276 results for 'filedAt:"2024-03-27"'.
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J. Tookey finds the Employment Relations Board (ERB) properly dismissed an employee's claim of an unfair labor practice against his employer. The employee failed to raise proper assignments of error. Affirmed.
Court: Oregon Court of Appeals, Judge: Tookey, Filed On: March 27, 2024, Case #: A179566, Categories: Labor / Unions
J. Groh adopts the magistrate judge's report and recommendation following remand from the 4th U.S. Circuit Court of Appeals, approving the case as a class action and denying the cross motions for summary judgment. There are material disputes about the vesting of the retiree's life insurance benefits prior to 1984. Given the time the case has been on the docket, and that certain evidence has been destroyed, the court orders the parties to confer to discuss a mutually agreeable adverse inference to be submitted for the court's consideration and to attend another mediation session on or before June 3.
Court: USDC Northern District of West Virginia, Judge: Groh, Filed On: March 27, 2024, Case #: 5:18cv114, NOS: Employee Retirement Income Security Act (ERISA) - Labor, Categories: Civil Procedure, Erisa, Class Action
J. Kleeh grants the oil and gas service providers' motions to dismiss the whistleblowers' qui tam suit claiming the six companies involved are one interconnected firm with overlapping leadership and organization that share resources, personnel and finances, which should have disqualified them from receiving $13,849,170 in Paycheck Protection Program loans. The whistleblowers failed to provide original source information to the U.S. Department of Justice for consideration of a suit under the False Claims Act, as well as any details of fraud in their amended complaint.
Court: USDC Northern District of West Virginia, Judge: Kleeh , Filed On: March 27, 2024, Case #: 1:23cv1, NOS: Qui Tam (31 U.S.C. § 3729(a)) - Torts - Personal Property, Categories: Government, False Claims
J. Fitzgerald finds that defendant was properly convicted of second degree murder for the shooting death of a victim during a drug buy. There was sufficient evidence of defendant's "specific intent to kill the victim," and this includes testimony from a witness, detective and the doctor who performed the autopsy of the victim. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Fitzgerald, Filed On: March 27, 2024, Case #: KA-23-484, Categories: Evidence, Murder
J. Gladwin finds the county improperly adopted an ordinance denying the miner's request for a conditional use permit for surface mining. The more than 7,000-page record, including non-bookmarked exhibits, is unclear as to what pleading or other portion of the record the exhibits are related. The case is remanded to correct the record.
Court: Arkansas Court Of Appeals, Judge: Gladwin , Filed On: March 27, 2024, Case #: CV-21-282, Categories: Energy, Licensing, Municipal Law
J. Virden finds the trial court properly convicted defendant for multiple counts of being an accomplice to rape and kidnapping. Evidence shows defendant and the victim engaged in discussion of their sexual fetishes on a particular website, later meeting and engaging in non-sexual "pup play," where the victim pretended to be a dog. Evidence shows the victim was drugged and overpowered by defendant and forced to engage in sexual acts. The court has broad discretion on evidentiary rulings according to the rape-shield statute. Certain statements were properly allowed, and no abuse of discretion is found. Affirmed.
Court: Arkansas Court Of Appeals, Judge: Virden , Filed On: March 27, 2024, Case #: CR-23-174, Categories: Evidence, Sex Offender
J. Barbier grants a request by a manufacturer of air conditioners and heating systems, dismissing a competitor’s state law claims of unfair trade practices arising from its hiring of a former employee who allegedly divulged the confidential details of a product produced by his former employer. The litigant HVAC company has not alleged any specific conduct by its competitor that is “immoral, unethical, unscrupulous or substantially injurious.” Instead, the claims against the competitor demonstrate the latter company’s permissible business judgment in hiring and product development.
Court: USDC Eastern District of Louisiana , Judge: Barbier, Filed On: March 27, 2024, Case #: 2:23cv1669, NOS: Other Personal Property Damage - Torts - Personal Property, Categories: Employment, Evidence, Business Practices
J. Graham grants the mall property owner's motion to dismiss, ruling the investors fail to provide a causal link between statements made by executives about potential returns on investment and a sharp drop in the company's stock price shortly before they declared bankruptcy. Although several of the projections proved to be inaccurate, there is no evidence of fraud on the part of the executives, while the impact of the Covid-19 pandemic on malls across the country led to a large amount of the losses sustained before the company filed for bankruptcy.
Court: USDC Southern District of Ohio, Judge: Graham, Filed On: March 27, 2024, Case #: 2:21cv2757, NOS: Securities/Commodities/Exchange - Other Suits, Categories: Fraud, Securities, Covid-19
Vice Chancellor Will grants judgment on the pleadings to shareholders seeking to compel a corporation to hold an annual shareholder meeting because the purported written consent was not effective due to the failure to vacate all directorships before they were filled by "unanimous consent."
Court: Delaware Chancery Court, Judge: Will, Filed On: March 27, 2024, Case #: 2023-1044-LWW, Categories: Elections
Chancellor McCormick dismisses shareholder derivative claims challenging a 2020 direct offering by alleging that controlling stockholders of the online auto seller enriched themselves by acquiring shares at a depressed price. The special litigation committee formed to investigate the accusations found no wrongdoing, and the court accepts that determination under "Zapata Corporation v. Maldonado."
Court: Delaware Chancery Court, Judge: McCormick, Filed On: March 27, 2024, Case #: 2020-0415-KSJM, Categories: Fiduciary Duty
J. Aenlle-Rocha finds in favor of Home Depot against the customer's complaint that it sold him Graco Magnum X5 paint sprayer that “sparked” and caught on fire, causing serious burns to the customer's right hand, wrist and forearm. The customer does not provide any admissible evidence of a manufacturing defect about the sprayer. His only expect does not affirmatively state that the sprayer had a manufacturing defect, only that it possibly had one.
Court: USDC Central District of California, Judge: Aenlle-Rocha, Filed On: March 27, 2024, Case #: 8:20cv2127, NOS: Personal Injury - Product Liability - Torts - Personal Injury, Categories: Evidence, Product Liability, Experts
J. Bernal finds in favor of the animal control officers against the animal rescue leader's claim that they issued a search warrant against her and the home owner, falsely accusing the latter two of stealing about 63 German shepherd dogs from an uninhabitable property. The fact that one of the animal control officers omitted how the animal rescue leader communicated with a San Bernardino County Sheriff’s Department officer about receiving the 63 dogs does not impact that the animal control officers had probable cause to search the home owner's phone records or that the animal control officers authored a reasonable search warrant.
Court: USDC Central District of California, Judge: Bernal, Filed On: March 27, 2024, Case #: 5:22cv1600, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights
J. DeGravelles grants a request by foreign and domestic insurers, ordering a stay of a nonprofit condominium owners’ suit for recovery of repairs for wind and hailstorm damage, pending arbitration of claims. The condo owners fail to support their argument the arbitration provision is unenforceable.
Court: USDC Middle District of Louisiana, Judge: DeGravelles, Filed On: March 27, 2024, Case #: 3:23cv279, NOS: Insurance - Contract, Categories: Arbitration, Damages, Contract
Per curiam, the court of criminal appeals reforms a citizen’s murder sentence from death to life after; the trial court properly concluded the citizen has an intellectual disability. The citizen alleges racial bias tainted his conviction and death sentence, the jury engaged in prejudicial misconduct, and he was improperly interrogated for constitutional rights violations. These allegations are dismissed as an abuse of writ, because the citizen fails to satisfy the requirements.
Court: Texas Court of Criminal Appeals, Judge: Per curiam, Filed On: March 27, 2024, Case #: WR-75105-02, Categories: Habeas, Murder
J. Poochigian finds that defendant failed to show that the trial court improperly accepted the state's explanations for its peremptory challenges to three Hispanic jurors in his murder trial. However, his conviction for active gang participation and gang and firearm enhancements to his murder conviction must be reversed under a statute narrowing the definition of gang participation. Reversed in part.
Court: California Courts Of Appeal, Judge: Poochigian, Filed On: March 27, 2024, Case #: F080361, Categories: Jury, Murder, Gangs