112 results for 'filedAt:"2024-01-12"'.
J. Phillips finds a lower court improperly dismissed an insurance company's motion for arbitration concerning contract claims against an aviation company. The aviation company argued that a dispute over the sale of maritime surveillance aircraft products belongs in civil court. However, the parties' agreement contains an arbitration clause. Reversed.
Court: Her Majesty's Court of Appeal, Judge: Phillips, Filed On: January 12, 2024, Case #: CA-2023-137, Categories: Arbitration, Insurance, Contract
J. Ripple finds that the lower court improperly rejected the trade group's tortious interference claims alleging the unlawful manipulation of the price of ethanol because the Nebraska Supreme Court has not explicitly adopted the trade group's theory of damages. A district court is not required to choose the most restrictive interpretation of state law, even if the evidence indicates the state court would choose a less restrictive alternative. If the trade group amends its complaint, the lower court should reexamine its determination of the content of Nebraska law. Vacated.
Court: 7th Circuit, Judge: Ripple, Filed On: January 12, 2024, Case #: 23-1185, Categories: Tort, Choice Of Law, Business Practices
J. Edwards finds the trial court properly denied defendant's request for a jury instruction on the defense of abandonment at his trial for petty theft and trespass charges stemming from when he attempted to steal $450 worth of polo shirts from a store but dropped the merchandise and left when a store manager made eye contact with him. Though Florida law recognizes voluntary abandonment as a defense, the evidence shows defendant's abandonment was involuntary, leaving no grounds for his requested jury instruction. Affirmed.
Court: Florida Courts Of Appeal, Judge: Edwards, Filed On: January 12, 2024, Case #: 22-0943, Categories: Evidence, Theft, Trespass
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. Ray partially grants the ex-police officer's motion to exclude expert testimony in a race discrimination and employment retaliation action against the mayor and the police chief arising after he was fired. The expert, who is also a police chief, may not offer legal conclusions, tell the jury what result to reach or opine as to what legal authority city policies or practices bestow on the police chief. The expert can talk about how industry customs and practices are shaped by legal requirements. The police chief's motion to preclude certain opinions from the ex-police officer's expert law enforcement officials is denied.
Court: USDC Southern District of Georgia, Judge: Ray, Filed On: January 12, 2024, Case #: 4:21cv111, NOS: Other Civil Rights - Civil Rights, Categories: Experts, Employment Discrimination, Employment Retaliation
J. Proctor grants a medical trust’s motion for issuance of a letter or request pursuant to the Hague Convention to permit evidence from Cheyne Capital, of the United Kingdom, related to allegations of defamation published by a research company. The court finds the letter of request falls within the discovery and comity considerations for the requested discovery. The court overrules the research company’s objections to produce the discovery and orders the communications to be produced to a protective order. The court also overrules, in part, the medical trust’s objections related to a bail out loan in lieu of rent and other financial obligations owed.
Court: USDC Northern District of Alabama , Judge: Proctor, Filed On: January 12, 2024, Case #: 2:23cv408, NOS: Assault, Libel, & Slander - Torts - Personal Injury, Categories: Defamation, Discovery
J. Soto remands, with instructions to dismiss, several cases including this dispute stemming from arrests of migrants for criminal trespass under Texas’ “Operation Lone Star,” a state policy ostensibly intended to “deter[] illegal border crossing” and “prevent criminal activity along the border.” Defendant argued the charge was unconstitutional, including because the state was “selectively prosecuting men, and not similarly situated women.”
Court: Texas Courts of Appeals, Judge: Soto, Filed On: January 12, 2024, Case #: 08-23-00233-CR, Categories: Immigration, Trespass, Equal Protection
J. Cohen finds that the utility commission properly approved a contract purchasing renewable natural gas from out-of-state for greenhouse gas reduction requirements. The commission's findings are supported by the evidentiary record and did look into all alternatives for the least expensive planning. Affirmed.
Court: Vermont Supreme Court, Judge: Cohen, Filed On: January 12, 2024, Case #: 23-AP-084, Categories: Energy, Evidence, Contract
J. Theofanis finds that the trial court properly ruled to terminate a mother's parental rights to her two children. The evidence shows that the mother has a history of mental health issues and continued a relationship with the children's father, who admitted to abusing one of the children. Affirmed.
Court: Texas Courts of Appeals, Judge: Theofanis, Filed On: January 12, 2024, Case #: 03-23-00608-CV, Categories: Family Law
J. Lowy vacates the defendant’s murder conviction. The strongest piece of physical evidence used to convict the defendant was a bloody leather jacket combined with witness testimony supporting that the blood belonged to the murder victim, but DNA testing 20 years after the conviction proved that the blood was not the victim’s. Vacated.
Court: Massachusetts Supreme Court, Judge: Lowy, Filed On: January 12, 2024, Case #: SJC-13399, Categories: Dna, Evidence, Murder
J. Pan denies a group of electricity customers' petition for review concerning the Federal Energy Regulatory Commission's denial of their challenge to AEP's transmission rates in 2019. The commission properly interpreted AEP's tariff, and it adequately and reasonably its order regarding the inclusion of certain costs in the charged rate.
Court: DC Circuit, Judge: Pan, Filed On: January 12, 2024, Case #: 22-1166 , Categories: Administrative Law, Energy
J. Gonzalez finds in favor of a Long Island school district on claims that it denied a school psychiatrist’s requests for exemptions from its Covid-19 mandate for religious reasons, finding her request to work remotely or to be exempt from its test-or-vaccination requirement would have placed an undue hardship on the district. As well, her claims that the school violated her rights under the Genetic Information Nondiscrimination Act when it requested information regarding her and her family’s vaccination history were without merit.
Court: USDC Eastern District of New York, Judge: Gonzalez, Filed On: January 12, 2024, Case #: 2:22cv1569, NOS: Employment - Civil Rights, Categories: Employment, Covid-19
J. Feuer finds that the trial court erred in denying defendant's request for substitution of counsel to defend him on a stalking charge. His previous requests were denied because his counsel of choice was not prepared, but his new counsel said he was ready and the trial court put efficiency ahead of his constitutional right. His challenge to the guilty verdict fails under the weight of the evidence against him, but he is entitled to a new trial with his counsel of choice. Reversed.
Court: California Courts Of Appeal, Judge: Feuer, Filed On: January 12, 2024, Case #: B322762, Categories: Due Process, Harassment
J. Boulee denies the organizations' motion for a preliminary injunction to enjoin provisions of Georgia's election law relating to runoff election procedures which allegedly discriminate against Black voters. The two provisions say runoffs will be held four weeks after the general election and mandate that advance voting for runoffs begin no later than the second Monday immediately prior to the runoff and end on the Friday before the runoff. The organizations have not shown that eliminating the registration period before a runoff or shortening the early voting window disproportionately impacts Black voters. The officials presented legitimate justifications for the provisions, including creating a more efficient runoff schedule. The lead-up to the law's passage may show a motivation to curtail new Democratic voters but it does not show a racially discriminatory motivation.
Court: USDC Northern District of Georgia, Judge: Boulee, Filed On: January 12, 2024, Case #: 1:21mi55555, NOS: Voting - Civil Rights, Categories: Civil Rights, Elections
J. Griggsby grants the commissioners’ motion to dismiss this recovery center’s complaint for Fair Housing Act and Americans with Disabilities Act violation after a special exception and use and occupancy permit was denied. The zoning code does allow for an eight bed multi-resident living facility, but the recovery center alleges FHA and ADA discrimination by allowing another center to operate a 16-bed facility. The commissioners did approve eight beds as stated in the zoning code. Therefore, the recovery center fails to show evidence of FHA and ADA violations.
Court: USDC Maryland, Judge: Griggsby, Filed On: January 12, 2024, Case #: 1:23cv714, NOS: Amer w/Disabilities - Other - Civil Rights, Categories: Ada / Rehabilitation Act, Property, Zoning
J. Tostrud partially grants the father's motion for a temporary injunction preventing the mother from removing their child from Minnesota pending proceedings in his action to return the child to Mexico. The child shall not be removed for fourteen days, since the father has shown that there is a significant risk that the mother, if given notice of his motion, would attempt to remove the child from the state and conceal their whereabouts and that he therefore faces a threat of irreparable harm greater than the financial harms likely to come to the mother if the injunction is granted.
Court: USDC Minnesota, Judge: Tostrud, Filed On: January 12, 2024, Case #: 0:23cv3911, NOS: Other Statutory Actions - Other Suits, Categories: Family Law, International Law
J. Lanza partly grants a former U.S. Human Rights Network executive director's motion for attorney's fees following her termination. The executive director sufficiently showed in court that the network may have misclassified her role as an independent contractor, but failed to show that she was entitled to sanctions to stop her employer's representation from publicly smearing her name.
Court: USDC Arizona, Judge: Lanza, Filed On: January 12, 2024, Case #: 2:20cv757, NOS: Other Labor Litigation - Labor, Categories: Employment, Sanctions, Attorney Fees
J. Brnovich rules a baking ingredients company may pursue defamation claims against a former employee. The baking ingredients company sufficiently showed in court that the former employee, a senior buyer, defamed the company by publishing false online information concerning its customers and its confidential business information.
Court: USDC Arizona, Judge: Brnovich, Filed On: January 12, 2024, Case #: 2:23cv2674, NOS: Other Contract - Contract, Categories: Trademark, Defamation, Employment Retaliation
Per curiam, the circuit finds the district court improperly granted the workers' compensation provider's motion for summary judgment in a case where a worker was killed during the building of a hydrocarbon processing facility. The liability provider funded the settlement on behalf of the builder, while the workers' comp provider partially funded it on behalf of the subcontractor. The liability provider has sufficiently alleged the worker was an employee of the subcontractor while simultaneously working for the builder, which satisfies the insurance program's voluntary compensation and employers’ liability endorsement. Reversed.
Court: 5th Circuit, Judge: Per curiam, Filed On: January 12, 2024, Case #: 23-20026, Categories: Construction, Insurance, Wrongful Death
Per curiam, the circuit finds the district court properly denied defendant's petition for habeas corpus. Defendant, an American citizen, was convicted in Mexico for aggravated homicide, where he served some of his sentence before being transferred to the U.S. Though he says he was incorrectly disallowed certain time credits, the Mexican charge is dissimilar to the U.S. charge of first-degree murder and he had not finished serving the Mexican sentence when he was transferred. Affirmed.
Court: 5th Circuit, Judge: Per curiam, Filed On: January 12, 2024, Case #: 23-50406, Categories: Habeas, Murder, International Law