144 results for 'filedAt:"2024-03-12"'.
J. Ledet finds that the trial court properly dismissed a guest's slip and fall claim made against her short term rental operator. In this case, the guest filed her petition after the prescriptive period had run. The guest has no evidence to prove actual delivery of her damages petition to the clerk before the prescriptive period. Although the cover letter referenced the petition and the clerk’s office stamped the cover letter as timely received, the damages petition was neither stamped nor filed. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Ledet, Filed On: March 12, 2024, Case #: 2023-CA-0646, Categories: Civil Procedure, Negligence
J. Martinez upholds the lower court's refusal to dismiss a doctor's defamation claims against a pain management company with which she was once a member. The company fails to show the investigatory agency to which it allegedly defamed the doctor was involved in the administration of the functions of part of the government and, thus, immune. Affirmed in part.
Court: Texas Courts of Appeals, Judge: Martinez, Filed On: March 12, 2024, Case #: 04-22-00749-CV, Categories: Health Care, Immunity, Defamation
J. Burns grants a corrections management service's motion to dismiss an asylum seeker's state law negligence claims alleging that the United States caused her to suffer a miscarriage. An expert opined based on prior ultrasounds and doctor's visits that the asylum seeker's pregnancy failed prior to being apprehended by U.S. Border Patrol agents and that nothing could have been done to prevent the loss. Furthermore, the asylum seeker was given a bottom bunk, extra food and medical care, and fails to show that she wasn't provided proper care during her detention.
Court: USDC Southern District of California, Judge: Burns, Filed On: March 12, 2024, Case #: 3:20cv82, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Immigration, Negligence
Want access to unlimited case records and advanced research tools? Create your free CasePortal account now. No credit card required to register.
Try CasePortal for Free
J. Brown grants the former colleagues' motion for partial summary judgment in a defamation action against the former attorney arising after he falsely accused them of criminal extortion in social media posts. The colleagues had threatened to sue the attorney if he did not accept a settlement demand arising after he failed to pay them under fee-splitting agreements. The threat to sue did not constitute extortion and no reasonable jury could find that the partners threatened to publicly question the attorney's mental health or interfere with his efforts to convince President Trump to award Richard Jewell the Presidential Medal of Freedom. The colleagues were not limited-purpose public figures. The parties' motions to seal are denied.
Court: USDC Northern District of Georgia, Judge: Brown, Filed On: March 12, 2024, Case #: 1:22cv1073, NOS: Assault, Libel, & Slander - Torts - Personal Injury, Categories: Defamation
J. Motz finds the lower court properly sentenced the defendant for crimes related to his production and possession of child pornography. The defendant filmed multiple minor boys masturbating. The defendant argues web searches from his phone are irrelevant because they don't involve the victims of his child porn production. The web searches, including searches for "selfies boy masturbating," reveal his interest in depictions of minor boys masturbating, the same sort of conduct underlying the charged offenses. Affirmed.
Court: 4th Circuit, Judge: Motz, Filed On: March 12, 2024, Case #: 22-4322, Categories: Evidence, Child Victims, Child Pornography
J. Tunheim largely denies the employer's motion for summary judgment in its employee's suit alleging that it invested employees' 401(k) savings in underperforming funds for over a decade. The employer did not breach any enforceable portion of its Investment Policy Statement, so a count alleging breach of that policy is dismissed, and the employer's Board of Directors are dismissed as defendants because they were not functional fiduciaries and had no duty to monitor the fund. Genuine disputes remain as to the employee's other claims, and they survive "because a reasonable trier of fact could easily find" that the employee caught the employer "with its hand in the cookie jar."
Court: USDC Minnesota, Judge: Tunheim, Filed On: March 12, 2024, Case #: 0:21cv1049, NOS: Employee Retirement Income Security Act (ERISA) - Labor, Categories: Erisa, Fiduciary Duty, Class Action
J. Suttell finds that the trial court properly denied a wife relief from judgment and declined to adjudge the husband in contempt, and properly denied her amended motion seeking relief, because the wife was not entitled to survivor benefits in the husband’s federal civilian pension under the marital settlement agreement. Affirmed.
Court: Rhode Island Supreme Court, Judge: Suttell, Filed On: March 12, 2024, Case #: 22-228, Categories: Contempt, Family Law, Settlements
J. Biggs grants a stockholder’s motion for entry of default judgment against an investment company after he alleges the company failed to issue him 200,000 shares he purchased for $100,000. Although the company claims it would not return the stockholder’s investment because it had fallen victim to an attempt to defraud it, it is still subject to the contract with the stockholder to return his investment, now with interest.
Court: USDC Middle District of North Carolina, Judge: Biggs, Filed On: March 12, 2024, Case #: 1:23cv345, NOS: Other Contract - Contract, Categories: Commerce, Securities, Contract
J. Wright finds that the lower court improperly denied the tenant's motion to set aside a default judgment in a breach of lease suit. The tenant had good cause for failing to respond to the petition and the motion to set aside the default judgment was filed within a reasonable time. Affirmed.
Court: Missouri Court Of Appeals, Judge: Wright, Filed On: March 12, 2024, Case #: ED111898, Categories: Landlord Tenant
J. Gaertner grants the state's request for a writ of prohibition directing the court not to terminate a probationer's term of probation due to her inability to earn compliance credits because of the nature of her offense. The probationer was convicted of statutory rape, an offense defined as sexual assault, and so was still under a term of probation when the alleged probation violations occurred.
Court: Missouri Court Of Appeals, Judge: Gaertner, Filed On: March 12, 2024, Case #: ED112417, Categories: Probation, Sex Offender
J. Chapman finds that the lower court improperly convicted defendant of felony stealing, but properly convicted him of murder, animal abuse, and armed criminal action. The motor-vehicle stealing conviction did not include the value of the car as an element of the crime, so the offense was not subject to a felony enhancement. Further, the court erred in memorializing the pronounced sentence in the written judgment. Reversed in part.
Court: Missouri Court Of Appeals, Judge: Chapman, Filed On: March 12, 2024, Case #: WD85214, Categories: Murder, Theft, Animal Cruelty
J. Scudder finds that the lower court properly declined to issue sanctions against the U.S. government for failing to produce technical information about the software program used by Australia and New Zealand to identify his computer in a multinational investigation of a dark web child pornography site called The Love Zone. The U.S. does not have an obligation to produce documents held exclusively by foreign authorities, upon showing that it made a good faith effort to obtain the information. Affirmed.
Court: 7th Circuit, Judge: Scudder, Filed On: March 12, 2024, Case #: 23-1010, Categories: Sanctions, International Law, Child Pornography
J. Lynch finds that the district court properly denied defendant habeas relief from his murder conviction after an eyewitness recanted testimony and two new alibi witnesses came forward. Details of the 30-year-old case are "troubling" and the conviction was "weakly supported," but deference should be given to state's denial of post-conviction vacatur and the inmate's claim of actual innocence was insufficient. Affirmed.
Court: 2nd Circuit, Judge: Lynch, Filed On: March 12, 2024, Case #: 21-2582-pr, Categories: Habeas, Murder, Witnesses
J. Macur finds a lower court properly dismissed a non- British civilian's motion to remain in the U.K. The civilian argued that he automatically acquired citizenship at birth after his mother, a French national, settled in the U.K. However, the home department sufficiently showed in court that his mother was not free from immigration restrictions at the time of his birth. Affirmed.
Court: Her Majesty's Court of Appeal, Judge: Macur, Filed On: March 12, 2024, Case #: CA-2023-277, Categories: Immigration
J. Pugh finds for the commissioner of internal revenue in this tax liability dispute because the taxpayer was not entitled to research credit deductions for the years in dispute.
Court: U.S. Tax Court, Judge: Pugh, Filed On: March 12, 2024, Case #: 2024-28, Categories: Tax
J. Sanchez declines to grant a preliminary injunction in pro se claims challenging various aspects of a will for fraudulent accounting documents. The decedent's son failed to demonstrate he will likely succeed because the underlying complaint had been dismissed due to pleading deficiencies and for jurisdictional reasons. Meanwhile, the state attorney general had no inherent conflict of interest in representing state defendants.
Court: USDC New Jersey, Judge: Sanchez , Filed On: March 12, 2024, Case #: 3:22cv1276, NOS: Other Civil Rights - Civil Rights, Categories: Wills / Probate, Jurisdiction
J. Burroughs grants an insurance company’s motion for judgment on its insured’s breach of contract claim and denies its motion for judgment on its insured’s bad faith claim. The insured failed to demonstrate how the insurance company failed to follow any of its insurance policies by delaying its decision of whether or not to defend the insured while it investigated the related incident and the legal action against the insured.
Court: USDC Massachusetts, Judge: Burroughs, Filed On: March 12, 2024, Case #: 1:22cv11150, NOS: Insurance - Contract, Categories: Insurance, Wrongful Death, Contract
J. Burroughs grants an insurance company’s motion for a declaratory judgment exempting it from any obligation to defend a boat owner who approached another boat that struck a navigational aid and caused its passengers to enter the water, including one passenger who drowned, and who left the scene without providing assistance. The boat owner who left the scene failed to sit for an examination under oath.
Court: USDC Massachusetts, Judge: Burroughs, Filed On: March 12, 2024, Case #: 1:22cv11401, NOS: Insurance - Contract, Categories: Insurance, Maritime, Wrongful Death
J. Merchant tosses an employment discrimination complaint that alleges a group of health care workers were wrongfully terminated for refusing to comply with their employer’s Covid-19 vaccine mandate. Their requests to be exempt from the vaccine mandate for religious purposes would have posed an undue hardship on the hospital’s operations and they also fail to provide any substantiative detail that would suggest management discriminated against them because of their religions.
Court: USDC Eastern District of New York, Judge: Merchant, Filed On: March 12, 2024, Case #: 2:23cv1277, NOS: Employment - Civil Rights, Categories: Covid-19, Employment Discrimination
J. Rickman finds that the trial court properly convicted defendant of criminal attempt to commit kidnapping but incorrectly convicted defendant of criminal attempt to entice a child for indecent purposes and simple assault. Defendant tried to lure the victim into his car by falsely claiming that her father wanted defendant to pick her up. Although the trial court correctly denied defendant's motion for a directed verdict on the attempted kidnapping offense, there was no evidence that defendant was motivated by an act of indecency or child molestation. The evidence was also insufficient to support defendant's assault conviction. Reversed in part.
Court: Georgia Court of Appeals, Judge: Rickman, Filed On: March 12, 2024, Case #: A23A1683, Categories: Assault, Kidnapping, Child Victims