131 results for 'filedAt:"2024-02-05"'.
J. Rowland grants a bank’s motion to dismiss a defamation claim brought by the former estate manager for a deceased account holder. A bank employee allegedly filed documents with a trust firm accusing the former estate manager of using her power of attorney on behalf of her mother to appoint herself as her mother’s primary estate beneficiary upon death. The former estate manager denies this is the case and claims defamation over the issue, but the court finds she has provided insufficient evidence to back up her claim.
Court: USDC Northern District of Illinois, Judge: Rowland, Filed On: February 5, 2024, Case #: 1:21cv1361, NOS: Assault, Libel, & Slander - Torts - Personal Injury, Categories: Wills / Probate, Defamation, Banking / Lending
J. Gaitas affirms the district court's grant of summary judgment to the insurer in its declaratory-judgment action concerning its coverage obligations for hail damage to its insureds' roof. The insureds have not shown that an exclusion of coverage for overhead and profit in their policy violate a Minnesota statute requiring insurers to cover repairs to roof decking associated with repairs to covered shingles. Affirmed.
Court: Minnesota Court Of Appeals, Judge: Gaitas, Filed On: February 5, 2024, Case #: A23-0519, Categories: Insurance, Contract
J. Larson partially affirms the defendant's convictions for first-degree criminal sexual conduct. The infliction of bodily harm alone is sufficient to prove "force" for the purpose of such convictions, regardless of whether that harm caused a victim to submit to penetration. The state, however, charged the defendant for the same act of criminal sexual conduct under two alternative theories, and one of the defendant's two convictions must therefore be vacated. Affirmed in part.
Court: Minnesota Court Of Appeals, Judge: Larson, Filed On: February 5, 2024, Case #: A23-0200, Categories: Sex Offender, Double Jeopardy
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J. Brennan finds that the lower court properly found for the volleyball club owners in a class action accusing them of hiding previous claims of sexual abuse, but also imposed sanctions on them for communicating with class members in a manner "potentially coercive." The $20,000 attorneys fees award was properly calibrated to compensate the players for time spent dealing with this misconduct, and the $5,000 civil penalty aligns with precedent. Affirmed.
Court: 7th Circuit, Judge: Brennan, Filed On: February 5, 2024, Case #: 22-2944, Categories: Sanctions, Tort, Class Action
J. Brnovich grants the state's motion to dismiss a mother's negligence claims against the department of child services. The department of child services, which has qualified immunity, sufficiently showed in court that the mother failed to properly serve it, and that its investigation into claims that she molested her child did not violate her civil rights.
Court: USDC Arizona, Judge: Brnovich, Filed On: February 5, 2024, Case #: 2:23cv770, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Family Law, Immunity
J. Gleason denies the state's amended motion for stay regarding a proposed class' allegations that the state did not respond to Supplemental Nutrition Assistance Program (SNAP) applicants within the required timeframe or denied applicants the right to apply for SNAP benefits the first time they contacted the agency. The state asserts that it has "demonstrated commitment to resolving the backlog" in processing SNAP applicants while the case has been stayed. "Further delaying the resolution of this issue could cause potential damage to the proposed class members."
Court: USDC Alaska, Judge: Gleason, Filed On: February 5, 2024, Case #: 3:23cv44, NOS: Other Statutory Actions - Other Suits, Categories: Government, Class Action
Per curiam, the circuit finds the district court properly found for Louisiana Tech on a doctoral student's discrimination and due process claims arising from her resignation from the program after the faculty reviewed her research paper as poor. There is no evidence the university failed to investigate the student's due process complaint, or that it acted in bad faith in conducting its review. Affirmed.
Court: 5th Circuit, Judge: Per curiam, Filed On: February 5, 2024, Case #: 23-30504, Categories: Education, Due Process, Employment Discrimination
[Consolidated.] J. Belsome finds that the trial court should not have quashed the bill of indictment issued against defendant for the charges of armed robbery with a firearm and attempted second degree murder. Defendant, who was 17 years old when the crimes were allegedly committed, was originally charged in the juvenile court when the state filed the bill of indictment in criminal district court. Under statute, jurisdiction of the crimes was properly divested from juvenile court. Reversed in part.
Court: Louisiana Court Of Appeal, Judge: Belsome, Filed On: February 5, 2024, Case #: 2023-KA-0585, Categories: Juvenile Law, Jurisdiction
J. Whitehurst grants an award of $5,000 in attorney fees and costs to a motorist and against a rental car business and a claims adjuster for allegedly stonewalling his requests for information in his car collision case. Their “egregious use of boilerplate objections" and failure to provide a useful privilege log, among other things, resulted in the litigant’s counsel’s expenditure of 23 hours of unnecessary legal work. As result, he did not learn the identity of the responsible insurer until more than one year after filing suit.
Court: USDC Western District of Louisiana , Judge: Whitehurst, Filed On: February 5, 2024, Case #: 6:23cv32, NOS: Motor Vehicle - Torts - Personal Injury, Categories: Insurance, Attorney Fees
J. Lynch finds the lower court properly granted the city's motion for summary judgment because the widening of an intersection was a valid exercise of the town's governmental power that prevents the power company from seeking any reimbursement for expenses related to its moving of various power lines and other equipment. Affirmed.
Court: Ohio Court Of Appeals, Judge: Lynch, Filed On: February 5, 2024, Case #: 2024-Ohio-399, Categories: Government, Property
J. Gujarati dismisses a citizen’s civil rights complaint that alleges New York City violated his First Amendment rights when it denied his request to paint “All Lives Matter” on a city street in Brooklyn as a way to respond to the city’s decision to paint “Black Lives Matter” in yellow paint on the street outside Trump Tower in the summer of 2020. The court finds the city’s decision to deny his request constitutes protected government speech, which is not subject to First Amendment scrutiny.
Court: USDC Eastern District of New York, Judge: Gujarati, Filed On: February 5, 2024, Case #: 1:21cv6897, NOS: Other Civil Rights - Civil Rights, Categories: First Amendment
J. Ellison denies, in part, a bank's motion to dismiss a borrower's foreclosure-related action. He sufficiently alleges his claims for breach of post-foreclosure contract, fraud by nondisclosure and promissory estoppel.
Court: USDC Southern District of Texas, Judge: Ellison, Filed On: February 5, 2024, Case #: 4:23cv1092, NOS: All Other Real Property - Real Property, Categories: Property, Banking / Lending, Contract
J. Huffaker grants summary judgment for the insurance company in this liability insurance dispute seeking a declaration that it has no obligation to defend a builder and its subcontractors for faulty construction. The conditions for coverage under the contractor’s special conditions endorsement in the policy were not met, it does not provide a defense against the homeowners’ claims. The policy plainly excludes coverage for tract housing residences of 25 or more houses with the same characteristics and there were at least 100 houses built by the builder. The insurance company is not required to defend the homeowners claims and they are dismissed without prejudice. The court denies as moot the insurer’s motion to strike certain documents and photographs.
Court: USDC Middle District of Alabama, Judge: Huffaker, Filed On: February 5, 2024, Case #: 2:19cv848, NOS: Insurance - Contract, Categories: Evidence, Insurance
J. Rosenthal denies, in part, two deputies' motion to dismiss a driver's civil rights claims following his arrest. He has sufficiently alleged his claims for excessive force and punitive damages.
Court: USDC Southern District of Texas, Judge: Rosenthal, Filed On: February 5, 2024, Case #: 4:23cv302, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Damages, Police Misconduct
J. Kobayashi partially dismisses an asylee’s claims that the city discriminated against him in denying his applications to renew his Hawaii driver’s license, finding that there was no connection between his national origin and the denial. The asylee’s asylum application was pending when he also attempted to renew the driver’s license, leading to the denial, which was based more on federal regulations than discrimination. The city did offer him a limited purpose license, so he was not completely denied access to identification.
Court: USDC Hawaii, Judge: Kobayashi, Filed On: February 5, 2024, Case #: 1:23cv429, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Government, Licensing
J. Mathias finds that the trial court properly ruled in property damage claims stemming from a helicopter crash because evidence indicates the helicopter had been delivered in good working condition and that the crash resulted from engine failure following maintenance. Since the helicopter was returned in worse condition, plaintiff was entitled to damages equal to the value of the aircraft. Affirmed.
Court: Indiana Court Of Appeals, Judge: Mathias, Filed On: February 5, 2024, Case #: 23A-MI-1987, Categories: Property, Damages, Negligence
J. Blumenfeld Jr. grants the driver $1 million in attorney fees after a jury awarded him $150,000 on his claim that the city's police officers used excessive force when they pointed their guns on him as he lay prone on the ground and complied with all orders. The driver requests $1.3 million in attorney fees, but he asks for the higher end of the hourly rate range for one of his attorneys which is not justified, so the amount is reduced accordingly.
Court: USDC Central District of California, Judge: Blumenfeld Jr., Filed On: February 5, 2024, Case #: 2:22cv2640, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Attorney Fees