144 results for 'filedAt:"2024-04-26"'.
J. Liman denies former President Trump's motion for a new trial on author Jean Carroll's claim that he defamed her in two statements issued from the White House in 2019. The jury was entitled to conclude that Mr. Trump derailed Ms. Carroll's career, and exposed her to public threats due to his malicious attacks on her character. The compensatory damages award of $18.3 million is far from an anomaly in high-profile defamation cases, and the jury was entitled to find that Mr. Trump's continued attacks on Ms. Carroll, even during the course of trial, warranted a finding he would not stop making such remarks without a significant deterrent, supporting the $65 million punitive damages award.
Court: USDC Southern District of New York, Judge: Liman, Filed On: April 26, 2024, Case #: 1:20cv7311, NOS: Other Personal Injury - Torts - Personal Injury, Categories: Damages, Defamation
J. Waples finds that the trial court improperly granted the state’s motion to modify a condition of probation when imposing that the defendant must complete the Cognitive Self Change (CSC) program. The defendant argues that after his sentencing they changed the CSC program and his probation officer moved to modify the condition for the Risk Reduction Program, but he did not agree to the modification. The plain language of the condition was misinterpreted by the Department of Corrections to require the defendant to participate in CSC or an equivalent program. Therefore, the defendant could move to strike or modify the condition himself before it goes in effect. Reversed.
Court: Vermont Supreme Court, Judge: Waples, Filed On: April 26, 2024, Case #: 23-AP-140, Categories: Criminal Procedure, Murder, Probation
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J. Smith finds the district court improperly found the insurer owed the racing event organizer a duty to defend. The organizer sought legal defense when injured parties and estates of deceased sued after a vehicle careened into the crowd of spectators. A motor vehicle exclusion unambiguously excludes coverage for the damages at issue. The policy is not "illusory," as claimed by the organizer, as it does cover spectator slip and falls. Reversed.
Court: 5th Circuit, Judge: Smith , Filed On: April 26, 2024, Case #: 23-50336, Categories: Insurance, Damages, Wrongful Death
Per curiam, the circuit finds the district court properly dismissed civil rights claims filed by the individual against whom criminal trespass warnings were issued. He asserts more than 100 civil claims seeking millions of dollars in damages. Qualified immunity shields officials performing discretionary functions from civil liability. Affirmed.
Court: 5th Circuit, Judge: Per curiam, Filed On: April 26, 2024, Case #: 23-11190, Categories: Civil Rights, Government, Damages
J. Hess finds defendant's erratic and "moody" behavior during the traffic stop and field sobriety tests conducted by the arresting officer, along with his admissions he smoked marijuana and drank alcohol earlier in the day, was sufficient for a reasonable jury to find him guilty of DUI, especially considering he drove across the center line immediately before the stop. Affirmed.
Court: Ohio Court Of Appeals, Judge: Hess, Filed On: April 26, 2024, Case #: 2024-Ohio-1642, Categories: Evidence, Dui
J. Doughty grants a request by the former wife of a businessman whose two brothers and a national baby products manufacturer sued his former spouse for breach of contract and unjust enrichment related to the couple's alleged failure to reimburse to the Louisiana-based company a total of $1.7 million for unauthorized personal expenses on company credit cards. The two brothers and the baby products-maker have not made a clear showing of minimum contacts to the state sufficient to hale their brother's ex-wife into a Louisiana court. The former spouse says she is domiciled in Florida and she was never party to a contract in Louisiana.
Court: USDC Western District of Louisiana , Judge: Doughty, Filed On: April 26, 2024, Case #: 3:23cv452, NOS: Other Contract - Contract, Categories: Jurisdiction, Contract
J. Frimpong grants the Nevada corporations a default judgment of $1.3 million in damages for their complaint that the construction company's subcontractors did not complete the unfinished work left by non-party Icon Identity Solutions. The construction company's lack of participation in this litigation would prejudice the Nevada corporations without default judgment. Also, the Nevada corporations successfully plead that the subcontractors did not uphold their end of the parties' deal.
Court: USDC Central District of California, Judge: Frimpong, Filed On: April 26, 2024, Case #: 8:22cv30, NOS: Other Contract - Contract, Categories: Damages, Contract
J. Nelson finds that the district court properly declined to preliminarily enjoin a California Public Utilities Commission rule changing the mechanism for charging telecommunications providers to fund California’s universal service program. The district court properly denied preliminary injunctive relief because the carriers were unlikely to succeed on the merits of their express preemption claims. Affirmed.
Court: 9th Circuit, Judge: Nelson, Filed On: April 26, 2024, Case #: 23-15490, Categories: Communications
J. Henderson finds the superior court properly ruled that the Copper River Native Association’s (CRNA) member tribes have not waived CRNA’s arm-of-the-tribe immunity. “CRNA’s member tribes use it to deliver tribal healthcare services, a core tribal governmental function necessarily connected to tribal self-governance and autonomy.” Affirmed.
Court: Alaska Supreme Court, Judge: Henderson, Filed On: April 26, 2024, Case #: S-17965, Categories: Native Americans
J. Merchant grants a motion in limine and excludes a tenured law professor from St. John’s University School of Law as an expert witness in a trademark lawsuit concerning a dispute over the MED-AIRE brand of medical mattresses. The court finds a report he authored for the case relates to straightforward matters regarding trademark law that a jury can understand without the assistance of an expert.
Court: USDC Eastern District of New York, Judge: Merchant, Filed On: April 26, 2024, Case #: 2:22cv1272, NOS: Trademark - Property Rights, Categories: Trademark, Experts
J. McDermott finds that an organization was improperly denied an open records request seeking emails sent between the state auditor’s office and two investigative reporters in regard to state Covid-19 policy because the auditor did not produce the emails for 216 days, which constituted an unreasonable delay. Reversed in part.
Court: Iowa Supreme Court, Judge: McDermott, Filed On: April 26, 2024, Case #: 23-0201, Categories: Civil Procedure, Public Record, Covid-19
J. Fitzwater finds that an insurance company’s claim that it is entitled to recission of a policy because the policy holder misrepresented circumstances related to a building damaged by a tornado cannot be decided at summary judgment. Whether or not the policy holder misrepresented the circumstances of the damage must be determined at trial. The insurance company’s motion for summary judgment is denied.
Court: USDC Northern District of Texas , Judge: Fitzwater, Filed On: April 26, 2024, Case #: 3:20cv3718, NOS: Insurance - Contract, Categories: Civil Procedure, Insurance
J. Bennett finds the lower court properly found in favor of a store in this matter of alleged premises liability, tort and workers' compensation. A sales representative was injured when a barn door track fell out of a display and struck him on the head. He filed for and received workers’ compensation from his employer, but seeks relief from the store on grounds that it was negligent in maintaining the display and created the hazardous condition that caused his injury. The lower court found the store to be a principal contractor and immune from tort liability, it also found it to be a statutory employer. As a statutory employer, it is responsible for workers’ compensation only if the primary employer cannot. Because the primary employer provided workers’ compensation to the sales representative, the store is not responsible. The lower court also found and the sales representative’s negligence claim lacked merit. The instant court finds no issue with the lower court’s findings. Affirmed.
Court: Tennessee Court of Appeals, Judge: Bennett, Filed On: April 26, 2024, Case #: M2023-00249-COA-R3-CV, Categories: Tort, Premises Liability, Workers' Compensation
J. Horan finds that a company that repeatedly attempted to deliver a summons regarding an arbitration claim has not met requirements for a substituted service by email. The company attempted to serve the documents at several prior addresses but failed to identify a current address for the intended recipient. The motion to serve by email is denied at this time, but the company’s service deadline is extended.
Court: USDC Northern District of Texas , Judge: Horan, Filed On: April 26, 2024, Case #: 3:23cv2642, NOS: Arbitration - Other Suits, Categories: Arbitration, Civil Procedure
J. Swiney finds the lower court properly dismissed defendant’s petition for writ of mandamus on grounds that it lacked subject matter jurisdiction. Defendant was convicted of first degree murder and attempted first degree murder, and sentenced to life imprisonment. He filed his petition with a chancery court, asking for the judgment to be expunged, as it was not properly endorsed with the date received. Though defendant argues he filed the petition for the court to compel the clerk of the criminal court to expunge what he claims is an illegal sentence, the lower court found that he was effectively challenging the legality of his sentence, which is outside the authority of the trial court; the instant court agrees. Affirmed.
Court: Tennessee Court of Appeals, Judge: Swiney, Filed On: April 26, 2024, Case #: M2023-01016-COA-R3-CV, Categories: Murder, Sentencing, Jurisdiction
J. Lake finds that class action claims by a dental office customer, who received text messages and calls from the dental office even though he requested to be added to the “do not call list,” cannot proceed because the claims fall under an arbitration agreement. The customer of the dental office signed an arbitration agreement when he first engaged the dental office for services. The dental office’s motion to strike the class allegations and its motion to compel arbitration are granted.
Court: USDC Southern District of Texas, Judge: Lake, Filed On: April 26, 2024, Case #: 4:23cv3460, NOS: Telephone Consumer Protection Act (TCPA) - Other Suits, Categories: Arbitration, Communications, Consumer Law
J. Walker finds that the lower court improperly denied the foster parents' motion to stay the change of placement of two child in their care. The foster parents were not given a chance to address the court at a second hearing on the children's placement before the court ordered the children removed from the foster home where they had lived for the last five years. Reversed.
Court: Illinois Appellate Court, Judge: Walker, Filed On: April 26, 2024, Case #: 231670, Categories: Family Law
J. Greene finds that the lower court improperly sustained exceptions of no cause of action, nonjoinder of parties and vagueness and ambiguity of a petition for accounting brought by a son who is the administrator of his mother’s estate. The son alleged there was money missing from his mom’s estate, that he believes she had dementia and that he believed one of his siblings either possessed or could help locate the missing funds. Reversed.
Court: Louisiana Court Of Appeal, Judge: Greene, Filed On: April 26, 2024, Case #: 2023 CA 0873, Categories: Wills / Probate
[Consolidated.] J. Crain finds that the trial court should not have denied incorporation of the proposed City of St. George after voters approved the incorporation. The record supports the "reasonableness" of the incorporation as it relates to Baton Rouge because St. George is an identifiable area with a thriving business community, its own fire department, and the desire for its own school district. Further, the economic and population growth is unique to St. George and not dependent on Baton Rouge. Also, Baton Rouge can be positively affected by St. George’s growing population since money will stay in the parish, and the record shows that St. George can provide public services within a reasonable period of time. Reversed.
Court: Louisiana Supreme Court, Judge: Crain, Filed On: April 26, 2024, Case #: 2023-C-01108, Categories: Government, Contract
J. Nathan finds that the district court improperly granted injunctive relief to internet providers opposed to a new law that requires reduced broadband costs for qualifying New York households. The companies' federal preemption defenses cited the 1996 telecommunications act and a 2018 regulatory order classifying broadband as an information service, but neither of which were meant to exclude states from rate regulation. Reversed.
Court: 2nd Circuit, Judge: Nathan, Filed On: April 26, 2024, Case #: 21-1975-cv, Categories: Preemption, Consumer Law
J. Garcia finds that the lower court improperly granted declaratory relief to the appellee in this breach of contract lawsuit arising from a supplier subcontractor agreement. The evidence shows that a certain email termination was effective "under the substantial-compliance doctrine." The appellant does not establish, however, that the termination defeated the appellee's contract claims. Reversed in part.
Court: Texas Courts of Appeals, Judge: Garcia, Filed On: April 26, 2024, Case #: 05-22-00752-CV, Categories: Evidence, Contract
J. Gaziano affirms in part the granting of summary judgment mandating disclosure of documents requested by a man whose brother was fatally shot by police after he violently resisted arrest. The privacy exemption does not apply to documents related to police misconduct investigations, and whether or not documents count as being related to a police misconduct investigation is not limited to cases where officers are found guilty of misconduct. Affirmed.
Court: Massachusetts Supreme Court, Judge: Gaziano, Filed On: April 26, 2024, Case #: SJC-13468, Categories: Discovery, Police Misconduct