216 results for 'filedAt:"2024-01-10"'.
J. Willett, withdrawing the previous opinion and substituting another, finds the district court improperly found in favor of journalists on the pre-enforcement claims filed by various photographers and press organizations who lost income due to the possibility of being sued for flying drones in sensitive airspace. Nothing in the First Amendment or binding precedent permits an unqualified right to conduct aerial surveillance on non-consenting private individuals on private property. Reversed in part.
Court: 5th Circuit, Judge: Willett , Filed On: January 10, 2024, Case #: 22-50337, Categories: Civil Rights, Constitution
J. Ho finds the district court properly denied the Harris County officer's motion for summary judgment and dismisses the appeal for want of jurisdiction. After the driver received a parking ticket, he and the ticketing officer stopped at a gas station where an exchange occurred, and the driver began videotaping. The driver followed the officer after leaving the gas station, though it is disputed whether this was intentional or incidental. The driver was stopped again, ordered to exit his car and tased in the process. All events were captured on the driver's cell phone or the officer's body cam, showing no resistance made by the driver. The video evidence supports the conclusion the driver was complying with the officer's commands, which is sufficient to overcome qualified immunity.
Court: 5th Circuit, Judge: Ho, Filed On: January 10, 2024, Case #: 22-20644, Categories: Evidence, Police Misconduct
J. Gale finds for the commissioner of internal revenue in tax liability claims because taxpayers failed to provide a reasonable explanation for unreported income.
Court: U.S. Tax Court, Judge: Gale, Filed On: January 10, 2024, Case #: 2024-4, Categories: Tax
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J. Gross finds that the trial court properly ruled for the hotel in negligence claims brought after an SUV ran into pedestrians who were using the crosswalk because the hotel employee was not acting in the scope of his employment while he used his cell phone to contact his employer at the time of the collision. Affirmed.
Court: Florida Courts Of Appeal, Judge: Gross, Filed On: January 10, 2024, Case #: 4D2022-3428, Categories: Employment, Negligence
Per curiam, the appellate division finds that the lower court improperly denied the county's motion to vacate an arbitration award in favor of the correctional officers' union. The county correctly argues that the arbitration award was irrational because the officers did not seek reimbursement of any out-of-pocket medical expenses, and they never claimed that their injuries qualified for statutory benefits. Reversed.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: January 10, 2024, Case #: 00069, Categories: Arbitration, Labor / Unions
J. Huffaker grants, in part, a sex offender’s motion for summary judgment in his constitutional challenge to the Alabama Sex Offender Registration and Community Notification Act. Alabama restricts convicted child sex offenders from residing or spending the night with a minor, even if the minor is the offender’s child; the court finds this is unconstitutional under the due process clause of the 14th Amendment. The court enjoins the state from enforcing the law in its current form.
Court: USDC Middle District of Alabama, Judge: Huffaker, Filed On: January 10, 2024, Case #: 2:21cv797, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Due Process, Injunction
J. Stone finds that the trial court properly dismissed a deceased patient's family's claims against healthcare providers related to the treatment of the decedent on the basis that the claims constituted allegations of medical malpractice and were required to first be considered by the medical review panel. The family's wrongful death and survival suit is potentially subject to the Louisiana Medical Malpractice Act depending on whether hydration and feeding were part of the decedent's treatment plan. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Stone, Filed On: January 10, 2024, Case #: 55,377-CA, Categories: Medical Malpractice, Contract
J. Hunter finds that defendant was properly convicted of a third offense violation of the Peeping Tom statute. A witness testified that as she was leaving her mother's home, she saw a person standing at the window of the house, whom she identified as defendant, who lived in the neighborhood. Further, there was doorbell video evidence admitted to support the witness' testimony. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Hunter, Filed On: January 10, 2024, Case #: 55,376-KA, Categories: Evidence
J. Grant finds that the district court improperly ruled in favor of the city with respect to an activist's First Amendment claim in a civil rights action arising after he was banned from city council meetings and arrested for disorderly conduct. The city violated the activist's rights when it indefinitely barred him from city hall, preventing him from attending city council meetings which are a designated public forum. However, the district court correctly found that the officer who enforced the city's ban was entitled to qualified immunity. The officers were not entitled to qualified immunity from the activist's false arrest claims because the activist's actions in yelling, cursing and grabbing his crotch did not amount to probable cause for a disorderly conduct arrest. The city had probable cause to arrest the activist for cyberstalking based on his online posts to a law enforcement blog. Reversed in part.
Court: 11th Circuit, Judge: Grant, Filed On: January 10, 2024, Case #: 22-11421, Categories: Civil Rights, Immunity, First Amendment
J. Greer finds that a mother's parental rights were properly terminated since she refused to admit she used methamphetamine and failed to comprehend why her child had been removed from her care. Affirmed.
Court: Iowa Court Of Appeals, Judge: Greer, Filed On: January 10, 2024, Case #: 23-1755, Categories: Family Law
J. Buller finds that a custody order was properly modified to place the children in the mother's physical care because the children better responded to the mother's nurturing approach after she moved out of state, while chafing at the the father's authoritarianism and physical discipline. Affirmed.
Court: Iowa Court Of Appeals, Judge: Buller, Filed On: January 10, 2024, Case #: 23-0049, Categories: Family Law
J. Hixson finds the trial court properly found in favor of the adjacent landowner in this property dispute. The ATV recreation park, which leases land from the logging company, has designed riding trails that cross onto the adjacent owner's property, utilizing a road that was previously undisputed. Although the park's managing member testified that he has maintained the road for more than 20 years, the adjacent landowner says he became aware of the park's use of it only within the last two years. The managing member's overt activity did not satisfy the necessary 7-year statutory period for adverse possession. Affirmed.
Court: Arkansas Court Of Appeals, Judge: Hixson , Filed On: January 10, 2024, Case #: CV-23-39, Categories: Environment, Property, Due Process
J. Cox finds that defendant was properly convicted of second degree murder. In this case, defendant did not object to the determination that he was competent to stand trial. Further, autopsy evidence was properly admitted because the photographs were used by the coroner to show the hemorrhage under the victim's scalp and to support the finding that the cause of death was homicide. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Cox, Filed On: January 10, 2024, Case #: 55,363-KA, Categories: Evidence, Murder
J. Hellman finds the juvenile court properly asserted jurisdiction over a child. The mother was “unable or unwilling to fully appreciate the risks posed by” the father’s failure to address his history of domestic violence, placing the child at risk of harm. Affirmed.
Court: Oregon Court of Appeals, Judge: Hellman, Filed On: January 10, 2024, Case #: A180679, Categories: Family Law
Per curiam, the Louisiana court finds that the juvenile court should not have denied a juvenile's motion for a bill of particulars as to the manslaughter charge against him. In this case, a short-form indictment was used. Under statute, a juvenile may procure details as to the statutory method by which he committed the offense through a bill of particulars. The state is required to provide additional information to give notice to the defense of the underlying felony.
Court: Louisiana Court Of Appeal, Judge: Per curiam, Filed On: January 10, 2024, Case #: 23-K-596, Categories: Juvenile Law, Manslaughter
J. Reidinger grants an insurance company’s motion for summary judgment after a bridge construction corporation counter-sued it for breach of contract. The insurer issued bonds to cover a number of the corporation’s construction projects, and the two parties entered into an indemnity agreement. A year later, the insurance company received claims against the bonds for breach of contract. The corporation admitted it could not complete the contracts and needed a $1.5 million advance. The company agreed under certain conditions, but the corporation never agreed to those, and the company never disbursed the money. The corporation argues that the company was obligated to pay it the full $1.5 million, but the company’s conditions were already part of the indemnity agreement, so this argument fails.
Court: USDC Western District of North Carolina, Judge: Reidinger, Filed On: January 10, 2024, Case #: 1:22cv24, NOS: Other Contract - Contract, Categories: Construction, Insurance, Contract
J. Tabor finds that defendant was properly allowed to purchase his deceased parents' farmland against the wishes of his siblings because the parents specified the option in their will, and the doctrine of equitable conversion was properly invoked in determining fair market value as of the date upon which defendant exercised his option. Affirmed.
Court: Iowa Court Of Appeals, Judge: Tabor, Filed On: January 10, 2024, Case #: 23-0260, Categories: Property, Wills / Probate, Conversion
J. Chicchelly finds that defendant was properly denied relief from his conviction for enticing a minor under the age of 16 with a sexual purpose after arranging on Facebook to have sex with his 14-year-old cousin. Defendant contends his plea was not supported by a factual basis, but his Facebook messages provided overwhelming evidence of intent. Affirmed.
Court: Iowa Court Of Appeals, Judge: Chicchelly, Filed On: January 10, 2024, Case #: 23-0479, Categories: Intent, Sex Offender, Child Victims
J. Langholz finds that a father was properly denied a request to modify custody of the parties' children to award joint physical care because he could not co-parent with the mother, and he failed to demonstrate changed circumstances warranting modification. Affirmed.
Court: Iowa Court Of Appeals, Judge: Langholz, Filed On: January 10, 2024, Case #: 23-0329, Categories: Family Law
J. Carter dismisses the consumer's class action accusing CVS Pharmacy of misleading consumers by claiming that its Advanced Formula Hand Sanitizer kills 99.99% of germs commonly found on human hands, even though common germs such as Norovirus, Cryptosporidium and others are not effectively killed by alcohol-based hand sanitizers. Although the front label of the product is ambiguous, a reasonable consumer would be expected to look at the back label to get more information. Because the back label explains the germs to which the 99.99% claim applies, the consumer has failed to state a claim that the label is false or misleading to a reasonable consumer.
Court: USDC Central District of California, Judge: Carter, Filed On: January 10, 2024, Case #: 8:20cv1979, NOS: Other Fraud - Torts - Personal Property, Categories: Fraud, Consumer Law, Class Action
J. Holdridge finds that the lower court convicted defendant of aggravated discharge of a firearm, but improperly convicted him of unlawful possession of a firearm without a FOID card. Defendant admitted to shooting at his victims, which is sufficient to show he knowingly discharged a firearm in the direction of another person. However, defendant was previously issued a FOID card, meaning his possession of the firearm was legal even if that FOID card was revoked at the time of the offense. Reversed in part.
Court: Illinois Appellate Court, Judge: Holdridge, Filed On: January 10, 2024, Case #: 220432, Categories: Firearms
J. Mendoza finds that the district court improperly dismissed an ERISA action brought by a surgery center which sought reimbursement from Anthem Blue Cross, an insurer and claims administrator, for the costs of medical services provided to patients. Under longstanding precedent, a healthcare provider has derivative authority to enforce ERISA’s protections if it has received a valid assignment of rights. The patients effectuated a valid assignment under the surgery center's “Assignment of Benefits.” Reversed.
Court: 9th Circuit, Judge: Mendoza, Filed On: January 10, 2024, Case #: 22-55717, Categories: Erisa, Health Care, Insurance
J. Moss finds that defendant was properly sentenced to 50 years at hard labor on his conviction for armed robbery. In this case, defendant held up a Lyft driver, forcing her to drive at gunpoint. Defendant then stole the victim's car and purse after she pleaded for her life. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Ellender, Filed On: January 10, 2024, Case #: 55,454-KA, Categories: Robbery, Sentencing
J. Pitman finds that defendant was properly convicted of second degree murder. The evidence shows that defendant stabbed the victim, the father of her ex-girlfriend's child, when the victim attempted to retrieve his daughter after defendant and the mother were involved in a fight. Witnesses testified that when the victim arrived to pick up his child, defendant asked him if he wanted to fight, armed herself with two knives and swung them at the victim. Therefore, defendant did not act in self defense. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Pitman, Filed On: January 10, 2024, Case #: 55,450-KA, Categories: Evidence, Murder, Self Defense
Per curiam, the appellate division finds that the lower court improperly denied the law firm's motion to dismiss the client's affirmative defenses, except for overbilling, and grants the client's cross-motion asserting that its guaranty only applies to fees and expenses incurred after the February 2017 engagement letter. The client's reading of the guaranty was reasonable given the text of the agreement as a whole. Affirmed.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: January 10, 2024, Case #: 00060, Categories: Negligence, Legal Malpractice, Attorney Fees