219 results for 'filedAt:"2024-02-28"'.
J. Bokor finds the trial court partially erred in denying the wife's motion for contempt and establishing alimony payments in her and her husband's divorce proceedings. The trial court's "thorough and well-reasoned" order is affirmed in all but one respect, as part of its order holding that $2,000 in arrears be paid from the husband's 401(k) account relied on an order from a predecessor judge that was subsequently reversed. The case is remanded for the trial court to enter a new order. Affirmed in part.
Court: Florida Courts Of Appeal, Judge: Bokor, Filed On: February 28, 2024, Case #: 22-1418, Categories: Family Law
J. Lindsey finds the trial court improperly enjoined the disability services funding agency from terminating its Medicaid waiver agreement with the company providing home-based and community care for those with disabilities. The company has not shown a likelihood of success on the merits because it did not challenge the validity of the Florida statute that requires the termination-without-cause provision in the parties' agreement it claims was unconscionable, signed under duress and violates federal Medicaid regulations. The trial court's injunction is reversed and the case is remanded for further proceedings. Reversed.
Court: Florida Courts Of Appeal, Judge: Lindsey, Filed On: February 28, 2024, Case #: 22-1744, Categories: Medicaid, Agency
J. Aoyagi finds that the trial court properly dismissed complaints as time-barred. The court “correctly construed HB 4212 as extending the statutes of limitations through December 31, 2021, and consequently did not err in dismissing the complaints.” Affirmed.
Court: Oregon Court of Appeals, Judge: Aoyagi, Filed On: February 28, 2024, Case #: A179618, Categories: Negligence
J. Joyce finds the trial court properly granted defendant’s motion to suppress evidence found after an officer stopped him for failing to perform the duties of a driver and asked him a series of questions. “Questions related to theft or possession of items that ‘don’t belong’ are not closely tied to elements of the offense of failing to perform the duties of a driver.” Affirmed.
Court: Oregon Court of Appeals, Judge: Joyce, Filed On: February 28, 2024, Case #: A179398, Categories: Evidence, Search
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J. Easterbrook finds that the lower court properly convicted defendant of sex trafficking by force for compelling nine women to engage in prostitution and sentenced him to 30 years in prison. This sentence is correctly based on a straightforward reading of the law, and is not absurd even if it penalizes him more harshly than someone who trafficks a minor without force. Affirmed.
Court: 7th Circuit, Judge: Easterbrook, Filed On: February 28, 2024, Case #: 21-3372, Categories: Sentencing, Prostitution
J. Rossman finds that the lower court properly sentenced defendant on two counts of deprivation of rights for mistreating detainees while working as a correctional officer. He claims his sentence is unreasonable and that the lower court should have granted him a downward sentencing variance because of his community ties and lack of criminal record. While the lower court had the discretion to do so, it also had the discretion to decline the downward variance. Affirmed.
Court: 10th Circuit, Judge: Rossman, Filed On: February 28, 2024, Case #: 22-6203, Categories: Sentencing
[Consolidated.] J. Conrad denies a father dismissal of claims contending he illegally diverted funds from the family road construction business because evidence indicates the father failed to make payments after agreeing to pay back monies he took without board approval.
Court: North Carolina Business Court, Judge: Conrad, Filed On: February 28, 2024, Case #: 2024-NCBC-13, Categories: Contract
J. Kirsch rules for the department of commerce in claims contending the department failed to properly appoint members of its mid-Atlantic council in promulgating a rule that alters allocation of black sea bass, summer flounder, and scup between recreational and commercial sectors. Cases cited by commercial fishermen did not involve standing to sue the council or agency over the rule, and states have not written their own rules in a way that prevents federal cuts from harming them. Meanwhile, the policy language indicates the region in which each council can make recommendations, not the region over which each council has authority.
Court: USDC New Jersey, Judge: Kirsch , Filed On: February 28, 2024, Case #: 3:22cv7360, NOS: Administrative Procedure Act/Review or Appeal of Agency Decision - Other Suits, Categories: Administrative Law, Trade
Per curiam, the appellate division finds that the lower court properly found for the insurer, ruling that it is not obligated to provide supplementary uninsured/underinsured motorists coverage under an insurance policy. The insurer is not obligated to provide supplementary uninsured/underinsured motorists because the injured bus driver failed to obtain its prior consent to a settlement with the driver responsible for the accident. Affirmed.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: February 28, 2024, Case #: 00998, Categories: Insurance, Tort, Contract
J. Pepper denies without prejudice the insureds' motions to file materials under seal and to restrict documents in their proposed class action lawsuit alleging the insurance companies shorted them on claims for their totaled cars by improperly calculating the cars' actual cash value, in part because they have not shown good cause and did not follow all applicable federal rules. The insurance companies' motion to file documents with restricted access is similarly denied, and all the parties have until March 13, 2024, to show good cause to restrict their respective documents.
Court: USDC Eastern District of Wisconsin, Judge: Pepper, Filed On: February 28, 2024, Case #: 2:22cv364, NOS: Insurance - Contract, Categories: Insurance, Class Action
J. Watkins finds that the trial court properly convicted defendant of child molestation, enticing a child for indecent purposes and incest. Sufficient evidence was presented to support defendant's convictions. Defendant failed to show that he was prejudiced by his trial counsel's failure to move for a mistrial after being informed that an empaneled juror was told by a friend that defendant had a reputation for sexual misconduct. Defendant failed to present testimony from the juror to prove the veracity of the juror's statement and the effect the friend's statement had on the juror's opinion of defendant's guilt. Affirmed.
Court: Georgia Court of Appeals, Judge: Watkins, Filed On: February 28, 2024, Case #: A23A1621, Categories: Ineffective Assistance, Sex Offender, Child Victims
J. Somers finds for a company in this protest over the bidding process for a contract to provide support services to the department of veterans affairs because the department unfairly excluded the company from participating in the solicitation process.
Court: Court of Federal Claims, Judge: Somers, Filed On: February 28, 2024, Case #: 23-1805, Categories: Contract
Per curiam, the appellate division finds that the lower court properly denied the developer's motion to dismiss a lawsuit alleging it discriminated against a Black prospective tenant. The developer is required to provide 20% affordable housing at its residential apartment building located in Queens after receiving financing through the state's 80/20 program, but refused the Black tenant a three-bedroom apartment, instead renting the unit to a white Jewish family. The developer failed to prove that its proffered explanation for its decision was not pretext for intentional discrimination. Affirmed.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: February 28, 2024, Case #: 01017, Categories: Civil Rights, Property
J. Hurd grants partial summary judgment to a group of Onondaga County sheriffs on a retired sergeant’s First Amendment retaliation claims, finding his allegations that he suffered retaliation after he reported several incidences of misconduct during his tenure, including allegations that a doctor at the Onondaga County Justice Center altered the records of an inmate who committed suicide, are wholly speculative.
Court: USDC Northern District of New York, Judge: Hurd, Filed On: February 28, 2024, Case #: 5:18cv1218, NOS: Other Civil Rights - Civil Rights, Categories: Employment Retaliation, First Amendment
J. Shorr finds the trial court erred in finding that a father’s mental health problems interfere with his ability to safely parent his child. “The evidence was insufficient to support that basis.” Reversed.
Court: Oregon Court of Appeals, Judge: Shorr, Filed On: February 28, 2024, Case #: A181579, Categories: Family Law
J. Lipman mostly denies the cheerleading defendants' motion to exclude certain expert testimony in this antitrust class action involving the cheerleading industry, specifically regarding the prices paid to participate in "competitive cheerleading competitions and camps." The economic expert's opinions are mostly admissible, as the defendants have not shown that her methodology for defining relevant markets is unreliable. The motion is granted, however, as to "her opinions regarding Varsity's motives."
Court: USDC Western District of Tennessee , Judge: Lipman, Filed On: February 28, 2024, Case #: 2:20cv2892, NOS: Antitrust - Other Suits, Categories: Antitrust, Experts, Class Action
J. Wood finds that the lower court improperly found for the employer in a suit accusing the hospital of violating an employee's rights under the Family and Medical Leave Act. The employer granted the employee an approved absence for 20% of full-time work, but insisted she still complete 100% of the workload, and fired her when she did not meet those expectations. A reasonable jury could find that the Act requires the employer to adjust its performance expectations to reflect the employee's reduced hours while she was on FMLA leave. Vacated.
Court: 7th Circuit, Judge: Wood, Filed On: February 28, 2024, Case #: 23-1541, Categories: Civil Rights, Health Care, Employment Retaliation
J. Wright grants an airline's motion to stay a wage and hour class action pending resolution of an earlier-filed employment class action in USDC Southern District of California of similarly situated employees. There is substantial similarity between the issues and parties of the first action filed, therefore the first-to-file rule applies. A venue transfer would be inappropriate. Continuing the discovery process solely for the retaliation claims "would require duplicative discovery and pose the risk of conflicting judgments."
Court: USDC Central District of California, Judge: Wright, Filed On: February 28, 2024, Case #: 2:23cv8742, NOS: Employment - Civil Rights, Categories: Employment, Class Action
J. Devaney finds that the circuit court erred in sentencing defendant after he pleaded guilty to possession of a controlled substance. While the lower court considered many factors and found them to be aggravating when it imposed a 5-year prison sentence, it also specifically found that defendant does not pose a significant risk to the public. Under that framework, the circuit court should have entered a sentence of probation. Vacated.
Court: South Dakota Supreme Court, Judge: Devaney , Filed On: February 28, 2024, Case #: 2024SD13, Categories: Drug Offender, Probation, Sentencing
J. Molberg finds in this accelerated interlocutory appeal that the lower court improperly denied the appellant's motion for stay and to compel arbitration in this lawsuit arising from an alleged employment agreement. Accordingly, the matter is remanded for the lower court to compel arbitration. Reversed.
Court: Texas Courts of Appeals, Judge: Molberg, Filed On: February 28, 2024, Case #: 05-22-00923-CV, Categories: Arbitration, Civil Procedure
J. Edmon finds that the trial court erroneously upheld the revocation of a psychologist's license by the Board of Psychology. His evaluation of two children without their father's consent and without consulting their therapist did not violate ethical standards. The children's mother provided adequate consent and their reported suicidal and homicidal ideations constituted an emergency, even if a subsequent evaluation showed they were not at risk of imminent harm. And psychologists have discretion about whether consultation with other professionals is indicated and appropriate. Reversed.
Court: California Courts Of Appeal, Judge: Edmon, Filed On: February 28, 2024, Case #: B322991, Categories: Health Care, Licensing, Negligence