159 results for 'filedAt:"2024-04-18"'.
J. Tenney finds that the trial court properly dismissed a negligent hiring complaint against a university that hired a nurse who had a sexual assault conviction and went on to abuse several patients. The patients failed to provide the university with the notice of claim as required for a waiver of statutory governmental immunity. Affirmed.
Court: Utah Supreme Court, Judge: Tenney, Filed On: April 18, 2024, Case #: 20230197-CA, Categories: Civil Procedure, Immunity, Negligence
J. Mortensen finds that the trial court properly tossed a claim that road conditions at a railroad grade crossing caused an injury accident when a Jeep full of teenagers tried to jump the tracks. The railroad did not have a duty to change the steepness of the road, the county is immune since improving the road would be discretionary, no evidence showed that potholes caused the accident, an attractive nuisance claim failed because the driver and injured passenger are held to an adult standard of care as licensed drivers, and the city had only recently annexed the land and had not been made aware that a utility pole might be too close to the road. Affirmed.
Court: Utah Court Of Appeals, Judge: Mortensen, Filed On: April 18, 2024, Case #: 20220139-CA, Categories: Immunity, Negligence
J. Harris finds that sufficient evidence supported defendant's possession conviction for methamphetamine found in the purse of the passenger in his car. His constructive possession was established by evidence he was driving her to score methamphetamine, he had used some of the methamphetamine, his suspended driver's license had been used to chop a chunk of methamphetamine, he drove evasively when he saw police, the methamphetamine was within his reach, and text messages showed he was going sell methamphetamine when they got home. Affirmed.
Court: Utah Court Of Appeals, Judge: Harris, Filed On: April 18, 2024, Case #: 20220390-CA, Categories: Drug Offender
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J. Gomez finds that if an attorney includes their email address in a court filing, opposing parties may use the address to serve the attorney in subsequent filings and, therefore, the cannabis company owners' motion to vacate an arbitration award was timely served. Meanwhile, the lower court erroneously granted the business partner's motion to vacate the arbitration award on the grounds of impartial bias because the arbitrator's conduct - including asking clarification questions to witnesses and interrupting to focus discussion and shorten several hearings - was within the scope of his authority and did not affect the ultimate ruling. Reversed in part.
Court: Colorado Court Of Appeals, Judge: Gomez, Filed On: April 18, 2024, Case #: 2024COA39, Categories: Arbitration, Civil Procedure
J. Fox finds the lower court erroneously granted the insurers' motions for summary judgment based on the policyholder's noncompliance with policy requirements. The insurers each failed to provide in writing the specific medical records needed to process his claim and also failed to give him the statutorily required 60 days to correct any defects in the records he did provide. Reversed.
Court: Colorado Court Of Appeals, Judge: Fox, Filed On: April 18, 2024, Case #: 2024COA40, Categories: Civil Procedure, Insurance, Contract
J. Baker finds the circuit court improperly dismissed the inmate's request for additional DNA testing following his conviction in the "Memphis 3" murder. The circuit court misinterpreted the plain language of the relevant statute, consistent with other law, that “any person...who has alleged actual innocence” is entitled to petition for a writ of habeas corpus. The court erroneously dismissed the petition on the grounds defendant was not in state custody at the time it was filed. Reversed.
Court: Arkansas Supreme Court, Judge: Baker , Filed On: April 18, 2024, Case #: CR-22-670, Categories: Dna, Habeas, Murder
J. Lewis finds the trial court properly convicted defendant for racketeering, conspiracy, assault and battery with a deadly weapon and related charges, sentencing him to 60 years in prison. The court correctly instructed the jury on the elements of racketeering and substantial evidence supports all convictions. Defendant shows no error in any of his 11 contentions, while all sentencing factors were properly considered. Affirmed.
Court: Oklahoma Courts Of Appeal, Judge: Lewis , Filed On: April 18, 2024, Case #: F-2021-485, Categories: Firearms, Conspiracy, Racketeering
Per curiam, the appellate division finds that attorney Zak Ahmad Aljaludi, who had been suspended for failing to meet registration requirements, should be disbarred in New York for misconduct committed in New Jersey, including misappropriation of client funds, which led to disbarment in that state. Aljaludi demonstrated a "lack of interest in his fate as an attorney" by failing to respond to the New Jersey charges, which also included misrepresentation, poor recordkeeping, and failing to cooperate with the misconduct investigation, and he similarly failed to respond to disciplinary charges brought in New York.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: April 18, 2024, Case #: PM-69-24, Categories: Attorney Discipline
J. Longoria finds that the lower court improperly denied the city's plea to the jurisdiction in this breach of contract lawsuit stemming from a concert held in the city. The city contends that the "evidence affirmatively negates jurisdiction," based on the verbal contracts alleged by the promoters. The court agrees that they do not establish a waiver of governmental immunity. Reversed.
Court: Texas Courts of Appeals, Judge: Longoria, Filed On: April 18, 2024, Case #: 13-23-00120-CV, Categories: Immunity, Jurisdiction, Contract
J. Perez-Montes grants a request by a former district attorney to stay discovery in the malicious prosecution and false imprisonment suit by a criminal defendant who spent 44 years in prison for two rapes committed in 1977. His conviction was overturned and the current prosecutor declined to re-try him. The former district attorney has shown good cause to stay discovery of the sole remaining charge against him – fabrication of evidence – pending other requests regarding immunity. The defendant-turned-litigant will not be disadvantaged by the stay of his suit.
Court: USDC Western District of Louisiana , Judge: Perez-Montes, Filed On: April 18, 2024, Case #: 1:22cv1971, NOS: Other Civil Rights - Civil Rights, Categories: Malicious Prosecution, Immunity, Discovery
J. Altice finds that the trial court properly ruled in civil rights claims because evidence indicates an inmate was provided regular access to medical care, and nothing indicates correctional officers acted indifferently toward him. Meanwhile, the inmate failed to establish he suffered injury absent a showing that he served time in jail based upon levied sanctions. Affirmed.
Court: Indiana Court Of Appeals, Judge: Altice, Filed On: April 18, 2024, Case #: 23A-CT-1564, Categories: Civil Rights, Negligence, Prisoners' Rights
J. Payne grants the game app developer's motion to compel mandatory alternative dispute resolution. The creators of the popular app Candy Crush launched the Candy Crush All Stars 2023 Tournament, which allowed Candy Crush players worldwide to compete for a chance to win $250,000 in prizes and an expense-paid trip to London. A participant accuses the creators of omitting or actively misrepresenting certain information to participants, which caused them to overestimate their chances of success and spend more than they otherwise would have on in-app purchases to boost their competitiveness. The participant agreed multiple times to the developer's terms and conditions, which contain a clause on settling matters out of court.
Court: USDC Eastern District of Virginia, Judge: Payne, Filed On: April 18, 2024, Case #: 3:23cv314, NOS: Other Fraud - Torts - Personal Property, Categories: Arbitration, Fraud, Consumer Law
Per curiam, the court of appeals finds that the appellate division properly enhanced defendant's sentence on grounds that he violated plea conditions prior to sentencing because sufficient inquiries had been made into misconduct he allegedly committed upon returning to jail, and defendant had a chance to dispute those findings. Affirmed.
Court: New York Court Of Appeals, Judge: Per curiam, Filed On: April 18, 2024, Case #: 40, Categories: Sentencing, Plea
J. Copenhaver denies the homeowner's motion to remand back to Kanawha County Circuit Court her suit seeking to halt the non-judicial foreclosure of her South Charleston home by the deed holder and the substitute trustee. The homeowner's attempt at remand by filing an amended complaint removing a claim under the Fair Debt Collection Practices Act is futile since the court's original jurisdiction was fixed once the deed holder filed its notice for removal, and judicial economy is best served by the court retaining supplemental jurisdiction on her state law claims.
Court: USDC Southern District of West Virginia, Judge: Copenhaver, Filed On: April 18, 2024, Case #: 2:24cv103, NOS: Consumer Credit - Other Suits, Categories: Consumer Law, Housing, Jurisdiction
J. Chesney dismisses wrongful death claims against Contra Costa County officials stemming from the death of a foster child who had been placed in the care of a foster parent chosen by the county. The complaint has already been tossed twice before, and the same issues persist on its third version. The county was not presented with a claim by the proper date, shielding officials from the claims.
Court: USDC Northern District of California, Judge: Chesney, Filed On: April 18, 2024, Case #: 3:19cv7152, NOS: Other Civil Rights - Civil Rights, Categories: Wrongful Death
Per curiam, the appellate division finds that the lower court improperly consolidated the creditor's 2016 breach of contract action against the borrower with its 2022 fraudulent conveyance action. It is inappropriate to consolidate a lawsuit sounding in contract with one sounding in tort, and the fraudulent conveyance claim will be moot if the creditor fails to win the breach of contract action. Reversed.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: April 18, 2024, Case #: 02086, Categories: Civil Procedure, Fraud, Contract
J. Massing reverses an order partially allowing the defendant’s motion to suppress geographic location data from two mobile phones and a cell phone. The search warrant applications established probable cause to believe that the defendant used the phones during the period of time he’s suspected of committing crimes. Reversed.
Court: Massachusetts Court Of Appeals, Judge: Massing, Filed On: April 18, 2024, Case #: 23-P-21, Categories: Criminal Procedure, Evidence, Search
J. Alley finds a lower court erred in granting a defendant’s motion to suppress his confession to sexually abusing his daughter. While defendant referenced that he would get a lawyer while being questioned by detectives, he continued to speak to them regardless, and as he “was not in custody and was free to terminate the interrogation,” his confession should not have been suppressed. Reversed.
Court: Texas Courts of Appeals, Judge: Alley, Filed On: April 18, 2024, Case #: 08-23-00077-CR, Categories: Evidence, Sex Offender, Child Victims
J. Smith grants a buyer leave to amend breach of contract claims concerning the sale of real property because the buyer sufficiently claimed that the original contract was breached when the U.S. changed the closing date.
Court: Court of Federal Claims, Judge: Smith, Filed On: April 18, 2024, Case #: 23-1182, Categories: Property, Contract
J. Smith finds for the U.S. in this pre-award protest concerning a contract to provide spiritual services for the life connections program facilitator at the federal correctional institution located in Milan, Michigan, because the U.S. adequately described its procedures for screening employees.
Court: Court of Federal Claims, Judge: Smith, Filed On: April 18, 2024, Case #: 23-322, Categories: Contract
J. Smith grants the solid waste director’s motion to dismiss this complaint brought by a citizen who claims he was deprived of procedural due process and his constitutional rights were violated. The citizen alleges he was served a summons for not paying the solid waste collection fee, even though he is allegedly exempt from participating. He was convicted and ordered to pay fines and restitution, but later that was dismissed and never validated. The court concluded he failed to state a claim, declares the collection fee is mandatory, and finds the statements made by the director did not constitute fabricated evidence.
Court: USDC Northern District of Alabama , Judge: Smith, Filed On: April 18, 2024, Case #: 5:24cv23, NOS: Other Civil Rights - Civil Rights, Categories: Constitution, Government, Due Process