173 results for 'filedAt:"2024-02-15"'.
J. Herman finds that defendant was properly convicted of second degree murder and obstructing justice by evidence tampering. Defendant's right to counsel was not violated because the defense counsel did not send a text message to the trial judge after access to meet with defendant was denied by jail personnel. Further, the defense counsel could have requested to meet privately with defendant in the trial judge’s chambers before trial, during breaks, or when trial proceedings had ended for the day. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Herman, Filed On: February 15, 2024, Case #: 2023-KA-0493, Categories: Constitution, Murder
J. Garry finds that an adjunct music professor at a college was properly disqualified from receiving unemployment benefits on grounds that she left her job without good cause because she failed to meet the school's requirement that she receive a Covid-19 vaccination before in-person instruction commenced anew following a period of remote teaching, and she failed to provide documentation indicating she had been relieved of the mandate after she contracted Covid and tested positive for antibodies. Affirmed.
Court: New York Appellate Divisions, Judge: Garry, Filed On: February 15, 2024, Case #: CV-23-0885, Categories: Employment, Covid-19
J. Keough finds the lower court properly denied the attorney's motion to dismiss on the grounds of res judicata. Although the firm to which he belongs was sued by the same law firm that acted as landlord to the parties, the attorney would not have been individually liable for any judgment in that case, which allowed the landlord law firm to bring the present action against him in his individual capacity. Meanwhile, the contract claim was properly decided in the landlord law firm's favor. Its decision to change the locks after the attorney vacated his leased space did not breach the parties' agreement, especially in light of the attorney's testimony that he removed his equipment and furniture because he did not intend to return. Affirmed in part.
Court: Ohio Court Of Appeals, Judge: Keough, Filed On: February 15, 2024, Case #: 2024-Ohio-579, Categories: Landlord Tenant, Contract
J. Boyle finds the lower court properly granted permanent custody of the child to family services. Not only is his sibling already in foster care for similar drug exposure issues caused by the mother, but the father is incarcerated and will remain so until at least 2026, which prevents the child from being placed in his care in a reasonable amount of time. Affirmed.
Court: Ohio Court Of Appeals, Judge: Boyle, Filed On: February 15, 2024, Case #: 2024-Ohio-588, Categories: Evidence, Family Law
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J. Vance denies a property manager’s request to strike a former tenant’s claim he violated Louisiana law by failing to notify him for almost one year that his social security number and other personal data had been stolen, resulting in major corporations pursuing him for fraudulent purchases. The ex-landlord argues the former tenant knew his allegations were false based on correspondence between the litigants’ attorneys that included letters to the state’s attorney general. However, the correspondence does not clearly show the ex-tenant's state law claim is defective.
Court: USDC Eastern District of Louisiana , Judge: Vance, Filed On: February 15, 2024, Case #: 2:23cv1450, NOS: Other Contract - Contract, Categories: Fiduciary Duty, Negligence, Privacy
J. Jones grants the consent decree between the nonprofit organization and the city regarding the former's complaint that the latter violated multiple provisions of its National Pollutant Discharge Elimination System permit. Among other stipulations, the city agrees to collect industrial stormwater samples, depending on weather patterns.
Court: USDC Western District of Washington, Judge: Jones, Filed On: February 15, 2024, Case #: 2:23cv756, NOS: Environmental Matters - Other Suits, Categories: Environment, Settlements, Water
Per curiam, the court of appeals finds that plaintiff's appeal should be dismissed as brought from the denial of her request to amend the bill of particulars in personal injury claims brought against her landlord because the denial did not finally determine the action, and plaintiff's own recklessness in climbing to the building's rooftop was found to be the sole cause of the accident.
Court: New York Court Of Appeals, Judge: Per curiam, Filed On: February 15, 2024, Case #: 59 SSM 12, Categories: Civil Procedure, Tort
J. Powers finds that a cashier for a financial services company was properly disqualified from receiving unemployment benefits for leaving her job without good cause since the cashier failed to meet the health department's mandate that public-facing workers receive the Covid-19 vaccination and failed to provide documentation indicating she had been medically excused from getting vaccinated. Affirmed.
Court: New York Appellate Divisions, Judge: Powers, Filed On: February 15, 2024, Case #: CV-23-0569, Categories: Employment, Covid-19
J. Molter finds that the court of appeals properly vacated theft convictions entered on charges that defendant continued to work remotely in serving as county commissioner after ceasing to reside in the county as required because evidence does not indicate defendant had reason to believe she was receiving pay improperly. Affirmed.
Court: Indiana Supreme Court, Judge: Molter, Filed On: February 15, 2024, Case #: 24S‐CR‐55, Categories: Evidence, Theft
J. Thompson finds that the lower court properly dismissed claims seeking damages for intentional infliction of emotional distress claims brought after plaintiff signed a release as co-administrator of her daughter's estate after her daughter died in an drunk driving accident caused by her son-in-law because plaintiff failed to state a claim upon which relief could be granted. Affirmed.
Court: Kentucky Supreme Court, Judge: Thompson, Filed On: February 15, 2024, Case #: 2022-SC-0438-DG, Categories: Damages, Emotional Distress
J. Mathis finds the lower court properly granted the employer's motion for summary judgment because the delivery driver with Tourette syndrome could not perform essential functions of his job. Although he requested an accommodation, there were no delivery routes without face-to-face interactions, which is fatal to his failure to accommodate claim. Meanwhile, the driver's constructive discharge claim also failed because he was offered a warehouse position before he left the company and told his supervisors he "held nothing against" them when he took a position with a different company. Affirmed.
Court: 6th Circuit, Judge: Mathis, Filed On: February 15, 2024, Case #: 23-5397, Categories: Ada / Rehabilitation Act, Employment Discrimination
J. Kennedy finds that the lower court properly granted summary judgment to the appellee on the appellant's negligence claim stemming from an alleged automobile accident. The lower court did not err in dismissing the appellant's claim based on a "lack of due diligence in serving process." Affirmed.
Court: Texas Courts of Appeals, Judge: Kennedy, Filed On: February 15, 2024, Case #: 05-22-01363-CV, Categories: Civil Procedure, Tort
J. Singas finds that the appellate division improperly annulled a finding that a letter threatening legal action against a nonprofit constituted retaliation. An apartment complex owner sent the letter after the nonprofit sent an agent to pose as a prospective tenant, which led to the claim that the apartment complex attempted to steer her to a different building upon discovering she intended to bring her children to live with her. The matter should be remanded since the state division of human rights shifted the burden to the owner to prove the nonprofit acted in bad faith in alleging familial discrimination. Reversed.
Court: New York Court Of Appeals, Judge: Singas, Filed On: February 15, 2024, Case #: 02, Categories: Anti-slapp, Housing
J. Immergut declines to dismiss the executive assistant's complaint that the hospital wrongfully denied her a religious exemption for the Covid-19 vaccine and fired her one month after her request. The hospital argues about the particularities of the executive assistant's religious beliefs, which is not enough to dismiss the complaint, and the hospital does not show that it would have suffered undue hardship if it did accommodate her religious beliefs.
Court: USDC Oregon, Judge: Immergut, Filed On: February 15, 2024, Case #: 3:23cv216, NOS: Employment - Civil Rights, Categories: Employment, Covid-19, Employment Discrimination
J. Reynolds Fitzgerald finds that the unemployment insurance appeal board properly held that a hotel that contracted out its nightclub on weekends to party promoters constituted an employer liable for additional insurance contributions based on remuneration paid to a "bottle host" and other such employees who worked the parties. The hotel determined when the host worked, how much he was paid, and the commission he received on sales of bottled liquor. Affirmed.
Court: New York Appellate Divisions, Judge: Reynolds Fitzgerald, Filed On: February 15, 2024, Case #: CV-23-0345, Categories: Employment
J. Parker grants, in part, the city's motion for summary judgment, ruling the lessees of the basement condo units became aware of flood damage caused by the remodeling of an adjacent parking lot in July 2020 at the latest and that their takings claims did not require structural damage to the building to accrue. Therefore, their takings claims are barred by the two-year statute of limitations. Although flooding has continued on an intermittent basis since the remodeling, the continuing violation doctrine is inapplicable because all of the flooding was caused by a single, discrete event - the construction work at the parking lot - and so the statute of limitations clock was not tolled at any point.
Court: USDC Northern District of Ohio, Judge: Parker, Filed On: February 15, 2024, Case #: 1:22cv1007, NOS: Torts to Land - Real Property, Categories: Civil Procedure, Government, Property
J. Bourgeois grants a request by a health care facility that treated a personal injury litigant, quashing parts of a subpoena by an insurer for information regarding the facility’s methods for determining the amounts to charge different patients for the litigant’s type of procedure. The insurer’s discovery requests impose an undue burden on the treatment facility because they include no time periods for assessing patient records. The treatment facility also has legitimate concerns that disclosure of its billing methods could affect its ability to negotiate a higher payment for its services from the insurer.
Court: USDC Middle District of Louisiana, Judge: Bourgeois, Filed On: February 15, 2024, Case #: 3:23cv582, NOS: Motor Vehicle - Torts - Personal Injury, Categories: Health Care, Insurance, Vehicle
J. Tenney finds the district court properly dismissed this breach of contract, breach of the covenant of good faith and fair dealing, and unjust enrichment claims brought by an assignee. The business owner and his two sons argued the case was time-barred and that the statutes of limitation began running in 2009 after the business was dissolved. Because the assignee failed to file this suit until 2021, his claims are time-barred. Affirmed.
Court: Utah Court Of Appeals, Judge: Tenney, Filed On: February 15, 2024, Case #: 20210864-CA, Categories: Civil Procedure, Contract