168 results for 'filedAt:"2024-03-22"'.
[Consolidated.] J. Crichton finds that the Council of the City of New Orleans has the procedural capacity to sue to seek a declaration that the mayor has acted unlawfully in transferring assets that rightfully belong to the city to private parties regarding a 2020 modification of an agreement between the mayor and certain beneficiaries of a land trust. Under the Home Rule Charter of the City of New Orleans, the council has the power to conduct investigations of “any office, department or board administering the affairs of the City.” Therefore, the council has a right to sue on the contention that the Law Department and the mayor are in direct conflict with the council, and that the suit is “necessary for the assertion or protection of the rights and interests of the city." Reversed.
Court: Louisiana Supreme Court, Judge: Crichton, Filed On: March 22, 2024, Case #: 2023-C-01106, Categories: Civil Procedure, Government
[Consolidated.] J. Genovese finds that the statute that revives certain prescribed child sex abuse claims for a limited three-year period is in conflict with the due process protections in the state constitution. In this case, plaintiffs claimed that they were sexually molested by a Roman Catholic priest at various times between 1971 and 1979 when they were minors. Plaintiffs' prescribed causes of action cannot be retroactively applied because it would divest defendants of their vested right to plead prescription in violation of the state constitution. Reversed and vacated.
Court: Louisiana Supreme Court, Judge: Genovese, Filed On: March 22, 2024, Case #: 2023-CC-01194, Categories: Constitution, Due Process
Per curiam, the Louisiana high court finds that the court of appeal should not have reversed defendant's conviction for aggravated assault with a firearm, aggravated criminal damage to property, and illegal discharge of a firearm for shooting at a pickup truck containing law enforcement officers as they fled after conducting a "trash pull" narcotics investigation at defendant's home. The ambiguous references made to the officers conducting the trash pull as part of a narcotics investigation do not constitute impermissible references to other crimes under jurisprudence. Although the state improperly impeached defendant with the facts surrounding a prior conviction for interfering with a police officer, the error was harmless based on the testimonial and physical evidence showing defendant fired his weapon at a fleeing vehicle in the street. Reversed.
Court: Louisiana Supreme Court, Judge: Per curiam, Filed On: March 22, 2024, Case #: 2023-K-00008, Categories: Evidence, Firearms
J. Wicker finds that the trial court should not have imposed a full interdiction of a mother due to alleged emerging dementia. In this case, the interdiction should be limited to the mother's legal, financial, and medical affairs. The testimony supports that the mother is able to consistently manage her usual daily affairs because she dresses herself, goes grocery shopping by herself, watches television, and cooks homemade meals
for herself and others. Reversed.
Court: Louisiana Court Of Appeal, Judge: Wicker, Filed On: March 22, 2024, Case #: 23-CA-318, Categories: Evidence
J. Herman finds that the trial court should not have granted defendant's motion to sever the trials with his co-defendants. Although the co-defendants have made statements incriminating each other, the state indicated that it had no intention of using these statements at trial and instead will rely on the testimony of the two victims. Reversed.
Court: Louisiana Court Of Appeal, Judge: Herman, Filed On: March 22, 2024, Case #: 2024-K-0159, Categories: Criminal Procedure, Evidence
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J. Lindbom finds a lower court properly dismissed an energy company's "unfairly distorted" ruling in favor of the secretary of State for energy security and net zero concerning a proposed development of two offshore windfarms. The energy company argued that the proposed development was in the interest of the public. However, the government's impact environmental assessment showed that the majority of nearby landowners objected to the development and that the project would be detrimental to nearby habitats, cultural heritage, and landscapes.
Court: Her Majesty's Court of Appeal, Judge: Lindblom, Filed On: March 22, 2024, Case #: CA-2023-1527, Categories: Construction, Environment, Government
J. Birss finds a lower court improperly dismissed patent claims brought by an excavator against an industrial machine company. The industrial machine company argued that it did not infringe on the excavator's telehandler machine configurations. However, the excavator sufficiently showed in court that the machine company copied its longitudinal, rotating system invention patent titled "Method of Operating a Working Machine" without permission. Reversed.
Court: Her Majesty's Court of Appeal, Judge: Birss, Filed On: March 22, 2024, Case #: CA-2022-2489, Categories: Construction, Evidence, Patent
J. Mitchell finds that the lower court improperly ruled when denying a nursing home’s motion to compel arbitration against two daughter co-guardians of a patient who died in their facility, even with only one daughter signing the the arbitration clause. Each of the co-guardians had "independent authority to sign agreements on behalf of their ward." Reversed.
Court: Alabama Supreme Court, Judge: Mitchell, Filed On: March 22, 2024, Case #: SC-2023-0433, Categories: Arbitration, Wrongful Death, Guardianship
J. Mendheim finds the probate court properly ruled when denying an individual’s appeal to retrieve land he bought at a tax sale after the original owner petitioned to get the land back by redeeming the property. The individual's argument that he was not properly served with the redemption petition lacks merit. Affirmed in part.
Court: Alabama Supreme Court, Judge: Mendheim, Filed On: March 22, 2024, Case #: SC-2023-0445, Categories: Property, Real Estate, Choice Of Law
J. Dishman partially grants the defendant refrigerator manufacturer's motion to exclude certain expert testimony in this lawsuit stemming from a fire that allegedly began in a recreational vehicle. The owners of the RV contend that the fire was caused by a defective refrigerator, which was inside the RV, and the court finds that their expert's opinions are "generally relevant and helpful." However, certain parts of his report, specifically including his "opinions concerning the safety remedy provided as part of the recalls" and whether the National Highway Traffic Safety Administration approved, are neither relevant nor reliable.
Court: USDC Western District of Oklahoma , Judge: Dishman, Filed On: March 22, 2024, Case #: 5:20cv272, NOS: Property Damage Product Liability - Torts - Personal Property, Categories: Negligence, Product Liability, Experts
J. Alley finds a lower court ruled partially correctly when it granted summary judgment to car sales and financing companies after they were sued by customers who argued a car they bought had “defects rendering it worthless.” The customers brought no viable claims against the car financer and the “as-is” language in their sales paperwork defeated their claims against the car seller, and the lower court was right to grant summary judgment. However, the lower court was wrong to approve sanctions against the customers’ attorney, as it had no evidence impugning his motives or credibility. Affirmed in part.
Court: Texas Courts of Appeals, Judge: Alley, Filed On: March 22, 2024, Case #: 08-23-00127-CV, Categories: Trade, Contract, Attorney Discipline
J. Xinis grants, in part, a credit union, a law firm and its attorney’s motion for summary judgment in this contract dispute claiming the claims are barred by res judicata because this case was fairly litigated in state court. The borrower alleged the attorney had acted as an unlicensed debt collector for the credit union during the state litigation when the state and judge were dismissed from all claims. The borrower’s contract claims are the same as they were in state court, the attorney is not a state actor because he represented the credit union, and no plausible interference can be found. All claims but the breach of contract one are dismissed. The borrower’s motion to strike answer and his motion to reconsider dismissal of the judge and state are denied, but she has 21 days to amend the complaint.
Court: USDC Maryland, Judge: Xinis, Filed On: March 22, 2024, Case #: 8:23cv1667, NOS: Other Civil Rights - Civil Rights, Categories: Debt Collection, Banking / Lending, Contract
J. Delaney finds that the trial court properly permitted an attorney to withdraw from a case involving windfall profits generated from the resale of oil extraction leases and allowed reasonable time for appellants to obtain new council. The trial court also properly granted summary judgment to the community development corporation because appellant’s response did not provide evidence that is acceptable for consideration by the court.
Court: Ohio Court Of Appeals, Judge: Delaney, Filed On: March 22, 2024, Case #: 2024-Ohio-1034, Categories: Corporations, Energy, Contract
J. finds dismisses a case against Delta Airlines alleging it racially discriminated against an Asian passenger when it forced to give up her first class seat to a white woman on a New York City-bound flight due to a ticketing error. Four of her five claims were dismissed with prejudice on a motion to withdrawal, and the court enters judgment in favor of the airline on her sole remaining federal civil rights claim, finding she fails to rebut its argument that the ticketing error was made before the gate agent had ever met her or learned of her race.
Court: USDC Eastern District of New York, Judge: Kuntz, Filed On: March 22, 2024, Case #: 2:20cv1705, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Transportation
J. Delaney finds that the trial court properly denied defendant an evidentiary hearing for resentencing on a felony murder conviction. He admitted to having the intent to kill but argued that he did not assist the actual killer in the killing so he lacked the actus reus required for felony murder. The actus reus element was satisfied because, while possessing the intent to kill, he was engaged in the underlying felonies of rape and robbery in furtherance of a common design. Affirmed.
Court: California Courts Of Appeal, Judge: Delaney, Filed On: March 22, 2024, Case #: G061916, Categories: Murder, Sentencing
J. Vratil grants in part an immigrant's review of a decision of the Board of Immigration Appeals affirming the denial of asylum. The record supported that the immigrant experienced past harm rising to the level of persecution, that the BIA was incorrect in its internal relocation analysis for purposes of asylum and withholding of removal, and substantial evidence supported the denial of protection under the Convention Against Torture. However, substantial evidence supported the BIA’s findings that the immigrant did not suffer past torture and is not likely to suffer future torture.
Court: 9th Circuit, Judge: Vratil, Filed On: March 22, 2024, Case #: 22-211, Categories: Immigration
J. Fleming grants a motion to dismiss claims by a land developer that Fairlawn, Ohio, conspired with owners of neighboring parcels to deprive the developer of the use their parcel and then foreclosed on the parcel for tax default. The land developer claims that Google Earth photos provide evidence that the owners of neighboring parcels transferred unpermitted fill dirt from the neighboring parcel to the developer’s parcel, rendering the property unusable and making the developer vulnerable to the tax default. The photos were dated prior to previous litigation which reviewed and ruled on the same claims. The judge found no reason why the evidence could not have been presented at the prior ruling and granted the motion to dismiss.
Court: USDC Northern District of Ohio, Judge: Fleming, Filed On: March 22, 2024, Case #: 5:21cv1848, NOS: All Other Real Property - Real Property, Categories: Property, Foreclosure
J. Hoffman finds the trial court properly denied defendant's motion to suppress the results of a search of his home during his weapons and drug possession trial. Although he was experiencing symptoms of a medical emergency, there was no coercion on the part of the police officer who asked to come inside, while defendant also took no medication once inside the property and consented to the search after being asked twice. Affirmed.
Court: Ohio Court Of Appeals, Judge: Hoffman, Filed On: March 22, 2024, Case #: 2024-Ohio-1094, Categories: Firearms, Search
J. Tijerina conditionally grants the relators' petition for a writ of mandamus, in which they challenge an order for sanctions in the underlying proceeding. The lower court abused its discretion by sanctioning the attorneys "$1,000 each day until they deposit insurance settlement proceeds that belong to a non-party into the registry." The evidence does not show that they "were willfully non-compliant, or willfully ignorant," but instead shows that the non-party did not consent to the ordered deposit.
Court: Texas Courts of Appeals, Judge: Tijerina, Filed On: March 22, 2024, Case #: 13-23-00581-CV, Categories: Civil Procedure, Sanctions, Settlements
J. Newby finds that the court of appeal ruled improperly in this uninsured motorist dispute. The plain language of the statute does not allow the driver to stack his policy's uninsured motorist limits with his parents' limits. Reversed.
Court: North Carolina Supreme Court, Judge: Newby, Filed On: March 22, 2024, Case #: 281A22, Categories: Insurance, Vehicle
J. Newby finds that the North Carolina Business Court ruled properly in this business dispute. When the woman appeared and moved to claim exempt property, she waived her right to object to the sufficiency of the service of process. Affirmed.
Court: North Carolina Supreme Court, Judge: Newby, Filed On: March 22, 2024, Case #: 218A22, Categories: Business Practices