154 results for 'filedAt:"2024-02-09"'.
J. Oden Johnson finds that the lower court properly vacated a prior judgment in this family estate dispute, finding that the intervenors were necessary parties. The record shows there was no effort to notify the intervenors of the existence of the case prior to October 2021, which was the date judgment was entered for the son. Affirmed.
Court: Illinois Appellate Court, Judge: Oden Johnson, Filed On: February 9, 2024, Case #: 221667, Categories: Wills / Probate
J. Pratter abstains from making any determinations in this commercial dispute between one furniture cleaner’s allegations that former employees stole its trade secrets in order to create a competitor. The suing cleaning company is a key marital asset in an ongoing divorce proceeding between the owners, so this court cannot involve itself in such proceedings, and thus will stay the case.
Court: USDC Eastern District of Pennsylvania, Judge: Pratter, Filed On: February 9, 2024, Case #: 2:23cv2630, NOS: Defend Trade Secrets Act of 2016 (DTSA) - Property Rights, Categories: Family Law, Trade Secrets, Jurisdiction
J. Stoll finds that the patent trial and appeal board improperly ruled in this dispute over "electrically powered smoking articles that provide an inhalable substance in vapor or aerosol form" because evidence does not support the finding that "certain claims lack written description." Affirmed in part.
Court: Federal Circuit, Judge: Stoll, Filed On: February 9, 2024, Case #: 2022-1862, Categories: Patent
Per curiam, the Vermont Supreme Court finds the family court properly terminated the father’s parental rights to his children. The evidence supports the finding regarding the father not identifying any basis of weighing the court’s best interest of the children was inconsistent. Affirmed.
Court: Vermont Supreme Court, Judge: Per curiam, Filed On: February 9, 2024, Case #: 23-AP-296, Categories: Family Law, Guardianship
J. Gibbons finds that while the government constructively amended defendant's indictment on a murder-for-hire charge when it filed a superseding indictment without required language about death resulting from the crime, defendant's due process rights were not violated. The prosecution repeatedly mentioned the language and its corresponding increase in potential punishments, while defendant made clear throughout the trial he was aware of the crimes with which he was charged. Affirmed.
Court: 6th Circuit, Judge: Gibbons, Filed On: February 9, 2024, Case #: 22-1650, Categories: Criminal Procedure, Murder, Due Process
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Per curiam, the appellate division finds that the trial court properly convicted defendant of criminal sexual acts after he showed an underage victim pornographic videos and masturbated in front of her. Prosecutors exercised due diligence in turning over a copy of the 911 call from the victim's family since the initial information provided to prosecutors lacked information about the call. However, the imposition of consecutive sentences was unduly harsh. Affirmed in part.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: February 9, 2024, Case #: KA 22-01915, Categories: Evidence, Sentencing, Sex Offender
J. McNeill finds that the director of public works was improperly denied summary judgment based on immunity in claims brought after plaintiff tripped and fell on a public sidewalk because the director had no connection to the day-to-day workings of the subdivision tasked with repairing sidewalks. Reversed.
Court: Kentucky Court Of Appeals, Judge: McNeill, Filed On: February 9, 2024, Case #: 2023-CA-0110-MR, Categories: Immunity, Negligence
Per curiam, the appellate division finds that the trial court properly ruled for the estate in claims contending plaintiff developed an eye infection requiring surgical removal following cataract surgery. Medical experts testified that nursing staff failed to properly administer anti-inflammatory steroid eye drops and did not transfer plaintiff to an emergency department after infection set in. Affirmed.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: February 9, 2024, Case #: CA 22-01992, Categories: Experts, Medical Malpractice
J. Alley finds a lower court did not err in excluding video evidence of a man’s physical abilities after that man sued an oil company over a car accident and won at jury trial, claiming pain and physical impairment. The video was not introduced until after the discovery deadline, and while the oil company raises a number of arguments for why the video should nonetheless be allowed, including arguing the man “cannot be surprised by what he does at a worksite,” none of the arguments sufficiently justify allowing the video. Affirmed.
Court: Texas Courts of Appeals, Judge: Alley, Filed On: February 9, 2024, Case #: 08-23-00096-CV, Categories: Vehicle, Damages, Discovery
J. Bumatay finds that the district court properly denied a habeas corpus petition challenging defendant's Nevada conviction and death sentence for robbery, burglary, and the first-degree murder of his former girlfriend's father. Defendant claimed that the Antiterrorism and Effective Death Penalty Act’s (AEDPA) deferential standard applies to his right-to-present-a-complete-defense claim. Defendant waived this issue by not presenting it to the district court. Affirmed.
Court: 9th Circuit, Judge: Bumatay , Filed On: February 9, 2024, Case #: 16-99000, Categories: Death Penalty, Habeas, Murder
J. May finds that a clinic was properly denied summary judgment in negligent retention claims in which an injured patient contended the clinic retained a surgeon not fit to practice surgery. The clinic operated as a licensed professional per Iowa Code 668.11 and thus was not entitled to dismissal. Affirmed.
Court: Iowa Supreme Court, Judge: May, Filed On: February 9, 2024, Case #: 22-0576, Categories: Employment, Negligence
Per curiam, the court of criminal appeals finds that the lower court properly revoked defendant's probation as to the offense of second-degree assault, "for violating the terms of probation." Defendant does not challenge the sentence imposed on the second-degree assault conviction, though he correctly points out that the split sentence on his first-degree assault conviction was illegal. Accordingly, the revocation order based on that offense is void. Affirmed in part.
Court: Alabama Court of Criminal Appeals, Judge: Per curiam, Filed On: February 9, 2024, Case #: CR-2023-0112, Categories: Criminal Procedure, Probation, Assault
J. Nowell finds that the lower court improperly granted partial summary judgment to the trust in this family partnership dispute, regarding the heirs' claims "for judicial declarations that they are general partners" in the trust partnership. Accordingly, that part of the judgment must be remanded for further proceedings. The court also finds that the heirs failed to show "lost profit damages with reasonable certainty" and will vacate that paragraph of the final judgment. The judgment is otherwise modified and affirmed. Affirmed in part.
Court: Texas Courts of Appeals, Judge: Nowell, Filed On: February 9, 2024, Case #: 05-22-00445-CV, Categories: Civil Procedure, Real Estate, Trusts
J. McCool finds that the lower court properly convicted and sentenced defendant for capital murder. Contrary to defendant's argument, his second trial did not violate double jeopardy principles. The evidence does not show that the state "intentionally provoked" defendant into moving for a mistrial during the first trial. Also, the court concludes that "Section 9 does not bar retrial of a defendant" under the circumstances. Affirmed.
Court: Alabama Court of Criminal Appeals, Judge: McCool, Filed On: February 9, 2024, Case #: CR-21-0199, Categories: Criminal Procedure, Murder, Double Jeopardy
J. Joseph denies a request by the corporate operator of a community water system and its insurer to stay a potential class action by customers who allege they are being harmed by the company's failure to adhere to drinking water laws and regulations. Specifically, the ruling rejects the corporation's petition to refer the environmental suit's claims to the Louisiana Department of Health for the regulatory agency's opinion regarding whether the water the supplier provides is fit for human consumption. The argument that this case involves complex factual and scientific questions that are outside the court's conventional experience is unpersuasive.
Court: USDC Western District of Louisiana , Judge: Joseph, Filed On: February 9, 2024, Case #: 6:23cv401, NOS: Environmental Matters - Other Suits, Categories: Environment, Health Care, Experts
Per curiam, the appellate division finds that defendant was properly convicted of second-degree murder because allowing limited references to defendant's nickname, "Animal," did not constitute error since certain witnesses knew him by that moniker. Meanwhile, a police interview regarding an incident in which defendant possessed a box cutter undermined his argument the defendant had not possessed a weapon at the scene of the instant crime. Affirmed.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: February 9, 2024, Case #: KA 22-00358, Categories: Evidence, Murder
[Modified.] J. Miller modifies a citation with no change in judgment. The trial court must grant the Black defendant's request for an evidentiary hearing where the state must show race-neutral reasons for seeking the death penalty. He satisfied the two-prong test under the Racial Justice for All Act for a prima facie racial discrimination claim. For one prong, statistical evidence was sufficient to show that Riverside County has a historical pattern of racial inequality in seeking the death penalty. For the other prong, he provided evidence that nonminority defendants with prior records who were charged with multiple murders did not face the death penalty. So, the state must show why those similarly situated nonminority defendants did not face death. Vacated.
Court: California Courts Of Appeal, Judge: Miller, Filed On: February 9, 2024, Case #: E080924, Categories: Death Penalty, Murder, Equal Protection
J. Cartwright partially grants the Connecticut insurance company summary judgment against the New York insurance company's complaint that it has no duty to defend a third party in an underlying lawsuit, even as the Connecticut insurance company argues that the New York insurance company does not have a claim to any defense cost reimbursement. Previous Washington courts found that insurers can share defense costs equally, and the New York insurance company does not have a right to claim reimbursements for its defense costs because it was obligated to do so concurrently with the Connecticut insurance company.
Court: USDC Western District of Washington, Judge: Cartwright, Filed On: February 9, 2024, Case #: 2:22cv1114, NOS: Insurance - Contract, Categories: Insurance, Indemnification, Contract
J. McCool finds that the lower court properly convicted defendant for attempted murder and discharging a firearm into an occupied automobile, but it improperly sentenced him on the firearm conviction. Because discharging a firearm into an occupied vehicle is a Class B felony, his sentence to life imprisonment without the possibility of parole on that conviction was unlawful. Accordingly, the matter is remanded for a new sentencing hearing. Affirmed in part.
Court: Alabama Court of Criminal Appeals, Judge: McCool, Filed On: February 9, 2024, Case #: CR-2022-0934, Categories: Firearms, Murder, Sentencing
Per curiam, the Vermont Supreme Court finds the lower court properly denied the husband’s motions on previous orders in this parental rights and responsibilities case. He seeks a remand alleging bias of judge and numerous other arguments relating to the orders. Therefore, this case will not be remanded, and the father’s arguments will not need to be addressed since he failing to show bias evidence. Affirmed.
Court: Vermont Supreme Court, Judge: Per curiam, Filed On: February 9, 2024, Case #: 23-AP-246, Categories: Family Law
J. Lake grants, in part, a distribution company's motion for summary judgment in a contract action. It shows it had a valid credit agreement with the parties and provided $252,000 in goods, but did not receive payment.
Court: USDC Southern District of Texas, Judge: Lake, Filed On: February 9, 2024, Case #: 4:22cv4522, NOS: Other Contract - Contract, Categories: Damages, Contract
J. Duarte finds that the trial court erred in holding that the Privacy Rights Act of 2020 could not be enforced until one year after the Privacy Protection Agency finalized the promulgation of Act regulations. The Act does not mandate a one-year delay between approval of regulations and enforcement, even where the Agency failed to timely approve final regulations. Vacated.
Court: California Courts Of Appeal, Judge: Duarte, Filed On: February 9, 2024, Case #: C099130, Categories: Administrative Law, Privacy
J. Grimes finds that the trial court properly granted a judgment notwithstanding of the verdict to landlords after a jury found they were partially responsible for an attack by their tenant's pit bull dogs. No direct or circumstantial evidence was presented to show that they knew their tenant's dogs were dangerous. Affirmed.
Court: California Courts Of Appeal, Judge: Grimes, Filed On: February 9, 2024, Case #: B324831, Categories: Evidence, Negligence