196 results for 'filedAt:"2023-11-08"'.
J. Armstead found that the lower court properly denied a motion to alter judgment. An electrical worker was injured on the job when he attempted to get around communication lines by wrapping them in shrink-wrap and was electrocuted and seriously injured. He brought a negligence action against the owners of the electrical and communication lines, but summary judgment was granted in favor of the owners. The court finds that the denial to alter judgment was correct because the worker’s actions were the sole cause of the incident and that they constitute an intervening cause. Affirmed.
Court: West Virginia Supreme Court Of Appeals, Judge: Armstead, Filed On: November 8, 2023, Case #: 22-292, Categories: Employment, Negligence, Workers' Compensation
J. Stephens finds that defendant was properly convicted of two counts of attempted second degree murder. Defendant, who refused the assistance of counsel, has not supported any of his claims of forged transcripts and changed witness testimony with any evidence. Further, although the state improperly asked a victim whether he was aware of defendant's conviction for domestic abuse battery, defendant did not contemporaneously move for a mistrial. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Stephens, Filed On: November 8, 2023, Case #: 54,510-KA, Categories: Evidence, Murder
J. Schumacher finds that defendant was properly convicted of attempted murder and other charges based on video from a neighbor's porch camera and a firearm matching ballistics evidence that had been found in defendant's waistband. Affirmed.
Court: Iowa Court Of Appeals, Judge: Schumacher, Filed On: November 8, 2023, Case #: 22-0158, Categories: Evidence, Murder
J. Flanagan partially grants an insurance firm’s motion for a judgment on the pleadings in this complicated fraud and deceptive trade practices case. The owner of a commercial building filed a claim in 2016 after Hurricane Matthew damaged the property. The firm awarded the owner only part of the cost it claimed, then the building was further damaged during Hurricane Florence two years later. A dispute over the cost of damages followed, and although the firm did send another partial payment, following discovery, it is clear the firm had no intention of appraising the property after the owner requested it to do so. Therefore, the fraud and deceptive trade claims regarding Hurricane Florence may proceed. However, the bad faith and deceptive trade practices claims around Hurricane Matthew are time-barred.
Court: USDC Eastern District of North Carolina, Judge: Flanagan, Filed On: November 8, 2023, Case #: 5:19cv529, NOS: Insurance - Contract, Categories: Fraud, Insurance, Trade
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J. Whitehead grants the insurance company partial summary judgment against the real estate investors' lawsuit alleging that the insurance company wrongfully denied their claims for damaged stormwater drainage systems. The 2010 and 2011 notices and the 2001 and 2004 covenants are excluded from coverage under the policy, because the real estate investors knew that the property experienced significant storm drain issues but they continued with the purchase, thus agreeing to the risk of loss, costs and expenses from the property's drainage system.
Court: USDC Western District of Washington, Judge: Whitehead, Filed On: November 8, 2023, Case #: 2:23cv584, NOS: Insurance - Contract, Categories: Insurance, Property, Contract
Per curiam, the Supreme Court of Ohio finds the lower court properly dismissed the inmate's petition for a writ of habeas corpus. Even if his claims regarding the jurisdiction of the trial court in his 2009 case had merit, the prison sentence from his 2007 case would remain in effect and he would not be entitled to immediate release. Affirmed.
Court: Ohio Supreme Court, Judge: Per curiam, Filed On: November 8, 2023, Case #: 2023-Ohio-4018, Categories: Habeas, Sentencing, Jurisdiction
J. Schumacher finds that defendant was properly convicted of assault causing bodily injury after attacking his supervisor at work because he failed to preserve error on his claim that evidence did not support the conviction. Affirmed.
Court: Iowa Court Of Appeals, Judge: Schumacher, Filed On: November 8, 2023, Case #: 22-0373, Categories: Evidence, Assault
J. Johnson finds that the trial court properly determined that a police officer was 100 percent at fault for a rear-end automobile accident. In this case, there is dash camera footage showing the injured driver flashing his brake light three times before stopping for a passing ambulance. Further, there was officer testimony that the police officer driver was "inattentive" and following too closely. Also, the police officer driver testified that he could not recall where he was looking immediately prior to the accident, and he had no recollection of the collision. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Johnson, Filed On: November 8, 2023, Case #: 23-CA-67, Categories: Evidence, Negligence
J. Dishman denies the refrigerator owners' motion to compel certain discovery in this product liability lawsuit involving a fire that was allegedly caused by the refrigerator installed on their recreational vehicle. The owners seek certain testing materials, which were produced by an outside consultant for the refrigerator manufacturer. However, it is not clear how the material is relevant to the claims at issue here, as the testing was done on other models of refrigerators.
Court: USDC Western District of Oklahoma , Judge: Dishman, Filed On: November 8, 2023, Case #: 5:20cv272, NOS: Property Damage Product Liability - Torts - Personal Property, Categories: Product Liability, Discovery
J. Johnson finds that the trial court should not have found for a clothing store on a patron's trip and fall claim. In this case, the patron testified that the rack she tripped over was not open and obvious because it was across the aisle and covered by clothing. Further, store protocol required that an employee remain within 15 feet of the rack on the sales floor. Therefore, there is a genuine issue of material fact as to whether the store breached a duty to keep the store in a safe condition. Reversed.
Court: Louisiana Court Of Appeal, Judge: Johnson, Filed On: November 8, 2023, Case #: 23-CA-53, Categories: Evidence, Negligence
J. Wood finds the circuit court properly distributed the decedent’s estate. The son, heir, and administrator of his father’s estate died 10 months after the father’s death and another son was appointed as administrator of the father’s estate. This son filed a petition for final distribution of the estate, claiming that the was the administrator of his brother’s estate as well. A sister was appointed administrator of the brother’s estate and filed a petition for amended distribution, saying that she was entitled to the deceased brother’s share of the father’s estate as the brother’s estate administrator, and accusing the other brother of fraud. The sister, who is the appointed administrator, is entitled to the deceased brother’s estate for the benefit of his heirs at law. This holds regardless of the wording of the father’s, will which expressly disinherits the brothers’ heirs. Affirmed.
Court: Arkansas Court Of Appeals, Judge: Wood, Filed On: November 8, 2023, Case #: CV-22-551, Categories: Fraud, Wills / Probate
J. Wood finds the trial court properly convicted defendant for domestic battering, terroristic threatening and aggravated assault on his wife. The wife testified that her husband accused her of cheating, then grabbed her by the hair, pushed her to the ground, hit her in the head, strangled her with a phone cable, threatened to kill her and plunged her face into the dog’s water and food bowls. She suffered long-term injuries, including permanent scarring, damage to a vocal cord and a brain injury. All evidence, including photos taken by police, supports the convictions, though the evidence does not support the conviction for first-degree battery. This conviction is changed to the lesser included offense of third-degree battery. Affirmed as modified.
Court: Arkansas Court Of Appeals, Judge: Wood, Filed On: November 8, 2023, Case #: CR-22-537, Categories: Assault, Battery, Terrorism
J. Hixson finds the trial court properly divided the divorced couple’s assets unequally in favor of the wife. The husband was awarded the home, but ordered to pay the wife the full amount of equity. The trial court fully considered the husband’s extensive assets to be retained after the divorce, including substantial real estate, investments and businesses, as well as his net worth of $32 million. The husband had commingled marital and nonmarital assets, leading the wife to believe she was a partner in his companies. There was evidence that she had been involved in the company’s daily operations and management as well. There is record evidence of the home equity debt reduction. Affirmed.
Court: Arkansas Court Of Appeals, Judge: Hixson, Filed On: November 8, 2023, Case #: CV-22-330, Categories: Family Law, Property, Contract
J. Abramson finds the circuit court properly terminated a mother’s parental rights to her two minor children. The department filed a petition for emergency custody and dependency-neglect based on its knowledge of ongoing abuse, which began with a report that a seven-year-old had gotten out of the home and traveled several miles on her own on several occasions. A protection plan prescribed no contact between the putative father and one of the children based on allegations of sexual abuse. The mother’s denial of a drug addiction despite positive drug tests, plus all other evidence supports the conclusion that her past behavior and relapse from unsupervised to supervised visitation demonstrated potential future harm to the children. Affirmed.
Court: Arkansas Court Of Appeals, Judge: Abramson, Filed On: November 8, 2023, Case #: CV-23-309, Categories: Evidence, Family Law, Guardianship
J. Kunselman finds that the lower court improperly sentenced defendant to one year of probation for destroying a line of property survey stakes separating her land from her neighbors’. There is no evidence that the stakes and flags she removed from a shared driveway met the statutory definition of “survey monuments or markers,” which are intended to be permanent, under Pennsylvania law; thus, defendant’s conviction for destruction of a survey monument may not stand. Vacated.
Court: Pennsylvania Superior Court, Judge: Kunselman, Filed On: November 8, 2023, Case #: J-A18041-23, Categories: Trespass, Property Crimes, Property
J. Pellegrini finds that the lower court properly entered judgment against Domino’s after a jury found it vicariously liable for the negligence of a pizza delivery driver for one of its franchises, who collided with a motorcyclist while completing deliveries. The franchise agreement did not give Domino’s day-to-day control over the franchisee, so it is not liable under vicarious liability. Reversed.
Court: Pennsylvania Superior Court, Judge: Pellegrini, Filed On: November 8, 2023, Case #: J-A26040-22, Categories: Tort, Premises Liability, Contract
J. Sammartino dismisses in part the consumer's complaint alleging that the food manufacturer falsely advertised that its product contains a natural form of malic acid even though the label lists a form of DL malic acid that is an ingredient derived from "petrochemicals." The consumer's claims for equitable relief are dismissed because he has not pleaded that he lacks an adequate remedy at law. However, it is plausible to infer based on the consumer's complaint that all flavors of the company's product contain artificial DL malic acid, so the claims will not be dismissed on these grounds.
Court: USDC Southern District of California, Judge: Sammartino, Filed On: November 8, 2023, Case #: 3:23cv220, NOS: Contract Product Liability - Contract, Categories: Product Liability, Class Action, False Advertising
Per curiam, the appellate division finds that the lower court properly denied the school's motion for summary judgment on claims that a high school student was sexually assaulted by another student. The school failed to conclusively show that it provided adequate supervision in the hallway where the assault occurred. Affirmed.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: November 8, 2023, Case #: 05583, Categories: Education, Tort
J. Lettow allows a company to continue claims brought after the U.S. denied indemnification concerning a naval shipyard property because the company sufficiently established it incurred costs in defending against the underlying litigation.
Court: Court of Federal Claims, Judge: Lettow, Filed On: November 8, 2023, Case #: 23-416, Categories: Indemnification
J. Ahlers finds that defendant was properly sentenced to prison after pleading guilty to possession of methamphetamine with intent to deliver and other charges because the lower court was not bound to follow the presentence report recommendation to impose suspended sentences. Affirmed.
Court: Iowa Court Of Appeals, Judge: Ahlers, Filed On: November 8, 2023, Case #: 22-2105, Categories: Drug Offender, Sentencing
Per curiam, the circuit finds that the district court improperly dismissed claims contending a female lacrosse player suffered retaliation for reporting abuse by a male player, including stalking and assault, because she plausibly alleged coaches made subtle threats about her future as a player in connection with her complaint. However, the court properly dismissed Title IX deliberate indifference and hostile environment claims brought against the school since the record showed immediate action had been taken on the complaint.
Court: 2nd Circuit, Judge: Per curiam, Filed On: November 8, 2023, Case #: 22-2674, Categories: Civil Rights, Education, Negligence
J. Hutchison affirms the lower court's order terminating the Hampshire County father's rights to his 16-month-old daughter. The judge did not abuse his discretion in finding the man to be a neglectful parent since paternity had not been established until an earlier petition was filed against the birth mother, and he was incarcerated at the time of the proceeding serving a sentence on two counts of possession with intent to deliver a controlled substance with a maximum term of 15 years. Affirmed.
Court: West Virginia Supreme Court Of Appeals, Judge: Hutchison, Filed On: November 8, 2023, Case #: 22-698, Categories: Family Law, Government