194 results for 'filedAt:"2024-03-15"'.
J. Young finds that the court of appeals improperly ruled against the city of Dallas in a case concerning whether the city has the authority to implement term limits on the city's retirement fund board of directors. The city's term limits provision is a separate ordinance affecting another ordinance. Because the city did not amend the original ordinance, the board has no power to challenge the term limits. Reversed.
Court: Texas Supreme Court, Judge: Young, Filed On: March 15, 2024, Case #: 22-0102, Categories: Administrative Law, Government, Municipal Law
Per curiam, the appellate division finds that the trial court properly granted the petition to prohibit the prosecutor and judge from retrying the man on weapons charges and murder. Prosecutors have not shown that a mistrial was necessary due to a "grossly unqualified" juror, and a decision had not been reached on any of the charges. Affirmed.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: March 15, 2024, Case #: OP 23-01825, Categories: Jury, Murder, Double Jeopardy
Per curiam, the appellate division finds that the trial court improperly ruled in favor of the company on a complaint stemming from the construction worker allegedly getting injured after falling from a boom lift during spray painting. It is undisputed the worker fell from the lift and suffered injuries, and the company failed to show that the hazard of fumes is so extraordinary an issue that it relieves it of liability. Reversed.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: March 15, 2024, Case #: CA 23-00349, Categories: Negligence
[Consolidated.] J. Moore finds that the lower court improperly terminated the mother's parental rights to her two children. The evidence does not sufficiently support the findings, as it only consisted of "nine pages of transcript testimony of one witness." The case is accordingly remanded for further proceedings. Reversed.
Court: Alabama Court of Civil Appeals, Judge: Moore, Filed On: March 15, 2024, Case #: CL-2023-0809, Categories: Evidence, Family Law
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J. Dimke partially denies summary judgment to the family for their complaint that the school district's employee did not prepare an adequate emergency care plan for their child's asthma, which allegedly led to his death after 18 days on life support following a severe asthma attack. While it is undisputed that the school district had some knowledge of the child's asthma from previous school years, a dispute remains as to the extent and timing of this knowledge.
Court: USDC Eastern District of Washington, Judge: Dimke, Filed On: March 15, 2024, Case #: 4:19cv5038, NOS: Other Civil Rights - Civil Rights, Categories: Education, Negligence, Wrongful Death
J. Motz finds the lower court improperly denied the Ghanaian's withholding of removal application. The Ghanaian faces deportation after being convicted of participating in a romance fraud scheme — in which members of the conspiracy made false romantic advances online to induce victims, many of whom were isolated or elderly, to send the conspirators money, who in turn sent the money to a militia in Africa. The lower court found that the amount of loss, the length of the scheme, and its effects on multiple vulnerable victims demonstrated that his crime was particularly serious. Because he was only a middleman between the fraudsters and their Ghanaian allies, he did not present a danger to the community and did not commit a serious enough crime to be barred from relief. Reversed.
Court: 4th Circuit, Judge: Motz, Filed On: March 15, 2024, Case #: 23-1281, Categories: Fraud, Immigration, Elder Abuse
J. Massing affirms the denial of the Massachusetts Bay Transportation Authority’s motion for summary judgment against a man suing it after its employee assaulted him, including by kicking and stomping on his head, causing him to suffer a traumatic brain injury. Public employers’ immunity from liability for their employee’s intentional torts, including assault and battery, does not extend to negligent hiring, supervision and retention, which have to do with the employer’s actions. Affirmed.
Court: Massachusetts Court Of Appeals, Judge: Massing, Filed On: March 15, 2024, Case #: 23-P-111, Categories: Transportation, Immunity, Assault
J. Chen allows some wrongful death claims to continue against an ambulance company and officials from Richmond in a dispute stemming from the death of a man who was injected with a chemical restraint after he was arrested. There is conflicting evidence on the record as to whether decedent was complying with commands when he was injected with the restraint, so several of the claims can proceed on the grounds that the injection may have been unnecessary and given without consent.
Court: USDC Northern District of California, Judge: Chen, Filed On: March 15, 2024, Case #: 3:22cv2130, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Wrongful Death
J. Scudder finds that the lower court properly found for the city in a dispute over the school's installation and use of nighttime lights at its athletics field. The school failed to show that other master plan institutions received permission to install lighting and it is "a bridge to far" to say that the school's inability to host nighttime athletic competitions poses a substantial burden on its Catholic mission. Affirmed.
Court: 7th Circuit, Judge: Scudder, Filed On: March 15, 2024, Case #: 23-1175, Categories: Municipal Law, First Amendment
J. St. Eve finds that the lower court properly overturned the bankruptcy court's decision, holding that the parties' loan authorization agreement and guaranty qualified as securities contracts totaling $25 million. Although this transfer left the debtor in dire financial straits, the trustee cannot seek to recover this money because it falls within the safe harbor provision. Affirmed.
Court: 7th Circuit, Judge: St. Eve, Filed On: March 15, 2024, Case #: 23-1931, Categories: Bankruptcy, Securities
J. Kahn vacates a prior entry of default entered against an art gallery after it failed to respond to claims that it owes a New York-based visual artist more than $635,000 for helping sell his works at its gallery. The court finds the default was not willful, the gallery’s defenses against the allegations have merit and the order would not unfairly prejudice the artist.
Court: USDC Northern District of New York, Judge: Kahn, Filed On: March 15, 2024, Case #: 1:23cv557, NOS: Other Contract - Contract, Categories: Contract
J. Clarke grants the plaintiff insurer's request for a declaration that the defendant insurer is obligated to indemnify their mutual insureds in an underlying construction injury suit. The property owner and lessee named in the underlying case qualify as additional insureds under defendant's policy, and the wrap-up exclusion does not bar coverage.
Court: USDC Southern District of New York, Judge: Clarke, Filed On: March 15, 2024, Case #: 1:22cv364, NOS: Insurance - Contract, Categories: Insurance, Contract
J. Abrams partially dismisses an employee's claims stemming from the hotel's alleged unlawful withholding of his deferred-compensation funds, which he claims it used to cover operating expenses. He cannot pierce the corporate veil to hold any individual hotel officer liable but may pursue a conversion claim on the $382,000 debt alleged owed to him.
Court: USDC Southern District of New York, Judge: Abrams, Filed On: March 15, 2024, Case #: 1:22cv775, NOS: Other Contract - Contract, Categories: Corporations, Employment, Conversion
J. Ho partially denies the resort's motion to dismiss a Muslim employee's claims he was discriminated against on the basis of his religion and disability. A supervisor's comment that the employee should try bacon is not enough to support a religious discrimination claim. However, the resort is not entitled to summary judgment because the employee offers sufficient evidence to show that the alleged insubordination for which he was fired never happened, and was pretext for firing him due to his limitations caused by his diabetes.
Court: USDC Southern District of New York, Judge: Ho, Filed On: March 15, 2024, Case #: 1:22cv3104, NOS: Employment - Civil Rights, Categories: Employment, Employment Discrimination
J. Hall grants the law firm's renewed motion to dismiss the individual's RICO, conversion, breach of fiduciary duty and breach of contract action alleging that the firm stole nearly all of his incentive award from an underlying lawsuit. The court lacks personal jurisdiction over the firm, which is in California. The firm agreed to represent the individual in the then-pending California case while the individual was still living in California. The parties' interactions afterward with the state of Georgia resulted only from the individual's move to Georgia.
Court: USDC Southern District of Georgia, Judge: Hall, Filed On: March 15, 2024, Case #: 4:23cv178, NOS: Other Personal Injury - Torts - Personal Injury, Categories: Fiduciary Duty, Conversion, Jurisdiction
J. Andrews finds a lower court properly dismissed a group of borrowers' contract claims against a lender. The borrowers, property developers, argued that the agreement with the lender to repay loans was unenforceable, and that they were entitled to an extension of time for repayment. However, the lender sufficiently showed in court that the loan agreements are enforceable given that they are regulated mortgage contracts. Affirmed.
Court: Her Majesty's Court of Appeal, Judge: Andrews , Filed On: March 15, 2024, Case #: CA-2023-1285, Categories: Property, Banking / Lending, Contract
J. Wall finds a lower court properly convicted a defendant on charges of possession of meth and possession of a controlled substance missing a drug-tax stamp. The defendant argued that the charges violated double jeopardy. However, the state presented sufficient evidence in court that the charges are two separate offenses. Affirmed.
Court: Kansas Supreme Court, Judge: Wall, Filed On: March 15, 2024, Case #: 124607, Categories: Drug Offender, Double Jeopardy
J. Wall finds a lower court properly sentenced a defendant to life in prison after he acted as an accomplice in the shooting of a 16-year-old driver in a car chase. The defendant argued that he is entitled to a new trial after the lower court allowed body cam evidence that captured his victim's dying moments. However, the government presented sufficient evidence in court that the footage was admissible based on the value of what it captured. Affirmed.
Court: Kansas Supreme Court, Judge: Wall, Filed On: March 15, 2024, Case #: 125637, Categories: Evidence, Fair Trial, Murder
J. Alley finds a lower court ruled correctly in a quo warranto case in which Texas sued to remove a Kerr County commissioner because that commissioner had pleaded guilty to felony burglary in 1973 at age 17, and people with felony convictions are not eligible to hold public office in Texas. The commissioner raised a number of issues on appeal, including arguing that his guilty plea was most equivalent to modern-day deferred adjudication and therefore was not a conviction, but the 1973 judgment “unambiguously characterizes itself” as a conviction, and the commissioner’s arguments rely heavily on recollections of conversations with his now-deceased attorney. Affirmed.
Court: Texas Courts of Appeals, Judge: Alley, Filed On: March 15, 2024, Case #: 08-23-00319-CV, Categories: Evidence, Government, Due Process
J. Soto denies a company’s motion for rehearing in a convoluted real-estate dispute with a second company and withdraws a previous opinion on the case, substituting it with this one. As this court explained in a closely related case, there is a dispute over whether an alleged receiver had authority to act on behalf of the second company, and the lower court was wrong to deny the second firm’s due process right to challenge that authority. Reversed.
Court: Texas Courts of Appeals, Judge: Soto, Filed On: March 15, 2024, Case #: 08-22-00225-CV, Categories: Civil Procedure, Due Process, Banking / Lending
J. Beck finds that the lower court properly sentenced defendant for trafficking in individuals, conspiracy, involuntary servitude, prostitution and related offenses. The admission of an expert’s testimony on the behavior of sexual violence victims was properly permitted at his trial. Affirmed.
Court: Pennsylvania Superior Court, Judge: Beck, Filed On: March 15, 2024, Case #: J-S03038-24, Categories: Prostitution, Conspiracy, Human Trafficking
J. Walker finds that the district court properly convicted defendant of conspiracy to commit wire fraud, aggravated identity theft and money laundering in a large-scale scheme centered at his tax-prep business, where stolen children's identities allegedly were sold to clients who claimed them as dependent deductions. Defendant challenged the jury instructions on his argument that he withdrew from the conspiracy before indictment, making the charges untimely, but the instructions correctly stated the law and caused him no prejudice. Affirmed.
Court: 2nd Circuit, Judge: Walker, Filed On: March 15, 2024, Case #: 22-2090, Categories: Tax, Identity Theft, Jury Instructions
J. Bianco finds that the district court improperly set a special parole condition following defendant's conviction on his guilty plea to possessing cocaine with intent to distribute and possessing a firearm in furtherance of drug trafficking. While a defendant can be subjected to random searches by probation officers, the need for such a condition must be sufficiently explained. On remand, rationale for the condition is needed, along with assurances that its imposition involved no greater deprivation of liberty than necessary. Vacated.
Court: 2nd Circuit, Judge: Bianco, Filed On: March 15, 2024, Case #: 21-2954, Categories: Drug Offender, Parole
J. Carney finds that the district court improperly dismissed claims of discrimination in hiring brought by a candidate for a New York City youth services job. The action was not redundant after a state court rejected the applicant's civil rights claims because he amended the federal filing to also demand damages, which could not be awarded in the state case. Vacated in part.
Court: 2nd Circuit, Judge: Carney, Filed On: March 15, 2024, Case #: 22-412, Categories: Damages, Employment Discrimination