186 results for 'filedAt:"2024-02-22"'.
J. Blanchard finds the circuit court properly denied the inmate's petition for a writ of certiorari in his challenge to sanctions of disciplinary separation and restitution ordered by the prison disciplinary committee for possession of intoxicants and use of intoxicants that required an ambulance to take him to the hospital. Despite the inmate's claim of delays that were out of his control, the record shows he failed to submit all the necessary administrative documents relevant to his case within 45 days of the state corrections secretary's adverse decision on his inmate complaint, making his challenge untimely under statutes and giving the circuit court authority to dismiss his petition. Affirmed.
Court: Wisconsin Court of Appeals, Judge: Blanchard, Filed On: February 22, 2024, Case #: 2022AP001076, Categories: Administrative Law, Prisoners' Rights
J. Kelly finds a lower court properly sentenced a defendant to 96 months in prison and three years probation. The defendant argued that the lower court erred in applying an attempted murder cross reference to his sentence to decide the level of his crime. However, the government presented sufficient evidence in court that the defendant shot a female associate in the leg after getting kicked out of a bar, intending to cause her death. Affirmed.
Court: 8th Circuit, Judge: Kelly, Filed On: February 22, 2024, Case #: 23-1260, Categories: Firearms, Probation, Sentencing
J. Henderson finds a lower court properly dismissed a climate activist's challenge to three roadway improvement plans. The climate activist argued that the proposed development would discharge greenhouse gas emissions into the environment. However, the secretary of transport sufficiently showed in court that the roadway plans do not breach environmental impact assessments. Affirmed.
Court: Her Majesty's Court of Appeal, Judge: Henderson, Filed On: February 22, 2024, Case #: CA-2023-1482, Categories: Construction, Environment
J. Laing finds a lower court improperly dismissed a citizen of Iran's motion to remain in the U.K. The home department argued that the Kurdish national of Iran unlawfully left his homeland on foot without a passport, admitted his support of the Kurdish Democratic Party of Iran over Facebook, and participated in demonstrations alongside other Iranians. However, he presented sufficient evidence in court that he would be locked up for a significant period of time upon his return to his homeland, and would face serious abuse at the hands of Iranian authorities for participating in "low level" political activities. Reversed.
Court: Her Majesty's Court of Appeal, Judge: Laing, Filed On: February 22, 2024, Case #: CA-2023-1065, Categories: Civil Rights, Immigration
J. Engelmayer dismisses the union's complaint challenging a mutual aid agreement between the port authority and the city that provides for coordination between the port authority, which maintains security at JFK and LaGuardia airports, and the city fire department in the event of an aircraft emergency. The union cannot show it will be harmed if one of its members cannot assume the role of "Incident commander" in the event of an airport emergency.
Court: USDC Southern District of New York, Judge: Engelmayer, Filed On: February 22, 2024, Case #: 1:23cv560, NOS: Other Contract - Contract, Categories: Labor / Unions, Aviation
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J. Hinderaker grants an employment screening service's motion for summary judgment concerning Fair Credit Reporting Act violations brought by a former nurse, who's licensed was revoked by department of health and human services. The screening service sufficiently showed in court that the FCRA allows it report that the former employee is excluded from gaining employment in the federal healthcare arena.
Court: USDC Arizona, Judge: Hinderaker, Filed On: February 22, 2024, Case #: 4:22cv206, NOS: Consumer Credit - Other Suits, Categories: Employment, Health Care, Experts
J. Bulla grants the doctor's petition for a writ of mandamus challenging the county court's denial of his motion to dismiss a wrongful death suit. The inmate died after unsuccessful heart surgery, complicated by sickle cell anemia. The family members of the deceased, though having received requested medical records, did not file the complaint until after limitations had expired. No reason was given for the delay and, therefore, the court was required to dismiss the complaint.
Court: Nevada Court of Appeals, Judge: Bulla , Filed On: February 22, 2024, Case #: 86567-COA, Categories: Health Care, Wrongful Death, Prisoners' Rights
J. Worthen finds the trial court improperly denied Union Pacific's motion for summary judgment. The county, pursuant to an agreement modified by ongoing litigation and regulations extending 150 years into the past, sought to keep railroad offices and workers in the city of Palestine, TX in perpetuity after mergers, bankruptcy reorganizations and regulatory influence over the ensuing companies from the original company from which the agreement arose. The Interstate Commerce Commission Termination Act preempts the agreement, and because there was neither unreasonable delay nor detrimental reliance by Union Pacific, the county did not establish the affirmative defense of laches. Reversed.
Court: Texas Courts of Appeals, Judge: Worthen , Filed On: February 22, 2024, Case #: 12-23-00152-CV, Categories: Commerce, Transportation, Contract
J. Neeley finds the trial court improperly dismissed the former resident's liability suit arising from the apartment management's nonrenewal of her lease. The resident moved to another town and was unable to maintain her employment due to the increased commute time. The resident's assertion the original lease was invalid is a conclusion of law, which does not amount to a judicial admission. The record shows the parties agreed the resident was a paying tenant. The testimony and facts are inconclusive. Reversed.
Court: Texas Courts of Appeals, Judge: Neeley , Filed On: February 22, 2024, Case #: 12-23-00161-CV, Categories: Landlord Tenant, Contract
J. Cummings partially grants a real estate crowdfunding platform and payroll management company’s motions to compel arbitration in an employment suit brought by one of the platform’s former executives. The former executive claims the defendants owe her the bonuses she earned in 2022, along with 90 days’ notice wages. The defendants moved for arbitration on her wage claims. The court finds arbitration is appropriate for the former executive’s dispute with the payroll management company, and stays the underlying claims against the real estate platform while that arbitration is pending.
Court: USDC Northern District of Illinois, Judge: Cummings, Filed On: February 22, 2024, Case #: 1:23cv4120, NOS: Other Contract - Contract, Categories: Arbitration, Employment, Contract
J. Alonso partially grants an almond company’s motion for judgment in a prospective nationwide consumer class action. The prospective class representative alleges she was defrauded by the company’s “smokehouse” brand of almonds because the nuts are flavored with liquid smoke, not in an actual smokehouse. The court dismisses the consumer fraud claims brought under Idaho, Iowa, Nebraska, South Dakota, West Virginia and Wyoming law, but allows the claims brought under Illinois and several other states’ laws to stand.
Court: USDC Northern District of Illinois, Judge: Alonso, Filed On: February 22, 2024, Case #: 1:22cv1591, NOS: Other Fraud - Torts - Personal Property, Categories: Fraud, Consumer Law, Class Action
J. Chamberlin finds the lower court properly found that an issue of material fact exists in this wrongful death matter. As the result of a multi-vehicle accident, a driver sustained injuries for which he was prescribed medication. The wife of the driver filed a wrongful death action, arguing the opposing parties are responsible for the death of her husband, for if he was not involved in the accident, he would not have been prescribed the medications that led to his death by liver failure. Because there is a question of foreseeability, the instant court finds the matter should go before a jury. Affirmed.
Court: Mississippi Supreme Court, Judge: Chamberlin, Filed On: February 22, 2024, Case #: 2021-CT-01284-SCT, Categories: Wrongful Death
J. Hoffstadt finds that the trial court properly granted a city’s demurrer without leave to amend on a neighboring city’s claim that heavy truck traffic being diverted onto its streets was a public nuisance. The boarder streets are outside the parties’ power to regulate because the ordinance refers to “any street, road, or public right-of-way within the city.”
Court: California Courts Of Appeal, Judge: Hoffstadt, Filed On: February 22, 2024, Case #: B327413, Categories: Government, Municipal Law
J. Eskridge upholds the bankruptcy court's enforcement of a confirmation order finding the sole shareholder of a debtor set of entities lacked standing to pursue state law claims for gross negligence and willful misconduct. His claims were derivative of the entities, not direct, and, therefore, they were not his to pursue.
Court: USDC Southern District of Texas, Judge: Eskridge, Filed On: February 22, 2024, Case #: 4:21cv456, NOS: Bankruptcy Appeal 28 USC 158 - Bankruptcy, Categories: Bankruptcy, Civil Procedure
J. McShan finds that the lower court properly held that extraordinary circumstances justified granting a grandmother sole legal and physical custody of her grandchild because she demonstrated that the child had lived with her for more than three years without the involvement of the mother and father, and she served the child's best interests by developing a plan with specialists to address educational and behavioral needs. Affirmed.
Court: New York Appellate Divisions, Judge: McShan, Filed On: February 22, 2024, Case #: CV-23-0283, Categories: Family Law
J. Garcia finds that the appellate division improperly overturned defendant's burglary conviction on grounds that notice was not provided when ordinary burglary was added as a lesser included offense to the more serious count of burglary as a sexually motivated felony because the indictment specifically identified the lesser included crime as the qualifying offense for the sexually motivated count, and at no time did the prosecution suggest abandoning the lesser charge. Reversed.
Court: New York Court Of Appeals, Judge: Garcia, Filed On: February 22, 2024, Case #: 14, Categories: Burglary, Criminal Procedure
[Consolidated.] J. Clark finds that the lower court properly declined to dismiss fiduciary duty claims brought by 10 car dealerships after their founder unilaterally froze them out of individual bank accounts. The founder failed to accept the role of a management group he established after the group removed his sole authority over the dealerships, which impeded not only their access to bank accounts but to manufacturer accounts and approvals. The dealerships were properly granted a preliminary injunction, but they may not have been assessed an appropriate undertaking. The issue should be remanded to set a sum that accounts for potential damage to the founder. Affirmed in part.
Court: New York Appellate Divisions, Judge: Clark, Filed On: February 22, 2024, Case #: CV-22-1961, Categories: Damages, Fiduciary Duty, Contract
J. Garry finds that the lower court properly dismissed dental malpractice claims stemming from a root canal because the patient filed the action more than two-and-a-half years following accrual, and she also exceeded additional time permitted following discovery of a foreign object in her left maxillary sinus. However, the dentist and her employer were improperly awarded disbursements without proof that expenses were actually incurred. Affirmed in part.
Court: New York Appellate Divisions, Judge: Garry, Filed On: February 22, 2024, Case #: 535783, Categories: Civil Procedure, Medical Malpractice