137 results for 'filedAt:"2024-02-02"'.
J. Thrash partially rules in favor of the consultant in a breach of contract and conversion action brought by the real estate development company. The property agreement is unenforceable because it does not include a specific time frame in which the company had to exercise its purchase option. However, a genuine issue of fact exists as to whether the real estate developer and the company exhausted all of the money in a fund by a certain date. An issue of fact also exists as to whether the consultant owes the company money from an investment in a Mexican tour by the band Deep Purple.
Court: USDC Northern District of Georgia, Judge: Thrash, Filed On: February 2, 2024, Case #: 1:21cv5155, NOS: Other Contract - Contract, Categories: Contract
J. May finds that the owner of a cow was properly granted summary judgment after the cow strayed onto the highway and was hit by a truck because the driver failed to produce evidence indicating the cow owner failed to maintain his fence or that his negligence allowed the cow to escape onto the road. Affirmed.
Court: Iowa Supreme Court, Judge: May, Filed On: February 2, 2024, Case #: 22-1337, Categories: Negligence
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J. Fenn finds that the lower court properly convicted defendant of sexual assault. He claims that the lower court improperly allowed evidence that related to how defendant began a sexual relationship with the victim when the victim was still a minor, but such evidence is admissible under the law and the lower court carried out all the proper hearings to allow it. Affirmed.
Court: Wyoming Supreme Court, Judge: Fenn, Filed On: February 2, 2024, Case #: S-23-0116, Categories: Sex Offender, Child Victims
J. Gregory finds the lower court improperly convicted the doctor on 861 counts of the unauthorized prescription of opioids. The government misstated the law in the jury instructions by failing to state that the doctor could only be convicted if he knew that his conduct in prescribing opioids to substance abusers was unauthorized. Vacated.
Court: 4th Circuit, Judge: Gregory, Filed On: February 2, 2024, Case #: 19-4761, Categories: Drug Offender, Jury Instructions
J. Schuman finds the lower court properly dismissed the inmate's petition for a writ of habeas corpus on ineffective assistance claims related to plea negotiations. His testimony that he would have accepted a plea deal in his murder case with better advice from his attorney was belied by the record, which showed on cross-examination he vehemently denied committing the crimes at least six times and vowed he would not "admit to something that he did not do." Affirmed.
Court: Connecticut Court Of Appeals, Judge: Schuman, Filed On: February 2, 2024, Case #: AC46191, Categories: Habeas, Ineffective Assistance, Plea
Per curiam, the Seventh Circuit denies defendant's request that the court lift his bar on filing any further litigation attacking his conviction to allow him to move for compassionate release. Defendant has no need for such an order as the court's prior sanction does not bar him from filing a motion for a sentence reduction.
Court: 7th Circuit, Judge: Per curiam, Filed On: February 2, 2024, Case #: 21-1154, Categories: Criminal Procedure, Sentencing
Per curiam, the circuit finds the trial court improperly convicted defendant for aggravated battery. Defendant says he has been subject to double jeopardy as he has had three trials. His first trail resulted in a hung jury and mistrial, while the second trial was declared a mistrial due to juror scheduling issues. Though the third trial resulted in a conviction, the court erroneously declared the second mistrial based on juror availability, as juror scheduling conflicts do not rise to the level of legitimate unavailability allowing for a mistrial. Reversed.
Court: 5th Circuit, Judge: Per curiam, Filed On: February 2, 2024, Case #: 23-30086, Categories: Jury, Battery, Due Process
J. Cobbs finds that the lower court properly granted the state's motion to deny defendant pretrial release on the charge of unlawful use of a weapon by a felon. Defendant is a four-time convicted felon and the state reasonably argues that his violent past coupled with his possession of a gun with a live round in the chamber and resisting arrest makes him a danger to the public. Affirmed.
Court: Illinois Appellate Court, Judge: Cobbs, Filed On: February 2, 2024, Case #: 232164, Categories: Bail
J. Schofield dismisses all but the breach of contract claim against the packaging company over its cancellation of the parties' contract after a dispute over the pharmaceutical company's requests for "true-up" compensation. The complaint adequately alleges that the packaging company never objected to true-up payments when they were in its favor, but failed to honor the agreement when it was expected to repay monies received.
Court: USDC Southern District of New York, Judge: Schofield, Filed On: February 2, 2024, Case #: 1:23cv1825, NOS: Other Contract - Contract, Categories: Health Care, Contract
J. Green finds a lower court properly imposed 26 convictions on a defendant for sexual exploitation of a child. The defendant argued that the State lacked sufficient evidence in court that he actually downloaded child pornography on a device via zip filer. However, the error does not affect the jury's guilty verdict based on the amount of child pornography content in his recycle bin. Affirmed.
Court: Kansas Courts Of Appeal, Judge: Green, Filed On: February 2, 2024, Case #: 125064, Categories: Evidence, Child Pornography
J. Harris finds the trial court improperly dismissed the insured's class action against State Farm over coverage for water damages her home sustained from an overflowing sink. The statutory limitation the trial court cited does not preclude the insured's claim for interest payments under her policy, and the case is remanded to the trial court for further proceedings. Reversed.
Court: Florida Courts Of Appeal, Judge: Harris, Filed On: February 2, 2024, Case #: 23-0243, Categories: Insurance, Class Action, Contract
[Consolidated.] J. Freudenberg finds the Nebraska Supreme Court lacks jurisdiction over the county court's dismissal of this business dispute. The partner in the home healthcare business filed suit against the other partner alleging fraud, corporate waste, embezzlement and threatening behavior toward employees. No claims appealed here were adjudicated by the court's order, which involved enforcement of one partner's vote expelling the other as a member of the LLC. The court did not enter judgment and did not make a determination that there was no just reason to delay appellate review of its decision abating and dismissing the complaint.
Court: Nebraska Supreme Court, Judge: Freudenberg , Filed On: February 2, 2024, Case #: S-23-157, Categories: Fraud, Due Process, Jurisdiction
J. Papik finds the district court improperly found the property owner in contempt. In this decades-long dispute over two owner's rights to divert water from neighboring tracts of farmland, one owner filed the contempt action alleging the other owner willfully violated a consent judgment by raising the elevation level along the property line, causing water to pool on the neighboring farm. The consent judgment conferred no obligations on the one owner, and the other lacked standing to pursue the contempt action. Vacated.
Court: Nebraska Supreme Court, Judge: Papik , Filed On: February 2, 2024, Case #: S-23-329, Categories: Agriculture, Contempt, Property
J. Baylson grants in part a borough’s motion for summary judgment in this negligence case surrounding police officers’ high-speed pursuit of a citizen who, while fleeing police, struck another vehicle, killing one passenger on impact and causing another to suffer a serious brain injury. The police officers are entitled to summary judgment because they did not intend to harm the passengers while pursuing the fleeing suspect.
Court: USDC Eastern District of Pennsylvania, Judge: Baylson, Filed On: February 2, 2024, Case #: 2:22cv1695, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Immunity, Negligence
J. DuBow finds that the lower court improperly transferred the venue of a Walmart contractor’s slip-and-fall case, arising from her falling on a slippery substance at a distribution center, from Philadelphia County to Lehigh County based on forum non conveniens. The court was obligated to cater to the contractor’s choice of forum as Walmart did not prove its witnesses who would allegedly be burdened by having to travel to Philadelphia were key to their defense. Reversed.
Court: Pennsylvania Superior Court, Judge: DuBow, Filed On: February 2, 2024, Case #: J-A26012-23, Categories: Civil Procedure, Tort, Venue
Per curiam, the appellate division finds that the trial court properly granted a petition seeking to annul approval of a plan to reconfigure the viaduct portion of an interstate highway over environmental concerns. The officials took the requisite "hard look" at air quality and stormwater management, and the groups failed to establish they had a "clear legal right" to relief. Affirmed.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: February 2, 2024, Case #: CA 23-00388, Categories: Environment, Agency
Per curiam, the appellate division finds that the trial court improperly convicted defendant of second-degree bail jumping because a prospective juror expressed indecisiveness and made comments indicating she could not render an impartial verdict, while the prosecutor failed to timely disclose three transcripts and turn over certain case notes. Reversed.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: February 2, 2024, Case #: KA 22-01228, Categories: Jury, Bail, Discovery
J. Moody grants a hospital food producer’s motion for summary judgment against claims of wrongful death filed by a grandmother’s surviving family members, who were unable to prove her death was due to eating defective, high-sodium food.
Court: USDC Eastern District of Arkansas , Judge: Moody, Filed On: February 2, 2024, Case #: 4:22cv995, NOS: Personal Injury - Product Liability - Torts - Personal Injury, Categories: Evidence, Product Liability, Wrongful Death
Per curiam, the appellate division finds that the trial court improperly convicted defendant of predatory sexual assault against a child. Some of the defendant's arguments were not properly preserved, and witness testimony was sufficient to establish guilt. However, the court should not have permitted the prosecutor's method of reviewing law enforcement disciplinary records. Reversed in part.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: February 2, 2024, Case #: KA 22-00360, Categories: Sex Offender, Child Victims, Discovery
Per curiam, the appellate division finds that the trial court properly dismissed third-party claims contending a subcontractor failed to provide a safe work site in underlying workplace accident claims because the subcontractor did not direct, supervise, or control the employee's work on the site and did not have a contract with the school district or campus. Affirmed.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: February 2, 2024, Case #: CA 22-01252, Categories: Construction, Negligence