169 results for 'filedAt:"2024-03-13"'.
J. Savoie finds the lower court properly awarded general damages, but improperly awarded past medical damages in a worker’s compensation matter. A janitorial employee was injured when he opened an office door and was threatened by an employee's large dog. In fleeing, the janitorial worker injured his leg and knee, requiring surgery. A jury awarded him $1,247,527 in damages. The employer argues evidence does not support the awarded amount and requests a deduction for past medical expenses. The instant court agrees with the employer that evidence does not support the $40,000 award for past medical expenses and reduces it to $39,190. But the instant court finds the $1.2 million award for general damages, that has already been reduced to $500,000 to comply with the statutory cap, is adequately supported by evidence. Affirmed in part.
Court: Louisiana Court Of Appeal, Judge: Savoie, Filed On: March 13, 2024, Case #: 23-291, Categories: Damages, Workers' Compensation
J. Ayers finds the lower court properly convicted defendant of felony murder by aggravated child abuse, felony murder by aggravated child neglect, two counts of aggravated child abuse, reckless endangerment, aggravated child neglect and two counts of child abuse. Defendant beat a three-year-old girl while he babysat her, resulting in massive head trauma and ultimately the child’s death. The lower court took into account the instant matter along with defendant’s criminal history, resulting in an effective sentence of life imprisonment plus 48 years. Defendant argues he should not have received partial consecutive sentences, but the instant court finds no error. Affirmed.
Court: Tennessee Court of Criminal Appeals, Judge: Ayers, Filed On: March 13, 2024, Case #: M2022-01529-CCA-R3-CD, Categories: Murder, Sentencing, Child Victims
J. Kennedy finds attorney Joseph Bell will be indefinitely suspended from the practice of law for a felony conviction that stemmed from his solicitation of sex from an undercover police officer whom he believed to be a 15-year-old girl. Bell was an assistant prosecutor in the juvenile division of the Cuyahoga County Prosecutor's Office, which makes his behavior more egregious because his job involved protecting children. Before he can apply for reinstatement in two years, he must complete community control sanctions imposed by the criminal court and submit proof from a medical professional that he has continued counseling.
Court: Ohio Supreme Court, Judge: Kennedy, Filed On: March 13, 2024, Case #: 2024-Ohio-876, Categories: Sanctions, Attorney Discipline
J. Thyer finds the trial court properly ordered child support, alimony and division of marital debt in its divorce decree. All evidence supports the ex-husband, a fireman with multiple sources of income, including rental properties, was properly ordered to pay child support and alimony to his disabled wife. The wife lives in a mobile home purchased by her brother on her father's property. Her income consists of disability checks and family help. Certain credit card debt incurred by the wife was for essentials for the children, and the husband provides no evidence supporting his claim that she is a compulsive spender. Affirmed.
Court: Arkansas Court Of Appeals, Judge: Thyer , Filed On: March 13, 2024, Case #: CV-23-94, Categories: Debt Collection, Family Law, Property
J. Murphy finds the trial court properly convicted defendant for four counts of first-degree sexual assault, amended from the original charge of rape. Defendant's ex-wife's minor daughter asserted he raped her multiple times between the ages of 14 and 17. Sufficient evidence supports the conviction. Though defendant moved to strike the amended information or for a continuance, saying the information was filed giving him inadequate notice, the amendment was made after defendant divorced the mother and moved out of the residence, changing the nature of the relationship. This was known to the defense since the pendency of the case, and the court properly denied the motion. Affirmed.
Court: Arkansas Court Of Appeals, Judge: Murphy , Filed On: March 13, 2024, Case #: CR-23-131, Categories: Sex Offender, Due Process, Child Victims
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. Gladwin finds the circuit court properly entered summary judgment in favor of the property owner who removed a boundary fence. The owner removed a fence that existed before the involved owners had purchased their properties, and a survey revealed the property boundary was beyond the fence. The other property owner filed a petition for ejectment, injunction and to quiet title after the fence was moved. This owner has shown no admissible evidence creating a material fact in question regarding both owners' mutual recognition of the original fence as a boundary. Affirmed.
Court: Arkansas Court Of Appeals, Judge: Gladwin , Filed On: March 13, 2024, Case #: CV-22-557, Categories: Evidence, Property, Injunction
J. Gruber finds the circuit court properly revoked defendant's suspended imposition of sentence. After defendant's convictions for use or possession of paraphernalia to manufacture meth or cocaine, drug possession and providing prohibited articles, she was found with fentanyl and drug paraphernalia when stopped for driving left of center. The search of defendant's vehicle was properly made, as the officer knew she was on parole. All sentencing factors were properly considered. Affirmed.
Court: Arkansas Court Of Appeals, Judge: Gruber , Filed On: March 13, 2024, Case #: CR-23-565, Categories: Drug Offender, Search, Sentencing
J. Barrett finds the circuit court improperly divided the marital debts in its divorce decree. Because no reason was given after remand for an unequal distribution of a lawn care business ordered to be subject to a reverse auction, the law requires the property be divided equally. Reversed.
Court: Arkansas Court Of Appeals, Judge: Barrett , Filed On: March 13, 2024, Case #: CV-22-488, Categories: Family Law, Property, Contract
J. Brown finds the circuit court improperly terminated the Cherokee Nation member's parental rights to his minor son. The son was removed from his mother after she threatened to kill herself and him. paternity test revealed the identity of the incarcerated father, and the Cherokee Nation was informed of its right to intervene. Though both parents have not shown progress with their case plans, the evidence shows there were relatives willing to take custody upon approval of home study. The court also erroneously changed the case’s goal to only adoption following termination in contravention of mandates of the Indian Child Welfare act. Reversed.
Court: Arkansas Court Of Appeals, Judge: Brown , Filed On: March 13, 2024, Case #: CV-23-642, Categories: Evidence, Native Americans, Guardianship
J. Morgan denies immunity to four prison officers who allegedly violated an inmate’s constitutional right to basic hygiene and sanitation during his four-day confinement to a “dry cell.” The officers suspected the inmate stored contraband in his rectum, repeatedly ordered him to ingest laxatives, perform bowel movements in full restraints, submit to strip-searches, and undergo x-rays; however, no contraband was found.
According to the inmate’s undisputed account, he was denied a shower, not allowed to wash his hands or brush his teeth, and had to eat near an open bucket of human waste.
Court: USDC Eastern District of Louisiana , Judge: Morgan, Filed On: March 13, 2024, Case #: 2:22cv2680, NOS: Prison Condition - Habeas Corpus, Categories: Civil Rights, Immunity, Police Misconduct
J. Branch finds that the district court properly denied the individual's motion to set aside the default judgment entered against him in the couple's action arising from alleged misconduct in real estate investment transactions. The district court correctly found that the individual's default was willful and that he repeatedly ignored documents mail to him, including the complaint, written discovery requests and a subpoena for document production. Affirmed.
Court: 11th Circuit, Judge: Branch, Filed On: March 13, 2024, Case #: 22-13303, Categories: Civil Procedure
J. Marshall finds for the commissioner of internal revenue in this tax liability dispute because business deductions were not properly substantiated.
Court: U.S. Tax Court, Judge: Marshall, Filed On: March 13, 2024, Case #: 2024-29, Categories: Tax
J. Gravois finds that the trial court properly issued a permanent injunction against defendant in favor of plaintiffs after defendant drove to plaintiffs’ home and made verbal threats against their lives. However, the permanent injunction should not have included one of the plaintiffs' sons because the son was not a named party, and they did not seek any injunctive relief in favor of the son. Further, the trial court should not have found defendant in contempt of court because she did not have notice of this claim. Affirmed in part.
Court: Louisiana Court Of Appeal, Judge: Gravois, Filed On: March 13, 2024, Case #: 23-CA-213, Categories: Civil Procedure, Contempt
J. Windhorst finds that the trial court properly denied the Department of Transportation's second motion for leave to file an amended answer and affirmative defenses on a driver's claim for damages arising from a Department employee rear-ending her vehicle. The department's claim to amend its answer to assert statutory immunity was made over four years into the litigation. The record shows that the driver would be unduly prejudiced by allowing the department to amend their answer and assert an immunity defense at this point in the litigation. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Windhorst, Filed On: March 13, 2024, Case #: 23-C-588, Categories: Immunity, Negligence
J. Fowlkes grants the city's dismissal motion pursuant to Rule 12(b)(6) in this lawsuit brought by the president of a towing company alleging that the city violated his constitutional rights and committed various torts against him based on an incident involving a city police officer. The tow company executive fails to cite "a custom or policy" behind the alleged Section 1983 violation. Also, the city is immune from suit for the tort claims.
Court: USDC Western District of Tennessee , Judge: Fowlkes, Filed On: March 13, 2024, Case #: 2:23cv2102, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Tort, Immunity
J. Kennedy finds that the lower court properly ordered the appellant to be civilly committed pursuant to Texas Health and Safety Code Chapter 841, after a jury found the appellant to be a "sexually violent predator." Contrary to the appellant's argument, the evidence sufficiently supports the jury's determination and the judgment. At trial, a psychologist testified that the appellant has "a behavioral abnormality," and there was no evidence to refute her evaluation. Affirmed.
Court: Texas Courts of Appeals, Judge: Kennedy, Filed On: March 13, 2024, Case #: 05-23-00334-CV, Categories: Evidence, Commitment
J. Birkett finds that the lower court properly convicted defendant of criminal sexual assault of his stepdaughter. Defendant cannot blame the trial court for his counsel's decision not to play the victim's full interview for the jury when he had the opportunity to do so. Further, it was a reasonable trial strategy not to present this evidence to the jury because it might have generated additional sympathy for her in the eyes of the jury. Affirmed.
Court: Illinois Appellate Court, Judge: Per curiam, Filed On: March 13, 2024, Case #: 230125, Categories: Evidence, Sex Offender
J. Kunselman finds that the juvenile court improperly denied a pair of foster parents’ motion to intervene in the court-ordered removal of a child from their care during dependency proceedings with the child’s mother. The foster parents are allowed to intervene under the “prospective adoptive parent exception” since they have demonstrated that they have a legitimate expectation of adopting the child, since they cared for her for two years beginning one month after her birth. Vacated.
Court: Pennsylvania Superior Court, Judge: Kunselman, Filed On: March 13, 2024, Case #: J-A18014-23, Categories: Civil Procedure, Guardianship
J. Penzalo finds the lower court properly found in favor of a doctor regarding a patient's allegations of discrimination. The patient claimed the doctor was insensitive and accusatory during the initial visit with the doctor which caused her trauma, and that he discriminated against her. The doctor argued that the claim is one of medical malpractice, requiring the patient to first pursue relief via a medical review panel; the lower court agreed and dismissed the patient’s complaint. The instant court finds no error in the lower court’s determination. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Penzato, Filed On: March 13, 2024, Case #: 2023CA0914, Categories: Damages, Jurisdiction, Medical Malpractice
J. Miller finds that the district court properly entered summary judgment for the Orange County Transportation Authority (OCTA) in an action brought by two investor-owned utilities who allege that they are entitled to compensation for having to relocate their equipment from public streets to allow for the construction of a streetcar line. The utilities companies were not entitled to compensation under the takings clause because they did not have a property interest under California law in maintaining their facilities at their specific locations in the face of OCTA’s efforts to construct a streetcar line. Affirmed.
Court: 9th Circuit, Judge: Miller , Filed On: March 13, 2024, Case #: 22-55498, Categories: Municipal Law, Property