194 results for 'filedAt:"2024-01-31"'.
J. Knapp denies, in part, the insurer's motion to dismiss, ruling that while there are discrepancies between the property owner's representations and several sworn statements about the value of possessions destroyed by a fire in the home, the insurer has failed to establish whether the owner intentionally misled investigators, and such an issue of fact allows the contract claim to proceed.
Court: USDC Northern District of Ohio, Judge: Knepp, Filed On: January 31, 2024, Case #: 3:22cv1187, NOS: Insurance - Contract, Categories: Insurance, Contract
J. Robart grants the aircraft manufacturer's motion to seal its Dec. 29, 2023 letter to the court in its lawsuit accusing Boeing of infringing on the aircraft manufacturer's hybrid-electric and electric aircraft technology. Boeing does not oppose this motion, which the aircraft manufacturer puts forth because its interrogatory responses "in part reflect Zunum’s confidential and proprietary business information and may reflect information Zunum learned from documents that Boeing produced in this litigation and designated confidential."
Court: USDC Western District of Washington, Judge: Robart, Filed On: January 31, 2024, Case #: 2:21cv896, NOS: Patent - Property Rights, Categories: Patent, Discovery
J. Joyce finds the juvenile court properly terminated a father’s parental rights to two children. The high-needs children "need permanency after being in temporary care for four years.” Affirmed.
Court: Oregon Court of Appeals, Judge: Joyce, Filed On: January 31, 2024, Case #: A181752, Categories: Family Law
J. Stanfill finds that the lower court improperly set aside a partial settlement agreement in this partition case dividing certain real property. The court concludes that the settlement agreement at issue "was valid and enforceable." Accordingly, the matter is remanded "to determine the meaning of the agreement and partition the property accordingly." Vacated.
Court: Maine Supreme Court, Judge: Stanfill, Filed On: January 31, 2024, Case #: 2024ME14, Categories: Civil Procedure, Real Estate
J. Soto finds a lower court did not err in entering an order of deferred adjudication in an assault case. Defendant appealed, arguing she had not in fact waived her right to a jury trial, but while the record does not include a written waiver of her jury rights, there was nonetheless evidence that defendant “knowingly and intelligently” waived a jury trial, including in a recitation and in an email exchange between her defense attorney and a prosecutor. Affirmed.
Court: Texas Courts of Appeals, Judge: Soto, Filed On: January 31, 2024, Case #: 08-22-00161-CR, Categories: Jury, Probation, Due Process
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J. Scales finds the probate court properly denied the beneficiary's attempt to have a document she presented be accepted as a lost will, as the probate court correctly held that a previous appellate court ruling in the beneficiary's dispute with the estate precluded the successive attempt to probate the document. Affirmed.
Court: Florida Courts Of Appeal, Judge: Scales, Filed On: January 31, 2024, Case #: 23-0054, Categories: Wills / Probate
J. Morris finds that the trial court improperly suppressed statements defendant made during a church meeting on grounds of clergy-penitent privilege in defendant's trial for lewd and lascivious molestation of a child between the ages of 12 and 16. Reversed.
Court: Florida Courts Of Appeal, Judge: Morris, Filed On: January 31, 2024, Case #: 2D22-3707, Categories: Evidence, Sex Offender
J. Wright denies a motion for class certification in the nonprofit and the once-homeless individuals' suit against various government entities alleging that police sweeps of encampments of the homeless in Minneapolis parks have violated their civil rights. While the plaintiffs are no longer homeless, the transitory nature of homelessness qualifies them for an exception to typical standing requirements. They have not, however, successfully demonstrated that the proposed class is sufficiently numerous for class certification, nor identified predominantly common questions that would be more efficiently resolved in a class action. They have demonstrated that they would be adequate representatives of the proposed class, but not that their experience is typical of homeless people in Minneapolis. The need for tailored relief based on the circumstances of the various encampments would also prevent them from obtaining relief to the entire class through a single injunction.
Court: USDC Minnesota, Judge: Wright, Filed On: January 31, 2024, Case #: 0:20cv2189, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Housing, Class Action
J. Wood finds that four Iranian nationals who wish to join their family members who have U.S. citizenship cannot appeal the government's denial of their visa applications. The doctrine of consular nonreviewability precludes judicial review of this action pursuant to Supreme Court precedent and Congress has unambiguously said that exemption determinations are to be left to the Executive's "sole unreviewable discretion." Affirmed.
Court: 7th Circuit, Judge: Wood, Filed On: January 31, 2024, Case #: 23-1392, Categories: Administrative Law, Civil Procedure, Agency
Per curiam, the appellate division finds that the lower court properly designated defendant a level two sex offender. His low score on a risk assessment instrument does not, by itself, qualify him for a downward departure from his presumptive risk level designation. Affirmed.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: January 31, 2024, Case #: 00440, Categories: Sex Offender
J. Herndon finds the trial court properly granted summary judgment to the wife of the gambling strategies publisher. The casino systems manufacturer accused the publisher of redirecting funds through his wife as part of its complex claims including RICO, conspiracy, conversion, and unjust enrichment brought against several entities and individuals. The manufacturer's evidence is insufficient to raise an issue of genuine material fact the wife was engaged in civil conspiracy unrelated to a kickback scheme. Affirmed in part.
Court: Nevada Supreme Court, Judge: Herndon , Filed On: January 31, 2024, Case #: 85618, Categories: Fraud, Conversion, Racketeering
Per curiam, the appellate division finds that the lower court properly denied the residential co-op members' motion for a preliminary injunction seeking to stay a holdover proceeding. The members failed to show they are likely to succeed on the merits. Affirmed.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: January 31, 2024, Case #: 00405, Categories: Property
J. Gladwin finds the trial court properly convicted defendant for first-degree murder, two counts of committing a terroristic act and use of a firearm. Evidence was presented at trial showing defendant and the victim were members of rival gangs, while witnesses confirmed defendant was looking for the victim. Ample evidence, including shell casings and a matching weapon found in defendant's possession supports the conviction. Furthermore, evidence included a video of defendant displaying weapons and reciting rap lyrics referring to killing members of the rival gang. Defense counsel did not object to the court's admitting a written journal because it supported the strategy that the video was art. Affirmed.
Court: Arkansas Court Of Appeals, Judge: Gladwin , Filed On: January 31, 2024, Case #: CR-22-717, Categories: Evidence, Murder, Gangs
J. Hudson reverses the Court of Appeals' reversal of the district court's certification of a dismissal order as a partial final judgment in a breach-of-contract case related to a wastewater treatment plant improvement project. The contractor requested, and the city stipulated to, certification, and the district court documented its reasons for granting certification rather than delaying an appeal until resolution of underlying claims. The risk of mootness is outweighed by other factors supporting certification, including the separability of the claims, and the district court therefore did not abuse its discretion in certifying the order. Reversed.
Court: Minnesota Supreme Court, Judge: Hudson, Filed On: January 31, 2024, Case #: A22-1771, Categories: Civil Procedure, Contract
J. Bokor finds the trial court properly denied defendant a new trial after he was convicted of first-degree murder and attempted murder. The record supports the trial court's finding that the newly discovered evidence defendant claimed in his motion, which involved an eyewitness saying defendant was not at the scene of the crime, was unreliable in part due to the witness' cocaine addiction and would not have resulted in reasonable doubt of defendant's guilt. Affirmed.
Court: Florida Courts Of Appeal, Judge: Bokor, Filed On: January 31, 2024, Case #: 22-1173, Categories: Evidence, Murder
J. Ray finds that the trial court properly sentenced defendant after he violated probation imposed upon his conviction for lewd and lascivious battery of a victim under 16 years old by having unsupervised contact with a minor. Defendant committed a "substantive violation," and the court was not limited by a six-year sentencing cap. Affirmed.
Court: Florida Courts Of Appeal, Judge: Ray, Filed On: January 31, 2024, Case #: 1D2021-3609, Categories: Probation, Sentencing, Sex Offender
J. Graves finds the district court improperly found for the prison officials on an inmate's claim the officials failed to prevent his assault by another inmate, saying they ignored warnings he was a target. Although the officials argue the inmate had not exhausted his administrative remedies, the inmate's sworn statement says his first grievance was filed within the deadline. He then filed another grievance, which infers he either did not receive a response or received an unfavorable one. Assessment of the statement’s credibility is a matter for trial, not summary judgment. Reversed.
Court: 5th Circuit, Judge: Graves , Filed On: January 31, 2024, Case #: 22-40415, Categories: Evidence, Assault, Prisoners' Rights
J. Virden finds the trial court properly convicted defendant for kidnapping. All evidence supports the conviction, as well as the court's denial of defendant's motion to represent himself. Defendant's arguments supporting self-representation included singing, explaining the problem was that he needed a real girlfriend, and referring to himself a soldier of truth and understanding. He also addressed the court as “Mommy” and “Judge K.” Affirmed.
Court: Arkansas Court Of Appeals, Judge: Virden , Filed On: January 31, 2024, Case #: CR-22-818, Categories: Evidence, Kidnapping, Self Representation
J. Van Tine finds that the lower court properly found for the bar and dismissed a tort suit filed by the family of an employee who died after falling while drunk at work and sustaining a head injury. The Dramshop Act provides the exclusive remedy for causes of action stemming from the provision of alcohol, so the family may not pursue common-law causes of action. Affirmed.
Court: Illinois Appellate Court, Judge: Van Tine, Filed On: January 31, 2024, Case #: 231424, Categories: Tort, Wrongful Death
J. Hoyle finds the trial court improperly denied the farm equipment owner's request for a new trial. The business partner alleged the owner breached the contract for co-ownership of the equipment and was granted default judgment due to the owner's failure to file an answer. The owner's motion for a new trial was denied, in part, due to his providing no new evidence. However, the owner's excuse for not filing an answer reasonably explains his mistaken belief he was not required to file because the case would be on hold while settlement negotiations were pending. Reversed.
Court: Texas Courts of Appeals, Judge: Hoyle , Filed On: January 31, 2024, Case #: 12-23-00069-CV, Categories: Agriculture, Business Expectancy, Contract
J. Worthen dissolves the temporary injunction granted to the business partner. The partner sought declaratory judgment that a note for land is not in default because the amount the owner owes the partner pursuant to a default judgment in another contract dispute exceeds the amount of the payment owed for the land. The injunction prevented the owner from foreclosing until the trial court rendered judgment and ordered the parties to schedule a trial. The trial court’s requirement the parties schedule a trial for an unspecified date by contacting the court coordinator does not comply with the rule governing the setting of the cause for a trial on the merits.
Court: Texas Courts of Appeals, Judge: Worthen , Filed On: January 31, 2024, Case #: 12-23-00211-CV, Categories: Due Process, Partnerships, Contract
J. Neeley finds the trial court properly convicted defendant for evading arrest and theft of property after he crashed a stolen truck into a pond on private property. Although certain photos supporting an officer's testimony were suppressed, this did not nullify the entirety of her testimony about seeing defendant in the truck. Furthermore, another officer testified he responded to the crash and obtained surveillance video showing the crash and fleeing driver, and that he had known defendant for many years and identified him in court. Affirmed.
Court: Texas Courts of Appeals, Judge: Neeley , Filed On: January 31, 2024, Case #: 12-23-00099-CR, Categories: Evidence, Theft, Vehicle
Per curiam, the appellate division finds that the lower court properly denied the church's motion to dismiss a personal injury suit filed by a bus rider who fell on an allegedly broken section of sidewalk in front of the premises. The church failed to establish it had no duty to maintain the area where the accident occurred. Affirmed.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: January 31, 2024, Case #: 00408, Categories: Tort
J. Peterson grants a motion in limine from the school district, the former teacher and other district employees seeking to define "garden variety emotional distress" as pertains to the scope of discovery and evidence in a lawsuit from former high school students claiming the former teacher secretly made video recordings of them in hotel rooms during field trips, occasionally while they were naked. The parties will proceed with a definition of garden variety emotional distress that includes, in part, that it is "emotional distress within the range of what a healthy, well-adjusted person would feel as a result of defendant's conduct." The students may claim they have suffered this kind of harm without waiving their right to keep their mental health records private, yet they also must give up any claims to more severe forms of emotional distress.
Court: USDC Western District of Wisconsin, Judge: Peterson, Filed On: January 31, 2024, Case #: 3:21cv683, NOS: Other Civil Rights - Civil Rights, Categories: Emotional Distress, Discovery
[Consolidated.] J. Stinson denies the government's motion for reconsideration of a previous decision granting partial summary judgment to the contractor. The contractor's alleged failure to submit auditable final indirect cost rate proposals on its time and material contracts did not give the government a basis to assess a decrement on the contractor's costs for direct labor, which were determined by contractually mandated hourly labor rates. Although it may have a right of recoupment based upon other provisions, the cited regulation does not provide the government that authority in the context of these appeals.
Court: Armed Services Board Of Contract Appeals, Judge: Stinson , Filed On: January 31, 2024, Case #: 62413, Categories: Government, Contract, Labor
J. Marcel vacates the trial court finding for the state on a property owner's forfeiture proceeding related to his car being seized during an ongoing drug investigation. The trial court should not have denied the property owner's motion to amend his claim under the Seizure and Controlled Dangerous Substances Property Forfeiture Act because the property owner presented evidence to show the car was bought with funds received from a car accident. Further, the property owner's claim of ownership was timely filed. Vacated.
Court: Louisiana Court Of Appeal, Judge: Marcel, Filed On: January 31, 2024, Case #: 23-CA-212, Categories: Civil Procedure, Property