179 results for 'filedAt:"2024-02-08"'.
J. Lynch finds that the lower court improperly remitted for further review some applications from employees of New York's unified court system who sought a religious exemption from Covid-19 vaccination mandates. The office's questionnaire, which asked whether employees who opposed vaccination on fetal-cell testing grounds would give up any over-the-counter or prescription drugs they normally used that also relied on such testing, was not arbitrary in assessing sincerity of religious belief. Reversed.
Court: New York Appellate Divisions, Judge: Lynch, Filed On: February 8, 2024, Case #: CV-23-0032, Categories: Employment, Covid-19
J. Sheehan finds the trial court erroneously instructed the jury during defendant's trial on rape and gross sexual imposition charges that the element of force could be proven by evidence the victim's "will was overcome by fear or duress alone." Although defendant was the victim's stepfather, she was 18 at the time of the sexual assault and was not, by definition, a child. The victim admitted during her testimony that defendant did not force her to do anything when he assaulted her in the shower, and although there is other evidence in the record that could satisfy the heightened force standard - including that the victim urinated on herself when defendant initially touched her - the jury instruction deprived defendant of a fair trial and his convictions must be vacated. Reversed.
Court: Ohio Court Of Appeals, Judge: Sheehan, Filed On: February 8, 2024, Case #: 2024-Ohio-471, Categories: Fair Trial, Sex Offender, Jury Instructions
J. Goethals finds that the trial court properly rejected a pistachio grower's challenges to a local water agency's imposition of a groundwater replenishment fee. The grower's failure to "pay first, litigate later" violated established public policy and precluded its common law claim to native groundwater and its takings claim that the water was then illegally offered to other users. Affirmed.
Court: California Courts Of Appeal, Judge: Goethals, Filed On: February 8, 2024, Case #: G062327, Categories: Agriculture, Water
J. Longoria finds that the lower court improperly granted nonsuit without prejudice on the wrongful injunction counterclaim. The dismissal should have been with prejudice, as the appellees effectively waived the counterclaim. Accordingly, the court renders judgment that they take nothing on the claim. Reversed in part.
Court: Texas Courts of Appeals, Judge: Longoria, Filed On: February 8, 2024, Case #: 13-22-00096-CV, Categories: Energy, Contract, Injunction
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J. Trotter finds that the lower court improperly denied the appellants' dismissal motion in this health care liability lawsuit based on the appellee's alleged failure to timely serve them with the expert report and curriculum vitae. The appellee "failed to timely effectuate service of her expert reports" as required, and the parties did not agree to an extension. Reversed.
Court: Texas Courts of Appeals, Judge: Trotter, Filed On: February 8, 2024, Case #: 11-23-00027-CV, Categories: Civil Procedure, Health Care, Experts
J. Batchelder finds the trial court properly denied defendant's motion to suppress the purchase history obtained from Walmart by FBI agents during his trial for bank robbery. Although the agents did not have a search warrant, defendant did not have an expectation of privacy, given he bought the rain poncho and manila envelopes in a public store with a pay app that disclosed his name, address and payment information. Furthermore, the trial court properly refused to suppress results of a search of defendant's vehicle. Law enforcement was not required to obtain a search warrant before they seized and conducted the search, as defendant used his car in the commission of the crimes and was seen leaving Walmart. Affirmed.
Court: 6th Circuit, Judge: Batchelder, Filed On: February 8, 2024, Case #: 23-5126, Categories: Evidence, Robbery, Search
J. Slaughter finds that the trial court improperly ruled in an easement case. The evidence shows that the company does not have an easement over the property owners' land as a matter of law, and the matter should be remanded to determine if it has an easement due to prior use of the property. Reversed.
Court: Indiana Supreme Court, Judge: Slaughter, Filed On: February 8, 2024, Case #: 23S-PL-71, Categories: Property
J. Liu finds that the probate court properly held that an amendment to a revocable trust was valid. A trust without explicit provisions precluding modification or requiring exclusive procedures for modification may be modified using the statutory procedures for revocation. Affirmed.
Court: California Supreme Court, Judge: Liu, Filed On: February 8, 2024, Case #: S271483, Categories: Trusts, Wills / Probate
J. Hurd preserves a hairstylist’s claims for defamation, intentional infliction of emotional distress and tortious interference with business relations that allege a beauty supply store in Schenectady, New York, falsely accused her of shoplifting and discussed the events in front of other customers, which ultimately hurt her business. She plausibly alleges the store’s allegations to local authorities were made with actual malice. The court also finds that the crime of shoplifting is considered a “serious crime” pursuant to a slander per se claim.
Court: USDC Northern District of New York, Judge: Hurd, Filed On: February 8, 2024, Case #: 1:23cv666, NOS: Assault, Libel, & Slander - Torts - Personal Injury, Categories: Defamation, Emotional Distress, Interference With Contract
Per curiam, the appellate division finds that defendant, an inmate, was properly found guilty of violating prison rules after a folded ceramic utility knife was found in his right nostril during treatment at the infirmary for fight injuries. No procedural violations occurred at the disciplinary hearing, as defendant received all the relevant documents he requested. Affirmed.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: February 8, 2024, Case #: CV-23-0649, Categories: Prisoners' Rights
J. McShan finds that the lower court properly convicted defendant following his guilty plea to criminally negligent homicide in a fatal drug overdose. The superior court information that charged him was not jurisdictionally defective because it included reference to the section of penal law involved and used specific language in outlining the alleged crime of negligently causing a person's death. Affirmed.
Court: New York Appellate Divisions, Judge: McShan, Filed On: February 8, 2024, Case #: 110666, Categories: Plea, Negligent Homicide
J. Mann finds the lower court properly denied the motion to suppress an out-of-court identification and the subsequent in-court identification. A masked man attempted to rob a man and his son, but the man grabbed the gun when he noticed by the size of its barrel that it was a BB gun. The responding police officer, after hearing the masked man was skinny, young, Caucasian, and brown-eyed, showed the victim a photo of a light-skinned Latino resident who lived in the area, and the man immediately recognized him as the assailant. The officer’s comment acknowledged that he was unsure about his suspicion of the light-skinned man and had only provided the photograph of him because the officer believed he roughly matched the description given by the victim. The officer’s comments did not create circumstances that induced the victim to inevitably identify the light-skinned man. Affirmed.
Court: Virginia Supreme Court, Judge: Mann, Filed On: February 8, 2024, Case #: 220445, Categories: Evidence, Robbery, Due Process
J. Nelson dismisses the lecturer's complaint that the university did not approve the lecturer a religious exception to the Covid-19 vaccine mandate, placing her on unpaid leave. The lecturer does not establish that the university or its staff substantially burdened her religious practices or beliefs, and the lecturer does not provide any precedent supporting her argument that a medical exception process would "have a tendency to coerce individuals into acting contrary to their religious beliefs."
Court: USDC Oregon, Judge: Nelson, Filed On: February 8, 2024, Case #: 3:22cv1254, NOS: Employment - Civil Rights, Categories: Employment, Covid-19, Employment Discrimination
J. Markle finds that the trial court properly ruled in favor of the landlord in a breach of contract action against the guarantor but incorrectly included an award of 150% of rent and attorney fees in the damages award. The trial court did not conduct the correct analysis with respect to the award. The guaranty signed by the guarantor clearly obligated her to pay money due under the lease between her company and the landlord. Although the guaranty incorrectly referred to the guarantor as the tenant instead of her company, the error does not render the guaranty unenforceable. Affirmed in part.
Court: Georgia Court of Appeals, Judge: Markle, Filed On: February 8, 2024, Case #: A23A1647, Categories: Landlord Tenant, Contract
J. Bahr finds that the district court properly dismissed an appeal of a Workplace Safety and Insurance (WSI) order as untimely. The matter stemmed from a workplace injury. An administrative law judge affirmed WSI’s decision, concluding “there was a lack of medical evidence to support those symptoms were caused by the work incident." Affirmed.
Court: North Dakota Supreme Court, Judge: Bahr , Filed On: February 8, 2024, Case #: 2024ND21, Categories: Employment
J. Donnelly dismisses a case worker’s disability discrimination and retaliation complaint against New York City’s Human Resources Administration, claiming she was denied an exemption from its Covid-19 vaccine mandate and was fired after refusing to get vaccinated. The agency is not a suable entity, and she fails to specify what, if any, disability she actually suffers from that would be a basis for her claims.
Court: USDC Eastern District of New York, Judge: Donnelly, Filed On: February 8, 2024, Case #: 1:22cv6307, NOS: Amer w/Disabilities-Employment - Civil Rights, Categories: Ada / Rehabilitation Act, Covid-19, Employment Discrimination
J. Borrello finds that an insurer was properly denied summary judgement in claims a widow brought after a semi-truck crashed into a divider, crushing and killing its passenger, because the insurer provided coverage to the truck driver's employer. Affirmed.
Court: Michigan Court of Appeals, Judge: Borrello, Filed On: February 8, 2024, Case #: 361674, Categories: Insurance
J. Forbes finds the trial court improperly denied defendant's motion for a new murder trial based on his brother's confession. Although the first confession submitted by his brother was not properly notarized and lacked credibility, subsequent confessions were not tainted by the initial filing and qualified as newly discovered evidence. When combined with the lack of physical evidence used to convict defendant - including the absence of gunpowder residue within eight minutes of the shooting - and the intoxicated nature of the victim at the time he made his identification, the confession renders defendant's convictions against the weight of the evidence and requires his convictions be vacated. Reversed.
Court: Ohio Court Of Appeals, Judge: Forbes, Filed On: February 8, 2024, Case #: 2024-Ohio-469, Categories: Evidence, Murder
J. McFadden finds that the trial court properly entered a $1.15 million judgment in favor of the law firm in an action against the client arising from unpaid fees for legal services. The trial court correctly refused to give a jury instruction on evidence spoliation. The firm did not have a duty to preserve notes the sole member attorney made to aid in creating invoices. Litigation was not being contemplated at the time the notes were discarded. The client failed to show that the trial court abused its discretion in precluding the client's expert from giving an irrelevant opinion on the firm's purported violation of one of the Georgia Rules of Professional Conduct. Affirmed.
Court: Georgia Court of Appeals, Judge: McFadden, Filed On: February 8, 2024, Case #: A23A1474, Categories: Contract
J. Milazzo grants a request for default judgment by a seller of construction material against a contractor for unpaid invoices amounting to $399,000. The contractor has failed to appear in court, respond to the suit or otherwise defend itself. However, the prevailing construction business’s request for attorney fees in the amount of $4,700 does not detail the lawyers hourly billing rate nor the hours spent on the litigation; therefore, the litigant must submit attorney fees and costs according to Louisiana law.
Court: USDC Eastern District of Louisiana , Judge: Milazzo, Filed On: February 8, 2024, Case #: 2:23cv511, NOS: Other Contract - Contract, Categories: Construction, Enforcement Of Judgments, Attorney Fees