4,647 results for 'casenum:"22"'.
J. Funke finds the court of appeals properly confirmed the county court's award of $100,000 and a camper to the decedent's wife. The couple executed a premarital agreement by which they retained rights to separate property while deeming that acquired during the marriage jointly owned, with full rights of survivorship. Though the copersonal representatives of the estate say the cash and the camper were the decedent's personal property, sufficient evidence shows that the camper was acquired during the marriage. The agreement also designated the cash to go to the survivor. The reps don't dispute that they never paid the $100,000, despite acknowledging that the agreement remained in full force at the decedent's death. This constitutes a contract breach. Because the wife's suit was for breach of contract, it was not barred for being untimely filed. Affirmed.
Court: Nebraska Supreme Court, Judge: Funke , Filed On: May 17, 2024, Case #: S-22-024, Categories: Family Law, Wills / Probate, Contract
J. Korman amends a previous opinion and denies a petition for panel rehearing. In the amended opinion, the panel affirmed a district court summary judgment in favor of the City of Stockton, California in an employment discrimination action under Title VII and California’s Fair Employment and Housing Act. The employee alleged that he was terminated from his position as fire chief for the City of Stockton based upon his religion and, specifically, his attendance at a religious leadership event. The former fire chief did not present sufficient direct evidence of "discriminatory animus" concerning his termination. Affirmed.
Court: 9th Circuit, Judge: Korman , Filed On: May 17, 2024, Case #: 22-15485, Categories: Employment, Employment Discrimination
J. Pratt finds the administrative law judge properly ruled in favor of the gaming commission in the gaming license holders' challenge to a rule that bars card room license holders from gambling where they work. The commission's authority under Florida statutes encompasses the regulation of card room operations, including the rule the license holders dispute, so their challenge fails. Affirmed.
Court: Florida Courts Of Appeal, Judge: Pratt, Filed On: May 17, 2024, Case #: 22-1477, Categories: Administrative Law, Agency
J. Diaz finds the lower court properly granted judgment to the homeowner. The owner and the county have been embroiled in litigation over whether her large vacation home, boasting 24 bedrooms, 25 bathrooms, and a pool, complies with county and state zoning requirements. A recent amendment to North Carolina’s state zoning law meant the home now complies with county and state requirements. Affirmed.
Court: 4th Circuit, Judge: Diaz, Filed On: May 17, 2024, Case #: 22-1785, Categories: Property, Zoning, Housing
Want access to unlimited case records and advanced research tools? Create your free CasePortal account now. No credit card required to register.
Try CasePortal for Free
J. Freudenberg finds the county court properly convicted defendant for DUI. Officers received a call regarding a vehicle that was "all over the road," stopping defendant driving a truck fitting the caller's description. Officers also observed the driver making a too-wide turn, driving the wrong way, and driving on a median. Upon the stop, defendant was seen to have bloodshot, watery eyes, slurred speech, emanating a strong odor of alcohol. A breath test confirmed defendant's alcohol level as being over the limit. Though the stop occurred outside the city limits, a lack of territorial authority under state law does not implicate constitutional questions regarding search and seizure. Affirmed.
Court: Nebraska Supreme Court, Judge: Freudenberg , Filed On: May 17, 2024, Case #: S-22-885, Categories: Constitution, Search, Dui
J. Countiss finds that the trial court improperly entered a $222 million judgment favor of the widow of a worker killed in a steam accident at a coal-fired power plant in Kansas. The jury's damages award was excessive and the result of improper arguments the widow's attorney made encouraging the jury to punish the industrial services provider, which had serviced the plant's relief valves. Furthermore, the trial court improperly applied Texas law, instead of Kansas law, when finding that the provider was 100% responsible for the damages. Also, the case belongs in Kansas, so the jury award is vacated and the case dismissed for forum non conveniens. Vacated.
Court: Texas Court of Criminal Appeals, Judge: Countiss, Filed On: May 16, 2024, Case #: 01-22-00313-CV, Categories: Damages, Wrongful Death, Venue
[Consolidated.] J. Sullivan finds that the district court properly sentenced two defendants based on their guilty pleas to trafficking fentanyl but improperly enhanced one defendant's sentence for his leadership role absent evidence of such. Rather, the record indicated defendant operated as an independent middleman who made bulk sales to several customers, and who lacked control over other the other defendant's "parallel" operation. Meanwhile, the second defendant's contention that his family home could not constitute a stash house was not supported by a statutory basis.
Court: 2nd Circuit, Judge: Sullivan, Filed On: May 16, 2024, Case #: 22-1804(L), Categories: Drug Offender, Sentencing
J. Fisher finds the District Court erred by dismissing retirement beneficiaries' complaint with prejudice. The court “parsed the allegations, found some of them not well-pled, and dismissed.” Reversed.
Court: 3rd Circuit, Judge: Fisher, Filed On: May 16, 2024, Case #: 22-2552, Categories: Fiduciary Duty
J. Diaz finds the lower court properly denied the defendant's motion to suppress evidence, failed to give his proposed jury instruction, and admitted certain testimony. The defendant robbed a coin store owner at gunpoint, handcuffed the owner, and duct-taped his wrists and ankles together. A notebook found at the scene contained the defendant's fingerprints. Police searched his vehicle and apartment and found the coin store owner's firearm along with several pieces of currency matching what was taken from the store. The defendant moved to suppress the evidence seized during the search on the ground that the search warrant affidavit failed to establish probable cause, but his fingerprints were probative to suspect him as the robber. Affirmed.
Court: 4th Circuit, Judge: Diaz, Filed On: May 16, 2024, Case #: 22-4726, Categories: Evidence, Firearms, Robbery
J. Wynn finds the lower court properly granted summary judgment to the correctional facility. An inmate sought to enjoin prison officials from deducting a sum of money from his prison trust account as restitution for an assault he committed on a fellow inmate in 2015 and to compel the return of money already taken. He claims that the nearly six-year interim between the guilt-finding phase of his disciplinary hearing and his reconvened restitution hearing violates principles of due process. No additional evidence could have aided his ability to contest the amount of his ordered restitution, even if the restitution portion of the hearing had been promptly reconvened. Affirmed.
Court: 4th Circuit, Judge: Wynn, Filed On: May 16, 2024, Case #: 22-6029, Categories: Due Process, Prisoners' Rights
J. Poissant finds that the trial court improperly granted the hospital's motion to dismiss the health-care liability claim relating to alleged negligent care provided to a patient after gastrointestinal surgery. The patient's amended expert report sufficiently addressed the causation element as to the alleged injuries. Reversed.
Court: Texas Courts of Appeals, Judge: Poissant, Filed On: May 16, 2024, Case #: 14-22-00873-CV, Categories: Health Care, Experts
J. Horton finds the county court improperly denied the earth mover's attorney's motion to reinstate/for new trial. The earth mover's case was dismissed, and the client/property owner received $19,891 on its contract breach counterclaim after the earth mover's attorney failed to appear. The attorney, who was involved in another proceeding due to a scheduling conflict, requested that his clerk go to the other courtroom to let them know that he would be there. The clerk instead checked the court’s webpage “for an update,” which resulted in the attorney’s unintentional failure to appear. This reasonably explains that the attorney's absence was not due to conscious indifference. Reversed.
Court: Texas Courts of Appeals, Judge: Horton , Filed On: May 16, 2024, Case #: 09-22-00323-CV, Categories: Administrative Law, Due Process, Contract
J. Hiland finds the circuit court improperly held that certain election process acts enacted by the general assembly are unconstitutional. The acts involve signature verification, hand delivery of absentee ballots, ID requirements, and penalties for unfairly influencing voters. The court did not fully address that the First Amendment allows time, place, and manner restrictions for content neutral restrictions, tailored to serve a significant government interest and leaving ample alternative channels open. There is no clear incompatibility between the acts and the constitution. Reversed and dismissed.
Court: Arkansas Supreme Court, Judge: Hiland , Filed On: May 16, 2024, Case #: CV-22-190, Categories: Civil Rights, Constitution, Elections
Per curiam, the appeals court finds the trial court made no error in denying defendant's post-conviction motion alleging ineffective assistance of counsel at his trial on charges including attempted murder. In part because defendant's attorney's "mistaken prediction" about defendant's success at beating the charges against him, among other professional advice, was reasonable given the circumstances, and because defendant himself rejected to plea offers that would have given him a chance at less than a life sentence, his claims fail. Affirmed.
Court: Florida Courts Of Appeal, Judge: Per curiam, Filed On: May 15, 2024, Case #: 22-1140, Categories: Ineffective Assistance, Murder
J. Emas finds the trial court improperly dismissed a public urination charge against defendant. The city's due process rights were violated when the trial court exceeded its authority and summarily dismissed the city's case against defendant without notice or an opportunity to be heard after a municipal prosecutor did not show up to defendant's first court appearance. The case is remanded for further proceedings. Reversed.
Court: Florida Courts Of Appeal, Judge: Emas, Filed On: May 15, 2024, Case #: 22-1875, Categories: Due Process, Public Indecency
J. Johnson finds the trial court properly convicted defendant for murder based on sufficient evidence. Officers discovered the victim's body, shot in the face with a shotgun, inside the trailer after a 911 report. Defendant claimed the victim had broken into his residence, though officers saw that she was wearing socks and slippers with no dirt on them. Although defendant said he did not know the victim, it was later discovered he had recently met her on a dating website. Furthermore, testimony from defendant's ex-wife and work associate involving threats he had made about shooting them while pointing a gun at them was properly admitted. Affirmed.
Court: Texas Courts of Appeals, Judge: Johnson , Filed On: May 15, 2024, Case #: 09-22-00385-CR, Categories: Evidence, Ineffective Assistance, Murder
J. Fernandez finds the trial court erred in granting summary judgment to the clerk of court, tax collector and property purchaser in a lawsuit over the sale of the property owner's Miami condo at a tax deed sale. The owner's due process rights were violated by not being given notice of the tax deed sale where the purchaser bought the Miami condo, where the owner had not lived for years while mostly residing and receiving medical treatment at an apartment in New York City. The case is remanded for the trial court to grant summary judgment to the owner and cancel the tax deed sale. Reversed.
Court: Florida Courts Of Appeal, Judge: Fernandez, Filed On: May 15, 2024, Case #: 22-1033, Categories: Property, Tax, Due Process
J. Golemon finds the trial court properly convicted defendant for DUI. The prosecutor showed the jury a puzzle with pieces missing, and after adding the pieces to show the full picture noted the term "beyond a reasonable doubt" consisted of common sense. The defense objected, arguing the prosecution was attempting to redefine "beyond a reasonable doubt." The judge correctly overruled the objection, telling the jury there was “no specific legal definition of beyond a reasonable doubt” and that it was up to each juror to determine. Dashcam and bodycam videos, as well as the results of field sobriety and breath tests, support the conviction. Affirmed.
Court: Texas Courts of Appeals, Judge: Golemon , Filed On: May 15, 2024, Case #: 09-22-00266-CR, Categories: Evidence, Prosecutorial Misconduct, Dui
J. Harrison finds the circuit court properly granted a preliminary injunction in favor of the radiation oncologist. The oncologist, shareholder and member of the oncology group's board of directors proposed his son be brought into the practice after he graduated from medical school, which was approved by the board. Though minutes of a meeting show the oncologist saying his son would be his replacement, the oncologist denies having ever said this. The board moved to terminate the oncologist on grounds that family members could not work together. The injunction requiring the group to maintain the oncologist's status as an employee and shareholder during the pendency of the ensuing case was properly granted. Affirmed.
Court: Arkansas Court Of Appeals, Judge: Harrison , Filed On: May 15, 2024, Case #: CV-22-486, Categories: Employment, Health Care, Injunction
J. Gruber finds the circuit court improperly granted the stroke patient's motion to enforce settlement. The patient, who was a registered nurse at the hospital, alleges that doctors' negligence damaged her and the relationship between her and her spouse. Through the trial's resulting joint stipulation and various negotiations, the hospital offered a settlement of $4.75 million. Further negotiations resulted in a potentially larger settlement, with the hospital's CEO opting to not respond with any further offers. Testimony from the hospital's litigation officer, a mediator, and the patient's trial counsel, though found to be credible, was mostly subjective, and cannot overcome the CEO's directive. Reversed.
Court: Arkansas Court Of Appeals, Judge: Gruber , Filed On: May 15, 2024, Case #: CV-22-799, Categories: Settlements, Negligence, Medical Malpractice
J. Wilson finds that the trial court properly divided the parties' community property when it ordered the ex-husband to make an "equalization payment" to the ex-wife. Since no findings of fact and conclusions of law were made regarding the value of the assets of the community estate, there is no way to determine whether the trial court abused its discretion. Affirmed.
Court: Texas Courts of Appeals, Judge: Wilson, Filed On: May 14, 2024, Case #: 14-22-00683-CV, Categories: Civil Procedure, Family Law, Property
J. Miskel finds that the lower court properly entered final judgment in this dispute between a tenant and a landlord involving a settlement agreement. The appellant's brief fails to include a proper discussion of the facts "with citations to the record" or a proper application of the law. Accordingly, the court cannot reach "the substance of his case." Affirmed.
Court: Texas Courts of Appeals, Judge: Miskel, Filed On: May 14, 2024, Case #: 05-22-00098-CV, Categories: Civil Procedure, Landlord Tenant, Contract
J. Landau finds that the trial court properly dismissed the insured's action in connection with a claim she made on her homeowners' insurance policy for damage to her plumbing caused by the freeze in Texas in early 2021. The damage was "water" damage even though it was prompted by the freeze, so the insured's claim was subject to the water damage endorsement's coverage limit of $10,000. Affirmed.
Court: Texas Courts of Appeals, Judge: Landau, Filed On: May 14, 2024, Case #: 01-22-00797-CV, Categories: Insurance
J. Hassan finds that the trial court improperly ruled in favor of the police officer in a dispute with her insurer over the denial of uninsured/underinsured motorist benefits after a rear-end crash. The record does not show that the "regular-use exclusion" as applied to the officer's patrol vehicle violates public policy, so she is not entitled to the UM/UIM benefits. Reversed.
Court: Texas Courts of Appeals, Judge: Hassan, Filed On: May 14, 2024, Case #: 14-22-00450-CV, Categories: Insurance, Contract
J. Pan reversed, in part, the district court's dismissal of a former Census Bureau employee's claim arising from his retirement, which he claims he took per a settlement agreement after the bureau began procedures to fire him. The district court did not consider the worker's discrimination claims.
Court: DC Circuit, Judge: Pan, Filed On: May 14, 2024, Case #: 22-5319 , Categories: Employment, Employment Discrimination
J. Pillard denies petitions for review filed by the petroleum industry and renewable fuel industry challenging renewable fuel production standards set by the Environmental Protection Agency for 2020 to 2022. The EPA adequately justified its decisions, and the industries fail to show the standards are unreasonable.
Court: DC Circuit, Judge: Pillard, Filed On: May 14, 2024, Case #: 22-1210 , Categories: Energy, Environment
J. Hassan finds that the trial court partly erred regarding the damages awarded to the landlord in a suit against the former tenant alleging breach of lease. The evidence was insufficient to support the damages awarded to the landlord for re-leasing expenses, and the tenant was owed a credit of $100,000 for the security deposit. Reversed in part.
Court: Texas Courts of Appeals, Judge: Hassan, Filed On: May 14, 2024, Case #: 14-22-00727-CV, Categories: Landlord Tenant, Damages, Contract
J. Pan reversed, in part, the district court's dismissal of a former Census Bureau employee's claim arising from his retirement, which he claims he took per a settlement agreement after the bureau began procedures to fire him. The district court did not consider the worker's discrimination claims.
Court: DC Circuit, Judge: Pan, Filed On: May 14, 2024, Case #: 22-5319 , Categories: Employment, Employment Discrimination