J. Jewell finds that the trial court properly entered a final decree of divorce after it denied the incarcerated ex-husband's request for a bench warrant. The ex-husband did not give adequate information for the court to evaluate the request for a bench warrant. Affirmed.
Court: Texas Courts of Appeals, Judge: Jewell, Filed On: March 26, 2024, Case #: 14-23-00270-CV, Categories: Family Law, Due Process
J. Zimmerer finds that the trial court properly entered judgment in a dispute over a settlement agreement that stems from a "failed land transaction." There was no abuse of discretion in the exclusion of proposed testimony regarding an alleged withdrawal of funds from the registry of a different trial court in Brazoria County. Affirmed.
Court: Texas Courts of Appeals, Judge: Zimmerer, Filed On: March 26, 2024, Case #: 14-23-00103-CV, Categories: Property, Contract
J. Sessions sustained and overruled, in part, an industrial acquisition and a bakery investment companies’ objection to fees and costs submissions brought by a class of workers’ regarding labor law violations. The attorneys sought higher than normal hourly fees and number of hours typically approved by the court and the fees shall be reduced. The parties’ statements are very vague for the fees and cost but shall submit a more in-depth revised statement within 30 days.
Court: USDC Vermont, Judge: Sessions, Filed On: March 26, 2024, Case #: 2:21cv120, NOS: Other Labor Litigation - Labor, Categories: Sanctions, Attorney Fees, Labor
J. Robinson finds that the trial court improperly granted plaintiff, an on air morning show radio personality, partial final judgment absent an express determination that just reason for delay did not exist. Subsequently, the court did not reach issues raised in plaintiff's appeal from an order granting partial summary judgment in favor of his employer on three of 22 of counts.
Court: Rhode Island Supreme Court, Judge: Robinson, Filed On: March 26, 2024, Case #: 23-141, Categories: Civil Procedure, Employment
J. Gaertner finds that the commission improperly made three unemployment overpayment determinations against a waitress who claimed unemployment during the Covid-19 pandemic. The record is unclear when the commission mailed its overpayment determination to the waitress, so her appeals to the administrative tribunal cannot be found untimely. Reversed.
Court: Missouri Court Of Appeals, Judge: Gaertner, Filed On: March 26, 2024, Case #: ED111479, Categories: Administrative Law
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J. Pallmeyer denies an insurance agency association’s motion for summary judgment, but grants the U.S. Department of Housing and Urban Development’s cross-motion for summary judgment, in this decade-old suit over whether insurers can be sued under the Fair Housing Act for making policy decisions based on risk that disparately impact people of color and other marginalized groups. A decade ago, the Housing Department decided insurers should face that legal liability, a decision insurers called “capricious” and the court found warranted further analysis. The Housing Department made the same decision last year, but this time it sufficiently backed up its conclusion to address the court’s concerns.
Court: USDC Northern District of Illinois, Judge: Pallmeyer, Filed On: March 26, 2024, Case #: 1:13cv8564, NOS: Administrative Procedure Act/Review or Appeal of Agency Decision - Other Suits, Categories: Administrative Law, Insurance, Equal Protection
J. Boomgaarden answers two certified questions from a district court regarding the duty of care from law enforcement officers during an investigation. As prior precedent has established, officers must owe a common law duty to a suspect in an investigation to do their job as "reasonable peace officers of ordinary prudence." Officers that follow that duty are also allowed to assert qualified immunity.
Court: Wyoming Supreme Court, Judge: Boomgaarden, Filed On: March 26, 2024, Case #: S-23-0100, Categories: Immunity, Police Misconduct
J. Bunn grants as moulded the widow's writ prohibiting enforcement of the lower court's order appointing a special commissioner to obtain and submit evidence regarding the administration of her late husband's estate and sell the estate’s property. The trial judge exceeded his authority following an evidentiary hearing when he granted the step-children's motion for summary judgment, accepted the special commissioner's report and ordered him to sell any of the estate's property despite ambiguity as to its valuation and ownership.
Court: West Virginia Supreme Court Of Appeals, Judge: Bunn, Filed On: March 26, 2024, Case #: 22-853, Categories: Civil Procedure, Wills / Probate
J. Mitchell finds that the lower court properly convicted defendant of rape and sentenced him to 40 years in prison. The court did not err by admitting a video of the victim's interview at the Child Advocacy Center. The victim's statements were spontaneous, consistent, and made within hours of the crime. Affirmed.
Court: Missouri Court Of Appeals, Judge: Mitchell, Filed On: March 26, 2024, Case #: WD85913, Categories: Evidence, Sex Offender
J. Martin finds that the lower court properly dismissed a woman's trip and fall suit as a sanction for her failure to timely and properly respond to discovery requests. An evasive or incomplete answer is to be treated as a failure to answer. Affirmed.
Court: Missouri Court Of Appeals, Judge: Martin, Filed On: March 26, 2024, Case #: WD86378, Categories: Tort
J. McDade finds that the lower court properly denied defendant's request for pretrial release on charges of violating a stalking no-contact order. Defendant called the victim and attempted to unlawfully enter her home, showing that he remains a danger to her. Affirmed.
Court: Illinois Appellate Court, Judge: McDade, Filed On: March 26, 2024, Case #: 230758, Categories: Bail, Threats
J. D’Agostino denies summary judgment to two Colonie police officers on claims that they used excessive force to arrest an individual suspected of shoplifting at a local Target, which caused him to suffer a broken arm. The parties disagree over whether the suspect, after fleeing from the scene, voluntarily laid down on the ground in the parking lot to be arrested or whether he accidentally fell and had to be physically restrained.
Court: USDC Northern District of New York, Judge: D’Agostino, Filed On: March 26, 2024, Case #: 1:20cv151, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Tort, Police Misconduct
J. Suddaby enters judgment against a Kingston, New York, resident on his remaining false arrest and false imprisonment claims stemming from a physical altercation with his daughter’s boyfriend and dismisses the case. The court finds the remaining defendant, a SWAT team member with the local police force, had probable cause to arrest the resident based on conflicting testimony regarding the accidental discharge of a rifle during the scuffle and is also entitled to qualified immunity.
Court: USDC Northern District of New York, Judge: Suddaby, Filed On: March 26, 2024, Case #: 1:20cv104, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Immunity, Police Misconduct
J. Brown reaffirms a jury’s verdict that found in favor of a Suffolk County resident on his claim for malicious prosecution against a county police officer, but finds the $600,000 award in damages to be excessive and sends the case back to trial on the issue of damages unless the parties agree to a reduced award of $233,100. Lastly, the court finds the jury’s verdict against Suffolk County was not supported by the evidence and vacates the judgment.
Court: USDC Eastern District of New York, Judge: Brown, Filed On: March 26, 2024, Case #: 2:16cv4164, NOS: Other Civil Rights - Civil Rights, Categories: Malicious Prosecution, Damages, Police Misconduct
J. Hall dismisses a complaint against New York’s education department challenging its decision to revoke an impartial hearing officer’s certification after finding she had committed plagiarism and improperly advocated on behalf of a party in one of her cases. Her due process claim fails because she did not file a petition in state court appealing the decision as required, and her equal protection claim fails because she does not specify any comparators which would suggest she was singled out on the basis of her race.
Court: USDC Eastern District of New York, Judge: Hall, Filed On: March 26, 2024, Case #: 1:23cv2361, NOS: Other Civil Rights - Civil Rights, Categories: Education, Due Process, Equal Protection
[Consolidated.] J. Randolph vacates the National Labor Relations Board's decision a produce company committed two unfair labor practices during "two brief workplace incidents." The board did not have substantial evidence to "support a reasonable inference that something nefarious was afoot." Vacated.cv
Court: DC Circuit, Judge: Randolph, Filed On: March 26, 2024, Case #: 23-1100, Categories: Administrative Law, Labor / Unions
J. Zimmerer finds that the trial court properly granted primary custody of the child to the mother and denied the father's plea to the jurisdiction in which he argued the child's home state was India. The evidence shows the mother and child "have a significant connection with Texas," and the time the child spent in India should not be considered since the father had abducted the child in order to establish jurisdiction there. Affirmed.
Court: Texas Courts of Appeals, Judge: Zimmerer, Filed On: March 26, 2024, Case #: 14-23-00572-CV, Categories: Family Law, Jurisdiction
J. Forrest finds that the district court properly entered conviction after a jury found defendant guilty of knowingly importing cocaine and methamphetamine. However the matter is remanded for resentencing. The district court erred by not making an explicit reliability finding related to an expert’s testimony about the value of the drugs found in defendant's vehicle, but the error was harmless. However, the matter is remanded for resentencing in line with recent authority clarifying the process for conducting a "mitigating role inquiry." Affirmed in part.
Court: 9th Circuit, Judge: Forrest, Filed On: March 25, 2024, Case #: 22-50069, Categories: Drug Offender, Sentencing