136 results for 'filedAt:"2024-04-03"'.
J. Neeley finds the trial court properly denied defendant's motion to suppress during his drug case. Officers obtained a warrant to search defendant's home after he was identified by an informant who admitted to having drugs during a traffic stop. Though the informant's information had not been corroborated, his first-hand observation of criminal activity provides a basis for his knowledge of the facts. Credibility need not be independently established when no confidential informant is used. Affirmed.
Court: Texas Courts of Appeals, Judge: Neeley , Filed On: April 3, 2024, Case #: 12-23-00268-CR, Categories: Drug Offender, Evidence
J. Kovner rules against a debtor and its guaranties and finds them liable for the delinquent amounts under a promissory note. The court, however, reserves ruling on Axos Bank’s request for $4.9 million in damages due to several discrepancies with the amounts provided, and orders the bank to submit additional information.
Court: USDC Eastern District of New York, Judge: Kovner, Filed On: April 3, 2024, Case #: 1:20cv3549, NOS: Other Contract - Contract, Categories: Banking / Lending, Contract
J. McHugh grants the federal government’s motion to dismiss an argument by Safehouse, a proposed nonprofit safe injection center for those struggling with opioid addition, that the federal government would be violating the organization’s First Amendment right to free exercise of religion if it criminally prosecuted them for drug crimes after opening the center. While Safehouse argued that it is informed by classic Judeo-Christian beliefs about the need to “preserve life, provide shelter to our neighbors, and do everything possible to care for the sick,” the court found no evidence that the organization is a religious entity in its articles of incorporation.
Court: USDC Eastern District of Pennsylvania, Judge: McHugh, Filed On: April 3, 2024, Case #: 2:19cv519, NOS: Other Statutory Actions - Other Suits, Categories: Civil Procedure, Government, First Amendment
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J. Lewis finds that the trial court improperly ruled in part against a university accused of charging application and orientation fees that exceeded the maximum allowed under Florida statutes because the board was entitled to immunity on declaratory judgment claims. Reversed in part.
Court: Florida Courts Of Appeal, Judge: Lewis, Filed On: April 3, 2024, Case #: 1D2021-1857, Categories: Education, Immunity, Contract
J. Lindsey finds the trial court properly awarded a final judgment to the homeowner after a jury found in his favor in his lawsuit against his insurance company over water damages to his home. The insurance company incorrectly argues it is entitled to a new trial because two documents it submitted as evidence were blocked as hearsay, and nothing else in the record warrants reversal. Affirmed.
Court: Florida Courts Of Appeal, Judge: Lindsey, Filed On: April 3, 2024, Case #: 23-0301, Categories: Insurance, Contract
J. Logue finds the trial court did not err in awarding final judgment to the real estate company in a dispute with the investment firm over ownership rights to two properties involving allegedly fraudulent actions by an individual who worked for both entities. In part because the company has proven it paid to purchase the two properties at issue and the firm cannot prove it paid to purchase the properties or that any entity with authority to do so transferred the properties' titles to it, the trial court properly found the company had proven it had the superior claim to the titles and found in its favor on its quiet title and recission claims. Affirmed.
Court: Florida Courts Of Appeal, Judge: Logue, Filed On: April 3, 2024, Case #: 23-0695, Categories: Property, Real Estate
J. Miller finds the trial court erred by not granting Facebook's motion to dismiss a lawsuit from an ammunition manufacturer over damages it sustained when an impostor created a clone of the manufacturer's Facebook account and used it to conduct business as the manufacturer. The allegations in the lawsuit are not enough to establish specific jurisdiction in a Florida court over Facebook, whose parent company is a Delaware corporation headquartered in California, in part because there is no tort claim alleged against Facebook. The trial court's order is reversed and the case is remanded for further proceedings. Reversed.
Court: Florida Courts Of Appeal, Judge: Miller, Filed On: April 3, 2024, Case #: 23-0948, Categories: Tort, Jurisdiction
J. Swan finds the trial court partially erred in its judgment awarding a one-half interest in a property to the ex-boyfriend in his dispute with the ex-girlfriend over ownership of the property they jointly purchased in 2001. The trial court's application of the evidence standard and challenged findings of fact are affirmed, but it improperly failed to complete its findings by not determining how much of the mortgage encumbers each of the ex-boyfriend and the ex-girlfriend's one-half interests. The trial court's judgment is partially affirmed and partially vacated, and the case is remanded only to determine how much of the ex-girlfriend's interest is encumbered by the mortgage. Affirmed in part.
Court: Virgin Islands Supreme Court, Judge: Swan, Filed On: April 3, 2024, Case #: 2024 VI 18, Categories: Property, Contract
J. Murphy finds the trial court improperly denied the refrigeration installer's request for a preliminary injunction. The installer alleges a noncompete agreement was violated by the other refrigeration equipment installer. The circuit court erroneously failed to consider Arkansas Code's covenant-not-to-compete statute as it relates to what constitutes irreparable harm. Reversed in part.
Court: Arkansas Court Of Appeals, Judge: Murphy , Filed On: April 3, 2024, Case #: CV-23-158, Categories: Due Process, Contract, Injunction
J. Hixson finds the circuit court properly denied the mother's motion to modify child support. The mother alleges the father had not visited their older children, and that she fully supports them without his help. She says that even though the court granted joint custody, the father had not abided by the order, and should not have the benefit of an offset for his support. The order did not require the father have visitation with the older children, and the mother has not argued there has been any material change in circumstances as required for modification. Affirmed.
Court: Arkansas Court Of Appeals, Judge: Hixson , Filed On: April 3, 2024, Case #: CV-23-192, Categories: Family Law, Guardianship
J. Thyer finds the circuit court properly denied the cable service provider's motion to compel arbitration, granting the city's motion for class certification. The provider's predecessor agreed to pay the city an annual franchise fee to establish a system, including the right to erect and use equipment in the city's public rights-of-way. The city filed the action alleging the provider failed to pay the fee, and also did not maintain minimum standards of conduct for its customers. The franchise agreement with the city and the residential services agreement with customers are separate agreements. No valid arbitration agreement exists. Exhibits showing commonality were properly admitted. Affirmed.
Court: Arkansas Court Of Appeals, Judge: Thyer , Filed On: April 3, 2024, Case #: CV-22-808, Categories: Arbitration, Communications, Municipal Law
J. Murphy finds the circuit court improperly found for the hospital and its billing agent. Patients filed this class action after the hospital declined to bill their insurer, Blue Cross, for treatment for injuries from an auto accident, seeking the full amount from the patients and the at-fault party. The court improperly refused to allow the patients to conduct discovery to fully respond to the hospital's motions for summary judgment and to dismiss. Reversed.
Court: Arkansas Court Of Appeals, Judge: Murphy , Filed On: April 3, 2024, Case #: CV-22-211, Categories: Debt Collection, Health Care, Discovery
Per curiam, the circuit finds the district court properly found in favor of the officers on qualified immunity grounds. Police responded to a call of a suspicious vehicle at an apartment complex to find an SUV parked with 2 occupants sleeping inside. A run of the tags revealed the SUV was stolen. Two officers fired at the vehicle after it suddenly backed into a cruiser, then moved forward, hitting a fence with significant force. Officers thought to have been behind the SUV when it moved were not in the line of sight of the officers who fired, and no clear right was violated by the officers. Affirmed.
Court: 5th Circuit, Judge: Per curiam, Filed On: April 3, 2024, Case #: 22-10876, Categories: Constitution, Police Misconduct
J. Kern finds that the circuit court improperly excluded evidence pertaining to sex toys that were used when defendant alleged that he was engaged in a consensual encounter. A woman who has a daughter with defendant alleged that she was raped and the only interaction with the sex toys was when she threw one at defendant after grabbing it away from him during the attack. Defendant was found guilty and appeals, arguing that the
court abused its discretion in excluding evidence of the sex toys and allowing the state to cross examine based on unadmitted text messages. Reversed.
Court: South Dakota Supreme Court, Judge: Kern, Filed On: April 3, 2024, Case #: 2024SD18, Categories: Evidence, Sex Offender
[Consolidated.] J. Perry finds that the trial court properly ordered the full interdiction of a fifty-four-year-old individual who has intellectual and developmental disabilities. The testimony of the medical expert and other evidence supports the finding that the individual is not able to "make reasoned decisions regarding the care of his person and property." Affirmed.
Court: Louisiana Court Of Appeal, Judge: Perry, Filed On: April 3, 2024, Case #: CW-23-213, Categories: Evidence, Family Law, Experts
J. Fitzgerald finds that the trial court erred in issuing a preliminary injunction that bars the former employee from competing with his former company. The noncompetition provision is not valid since it is ambiguous and overly broad. Also, the former employer failed to prove the "existence of legally protectable trade secrets and proprietary information." Reversed.
Court: Louisiana Court Of Appeal, Judge: Fitzgerald, Filed On: April 3, 2024, Case #: CA-23-615, Categories: Employment, Contract, Injunction
J. Wozniak finds the trial court properly granted summary judgment in favor of a salesman in this breach of contract claim for unpaid sales commissions against a construction company. The company agreed to pay sales commission to the salesman while he was employed, but when he left his position they argued he was an unlicensed contractor and said the contract was unenforceable. The salesman sold the roofing services under the licensed company. Therefore, he did not engage in any unlawful activity and neither a “contractor” nor engaged in “contracting.” Affirmed.
Court: Florida Courts Of Appeal, Judge: Wozniak, Filed On: April 3, 2024, Case #: 6D23-810, Categories: Construction, Licensing, Contract