169 results for 'filedAt:"2024-02-14"'.
Per curiam, the circuit finds the district court properly denied the inmate's request for compassionate release. Convicted for drug trafficking conspiracy, the inmate suffers from numerous ailments stemming from his gunshot-caused paraplegia. He is wheelchair-bound and suffers from other life-threatening conditions, and the court made a substantial downward departure from the sentencing range of 135 to 162 months. The inmate had operated his drug trafficking enterprise while confined to a wheelchair and is correctly considered to remain a threat to the public. He has already received relief by the downward departure. Affirmed.
Court: 5th Circuit, Judge: Per curiam, Filed On: February 14, 2024, Case #: 23-30582, Categories: Drug Offender, Sentencing, Prisoners' Rights
J. Price partially grants the media conglomerate's motion to compel discovery and award sanctions against the online retailers. A discovery deadline is extended, since the individual defendants are currently out of the country on a vacation and have yet to sit for depositions. Any such depositions conducted in this extended period, however, will be unavailable for summary judgment purposes. A request for sanctions is denied. Various objections raised by the defendants to the discovery requests are overruled.
Court: USDC Middle District of Florida, Judge: Price, Filed On: February 14, 2024, Case #: 6:22cv2417, NOS: Copyrights - Property Rights, Categories: Copyright, Discovery
J. Gettleman partially grants an Illinois village and its mayor’s motions to dismiss numerous civil rights allegations brought by a community activist. The activist claims the mayor had a personal vendetta against her after she led protests over the police killing of a community member, and that the mayor also took steps to chill village residents’ free speech rights — up to and including deploying police in riot gear on peaceful protestors. The court dismisses the activist’s claim that the village violated the first six articles of the Illinois Constitution, and also dismisses the possibility of Monell damages against the mayor specifically. The rest of the activist’s claims stand.
Court: USDC Northern District of Illinois, Judge: Gettleman, Filed On: February 14, 2024, Case #: 1:23cv5670, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Constitution, Police Misconduct
J. Hicks grants the school district's motion to dismiss this bullying and discrimination complaint. Though the minor received accommodations at his elementary school, he was choked by a minor aggressor, who also chased him with a pencil, threatening to stab him. A Nevada court issued a protection order, which the guardian says the school failed to enforce. The guardian does not have standing to sue in her individual capacity. She also fails to state claims on her assertions of liability, negligence and discrimination, providing no detail regarding the alleged harassment.
Court: USDC Nevada, Judge: Hicks , Filed On: February 14, 2024, Case #: 3:23cv107, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Education, Restraining Order
J. O'Neil finds a lower court properly partly ruled in favor of a surviving spouse's wrongful death claims against a county. The surviving spouse argued that the county is not entitled to judicial immunity after it sent his wife, a constable, now deceased, to a residence of a violent offender to serve process, who shot and killed her. However, the lower court properly concluded that legislative immunity does not shield the county's decision to appoint the constable, but erred in deciding that her acts of service of a writ were not protected by judicial immunity. Reversed in part.
Court: Arizona Court Of Appeals Division One, Judge: O'Neil , Filed On: February 14, 2024, Case #: 2 CA-SA 2023-91, Categories: Employment, Immunity, Wrongful Death
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J. Rovner finds that the lower court properly convicted defendant of attempting to persuade a minor to engage in sexual activity. When considered as a whole, the jury instructions accurately summarized the law. Further, even if there were an error, the evidence against defendant was so overwhelming that it did not prejudice his case. Affirmed.
Court: 7th Circuit, Judge: Rovner, Filed On: February 14, 2024, Case #: 23-1542, Categories: Sex Offender, Child Victims, Jury Instructions
J. Sánchez grants a father’s motion for summary judgment against his son in this shareholder action concerning the family business, an air fragrance supplier. The father is a minority shareholder and the son is a majority shareholder who acted fraudulently and oppressively toward his father as the minority shareholder, abused his authority, and mismanaged the operations of the company.
Court: USDC Eastern District of Pennsylvania, Judge: Sánchez, Filed On: February 14, 2024, Case #: 2:21cv3984, NOS: Other Personal Injury - Torts - Personal Injury, Categories: Fraud, Business Practices, Contract
J. Nye grants one company's motion to compel and another's motion to modify the scheduling order in a contract dispute. There is good cause for granting a 120-day extension to all remaining scheduling order deadlines "with the expectation that further discovery will be limited in scope to resolve the issues of the additional material." The motion to compel is not procedurally deficient and is granted, but the deposition will be conducted remotely with a limited scope, and each deposition is not to exceed one hour.
Court: USDC Idaho, Judge: Nye, Filed On: February 14, 2024, Case #: 2:22cv399, NOS: Other Contract - Contract, Categories: Discovery, Contract
J. Gutierrez grants an insurance company's motion in limine in an insurance coverage dispute over groundwater contamination. The county asserts there were 18 separate occurrences that caused groundwater contamination. The insurer seeks to preclude the county from offering evidence relating to the county's claim for future policy benefits. The county "fails to provide...reasons for how its untimely disclosures were substantially justified and harmless." The county is precluded "from offering evidence or argument regarding its damages claim for future policy benefits."
Court: USDC Central District of California, Judge: Gutierrez, Filed On: February 14, 2024, Case #: 5:21cv1978, NOS: Insurance - Contract, Categories: Insurance
J. Golemon finds the trial court properly convicted defendant for promotion of prostitution. Defendant was arrested after engaging in online messages and meeting with a female undercover agent who had advertised sexual services as part of a sting operation. Though defendant did not pay for or offer to pay for sex, video and testimonial evidence shows he offered pimping services to the agent, promising her greater income and protection in exchange for an intimate relationship and half of her profits. Affirmed.
Court: Texas Courts of Appeals, Judge: Golemon , Filed On: February 14, 2024, Case #: 09-22-00141-CR, Categories: Evidence, Sex Offender, Prostitution
J. Klappenbach finds the board of review improperly denied the employee's claim for unemployment benefits. The portable building sales rep was put on commission-only pay status while she worked from home during the Covid-19 pandemic. Though the employer says the sales rep abandoned her position, no evidence supports she was directed to return to work on the premises. While evidence suggests the employer was displeased with the rep's results working from home, it did not implement changes. The evidence does not support the finding the employee quit. Reversed.
Court: Arkansas Court Of Appeals, Judge: Klappenbach , Filed On: February 14, 2024, Case #: E-22-608, Categories: Employment, Covid-19, Workers' Compensation
J. Gruber finds the trial court properly convicted defendant for possession of a controlled substance, sentencing her as a habitual offender. After defendant was stopped for expired tags, the officer smelled marijuana inside the car. He learned defendant's driver’s license was suspended and there was a search waiver on file. He then found a small bag of meth in the vehicle. Affirmed.
Court: Arkansas Court Of Appeals, Judge: Gruber , Filed On: February 14, 2024, Case #: CR-23-270, Categories: Drug Offender, Search, Vehicle
J. Altman dismisses the former employee's complaint alleging racial discrimination by her onetime employers. One of the entities listed as a defendant is not an actual legal entity, and the employee's complaint is a "shotgun pleading" which provides no specific allegations as to the nature of her allegedly unfair treatment and does not explain which defendant is responsible for which alleged harm. The employee has also failed to timely serve one of the remaining parties and to exhaust her administrative remedies.
Court: USDC Southern District of Florida, Judge: Altman, Filed On: February 14, 2024, Case #: 0:22cv60361-RKA, NOS: Employment - Civil Rights, Categories: Employment, Employment Discrimination
J. Barrett finds the county court improperly determined the biological father's consent was not required for his children to be adopted by their stepfather. While the biological father did not support his children and did not communicate with them, his contact with the children would have violated a protective order entered in favor of the mother. Also, the court directly affected the outcome by its failure to rule on a previous paternity petition and to set support and visitation. Reversed.
Court: Arkansas Court Of Appeals, Judge: Barrett , Filed On: February 14, 2024, Case #: CV-22-426, Categories: Family Law, Due Process, Restraining Order
J. Murphy finds the trial court improperly found the land surveyor breached a contract with the owner. The owner, who uses his land as a hunting club, sought the surveyor's services for a cabin construction project, then brought suit against the surveyor alleging he was inadvertently paid an inflated sum for work that was not performed. A preponderance of the evidence establishes the agreed work was something other than what the owner meant to have done. There is no evidence of a specific promise that was breached. Reversed.
Court: Arkansas Court Of Appeals, Judge: Murphy , Filed On: February 14, 2024, Case #: CV-22-554, Categories: Construction, Property, Contract
Per curiam, the appellate division finds that the lower court properly granted the oil company's motion to enforce the stipulation of settlement made in open court by counsel on behalf of their clients in a suit to recover damages sustained as a result of oil contamination to real property. The property owners failed to establish that their attorney did not have the authority to enter into the settlement on their behalf. Affirmed.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: February 14, 2024, Case #: 00760, Categories: Environment, Settlements, Tort
Per curiam, the appellate division finds that the lower court properly declined to dismiss labor law and age discrimination claims filed by a doctor against the hospital. The complaint adequately alleges that the hospital withheld a promised $96 for each shift during which the doctor performed medical evaluations on pre-admitted psychiatric patients, and that it paid his younger co-workers more for doing the same job. Affirmed.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: February 14, 2024, Case #: 00774, Categories: Employment, Employment Discrimination
J. Gordo finds the trial court improperly granted the insured prejudgment interest and denied the insurance company's motion for final summary judgment in the parties' lawsuit related to coverage of damages to the insured's home during Hurricane Irma. The insured is not entitled to prejudgment interest because her claim was never initially denied, as the company immediately provided coverage. The trial court's order is reversed with regard to the award of interest, and the order is dismissed as to the award of summary judgment. Reversed in part.
Court: Florida Courts Of Appeal, Judge: Gordo, Filed On: February 14, 2024, Case #: 22-1335, Categories: Insurance, Contract
Per curiam, the appeals court finds it is compelled to affirm the trial court's order vacating a previous order from a different judge dismissing the bank's foreclosure action against the homeowner for failure to prosecute, as there are no transcripts or other records to determine whether the trial court lacked authority to enter the vacatur order. Affirmed.
Court: Florida Courts Of Appeal, Judge: Per curiam, Filed On: February 14, 2024, Case #: 23-0819, Categories: Civil Procedure, Foreclosure
J. O'Connor denies, in part, a pilots' union's motion to dismiss a female pilot's discrimination action. She sufficient pleads her claims for sex discrimination and retaliation.
Court: USDC Northern District of Texas , Judge: O'Connor, Filed On: February 14, 2024, Case #: 4:23cv851, NOS: Railway Labor Act - Labor, Categories: Employment Discrimination, Employment Retaliation, Labor / Unions
J. Warner finds the lower court erred in denying a motion to abate and ordering a final judgment of foreclosure without the deceased mortgagor’s legal representative being present at the hearing. “Failure to substitute the proper representative or guardian nullifies subsequent proceedings.” All action after the death is invalid, and this case is remanded for further proceedings. Reversed.
Court: Florida Courts Of Appeal, Judge: Warner, Filed On: February 14, 2024, Case #: 4D2022-2647, Categories: Foreclosure
J. Pena conditionally grants in part this petition for a writ of mandamus, in which the relators challenge an order concerning a medical examination in the underlying personal injury suit. The lower court abused its discretion in requiring that the examination be recorded, as there was no good cause shown.
Court: Texas Courts of Appeals, Judge: Pena, Filed On: February 14, 2024, Case #: 13-23-00437-CV, Categories: Civil Procedure, Tort, Discovery
J. Doyle finds that the trial court properly convicted defendant of trafficking in more than 400 grams of cocaine and correctly denied defendant's motion for a new trial. Sufficient evidence was presented to support defendant's conviction, including body cam video evidence that defendant gave a response of disappointment and regret rather than surprise when the deputy found the cocaine in the vehicle's trunk. Defendant failed to show that his trial counsel's performance was deficient. Affirmed.
Court: Georgia Court of Appeals, Judge: Doyle, Filed On: February 14, 2024, Case #: A23A1317, Categories: Drug Offender, Ineffective Assistance
J. LaRose dismisses this appeal regarding real property between a pro se trustee and an enterprise company after the trial court granted the company’s motion for summary judgment because, in Florida, a trustee may not file on behalf of a trust pro se.
Court: Florida Courts Of Appeal, Judge: LaRose, Filed On: February 14, 2024, Case #: 2D22-2455, Categories: Property, Trusts