174 results for 'filedAt:"2024-03-21"'.
Per curiam, the Ohio Supreme Court partially grants a writ of mandamus for the release of records related to a prisoner’s six public records requests. The court awards him statutory damages of $1,000 each, for two requests that were not fulfilled by the Ohio Department of Corrections. As for the other requests, the inmate submitted several requests to a contractor of the Ohio Department of Corrections that was not the custodian of the records; receiving referrals to the proper office does not constitute a denial of the request.
Court: Ohio Supreme Court, Judge: Per curiam, Filed On: March 21, 2024, Case #: 2024-Ohio-1015, Categories: Public Record, Damages
J. White finds that the appeals court properly reversed the trial court's decision in a defamation suit over emails sent by defendant's agents to the plaintiff corporation's chief revenue officer and two board members alleging "rampant accounting improprieties" and purported mafia connections. The emails may qualify as defamatory even though they were only sent to members of the corporation itself. There is publication to a third party when an allegedly defamatory statement is communicated to a member of a corporation's executive leadership team. Affirmed.
Court: Illinois Supreme Court, Judge: White, Filed On: March 21, 2024, Case #: 129227, Categories: Corporations, Defamation
J. Overstreet finds that the lower court properly convicted defendant of sexual assault of his four-year-old daughter. Defense counsel was not ineffective for failing to object to the admission of two positive STD tests, as this evidence was admissible at trial despite the physician-patient privilege attached to them under the exception set forth in the Abused and Neglected Child Reporting Act. Affirmed.
Court: Illinois Supreme Court, Judge: Overstreet, Filed On: March 21, 2024, Case #: 129289, Categories: Ineffective Assistance, Sex Offender, Child Victims
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J. Kovner dismisses outright a former Army National Guard servicemember’s civil rights complaint filed against various state and federal agencies claiming he was unlawfully separated from the military and denied basic allowance and family separation pay as well as reimbursement for travel expenses. The court finds the Court of Federal Claims has sole jurisdiction over his claims for unlawful separation, and the rest of his claims are either barred by sovereign immunity, fail to state a claim, failed to exhaust all administrative remedies, frivolous or were brought under statutes which do not afford a private right of action.
Court: USDC Eastern District of New York, Judge: Kovner, Filed On: March 21, 2024, Case #: 1:22cv6505, NOS: Other Civil Rights - Civil Rights, Categories: Immunity, Jurisdiction, Military
J. Bushong finds the Appeals Court erred in concluding that its denial of defendant’s challenge for cause prejudiced defendant. “Error did not interfere with defendant’s right to a fair trial before impartial jurors, and whatever impact the error may have had on how defendant used his peremptory challenges did not prejudice him in respect to a substantial right.” Reversed.
Court: Oregon Supreme Court, Judge: Bushong, Filed On: March 21, 2024, Case #: S070188, Categories: Domestic Violence
J. Benavides finds that the lower court properly denied the appellants' motion to transfer venue from Hidalgo County in this wrongful death lawsuit arising from a fatal accident involving two commercial vehicles. The family sufficiently showed that one of the drivers "was maintaining a residence in Hidalgo County at the time of the accident." Affirmed.
Court: Texas Courts of Appeals, Judge: Benavides, Filed On: March 21, 2024, Case #: 13-23-00135-CV, Categories: Wrongful Death, Venue
J. Hassan reverses the trial court's final judgment that awarded $3.8 million to an oil and gas worker who was injured by pressurized fluid that "unexpectedly shot out of the end of a hose he was carrying" when another worker negligently opened a valve. The defendant company's request for a jury question regarding the borrowed employee doctrine was incorrectly denied since it was a "controlling factual issue" relating to liability. A new trial is warranted for all claims and parties. Reversed.
Court: Texas Courts of Appeals, Judge: Hassan, Filed On: March 21, 2024, Case #: 14-22-00473-CV, Categories: Employment, Jury, Damages
J. Kobayashi partially denies dismissal on part of a claim against the government by military families regarding the military’s handling of the Red Hill fuel leak and subsequent water crisis. The government must face part of a negligence claim that accuses the government of not following protocols for flushing the fuel contamination from the families’ homes, as the government did not establish how following the protocols may have implicated other policy concerns. On the other hand, because the government did show how its failure to remediate constituted a discretionary decision under an exception under the Federal Torts Claims Act, that tort claim is dismissed with prejudice.
Court: USDC Hawaii, Judge: Kobayashi, Filed On: March 21, 2024, Case #: 1:22cv397, NOS: Other Personal Injury - Torts - Personal Injury, Categories: Government, Tort, Negligence
J. van Cleef finds that the trial court improperly denied summary judgment to the property owner after a driver crashed into a tree that had earlier fallen from the property and onto the road during a windstorm. The property owner "owed no legal duty" to the driver, who takes nothing on the claim. Reversed.
Court: Texas Courts of Appeals, Judge: van Cleef, Filed On: March 21, 2024, Case #: 06-23-00060-CV, Categories: Property, Negligence
Per curiam, the appellate division finds that the lower court properly denied the tenant's motion for summary judgment on liability for the landlord's demolition of its car wash structure. Issues of fact remain as to whether damage to the retaining wall was caused by the tenant's demolition of the concrete floor inside the car wash structure, and whether the landlord was entitled to demolish the entire structure to remediate the dangerous condition. Affirmed.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: March 21, 2024, Case #: 01619, Categories: Landlord Tenant
J. Mundy finds that the superior court properly found that there was evidence to support an adjudication of delinquency in this suit wherein one 12-year-old convinced another with an intellectual disability to lift up her shirt and expose her bra while on camera and posted the video on social media. The crime of transmission of sexually explicit images by a minor does not require exposure of the nipple in order to meet the definition of nudity; nudity is established where any area below the top of the nipple is visible. Affirmed.
Court: Pennsylvania Supreme Court, Judge: Mundy, Filed On: March 21, 2024, Case #: J-68-2023, Categories: Sex Offender, Child Victims, Child Pornography
J. Hanlon grants the fraternity's motion to dismiss on an ex-member's claims the fraternity violated his due process rights by expelling him without notice, barring him from readmission. The ex-member was expelled after seeking readmission 20 years after having left school. Though he was readmitted, he later received an expulsion letter stating he had failed to meet membership verification requirements. No fraud or abuse of civil or property rights has been found. The court will not interfere in the internal affairs of voluntary membership associations, and no allegations implicate the school itself.
Court: USDC Southern District of Indiana, Judge: Hanlon , Filed On: March 21, 2024, Case #: 1:23cv956, NOS: Other Contract - Contract, Categories: Education, Contract
J. Jennings denies the government's motion to dismiss a protestor's claims he was peacefully sharing his message on a public sidewalk outside Churchill Downs when he was arrested by a state trooper for criminal trespass, a charge that was later dropped. Defendant claims he was traumatized by his transport and incarceration due to combat PTSD. Facts demonstrate a clear injury-in-fact, traceable directly to the government's permitting scheme, although the trooper is entitled to qualified immunity.
Court: USDC Western District of Kentucky, Judge: Jennings , Filed On: March 21, 2024, Case #: 3:23cv235, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Government, Immunity
J. Higginbotham finds the district court improperly denied Ferrellgas's motion for judgment as a matter of law. The customer was injured while using a Ferrellgas propane tank and alleges a manufacturing defect and negligence. The injured party did not produce evidence showing why a cap over the tank's valve would be considered a seal. Packaging of the tank is not sealed and there is no way of showing what might have occurred during shipping. Reversed.
Court: 5th Circuit, Judge: Higginbotham , Filed On: March 21, 2024, Case #: 23-10019, Categories: Negligence, Product Liability
J. Smith finds the district court improperly found for R.J. Reynolds on its claims the Food & Drug Administration's attempt at implementing the Tobacco Control Act’s warning-label requirement to require color graphics regarding health effects of smoking violates the First Amendment. The image warnings are both factual and uncontroversial, and the free speech test for factual commercial speech must be applied. Reversed.
Court: 5th Circuit, Judge: Smith , Filed On: March 21, 2024, Case #: 23-40076, Categories: Commerce, Constitution, Health Care
J. Oldham finds the district court improperly entered summary judgment in favor of the insurer. After the 2020 SXSW music festival in Austin was cancelled due to Covid-19 concerns, the organizers sought its insurer's defense for the class action filed by certain ticketholders. The insurer responded it had no duty to defend, and the court found the festival sought a covered loss, also holding an exclusion excused the insurer from defending or covering the ticketholders' class action. Because the classes' complaint arises from the festival's refusal to offer refunds, not a professional service, the professional services exclusion does not bar coverage. Reversed.
Court: 5th Circuit, Judge: Oldham , Filed On: March 21, 2024, Case #: 22-50933, Categories: Insurance, Covid-19, Class Action
J. Wilson vacates the Environmental Protection Agency's order prohibiting the plastic container manufacturer from producing toxic long-chain perfluoroalkyls through its fluorination process. The EPA exceeded its statutory authority, and it may not skirt Administrative Procedure Act framework by arbitrarily deeming the company's decades-old fluorination process a “significant new use.” Reversed.
Court: 5th Circuit, Judge: Wilson , Filed On: March 21, 2024, Case #: 23-60620, Categories: Administrative Law, Environment, Agency
J. Peterson denies the widower's motion for sanctions against the prison healthcare company in his lawsuit alleging violations of his late wife's 14th Amendment rights that allegedly led to a fatal heart attack while she was incarcerated. While the widower's motion for sanctions is denied, he has successfully argued that the company misrepresented the availability of key information during discovery about deaths in facilities the company services such that the widower could not access this information until December 2023, so the case's schedule is struck and the parties will conduct a new pretrial conference to reset the schedule and set a new discovery plan. A motion to intervene from the estate of a man who also died while in custody at a facility the company services is denied, as its goal to obtain documents obtained through discovery in this case can be obtained through its own discovery procedures, but the motion is denied without prejudice so it can be brought back later if need be.
Court: USDC Western District of Wisconsin, Judge: Peterson, Filed On: March 21, 2024, Case #: 3:20cv1123, NOS: Other Civil Rights - Civil Rights, Categories: Constitution, Sanctions, Wrongful Death
Vice Chancellor Laster denies an application for interlocutory review of an opinion denying a motion to dismiss a shareholder class action challenging the conversion of a Delaware corporation into a Nevada corporation. The opinion did not decide an application of a standard of review for a corporation to move for potential enhanced litigation protection. It only inferred that entire fairness may apply, but the business judgment rule could control if defendants can show that Nevada law does not materially differ from Delaware law regarding litigation protections for fiduciaries.
Court: Delaware Chancery Court, Judge: Laster, Filed On: March 21, 2024, Case #: 2023-0449-JTL, Categories: Fiduciary Duty
J. Traynor finds that defendant's detention on suspicion of loitering was unreasonable because the supposed violation was based on a flawed understanding of the loitering statute, and so the subsequent investigative seizure and nonconsensual search that revealed a concealed firearm was unlawful. As such, the unlawfully seized evidence should have been suppressed by the trial court, which would have precluded a finding beyond a reasonable doubt that a crime was committed. Vacated.
Court: Delaware Supreme Court, Judge: Traynor, Filed On: March 21, 2024, Case #: 170, 2023, Categories: Evidence, Search
J. Royal partially rules in favor of the government in a negligence action brought under the Federal Tort Claims Act by the driver arising from injuries she suffered in a car collision with a U.S. Postal Service mail truck. The driver conceded that the Act prohibits her from recovering more than the $72,000 in damages she presented in the pre-suit administrative claim. However, genuine issues of fact exist as to whether the collision caused additional injuries to the driver's knee and shoulder separate from her preexisting injuries.
Court: USDC Middle District of Georgia, Judge: Royal, Filed On: March 21, 2024, Case #: 5:21cv237, NOS: Other Personal Injury - Torts - Personal Injury, Categories: Negligence
J. Robie finds that the trial court properly denied a funeral home's petition to exclude money paid for funeral merchandise from a statutory requirement to hold that money in trust. The payments for merchandise are subject to the trust requirements for preneed contracts under the Short Act because they were sold as part of a package deal. Affirmed.
Court: California Courts Of Appeal, Judge: Robie, Filed On: March 21, 2024, Case #: C098017, Categories: Contract
J. Rutherford denies, in part, United Health's motion for sanctions against an executive in its healthcare fraud case. Although the executive failed to take steps to preserve certain data, he did not act in bad faith.
Court: USDC Northern District of Texas , Judge: Rutherford, Filed On: March 21, 2024, Case #: 3:21cv1547, NOS: Other Fraud - Torts - Personal Property, Categories: Fraud, Health Care, Sanctions
J. Howell denies, in part, the district's motion to dismiss a former black records manager's employment discrimination claims. She sufficiently alleges her claims for gender discrimination and retaliation, disability retaliation and failure to accommodate.
Court: USDC District of Columbia, Judge: Howell, Filed On: March 21, 2024, Case #: 1:23cv1488, NOS: Employment - Civil Rights, Categories: Employment Discrimination, Employment Retaliation