132 results for 'filedAt:"2024-04-11"'.
J. Finkle dismisses a debtor's appeal of the bankruptcy court's rejection of his objection to the Massachusetts Department of Revenue's proof of claim. The debtor lacks standing to appeal because his chapter 13 case was converted into a chapter 7 case.
Court: 1st Circuit, Judge: Finkle, Filed On: April 11, 2024, Case #: 22-041 , Categories: Bankruptcy, Jurisdiction
Per curiam, the court of appeals finds the administrative employees are not entitled to a writ of mandamus to invalidate the policy that led to their terminations. Although the school board's policy did not contain a "detailed list of criteria," it met statutory requirements and was justified in light of budgetary constraints faced by the district.
Court: Ohio Court Of Appeals, Judge: Per curiam, Filed On: April 11, 2024, Case #: 2024-Ohio-1542, Categories: Civil Procedure, Education, Employment
J. Lasnik denies Mercedes-Benz summary judgment for an unjust enrichment claim in the consumer's class action alleging that Mercedes-Benz manufactured and sold vehicles with defective brakes. Mercedes-Benz argues that the Washington Products Liability Act preempts the consumer's unjust enrichment claim, but the consumer is seeking to recover economic losses which the WPLA does not preempt, and the consumer plausible infers that the money he paid for the vehicle enriched Mercedes-Benz.
Court: USDC Western District of Washington, Judge: Lasnik, Filed On: April 11, 2024, Case #: 2:22cv665, NOS: Contract Product Liability - Contract, Categories: Vehicle, Product Liability, Contract
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[Consolidated.] J. St. Eve finds that the lower court improperly sentenced defendant for conspiracy to distribute meth based on a finding that the conspiracy involved 737 grams of "ice" meth. The state only tested a small amount of the drug for purity, and cannot simply rely on co-conspirators' statements to calculate the total drug weight. Reversed.
Court: 7th Circuit, Judge: St. Eve, Filed On: April 11, 2024, Case #: 22-2994, Categories: Drug Offender, Sentencing
J. Du grants an insurer's motion to dismiss this breach of contract claim. The homeowners sued the insurer for refusing to pay for more than 12 months of loss of use coverage after a tree fell on their house. The loss of use provision in the policy has been replaced with a "special provisions—Nevada endorsement" that requires the insurer pay additional living expenses for 12 months from the date of loss. There is no allegation or dispute it did not do this.
Court: USDC Nevada, Judge: Du, Filed On: April 11, 2024, Case #: 3:24cv60, NOS: Insurance - Contract, Categories: Insurance, Contract
J. Johnson finds the trial court properly dismissed the ex-husband's petition for annulment of the marriage. After the ex-wife filed for divorce, the husband sought annulment on the grounds the wife had used fraud, duress or force to induce him to marry her. Though the couple had married in Texas, and moved between Texas and Montana during the marriage, the Montana court concluded “[t]he marriage is irretrievably broken," and ordered the dissolution, with the Montana Supreme Court affirming. The record shows that when the husband filed his Texas petition for annulment, the marriage had already been dissolved. He did not meet his burden to prove his marriage was never valid. Affirmed.
Court: Texas Courts of Appeals, Judge: Johnson , Filed On: April 11, 2024, Case #: 09-23-00285-CV, Categories: Evidence, Family Law, Fraud
J. Baker finds the trial court properly convicted defendant for murder. Defendant was taken into custody after having been identified as a suspect. She was found with the murder weapon, Mirandized and admitted she had been in an argument with the victim because he had allegedly struck her 14-year-old son. Sufficient evidence, including surveillance video and clothing worn by the assailant in the video found at defendant's home, support the conviction. Though it was later found a juror's sister worked for the defense attorney, no evidence shows the juror and attorney knew each other. Affirmed.
Court: Arkansas Supreme Court, Judge: Baker , Filed On: April 11, 2024, Case #: CR-23-602, Categories: Evidence, Jury, Murder
Per curiam, the circuit finds the district court improperly found for the Texas Department of Criminal Justice on a Muslim inmate's claims related to group showering and cell restrictions that prevent him from praying in peace. The inmate presented evidence Jewish- and Native-American-designated units allowed for 6 hours per week of religious programming, compared to 1 hour for Muslim inmates. He also proposed Muslim inmates could use recorded material, bypassing the need for a volunteer instructor. The matters require review. Though justice department policy states that services requiring inmates to take Christian classes “may be offered as electives but shall not be mandated,” the inmate says the policy was revised mid-litigation. The district court did not address these points. Reversed in part.
Court: 5th Circuit, Judge: Per curiam, Filed On: April 11, 2024, Case #: 22-40116, Categories: Constitution, Prisoners' Rights
J. Trotter finds that the lower court properly terminated the parental rights of the mother. Contrary to the mother's argument on appeal, the evidence sufficiently supports the best interest finding. The evidence shows that the mother failed to comply with her family service plan and also shows that the child expressed a desire to be adopted. Additionally, the child's behavior had "greatly improved" while living with a relative. The court further concludes that "this parent-child bond is fundamentally broken." Affirmed.
Court: Texas Courts of Appeals, Judge: Trotter, Filed On: April 11, 2024, Case #: 11-23-00258-CV, Categories: Evidence, Family Law
J. Orrick allows some negligence claims to survive against San Francisco from an engineer with the city's utilities commission who was attacked by a trio of knife-wielding men when he was within minutes of his job site. He returned to work after the incident, but while working on the job site, was still being subjected to racial slurs and threats from at least one of his attackers. The engineer says he filed complaints with the city and his bosses in an effort to increase security and make accommodations for him, but the city would go on to "medically separate" him. There is conflicting evidence on the record as to whether this was a factor for the engineer later not returning to work or if it was purely out of safety concerns, and the record needs to be expanded further to help resolve some of those questions.
Court: USDC Northern District of California, Judge: Orrick, Filed On: April 11, 2024, Case #: 3:22cv3174, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Employment
[Consolidated.] J. Wooton affirms in part, and reverses in part the lower court's orders granting the university's motion for summary judgment in the two former campus police officers' suits alleging retaliatory discharge when the university terminated their employment after they both complained of a special arrangement between it and a county magistrate to automatically dispose of criminal charges involving student athletes by sentencing them to community service, and one for filing a complaint with the West Virginia Ethics Commission against a fellow officer for his personal use of campus police vehicle. The judge erred in finding the former officers failed to establish a prima facie case of retaliation since their complaints of wrongdoing, while not in close proximity to the time of their termination, were done in "good faith" and to the "appropriate authority" and could weigh in favor to a jury that the university's stated reasons for their termination were pretextual.
Court: West Virginia Supreme Court Of Appeals, Judge: Wooton, Filed On: April 11, 2024, Case #: 22-609, Categories: Education, Employment, Whistleblowers
[Consolidated.] J. Mackey finds that the lower court properly convicted defendant of drug and weapon possession after handguns and drug paraphernalia were found in a red duffel bag and heroin envelopes were recovered from the scene. Defendant contends the state failed to establish constructive possession, but identifying information had been discovered in the bag, and an acquaintance directed police to heroin she hid in the building upon fleeing from defendant. Affirmed.
Court: New York Appellate Divisions, Judge: Mackey, Filed On: April 11, 2024, Case #: 112610, Categories: Drug Offender, Evidence, Weapons
J. Aarons finds that the lower court properly convicted defendant based on his guilty plea to attempted assault for striking a neighbor in the head with a hammer. While the time between the crime and indictment had been protracted, due process was not violated because the neighbor hesitated in pressing charges until he was interviewed in connection with the suspicious death of defendant's wife, with whom the neighbor had a brief extramarital affair. An enhanced sentence was properly imposed since defendant failed to adhere to conditions requiring honest answers to presentence report questions. Affirmed.
Court: New York Appellate Divisions, Judge: Aarons, Filed On: April 11, 2024, Case #: CR-22-2067, Categories: Sentencing, Assault, Due Process
J. Martinez denies summary judgment to the logistics company for an unjust enrichment claim in the sporting goods company's complaint alleging that the logistics company did not take reasonable precautions to protect the sporting goods company and other customers from a February 2022 cyberattack. The sporting goods company plausibly alleges that the logistics company benefited from charging the sporting goods company for its business when the logistics company shut down following the cyberattack.
Court: USDC Western District of Washington, Judge: Martinez, Filed On: April 11, 2024, Case #: 2:23cv1816, NOS: Other Contract - Contract, Categories: Contract
J. Chen allows several class negligence and privacy-related claims to proceed against Kaiser from users of their medical apps who say Kaiser has allowed third parties to collect and store private health information from the apps without permission. Kaiser moved to toss most of the claims on procedural and preemption grounds, and while that is true for some, to toss all claims on that basis would be putting "form over substance." Many of the claims survive as a result.
Court: USDC Northern District of California, Judge: Chen, Filed On: April 11, 2024, Case #: 3:23cv2865, NOS: Other Statutory Actions - Other Suits, Categories: Privacy, Class Action
J. Dorsey denies the Russian car dealer's motion for a preliminary injunction seeking to have his bank account unfrozen. The dealer's appearance at a dealer show was canceled, his cars were transferred to California and his bank account was frozen after the company stopped manufacturing cars when Russia invaded Ukraine. The dealer does not satisfy any standard for injunction. His motion just states the company president's reasons for freezing the account are false, says the account should not have been frozen, and states without evidence the president's actions have damaged the company.
Court: USDC Nevada, Judge: Dorsey , Filed On: April 11, 2024, Case #: 2:22cv1774, NOS: Other Fraud - Torts - Personal Property, Categories: Fraud, Jurisdiction, Contract
J. Cobbs finds that the lower court properly revoked defendant's pretrial release on misdemeanor charges of endangering the life of a child. Defendant got drunk while taking care of his child, allowing the child to get hold of a loaded gun and shoot himself in the foot. Then, while on pretrial release, he lied to officers about whether he had a gun when police responded to a domestic disturbance call. The court reasonably found that no condition of release such as electronic monitoring would prevent defendant from getting another gun. Affirmed.
Court: Illinois Appellate Court, Judge: Cobbs, Filed On: April 11, 2024, Case #: 240211, Categories: Firearms, Bail
J. Foschio rules in part for police and corrections officers in claims contending police falsely arrested a drug addict and failed to prevent him from committing suicide while detained, even though he had expressed suicidal ideation, as corrections officers failed to place the detainee in special medical housing under close monitoring. However, evidence did not indicate the decedent provided support or services to surviving family in order to justify pecuniary or compensatory damages, or that any officer intended to interfere with the decedent's familial relationships.
Court: USDC Western District of New York, Judge: Foschio , Filed On: April 11, 2024, Case #: 1:22cv766, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Negligence, Wrongful Death
J. Allen sets aside the Board of Veterans Appeals decision denying the service-voided veteran's request for benefits. The veteran's service was voided after his enlistment on grounds he lied about his criminal record. Though voided service is generally equivalent to a dishonorable discharge, the board potentially applied the incorrect legal framework with unclear analysis. The board must clarify whether regulation involving dishonorable discharge or voided service specifically applies.
Court: Court Of Appeals For Veterans Claims, Judge: Allen , Filed On: April 11, 2024, Case #: 21-6977, Categories: Fraud, Veterans, Military
J. Stearns partially denies a company and its CEO’s motion for summary judgment against their former national sales and business manager who is suing them for allegedly retaliating against her and violating the Massachusetts Wage Act. The manager engaged in protected conduct in Massachusetts and performed work she allegedly wasn’t paid for commissions earned in Massachusetts, so even though the company and its CEO are in Illinois and the manager is not a Massachusetts resident, she can bring a claim under the Massachusetts Wage Act.
Court: USDC Massachusetts, Judge: Stearns, Filed On: April 11, 2024, Case #: 1:22cv10750, NOS: Civil Rights - Habeas Corpus, Categories: Employment, Jurisdiction, Employment Retaliation