103 results for 'filedAt:"2024-02-13"'.
J. Gwin finds the lower court properly denied the inmate's motion for postconviction relief related to the trial court's denial of his motion to change his plea. His claim of a mental breakdown is insufficient to prove his guilty plea was not made knowingly or voluntarily, especially considering there is no evidence of coercion, and he made both oral and written waivers of his various rights when he pleaded guilty. Affirmed.
Court: Ohio Court Of Appeals, Judge: Gwin, Filed On: February 13, 2024, Case #: 2024-Ohio-535, Categories: Sex Offender, Plea
J. Kelly finds that the lower court improperly in part ruled against a ranch after it sued a pipeline owner with claims that a pipeline leaked on its property, causing contamination. While the lower court correctly tossed a series of fraud and trespass-related claims due to a lack of evidence pointing to intent, the farm's primary tort claims have the right to proceed. Despite the pipeline owner claiming there was no leak, an expert's report says there have been traces of diesel fuel and gasoline at the property, a fact that even alone is enough to show evidence of damage to the property. Reversed in part.
Court: 10th Circuit, Judge: Kelly, Filed On: February 13, 2024, Case #: 23-7001, Categories: Property, Tort
J. Morris denies an environmental group's request for a preliminary injunction against the owners of a ski resort and golf course over claims that the owners discharge nitrogen pollution into the Gallatin River. The court has already ruled against the environmental group on the grounds that their claims are barred by a prior consent order, and their request for an injunction is equally barred. Any attempts to make future similar motions, without any new facts to support them, will be "construed unfavorably."
Court: USDC Montana, Judge: Morris, Filed On: February 13, 2024, Case #: 2:23cv28, NOS: Environmental Matters - Other Suits, Categories: Environment
J. Land finds that the trial court properly upheld the workers' compensation board's temporary total disability award to the employee. The employee's work as a handyman for his supplemental home renovation business was dissimilar from his job as a crane operator and engineer for the employer. Although the employee was not earning income from his handyman work in the months before his accident while working for the employer, he was concurrently self-employed with the renovation business and the employer and insurer are not entitled to any credit from his post-injury work with the renovation business. Affirmed.
Court: Georgia Court of Appeals, Judge: Land, Filed On: February 13, 2024, Case #: A23A1588, Categories: Workers' Compensation
J. Boyle grants two insurance companies’ joint motion for entry of a consent order, instructing each on how to proceed regarding evidence, confidentiality and discovery.
Court: USDC Eastern District of North Carolina, Judge: Boyle, Filed On: February 13, 2024, Case #: 4:22cv8, NOS: Insurance - Contract, Categories: Evidence, Insurance, Discovery
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J. Fujisaki upholds the dismissal of a bicyclist's claim that a city was liable for a crash while training on city roads for a fundraising ride. A release of liability he signed to participate in the fundraiser was valid and enforceable because it was a private agreement for a recreational sports activity that did not implicate a public interest. Also, there was no evidence of gross negligence that would overcome the release. Affirmed.
Court: California Courts Of Appeal, Judge: Fujisaki, Filed On: February 13, 2024, Case #: A164483, Categories: Negligence
J. Contreras dismisses two individuals' putative class claims against the Chair of the Equal Employment Opportunity Commission, in which they say the EEOC has failed to enforce judgments entered in their favor against the Air Force and National Guard Bureau. Contrary to their claims, the EEOC has no clear duty to act to enforce the orders, and also has no duty to refer their cases to either the attorney general or the Office of Special Counsel.
Court: USDC District of Columbia, Judge: Contreras, Filed On: February 13, 2024, Case #: 1:22cv3246, NOS: Other Statutory Actions - Other Suits, Categories: Administrative Law, Class Action, Labor
J. McFadden finds that the trial court properly convicted defendant of offenses including attempted murder, attempted feticide and kidnapping with bodily injury. Sufficient evidence was presented to support defendant's kidnapping conviction. The evidence showed that defendant pulled the victim into his apartment from outside and assaulted her for hours. Defendant cannot show that his trial counsel performed deficiently by failing to request a jury instruction on attempted voluntary manslaughter because the evidence did not support that instruction. Affirmed.
Court: Georgia Court of Appeals, Judge: McFadden, Filed On: February 13, 2024, Case #: A23A1768, Categories: Ineffective Assistance, Kidnapping
J. Helmick grants the employer's motion for summary judgment, ruling the Hispanic employee cannot establish a prima facie case for race discrimination. He cites only one allegedly racist comment from a coworker - a remark disputed by the coworker, made about wearing a sombrero - while the employer had several legitimate reasons to fire him, including repeatedly showing up late to work and threatening a coworker following a disciplinary meeting.
Court: USDC Northern District of Ohio, Judge: Helmick, Filed On: February 13, 2024, Case #: 3:21cv1551, NOS: Employment - Civil Rights, Categories: Evidence, Employment Discrimination, Employment Retaliation
J. Drozd denies, in part, Kaiser Permanente’s motion to dismiss an individual’s False Claims Act case. The individual has sufficiently alleged claims related to tampering with compliance software, and for retaliation.
Court: USDC Eastern District of California, Judge: Drozd, Filed On: February 13, 2024, Case #: 2:19cv559, NOS: False Claims Act - Torts - Personal Injury, Categories: False Claims, Employment Retaliation
J. Calabretta denies, in part, a company’s motion to dismiss an online consumer’s RICO and anti-phishing-related claims. She sufficiently pleads her unjust enrichment claim, and claims under Utah's Consumer Sales Practices Act and California's Anti-Phishing Act.
Court: USDC Eastern District of California, Judge: Calabretta, Filed On: February 13, 2024, Case #: 2:23cv1005, NOS: Racketeer Influenced and Corrupt Organizations (RICO) - Other Suits, Categories: Communications, Consumer Law, Racketeering
J. Bean finds a lower court properly dismissed a Disclosure and Barring Services' motion to place a former vulnerable adult social worker on a barred provider list. The barring service argued that the social worker stole funds from a client suffering from myotonic dystrophy. However, the social worker presented sufficient evidence in court that her vulnerable client used his funds to purchase large amounts of Disney dolls, Disney DVDs, and princess wigs. Affirmed.
Court: Her Majesty's Court of Appeal, Judge: Bean, Filed On: February 13, 2024, Case #: CA-2022-1651, Categories: Evidence, Health Care
J. Kauger grants the medical service district's application for a writ of prohibition. The worker who was injured when an ambulance collided with the tollbooth filed suit against the district after receiving worker's compensation benefits. The Governmental Tort Claims Act precludes liability because benefits have previously been awarded.
Court: Oklahoma Supreme Court, Judge: Kauger, Filed On: February 13, 2024, Case #: 121510, Categories: Tort, Immunity, Workers' Compensation
J. Bailey finds a lower court properly charged a motorhome driver for death of a moving violation after he crashed into the rear-end of another driver's vehicle. The driver argued that he is entitled to relief because he rear-ended the other vehicle before entering an intersection at a red light. However, the state sufficiently showed in court that the enhanced penalty statute does not require a crash to have occurred in the middle of an intersection. Reversed.
Court: Arizona Court Of Appeals Division One, Judge: Bailey, Filed On: February 13, 2024, Case #: 1 CA-SA 23-162, Categories: Negligence, Wrongful Death
Per curiam, the appellate division finds that the lower court properly denied the contractor's motion for summary judgment in a dispute over a $195 million contract to build a garage. The contractor cannot conclusively show the city was responsible for 2 years of delay on the project because the record indicates the delays occurred because of subcontractors and other third parties working on the project. Affirmed.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: February 13, 2024, Case #: 00736, Categories: Construction, Contract
Per curiam, the appellate division finds that the lower court improperly refused to dismiss claims against a developer stemming from a construction injury. The evidence shows the worker's injuries took place within the scope of his employment, as his supervisor instructed him to act as a signalman instead of a crane operator, and his employer was responsible for providing safety equipment for the job. Reversed in part.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: February 13, 2024, Case #: 00750, Categories: Construction, Tort
Per curiam, the appellate division finds that the lower court properly denied the restaurant's motion for summary judgment on claims that a diner developed an E.coli infection after eating there. The fact that no other diners or employees reported any illness is circumstantial evidence, but does not prove the diner contracted the bacteria elsewhere. Further, defendant's expert admitted that it was not impossible for the infection to cause symptoms as soon as four hours after ingestion. Affirmed.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: February 13, 2024, Case #: 00737, Categories: Tort, Experts
J. Bourliot finds that the trial court improperly denied Galveston County's plea to the jurisdiction in a case stemming from the firing of a sheriff's officer for his "off-duty, racially-motivated assault of another employee" after he consumed alcohol at a memorial event for the Santa Fe High School mass shooting. The officer did not timely file his administrative complaint within the 180-day limitations period. Reversed.
Court: Texas Courts of Appeals, Judge: Bourliot, Filed On: February 13, 2024, Case #: 14-23-00109-CV, Categories: Civil Procedure, Employment, Jurisdiction
J. Bishop finds the county court properly denied the property owner's complaint in a real estate dispute. The parties made an even, cashless trade of manufactured homes, one of which had an attached garage that was not part of the trade. The owner of the garage provided a purchase option, then, 9 months later, attempted to remove the garage after the other party, considering it abandoned, had begun using it. A text message shows the party in possession declined to purchase the garage, asking that it be removed. The owner did not reply to the message before eventually suing for the purchase price plus rent. Evidence of other property purchases indicated the owner had no intent to exercise rights of ownership. Affirmed.
Court: Nebraska Court Of Appeals, Judge: Bishop , Filed On: February 13, 2024, Case #: A-22-880, Categories: Evidence, Property, Contract
J. Riedmann finds the county court properly classified and distributed the marital estate. Certain retirement accounts, which one party of the same-sex marriage had established before the marriage, were properly awarded to that party. The other party properly received portions to which she contributed during the marriage. Though the home, owned by one party before the marriage, had increased in value, it was encumbered to its full value at the time of separation. Affirmed.
Court: Nebraska Court Of Appeals, Judge: Riedmann , Filed On: February 13, 2024, Case #: A-20-901, Categories: Family Law, Property, Contract
J. Pirtle finds the trial court properly convicted defendant for violating a protection order with a prior violation. After defendant was released from custody for a previous offense, he was again arrested for firearm possession by a prohibited person. During this period of incarceration, he used other inmate's accounts to contact the protected party, in violation of the order. The court clearly explained that defendant's prison sentence, to be run concurrently with that which he was already serving, was necessary. Evidence showed that he was likely to engage in additional criminal conduct if put on probation. Affirmed.
Court: Nebraska Court Of Appeals, Judge: Pirtle , Filed On: February 13, 2024, Case #: A-23-462, Categories: Evidence, Sentencing, Restraining Order
J. Cadish finds the trial court properly convicted defendant for murder. After the victim texted defendant regarding an impending drug deal, a distinctively identifiable BMW, later found to belong to defendant, arrived at the victim's location. The driver of the BMW shot into the victim's vehicle's window, and the victim was later found to be deceased. An associate of defendant's also identified him as the shooter. Evidence from another murder investigation involving defendant was relevant due to the similarity of the events. Affirmed.
Court: Nevada Supreme Court, Judge: Cadish , Filed On: February 13, 2024, Case #: 85784, Categories: Drug Offender, Evidence, Murder
J. Cadish finds the district court properly granted the plastic surgeon's motion for a preliminary injunction. The doctor sought the injunction to prevent a former employer from enforcing a noncompete clause and presented sufficient evidence to show entitlement to relief from enforcement of the overbroad clause. His previous employer's customers were primarily from a different city where the doctor intended to open his private practice. Affirmed.
Court: Nevada Supreme Court, Judge: Cadish , Filed On: February 13, 2024, Case #: 85288, Categories: Contract, Injunction
J. Glasgow finds that the lower court properly ruled in favor of King County in a dispute with a company that was fined $100 for improperly disposing of its waste at a non-designated facility. The company says the code is unlawful and restricts on its right to freely dispose of its property. The code, however, is a reasonable extension of the county's right to regulate its sanitation, a right granted to local governments in Washington by their state constitution. Affirmed.
Court: Washington Court Of Appeals, Judge: Glasgow, Filed On: February 13, 2024, Case #: 57452-7-II, Categories: Environment, Municipal Law
J. Coghlan finds that the lower court properly convicted defendant of unlawful use of a weapon for possessing a short-barreled shotgun. Unlike handguns, short-barreled shotguns are not considered a class of weapons used for self defense and they are regulated precisely because they are concealable and not typically possessed for lawful purposes. Therefore, his conviction does not violate the Second Amendment. Affirmed.
Court: Illinois Appellate Court, Judge: Coghlan, Filed On: February 13, 2024, Case #: 221455, Categories: Constitution, Firearms
[Consolidated.] J. Reidinger dismisses, with prejudice, a Walmart customer’s claims including assault, false arrest and defamation after a man associated with Walmart moved for a mistrial predicated upon the customer’s misconduct during a jury trial. As the customer was found to have disobeyed the court in front of the jury, he was charged with paying jury costs and all his claims were dismissed.
Court: USDC Western District of North Carolina, Judge: Reidinger, Filed On: February 13, 2024, Case #: 1:21cv318, NOS: Other Civil Rights - Civil Rights, Categories: Civil Procedure, Civil Rights, Jury