170 results for 'filedAt:"2024-04-17"'.
J. Wendlandt upholds the denial of a juvenile’s motion to dismiss a care and protection case to give her father permanent custody over her. A custody order, without the care and protection case, is not sufficient for the father to maintain custody because the default custody arrangement for nonmarital children is for the mother to have custody. Affirmed.
Court: Massachusetts Supreme Court, Judge: Wendlandt, Filed On: April 17, 2024, Case #: SJC-13494, Categories: Family Law, Juvenile Law
J. Miller finds that the lower court properly denied the insurer's motion to dismiss fraud claims based on its alleged sale of an unlawful workers' compensation insurance program based on a forum-selection clause. The forum selection clause of an illegal insurance policy is not enforceable, and New York companies cannot be forced to litigate in Nebraska to vindicate their rights. Affirmed.
Court: New York Appellate Divisions, Judge: Miller, Filed On: April 17, 2024, Case #: 02032, Categories: Fraud, Insurance, Jurisdiction
Per curiam, the appellate division finds that the lower court properly found for Swarovski in a trip and fall suit stemming from a woman's fall over a sign on the sidewalk outside the Brooklyn Museum of Art advertising a fashion event sponsored by the jewelry company. There is no evidence Swarovski had any control or occupancy of the property abutting the sidewalk where the accident occurred. Affirmed.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: April 17, 2024, Case #: 02062, Categories: Tort, Negligence
J. Frimpong denies in part a former senior vice president's motion for judgment as a matter of law and grants in part his motion for a new trial regarding his former employer's, a human tissue product seller's, allegations that he misappropriated trade secrets, breached relevant contracts and interfered with the company's prospective economic advantage. The jury properly found that the former employer's manufacturing process was confidential, and that the former employee used or disclosed this information. The breach of duty claims are not preempted by trade secret law. The damages are supported by the evidence. There were no legal errors that would justify granting a new trial. However, there was insufficient evidence of the former employee's ability to pay a punitive damages award. The parties are ordered to further brief the issue of an appropriate punitive damages award.
Court: USDC Central District of California, Judge: Frimpong, Filed On: April 17, 2024, Case #: 2:20cv3444, NOS: Racketeer Influenced and Corrupt Organizations (RICO) - Other Suits, Categories: Trade Secrets, Contract, Racketeering
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J. Salter finds that the circuit court properly denied a breach of contract claim brought by a woman against the estate of her deceased husband. The son of the deceased opposed the partial summary judgment motion, arguing that a previous decision resolved the claim against the estate and precluded any further effort to change or refine the claim. The circuit court agreed and concluded that the woman was barred from litigating her breach of contract claim against the estate. Affirmed.
Court: South Dakota Supreme Court, Judge: Salter , Filed On: April 17, 2024, Case #: 2024SD23, Categories: Wills / Probate, Contract
J. Moorer grants, in part, Walmart’s motion for summary judgment in a customer’s slip-and-fall lawsuit. She argues that Walmart’s employees should have discovered the produce bag she slipped on, as it was a hazard on the premises. She gives up her wantonness and negligent hiring claims, so Walmart wins summary judgement on them. Only her negligence remains, as well as her husband’s loss of consortium claim.
Court: USDC Southern District of Alabama, Judge: Moorer, Filed On: April 17, 2024, Case #: 1:22cv391, NOS: Other Personal Injury - Torts - Personal Injury, Categories: Civil Procedure, Negligence, Premises Liability
J. Garcia finds that the lower court properly granted attorney Sidney Powell's no-evidence motion for summary judgment in the underlying disciplinary proceeding, in which the disciplinary commission claimed she had violated certain rules of conduct by allegedly filing two exhibits without their dates in a Georgia election lawsuit. On appeal, the commission argues that the lower court erred by sustaining the lawyer's objections to its evidence, but the court concludes that the arguments are meritless. Affirmed.
Court: Texas Courts of Appeals, Judge: Garcia, Filed On: April 17, 2024, Case #: 05-23-00497-CV, Categories: Elections, Evidence, Attorney Discipline
J. Cogburn partially grants a group of resigned golf club members’ motion for summary judgment in full after it had already previously been granted partial summary judgment when it sued the club for violating policy. The group claimed the club breached its contract for an amount of damages to be determined at trial. Then, it filed the current motion eight months after deadline, and regardless of the merits, the motion will not be considered for good cause. However, the group is granted leave to file a second summary judgment motion.
Court: USDC Western District of North Carolina, Judge: Cogburn, Filed On: April 17, 2024, Case #: 1:21cv333, NOS: Recovery of Overpayment & Enforcement of Judgment - Contract, Categories: Enforcement Of Judgments, Contract
J. Fischer finds the lower court properly denied the newspaper's public records requests. When combined in a single request, the names, addresses, and causes of death for deceased individuals constitute "protected health information" not subject to disclosure under the Ohio Public Records Act. Although another statute makes death certificates public information, the inclusion of a cause of death with a decedent's name and address allows a petitioner to discover the past health status of an individual - prohibited by the Public Records Act - and so petitioners cannot seek disclosure of the records "en masse." Affirmed.
Court: Ohio Supreme Court, Judge: Fischer, Filed On: April 17, 2024, Case #: 2024-Ohio-1399, Categories: Government, Health Care, Public Record
J. Stevenson finds the trial court properly allowed the wife to present expert testimony about the husband's earning capabilities. His specialized job in the private energy sector involved skills and work outside the scope of understanding for a layperson, while the husband was also able to fully cross-examine the expert witness. However, because the court failed to include spousal support as part of the wife's income during its calculation of child support, the case must be remanded to allow for a proper calculation. Reversed in part.
Court: Ohio Court Of Appeals, Judge: Stevenson, Filed On: April 17, 2024, Case #: 2024-Ohio-1456, Categories: Evidence, Family Law, Experts
J. Abramson finds the circuit court properly found in favor of the homeowner, who claims the insurer wrongfully denied her fire-damage claim for her not residing in the house at the time of the fire. The applicability of the policy's residency requirement to the “residence premises” definition is ambiguous. Without applying the requirement, the policy covers the claim. Affirmed.
Court: Arkansas Court Of Appeals, Judge: Abramson , Filed On: April 17, 2024, Case #: CV-22-579, Categories: Insurance, Property
J. Thyer finds the trial court properly convicted defendant for trafficking fentanyl, theft, and other drug and firearms charges. Following a traffic stop, dashcam video shows defendant was acting nervously when asked about potential illegal items that might be in the vehicle. Sufficient evidence shows that though defendant was not seen in actual or constructive possession of drugs found in her daughter’s shorts, she admitted to constructive possession. Affirmed.
Court: Arkansas Court Of Appeals, Judge: Thyer , Filed On: April 17, 2024, Case #: CR-23-562, Categories: Drug Offender, Firearms, Search
Vice Chancellor Cook grants an investment fund access to books and records in the possession of its former management company, including communications with law firms concerning the fund, because the management agreement is nearly all-encompassing in relation to access.
Court: Delaware Chancery Court, Judge: Cook, Filed On: April 17, 2024, Case #: 2023-1099-NAC, Categories: Discovery, Contract
J. Schlegel finds that defendant was properly convicted of domestic abuse battery by strangulation. Defendant does not show that a juror should have been disqualified from serving for not disclosing a prior felony. In this case, the juror admitted that he had been convicted of possession of methamphetamine in 2010, but he thought he had received “a pardon when [he]was taken off of probation." However, defendant's sentence as enhanced by the multiple offender bill is illegally lenient for not restricting parole. Affirmed in part.
Court: Louisiana Court Of Appeal, Judge: Schlegel, Filed On: April 17, 2024, Case #: 23-KA-393, Categories: Jury, Sentencing, Domestic Violence
Per curiam, the circuit finds the district court properly rendered judgment against a donut shop. The Cambodian immigrant's employment was allegedly in violation of the Trafficking Victims Protection Act, involving forced labor. Sufficient evidence shows the immigrant worked long hours for very low pay over a period of years, while being threatened with deportation. Sanctions were properly imposed on the immigrant's counsel for discovery violations and for filing fraudulent abstracts of judgment. Affirmed.
Court: 5th Circuit, Judge: Per curiam, Filed On: April 17, 2024, Case #: 22-40383, Categories: Immigration, Sanctions, Labor
J. Kamins finds the trial court properly declined defendant’s motion for acquittal based on “evidence that defendant forced [the victim] to leave his home under threat of being shot, shoved him through the door, made him get into the car, including dictating where he sat, and caused him to be driven to a motel across the freeway, all under continuing threat of being shot.” Affirmed.
Court: Oregon Court of Appeals, Judge: Kamins, Filed On: April 17, 2024, Case #: A179149, Categories: Evidence, Kidnapping
Per curiam, the Appeals Court affirms the juvenile court’s determination that a father is unfit. “Father suffers from various conditions and has engaged in conduct that is seriously detrimental to [the child].” Affirmed.
Court: Oregon Court of Appeals, Judge: Per curiam, Filed On: April 17, 2024, Case #: A182441, Categories: Family Law
J. Lucas finds that the trial court improperly denied a pharmacy's motion to arbitrate contract claims in California because the section of the Federal Arbitration Act that authorizes federal district courts to compel arbitration in civil actions does not bar states from doing so under their own jurisdiction. Reversed.
Court: Florida Courts Of Appeal, Judge: Lucas, Filed On: April 17, 2024, Case #: 2D2023-0096, Categories: Arbitration, Jurisdiction, Contract
J. Moore finds that although defendant was involved with his girlfriend in the scheme whereby she traded sexual favors for painkillers and used some of the drugs "purchased" through the setup, there was sufficient evidence to convict him of sex trafficking through force or coercion. The dealer routinely assaulted the victim and threatened her with guns on several occasions. Meanwhile, the trial court properly applied a "vulnerable victim" enhancement to defendant's sentence because his girlfriend's addiction to opioids and physical ailments placed her squarely in the category. Affirmed.
Court: 6th Circuit, Judge: Moore, Filed On: April 17, 2024, Case #: 23-3179, Categories: Evidence, Sentencing, Sex Offender
J. Kagan finds that the circuit improperly dismissed workplace gender discrimination claims a police officer brought against the city because the court applied the wrong standard in requiring the officer to prove that being transferred to the intelligence division constituted a significant employment disadvantage, as that the transfer left her worse off was sufficient. She was transferred from a prestigious job working with police commanders to a primarily administrative job overseeing a single district's patrol officers; she often had to work weekends to make up for the new, less regular schedule; and her take-home car was taken away.
Court: US Supreme Court, Judge: Kagan, Filed On: April 17, 2024, Case #: 22-193 , Categories: Civil Rights, Employment Discrimination
J. Ortega finds the trial court erred in dismissing an employee's claims of unlawful employment discrimination and whistleblowing. “There is a genuine issue of material fact as to whether plaintiff’s protected activity was a substantial factor in defendant’s decision to terminate his employment.” Reversed.
Court: Oregon Court of Appeals, Judge: Ortega, Filed On: April 17, 2024, Case #: A177073, Categories: Employment, Whistleblowers