153 results for 'filedAt:"2024-03-01"'.
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J. Lambert finds the trial court partially erred in its final judgment dissolving the husband and wife's marriage. The portion of the trial court's judgment denying the wife exclusive use and possession of the couples' marital home until their minor son reached the age of majority and instead ordering the partition and sale of the home must be reversed, as no special circumstances require deviating from the established precedent that would have awarded the wife use of the home, especially given that the husband's monthly income is more than $22,000 and he has more than $230,000 in his checking and brokerage accounts. All other portions of the trial court's order are affirmed without discussion, and on remand it is ordered to amend the order as laid out in this decision. Affirmed in part.
Court: Florida Courts Of Appeal, Judge: Lambert, Filed On: March 1, 2024, Case #: 22-2707, Categories: Family Law
J. Gannam finds the trial court erred when it held the case was time-barred and granted summary judgment to the insurer for this underinsured motorist lawsuit. The driver argues that the case was not barred because she sued less than two years after the settlement was approved with the tortfeasor’s liability carrier. Therefore, this case is remanded as the suit was within the five-year statute of limitations. Reversed.
Court: Florida Courts Of Appeal, Judge: Gannam, Filed On: March 1, 2024, Case #: 6D23-399, Categories: Evidence, Insurance, Vehicle
J. Pallmeyer grants Cook County’s motion for summary judgment on claims that its statute barring assault weapon trade and ownership violate the Second Amendment. Two Cook County residents, backed by gun rights advocacy groups, challenged the county statute as unconstitutional in 2021. Given contrary determinations from the Seventh Circuit, which supported the county law, and nearly identical city-level assault weapon bans, the residents moved to have this case decided in the county’s favor so they could challenge factual underpinnings of the Seventh Circuit rulings on remand from an appeal. The county rejected that motion and instead committed to overcoming the legal challenge on its merits. Yet more support for assault weapon bans has emerged from the Seventh Circuit since 2021, and the court defers to the appellate judges’ determinations in granting the county summary judgment.
Court: USDC Northern District of Illinois, Judge: Pallmeyer, Filed On: March 1, 2024, Case #: 1:21cv4595, NOS: Constitutionality of State Statutes - Other Suits, Categories: Constitution, Firearms
J. Reiber finds the trial court properly dismissed this sanctions lawsuit for a lack of standing in favor of Newport, Vermont, and various community development agencies and associations. A retirement company alleges a city committee awarded a grant to a business from outside the city, and says there was a conflict of interest because one of the business’s members was an agent a development association and grant business. The senior housing and retirement company had no entitlement to due process or the grant funds since they failed to allege an injury in fact.
Court: Vermont Supreme Court, Judge: Reiber, Filed On: March 1, 2024, Case #: 23-AP-127, Categories: Government, Sanctions, Due Process
J. Long grants requests by two wholesale and retail car sales businesses to seal records because of unspecified information in a contract suit. The heavily redacted ruling indicates the widow of the founder of one business sued the other business on behalf of herself and their minor children for failure to pay $1.6 million required by an agreement. The resulting financial pressure allegedly caused the business founder to take his own life in 2022.
Court: USDC Eastern District of Louisiana , Judge: Long, Filed On: March 1, 2024, Case #: 2:23cv1885, NOS: Insurance - Contract, Categories: Jury, Business Practices, Covid-19
[Consolidated.] J. Edwards denies a company's petition for review of the National Labor Relations Board's finding of unfair labor practices. There is sufficient evidence the company delayed bargaining with the union for three months after the start of the certification year, refused to consider the union's proposals and refused to provide information to the union, among other things.
Court: DC Circuit, Judge: Edwards, Filed On: March 1, 2024, Case #: 22-1287 , Categories: Employment, Labor / Unions
J. Miller finds that the trial court improperly awarded $492,945 to the former university football coach who sued after he was terminated for violating NCAA recruiting rules when he visited with a prospect in person during a Covid-19 "dead period" and gave the student LSU gear. There was no requirement in the employment agreement that a final decision by the NCAA was a prerequisite for finding cause existed for the coach's termination. Reversed.
Court: Louisiana Court Of Appeal, Judge: Miller, Filed On: March 1, 2024, Case #: 2023CA0127, Categories: Education, Employment, Covid-19
J. Molloy finds in favor of an insurance company in a dispute as to whether the company must pay for damages stemming from the construction of a floor pool on a property that caused soil erosion damage to the nearby area. There are several policy exclusions in the relevant agreement with the insurance company that bar coverage of the damages, and the company is not required to issue any payments under the policy as a result.
Court: USDC Montana, Judge: Molloy, Filed On: March 1, 2024, Case #: 9:22cv193, NOS: Insurance - Contract, Categories: Insurance
J. Richardson partially grants the defendant medical college's motion for summary judgment in this suit brought by a former student asserting violations of the Americans with Disabilities Act, breach of contract and negligent misrepresentation. The college is entitled to summary judgment on the student's negligent misrepresentation claim and his "failure-to-accommodate claim to the extent that that claim is based on anything other than a failure to allow a fourth attempt at the Step 1 exam."
Court: USDC Middle District of Tennessee , Judge: Richardson, Filed On: March 1, 2024, Case #: 3:20cv624, NOS: Housing/Accommodations - Civil Rights, Categories: Ada / Rehabilitation Act, Education
J. Miller finds that the trial court properly ruled in favor of the amusement park in a negligence action brought by the guest arising from injuries she suffered while exiting a ride. The trial court did not commit any error in excluding portions of the guest's affidavit testimony. The trial court was clear enough in denoting which portions of the guest's affidavit testimony contradicted her deposition testimony. The contradictions included the guest's recollections as to how many park employees were at the ride and whether the ride basket rose as she exited. The guest failed to offer an explanation for the contradictory testimony. Affirmed.
Court: Georgia Court of Appeals, Judge: Miller, Filed On: March 1, 2024, Case #: A23A1431, Categories: Negligence
J. Gobeil finds that the trial court improperly granted the application by the affiliated company's former CEO to inspect the company's corporate books and incorrectly ordered the company to pay costs. The trial court ruled on the ex-CEO's application before giving the company a reasonable opportunity to prepare and present defenses against the application. Vacated.
Court: Georgia Court of Appeals, Judge: Gobeil, Filed On: March 1, 2024, Case #: A23A1726, Categories: Civil Procedure
J. Moore grants in part the mother's petition for a writ of mandamus, in which she challenges certain pendente lite orders in the underlying custody dispute. The mother's request is granted as to the child-support order, but denied as to the custody order. The lower court "relied exclusively" on the father's motion in determining that the mother should pay him pendente lite child support.
Court: Alabama Court of Civil Appeals, Judge: Moore, Filed On: March 1, 2024, Case #: CL-2023-0814, Categories: Civil Procedure, Family Law
J. Brownlee finds that the trial court improperly revoked a man’s probation for violating a no-contact order and sentencing him to jail for 60 days. There was no actual evidence to support the finding that the man willfully and substantially violated his probation. Therefore, this case is remanded for further proceedings.
Court: Florida Courts Of Appeal, Judge: Brownlee, Filed On: March 1, 2024, Case #: 6D23-919, Categories: Probation, Sentencing
J. Shah partially grants the Cook County sheriff’s motion to dismiss civil rights claims brought by a man who is a former county arrestee. Deputies arrested the man while he was on pre-trial release in another case, without a warrant or court order, after they decided he had strayed from his court-ordered electric monitoring area. He ended up serving two years in jail, and now brings charges against the sheriff’s office for Fourth and 14th Amendment violations. The court finds he has not sufficiently alleged his 14th Amendment claims, but his Fourth Amendment claims against unlawful seizure stand.
Court: USDC Northern District of Illinois, Judge: Shah, Filed On: March 1, 2024, Case #: 1:23cv1782, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Constitution, Police Misconduct
J. Eaton finds the environmental division properly imposed contempt sanctions in this zoning enforcement action for a landowner to remove unpermitted structures on his property. The landowner argues the enforcement order the wrongful contempt sanctions assigned were a violation of the excessive fines clause of the U.S. Constitution as was his arrest in order for the town to remove the structures. He failed to raise the argument regarding the violation by his own choice giving him no right to review now. The contempt sanction fines imposed are entitled to the town for full enforcement.
Court: Vermont Supreme Court, Judge: Eaton, Filed On: March 1, 2024, Case #: 23-AP-231, Categories: Constitution, Property, Sanctions
J. Christel grants a software builder’s motion for partial summary judgment copyright claims brought by the owner of a managing and aligning chart that was allegedly copied without permission. The evidence shows that the aligning chart was not similar to the owner’s chart, but there is an issue of material fact regarding the owner has a valid copyright regarding the managing chart. Therefore, the owner’s motion for summary judgment is denied.
Court: USDC Western District of Washington, Judge: Christel, Filed On: March 1, 2024, Case #: 2:19cv1458, NOS: Copyrights - Property Rights, Categories: Copyright
J. Peachman grants the school district’s counter-claim motion for summary judgment in this case brought by the parents of a minor child. The parent alleged that the school failed to provide a free appropriate public education, failed to address all of his disabilities and develop an education plan to help the child succeed academically. The court reverses an administrative law judge decision in awarding reimbursement to the parents for private placement and other cost.
Court: USDC Western District of Washington, Judge: Peachman, Filed On: March 1, 2024, Case #: 2:23cv191, NOS: Education - Civil Rights, Categories: Ada / Rehabilitation Act, Education
J. Bress denies an immigrant's petition for review of the Board of Immigration Appeals’ dismissal of an appeal of a denial of asylum. The board did not commit legal error in finding that the immigrant's proposed social group lacked particularity and that substantial evidence supported the denial of conventions against torture relief.
Court: 9th Circuit, Judge: Bress, Filed On: March 1, 2024, Case #: 21-1244, Categories: Immigration