122 results for 'filedAt:"2024-04-16"'.
J. Welch finds the district court properly modified custody, parenting time and child support. Though the mother says no evidence shows she failed to cooperatively parent during a conflict involving a child's desire to change schools, she did bring one of the children into custody issues by influencing the child's decision to change schools and by filing a motion to have the child testify at trial. The evidence is sufficient to find a material change in circumstances affecting the children’s best interests. Affirmed.
Court: Nebraska Court Of Appeals, Judge: Welch , Filed On: April 16, 2024, Case #: A-23-088, Categories: Family Law, Guardianship
J. Hanni finds the trial court erroneously granted the landowners' motion for partial summary judgment. This court's previous remand order required the owners prove damages stemming from the natural gas company's failure to follow certain title notice procedures - a burden they failed to meet. Reversed.
Court: Ohio Court Of Appeals, Judge: Hanni, Filed On: April 16, 2024, Case #: 2024-Ohio-1436, Categories: Evidence, Property, Real Estate
J. Nagala denies, in part, class counsel's motion for attorney fees, ruling the attorneys' request for an award of one-third of the total $4.1 million settlement amount is unreasonable when compared to other, similar class action ERISA lawsuits. Therefore, without any evidence to prove this case was extraordinary or unique in any way, the award will be reduced to one-quarter of the total settlement.
Court: USDC Connecticut, Judge: Nagala, Filed On: April 16, 2024, Case #: 3:21cv1085, NOS: Employee Retirement Income Security Act (ERISA) - Labor, Categories: Attorney Fees, Class Action
J. Polster grants GameStop's motion to dismiss, ruling that because the terms and conditions of the customer's "pro" rewards membership include a mandatory arbitration clause, his claims regarding certain handling charges that could potentially violate the free shipping advertised in the program must be decided via arbitration.
Court: USDC Northern District of Ohio, Judge: Polster, Filed On: April 16, 2024, Case #: 5:23cv1970, NOS: Other Fraud - Torts - Personal Property, Categories: Arbitration, Fraud, Class Action
[Consolidated.] J. Knepp grants the employer's motion for judgment on the pleadings, ruling that because none of the allegations of misconduct made by the employees against their supervisors implicate conduct covered under Title VII, the employees failed to establish a prima facie case for Title VII whistleblower retaliation. Meanwhile, the emotional distress claims must also be dismissed because the complaint contains only vague and conclusory statements that fall short of establishing a serious emotional injury.
Court: USDC Northern District of Ohio, Judge: Knepp, Filed On: April 16, 2024, Case #: 3:23cv1188, NOS: Employment - Civil Rights, Categories: Evidence, Emotional Distress, Employment Retaliation
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[Consolidated.] J. Thapar finds the trial court properly denied defendant's motion to suppress evidence obtained by police after he admitted he had weed in his room. Officers were not interrogating him at the time and, therefore, were not required to read him his Miranda rights, while the narrow question from the officer - "do you have anything else on you?" - was part of the arrest procedure and not designed to elicit an incriminating response. Affirmed.
Court: 6th Circuit, Judge: Thapar, Filed On: April 16, 2024, Case #: 22-6076, Categories: Firearms, Miranda
J. Rambin reverses a trial court order denying a male noncitizen’s request to dismiss a criminal misdemeanor charge against him, pursuant to the governor’s order to jail migrants for illegally crossing the Texas-Mexico border. Citing similar evidence in precedent cases, the non-citizen met his burden of showing the governor’s order has the discriminatory effect and purpose of selective prosecution based on gender discrimination. Reversed.
Court: Texas Court of Criminal Appeals, Judge: Van Cleef, Filed On: April 16, 2024, Case #: 06-24-40-CR, Categories: Constitution, Immigration, Trespass
J. Zachary finds that the trial court properly declined to suppress evidence discovered in defendant's vehicle based on a tip that a handgun had been observed in plain view of a Dodge Charger parked near various nightclubs because the fact that industrial hemp has been legalized did not diminish the significance of the contention that police detected the odor of marijuana while approaching the vehicle. Affirmed.
Court: North Carolina Court of Appeals, Judge: Zachary, Filed On: April 16, 2024, Case #: COA23-568, Categories: Drug Offender, Firearms, Search
J. Thomas finds that the circuit improperly ruled in takings claims contending plaintiffs' property was flooded after the state diverted flood waters to keep roads clear because the court misinterpreted statute as prohibiting plaintiffs from bringing the claim against the state. Reversed.
Court: US Supreme Court, Judge: Thomas, Filed On: April 16, 2024, Case #: 22-913, Categories: Property
J. Jackson finds that the circuit improperly imposed limitations on veterans' benefits because the veteran sought to use one of two separate entitlements to his educational benefits. Reversed.
Court: US Supreme Court, Judge: Jackson, Filed On: April 16, 2024, Case #: 22-888, Categories: Veterans
J. Wright finds that the lower court improperly awarded improperly awarded the ex-girlfriend $17,000 in attorney's fees in a dispute over the sale of a home. The ex-boyfriend's conduct during litigation did not amount to vexatious behavior, and the amount of fees should only be determined by the amount of work the attorney conducted towards the partition suit for the benefit of both parties. Reversed.
Court: Missouri Court Of Appeals, Judge: Wright, Filed On: April 16, 2024, Case #: ED111764, Categories: Property, Attorney Fees
J. Huffman finds that the trial court properly convicted defendant of second degree murder after he was convicted in an earlier trial for gross vehicular manslaughter while intoxicated for the same incident. Gross vehicular manslaughter while intoxicated is not a lesser included offense of murder, so the second conviction did not violate his double jeopardy protections. Affirmed.
Court: California Courts Of Appeal, Judge: Huffman, Filed On: April 16, 2024, Case #: D081050, Categories: Murder, Double Jeopardy, Dui
J. Bamattre-Manoukian finds that the trial court erroneously held that a county was not required to comply with a city's claim presentation ordinance before it sued the city for reimbursement of sums spent on emergency road repairs. The city ordinance has a claim presentation requirement that applies to all claims that are exempted from the requirement under the Government Claims Act. The city ordinance also expressly states that no lawsuit for claims for money or damages may be filed unless a written claim has first been presented to the city. Vacated.
Court: California Courts Of Appeal, Judge: Bamattre-Manoukian, Filed On: April 16, 2024, Case #: H050881, Categories: Municipal Law
J. Staab finds that defendant, who was convicted of killing one student and seriously injuring three others at Freeman High School, must be resentenced. Defendant was 15 years old at the time of the crime and was sentenced to 40 years to life in prison. However, because defendant was under the age of 16 at the time of the shooting, he should have been sentenced to 25 years to life. Vacated.
Court: Washington Court Of Appeals, Judge: Staab, Filed On: April 16, 2024, Case #: 39185-0-III, Categories: Murder, Sentencing
J. Laing finds a lower court properly dismissed a native of Pakistan's motion to remain in the U.K. The native of Pakistan argued that she is entitled to remain in the U.K. However, the home department sufficiently showed in court that she engaged in a "sophisticated and organized series of frauds" over a ten year period, which included money laundering and collecting donations for a bogus "spiritual leadership" group, which helped her amass 54 residential properties. Affirmed.
Court: Her Majesty's Court of Appeal, Judge: Laing, Filed On: April 16, 2024, Case #: CA-2023-488, Categories: Fraud, Government, Immigration
J. Brnovich grants a city's motion to dismiss a former peace officer's wrongful termination claims based on his religion as a member of the Fundamentalist Church of Jesus Christ of Latter-Day Saints. The city sufficiently showed that the former peace officer was fired for not obtaining certification under the Arizona Police Officer Standards and Training Board, and not for being a member of a religious sect.
Court: USDC Arizona, Judge: Brnovich, Filed On: April 16, 2024, Case #: 3:23cv8506, NOS: Employment - Civil Rights, Categories: Civil Rights, Employment, Due Process
J. Scudder finds that the lower court properly found for DISH and DirecTV Network in a race discrimination suit alleging the broadcasters declined to pay for rights to carry two Indianapolis-based TV stations because the majority owner is Black. The broadcasters presented clear, race-neutral reasons for their decisions, and the company falls shorts of demonstrating pretext in these proffered explanations for their business decision. Affirmed.
Court: 7th Circuit, Judge: Scudder, Filed On: April 16, 2024, Case #: 23-1787, Categories: Civil Rights, Communications, Business Practices
Per curiam, the appellate division finds that the lower court properly found for the insurer in a suit seeking indemnification for a bodily injury suit arising from unloading property from a vehicle. The injured worker in the underlying suit fell when a co-worker dropped an iron beam they were unloading from a truck, so the policy's auto exclusion applies. Affirmed.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: April 16, 2024, Case #: 02030, Categories: Insurance, Indemnification
Per curiam, the appellate division finds that the lower court improperly granted the apartment rental agency's motion to vacate a default judgment against it. It failed to establish a reasonable excuse for its default when the subject withdrawal order was properly served on its agent. Reversed.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: April 16, 2024, Case #: 02028, Categories: Civil Procedure
J. Richardson partially grants the restaurant's motion to compel arbitration of the chef's claims in this lawsuit alleging discrimination, retaliation and a hostile work environment. The chef fails to sufficiently create a question of fact regarding whether he electronically signed the arbitration agreement. Accordingly, the court will enforce the arbitration agreement, though the restaurant is not entitled to attorney fees.
Court: USDC Middle District of Tennessee , Judge: Richardson, Filed On: April 16, 2024, Case #: 3:24cv3, NOS: Employment - Civil Rights, Categories: Arbitration, Employment, Contract
J. Lauber finds for the commissioner of internal revenue in this tax liability dispute because evidence did not support the taxpayers' claim that their signatures had been forged on the closing agreement, which waived their right to claim a foreign earned income exclusion.
Court: U.S. Tax Court, Judge: Lauber, Filed On: April 16, 2024, Case #: 2024-45, Categories: Tax