186 results for 'filedAt:"2024-02-22"'.
J. Garcia finds that the lower court properly granted the appellee homeowner's dismissal motion filed pursuant to the Texas Citizens Participation Act in this case alleging defamation, abuse of process and malicious prosecution. The claims related to the appellee's right of free speech, as her communications "were made in connection with a matter of public concern." Affirmed.
Court: Texas Courts of Appeals, Judge: Garcia, Filed On: February 22, 2024, Case #: 05-23-00343-CV, Categories: Anti-slapp, Civil Procedure, Defamation
J. Fischer upholds defendant's murder convictions for the shooting of two teenage girls and death sentences. The strained relationship between defendant and the victims, multiple threats made by defendant in the course of his relationship with his girlfriend - the victims' mother - and his decision to retrieve his gun from another room during their argument and fire 13 shots at the victims proved prior calculation and design and allowed the jury to convict him of aggravated murder. Meanwhile, the trial court properly admitted various autopsy and crime scene photos because they were used to illustrate various perspectives of the crime scene and injuries sustained by the victims. Although defendant was raised in a toxic, abusive environment and was diagnosed with some mental health issues, this mitigating evidence is far outweighed by the brutality of his crimes, which involved murdering two unarmed teenagers in front of their mother. Affirmed.
Court: Ohio Supreme Court, Judge: Fischer, Filed On: February 22, 2024, Case #: 2024-Ohio-604, Categories: Death Penalty, Evidence, Murder
J. Lagesen finds the post-conviction properly dismissed defendant's request for relief. “The court was not required to be persuaded by the results of petitioner’s year-late Domestic Violence Report assessment, especially given its timing and the fact that the methodology of that assessment was not disclosed.” Affirmed.
Court: Oregon Court of Appeals, Judge: Lagesen, Filed On: February 22, 2024, Case #: A177953, Categories: Sentencing, Domestic Violence
J. Lavin finds the trial court properly dismissed this Digital Infrastructure and Video Competition Act of 2006 claim in favor of Netflix and Hulu. The city’s interpretation of California state law was wrong because the Act does not allow local governments to request franchise fees from non-franchise video service providers. The commission is responsible for any enforcement of franchising authority. Affirmed.
Court: California Courts Of Appeal, Judge: Lavin, Filed On: February 22, 2024, Case #: B321481, Categories: Communications
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J. Kim finds that the trial court properly ordered a city to exempt, from coastal development permit requirements, the property owners’ proposal to build an accessory dwelling unit. The city was not entitled to deference in its interpretation of statute, which broadly exempts improvements that consist of new construction that is directly attached to an existing residence. The property owners argued they were entitled to a permit 60 days after completing the application. Affirmed.
Court: California Courts Of Appeal, Judge: Kim, Filed On: February 22, 2024, Case #: B323731, Categories: Civil Procedure, Government, Property
J. Hellman finds the post-conviction court properly denied defendant's claim that he was deprived of his right to a fair trial under the due process clause due to conflicting witness statements. “Any inconsistency is the result of [the witness’s] mistaken recollection of his trial testimony, not because [they] had new evidence to provide.” Affirmed.
Court: Oregon Court of Appeals, Judge: Hellman, Filed On: February 22, 2024, Case #: A179156, Categories: Evidence, Murder, Sentencing
J. Beeler grants the USDA's motion to dismiss claims from a group of nonprofits regarding rules to chicken-slaughter line speeds allowed at certain slaughterhouses. The nonprofits challenged new waiver rules laid out in 2018 that could allow for chickens to be slaughtered at 175 chickens per minute, but since then, the USDA has had a change of leadership and those waiver rules were set aside. Given the changed landscape and the fact the waivers are not in place anymore, the groups lack standing to continue their suit.
Court: USDC Northern District of California, Judge: Beeler, Filed On: February 22, 2024, Case #: 3:20cv1395, NOS: Administrative Procedure Act/Review or Appeal of Agency Decision - Other Suits, Categories: Administrative Law, Agency
J. Bahr finds that the district court properly entered criminal judgment after the district court revoked defendant's probation and resentenced her. A search of defendant's residence yielded evidence which led to five counts, including one count of unlawful possession of a controlled substance and one count of endangerment of a child or vulnerable adult. Affirmed.
Court: North Dakota Supreme Court, Judge: Bahr, Filed On: February 22, 2024, Case #: 2024ND33, Categories: Drug Offender, Probation, Sentencing
J. McEvers finds that the district court improperly dismissed a petition for nonparent visitation. The former stepfather established a prima facie
case for nonparent visitation and was entitled to an evidentiary hearing. Reversed.
Court: North Dakota Supreme Court, Judge: McEvers, Filed On: February 22, 2024, Case #: 2024ND30, Categories: Family Law
J. Nivison grants a pharmaceutical company’s motion for a letter request from the court that would require two New England companies to produce documents related to the pharma firm’s claims of misappropriating its confidential, proprietary information. While some aspects of the request need to be modified, overall it is focused and not overly vague.
Court: USDC Maine, Judge: Nivison, Filed On: February 22, 2024, Case #: 2:23cv237, NOS: Defend Trade Secrets Act of 2016 (DTSA) - Property Rights, Categories: Trade Secrets, Unfair Competition, Discovery
J. Hodges finds that the trial court properly dismissed the individual's injunctive relief action alleging that the county board of commissioners' failure to provide proper notice of intent to pass a 2018 salary ordinance increasing their pay violated the Open Meetings Act. Although the trial court incorrectly found that the individual lacked taxpayer standing to pursue his claim against the official, dismissal was still proper because the individual failed to state a proper claim for injunctive relief. The individual failed to make a declaratory judgment claim challenging the legality of the salary ordinance and therefore cannot pursue an injunctive relief claim seeking to stop the official from issuing payments under the ordinance. Affirmed in part.
Court: Georgia Court of Appeals, Judge: Hodges, Filed On: February 22, 2024, Case #: A22A0508, Categories: Injunction
J. Prata finds that the trial court properly denied plaintiff's adverse possession claims for lack of credible evidence of trespass or obstructions concerning the private road in question. Affirmed.
Court: Rhode Island Supreme Court, Judge: Prata, Filed On: February 22, 2024, Case #: 22-309, Categories: Property
J. Kamins finds the trial court properly declined to set aside judgment taking jurisdiction over a mother’s two children after she failed to appear for a hearing. “Mother presented no evidence that her lateness was due to public transportation or her economic status.” Affirmed.
Court: Oregon Court of Appeals, Judge: Kamins, Filed On: February 22, 2024, Case #: A182182, Categories: Family Law
J. Mathis finds defendant's sentence for methamphetamine possession must be vacated and the case remanded for resentencing. The trial court failed to adequately explain how it determined the base sentencing level, which was not supported by the physical evidence, including the amount of meth found in defendant's possession when he was arrested and charged. Meanwhile, even though the grenade found in defendant's truck was inert, the lower court properly applied a sentencing enhancement for possession of a dangerous weapon because defendant could have used the grenade to threaten violence and avoid arrest. Reversed in part.
Court: 6th Circuit, Judge: Mathis, Filed On: February 22, 2024, Case #: 22-2080, Categories: Drug Offender, Sentencing
J. Reiber finds the trial court properly imposed a condition of release to be supervised by a responsible adult for a man with curfew conditions on charges of reckless endangerment and simple assault. He failed to raise a constitutional argument during his hearings the trial court did not have a fair opportunity to rule on specificity and clarity. Affirmed.
Court: Vermont Supreme Court, Judge: Reiber, Filed On: February 22, 2024, Case #: 24-AP-050, Categories: Constitution, Sentencing, Assault
J. McFadden finds that the trial court properly ruled in favor of the nightclub's landlord and two property management companies in a negligence action brought by the customer arising from injuries he suffered when the nightclub's security guard threw him to the ground. The trial court correctly found that the landlord was an out-of-possession landlord that cannot be held liable under the statute. The nightclub was responsible for the premises under the terms of the lease and the property management companies had no legal duty to the customer. Affirmed.
Court: Georgia Court of Appeals, Judge: McFadden, Filed On: February 22, 2024, Case #: A23A1528, Categories: Negligence, Premises Liability
J. Egan finds the trial court erred in ruling that an insurance company is entitled to contribution from defense costs incurred in defending its insureds against claims arising in the context of the Portland Harbor Superfund Site cleanup. “Each of the Insureds’ contract claims against their various liability insurers was an ‘environmental claim,’ whether resolved without dispute, disputed but settled, or litigated to judgment.” Reversed.
Court: Oregon Court of Appeals, Judge: Egan, Filed On: February 22, 2024, Case #: A176763, Categories: Insurance
J. Joseph grants summary judgment to Treasury Secretary Janet Yellen and the U.S. Small Business Administration, finding the federal agency correctly determined an oil field service company was ineligible for a pandemic-program business loan it received in the amount of $2.5 million. The SBA correctly determined the business qualified for a maximum loan forgiveness amount of $687,000, and its decision was not arbitrary and capricious. The company’s interpretation of the law would require an erroneous finding the federal loan program would allow “double dipping,” or permitting small businesses and their contractors to count the same amounts twice to obtain multiple loans.
Court: USDC Western District of Louisiana , Judge: Joseph, Filed On: February 22, 2024, Case #: 6:22cv6229, NOS: Other Statutory Actions - Other Suits, Categories: Government, Business Expectancy, Covid-19
J. Schutz finds that while the prosecution was expected to have an estimate for restitution prior to defendant's sentencing on theft and property damage charges, its failure to do so did not prejudice defendant because its request was submitted prior to the expiration of the 90-day statutory deadline. Therefore, any error by the prosecution or the trial court for its failure to require an estimate prior to sentencing was harmless and the restitution order is upheld. Affirmed.
Court: Colorado Court Of Appeals, Judge: Schutz, Filed On: February 22, 2024, Case #: 2024COA19, Categories: Theft, Restitution
J. Carlyle finds that the lower court properly granted the appellee company's summary judgment motion and plea to the jurisdiction. The pro se appellant contends that the lower court violated due process "when it dismissed her claims despite lacking jurisdiction to reach the merits." But courts must dismiss the case when there is a lack of jurisdiction. Affirmed.
Court: Texas Courts of Appeals, Judge: Carlyle, Filed On: February 22, 2024, Case #: 05-22-01357-CV, Categories: Civil Procedure, Jurisdiction, Contract
J. DeGiusti partially grants the defendant company's motion for summary judgment in this lawsuit brought by a former employee under the Americans with Disabilities Act. Summary judgment is appropriate as to the employee's ADA retaliation and discrimination claims. The company provided a "legitimate, nondiscriminatory reason" for the employee's termination, and the employee, who was diagnosed with cancer, failed to show pretext. Summary judgement is not appropriate, however, as it relates to the employee's request for a recliner in her office "for times when she felt sick at work."
Court: USDC Western District of Oklahoma , Judge: DeGiusti, Filed On: February 22, 2024, Case #: 5:22cv514, NOS: Amer w/Disabilities-Employment - Civil Rights, Categories: Ada / Rehabilitation Act, Employment Discrimination, Employment Retaliation
J. McFadden finds that the trial court properly convicted defendant of interstate interference with an adoptive grandfather's lawful custody of his 16-year-old grandchild. Although the trial court wrongly found that the 26-month delay between defendant's arrest and trial due to the Covid-19 pandemic was not presumptively prejudicial, defendant failed to show that the denial of his motion for discharge and acquittal based on an alleged speedy trial violation was an abuse of discretion. The trial court correctly admitted evidence of defendant's sex acts with the grandchild. However, the trial court incorrectly ordered defendant to register as a sex offender as a condition of his sentence. Although the grandchild was under the age of 18, the victim of defendant's interference offense was the grandfather. Affirmed in part.
Court: Georgia Court of Appeals, Judge: McFadden, Filed On: February 22, 2024, Case #: A23A1319, Categories: Sentencing, Speedy Trial
J. Egan finds the trial court properly denied the former committee administrator for the Oregon Senate’s Business Housing and Finance Committee's motion to set aside a judgment and reinstate his defamation claims, which he brought against various oil companies and voluntarily dismissed in 1988. The trial court did not err when it denied the former committee administrator's motion to vacate and set aside the 1988 judgment. Affirmed.
Court: Oregon Court of Appeals, Judge: Egan, Filed On: February 22, 2024, Case #: A178691, Categories: Civil Procedure, Defamation