202 results for 'filedAt:"2024-03-06"'.
J. Horan grants grants default judgment to a cook on his claim he was not paid for 20 weeks and worked approximately 78 hours per week. The employer's answer was struck as sanction for failing to appear, and, based on the record, the cook is owed $32,000, which includes his minimum pay, overtime and liquidated damages.
Court: USDC Northern District of Texas , Judge: Horan, Filed On: March 6, 2024, Case #: 3:11cv2968, NOS: Fair Labor Standards Act - Labor, Categories: Damages, Labor
Per curiam, the Supreme Court of Ohio finds the inmate's petition for a writ of mandamus was mooted when the correctional facility provided copies of the documents he requested, but that he is entitled to statutory damages of $1,000 for the 11-day delay following his initial request.
Court: Ohio Supreme Court, Judge: Per curiam, Filed On: March 6, 2024, Case #: 2024-Ohio-770, Categories: Public Record, Damages
J. Brown finds the trial court improperly sentenced defendant for felony domestic battery. The victim, defendant's girlfriend, testified that he, in a drunken rage, assaulted her after she told him that she was not "in the mood." She also testified to other instances of abuse, including defendant's punching her in front of her daughter. Photos taken by police showed the victim had been choked and that her arms were scratched. Though ample evidence supports the conviction, defendant had not yet been tried and convicted for a previous incident, which was improperly used as a sentencing enhancement. Reversed.
Court: Arkansas Court Of Appeals, Judge: Brown , Filed On: March 6, 2024, Case #: CR-23-184, Categories: Evidence, Sentencing, Battery
J. Robinson finds the appeals court erroneously dismissed the husband's appeal of the trial court's decision for lack of jurisdiction. A trial court's denial of summary judgment on a claim of collateral estoppel is immediately appealable under Connecticut procedural law. Additionally, because the trial court reviews the daughter's tortious interference claim regarding her mother's will de novo through a trial, the preclusive effect of the probate court's decision regarding the claim is suspended, and the case must be remanded to that court for trial. Reversed.
Court: Connecticut Supreme Court, Judge: Robinson, Filed On: March 6, 2024, Case #: SC20722, Categories: Civil Procedure, Family Law, Wills / Probate
J. Barrett finds the trial court properly entered summary judgment in favor of the mining company. A partner in the crystal mine brought this lawsuit seeking damages for an alleged breach of a nondisparaging agreement in a previous settlement providing for liquidated damages of $250,000 if the settlement was breached. The record shows no evidence the partner made reasonable efforts to secure another partner's deposition, and a resulting affidavit testifying to certain statements regarding alleged thievery, in breach of the nondisparaging agreement, is hearsay. The residual-hearsay exception is not applicable being that no compelling reason for attaching more than average credibility to the hearsay has been shown. Affirmed.
Court: Arkansas Court Of Appeals, Judge: Barrett , Filed On: March 6, 2024, Case #: CV-23-211, Categories: Evidence, Damages, Contract
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J. Hixson finds the circuit court properly entered certain child support and visitation orders in favor of the ex-husband. After a divorce, the wife remarried and changed states of residence multiple times pursuant to her new husband's transfers with the Navy. The ex-husband's orders for support and visitation were amended with each move. The mother's request to change venue was properly denied because the Arkansas court has exclusive, continuing jurisdiction over the child custody determination. The record does not reflect that the mother's filing the motion in Rhode Island violated any order by the Arkansas court, and the contempt finding against is her reversed. Affirmed in part.
Court: Arkansas Court Of Appeals, Judge: Hixson , Filed On: March 6, 2024, Case #: CV-22-432, Categories: Family Law, Jurisdiction, Guardianship
J. Klappenbach finds the trial court properly convicted defendant for aggravated robbery and battery. The victim and an associate testified defendant shot the victim in the hand after demanding money when they responded to his Facebook Marketplace ad offering a Corvette for sale. Though a previous victim did not identify defendant, an online account mentioned by him was associated with defendant and was properly admitted as evidence of prior bad acts. Affirmed.
Court: Arkansas Court Of Appeals, Judge: Klappenbach , Filed On: March 6, 2024, Case #: CR-23-402, Categories: Evidence, Robbery, Battery
J. Devaney finds that the circuit court improperly denied defendant's motion to withdraw without allowing her or her attorney an opportunity to establish good cause for the request. The matter stems from one count of unauthorized ingestion of a schedule I or II controlled substance. Reversed.
Court: South Dakota Supreme Court, Judge: Devaney , Filed On: March 6, 2024, Case #: 2024SD14, Categories: Drug Offender
J. Brown adopts the magistrate judge's recommendation and partially rules in favor of the employer in a disability discrimination action. The employee, who has some hearing loss, alleged that he was retaliated against and unfairly fired after requesting accommodations. The employee abandoned his hostile work environment, retaliation and age discrimination claims. However, the employee presented sufficient evidence to create an issue of fact as to whether the employer failed to provide a reasonable accommodation. An issue of fact also exists as to whether the employer would still have fired the employee if not for his hearing loss and need for an accommodation.
Court: USDC Northern District of Georgia, Judge: Brown, Filed On: March 6, 2024, Case #: 1:21cv5246, NOS: Employment - Civil Rights, Categories: Ada / Rehabilitation Act, Employment Discrimination
J. Stafford finds the lower court properly found in favor of a store in a premises liability matter. A customer fell as she entered the store, breaking her hip. It was raining and store personnel placed a mat and wet floor sign at the store entrance. Video surveillance footage showed the customer shuffle across the mat and fall. The customer's original complaint alleged she slipped on the wet floor, but the store argued that she tripped over her own feet as she shuffled across the mat; the customer amended her complaint to claim the wet mat caused the fall. The lower court found the customer presented no evidence that the mat caused the fall and that her original claim was unsupported as video evidence showed she fell while on the mat, never having an opportunity to slip on the floor. On appeal, the customer argues the lower court erred in its decision because it did not view the full video surveillance video, but the lower court informed the parties it was unable to due to technical difficulty, and the customer failed to object, thereby waiving her argument. Affirmed.
Court: Tennessee Court of Appeals, Judge: Stafford, Filed On: March 6, 2024, Case #: E2023-00702-COA-R3-CV, Categories: Evidence, Negligence, Premises Liability
J. Burnett finds a lower court improperly dismissed a native of Romania's challenge of an extradition order. The government argued that he is extraditable for a charge of burglary, and that he failed to show up to court. However, the Romanian citizen sufficiently showed in court that he was not deliberately absent, and that he is entitled to a retrial. Reversed.
Court: Supreme Court of the United Kingdom, Judge: Burnett, Filed On: March 6, 2024, Case #: 24UKSC10, Categories: Civil Rights, Immigration
J. Pryor finds that the district court properly denied defendant's motion to dismiss the 73-count indictment charging him with unlawful drug dispensing and refusing an inspection of his pharmacy. Defendant, who filled fraudulent opioid prescriptions, was convicted of all but two counts and sentenced to 188 months in prison. The superseding indictment alleged sufficient facts to put defendant on notice of the charges against him. The district court correctly imposed a $200,000 fine and did not commit any error by admitting evidence that defendant's pharmacy came up in other investigations or in excluding an officer's testimony. Affirmed.
Court: 11th Circuit, Judge: Pryor, Filed On: March 6, 2024, Case #: 22-12044, Categories: Drug Offender
J. Stiles finds that the trial court properly ruled in favor of the residential facility owner in a mother's suit over the shooting death of her minor son by gang members 40 days after he voluntarily left the facility. The mother did not show the facility owner had a duty to "physically restrain" the minor from leaving the facility or to protect him from the risk he encountered upon his departure. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Stiles, Filed On: March 6, 2024, Case #: CA-23-664, Categories: Negligence, Wrongful Death
J. Bennett finds the lower court properly granted summary judgment to a company that operated a prison and denied a request for sanctions in this premises liability matter. A woman sued the prison operator after she was allegedly injured after a chair in which she was sitting while visiting her son collapsed beneath her. The lower court found the visitor failed to present evidence to show that the chair was defective, that there was a dangerous condition, or that the prison operator had knowledge or notice of the alleged dangerous condition. While the visitor requested sanctions against the prison operator for failing to preserve evidence, the lower court declined the request finding there was no indication after the incident that evidence would need to be preserved as the visitor indicated she was fine and declined all offers of assistance by prison personnel. The instant court finds no error in the lower court’s findings. Affirmed.
Court: Tennessee Court of Appeals, Judge: Bennett, Filed On: March 6, 2024, Case #: M2023-00424-COA-R3-CV, Categories: Sanctions, Negligence, Premises Liability
J. Smith finds the lower court properly granted legal custody of the mother's children to their maternal grandfather. Although the mother cares deeply about the children, she refuses to correct a drug addiction problem and could not provide a safe home environment, while the grandfather has ensured the children attend school regularly and obtain necessary medical treatment. Affirmed.
Court: Ohio Court Of Appeals, Judge: Smith, Filed On: March 6, 2024, Case #: 2024-Ohio-878, Categories: Evidence, Family Law
J. Buller finds that a professor was properly disciplined for plagiarism in her academic work since she had faced prior discipline for plagiarism and had failed to include attribution in her work, while blaming editors rather than taking responsibility for the error. Affirmed.
Court: Iowa Court Of Appeals, Judge: Buller, Filed On: March 6, 2024, Case #: 23-0426, Categories: Education, Employment
J. McKeig reverses the Court of Appeals' finding that the Bureau of Mediation Services had appropriately weighed the statutory factors of the Public Employment Labor Relations Act, that it was authorized to consider over-fragmentation of bargaining units and that it had not departed from normal procedure in analyzing the police union's petition to determine an appropriate bargaining unit. The Bureau improperly gave controlling weight to its policy preference to certify only four basic county bargaining units, which is not found in PELRA. Reversed.
Court: Minnesota Supreme Court, Judge: McKeig, Filed On: March 6, 2024, Case #: A22-0911, Categories: Administrative Law, Labor / Unions
J. Anderson reverses the Court of Appeals' order reversing the district court's findings that the defendant's arrest warrant had been quashed prior to her arrest and that a search of her person during the arrest was unconstitutional. The good-faith exception to the Minnesota Constitution's exclusionary rule does not apply to evidence obtained during a search on a quashed warrant in this case, since the arrest and search were closely connected to government error and the exclusion of evidence would serve the remedial purpose of the rule, particularly by deterring government misconduct generally.
Court: Minnesota Supreme Court, Judge: Anderson, Filed On: March 6, 2024, Case #: A22-1314, Categories: Drug Offender, Evidence