3,707 results for 'casenum:"23"'.
J. Neeley finds the county court properly granted the Department of Health and Human Services' plea to the jurisdiction. The black, female former employee filed suit after being denied employment for a position from which she had resigned. She was eventually rehired and filed civil rights charges with the Texas Workforce Commission, alleging she was retaliated against, and that the department did not comply with a settlement agreement. The court lacks subject matter jurisdiction because the negligence claim does not fall within the Texas Tort Claims Act's limited waiver of immunity, the state is immune from the claim for breach of the settlement agreement, no prima facie claim for retaliation was stated and the state is not the employer pursuant to the Texas Commission on Human Rights Act. Affirmed.
Court: Texas Courts of Appeals, Judge: Neeley , Filed On: May 8, 2024, Case #: 12-23-00204-CV, Categories: Jurisdiction, Employment Discrimination, Employment Retaliation
J. Ohlson finds that the U.S. Air Force Court of Criminal Appeals improperly set aside and dismissed defendant’s Article 134 charge relating to indecent conduct for performing sexual acts upon a childlike sex doll. Article 134 gives “fair notice to servicemembers of ordinary intelligence that engaging in sexual acts with a lifelike child sex doll falls squarely within the president’s definition of indecent conduct.” Reversed.
Court: Court of Appeals for the Armed Forces, Judge: Ohlson, Filed On: May 8, 2024, Case #: 23-0134, Categories: Military
J. Valenzuela grants mandamus relief to a transportation company and truck driver after the trial court improperly compelled responses to an injured driver's request for information on lawsuits filed against the company and access to the truck driver's cell phone. The requests are overbroad, as they seek information on lawsuits filed in the past 10 years and access to the truck driver's cell phone data four hours prior to the accident.
Court: Texas Courts of Appeals, Judge: Valenzuela, Filed On: May 8, 2024, Case #: 04-23-01067-CV , Categories: Tort, Negligence, Discovery
J. Heytens finds the lower court improperly granted the county judgment when it found no reasonable adjudicator could view the facts in a way that would make incarcerated workers employees for the purpose of the act. A group of imprisoned people working at a recycling plant sued the county, alleging violations of the Fair Labor Standards Act and two Maryland statutes. There is no definite rule that such workers cannot be covered by the act when they work outside their detention facility’s walls and for someone other than their immediate detainer. Vacated.
Court: 4th Circuit, Judge: Heytens , Filed On: May 8, 2024, Case #: 23-1731, Categories: Employment, Labor, Prisoners' Rights
J. Logue finds the trial court erred in its judgment in favor of the lender in the borrowers' lawsuit over a judgment of foreclosure allowing $20 million in default interest to be retroactively calculated and added to the $41,793,694 principal balance of the underlying mortgage loan. There are disputes of fact regarding whether the borrowers' use of hurricane insurance proceeds to fix damages to their hotel caused by Hurricane Irma in 2017 violated the terms of the mortgage note or was approved by the lender, so the trial court's summary judgment order in the lender's favor is reversed and the case is remanded for further proceedings. Reversed.
Court: Florida Courts Of Appeal, Judge: Logue, Filed On: May 8, 2024, Case #: 23-0071, Categories: Foreclosure, Contract
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J. Virden finds the county court improperly denied the estate’s petition for a writ to revive a deficiency judgment obtained during foreclosure proceedings against debtors to the estate. The 10-year period for revival did not begin to run from the date of the initial foreclosure decree, but from that of the deficiency judgment. The decree did not dismiss the parties from the case or put the judgment into execution. Reversed.
Court: Arkansas Court Of Appeals, Judge: Virden , Filed On: May 8, 2024, Case #: CV-23-200, Categories: Debt Collection, Due Process, Banking / Lending
J. Ahlers finds that a creditor's lawsuit against the daughter's power of attorney was properly dismissed in claims alleging non-payment of nursing home bills because she did not become personally liable for the debt simply by being her mother's agent and no longer held power of attorney at the time the suit was filed. Affirmed.
Court: Iowa Court Of Appeals, Judge: Ahlers, Filed On: May 8, 2024, Case #: 23-0459, Categories: Civil Procedure, Debt Collection, Contract
J. Buller finds that Alcoa was improperly granted summary judgment in premises liability claims in which an independent contractor died of mesothelioma after working at Alcoa facilities for 20 years because the standard of the unmodified duty of care owed by land possessors should have been used to weigh the claims. Reversed.
Court: Iowa Court Of Appeals, Judge: Buller, Filed On: May 8, 2024, Case #: 23-0458, Categories: Premises Liability, Asbestos
J. Buller finds that defendant was properly convicted of OWI after showing signs of methamphetamine use during a traffic stop because the excessively loud muffler on defendant's vehicle constituted probable cause to initiate the stop. Affirmed.
Court: Iowa Court Of Appeals, Judge: Buller, Filed On: May 8, 2024, Case #: 23-0856, Categories: Search, Dui
J. Schroeder finds that the district court properly dismissed an action brought by five registered California gun owners who challenged California legislation aimed at encouraging research on firearm violence that permits the California Department of Justice to disseminate information from its databases to accredited research institutions about purchasers of firearms and ammunition, as well as individuals who hold permits to carry concealed weapons. The gun owners did not state a claim for violation of the right to informational privacy under the Fourteenth Amendment. Affirmed.
Court: 9th Circuit, Judge: Schroeder, Filed On: May 8, 2024, Case #: 23-55133, Categories: Constitution, Privacy, Firearms
J. Benavides conditionally grants the relator’s petition for a writ of mandamus, in which he challenges a ruling in the lower court granting his pre-suit deposition. The entity seeking the deposition failed to show why the deposition should occur in a Rule 202 proceeding. Accordingly, the order granting the request was an abuse of discretion.
Court: Texas Courts of Appeals, Judge: Benavides, Filed On: May 8, 2024, Case #: 13-23-00410-CV, Categories: Civil Procedure, Discovery
J. Fernandez finds the trial court improperly granted the court-appointed lawyer $43,530 in attorney fees at a rate of $100 per hour for representing an indigent defendant in a murder trial. The trial court was wrong to find that the state administrative office's contract controlling the lawyer's representation of the client was unenforceable, so the office's petition for writ of certiorari is granted, the trial court's order is quashed, and the case is remanded for the trial court to award the lawyer $32,647 in fees at a rate of $75 per hour.
Court: Florida Courts Of Appeal, Judge: Fernandez, Filed On: May 8, 2024, Case #: 23-2209, Categories: Attorney Fees
J. Gruber finds the county court properly granted the business owner's motion for summary judgment. The owner asserted he did not own the accident-involved vehicle but had sold it to the driver through his auto salvage business on an installment agreement, with the state having issued the title to the driver. Though the driver was previously employed by the owner, at the time of the accident he was no longer employed, and the owner had no duty to confirm he was licensed or insured. Affirmed.
Court: Arkansas Court Of Appeals, Judge: Gruber , Filed On: May 8, 2024, Case #: CV-23-258, Categories: Vehicle, Negligence
J. Perret finds that the trial court improperly dismissed the homeowners' claims alleging that the pest control company did not treat the homeowners' property multiple times, leading to a Formosan termite infestation. The trial court erred in dismissing this case as abandoned, because there is evidence to suggest that the homeowners' counsel sent an email about several deficiencies they were concerned about regarding the pest control company's discovery. Reversed.
Court: Louisiana Court Of Appeal, Judge: Perret, Filed On: May 8, 2024, Case #: CA-23-772, Categories: Property, Discovery, Contract
J. Klappenbach finds the circuit court properly terminated the mother's parental rights to her two children. The 18- and 6-month-old children were taken into custody when the children’s putative father was arrested on drugs and weapons charges during the mother's period of incarceration on a different conviction. All evidence supports the best interest finding and the court committed no reversible error in denying the mother's motion to have witnesses testify remotely. Affirmed.
Court: Arkansas Court Of Appeals, Judge: Klappenbach , Filed On: May 8, 2024, Case #: CV-23-837, Categories: Family Law, Due Process, Guardianship
J. Brown, in this interlocutory appeal, finds the circuit court properly denied the nursing center's motion to compel arbitration in this wrongful death suit. The estate alleges that due to insufficient staffing, the decedent was not turned often enough to prevent the stage 2 wound to her left coccyx, a boil to her left buttock and an unstageable wound to her right heel. The patient was also dehydrated and malnourished, which prevented healing. There is insufficient evidence the decedent authorized her daughter to bind her to arbitration, and the daughter did not have actual authority to enter into the agreement on her mother's behalf. Affirmed.
Court: Arkansas Court Of Appeals, Judge: Brown, Filed On: May 8, 2024, Case #: CV-23-182, Categories: Arbitration, Health Care, Wrongful Death
J. Wood finds the trial court properly convicted defendant for murder, committing a terroristic act and tampering with evidence based on sufficient evidence. The 13-year-old witness testified a "splat-ball" game was happening in the neighborhood when he saw defendant fire a gun at a carload of teenagers. The witness ran when he heard a loud bang, returning later the find the 8-year-old victim dead from a gunshot wound to the head. The court's application of a firearm enhancement to the murder and terroristic-act convictions does not constitute a double-jeopardy violation. No error is found in the court's not accepting defendant's proffered jury instructions for second-degree murder and manslaughter. Affirmed.
Court: Arkansas Court Of Appeals, Judge: Wood , Filed On: May 8, 2024, Case #: CR-23-525, Categories: Murder, Child Victims, Terrorism
J. Wicker finds that the trial court should not have found for the defendant driver in this car collision action because the trial court admitted the defendant driver's out-of-court statements that she had the green light. The plaintiff driver's undisputed testimony stated that he had the green light and did not see the defendant driver's car when he entered the intersection, which supports that the accident was solely caused by the defendant driver. Reversed.
Court: Louisiana Court Of Appeal, Judge: Wicker, Filed On: May 8, 2024, Case #: 23-CA-298, Categories: Evidence, Negligence
J. Worthen finds the trial court properly granted the city's motion for summary judgment. The probationary patrol officer, who was prescribed Percocet for pain management of pancreatitis, was terminated for failure to perform his duties. Sufficient evidence shows the officer was unable to satisfactorily perform the duties of his job. No error is found in the court's exclusion of evidence of the city's background check on the officer. Affirmed.
Court: Texas Courts of Appeals, Judge: Worthen , Filed On: May 8, 2024, Case #: 12-23-00289-CV, Categories: Employment, Evidence, Municipal Law
J. Hoyle finds the trial court properly convicted defendant for murder. Testimony from neighbors shows defendant and his girlfriend were experiencing tension in the relationship after their daughter was born, and that this was exacerbated by defendant's recent wreck in his truck and a winter storm. A female witness with whom defendant had flirted in the past testified the girlfriend retrieved a gun when defendant taunted her with the flirtation. Defendant shot and killed the girlfriend when attempting to take the gun from her. His version of how the shooting occurred was inconsistent with the blood spatter evidence and other forensic evidence, such as the fact that the bullet did not exit the girlfriend's skull. A rational factfinder reasonably could infer that defendant intentionally or knowingly shot the victim. Affirmed.
Court: Texas Courts of Appeals, Judge: Hoyle , Filed On: May 8, 2024, Case #: 12-23-00208-CR, Categories: Evidence, Firearms, Murder
J. Carr finds that defendant was properly convicted of theft for servicing personal vehicles at an automotive maintenance shop where she worked, even after she stopped working there, without disclosing her account or paying for services. Affirmed.
Court: Iowa Court Of Appeals, Judge: Carr, Filed On: May 8, 2024, Case #: 23-0365, Categories: Theft
J. Buller finds that defendant was properly denied relief from his first-degree murder conviction even though he recanted his confession because multiple witnesses testified about other incriminating statements which corroborated defendant's confession to police. Affirmed.
Court: Iowa Court Of Appeals, Judge: Buller, Filed On: May 8, 2024, Case #: 23-0247, Categories: Evidence, Murder
J. Langholz finds that the lower court properly dismissed contract claims in which investors allege defective construction of a commercial and residential development because the contract was void for having "only one party." Affirmed.
Court: Iowa Court Of Appeals, Judge: Langholz, Filed On: May 8, 2024, Case #: 23-0236, Categories: Construction, Contract
J. Greer finds that the lower court properly dismissed defendant's claims seeking relief from his 2015 robbery conviction because intoxication does not constitute an actual-innocence defense. Affirmed.
Court: Iowa Court Of Appeals, Judge: Greer, Filed On: May 8, 2024, Case #: 23-0650, Categories: Robbery
J. Reyes finds that plaintiff's motion to substitute parties was properly granted in personal injury claims brought after the driver of a moving truck fell asleep at the wheel and crashed, injuring plaintiff, his passenger. Plaintiff incorrectly named a defendant in his suit, but the moving company had notice of the misnomer from the start. Affirmed.
Court: Iowa Court Of Appeals, Judge: Tabor, Filed On: May 8, 2024, Case #: 23-1034, Categories: Civil Procedure, Negligence
J. Badding finds that a company was properly awarded liquidated damages after an employee sent herself the company's client list to her private email account before ending her professional relationship because the employee failed to present evidence that actual damages stemming from the breach would have been less than the stipulated amount of liquidated damages. Affirmed.
Court: Iowa Court Of Appeals, Judge: Badding, Filed On: May 8, 2024, Case #: 23-0796, Categories: Employment, Damages, Contract
J. Rabner finds that the appellate division improperly held that a police officer violated the non-disparagement clause in her settlement with the township by stating in a television news interview that she had been abused for eight years and discussing allegedly retaliatory disciplinary charges because the non-disparagement clause would bar speech protected under state anti-discrimination laws, and thus was not enforceable. Further, "survivors of discrimination and harassment have the right to speak about their experiences in any number of ways, and they can no longer be restrained by confidentiality provisions in employment contracts or settlement agreements." Reversed in part.
Court: New Jersey Supreme Court, Judge: Rabner , Filed On: May 7, 2024, Case #: A-2-23, Categories: Employment, Defamation, Employment Retaliation