139 results for 'filedAt:"2024-01-25"'.
J. Dick grants summary judgment to a chemical plant and against a 5-year employee diagnosed with hypertension who was fired for excessive absenteeism. The worker who admits he did not take his blood pressure medication until five years after his diagnosis requested accommodations for his condition that were unreasonable. The Americans with Disabilities Act does not require an employer to allow an employee to miss work or come in late without prior notice or explanation, nor does it require a business to rewrite its attendance policy to accommodate an employee’s excessive absenteeism.
Court: USDC Middle District of Louisiana, Judge: Dick, Filed On: January 25, 2024, Case #: 3:21cv282, NOS: Amer w/Disabilities-Employment - Civil Rights, Categories: Evidence, Employment Discrimination
J. Tenney finds that the trial court properly granted summary judgment to a lender facing a borrower's attempt to have its loans declared null and void. Under the election of remedies doctrine, an underlying New York judgment barred the attempt since the borrower failed to raise its claim in the New York action that the loans were invalid. Affirmed.
Court: Utah Court Of Appeals, Judge: Tenney, Filed On: January 25, 2024, Case #: 20210448-CA, Categories: Civil Procedure, Banking / Lending
J. Guirola transfers an oil and gas company's breach of contract claims to the Southern District of Texas, Corpus Christi Division. The dispute involves property located in Texas, and the alleged breach of contract occurred there, not Mississippi.
Court: USDC Southern District of Mississippi , Judge: Guirola, Filed On: January 25, 2024, Case #: 1:22cv248, NOS: Other Contract - Contract, Categories: Venue, Business Practices, Contract
J. Garry finds that the lower court properly dismissed a telecommunications firm's challenge to the finding that its real property was taxable because state law allows localities to tax fiber-optic cables and conduits used for internet, telephone, and cable TV services as "public utility mass real property," unless the cable is primarily used for news and entertainment. Here, the firm failed to establish such. Affirmed.
Court: New York Appellate Divisions, Judge: Garry, Filed On: January 25, 2024, Case #: 535951, Categories: Property, Tax
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J. Tenney finds that defendant was properly convicted of two counts of sodomy on a child and one count of dealing material harmful to a child. Counsel was not deficient for deciding not to rely on a partial recantation by the victim, or for not challenging the admission of testimony by two other children who claimed he had abused them. The trial court's findings supported its decision to allow the victim to testify remotely, and technical problems with that testimony did not prejudice him. Affirmed.
Court: Utah Court Of Appeals, Judge: Tenney, Filed On: January 25, 2024, Case #: 20180319-CA, Categories: Ineffective Assistance, Sex Offender
J. Pena finds that the lower court properly entered judgment against the property owner in this case concerning whether his land qualified for "open-space appraisal" for a certain tax year. The lower court had jurisdiction over the relevant issues, and the owner's "proposed instructions were misstatements of the law." Affirmed.
Court: Texas Courts of Appeals, Judge: Pena, Filed On: January 25, 2024, Case #: 13-22-00031-CV, Categories: Real Estate, Tax
J. Dato finds that the trial court properly denied defendant's motion to suppress video recordings from a city's stationary streetlight cameras that were used to identify his vehicle in a murder trial. Police did not conduct a search when accessing the recordings since he did not have a privacy interest in footage of him on public streets. Affirmed.
Court: California Courts Of Appeal, Judge: Dato, Filed On: January 25, 2024, Case #: D080606, Categories: Murder, Search
J. Self denies the Secretary of the Air Force's motion to dismiss the employee's race and age discrimination action. The employee properly served the attorney general by putting copies of the summons and complaint in the mail four days before the deadline. The employee is therefore entitled to reasonable time to cure his failure to serve the local U.S. attorney. Although the employee mailed documents to the Secretary at an incorrect address, the error was not unreasonable and the employee mailed new copies to the Secretary's preferred address two weeks after being alerted of the mistake.
Court: USDC Middle District of Georgia, Judge: Self, Filed On: January 25, 2024, Case #: 5:23cv210, NOS: Employment - Civil Rights, Categories: Civil Procedure, Employment Discrimination
J. Garrett finds that a surrendered newborn child was properly placed with prospective adoptive parents because the mother gave the baby up at birth and the legally identified father could not provide care for the child. Affirmed.
Court: Michigan Court of Appeals, Judge: Garrett, Filed On: January 25, 2024, Case #: 366773, Categories: Family Law
[Modified.] [Consolidated.] J. Mesiwala changes two paragraphs and denies a rehearing with no change in judgment. The trial court properly upheld the approval of amendments that will extend long-term water contracts between the Department of Water Resources and local government contractors to 2085. The amendments do not violate the Environmental Quality Act, the Sacramento-San Joaquin Delta Reform Act or the public trust doctrine. Affirmed.
Court: California Courts Of Appeal, Judge: Mesiwala, Filed On: January 25, 2024, Case #: C096304, Categories: Environment, Water
J. Pritzker finds that the lower court properly convicted defendant of rape, unlawful imprisonment, and sexual abuse of a co-participant at a work event held at a resort in the Adirondacks based on DNA evidence from a tampon that became lodged inside the victim's body during forced sexual intercourse. Meanwhile, defendant was properly denied modification of the sentence in light of his lengthy criminal history and failure to accept responsibility. Affirmed.
Court: New York Appellate Divisions, Judge: Pritzker, Filed On: January 25, 2024, Case #: 112614, Categories: Evidence, Sentencing, Sex Offender
J. Womack finds the trial court properly convicted defendant for murder based on sufficient evidence, including eyewitness testimony. The prosecution's mentioning that defendant went to the victim's home to recover his car, which was sold while he was in jail, implied a conviction for that offense. The prosecution was duly warned after the defense objected, and the statement does not support a mistrial. Affirmed.
Court: Arkansas Supreme Court, Judge: Womack , Filed On: January 25, 2024, Case #: CR-23-1, Categories: Evidence, Murder, Due Process
[Consolidated] J. Lee finds the district court improperly found in favor of the water rights owners who claim the state engineer lacks authority to conjunctively manage waters to administer multiple basins forming the flow system at issue. The engineer did not exceed his statutory authority to combine multiple basins into one hydrographic "superbasin" based on a shared source. All respondents had adequate notice and opportunity to be heard. Affirmed in part.
Court: Nevada Supreme Court, Judge: Lee, Filed On: January 25, 2024, Case #: 84739, Categories: Administrative Law, Property, Water
J. Westbrook finds the district court properly denied defendant's petition for a writ of mandamus challenging her forgery and identity theft convictions due to an improper 76-day delay between her first appearance and preliminary hearing. Although the trial court improperly found good cause for the delay, defendant's request to dismiss due to unlawful detention should have been raised in a petition for a writ of habeas corpus. Affirmed.
Court: Nevada Court of Appeals, Judge: Westbrook , Filed On: January 25, 2024, Case #: 85383-COA, Categories: Habeas, Forgery, Identity Theft
J. Graves finds the district court improperly denied defendant's petition for a writ of habeas corpus. Defendant challenges his guilty plea conviction for conspiracy to possess stolen firearms, asserting ineffective assistance of counsel based on his trial attorney’s failure to consult with him about filing an appeal. Defendant has demonstrated that, but for the attorney's deficient conduct, he would have appealed. Reversed.
Court: 5th Circuit, Judge: Graves , Filed On: January 25, 2024, Case #: 22-50332, Categories: Firearms, Habeas, Ineffective Assistance
J. Williams finds a lower court improperly convicted a defendant for aggravated assault and negligent homicide. The government argued that the defendant fled the scene of a fatal car accident at a gas station where she ran over an unknown male who suddenly rushed toward her vehicle, which was stolen. However, the defendant presented sufficient evidence in court that she may have been justified for leaving the scene of an accident for self- defense purposes. Vacated in part.
Court: Arizona Court Of Appeals Division One, Judge: Williams, Filed On: January 25, 2024, Case #: 1 CA-CR 22-565, Categories: Evidence, Theft, Negligent Homicide
J. Godbey finds for an insurer on a couple's coverage dispute arising from storm damage to their home. They provided no experts to attest to the estimated value of repairs to support their contract claim, nor can they show bad faith, as they fail to show the insurer's estimates were unreasonable.
Court: USDC Northern District of Texas , Judge: Godbey, Filed On: January 25, 2024, Case #: 3:22cv1367, NOS: Insurance - Contract, Categories: Insurance, Property, Contract
Per curiam, the appellate division finds that attorney Urs Martin Lauchli may be reinstated following his May 2019 suspension for failing to meet registration requirements because Lauchli complied with the suspension and demonstrated the requisite character to practice law.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: January 25, 2024, Case #: PM-05-24, Categories: Attorney Discipline
J. Grove finds the marijuana business seller's appeal must be dismissed for lack of jurisdiction. The three issues presented, including judgment for the buyer, attorney fees and discovery sanctions, were decided months before the trial court entered the final judgment upon which the seller based its arguments and, therefore, the appeal is untimely.
Court: Colorado Court Of Appeals, Judge: Grove, Filed On: January 25, 2024, Case #: 2024COA10, Categories: Civil Procedure, Jurisdiction, Contract
[Consolidated.] J. Egan finds that the lower court properly convicted defendant of tampering with evidence, conspiracy, and attempted drug and weapon possession because telephone records and video footage captured defendants trying to remove guns and cocaine from the trunk of a car that police had secured in a hospital parking lot while sorting out its use in transporting a gunshot victim for emergency care. Meanwhile, defendant's request to vacate the conviction for actual innocence, since defendant had been in the wrong place at the wrong time, was "simply unbelievable" in light of the evidence. Affirmed.
Court: New York Appellate Divisions, Judge: Egan, Filed On: January 25, 2024, Case #: 112519, Categories: Evidence, Weapons, Conspiracy
J. Traynor grants a United States motion for summary judgment regarding an officer's use of taser in a civil rights and excessive force action. An individual was out turkey hunting when he discharged his shotgun in a gas station parking lot. He then left the scene and disposed of the shotgun by throwing it out of a vehicle into a ditch. While being confronted by police, the individual ignored repeated commands to keep his hands visible to officers and placed them in his hoodie pockets. After continued non-compliance, the officer discharged a taser. The officer reasonably believed that the individual was armed and could possibly be carrying a gun.
Court: USDC North Dakota , Judge: Traynor, Filed On: January 25, 2024, Case #: 1:19cv213, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights