173 results for 'filedAt:"2024-02-15"'.
J. Jewell finds that defendant was properly given consecutive 15-year sentences after pleading guilty to two counts of intoxication manslaughter for an incident in which she killed two people in an auto accident after she had consumed alcohol. Defendant argued that the trial court erred by admitting her "post-Miranda statements" to officers that she made while being treated at a hospital because they implied a lack of remorse, but the record does not indicate the disputed evidence likely caused the jury to give her a harsher sentence. Affirmed.
Court: Texas Courts of Appeals, Judge: Jewell, Filed On: February 15, 2024, Case #: 14-22-00884-CR, Categories: Evidence, Dui, Manslaughter
J. Christopher finds that defendant was properly convicted of felony murder for an incident in which he stole a tow truck and pinned its driver between the tow truck and a repossessed vehicle, before running him over. There was sufficient evidence to support both elements of the offense, and this includes defendant admitting that he committed unauthorized use of a motor vehicle and witness testimony of the victim being pinned between the vehicles. Affirmed.
Court: Texas Courts of Appeals, Judge: Christopher, Filed On: February 15, 2024, Case #: 14-23-00126-CR, Categories: Evidence, Murder, Vehicle
J. Howard reverses the trial court's denial of a woman's petition to adopt her cousin. Contrary to the trial court's finding, custody of the child six months before an adoption becomes final is not a prerequisite to filing an adoption petition. Vacated.
Court: DC Court of Appeals, Judge: Howard, Filed On: February 15, 2024, Case #: 22-FS-0647 , Categories: Family Law, Guardianship
J. Dennis finds the district court properly granted the hardware company's motion to dismiss the breach of contract claim. The furniture designer licensed designs to the company, then discovered it was using artisan resources she had divulged after the company orally promised to not use them for anything other than the licensed designs. The oral agreement was an unenforceable agreement to agree, conditioned on the company's manufacture of unlicensed products with the artisans and both parties reaching a mutual agreement on compensation. The only detriment suffered by the designer was an opportunity to negotiate for future compensation. Affirmed.
Court: 5th Circuit, Judge: Dennis , Filed On: February 15, 2024, Case #: 22-30277, Categories: Licensing, Contract
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J. Dennis finds the district court properly granted summary judgment to Raytheon on a former systems engineer's allegations of retaliation for his reporting of misrepresentations the company allegedly made involving the recalibration of a radar system. Certain case law bars review of claims implicating the merits of Raytheon's decision to revoke the engineer's security clearance, and the circuit lacks jurisdiction over those claims. The employee has not cited any specific facts he needed and was prevented from discovering that would create a dispute of material fact as to whether the action was materially adverse. Affirmed.
Court: 5th Circuit, Judge: Dennis , Filed On: February 15, 2024, Case #: 21-11060, Categories: Fraud, Government, Contract
J. Wood finds that the lower court properly convicted defendant of drug trafficking after police had a K9 search around his car during a traffic stop. The police officer did not unconstitutionally prolong the stop to conduct the dog sniff as he did not have to wait for a colleague to show up with the dog and already had a drug-sniffing dog with him. Affirmed.
Court: 7th Circuit, Judge: Wood, Filed On: February 15, 2024, Case #: 22-2932, Categories: Drug Offender, Search
J. Velez-Rive vacates a default judgment granted to the employee against the employer. The employee has not proven that he properly served the employer, the employer has provided a satisfactory explanation for its failure to timely appear, and there are exceptional circumstances warranting setting aside the judgment. The employee has also not shown that vacating the judgment would prejudice him.
Court: USDC Puerto Rico, Judge: Velez-Rive, Filed On: February 15, 2024, Case #: 3:18cv1075, NOS: Employment - Civil Rights, Categories: Employment, Due Process
Per curiam, the appellate division finds that the lower court properly denied Con Edison's motion to dismiss a counterclaim for an accounting in a breach of contract action seeking money damages allegedly owed to Con Edison. The accounting was a reasonable request to determine the amount owed. Affirmed.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: February 15, 2024, Case #: 00800, Categories: Energy, Contract
Per curiam, the appellate division finds that the lower court properly granted, in part, the inmate's application for pre-action disclosure seeking video recordings of the subject inmate attack at Rikers Island, and the identity of the prison staff members on duty on the date of the incident. The information is necessary for the inmate's potentially viable claims, especially given that the attack left the inmate with a brain injury that rendered him unable to communicate the details of the incident. Affirmed.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: February 15, 2024, Case #: 00823, Categories: Discovery, Prisoners' Rights
J. Roman grants the county's motion to dismiss due process and malicious prosecution claims filed by a prison guard who was accused of fraud after she applied for disability benefits based on a slip-and-fall on the job, but failed to disclose to the medical examiner that she regularly rode horses in local barrel racing competitions. The guard cannot show a special injury resulting from the county's pursuit of its fraud claims or that she was denied due process in any cognizable property interest.
Court: USDC Southern District of New York, Judge: Roman, Filed On: February 15, 2024, Case #: 7:19cv8931, NOS: Other Civil Rights - Civil Rights, Categories: Malicious Prosecution, Due Process
J. Golemon finds the trial court properly appointed the intervening foster parents as permanent managing conservators with the right to designate the child's primary residence after the child was removed from her mother's care when police found her locked in a bathroom and hallucinating. The trial court found that appointing the mother as a managing conservator would “significantly impair the child’s physical health or emotional well-being.” The record includes evidence of the mother's past and present misconduct, as well as that regarding the stability of the current placement. Affirmed.
Court: Texas Courts of Appeals, Judge: Golemon , Filed On: February 15, 2024, Case #: 09-23-00292-CV, Categories: Family Law, Guardianship
J. Baker finds the circuit court properly granted the department of correction's motion for summary judgment. The inmate, convicted in 1980 for capital murder and rape, sought a declaration he was eligible for parole and asked the court to compel parole. Parole eligibility is based on the number of times a defendant has been convicted for felonies. Because defendant committed attempted first-degree murder and first-degree battery while incarcerated, and after a cited statute had been enacted, he became ineligible for parole after committing the last of the four felonies. Affirmed.
Court: Arkansas Supreme Court, Judge: Baker , Filed On: February 15, 2024, Case #: CV-23-282, Categories: Evidence, Murder, Prisoners' Rights
J. Gibbons finds the district court properly denied the inmate's postconviction petition for a writ of habeas corpus without an evidentiary hearing. The inmate challenges the disciplinary panel's withdrawal of good time credit for his refusal to submit to handcuffs while being moved. The court's finding is supported by the officer's statements, and the inmate failed to allege facts showing he requested video evidence, or that it would contradict the statements. Affirmed.
Court: Nevada Court of Appeals, Judge: Gibbons , Filed On: February 15, 2024, Case #: 86579-COA, Categories: Evidence, Prisoners' Rights
J. Richman finds the lower court erroneously dismissed the car renters' collision-related claims. The rental car company's decision to offer various additional insurance policies to the renters for additional payments rendered it an insurer under Colorado law and allows the renters to bring claims for underpayment of benefits following a collision caused by an uninsured motorist. Reversed.
Court: Colorado Court Of Appeals, Judge: Richman, Filed On: February 15, 2024, Case #: 2024COA15, Categories: Insurance, Contract
J. Hagen holds that the trial court properly instructed the jury on the patient's loved one's burden to prove the standard of care for a medical malpractice claim. However, insufficient evidence of pain, suffering or inconvenience supported a damages award on a survival claim. Reversed in part.
Court: Utah Supreme Court, Judge: Hagen, Filed On: February 15, 2024, Case #: 20220815, Categories: Jury, Damages, Medical Malpractice
[Consolidated.] J. Stark denies plaintiff's renewed motion seeking to attach shares held in CITGO, which is owned by Venezuela's state oil company, in a $17 million Florida judgment finding that Venezuela absconded with rare documents and artifacts of the South American General Simon Bolivar. Plaintiff failed to establish an exception to execution immunity under the Foreign Sovereign Immunities Act since Venezuela maintained immunity throughout the Florida litigation.
Court: USDC Delaware, Judge: Stark, Filed On: February 15, 2024, Case #: 1:17cv151, NOS: Other Statutory Actions - Other Suits, Categories: Property, Immunity, Jurisdiction
J. Garry finds that the lower court properly dismissed defendant's claim seeking immediate release from prison on grounds that he earned a certificate of eligibility for parole upon graduating from a shock incarceration program because defendant received a prior indeterminate sentence. Affirmed.
Court: New York Appellate Divisions, Judge: Garry, Filed On: February 15, 2024, Case #: CV-23-0351, Categories: Parole
[Modified.] J. Dato replaces a sentence and two images and denies a rehearing with no change in judgment. The trial court properly denied defendant's motion to suppress video recordings from a city's stationary streetlight cameras that were used to identify his vehicle in a murder trial. Police did not conduct a search when accessing the recordings since he did not have a privacy interest in footage of him on public streets. Affirmed.
Court: California Courts Of Appeal, Judge: Dato, Filed On: February 15, 2024, Case #: D080606, Categories: Murder, Search
J. Pechman denies Nationstar Mortgage's motion for summary judgment against the consumer's complaint that it did not remove inaccurate information about delinquent payments due on a loan in the consumer's credit report, which are solely his ex-wife's responsibility. The consumer sufficiently alleges that Nationstar owed him a duty to make a more accurate report acknowledging that his ex-wife was entirely responsible for repaying the loan.
Court: USDC Western District of Washington, Judge: Pechman, Filed On: February 15, 2024, Case #: 3:22cv5840, NOS: Consumer Credit - Other Suits, Categories: Consumer Law