138 results for 'filedAt:"2024-01-11"'.
[Consolidated.] J. Moody denies an insured a motion in limine to exclude all mention of counsel for the insured, Morgan & Morgan, during trial since the insured failed to establish prejudice. However, the parties will be permitted to question jurors as to any prejudice against the law firm.
Court: USDC Middle District of Florida, Judge: Moody, Filed On: January 11, 2024, Case #: 8:21cv2656, NOS: Other Contract - Contract, Categories: Insurance, Contract
J. Pappert denies in part a paramour’s motion to dismiss his former girlfriend’s suit alleging breach of contract as he failed to pay half of the financing and expenses of a home they had purchased in Bryn Mawr, Pennsylvania, after he moved out and ended the relationship. The girlfriend has sufficiently alleged breach of contract.
Court: USDC Eastern District of Pennsylvania, Judge: Pappert, Filed On: January 11, 2024, Case #: 2:22cv4387, NOS: Other Contract - Contract, Categories: Consumer Law, Negligence, Contract
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J. Worthen finds the trial court properly convicted defendant for aggravated robbery based on sufficient evidence. After robbing a restaurant manager at gunpoint of money from the safe and his cell phone, tracking information from the victim's cell phone led to defendant. Furthermore, police officers, with a warrant, used defendant's cell phone location history, which put him at the location of the robbery when it occurred. Affirmed.
Court: Texas Courts of Appeals, Judge: Worthen , Filed On: January 11, 2024, Case #: 12-22-00270-CR, Categories: Evidence, Robbery, Technology
J. Wicks grants a motion in limine and excludes two exhibits from an upcoming trial for a employment discrimination lawsuit brought against New York state’s child and family services department. The exhibits consist of prior employment discrimination and retaliation lawsuits that were brought against the department and its commissioner, to help bolster the litigant’s claims, but, while each prior complaint has some probative value, the court finds they are outweighed by the unfair prejudice it would place on the defendant and excludes them from trial.
Court: USDC Eastern District of New York, Judge: Wicks, Filed On: January 11, 2024, Case #: 2:18cv7212, NOS: Employment - Civil Rights, Categories: Evidence, Employment Discrimination
J. Stegner finds that the district court was not barred from granting a developer declaratory relief on its zoning challenge by the developer's concurrent but separate petition for review under the Local Land Use Planning Act. The district court properly refused to admit a site plan that was recorded after a planned unit development plat was approved. However, the district court should have granted the developer's motion to order the county to record the plat. And the district court must revisit whether it was bound by a settlement agreement before ruling on a breach of contract claim. The developer is due attorney fees on appeal as the prevailing party on all issues. Reversed in part.
Court: Idaho Supreme Court, Judge: Stegner, Filed On: January 11, 2024, Case #: 49487, Categories: Administrative Law, Zoning, Attorney Fees
J. Budd reverses a sentence of life without parole for a defendant convicted of murder. The defendant was 18 when he committed the crime and 18-to-20-year-olds — emerging adults — are more neurologically similar to 17-year-olds than to people age 22 and older. So even though an 18-year-old is an adult, a statute determining that sentencing juveniles to life without parole constitutes cruel and unusual punishment also applies to emerging adults. Vacated.
Court: Massachusetts Supreme Court, Judge: Budd, Filed On: January 11, 2024, Case #: SJC-11693, Categories: Juvenile Law, Murder, Sentencing
J. Egan finds that the lower court properly declined to entirely dismiss medical malpractice claims concerning treatment of a fractured wrist. Expert opinion indicated the treating physicians failed to recognize from x-rays that the fracture was healing out of alignment and failed to recommend she take a large dose of Vitamin C daily following surgery to avoid complex regional pain syndrome. Affirmed.
Court: New York Appellate Divisions, Judge: Egan, Filed On: January 11, 2024, Case #: 535997, Categories: Experts, Medical Malpractice
J. Abelson orders a murder suspect to have a mental examination for claims of being falsely accused of murder he brought against a police department, and its detectives and police officers. The suspect has alleged post-traumatic stress disorder, emotional distress, anxiety and depression from being wrongfully incarcerated and that he had to seek professional treatment. All parties dispute that the existing medical records are enough for an expert to cross examination at trial. Therefore, there is a good cause for the mental examination.
Court: USDC Maryland, Judge: Abelson, Filed On: January 11, 2024, Case #: 1:21cv3173, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Experts
J. Mackey finds that the lower court properly found for a town in a slip and fall claims concerning injuries sustained in a municipal parking lot because town law requires prior written notification of a hazard, and plaintiff's expert offered conclusory opinions as to whether the town's paving methods created the problem. Affirmed.
Court: New York Appellate Divisions, Judge: Mackey, Filed On: January 11, 2024, Case #: 536077, Categories: Municipal Law, Tort
J. Fisher finds that the lower court properly found for a paving subcontractor that worked on a project to construct a municipal airport taxiway because the contract unambiguously set the price at the prevailing wage at the time of paving, and thus an impermissible escalation had not occurred when the work invoice increased. Affirmed.
Court: New York Appellate Divisions, Judge: Fisher, Filed On: January 11, 2024, Case #: CV-22-2007, Categories: Construction, Contract
J. Whitney grants Experian and TransUnion their motion for judgment on the pleadings after a consumer sued them for alleged fair credit reporting law violations and then did not respond to their motion. The original motion by the credit agencies was for dismissal, which is granted here because the consumer’s factual allegations are not sufficient for a claim under fair credit reporting laws. Also, the consumer has a history of not complying with court orders and has sued the agencies before, intentionally dragging her feet during litigation. The complaint is dismissed and the case closed.
Court: USDC Western District of North Carolina, Judge: Whitney, Filed On: January 11, 2024, Case #: 3:23cv388, NOS: Consumer Credit - Other Suits, Categories: Commerce, Consumer Law
J. Aarons finds that the lower court properly dismissed claims against a lawyer who became romantically involved with his client during her divorce proceedings because the husband failed to demonstrate the concealed relationship caused him damage or led to adverse rulings, and the lawyer's alleged contentiousness and post-judgment behavior did not exceed the bounds of advocacy to constitute willful delay. Affirmed.
Court: New York Appellate Divisions, Judge: Aarons, Filed On: January 11, 2024, Case #: CV-23-0731, Categories: Family Law
J. Kuhn finds that while the inmate was barred from filing a civil action as a poor person under the three strikes rule, the lower court was still required to consider the issue of the imminent danger exception raised in his filing. However, because the inmate failed to specify any individual who poses an immediate threat to his safety and makes no credible claims of assault or other injuries, the complaint was meritless and the exception did not apply. Affirmed.
Court: Colorado Court Of Appeals, Judge: Kuhn, Filed On: January 11, 2024, Case #: 2024COA5, Categories: Civil Procedure, Prisoners' Rights
J. Lawrence-Berrey finds that the lower court properly in part resolved a series of questions stemming from a defamation dispute between an individual and a local paper. The dispute presented a series of legal issues over the Uniform Public Expression Protection Act and how it relates to actions pending on the law's effective date. A proper interpretation of law finds that the Act does apply to causes of action made on or after the its effective date and service of amended pleadings restarts the 60-day clock. Affirmed in part.
Court: Washington Court Of Appeals, Judge: Lawrence-Berrey, Filed On: January 11, 2024, Case #: 38991-0-III, Categories: Civil Procedure, Defamation, First Amendment
J. Clark finds that the lower court properly dismissed residential foreclosure claims as time-barred. The borrowers tolled the action for a time with the bankruptcy filing, but the original lender's voluntary discontinuance of the action did not de-accelerate the debt prior to the expiration of the six-year statute of limitations. Affirmed.
Court: New York Appellate Divisions, Judge: Clark, Filed On: January 11, 2024, Case #: 535925, Categories: Bankruptcy, Civil Procedure, Foreclosure
J. Benavides finds that the lower court properly denied the appellant's plea to the jurisdiction in this premises liability action stemming from an alleged trip and fall on a sidewalk at the appellant's arena. The appellant fails to establish that the sidewalk was not unreasonably dangerous, specifically as to the "access point to a sewage overflow connection." Also, there is an issue of fact as to whether the litigant was "an invitee" when she allegedly tripped and fell. Affirmed.
Court: Texas Courts of Appeals, Judge: Benavides, Filed On: January 11, 2024, Case #: 13-23-00163-CV, Categories: Tort, Jurisdiction
J. Cabret finds the superior court improperly denied defendant's motion for reconsideration of a final order that ended his probation, closed the juvenile case in which he originally pleaded guilty to assault as a minor and put him in custody of the Department of Health Services for supervision. The superior court went beyond its statutory authority when, without prompting, it cancelled defendant's final hearing, closed his case and placed him with the department for continued supervision, so the case is remanded for it to follow the proper procedures to extend, modify, revoke or terminate his probation. Reversed.
Court: Virgin Islands Supreme Court, Judge: Cabret, Filed On: January 11, 2024, Case #: 2024 VI 3, Categories: Juvenile Law, Probation, Assault
Per curiam, the appellate division finds that the lower court properly dismissed a trip and fall lawsuit against a building owner. There is no evidence the owner was ever made aware of an alleged dangerous condition on the stairwell leading to the basement laundry. Affirmed.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: January 11, 2024, Case #: 00139, Categories: Tort
J. Stras finds a lower court partly improperly dismissed the Missouri Attorney General's Missouri's Foreign Sovereign Immunities Act claims against the People's Republic of China. The Chinese government argued that it is not responsible for the global spread of Covid-19. However, the attorney general presented sufficient evidence in court that the country "hoarded personal-protective equipment while the rest of the world was in the dark about the disease." Reversed in part.
Court: 8th Circuit, Judge: Stras, Filed On: January 11, 2024, Case #: 22-2495, Categories: Government, Negligence, Covid-19
J. Thompson reverses, in part, the lower court's finding for a condo association and others on a condo owner's contract claims. There are questions of fact as to when his claims accrued and which party is responsible for remediation of issues within his condo. Reversed in part.
Court: DC Court of Appeals, Judge: Thompson, Filed On: January 11, 2024, Case #: 22-CV-0644 , Categories: Property, Contract
J. Seeley finds the trial court properly granted the city's motion for summary judgment on workers' compensation retaliation claims filed by the police officers. Although a supervisor made derogatory comments when the officers sought surgeries for their injuries, their positions were eliminated - along with more than 100 other officers - as a result of budget cuts, a legitimate and non-discriminatory reason. Affirmed.
Court: Connecticut Court Of Appeals, Judge: Seeley, Filed On: January 11, 2024, Case #: AC45548, Categories: Employment Retaliation, Workers' Compensation
J. Pryor vacates the previous panel opinion and substitutes the instant opinion finding that the district court improperly denied ex-state attorney Andrew Warren's motion for injunctive relief in a civil rights action against Florida Governor Ron DeSantis arising after the governor suspended Warren from office and appointed a political ally to replace him. The suspension occurred after Warren signed transgender healthcare and abortion advocacy statements. The district court incorrectly found that the First Amendment did not protect Warren's signing of the statements. Warren's agreement with a sentence in the abortion statement saying that signatories committed to exercising discretion and refraining from prosecuting people who seek or provide abortions qualified as protected speech. The district court also incorrectly found that the First Amendment did not bar the governor from suspending Warren to gain a political benefit. The case is remanded for the district court to consider whether the governor would have made the same decision based solely on Warren's performance and policies. Vacated.
Court: 11th Circuit, Judge: Pryor, Filed On: January 11, 2024, Case #: 23-10459, Categories: Civil Rights, First Amendment