142 results for 'filedAt:"2024-01-17"'.
J. Zilly stays a portion of the Korean restaurant's case accusing the city of not answering the restaurant's calls for help for the Capital Hill Occupying Protest's foreseeable issues involving property damage, loss of business revenue and violent crime. The restaurant's claims for substantive due process, taking and negligence are dismissed with prejudice. The remainder of the case is stayed pending a ruling by the Washington Supreme Court in "Campeau v. Yakima HMA LLC."
Court: USDC Western District of Washington, Judge: Zilly, Filed On: January 17, 2024, Case #: 2:23cv540, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Property, Due Process
J. Menetrez finds that the trial court properly refused to compel the arbitration of a minor's claims that the producer of the video game Apex Legends tricked players into buying cosmetic items, characters and other game-specific currency. The trial court had discretion to determine that the minor had disaffirmed the arbitration agreement along with all other contracts he signed when buying the game. Affirmed.
Court: California Courts Of Appeal, Judge: Menetrez, Filed On: January 17, 2024, Case #: E080414, Categories: Arbitration, Consumer Law, Juvenile Law
J. Williams grants, in part, Yale University's motion for summary judgment, ruling the former chief of cardiovascular medicine cannot make a plausible contract claim related to his removal from that position after sexual assault allegations. His employment agreement with the university guaranteed only his job as a professor. However, because the removal of several honorific titles and endowments after the allegations could be considered an adverse employment action under precedent from the Second Circuit Court of Appeals, the sex discrimination claim will proceed.
Court: USDC Connecticut, Judge: Williams, Filed On: January 17, 2024, Case #: 3:19cv1547, NOS: Employment - Civil Rights, Categories: Education, Employment Discrimination, Contract
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J. Cody finds that the trial court properly tossed a surfer's negligence claim against another surfer who dropped in on the wave he was riding and struck him. Surfing is inherently risky and the rules of etiquette are often ignored. Surfers routinely collide or lose control of their boards, ride longboards without a leash and drop in on waves, so the primary assumption of risk doctrine that applies to snow skiing also applies to bar negligence claims that lack evidence of recklessness. Affirmed.
Court: California Courts Of Appeal, Judge: Cody, Filed On: January 17, 2024, Case #: B324465, Categories: Negligence
J. Pinson finds that the trial court properly convicted defendant of murder and possession of a firearm by a convicted felon during a crime. Sufficient evidence was presented to support defendant's convictions and to allow the jury to reject defendant's claim that he was framed by a police officer. The trial court correctly admitted into evidence entries from the victim's journal, which was found in a closet at the crime scene. The victim, defendant's wife, wrote in the days before the crime about her volatile relationship with defendant and about her fear of what might happen between them. There was no evidence that the victim had a motive to fabricate her statements. Affirmed.
Court: Georgia Supreme Court, Judge: Pinson, Filed On: January 17, 2024, Case #: S23A1089, Categories: Evidence, Murder
[Consolidated.] J. LaGrua finds that the trial courts properly dismissed two declaratory and injunctive relief actions brought by individuals against Georgia Secretary of State Brad Raffensperger and two county election boards. The trial courts correctly found that the actions were barred by sovereign immunity because they were not brought exclusively against the state and in the name of the state of Georgia or exclusively against and in the name of the relevant local governments. Affirmed.
Court: Georgia Supreme Court, Judge: LaGrua, Filed On: January 17, 2024, Case #: S23A0887, Categories: Civil Procedure
[Consolidated.] J. Chen approves $3.16 million in attorney fees, plus $138,000 in costs, to counsel representing consumers in two putative class actions that alleged the maker of Cottonelle wipes falsely advertised the products as “flushable” The court previously approved a $20 million award to settle the two actions. The court further awards $10,000 and $5,000 to each class representative.
Court: USDC Eastern District of New York, Judge: Chen, Filed On: January 17, 2024, Case #: 1:14cv1142, NOS: Other Statutory Actions - Other Suits, Categories: Consumer Law, Attorney Fees, Class Action
J. Bethel finds that the trial court improperly granted defendant's motion to suppress evidence of his refusal to submit to a blood test after his DUI arrest. The trial court incorrectly failed to evaluate defendant's evidentiary argument that exclusion of the evidence was warranted under a statute before reaching his constitutional challenge to the admissibility of blood test refusal evidence. Vacated.
Court: Georgia Supreme Court, Judge: Bethel, Filed On: January 17, 2024, Case #: S23A1118, Categories: Evidence, Dui
J. Sabatino finds that the trial court properly heard claims contending a Utah company refused to refund a deposit to a pet product supplier after a trade show was postponed due to the Covid-19 pandemic because the Utah company repeatedly solicited business from pet companies in New Jersey, and the original pet company contacted the Utah company years before the transaction at issue.
Court: New Jersey Appellate Division, Judge: Sabatino , Filed On: January 17, 2024, Case #: A-0429-23, Categories: Jurisdiction, Contract
Per curiam, the Supreme Court of Ohio denies, in part, the petitioner's request for a writ of mandamus because the production of certain documents by the county prosecutor mooted a portion of the claim. However, because a portion of the documents required to be created under a local ordinance were not produced, he is entitled to a limited writ to compel the prosecutor to provide copies of the documents within 14 days.
Court: Ohio Supreme Court, Judge: Per curiam, Filed On: January 17, 2024, Case #: 2024-Ohio-104, Categories: Public Record
J. Hartz finds that the lower court improperly granted summary judgment to Love's, a gas station and travel stop company, in its contract dispute with a company that helps other businesses with economic development incentives. The dispute stems from a tax assessment on a diesel facility project Love's requested help with, an assessment which the other company claims entitles it to a fee under the parties' agreement. Love's disputes the fee and the lower court sided them with on their contract claim, but there remain questions on the record that preclude summary judgment. It is still unclear if the tax assessment for the project was the product of efforts from the other company or if the assessment was simply the result of an assessor's interpretation of local tax law. Reversed in part.
Court: 10th Circuit, Judge: Hartz, Filed On: January 17, 2024, Case #: 22-6170, Categories: Tax, Contract
J. Hodges finds that the trial court properly found in favor of the police officer in a civil rights and excessive force action brought by the individual arising from her arrest. The trial court correctly dismissed the purported renewal action. The individual's initial claims were dismissed without prejudice for failure to properly serve the officer, therefore the action was void and not subject to renewal. Affirmed.
Court: Georgia Court of Appeals, Judge: Hodges, Filed On: January 17, 2024, Case #: A23A1550, Categories: Civil Rights, Police Misconduct
J. Suddaby declines to hold New York’s corrections and community supervision department in contempt of the court’s prior preliminary injunction. The litigant in the case, a disabled persons advocacy group, argued the department violated the order when it's special investigations office provided records which had important information regarding two confidential witnesses redacted, including their names and department ID numbers. The court finds the language of the injunction was not sufficiently clear or unambiguous and that the department’s action were a good faith attempt to comply with the order.
Court: USDC Northern District of New York, Judge: Suddaby, Filed On: January 17, 2024, Case #: 1:21cv739, NOS: Other Civil Rights - Civil Rights, Categories: Contempt, Government, Public Record
Vice Chancellor Zurn denies the former officers' summary judgment motion seeking advancement of litigation fees and expenses in a federal action asserting fraud and contract claims. As a gating issue, an arbitration provision in the company's operating agreement is inapplicable, and because the operating agreement was amended and then supplanted by a new agreement, the former officers' advancement rights may have been repealed.
Court: Delaware Chancery Court, Judge: Zurn, Filed On: January 17, 2024, Case #: 2023-0813-MTZ, Categories: Fraud, Interference With Contract, Attorney Fees
J. Lee finds that a bankruptcy appellate panel properly rendered a decision affirming a bankruptcy court order denying a chapter 7 debtor a homestead exemption for a Palm Springs property where she formerly lived with her partner. Affirmed.
Court: 9th Circuit, Judge: Lee, Filed On: January 17, 2024, Case #: 22-60055, Categories: Bankruptcy
Per curiam, the circuit finds that the district court properly dismissed constitutional claims against police chiefs in three Connecticut cities for alleged delays in processing firearms permits. Regardless of whether the organization had associational standing to sue on behalf of its members, the matter became moot when the permits were granted. Furthermore, the police chiefs were due qualified immunity. Affirmed.
Court: 2nd Circuit, Judge: Per curiam, Filed On: January 17, 2024, Case #: 23-724-cv, Categories: Immunity, Jurisdiction, Firearms
Per curiam, the Georgia Supreme Court rejects the report from the review board saying that the special master's recommendation suspending attorney Christopher Ryan Breault for one month for his violations of the Georgia Rules of Professional Conduct be adopted. The attorney failed to timely withdraw from a personal injury matter after being fired by the client and disclosed confidential information in response to two motions to revoke his pro hac vice status. The special master failed to properly analyze the attorney's conduct under the American Bar Association's standards for imposing lawyer sanctions. The case is remanded back to the review board with instructions to remand to a special master.
Court: Georgia Supreme Court, Judge: Per curiam, Filed On: January 17, 2024, Case #: S23Y0807, Categories: Judiciary, Attorney Discipline
J. Brown finds that the trial court properly granted defendant's motion to suppress the statement he made to the police. In this case, defendant unambiguously expressed his desire to communicate with police through a lawyer, but the officer still took his statement without a lawyer present. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Brown, Filed On: January 17, 2024, Case #: 2023-K-0817, Categories: Evidence, Miranda
J. Harrison finds the trial court properly convicted defendant for the sexual assault of his minor daughter and her minor friend. All evidence and testimony involving defendant's ongoing "grooming" of the children support the conviction. Though trial counsel has filed a no-merit brief and requested to withdraw, his brief did not address the adverse ruling that, before sentencing but after the finding of guilt, defendant was not allowed to see his children. Rebriefing is ordered and counsel's motion to withdraw is denied.
Court: Arkansas Court Of Appeals, Judge: Harrison , Filed On: January 17, 2024, Case #: CR-23-119, Categories: Sex Offender, Due Process, Child Victims
J. Abramson finds the circuit court properly terminated the mother's parental rights to her minor child. The department of health and human services filed a petition for dependency-neglect and emergency custody after the child reported her parents were using drugs. Though the mother refused testing, the father and child tested positive for meth, and residue of the drug was found in the home. The mother, who was unemployed and did not maintain adequate housing, failed to complete drug-and-alcohol assessments, counseling or parenting classes. Furthermore, counsel has filed a no-merit brief and his request to withdraw is granted. Affirmed.
Court: Arkansas Court Of Appeals, Judge: Abramson , Filed On: January 17, 2024, Case #: CV-23-338, Categories: Evidence, Family Law, Guardianship