136 results for 'filedAt:"2024-01-18"'.
J. Fisher finds that the lower court improperly found that a mother neglected her four children in an action similarly brought against their father. Because the mother, who inconsistently attended fact-finding hearings, was not present at the final one where her assigned counsel was granted an oral request to be relieved without sufficient inquiry, remittal is necessary to ensure the right to counsel assistance. Reversed.
Court: New York Appellate Divisions, Judge: Fisher, Filed On: January 18, 2024, Case #: 536032, Categories: Family Law
J. Reynolds Fitzgerald finds that an activities aide for special needs children was properly denied disability retirement benefits after she was twice injured by students who collided with her because she failed to contradict an orthopedist's conclusions that she engaged in "symptom magnification" and that she had not been permanently incapacitated from her job duties. Affirmed.
Court: New York Appellate Divisions, Judge: Reynolds Fitzgerald, Filed On: January 18, 2024, Case #: CV-22-1980, Categories: Employment, Social Security
J. Kitchens finds the lower court improperly awarded funds to a school district. A county recovered funds from a business through bankruptcy proceedings, and the school district argued it was entitled to a portion of the funds. The lower court awarded the school district an amount equal to a shortfall it experienced in one relevant year, but the county argues the school district is not entitled to the funds. The instant court finds the school district is funded yearly via established accounts that hold sufficient funds to cover the school district’s budget regardless of the collection of taxes, with delinquent tax collection falling to the county for recovery. While the school district did experience a shortfall one year, the statutory procedure to recover the funds is for the school district to issue a promissory note to recover the funds from the county, which it chose not to do. The school district is not entitled to the recovered tax money. Reversed.
Court: Mississippi Supreme Court, Judge: Kitchens, Filed On: January 18, 2024, Case #: 2022-CA-00471-SCT, Categories: Bankruptcy, Tax, Fiduciary Duty
Per curiam, the circuit finds that the district court improperly dismissed class claims alleging elevated levels of toxic metals in Beech-Nut baby food. Deferential "primary jurisdiction" to the U.S. Food and Drug Administration was unwarranted, as the agency postponed plans to soon release an initiative setting levels on lead and goals for other metals, delaying the case indefinitely. Vacated.
Court: 2nd Circuit, Judge: Per curiam, Filed On: January 18, 2024, Case #: 23-220-cv, Categories: Administrative Law, Product Liability
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J. Contreras finds the trial court properly awarded a holding company possession of the property from the property owner’s son. The son argues three issues that the trial court did not have jurisdiction to grant the possession, the agreed judgment is void alleging the attorney’s signature was forged and there was still a temporary restraining order in effect. The question of subject matter jurisdiction cannot be waived or raised at any time during the first time on appeal. The son has not challenged the validity of the deed of trust and the temporary restraining order had expired. Affirmed.
Court: Texas Courts of Appeals, Judge: Contreras, Filed On: January 18, 2024, Case #: 13-22-00595-CV, Categories: Property, Jurisdiction, Foreclosure
J. Owens finds that the lower court improperly tossed claims from a subclass in a class action against the health care employer of a nurse who, while on duty, exposed emergency department patients with hepatitis C while she was diverting narcotics for her own use. The court improperly dismissed claims from a subclass of patients who were not directly assigned to the nurse. These patients can still establish a fear of disease transmission and can show damages during the "window of anxiety" period. Reversed.
Court: Washington Supreme Court, Judge: Owens, Filed On: January 18, 2024, Case #: 101537-2, Categories: Health Care, Class Action
J. Gillmor dismisses excessive force, negligence, wrongful death and other claims by relatives of a man shot and killed by Maui police officers. The family does not identify any specific officers, any of their specific actions or any specific policy or practice that led to the shooting, and therefore do not have sufficient facts to support their claims. Only the man’s mother and father have standing to bring their claims; siblings and other family members do not. Only the mother’s excessive force claim remains.
Court: USDC Hawaii, Judge: Gillmor, Filed On: January 18, 2024, Case #: 1:23cv383, NOS: Other Civil Rights - Civil Rights, Categories: Government, Wrongful Death, Police Misconduct
J. Conley finds that the medical provider was properly granted summary judgment for the patient's lawsuit alleging that he injured his ankle, underwent surgery, then allegedly reinjured it when a staff member pushed it into a desk while the patient was being transported in a wheelchair. The patient did not provide necessary expert medical testimony on causation. Reversed.
Court: Kentucky Supreme Court, Judge: Conley, Filed On: January 18, 2024, Case #: 2022-SC-0302-DG, Categories: Negligence, Experts
J. Ryan finds the lower court erroneously upheld family services' denial of Medicaid benefits to the long-term care resident. The rejection notice failed to include a required denial code that would have provided her with adequate information about why her claim had been refused. Additionally, the resident's assignment of several life insurance policies to a funeral home reduced the amount of resources she could allocate toward daily care at the long-term facility, which qualified her for Medicaid benefits. Reversed.
Court: Ohio Court Of Appeals, Judge: Ryan, Filed On: January 18, 2024, Case #: 2024-Ohio-160, Categories: Health Care, Insurance, Medicaid
[Consolidated.] J. Watkins finds that the trial court properly denied defendants' motions for new trials following defendant's obstruction and firearm conviction and the co-defendant's firearm conviction. Sufficient evidence was presented to support defendant's convictions, including evidence that she was close enough to the firearm in the truck to access it and that she resisted the officer's instructions to exit the vehicle. Defendant failed to show that her trial counsel's performance was deficient. Affirmed.
Court: Georgia Court of Appeals, Judge: Watkins, Filed On: January 18, 2024, Case #: A23A1239, Categories: Firearms, Ineffective Assistance, Obstruction
J. Brasher finds that the district court properly convicted defendant of impeding law enforcement during a civil disorder. Defendant's charge arose after she smashed the window of a police car that was blocking protesters from walking onto the interstate during a 2020 Alabama protest against police brutality in the wake of George Floyd's death. The district court correctly denied defendant's motion to dismiss the indictment on the basis that the statute underlying her offense is unconstitutional. The jurisdictional element of the statute requiring that the civil disorder obstruct commerce is enough to limit the law's scope to constitutional applications. The criminalized act in the statute is sufficiently connected to interstate commerce. Defendant's actions required commercial vehicles to be rerouted as they transported hazardous materials. The statute does not violate the First Amendment. Affirmed.
Court: 11th Circuit, Judge: Brasher, Filed On: January 18, 2024, Case #: 21-13136, Categories: Obstruction, Civil Rights
J. McGee finds the lower court improperly granted a construction company’s motion for summary judgment in this negligence matter. A passenger in a vehicle that was involved in a one-vehicle collision filed suit against a construction company operating a worksite on the road in which the passenger was allegedly injured. The passenger signed a release, which the construction company claims prevents the passenger from filing suit against them, but the instant court finds that even though the release stated that it discharged all other persons and firms from all claims, the lower court should have considered the passenger’s intent at the time she entered into the release, which it did not. The instant court finds a genuine issue of material fact exists and the matter is remanded to the lower court for further consideration. Reversed.
Court: Tennessee Court of Appeals, Judge: McGee, Filed On: January 18, 2024, Case #: W2022-01144-COA-R3-CV, Categories: Negligence
J. Usman finds the lower court improperly dismissed a consumer’s complaint against a construction company. The consumer filed suit against the construction company claiming it violated their contract when it allegedly constructed concrete structures on his property without using rebar. The lower court ultimately dismissed the consumer’s complaint with prejudice for failure to prosecute, but two days prior to the lower court entering its written order, the consumer filed a notice to voluntarily nonsuit the matter. The construction company argues that the lower court’s oral ruling eliminated the consumer’s right to voluntarily nonsuit, but the instant court finds that a dismissal does not become final until the written order is entered, and the consumer maintains his right to voluntarily dismiss the case. Reversed.
Court: Tennessee Court of Appeals, Judge: Usman, Filed On: January 18, 2024, Case #: W2022-00256-COA-R3-CV, Categories: Civil Procedure, Construction, Contract
J. Horton finds the trial court properly decided the amount the property owner tendered to redeem her property from a tax foreclosure sale was insufficient. After the owner failed to cure the tax lien of more than $40,000, the property was sold in tax foreclosure. Evidence shows the owner's tender represents around 76 percent of the sum demanded by the statutory formula to redeem the property from the foreclosure sale. Affirmed.
Court: Texas Courts of Appeals, Judge: Horton , Filed On: January 18, 2024, Case #: 09-21-00387-CV, Categories: Property, Tax
J. Wilson finds the district court properly dismissed this insurance dispute for lack of jurisdiction. The Texas subsidiary of the covered parent company is the only involved entity with connections to Texas. The parent company is based in Connecticut, and its insurance policy with the Illinois-based insurance company was negotiated in New York. The Texas company exercised its forum shopping privilege beyond its scope. Affirmed.
Court: 5th Circuit, Judge: Wilson , Filed On: January 18, 2024, Case #: 23-50004, Categories: Insurance, Jurisdiction
J. Hudson finds the trial court properly convicted defendant for first-degree murder based on sufficient evidence. The fiancé of the victim testified that defendant, during an altercation at the victim's house, hit the victim with a baseball bat, and returned to the home several times while carrying a gun. Defendant shot the victim at a party soon after. Affirmed.
Court: Arkansas Supreme Court, Judge: Hudson , Filed On: January 18, 2024, Case #: CR-22-615, Categories: Evidence, Murder, Due Process
J. Hodge finds the superior court erred in awarding summary judgment to the holding company in a lawsuit from a citizen who slipped and fell on the vehicle ramp at a property the holding company leased but had sub-leased to the owner of the construction company occupying the property when the citizen fell. The superior court incorrectly concluded the holding company had no legal duty to the citizen, as it is unclear in the record whether they legally "possessed" the property such that they could have entered it and performed maintenance, making it unclear whether they could be on the hook for premises liability. The superior court's order is reversed and the case is remanded for further proceedings. Reversed.
Court: Virgin Islands Supreme Court, Judge: Hodge, Filed On: January 18, 2024, Case #: 2024 VI 8, Categories: Tort, Premises Liability
J. Seeger partially grants an Illinois county’s motion to dismiss a civil rights suit brought by a former county pretrial detainee. The county sheriffs assigned the detainee to a top bunk in a jail cell, despite a nurse’s order that he should be given a lower bunk due to his high blood pressure, and insulted the detainee when he protested. In his high bunk, the detainee suffered a grand mal seizure and had to be taken to the hospital. The court dismisses the state law claims the detainee subsequently brought against the county and its sheriffs, with leave to amend, but allows his ADA and Rehabilitation Act claims to move forward
Court: USDC Northern District of Illinois, Judge: Seeger, Filed On: January 18, 2024, Case #: 1:23cv3442, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Ada / Rehabilitation Act, Tort
J. Stabile finds that the lower court improperly sustained the preliminary objections of an ex-wife and dismissed a husband’s complaint with prejudice concerning the division of their property. The suit was dismissed on the ground that the husband must “hold title” to the property in question to proceed but that legal determination was erroneous. Vacated.
Court: Pennsylvania Superior Court, Judge: Stabile, Filed On: January 18, 2024, Case #: J-A19023-23, Categories: Civil Procedure, Family Law, Property
J. Gray finds that the trial court properly terminated the mother's parental rights to her child based on sufficient evidence to support the best interest finding. This includes the mother's drug use during pregnancy, failure to complete recommended services and failure to attend the final hearing. Affirmed.
Court: Texas Courts of Appeals, Judge: Gray, Filed On: January 18, 2024, Case #: 10-23-00261-CV, Categories: Evidence, Family Law
J. Grasz finds a lower court properly imposed restitution payments on a defendant who is serving a life sentence for two counts of first-degree murder. The defendant argued that the imposed monthly payments should not be deducted from his stimulus benefits. However, the government presented sufficient evidence in court that the funds are not exempt. Affirmed.
Court: 8th Circuit, Judge: Grasz, Filed On: January 18, 2024, Case #: 21-2533, Categories: Murder, Restitution