142 results for 'filedAt:"2024-01-17"'.
J. Solomon finds that the appellate division properly admitted handguns, ammunition, narcotics, and cash that had been discovered in a suitcase defendant left outside a train station while being pursued by police because defendant abandoned the suitcase in a public place by fleeing the scene to avoid lawful arrest. Affirmed.
Court: New Jersey Supreme Court, Judge: Solomon , Filed On: January 17, 2024, Case #: A-31-22, Categories: Drug Offender, Search, Weapons
J. Love finds that the trial court properly dismissed a woman's action seeking repayment for money loaned to her former romantic partner for a vacation and for renovation work on the partner's house. In this case, more than three years elapsed since the loans were made. Therefore, the partner's exception of prescription was properly granted. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Love, Filed On: January 17, 2024, Case #: 2023-CA-0526, Categories: Civil Procedure, Evidence, Contract
J. Gallagher denies a video subscription service’s motion for reconsideration in this class action filed by subscribers that claim the website unlawfully disclosed to Facebook their personally identifiable information in violation of the Video Privacy Protection Act and the California state law. The video subscription service has not provided the court with any authority that online users manifest assent to a provider’s terms. The court also denies the class of subscribers’ motion to appoint counsel because the factors outlined have not been met.
Court: USDC Maryland, Judge: Gallagher, Filed On: January 17, 2024, Case #: 1:23cv2265, NOS: Other Statutory Actions - Other Suits, Categories: Privacy, Class Action
Per curiam, the Georgia Supreme Court accepts attorney Sharon L. Barksdale's petition for voluntary discipline and directs that the attorney receive a public reprimand for her admitted violations of the Georgia Rules of Professional Conduct. The attorney failed to tell her client that she did not prepare or submit a proposed order in a child custody modification case.
Court: Georgia Supreme Court, Judge: Per curiam, Filed On: January 17, 2024, Case #: S24Y0016, Categories: Judiciary, Attorney Discipline
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J. Ray denies, in part, a grocery store's motion for summary judgment in a lease agreement dispute concerning the replacement of an HVAC system. Although the agreement explicitly says the grocery store, as tenant, is not responsible for the replacement, the lease is ambiguous whether the landlord must replace the system.
Court: USDC Northern District of Texas , Judge: Ray, Filed On: January 17, 2024, Case #: 4:22cv980, NOS: Other Contract - Contract, Categories: Landlord Tenant, Contract
J. Johnson finds the trial court properly convicted defendant for aggravated assault with a deadly weapon. Testimony from first responders, two sources of surveillance video, and physical evidence including shell casings, clothing, and an unusually painted vehicle linking defendant to the act support the conviction. Furthermore, a mistake of fact instruction was not necessary based on the evidence. Affirmed.
Court: Texas Courts of Appeals, Judge: Johnson , Filed On: January 17, 2024, Case #: 09-22-00274-CR, Categories: Evidence, Assault, Weapons
J. Hixson finds the circuit court properly revoked defendant’s probation for his guilty plea conviction for first-degree terroristic threatening, sentencing him to serve 60 months’ imprisonment. Defendant failed to report multiple times and had consistently been behind in his payment of fees and fines. Defendant's sentence is within the statutory range, and he fails to adequately present any argument for review. He does not request any relief regarding his claim he is not eligible for a judicial transfer and the court "will not make a party’s argument" for them. Affirmed.
Court: Arkansas Court Of Appeals, Judge: Hixson , Filed On: January 17, 2024, Case #: CR-23-254, Categories: Probation, Threats, Terrorism
J. Murphy finds the trial court properly found defendant guilty for breaking or entering. The victim's security video showed defendant exiting the victim's vehicle, from which he had removed the battery after noticing his keys were missing. The state presented sufficient evidence of criminal intent and not merely that defendant broke into the vehicle. The jury could reasonably infer defendant was preparing to steal the car, which would not start due to the removed battery. Affirmed.
Court: Arkansas Court Of Appeals, Judge: Murphy , Filed On: January 17, 2024, Case #: CR-22-614, Categories: Evidence, Theft, Jury Instructions
J. Gordon denies the signature canvassers' motion to dismiss the fraud claims. The public education advocacy group says it was defrauded out of more than $2.2 million in a failed signature gathering effort supporting a ballot initiative. The assignee of the advocacy group says the canvassers did not obtain valid signatures at the claimed rate. The canvassers' contacts with the forum were not random, fortuitous, attenuated, or based solely on the advocacy group's location. The claims are assignable, arising out of the canvassers' forum-related activities, and exercise of jurisdiction is reasonable.
Court: USDC Nevada, Judge: Gordon , Filed On: January 17, 2024, Case #: 2:23cv69, NOS: Other Contract - Contract, Categories: Fraud, Jurisdiction, Contract
J. Kobes finds a lower court properly granted a Corporal's motion for summary judgment concerning a civilian's Fourth Amendment claims. The civilian argued that the off- duty police officer failed to prevent his K9 from biting her, which resulted in injuries and a trip to the hospital. However, the police officer sufficiently showed in court that the K9 spontaneously responded to someone's laughter, and that he immediately restrained the animal, which does not constitute excessive force. Affirmed.
Court: 8th Circuit, Judge: Kobes, Filed On: January 17, 2024, Case #: 22-3051, Categories: Constitution, Negligence
J. Navarro grants Ancestry.com's motion to dismiss for lack of jurisdiction a suit filed by Nevada citizens who claim it used their names, images and identities without consent. The citizens’ allegations allow inference the company markets widely, sending email promotions and advertising subscription services without regard to location. The citizens’ injury, that their personal information is impermissibly being used to sell subscriptions, would “follow [them] wherever [they] might... live or travel,” and is not enough to demonstrate the company's actions were aimed at Nevada.
Court: USDC Nevada, Judge: Navarro , Filed On: January 17, 2024, Case #: 2:20cv2292, NOS: Other Personal Injury - Torts - Personal Injury, Categories: Copyright, Tort, Technology
J. Wright grants a medical professional apparel company's motion to dismiss stockholders' consolidated class action complaint alleging securities fraud. The stockholders allege that the company schemed to artificially increase securities prices "for the purpose of selling stocks quickly to gain windfall profits" and that the company misled investors with false statements and omissions. The stockholders do not sufficiently allege scienter, do not sufficiently support claims of insider trading, do not clearly allege that the company's statements were misleading or that the company did not sufficiently discuss risk factors. The class is granted leave to amend.
Court: USDC Central District of California, Judge: Wright, Filed On: January 17, 2024, Case #: 2:22cv7939, NOS: Securities/Commodities/Exchange - Other Suits, Categories: Securities, Class Action
Per curiam, the supreme court finds that transferring the lawmaker's lawsuit over what he claims was his illegal expulsion from the Legislature of the Virgin Islands from the superior court to the supreme court is necessary. In part because the superior court erred in setting the matter for trial despite not ruling on immunity defenses that have been pending for more than a year and a half, the lawsuit has presented one of the "extraordinarily rare cases" warranting transfer. The case is transferred and all proceedings are stayed pending consideration of the outstanding immunity matters.
Court: Virgin Islands Supreme Court, Judge: Per curiam, Filed On: January 17, 2024, Case #: 2024 VI 6, Categories: Judiciary, Immunity
J. Grosjean grants, in part, an employee’s motion to compel in her contract and labor case against a school district. The district, which merely restated its responses to certain requests for admissions, must respond with an admission, denial, or reason why it cannot admit or deny it.
Court: USDC Eastern District of California, Judge: Grosjean, Filed On: January 17, 2024, Case #: 1:21cv500, NOS: Fair Labor Standards Act - Labor, Categories: Discovery, Contract, Labor
J. Lauber finds for the commissioner of internal revenue in this tax liability dispute because excess IRA contributions were subject to taxation.
Court: U.S. Tax Court, Judge: Lauber , Filed On: January 17, 2024, Case #: 2024-6, Categories: Tax
J. Black finds that the trial court improperly ruled for Pasco County in this dispute over agency funding because the state constitution obliges the county to fund the "multiagency criminal justice information system." Reversed.
Court: Florida Courts Of Appeal, Judge: Black, Filed On: January 17, 2024, Case #: 2D23-305, Categories: Agency
[Consolidated] J. Bokor finds the trial court partially erred in its decision against the condo developer in a dispute from a management company alleging the developer failed to complete construction of five condo units by the end of 2017, which the developer claims was delayed in part due to hurricanes. The trial court properly rejected fraud claims against the developer, but it wrongfully found the developer breached its contract because the agreement between the developer and the company did not explicitly state a "date certain" for the units to be constructed or put in any other such time constraints. Affirmed in part.
Court: Florida Courts Of Appeal, Judge: Bokor, Filed On: January 17, 2024, Case #: 21-1365, Categories: Construction, Contract
[Consolidated] J. Miller finds the trial court improperly denied the professor's motion to dismiss claims against him in the traffic device manufacturer's lawsuit over a study of its devices that returned unfavorable results to the Florida Department of Transportation. The trial court should have dismissed on sovereign immunity grounds, as the allegations against the professor do not overcome the fact that he should have been protected from liability as a state employee due to the terms of the underlying contract with Florida International University, where the professor was working at the time he became the "co-principal investigator" in the study. On remand the trial court is ordered to dismiss the claims against the professor. Reversed.
Court: Florida Courts Of Appeal, Judge: Miller, Filed On: January 17, 2024, Case #: 22-2121, Categories: Immunity, Defamation, Contract
J. Gordo finds the trial court properly granted the insurance company's motion to dismiss and motion to quash in a dispute with the health care organization over claims stemming from an insured's car accident. Because the organization failed to file an affidavit or other proof refuting the company's claim that the trial court lacked personal jurisdiction because, as an Ohio-based company, it lacks sufficient business connections in Florida to be sued there, the organization failed to meet its burden. Affirmed.
Court: Florida Courts Of Appeal, Judge: Gordo, Filed On: January 17, 2024, Case #: 23-0001, Categories: Insurance, Jurisdiction, Contract
J. Kays dismisses a former Black female detective's claim that the police union refused to provide her legal representation on the basis of her race and sex. There are no allegations that the union was acting under color of state law or conspired with the Kansas City police deparment, so it cannot be liable for civil rights violations under section 1983. Further, the union had a non-discriminatory reason for not providing her legal counsel, namely that the plan excludes coverage for actions taken outside the scope of her employment as a police officer.
Court: USDC Western District of Missouri, Judge: Kays, Filed On: January 17, 2024, Case #: 4:20cv920, NOS: Employment - Civil Rights, Categories: Employment Discrimination, Labor / Unions
Per curiam, the Texas Court of Criminal Appeals finds that the court of appeal improperly overturned the trial court's decision to vacate the jury verdict and sentence after the jury found defendant guilty of aggravated sexual assault of a child. The case is remanded for the court of appeal to determine whether the election for jury to determine punishment was filed prior to the start of voir dire.
Court: Texas Court of Criminal Appeals, Judge: Per curiam, Filed On: January 17, 2024, Case #: PD-0653-23, Categories: Jury, Sex Offender
J. Richardson finds that the court of appeal properly overturned the trial court's conviction of defendant for evading arrest. Defendant "was egregiously harmed when the jury charge failed to include the element that appellant knew the officer was attempting to arrest him." Affirmed in part.
Court: Texas Court of Criminal Appeals, Judge: Richardson, Filed On: January 17, 2024, Case #: PD-0963-19, Categories: Resisting Arrest
J. Gleason denies a substance abuse treatment center's motion to dismiss an insurance company's claim that the center defrauded the insurer of approximately $3.3 million in falsified claims. The insurer claims that the center recruited Alaska residents as patients, and that these patients would have been eligible for Medicaid, but the center had them enroll in the insurer's plan because the center could charge the insurer more for out-of-state treatment. The insurer has adequately alleged an injury that is traceable to the center's alleged actions. The insurance company's motion to amend the complaint is granted.
Court: USDC Alaska, Judge: Gleason, Filed On: January 17, 2024, Case #: 3:23cv132, NOS: Other Statutory Actions - Other Suits, Categories: Fraud, Insurance
Per curiam, the appellate court grants mandamus relief and directs the trial court to vacate an order compelling the ex-wife to produce her cell phone for forensic examination in a divorce case. The order lacked provisions to protect the ex-wife's "privacy, privileges, or the confidentiality of non-responsive information."
Court: Texas Courts of Appeals, Judge: Per curiam, Filed On: January 17, 2024, Case #: 14-23-00941-CV, Categories: Civil Procedure, Family Law, Discovery
J. Maxa finds that the lower court improperly sentenced defendant on a DUI conviction. The lower court imposed an exceptional sentence against defendant, finding that the standard range sentence would be too lenient given his offender score. But such a determination of leniency needs to be determined by a jury, not the trial court. Reversed.
Court: Washington Court Of Appeals, Judge: Maxa, Filed On: January 17, 2024, Case #: 58050-1-II, Categories: Sentencing, Dui
J. Vera finds in favor of the children protective services (CPS) against the Native American tribe's complaint that CPS violated the Indian Child Welfare Act (ICWA) by not fully investigating the two children's Native American ancestry and not giving the tribe proper notice. The tribe and the biological parents do not provide facts showing that the biological parents or the children were either members of or eligible for membership of any tribe during the adoption proceedings.
Court: USDC Central District of California, Judge: Vera, Filed On: January 17, 2024, Case #: 2:22cv1586, NOS: Other Civil Rights - Civil Rights, Categories: Family Law, Native Americans