234 results for 'filedAt:"2023-09-27"'.
J. Jackson finds a lower court properly dismissed a family's declaration of death claims against a hospital. The family argued that their decedent, who was punched in the side of his head by another bar patron, which resulted in his death, was not considered as deceased when his brain stem died. However, the hospital presented sufficient evidence in court that the brain stem controls all essential bodily functions, even though a respirator has the function to artificially sustain life. Affirmed.
Court: Her Majesty's Court of Appeal, Judge: Jackson, Filed On: September 27, 2023, Case #: CA-2023-1805, Categories: Family Law, Health Care, Wrongful Death
J. Birzer grants a vape shop's motion to leave to amend a third- party complaint against a messaging platform. The vape shop sufficiently showed in court that the messaging platform, a third party vendor, sent promotional texts on its behalf.
Court: USDC Kansas, Judge: Birzer, Filed On: September 27, 2023, Case #: 2:22cv2293, NOS: Other Statutory Actions - Other Suits, Categories: Communications, Consumer Law, Class Action
J. Blakey partially grants a spinal implant manufacturer's motion to dismiss a product liability suit brought by a patient whose implant collapsed inside her. The court allows the patient's strict liability, failure to warn and manufacturing defect claims against the manufacturer to survive, but dismisses her spoliation claim. Contrary to plaintiff's assertion, the court finds that the manufacturer simply taking possession of the patient's implant after it had been extracted does not in and of itself constitute spoliation.
Court: USDC Northern District of Illinois, Judge: Blakey, Filed On: September 27, 2023, Case #: 1:22cv6049, NOS: Personal Injury - Health Care/Pharmaceutical Personal Injury/Product Liability - Torts - Personal Injury, Categories: Health Care, Product Liability
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. Watkins denies the state's motion for rehearing on a previous opinion granting defendant a new trial on two counts related to smuggling of persons. The state failed to prove that two of the smuggled passengers were juveniles. Reversed in part.
Court: Texas Courts of Appeals, Judge: Watkins, Filed On: September 27, 2023, Case #: 04-22-00333-CR, Categories: Smuggling
J. Lucas finds that the trial court improperly granted a homeowners' association dismissal of negligence claims contending that work on a drainage ditch caused foundation issues to plaintiffs' homes because plaintiffs established that work performed on the ditch substantially caused the damage. Reversed.
Court: Florida Courts Of Appeal, Judge: Lucas, Filed On: September 27, 2023, Case #: 2D22-3068, Categories: Property, Negligence, Contract
J. Gladwin finds that the circuit court improperly ordered that one of the children remain in foster care. Although the dependency-neglect finding is proper as to one of the children since the father committed sexual abuse and the mother took no action to stop it, statute requires that in considering disposition alternatives, the court “shall give preference to the least restrictive disposition consistent with the [child's] best interest.” The court did not make “any findings as to adjudication.” Because the court declined to adjudicate the child dependent-neglect, it cannot jump to the disposition alternative of foster care. Reversed in part.
Court: Arkansas Court Of Appeals, Judge: Gladwin , Filed On: September 27, 2023, Case #: CV-23-150, Categories: Family Law, Guardianship
J. Stephens finds that defendant was properly sentenced to 60 years on his guilty plea to manslaughter and obstruction of justice. The trial court took defendant's lengthy criminal history into consideration as well as the deliberate cruelty of stabbing the victim, whom he had been raised with, in the chest with a knife. Further, the PSI showed that defendant would have been considered a fourth felony offender and would have been exposed to the possibility of a life sentence if sentenced as a habitual offender. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Stephens, Filed On: September 27, 2023, Case #: 55,265-KA, Categories: Obstruction, Manslaughter
J. Kelly finds that the trial court properly ruled to terminate a mother's parental rights to her four children. The evidence shows that the mother failed to comply with court orders to preserve her parental rights. Such facts sufficiently establish that it is in the best interest of her children to be removed from her care. Affirmed.
Court: Texas Courts of Appeals, Judge: Kelly, Filed On: September 27, 2023, Case #: 03-23-00243-CV, Categories: Family Law
J. Cogburn grants an automobile association’s motion for summary judgment following wrongful denial of severance benefits allegations brought by a former vice president of talent development. The association recruited the VP to work internally in HR, which was a specialty of hers. However, after she relocated her family from Charlotte to San Antonio for the job, the association allegedly assigned her tasks vastly different than the ones they had initially discussed. After switching her job positions twice during her six weeks of employment, the association fired her. According to the severance plan, the VP was not qualified to receive any because it fired her due to negative job performance, which does not qualify for severance.
Court: USDC Western District of North Carolina, Judge: Cogburn, Filed On: September 27, 2023, Case #: 3:22cv146, NOS: Employee Retirement Income Security Act (ERISA) - Labor, Categories: Employment, Erisa
J. Shorr finds the trial court properly denied a timber company’s petition for a statutory way of necessity over state-owned land and awarding attorney fees to the Department of Forestry. “Based on the record, the trial court could reasonably conclude that defendant articulated a reasoned explanation for withholding consent to the petition, and thus did not act arbitrarily and capriciously as a matter of law.”
Court: Oregon Court of Appeals, Judge: Shorr, Filed On: September 27, 2023, Case #: A167397, Categories: Property, Attorney Fees
J. Kleeh grants the insurance carrier’s motion for summary judgment in the complaint an employee of a business client seeks to declare the carrier is obligated to compensate him above the $300,000 per accident coverage for the uninsured and underinsured motorist claim he submitted for the injuries he sustained on May 4, 2021, when was he was knocked unconscious after a motorist driving southbound on Interstate 79 in Braxton County failed to stop in time, and collide with the overturned vehicle that barrel rolled from the northbound lane while he was rendering aid to the driver. The court finds since the employee parked the company vehicle on the shoulder of the southbound lane and exited it to aid the driver of the overturned vehicle, he does not qualify as an “insured” under the carrier’s policy, as he was not occupying the vehicle at the time of the collision. All other pending motions denied as moot.
Court: USDC Northern District of West Virginia, Judge: Kleeh, Filed On: September 27, 2023, Case #: 1:22cv14, NOS: Insurance - Contract, Categories: Insurance, Tort, Business Practices
J. Irizarry denies judgment to a commercial landlord on claims brought by McDonald’s for violations under the fast-food chain’s 20-year lease agreement. The chain proffers enough evidence for its declaratory relief claim to allege the landlord failed to cooperate with the appraisal process when it misled an appraiser in the hopes of maintaining an unfairly high rent for the location, which McDonald’s alleges was a pressure tactic to get it to vacate the property and thus give them the opportunity to execute their plans to build a high-rise development in its place.l
Court: USDC Eastern District of New York, Judge: Irizarry, Filed On: September 27, 2023, Case #: 1:19cv6471, NOS: Other Contract - Contract, Categories: Landlord Tenant, Contract
J. Stone finds that defendant was properly convicted of second degree murder and conspiracy to commit second degree murder. There was sufficient evidence that defendant arranged for the victim, the mother of his child who was planning to leave him, to be shot by his accomplice. There were text messages between defendant and the accomplice tracking the victim's movements just moments before her death, as well as deleted internet searches made by defendant regarding gunshot wounds and if insurance would pay for gunshot injuries. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Stone, Filed On: September 27, 2023, Case #: 55,168-KA, Categories: Evidence, Murder
J. Greer finds that defendant was properly convicted of assault causing bodily injury because body camera footage of the victim speaking with deputies was admissible under the excited utterance exception to the hearsay rule. Affirmed.
Court: Iowa Court Of Appeals, Judge: Greer, Filed On: September 27, 2023, Case #: 22-0333, Categories: Evidence, Assault
[Consolidated.] J. Gardephe partially grants the students' motion for class certification in a consumer law case accusing the lenders of fraudulently obtaining default judgments against the students for unprovable debts. The case shall proceed as a single class, not four separate classes, which appears to be an attempt to circumvent the $500,000-per-class statutory damages cap.
Court: USDC Southern District of New York, Judge: Gardephe, Filed On: September 27, 2023, Case #: 1:18cv7692, NOS: Consumer Credit - Other Suits, Categories: Debt Collection, Class Action
J. Tabor finds that a father's parental rights were properly terminated since he was unable to feed his child, failed to take her to necessary therapy and medical appointments, and generally remained unable to care for her. Affirmed.
Court: Iowa Court Of Appeals, Judge: Tabor, Filed On: September 27, 2023, Case #: 23-1198, Categories: Family Law
J. Buller finds that plaintiff was properly denied unemployment benefits after he was fired based on the suspicion that he had been using drugs while working in a safety-sensitive position because he failed to serve the grain company a copy of the petition seeking judicial review. Affirmed.
Court: Iowa Court Of Appeals, Judge: Buller, Filed On: September 27, 2023, Case #: 22-1691, Categories: Civil Procedure, Employment
J. Robinson that the district court properly sentenced defendant to 5 years at hard labor for first degree vehicular negligent injuring and 25 years at hard labor for vehicular homicide. In this case, defendant showed signs of impairment at the scene and tested positive for benzodiazepine, cannabinoids and cocaine. Further, there were numerous letters regarding defendant's character describing him of being a person known for drug use and partying. Affirmed in part.
Court: Louisiana Court Of Appeal, Judge: Robinson, Filed On: September 27, 2023, Case #: 55,286-KA, Categories: Sentencing, Vehicular Homicide
J. Ortega finds the trial court properly entered judgment for The First Christian Church of the Dalles, Oregon on claims for direct and vicarious liability for the sex abuse of a minor by an assistant in the church’s youth group. The individual's arguments are foreclosed by Haas v. Estate of Carter. Affirmed.
Court: Oregon Court of Appeals, Judge: Ortega, Filed On: September 27, 2023, Case #: A173412, Categories: Premises Liability
J. Stone finds that defendant was properly convicted of possession of methamphetamine, attempted illegal possession of a firearm, and attempted possession of a firearm by a convicted felon. In this case, there was no evidence of a Miranda violation when defendant confessed to the crimes, and the police officer testified that the confession was spontaneous. Further, the confession was internally consistent and was not contradicted by any other evidence introduced. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Stone, Filed On: September 27, 2023, Case #: 55,261-KA, Categories: Drug Offender, Evidence, Miranda