219 results for 'filedAt:"2024-02-28"'.
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Per curiam, the Minnesota Supreme Court disbars attorney Fong Lee for misappropriating client funds. Absent any mitigating factors and with several aggravating factors, disbarment is the appropriate discipline for an attorney who misappropriated funds from three clients.
Court: Minnesota Supreme Court, Judge: Per curiam, Filed On: February 28, 2024, Case #: A23-0008, Categories: Attorney Discipline
J. Tunheim denies both the university and the cell phone companies' motions to exclude expert testimony in the university's suit alleging infringement on its patents for cellular data transmission technology. The companies' damages expert's report is not so speculative as to warrant exclusion, and her purported use of a report with undisclosed methodology as a single data point for her own evaluation is a factual dispute better suited as a subject for trial testimony. The university's damages expert's report, similarly, is not excludable because of his use of the companies' entire LTE and 5G wireless subscriber base to calculate a reasonable royalty, although the expert's failure to properly apportion the royalty base is "highly concerning." Questions about whether the expert should have accounted for the age of the patents in suit should be decided by the jury, and his choice of one of 200 licensing agreements as a comparison in his negotiation analysis, while also concerning, is adequately explained to avoid exclusion.
Court: USDC Minnesota, Judge: Tunheim, Filed On: February 28, 2024, Case #: 0:14cv4672, NOS: Patent - Property Rights, Categories: Patent, Experts
J. Newsom finds that the lower court improperly ruled in favor of defendant police officers on wrongful death claims brought by a woman whose son died following an interaction with police. The evidence indicates that reasonable individuals could determine that the officers' tases and kicks caused the son's death.
Court: 11th Circuit, Judge: Newsom, Filed On: February 28, 2024, Case #: 22-11675, Categories: Wrongful Death
J. Gremillion finds that the trial court improperly granted summary judgment as to design defect and other claims in a customer's suit over injuries suffered at an amusement park that occurred when he landed head-first while exiting a slide. There are genuine issues of fact as to whether a deviation from the slide template caused the customer's injuries. Reversed in part.
Court: Louisiana Court Of Appeal, Judge: Gremillion, Filed On: February 28, 2024, Case #: CA-23-446, Categories: Evidence, Negligence, Product Liability
J. Gladwin finds the county court properly denied the eldercare facility's motion to compel arbitration on an estate's claims the mother sustained injuries, infections and an untimely death. The daughter controlling the mother's financial matter's acceptance of the care is not sufficient to constitute implied ratification considering her sister's improper execution of the agreement under the assumption of authority pursuant to her appointment as an alternate agent for power of attorney. There was no valid arbitration agreement. Affirmed.
Court: Arkansas Court Of Appeals, Judge: Gladwin , Filed On: February 28, 2024, Case #: CV-22-400, Categories: Arbitration, Health Care, Contract
J. Thyer finds the county court properly entered a protection order against the ex-husband. Text messages show he began harassing his ex-wife, saying she was undermining his relationship with their children and that she owed him for certain property. Calls and texts resulted in the ex-wife's asking police to perform a welfare check on the potentially suicidal ex-husband, following which he sent her texts about guns and threatened her. Affirmed.
Court: Arkansas Court Of Appeals, Judge: Thyer , Filed On: February 28, 2024, Case #: CV-23-91, Categories: Evidence, Due Process, Restraining Order
J. King dismisses the homeowners' complaint alleging that the bank is not allowed to sell their home because the homeowners never signed the loan securing note and thus the later foreclosure sale on their property was “bogus.” The homeowners already raised this claim in prior litigation, which was rejected, and they claim that their debt was forgiven in 2006 despite there being no evidence of that.
Court: USDC Western District of Washington, Judge: King, Filed On: February 28, 2024, Case #: 2:23cv1801, NOS: All Other Real Property - Real Property, Categories: Property, Banking / Lending, Foreclosure
J. Triana finds that the trial court properly ruled to terminate a mother's parental rights to her child. The mother's court-appointed counsel has submitted a brief stating that the appeal is without merit. Upon review of the case, it can be concluded that nothing in the record contradicts the court's ruling. Affirmed.
Court: Texas Courts of Appeals, Judge: Triana, Filed On: February 28, 2024, Case #: 03-23-00805-CV, Categories: Family Law
J. Thompson finds that the trial court properly denied defendant's motion to suppress drug evidence found during a search of his residence by a parole officer while he was living with a parolee. In this case, the parole officer had the authority to conduct a visit with her parolee and observed the marijuana candy when she entered the home. However, the officer did not have the authority to search the entire home without a warrant, including defendant's bedroom and other areas, and the officer did not testify to having observed the firearms in plain view. Therefore, defendant's motion to suppress gun evidence should have been granted. Affirmed in part.
Court: Louisiana Court Of Appeal, Judge: Thompson, Filed On: February 28, 2024, Case #: 55,427-KW, Categories: Drug Offender, Firearms, Search
[Consolidated.] J. Thompson finds that defendant was properly convicted of armed robbery for robbing a delivery truck driver. The evidence shows that defendant pointed a gun at the driver and gave commands while his accomplice removed liquor from the back of the truck. Further, defendant's 45-year sentence was proper based on his extensive criminal history. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Thompson, Filed On: February 28, 2024, Case #: 55,477-KA, Categories: Robbery, Sentencing
J. Thompson finds that the trial court properly granted joint custody of the parties' child with the mother the designated domiciliary parent. In this case, the parties were living in Miami when the father took the child to Louisiana without telling the mother, who is from Venezuela, and started divorce proceedings. Further, the child is in a bilingual school in Miami, and the maternal grandmother has moved in with the mother to help care for the child while the mother is at work. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Thompson, Filed On: February 28, 2024, Case #: 55,654-CA, Categories: Evidence, Family Law
[Consolidated.] J. Hunter vacates defendant's conviction for being a principal to second degree murder because it was rendered by a non-unanimous jury. However, defendant's conviction for conspiracy to commit second degree murder was proper because a witness testified that defendant was present when the murder took place, that defendant shook hands with the person who shot the victim, and that defendant led the police to the victim's body. Vacated in part.
Court: Louisiana Court Of Appeal, Judge: Hunter, Filed On: February 28, 2024, Case #: 55,497-KA, Categories: Evidence, Jury, Murder
J. Marcotte finds that defendant was properly convicted of attempted possession of a firearm by a convicted felon. In this case, a gun was found during a traffic stop with defendant as the only occupant in the car, and the gun was under the driver's seat and easily accessible. Further, the traffic stop for a broken taillight was valid, and defendant admitted to the officer that there was a gun in the car. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Marcotte, Filed On: February 28, 2024, Case #: 55,442-KA, Categories: Evidence, Firearms, Search
J. Marcotte vacates the adjudication of defendant as a second-felony offender because the record shows that he has two predicate felonies,
convictions for simple burglary and possession of cocaine, and should be sentenced as a third-felony offender for his 1999 conviction for vehicular homicide. However, defendant should be sentenced as a third-felony offender under the 2001 amended statute. Vacated in part.
Court: Louisiana Court Of Appeal, Judge: Marcotte, Filed On: February 28, 2024, Case #: 55,559-KA, Categories: Sentencing, Vehicular Homicide