202 results for 'filedAt:"2024-03-06"'.
J. Fitzgerald finds that defendant was properly convicted of second degree battery of an elderly newspaper deliveryman who had just dropped off a paper at the house of defendant's grandfather. The testimony of the victim and witnesses shows defendant's actions in attacking the victim were "objectively unreasonable" and that the victim was merely walking back to his vehicle prior to the confrontation with defendant. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Fitzgerald, Filed On: March 6, 2024, Case #: KA-23-518, Categories: Evidence, Battery, Elder Abuse
J. Burnett finds a lower court improperly placed an extradition order on a defendant. The public prosecutor argued that it was entitled to impose a prison sentence on the defendant for sexual activity with a minor. However, the defendant sufficiently showed in court that he was not deliberately absent under criminal standard of proof based on his unawareness of the charges. Reversed.
Court: Supreme Court of the United Kingdom, Judge: Burnett, Filed On: March 6, 2024, Case #: 24UKSC9, Categories: Sex Offender, Child Victims, Extradition
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J. Robinson finds that the district court properly dismissed discrimination claims against a Pfizer fellowship program designed to increase minority employment for excluding white and Asian-American student applicants. In seeking a preliminary injunction, plaintiff failed to identify a member who had been injured by the program by name rather than pseudonym. Affirmed.
Court: 2nd Circuit, Judge: Robinson, Filed On: March 6, 2024, Case #: 23-15-cv, Categories: Civil Rights, Jurisdiction
J. Hodge finds the superior court improperly reversed a lower court's decision in the tenant and landlord's dispute over a commercial lease ordering restitution to the landlord and the release to her of rent money held in escrow. The superior court incorrectly dismissed the landlord's lawsuit on subject-matter jurisdiction grounds, in part because the relevant Virgin Island statutes, including the one relating to "forcible entry and detainer" actions to recover possession of a premises, do not prohibit inquiries into the validity or existence of lease agreements. The portion of the tenant's appeal relating to the restitution of the premises is now moot because he vacated the premises in 2021, but the portion of the superior court's order awarding escrowed rent money to the landlord is reversed and vacated. Reversed in part.
Court: Virgin Islands Supreme Court, Judge: Hodge, Filed On: March 6, 2024, Case #: 2024 VI 12, Categories: Landlord Tenant, Jurisdiction, Contract
Per curiam, the court of appeal finds that the trial court improperly suppressed evidence from defendant's trial on DUI charges because the arresting officer had reasonable suspicion to detain defendant and conduct the investigation. Reversed.
Court: Florida Courts Of Appeal, Judge: Per curiam, Filed On: March 6, 2024, Case #: 4D2023-1104, Categories: Search, Dui
J. Kahn enters default judgment against an Algerian-based company on claims that it failed to pay the litigant $8 million for technology-related services performed under an agreement originally formed in 2003. The court finds the claims timely and the foreign company’s actions were willful. The court awards the litigant an additional $18 million in interest, for a combined total of $26 million in damages.
Court: USDC Northern District of New York, Judge: Kahn, Filed On: March 6, 2024, Case #: 5:17cv424, NOS: Other Contract - Contract, Categories: Damages, Contract, Technology
J. Seybert sends a class action to arbitration to resolve federal and state labor law claims for unpaid overtime wages and failure to provide wage statements. The litigant claimed he could not be bound by the arbitration agreement because it was not provided to him in Spanish, his primary language. However, the employer presented documentation that shows he signed a document, written in Spanish, that stated he had read and understood the company’s employee handbook, which contained the company’s arbitration agreement; therefore he is bound by the arbitration agreement.
Court: USDC Eastern District of New York, Judge: Seybert, Filed On: March 6, 2024, Case #: 2:21cv4518, NOS: Fair Labor Standards Act - Labor, Categories: Arbitration, Class Action, Labor
J. Lipman mostly denies the Varsity defendants' motion to exclude certain expert testimony in this antitrust lawsuit regarding the cheerleading industry, specifically concerning the prices associated with "competitive cheerleading competitions and camps." The defendants have not shown that the expert's methodology "in defining the cheer competition market" is unreliable. Their motion is granted, however, as to the expert's opinions "regarding Varsity's intent."
Court: USDC Western District of Tennessee , Judge: Lipman, Filed On: March 6, 2024, Case #: 2:20cv2892, NOS: Antitrust - Other Suits, Categories: Antitrust, Experts
J. Tookey finds the trial court properly concluded that petitions for judicial review of the 2019 Order had become moot. “The 2019 Order was remanded to OAB by LUBA, and by operation of LUBA’s remand, it had become ineffective.” Affirmed.
Court: Oregon Court of Appeals, Judge: Tookey, Filed On: March 6, 2024, Case #: A179634, Categories: Government, Zoning
J. Logue finds the trial court properly denied the European citizens' motion to dismiss for lack of jurisdiction a lawsuit from a luxury goods retailer claiming its predecessor in interest ordered brand-name handbags from the company the citizens work for, but they instead received counterfeit products. Although the citizens respectively reside in Europe and Dubai, the retailer's complaint has done enough to allege their business connections and tortious conduct in the state of Florida for the lawsuit to proceed. Affirmed.
Court: Florida Courts Of Appeal, Judge: Logue, Filed On: March 6, 2024, Case #: 22-1580, Categories: Fraud, Due Process, Warranty
J. Scales finds the trial court must conduct further proceedings in the husband and wife's marriage dissolution to determine how much should be deducted from the wife's claim for $104,295 in attorney fees and costs, as well as whether gifts she received from her brother and boyfriend to pay her personal and business expenses and litigation costs will continue into the foreseeable future. The case is remanded for the trial court to make additional findings of fact in these areas. Reversed.
Court: Florida Courts Of Appeal, Judge: Scales, Filed On: March 6, 2024, Case #: 22-1980, Categories: Family Law, Attorney Fees