153 results for 'filedAt:"2024-02-20"'.
J. Piersol denies an employer's motion to dismiss an employee's allegations that she suffered sexual harassment in the workplace while she was employed at a casino. The employee's intentional infliction of emotion distress claim was sufficiently pleaded to withstand a motion to dismiss.
Court: USDC South Dakota, Judge: Piersol, Filed On: February 20, 2024, Case #: 4:23cv4052, NOS: Employment - Civil Rights, Categories: Employment
J. Hood finds the appeals court erroneously determined Colorado law requires a police officer to activate their lights and sirens for the entirety of a high-speed chase to be entitled to immunity for any personal injuries. The language of the statute includes no such language and allows for the application of immunity during any time period when an officer uses lights and sirens. Therefore, the officer who caused a fatal collision during a high-speed chase is entitled to immunity on wrongful death claims because he activated his lights well before he reached the intersection at which the collision occurred. Reversed.
Court: Colorado Supreme Court, Judge: Hood, Filed On: February 20, 2024, Case #: 2024CO9, Categories: Immunity, Wrongful Death
J. Markle finds that the trial court properly ruled in favor of the attorney in a legal malpractice and breach of contract action brought by the trustee after her fraud lawsuit against an insurance company was dismissed in federal court. The trustee did not have an individual attorney-client relationship with the attorney because the attorney represented the trust. The trial court correctly found that the attorney was entitled to judgmental immunity for his decisions in the underlying action to proceed under Georgia rather than New York law and to seek reformation of the insurance contract instead of rescission. Affirmed.
Court: Georgia Court of Appeals, Judge: Markle, Filed On: February 20, 2024, Case #: A23A1733, Categories: Legal Malpractice
J. Barbier denies summary judgment to the New Orleans Police Department on its argument a negligent hiring claim by the mother of a 14-year old girl should be dismissed because nothing in a 53-year-old police officer’s background check made it plainly obvious he would sexually assault a child. The victim has identified facts in the record that could allow a reasonable jury to find the decision to hire the now-imprisoned ex-officer reflects the department’s deliberate indifference to the particular risk that would follow from his hiring. When he applied for a police job, NOPD was aware he had five arrests on his criminal record, which qualifies him as a habitual offender under the NOPD’s own rules.
Court: USDC Eastern District of Louisiana , Judge: Barbier, Filed On: February 20, 2024, Case #: 2:21cv407, NOS: Other Civil Rights - Civil Rights, Categories: Employment, Evidence, Police Misconduct
J. Warren finds that the trial court properly convicted defendant of murder and possession of a firearm during the commission of a felony. Sufficient evidence was presented to support defendant's convictions and to allow the jury to reject defendant's claims that she acted in self-defense and that the shooting was an accident. Defendant failed to show that her trial counsel performed deficiently. Affirmed.
Court: Georgia Supreme Court, Judge: Warren, Filed On: February 20, 2024, Case #: S23A1165, Categories: Ineffective Assistance, Murder
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J. Kafker finds discretion was not abused in the denial of Massachusetts’s motion to admit its expert testimony on frequent location history data. “The purpose of rule 15 is to provide an avenue for interlocutory review of rulings that would otherwise terminate a criminal proceeding,” so expansions of this rule are only allowed where they support this purpose. Affirmed.
Court: Massachusetts Supreme Court, Judge: Kafker, Filed On: February 20, 2024, Case #: SJC-13499, Categories: Evidence, Murder, Experts
J. Cannataro finds that defendant was properly convicted of aggravated vehicular homicide and manslaughter for causing a three-car accident that killed one person and seriously injured four others. Defendant contends his trial rights were violated since he could not gauge prospective jurors due to Covid-19 protocols requiring that they wear face masks unless being questioned individually, but defendant did not have a specific right to an unobstructed view of every potential juror's face during the selection process. Affirm.
Court: New York Court Of Appeals, Judge: Cannataro, Filed On: February 20, 2024, Case #: 13, Categories: Constitution, Jury, Vehicular Homicide
J. Pitman grants a law firm’s motion for leave to intervene in a civil rights lawsuit brought by relatives of a two people who were killed or injured in a police shooting. That law firm, which was previously retained by the relatives, has a legal right to intervene because it is seeking to recover funds allegedly promised in a prior contingency fee agreement with the relatives.
Court: USDC Western District of Texas , Judge: Pitman, Filed On: February 20, 2024, Case #: 1:22cv655, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Attorney Fees, Police Misconduct
J. Sullivan finds the lower court properly convicted defendant of six counts of retail theft for allegedly stealing housewares and other items from a Macy’s store on several occasions, and was sentenced to three to 14 years imprisonment. The lower court also ordered defendant to pay restitution in the amount of $4,568, but did not specify the method in which it was to be repaid. Because of the lack of specificity regarding the restitution, it is vacated and remanded to the lower court for reimposition and clarification. Affirmed in part.
Court: Pennsylvania Superior Court, Judge: Sullivan, Filed On: February 20, 2024, Case #: J-S27043-22 , Categories: Sentencing, Theft, Restitution
J. Singas finds that defendant was properly convicted of murder, attempted murder, and assault stemming from an altercation outside a bar that resulted in a stabbing death and serious injury from a neck slashing. The jury was instructed on justification in light of the self-defense claims, but the court did not abuse its discretion by failing to revisit that information when deliberating jurors asked to be recharged on the elements of the alleged crimes. Affirmed.
Court: New York Court Of Appeals, Judge: Singas, Filed On: February 20, 2024, Case #: 03, Categories: Self Defense, Jury Instructions
J. Molberg finds that the lower court improperly granted the appellees' rule 91a dismissal motion in this declaratory judgment action concerning a conservation easement assessment agreement. The appellant argued that it was not obligated to pay a certain private transfer fee, and the court agrees that the action has "a basis in law and fact." Accordingly, the matter is remanded for further proceedings. Reversed.
Court: Texas Courts of Appeals, Judge: Molberg, Filed On: February 20, 2024, Case #: 05-22-00842-CV, Categories: Civil Procedure, Real Estate
Per curiam, the Fourth Circuit finds the lower court properly denied the defendant's motion to vacate his sentence. The defendant argued that violent crimes in aid of racketeering conviction for assault with a dangerous weapon is not a crime of violence. The predicate VICAR assault offense qualified as a crime of violence because that offense had as an element the use, attempted use, or threatened use of physical force against the person or property of another. Affirmed.
Court: 4th Circuit, Judge: Per curiam, Filed On: February 20, 2024, Case #: 22-6285, Categories: Assault, Racketeering
J. Land finds that the trial court properly convicted defendant of criminal attempt to commit child molestation. The trial court correctly denied defendant's motion to suppress statements made to a detective while she was in custody. Defendant made her statement voluntarily and without any hope of benefit. A detective's statement that the FBI was interested in defendant was not improper. The trial court also correctly denied defendant's general demurrer to the indictment because defendant was sufficiently informed of the charges against her. Affirmed.
Court: Georgia Court of Appeals, Judge: Land, Filed On: February 20, 2024, Case #: A23A1320, Categories: Miranda, Sex Offender
J. Troutman answers a reformulated certified question by finding that Venezuelan law governs the validity of notes offered for swap by a state-owned oil company to avoid default. While documents outlining the exchange of older, unsecured notes for newer, secured ones contained a choice-of-law provision, New York's uniform commercial code specifies that the laws of the issuer's jurisdiction apply, and the swap was not authorized as required by the Venezuelan National Assembly. New York law, however, will determine all other aspects of the transaction under the uniform commercial code, including any consequences of a defect in a security's validity.
Court: New York Court Of Appeals, Judge: Troutman, Filed On: February 20, 2024, Case #: 06, Categories: Securities, Choice Of Law, Contract
Per curiam, the Supreme Court of Colorado grants petitioners' request to permanently enjoin the vexatious litigator from filing any lawsuits, appeals or motions with any court in the state, ruling her actions - both as a licensed attorney and a pro se litigant following disbarment - show a total lack of respect for the legal system and have accomplished nothing other than inundating the court system and frustrating her opposing parties with frivolous filings.
Court: Colorado Supreme Court, Judge: Per curiam, Filed On: February 20, 2024, Case #: 2024CO8, Categories: Civil Procedure, Sanctions, Injunction
J. Hendrix refuses to dismiss, in part, claims filed by a bank against former employees who allegedly schemed to sabotage the bank by providing a "Bank in a Box" to a competitor. The bank has sufficiently alleged claims for civil conspiracy, unfair competition, breach of fiduciary duties and tortious interference.
Court: USDC Northern District of Texas , Judge: Hendrix, Filed On: February 20, 2024, Case #: 5:23cv44, NOS: Defend Trade Secrets Act of 2016 (DTSA) - Property Rights, Categories: Unfair Competition, Fiduciary Duty, Banking / Lending
J. Edison finds for a lender on its counterclaims for breach of contract and foreclosure. The borrower is in default of her loan, as she has failed to make a payment in seven years, and the lender has provided the required notices of default.
Court: USDC Southern District of Texas, Judge: Edison , Filed On: February 20, 2024, Case #: 3:22cv172, NOS: Foreclosure - Real Property, Categories: Property, Banking / Lending, Contract
J. Marmolejo denies two deputies' motion to dismiss an individual's civil rights claims arising from his arrest. The deputies are not immune from the claims, and the individual sufficiently alleges his claims for false arrest, excessive force, unlawful property seizure and denial of medical care.
Court: USDC Southern District of Texas, Judge: Marmolejo, Filed On: February 20, 2024, Case #: 5:23cv48, NOS: Assault, Libel, & Slander - Torts - Personal Injury, Categories: Civil Rights, Immunity, Police Misconduct
J. Boggs finds that the trial court properly convicted defendant of murder and other offenses. Sufficient evidence was presented to support defendant's convictions. The trial court did not abuse its discretion in overruling defendant's objection to the introduction of jail phone call recordings in which defendant tried to influence witnesses and the introduction of a GBI agent's expert testimony on gang terminology in the recordings. However, the trial court incorrectly failed to merge defendant's burglary and home invasion convictions. Defendant's armed robbery and theft by taking convictions also should have merged. Affirmed.
Court: Georgia Supreme Court, Judge: Boggs, Filed On: February 20, 2024, Case #: S23A1096, Categories: Murder, Sentencing
J. Dysart vacates the trial court's judgment determining that defense counsel rendered ineffective assistance of counsel to defendant. In this case, there is no testimony from the defense counsel as to why he did not file a motion to withdraw the plea. Without the testimony, this court cannot make a finding as to whether the decision to not file the motion was based on trial strategy or counsel deficiency. Vacated.
Court: Louisiana Court Of Appeal, Judge: Dysart, Filed On: February 20, 2024, Case #: 2024-K-0019, Categories: Evidence, Ineffective Assistance
J. Morris dismisses all class insurance and RICO claims against several medical service providers and medical lien companies from consumers who say the companies use practices that prevent them receiving notification of any medial liens against them. The complaint, which has already been tossed twice, fails to point to a single "legally cognizable injury" that was born from the companies breaking the law. With no standing or opportunities to amend left, the complaint is tossed in its entirety and the case is directed to be closed.
Court: USDC Montana, Judge: Morris, Filed On: February 20, 2024, Case #: 4:21cv92, NOS: Racketeer Influenced and Corrupt Organizations (RICO) - Other Suits, Categories: Insurance, Class Action, Racketeering
J. Delaney finds the trial court properly denied the construction company's motion for judgment notwithstanding the verdict after the jury ruled in favor of the salon owner on its counterclaim for civil theft. Evidence in the record clearly established the construction company forged a receipt for one of the payments made by the salon, while the damages for the theft claim were also separate from those made in the contract counterclaim, which allowed both to be submitted to the jury. Affirmed.
Court: Ohio Court Of Appeals, Judge: Delaney, Filed On: February 20, 2024, Case #: 2024-Ohio-634, Categories: Construction, Damages, Contract
J. Boulee overrules the parties' objections and adopts the special master's report and recommendation with respect to claim construction of certain patent terms. The report arises from a dispute over a patent for a catheter tray packaging system. It is not necessary at this point in the proceedings to add any clarifications to the special master's proposed construction of the term "catheter assembly." The special master's construction of other terms resolved the parties' dispute with respect to those terms. The action is referred to private mediation.
Court: USDC Northern District of Georgia, Judge: Boulee, Filed On: February 20, 2024, Case #: 1:20cv3981, NOS: Patent - Property Rights, Categories: Patent
J. Hurd enters default judgment against an electrical subcontractor, finding it liable for violations under New York Lien law in the amount of $920,000 stemming from its unfinished work on a solar electricity construction project. The litigant, a general contractor, alleged the subcontractor walked off the project prior to completing its work and then demanded an additional sum to resume. However, the court sets aside default judgment against the subcontractor’s owner, finding his absence was not willful, his defenses to the claims are meritorious and the order will not prejudice the litigant.c
Court: USDC Northern District of New York, Judge: Hurd, Filed On: February 20, 2024, Case #: 1:23cv771, NOS: Other Contract - Contract, Categories: Construction, Contract
J. Pinson finds that the trial court properly convicted defendant of murder and aggravated assault following his guilty plea. Defendant's plea was made voluntarily even though he was not informed of his right against self-incrimination. The Georgia Supreme Court switches course on its prior precedent with respect to overturning guilty pleas and rules that a guilty plea is valid so long as the record shows that it is voluntary and intelligent under the totality of the circumstances. A plea may be valid even if a defendant is not expressly advised on the record of his rights to a jury trial, to confront witnesses against him and his right against self-incrimination. Affirmed.
Court: Georgia Supreme Court, Judge: Pinson, Filed On: February 20, 2024, Case #: S23A0840, Categories: Murder, Plea
J. Rushing finds the lower court improperly found the internet service provider liable for vicarious infringement. Top music companies sued the provider for its lack of action to prevent its subscribers from using its service to download music illegally. The provider did not profit from its subscribers’ acts of infringement, a legal prerequisite for vicarious liability. Reversed.
Court: 4th Circuit, Judge: Rushing, Filed On: February 20, 2024, Case #: 21-1168, Categories: Communications, Copyright, Jury