155 results for 'filedAt:"2024-02-23"'.
J. Boyd grants the liability insurance agencies' petition for a writ of mandamus, ensuring that that they are not binded by a settlement agreement that was formed in prior litigation between an energy company and an investment fund group. The energy company was covered by the insurers, leading the investment group to sue them to recover damages. The agencies should be protected from being bound to the settlement agreement and the court of appeals improperly denied their petition.
Court: Texas Supreme Court, Judge: Boyd, Filed On: February 23, 2024, Case #: 22-0872, Categories: Insurance, Settlements, Indemnification
J. Welbaum finds the trial court properly denied defendant's motion to sever various criminal charges to allow for separate trials as to each of his victims. The evidence for each victim was simple and direct and would have been admissible as other acts evidence if separate trials had taken place. Meanwhile, the trial court properly denied defendant's motion to merge kidnapping for the purpose of sexual assault and rape convictions because his prolonged seizure of the victim was a separate and distinct animus from the rape of the victim, which allowed each conviction to carry its own sentence. Affirmed.
Court: Ohio Court Of Appeals, Judge: Welbaum, Filed On: February 23, 2024, Case #: 2024-Ohio-684, Categories: Sentencing, Sex Offender, Kidnapping
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Vice Chancellor Laster grants summary judgment to a shareholder in claims challenging a stockholder agreement provision that abdicates control of the corporate board to the founder. The provision violates the "Abercrombie v. Davis" test for governance restrictions because the board cannot freely exercise its powers without first obtaining approval from the founder.
Court: Delaware Chancery Court, Judge: Laster, Filed On: February 23, 2024, Case #: 2023-0309-JTL, Categories: Corporations, Fiduciary Duty
J. O’Leary finds trial court properly sentenced a man to 23 years in prison for trafficking a minor and other offenses. He argues that the court erred by not dismissing his elevated punishment under new laws. The attorney general responded that it only applied to enhancements of additional terms added to the base terms, but not to the penalty provisions. The man failed to provide any other basis on his argument about his elevated sentence. Affirmed.
Court: California Courts Of Appeal, Judge: O’Leary, Filed On: February 23, 2024, Case #: G062263, Categories: Due Process, Child Victims, Human Trafficking
J. Vaidik finds that the trial court improperly required defendant to register as a sex offender in Indiana because moving back to Indiana after moving to a state that requires registration for a sexual misconduct conviction did not require that he register as a sex offender in Indiana. Reversed.
Court: Indiana Court Of Appeals, Judge: Vaidik, Filed On: February 23, 2024, Case #: 23A-MI-2545, Categories: Sex Offender, Jurisdiction
J. Clay finds that the lower court properly declined to suppress evidence in defendant's trial on charges of being a felon in possession of a handgun and drug charges because defendant was legally pulled over for failing to signal, and a K-9 officer identified drugs in defendant's vehicle after the officer legitimately prolonged the stop due to defendant's activity in front of known drug house. Affirmed.
Court: Kentucky Court Of Appeals, Judge: Karem, Filed On: February 23, 2024, Case #: 2023-CA-0105-MR, Categories: Drug Offender, Search
J. Boyd finds that the court of appeals improperly ruled in favor of the heirs of a driver who was killed when he failed to yield to an oncoming Union Pacific train. A “prudent driver” would have followed posted traffic signs as well as yielded to an oncoming train. Reversed.
Court: Texas Supreme Court, Judge: Boyd, Filed On: February 23, 2024, Case #: 22-0431, Categories: Evidence, Tort, Premises Liability
J. Susswein finds that the trial court improperly suppressed evidence in defendants' trial on DUI charges brought after police discovered a half empty bottle of cognac on the passenger side floor and a loaded handgun in the vehicle. On-scene searches of vehicles destined for impoundment are not prohibited, and defendants do not dispute that the police had probable cause to search the vehicle. Reversed.
Court: New Jersey Appellate Division, Judge: Susswein , Filed On: February 23, 2024, Case #: A-3844-22, Categories: Search, Dui
J. Doyle finds that the trial court properly dismissed claims brought by the two groups and several individuals against the city attorney and the county commissioners seeking an order setting aside a decision to remove a Confederate monument from a city square. The groups and three individuals lack standing to bring the action. One group lacks direct or associational standing and community stakeholder status. Another group failed to allege any cognizable injury. However, the trial court incorrectly dismissed claims brought by two of the individuals. Those individuals have standing because they are county residents and community stakeholders. The case is remanded for the trial court to determine whether the two individuals' claims are barred by sovereign immunity. Affirmed in part.
Court: Georgia Court of Appeals, Judge: Doyle, Filed On: February 23, 2024, Case #: A22A0663, Categories: Civil Procedure
J. Waples finds the criminal division properly denied a man’s motion for judgment of acquittal, its charge to the jury and probation conditions regarding a domestic violence incident. He argues there is insufficient evidence, and the jury was not instructed properly about the deadly weapon aspect; he says he threw a knife at the wall, not at the victim. He also challenges the probation condition that prohibits him from drinking alcohol. He failed to preserve the jury challenge and did not point out a plain error in the court’s judgment. Affirmed.
Court: Vermont Supreme Court, Judge: Waples, Filed On: February 23, 2024, Case #: 22-AP-334, Categories: Probation, Sentencing, Domestic Violence
[Consolidated.] J. Bell grants the IRS’s motion to dismiss tort allegations brought by one of its employees and her husband, who claim another agent harassed the employee at work. The government correctly invokes sovereign immunity; further, the employee already filed a state case against the agent that was dismissed with prejudice, so this claim fails.
Court: USDC Western District of North Carolina, Judge: Bell, Filed On: February 23, 2024, Case #: 5:23cv149, NOS: Other Statutory Actions - Other Suits, Categories: Government, Tort, Immunity
J. Pate finds the superior court properly determined that a landlord failed to maintain the premises in a habitable condition and willfully diminished the tenant’s essential services. The landlord’s “willfulness is clear because he housed employees in his garage after being denied his request to have additional residential units there.” Affirmed.
Court: Alaska Supreme Court, Judge: Pate, Filed On: February 23, 2024, Case #: S-18262, Categories: Landlord Tenant
[Consolidated.] J. Edwards finds that the lower court properly entered a modification judgment reducing the former husband's monthly alimony obligation. On appeal, the former husband contends that the alimony should have been terminated. However, the ruling was sufficiently supported by the evidence, as the former wife's testimony indicated a continuing need for alimony. Additionally, the former husband's mandamus petition is denied. Affirmed.
Court: Alabama Court of Civil Appeals, Judge: Edwards, Filed On: February 23, 2024, Case #: CL-2023-0446, Categories: Civil Procedure, Family Law
J. Roumel finds the instant court lacks jurisdiction in this matter of alleged negligence and damages associated with a claim of enslavement of Moorish Americans. The action names the President and the estate of former President Lincoln as defendants, and the instant court may only consider claims against the United States, not government officials in their individual capacity. The action also relies on international declarations and resolutions as a foundation for allegations of human rights violations and other matters, and the instant court lacks jurisdiction in matters of international law. The court also lacks jurisdiction concerning all other claims brought forth by the claimant. Dismissed.
Court: Court of Federal Claims, Judge: Roumel, Filed On: February 23, 2024, Case #: 23cv1044, Categories: Damages, Negligence, Jurisdiction
J. Africk grants a request by a district attorney and his assistant state prosecutor to dismiss state law defamation claims by a litigant in connection with his arrest for taking pictures of a carnival amusement ride at a Catholic school fair. In an earlier federal suit related to that incident, a jury found a single sheriff’s deputy liable for excessive force violations, false arrest and imprisonment, and malicious prosecution. State prosecutors are protected by the doctrine of absolute immunity, while other claims are dismissed as time-barred.
Court: USDC Eastern District of Louisiana , Judge: Africk, Filed On: February 23, 2024, Case #: 2:23cv1247, NOS: Other Civil Rights - Civil Rights, Categories: Jury, Malicious Prosecution, Police Misconduct
J. Jolivette Brown grants a request by a Nevada resident for an order freezing $294,000 worth of his cryptocurrency assets traced to private accounts held by a purported investor he is suing for fraud. The litigant has shown that irreparable harm will ensue absent a restraining order, considering the speed with which cryptocurrency transactions are made, as well as the anonymous nature of those transactions. The potential recovery of assets will disappear if the accused is allowed to transfer the allegedly stolen assets into inaccessible digital wallets, which could occur at any moment.
Court: USDC Eastern District of Louisiana , Judge: Jolivette Brown, Filed On: February 23, 2024, Case #: 2:24cv393, NOS: Other Fraud - Torts - Personal Property, Categories: Evidence, Fraud, Conversion
J. Lanier finds that the trial court properly sustained the ex-husband's exception of improper venue in a child custody proceeding. The facts and circumstances of the case show that Vernon Parish was the appropriate venue, and the judgment is amended to order the case transferred to that venue. Affirmed as amended.
Court: Louisiana Court Of Appeal, Judge: Lanier, Filed On: February 23, 2024, Case #: 2023CA0572, Categories: Civil Procedure, Family Law, Venue
[Consolidated.] J. Theriot finds that the lower court properly granted partial summary judgment in favor of the boat seller in litigation brought on behalf of the decedent's surviving children stemming from his death on a vessel that capsized. Because the surviving children "judicially confessed" that the decedent was a seaman or longshoreman, their claims fall under federal maritime law. So the claims for wrongful death, survival damages and nonpecuniary damages were correctly dismissed. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Theriot, Filed On: February 23, 2024, Case #: 2023CA0839, Categories: Evidence, Maritime, Negligence
J. Rambin finds that the trial court properly entered a take-nothing judgment in a suit stemming from a collision between a disabled vehicle and wrecker along the shoulder of the interstate. Based on the conflicting evidence, it was reasonable for the jury to conclude that neither party's negligence caused the accident and that the crash could not have been avoided. Affirmed.
Court: Texas Courts of Appeals, Judge: Rambin, Filed On: February 23, 2024, Case #: 06-23-00062-CV, Categories: Civil Procedure, Evidence, Negligence
J. Kirsch finds that the lower court properly found for the mayor in an ADA discrimination suit filed by a fire chief who's contract required him to enroll in college courses. The chief's request to waive the education condition was not a request for a reasonable accommodation for his heart condition, and he has not shown that the mayor's reason for denying him a raise was pretextual. Affirmed.
Court: 7th Circuit, Judge: Kirsch, Filed On: February 23, 2024, Case #: 22-2945, Categories: Ada / Rehabilitation Act, Employment Retaliation
J. Furman denies the arms manufacturers' motion to dismiss the state's claims that they sell products used to make "ghost guns," including unfinished frames and receivers, designed to subvert state and federal laws by allowing people to build homemade guns that lack serial numbers. The state plausibly alleges the manufacturers' products are "firearms," and the Protection of Lawful Commerce in Arms Act does not preempt its claims.
Court: USDC Southern District of New York, Judge: Furman, Filed On: February 23, 2024, Case #: 1:22cv6124, NOS: Constitutionality of State Statutes - Other Suits, Categories: Commerce, Constitution, Firearms