194 results for 'filedAt:"2024-03-15"'.
J. White finds the trial court improperly sentenced a man to a life sentence for first-degree sexual battery, burglary with assault or battery, false imprisonment and robbery possessing a deadly weapon. He was properly classified as habitual felony offender which the maximum sentence on the sexual battery and robbery should have been a maximum of 30 years each. Therefore, the trial court shall resentence him as a habitual felony offender, change both the sexual battery and robbery to second-degree offenses and the false imprisonment to a third-degree offense. Affirmed in part. Reversed in part.
Court: Florida Courts Of Appeal, Judge: White, Filed On: March 15, 2024, Case #: 6D23-394, Categories: Robbery, Sentencing, Sex Offender
J. Brimmer denies a company's motion to exclude expert testimony in a dispute over a sales contract because the expert's scope of knowledge included hiring, training, development, and managing sales associates.
Court: USDC Colorado, Judge: Brimmer, Filed On: March 15, 2024, Case #: 1:22cv763, NOS: Other Contract - Contract, Categories: Employment, Experts, Contract
J. Boatwright finds the trial court improperly granted summary judgment to the homeowner in the lawn services company employee's slip-and-fall lawsuit claiming he stepped on dark-colored algae on the homeowner's deck and fell while at the home to apply herbicide and fertilizer. There are genuine disputes of fact over whether the homeowner properly maintained his deck and warned others of its condition, as well as whether the employee was technically injured while performing his contracted work, so summary judgment was inappropriate and the case is remanded for further proceedings. Reversed.
Court: Florida Courts Of Appeal, Judge: Boatwright, Filed On: March 15, 2024, Case #: 23-0324, Categories: Premises Liability
J. Harris finds the trial court improperly denied defendant's motion to dismiss the information filed in her case charging her with a third-degree felony for passing a forged check. The detainer filed against defendant while she was incarcerated for an unrelated matter does not constitute proper process service under Florida law, as defendant correctly argues. Her appeal is treated as a petition for a writ of prohibition, the petition is granted, the order denying her motion is quashed and the case is remanded for further proceedings.
Court: Florida Courts Of Appeal, Judge: Harris, Filed On: March 15, 2024, Case #: 23-0697, Categories: Criminal Procedure, Forgery
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Per curiam, the U.S. Supreme Court finds that the circuit court improperly ruled in claims challenging elected officials' right to censor user comments made on their social media pages because the court must consider each censored post to determine whether they had been made in an official or personal capacity.
Court: US Supreme Court, Judge: Per curiam, Filed On: March 15, 2024, Case #: 22-324, Categories: Government
J. Boatwright finds the trial court improperly dismissed the property owner's civil complaint alleging assault, battery and other charges against his ex-girlfriend connected to an incident in which her cousin attacked the owner after they broke into a condo in Belize the ex-girlfriend and the owner had previously shared during their relationship. Despite the fact that the owner initially filed his complaint in Belize, he subsequently filed it in Brevard County, Florida, and in part because both he and the ex-girlfriend have acknowledged that Florida is a more convenient venue for litigation than Belize, the trial court was wrong to dismiss the complaint based on a finding of inconvenient forum without weighing all the factors and evidence involved. The case is remanded for further proceedings. Reversed.
Court: Florida Courts Of Appeal, Judge: Boatwright, Filed On: March 15, 2024, Case #: 23-2000, Categories: Venue, Assault
J. Wolford dismisses a complaint alleging that CVS's hand sanitizer falsely claims to kill 99.99% of germs. It would not be reasonable for a consumer to expect the hand sanitizer to kill disease-causing germs not frequently found on hands. Furthermore, the back label of the product "makes clear that the product kills 'more than 99.99% of many common germs that cause illness,'" not all disease-causing germs.
Court: USDC Western District of New York, Judge: Wolford , Filed On: March 15, 2024, Case #: 6:22cv6227, NOS: Other Fraud - Torts - Personal Property, Categories: Fraud, Consumer Law, False Advertising
[Consolidated.] Per curiam, the court of appeals denies the petitions for mandamus to compel the Conroe city secretary to reject certain applications to appear on the city's general election ballot. Petitioners say the applications are deficient in terms of signatures and certifications, but they have not made factual determinations and have not shown entitlement to relief.
Court: Texas Courts of Appeals, Judge: Per curiam, Filed On: March 15, 2024, Case #: 09-24-00091-CV, Categories: Administrative Law, Elections, Municipal Law
J. Dietz denies both parties' motions for summary judgment in this breach of contract dispute against the government related to a contract to provide instructor services to the Army. There are genuine issues in dispute as to whether the Army breached the contract and acted in bad faith.
Court: Court of Federal Claims, Judge: Dietz, Filed On: March 15, 2024, Case #: 19-1390, Categories: Government, Contract
J. Perez finds that the U.S. Maritime Administration properly held that a foreign company's expansion of its European river cruises to the U.S. market on the Mississippi did not violate federal maritime law. Although foreign firms are generally barred from transporting passengers and goods between U.S. ports, the company arranged for U.S. construction and operation of the cruise ship, providing only the entertainment, and approval of the arrangement as a permissible time charter was "reasonable." Affirmed.
Court: 2nd Circuit, Judge: Perez, Filed On: March 15, 2024, Case #: 22-1029, Categories: Maritime, Unfair Competition
J. McFadden finds that the trial court improperly granted the nephew's motion for partial summary judgment on the aunt's action seeking specific performance of an oral promise given to her by her deceased mother guaranteeing a life estate on family property recently conveyed to the nephew. The trial court incorrectly found that there was no evidence the aunt entered into possession pursuant to the gift of a life estate. The aunt testified that she only returned to the property after her mother promised her the right to live at the property for the rest of her life. Reversed.
Court: Georgia Court of Appeals, Judge: McFadden, Filed On: March 15, 2024, Case #: A23A1302, Categories: Property
J. Luckert finds a lower court properly denied a defendant's motion to test biological materials found on a cigarette butt and a bullet. The defendant, who shot and killed a marijuana dealer and was convicted of felony first- degree murder and conspiracy to possess with intent to sell hallucinogenic drugs, argued that he was entitled to a new trial after DNA testing failed to conclusively pinpoint him as the culprit. However, the government sufficiently showed in court that DNA test results would not have afforded him relief based on strong evidence that he committed the offenses. Affirmed.
Court: Kansas Supreme Court, Judge: Luckert, Filed On: March 15, 2024, Case #: 125632, Categories: Dna, Drug Offender, Murder
J. Navarro grants the rolling paper manufacturer's motions for default judgment and permanent injunction on its allegations a competitor misappropriated its packaging design and slogans. The competitor has not filed a response to the allegations, all factors have been considered and default judgment is appropriate. Furthermore, the manufacturer has suffered and will continue to suffer irreparable injury without a permanent injunction.
Court: USDC Nevada, Judge: Navarro , Filed On: March 15, 2024, Case #: 2:22cv1648, NOS: Trademark - Property Rights, Categories: Trademark, Injunction
J. Buchanan finds that the trial court properly denied a car manufacturer's motion to compel arbitration of a car buyer's lemon law claim. The manufacturer was not a party to the sales contract between the dealer and buyer containing the arbitration clause, so it cannot compel arbitration on the basis of collateral estoppel. And the dealership's provision of the manufacturer's warranty as part of the sale did not automatically incorporate the warranty into the sales contract between the dealer and buyer. Affirmed.
Court: California Courts Of Appeal, Judge: Buchanan, Filed On: March 15, 2024, Case #: D083006, Categories: Arbitration, Consumer Law, Warranty
Per curiam, the Kansas Supreme Court suspends Jason P. Wiske from the practice of law in Kansas for 90 days for failing to meet filing deadlines on behalf of a client who lost parental rights of his children. The attorney cannot reasonably assert he assumed that filing deadlines in 2021 were suspended by the Covid-19 pandemic.
Court: Kansas Supreme Court, Judge: Per curiam, Filed On: March 15, 2024, Case #: 127056, Categories: Family Law, Covid-19, Attorney Discipline
J. Byron denies UPS's motion to dismiss the package car driver's complaint that he was wrongfully fired after he filed grievances alleging discrimination. Although UPS claims the driver was fired for not complying with a recommended treatment plain for his mental health, the driver claims that UPS failed to instruct him on how he was noncompliant and provided him with inaccurate information. A reasonable jury could find that UPS's failure to provide the driver with accurate information led to his noncompliance.
Court: USDC Middle District of Florida, Judge: Byron, Filed On: March 15, 2024, Case #: 6:22cv622, NOS: Employment - Civil Rights, Categories: Employment, Employment Retaliation
J. Willett finds the district court properly convicted and sentenced defendant, by guilty plea, for being a felon in possession of a firearm based on sufficient evidence. Though the court failed to inform defendant of the punishment range, the presentence report specifically detailed it. The court properly applied career criminal sentencing enhancements for defendant's previous, violent felony convictions. Affirmed.
Court: 5th Circuit, Judge: Willett , Filed On: March 15, 2024, Case #: 23-50040, Categories: Firearms, Sentencing
J. Stivers grants the employer's motion for summary judgment on a former employee's discrimination action. The worker, who identifies as American Indian, failed to receive workers compensation, was passed over for a promotion and later discovered that he was the lowest paid person on his team despite having a college degree. Allegations, including having been required to work 12-hour shifts, do not fit factors established by the Sixth Circuit, and the former employee fails to establish a case for discrimination. He has failed to show the employer instituted conditions to make him quit.
Court: USDC Western District of Kentucky, Judge: Stivers , Filed On: March 15, 2024, Case #: 5:22cv33, NOS: Other Civil Rights - Civil Rights, Categories: Native Americans, Employment Discrimination
J. Willett withdraws the previous opinion and substitutes this one, finding the district court improperly awarded the debilitated former NFL running back top tier NFL plan disability benefits. Although the plan’s review board may have denied the retired player a full review, and he is most likely entitled to the highest level of disability pay, he is not entitled to reclassification. He has not shown changed circumstances between a previous application and his claim for reclassification, which was denied and which he did not appeal. Reversed.
Court: 5th Circuit, Judge: Willett , Filed On: March 15, 2024, Case #: 22-10710, Categories: Erisa, Insurance
J. Wooton reverses the lower court's Dec. 1 order granting the public library's and parks and recreation district's writ of mandamus compelling the Board to disburse funds withheld from fiscal years 2024 and 2025 from a 2018 excess levy. Since all other county boards of education can seek approval of excess levies without restrictions, the court finds the obligations to fund the library and district in the 1967 and 2011 legislative special acts violates the equal protection clause of the West Virginia Constitution. Reversed.
Court: West Virginia Supreme Court Of Appeals, Judge: Wooton , Filed On: March 15, 2024, Case #: 23-691, Categories: Education, Government, Tax
J. McNeill finds that defendant was properly convicted of assault and violating a protective order for strangling his girlfriend. Evidence of prior domestic violence between the parties was relevant since it showed that defendant violated the prior no-contact order, and it did not influence the outcome of defendant's assault conviction. Affirmed.
Court: Kentucky Court Of Appeals, Judge: McNeill, Filed On: March 15, 2024, Case #: 2022-CA-1363-MR, Categories: Assault, Domestic Violence
J. Rodriguez partially excludes expert testimony in a case stemming from an incident in which the officer shot a man while he was standing in his window with a rifle in his hand upon investigating an assault that occurred earlier that day. The witness was a former police officer and use-of-force expert but can't opine on facts that were still disputed in the case, such as the credibility of the officer or of the man's girlfriend.
Court: USDC Colorado, Judge: Rodriguez, Filed On: March 15, 2024, Case #: 1:21cv2715, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Experts, Police Misconduct
J. Fallon grants summary judgment to a New Orleans area river transportation company on its argument any liability it may incur for damage to steel coils shipped from Korea is limited to no more than $500 per coil, pursuant to provisions of a barge transportation agreement with an intermediary hired to transport the cargo from New Orleans to Illinois and Ohio. Because both barge transportation companies expressly agreed to the terms, the New Orleans-based business may enforce the limitation provision.
Court: USDC Eastern District of Louisiana , Judge: Fallon, Filed On: March 15, 2024, Case #: 2:23cv27, NOS: Marine - Contract, Categories: Evidence, Maritime, Contract