152 results for 'filedAt:"2024-02-06"'.
J. Barnes recommends refusing to find for an electricity generator on a county’s claims arising from the Slater Fire, which was caused when a tree fell into the generator’s powerlines and resulted in multiple injuries and deaths. The county has sufficiently alleged the generator knew there was an extreme fire risk but did not deenergize its powerlines, despite acknowledging in a wildfire mitigation plan that deenergization was key to preventing wildfires.
Court: USDC Eastern District of California, Judge: Barnes, Filed On: February 6, 2024, Case #: 2:22cv1582, NOS: Torts to Land - Real Property, Categories: Energy, Indemnification
J. Wise finds that the trial court properly sided with the insurance companies in a dispute with a college over the lack of coverage for its losses allegedly resulting from Covid-19. The losses fall under the scope of the policy's exclusion, which identifies "virus" as a "pollutant or contaminant" that is not covered. Affirmed.
Court: Texas Courts of Appeals, Judge: Wise, Filed On: February 6, 2024, Case #: 14-22-00145-CV, Categories: Insurance, Property, Contract
J. Wise finds that the trial court properly awarded damages to the property owner on his trespass claim against a neighbor over his encroaching fence and debris. There is sufficient evidence that the neighbor committed trespass by refusing to allow the owner to move the fence and debris. Affirmed.
Court: Texas Courts of Appeals, Judge: Wise, Filed On: February 6, 2024, Case #: 14-22-00603-CV, Categories: Evidence, Property, Damages
J. Wise finds that the trial court improperly rendered judgment in favor of the appellee limited liability company after the appellant assignee did not appear at trial. The case should have been reinstated since the failure of the assignee's counsel to appear was due to illness. Reversed.
Court: Texas Courts of Appeals, Judge: Wise, Filed On: February 6, 2024, Case #: 14-23-00429-CV, Categories: Civil Procedure
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J. Rambin finds that the trial court properly ruled in favor of the decedent's son and his wife in a dispute with the decedent's widow regarding ownership of a 304-acre ranch. The widow's issues with the jury questions lack merit, and there was no abuse of discretion in limiting her voir dire inquiry. Affirmed.
Court: Texas Courts of Appeals, Judge: Rambin, Filed On: February 6, 2024, Case #: 06-22-00082-CV, Categories: Jury, Property, Contract
J. McFadden denies, in part, a university's motion to dismiss an expelled student's discrimination action. He adequately pleads his claims for racial discrimination and breach of implied covenant of good faith and fair dealing, and his contract claim for breach of his scholarship agreement.
Court: USDC District of Columbia, Judge: McFadden, Filed On: February 6, 2024, Case #: 1:23cv436, NOS: Education - Civil Rights, Categories: Civil Rights, Education, Contract
J. Stark finds defendant is not entitled to withdraw her no-contest plea leading to a judgment of conviction for conspiracy to deliver more than 50 grams of methamphetamine and a sentence of 12 years' confinement and 15 years' supervision. Even though the circuit court's plea colloquy was defective because it never corrected false information defendant received from her counsel saying she faced a potential maximum sentence of 46 years instead of the 40 years she actually faced under the terms of her plea agreement, defendant's plea was knowing, intelligent and voluntary because she understood the potential punishment she faced despite being told she may receive a sentence not substantially higher than was actually possible. Affirmed.
Court: Wisconsin Court of Appeals, Judge: Stark, Filed On: February 6, 2024, Case #: 2022AP000199-CR, Categories: Drug Offender, Plea
Per curiam, the circuit finds the district court properly sentenced defendant to 24 months in prison after revoking his term of supervised release based on sufficient evidence. In violation of his supervised release terms, defendant broke into his pregnant ex-girlfriend's residence and assaulted her, pointed a gun at her head and threatened to kill her. He also broke into her home when she was not there and sent her texts with photos of himself inside, threatening to harm her and burn the home down. Affirmed.
Court: 5th Circuit, Judge: Per curiam, Filed On: February 6, 2024, Case #: 23-10142, Categories: Probation, Assault, Terrorism
J. Tunheim partially denies the insurers' motion for summary judgment and grants, sua sponte, summary judgment to the printer in the printer's suit seeking coverage for damages stemming from the failure of press pads installed in its rented printing facility. The printer did not have an obligation to preserve the insurers' subrogation rights since the insurers did not make any payments under their policies, and whether or not the insurers were relying on a promise from the printer, such reliance would not have been reasonable. The insurers' equitable estoppel defense is therefore dismissed.
Court: USDC Minnesota, Judge: Tunheim, Filed On: February 6, 2024, Case #: 0:22cv1151, NOS: Insurance - Contract, Categories: Insurance, Contract
J. Benton finds a lower court properly sentenced a defendant to 123 months in prison and three years probation for distributing cocaine. The defendant, who signed a plea agreement, argued that his sentence is unreasonable. However, the government presented sufficient evidence in court that it varied upward based on his criminal history and a previous arrest for possessing cocaine alongside a loaded firearm. Affirmed.
Court: 8th Circuit, Judge: Benton, Filed On: February 6, 2024, Case #: 23-1514, Categories: Drug Offender, Firearms, Sentencing
J. Davenport finds that the lower court properly found for the Treasurer, ruling he was not required to refund the delinquent tax purchaser's petition costs because the petition costs were not posted to the tax judgment, sale, redemption and forfeiture record due to the property owners' bankruptcies. Affirmed.
Court: Illinois Appellate Court, Judge: Davenport, Filed On: February 6, 2024, Case #: 220134, Categories: Property, Tax
J. Lopez grants a credit union's motion to compel arbitration concerning a customer's claims that it failed to provide disclosures of credit transactions. The customer has not provided any evidence to show that his physical signature on the arbitration agreement is inauthentic or forged. Furthermore, the credit union provided evidence that included a scanned image of the customer's driver's license showing the customer's handwritten signature from the day he opened an account with the union.
Court: USDC Southern District of California, Judge: Lopez, Filed On: February 6, 2024, Case #: 3:23cv533, NOS: Consumer Credit - Other Suits, Categories: Arbitration, Banking / Lending
J. Conley grants summary judgment to Target in a lawsuit from an intellectual property transfer company claiming Target violated six of its patents for technology to help customers locate products in a store using computerized systems. Because all of the patents in question are directed to the same abstract idea of "collecting, analyzing, retrieving and displaying information," and nothing else about the patent claims make them into something more than abstract ideas, the company's arguments fail. The company's motion for partial summary judgment is denied, and its other motions to strike, for claims construction and for a claims construction hearing are denied as moot.
Court: USDC Western District of Wisconsin, Judge: Conley, Filed On: February 6, 2024, Case #: 3:22cv425, NOS: Patent - Property Rights, Categories: Patent
Bishop finds the district court properly granted a son and his wife's motion for summary judgment in a property dispute precipitated by the father's death and will interpretation, which led to siblings' filing an action to partition parcels of property, terminate severed mineral interests and quiet title involving a half-interest the mother sold to the son. There is no genuine issue of material fact regarding the siblings' claim of undue influence. Affirmed.
Court: Nebraska Court Of Appeals, Judge: Bishop , Filed On: February 6, 2024, Case #: A-23-172, Categories: Property, Real Estate, Wills / Probate
J. Higginson finds the trial court improperly sentenced defendant for his guilty plea conviction on charges of conspiracy to possess with intent to distribute meth. Though defendant completed pretrial drug treatment, he also tested positive for drugs and was arrested for possession. The government breached the plea agreement clause promising to recommend a reduction for acceptance of responsibility as a penalty for his breach of the pretrial release conditions. Though the sentence was within guidelines, the government has failed to rebut the presumption that its breach affected the fairness and integrity of the proceedings. Vacated.
Court: 5th Circuit, Judge: Higginson , Filed On: February 6, 2024, Case #: 22-50872, Categories: Drug Offender, Sentencing, Due Process
J. Rowe finds the court of appeals improperly reversed the trial court's finding the terminally ill patient's request for revocation of life support is weighed by the clear and convincing standard of proof. The appeals court found the proper standard to be preponderance of the evidence. The Oklahoma Advance Directive Act requires the advance directive for health care be honored during the patient's incapacity without court involvement. The trial judge properly weighed the evidence, which supported his judgment. An incapacitated or incompetent person retains the legal right to revoke their advance directive. Vacated.
Court: Oklahoma Supreme Court, Judge: Rowe , Filed On: February 6, 2024, Case #: 120500, Categories: Evidence, Health Care, Wills / Probate
J. Pfeiffer finds that the lower court improperly calculated child support owed by the father without including any childcare costs in the calculation. It is unclear whether the trial court considered that childcare expenses would be significantly affected by its parenting plan awarding every other month 50/50 custody to both parents. Reversed.
Court: Missouri Court Of Appeals, Judge: Pfeiffer, Filed On: February 6, 2024, Case #: WD86394, Categories: Family Law
J. Osteen partially denies the Department of Veterans Affairs’ motion to dismiss allegations of disability discrimination and retaliation brought by a former program support assistant. While the assistant fails to state a claim for retaliation, the evidence she produces is sufficient to bring a discrimination claim. The department created a new position similar to hers requiring a graduate degree, of which she has three, but hired someone who was not college-educated instead. The assistant argues this is because of the department’s prejudice against her based on the atrophy of the left side of her body due to a stroke.
Court: USDC Middle District of North Carolina, Judge: Osteen, Filed On: February 6, 2024, Case #: 1:23cv8, NOS: Employment - Civil Rights, Categories: Civil Rights, Employment, Employment Discrimination
J. Peterson finds that the trial court properly convicted defendant of murder, aggravated assault and firearm offenses. Sufficient evidence was presented to support defendant's convictions, including evidence that defendant apologized to the victim's mother for shooting him. Affirmed.
Court: Georgia Supreme Court, Judge: Peterson, Filed On: February 6, 2024, Case #: S23A1166, Categories: Murder
J. Colvin finds that the trial court properly convicted defendant of murder, cruelty to children and battery. The trial court correctly denied defendant's motion for a directed verdict and did not commit any error by excluding evidence of the co-defendant's drug use. Sufficient evidence was presented to support defendant's convictions, including evidence that defendant and his co-defendant were the one-year-old victim's only caretakers at the time she suffered fatal, non-accidental injuries. The trial court also correctly refused to give defendant's requested jury charge on grave suspicion because the charge was already covered by other instructions. Defendant failed to show that his trial counsel performed deficiently. Affirmed.
Court: Georgia Supreme Court, Judge: Colvin, Filed On: February 6, 2024, Case #: S23A1205, Categories: Murder, Child Victims
J. Pratt finds for patients regarding jurisdiction in privacy and contract claims because the hospital is a private hospital, not a federal actor, and the case concerns managing the patient portal.
Court: USDC Southern District of Indiana, Judge: Pratt, Filed On: February 6, 2024, Case #: 1:23cv1080, NOS: Other Statutory Actions - Other Suits, Categories: Privacy, Venue, Contract
J. Mollway rules on several motions in limine in a lawsuit over the state reverting a property from urban to agricultural use and preventing a developer from using it. For example, several motions related to evidence of the developer’s contractual damages are granted as they are irrelevant to its taking claims. Motions and evidence that remains include information about the reverting order and testimony about the property value.
Court: USDC Hawaii, Judge: Mollway, Filed On: February 6, 2024, Case #: 1:17cv113, NOS: All Other Real Property - Real Property, Categories: Government, Property, Zoning