206 results for 'filedAt:"2024-04-10"'.
J. Stephens finds that the trial court should not have increased the husband's spousal support obligation. In this case, the original $400 per month spousal support award, in conjunction with the wife's means of support in operating her own cleaning business, is enough to meet her “maintenance” expenses. Further, the husband's increase in hourly income is not a change in circumstances justifying an increase in spousal support. Reversed in part.
Court: Louisiana Court Of Appeal, Judge: Stephens, Filed On: April 10, 2024, Case #: 55,501-CA, Categories: Evidence, Family Law
J. Cox finds that the trial court should not have granted a temporary restraining order to prevent the defendant pipeline operator from constructing a
perpendicular pipeline under plaintiff's pipeline. The plaintiff's servitude did not state that it could prohibit underground crossings. A crossing pipeline that meets applicable spacing, depth separation limits, and other protective requirements is not certain to damage, destroy, injure, or interfere with plaintiff's pipeline. Reversed.
Court: Louisiana Court Of Appeal, Judge: Cox, Filed On: April 10, 2024, Case #: 55,534-CA, Categories: Energy, Restraining Order, Contract
J. Kobayashi partially grants summary judgment to the U.S. Navy in for part of negligence claims against it by military families who became sick after jet fuel leaked into the water system. The families did not provide sufficient causation evidence for their special damages claim related to medical monitoring and testing for the risk of future health effects. However, summary judgment is denied for claims of fear of future injury.
Court: USDC Hawaii, Judge: Kobayashi, Filed On: April 10, 2024, Case #: 1:22cv397, NOS: Other Personal Injury - Torts - Personal Injury, Categories: Government, Water
J. Kobayashi remands to state court a case brought by families against their landlords, who evicted them from their homes after their water was contaminated by the U.S. Navy’s jet fuel leak. Despite the landlord’s relationship with the military under residential agreements, the landlords themselves are not military and therefore do not fall under federal jurisdiction. Bringing in the U.S. as a third-party defendant does not grant jurisdiction because “a defendant may not create subject-matter jurisdiction by filing a third-party complaint — that is not a voluntary act by plaintiff.”
Court: USDC Hawaii, Judge: Kobayashi, Filed On: April 10, 2024, Case #: 1:23cv585, NOS: Torts to Land - Real Property, Categories: Government, Landlord Tenant
J. Kobayashi remands to state court a case brought by families against their landlords, who evicted them from their homes after their water was contaminated by the U.S. Navy’s jet fuel leak. Despite the landlord’s relationship with the military under residential agreements, the landlords themselves are not military and therefore do not fall under federal jurisdiction. Bringing in the U.S. as a third-party defendant does not grant jurisdiction because “a defendant may not create subject-matter jurisdiction by filing a third-party complaint — that is not a voluntary act by plaintiff.”
Court: USDC Hawaii, Judge: Kobayashi, Filed On: April 10, 2024, Case #: 1:23cv587, NOS: Torts to Land - Real Property, Categories: Government, Landlord Tenant
Want access to unlimited case records and advanced research tools? Create your free CasePortal account now. No credit card required to register.
Try CasePortal for Free
J. Cox finds that the worker's compensation court should not have determined that a hospital security guard was permanently disabled and unable to engage in any employment after being involved in altercation with a patient and suffering from PTSD after the patient spit in his face and told him he was HIV positive. There was expert opinion that there is a potential for the guard to eventually engage in employment, and that medication has improved the guard's anger issues. Further, the evidence shows that the guard has cared for his disabled brother for five years, has volunteered with the public, and has cut his neighbor’s lawn at times. Therefore, the record does not reflect the permanency of his condition or the inability to return to the workforce in some capacity. Reversed.
Court: Louisiana Court Of Appeal, Judge: Cox, Filed On: April 10, 2024, Case #: 55,490-WCA, Categories: Evidence, Workers' Compensation
J. Kobayashi remands to state court a case brought by families against their landlords that evicted them from their homes after their water was contaminated by the U.S. Navy’s jet fuel leak. Despite the landlord’s relationship with the military under residential agreements, the landlords themselves are not military and therefore do not fall under federal jurisdiction. Bringing in the U.S. as a third-party defendant does not grant jurisdiction because “a defendant may not create subject-matter jurisdiction by filing a third-party complaint — that is not a voluntary act by plaintiff.”
Court: USDC Hawaii, Judge: Kobayashi, Filed On: April 10, 2024, Case #: 1:23cv588, NOS: Torts to Land - Real Property, Categories: Environment, Government, Landlord Tenant
J. Windhorst finds that the trial court properly annulled and set aside an act of donation of property. The donor was properly determined to be destitute at the time of the donation because the donor testified that he did not own any other property and that his only job was “working on cars.” Therefore, the donation was annulled under the theory of donation of the donor's entire patrimony without reserving enough for his subsistence. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Windhorst, Filed On: April 10, 2024, Case #: 23-CA-329, Categories: Evidence, Property
J. Windhorst finds that the trial court properly denied defendant's application for post-conviction relief alleging ineffective assistance for not raising the issue of defendant's competency. In this case, defendant did not present any medical records or the victim’s affidavit to show mental incapacity either before or during trial. Further, defendant does not show that his counsel denied him the right to testify. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Windhorst , Filed On: April 10, 2024, Case #: 24-KH-11, Categories: Ineffective Assistance
Per curiam, the appellate division finds that the lower court properly granted the city's motion to dismiss the trip and fall complaint. While the city owned the building, it was leased to a tenant at the time of the accident, so the city did not control the staircase or create the alleged dangerous condition. Affirmed.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: April 10, 2024, Case #: 01901, Categories: Tort
J. Peterson partially grants the motion for summary judgment from the city, city officials and fire and police commission in a lawsuit from a firefighter claiming his First and 14th Amendment rights were violated when, among other things, he was demoted from his position as assistant fire chief and had a restraining order entered against him when he began arriving at fire scenes while he was on leave. The firefighter's due process claim against the city and the commission will proceed to trial, as there is a dispute regarding whether he was deprived of his property interest in his position through his demotion after a change in the law governing how such employment decisions are made. Summary judgment is granted to the city, officials and commission on all of the firefighter's remaining claims, and the individual officials are dismissed as parties.
Court: USDC Western District of Wisconsin, Judge: Peterson, Filed On: April 10, 2024, Case #: 3:22cv640, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Constitution, Due Process
J. Trauger grants the former employer's motion for summary judgment and dismisses this lawsuit alleging a failure to accommodate and disability discrimination under the Americans with Disabilities Act. The former employee, who allegedly wanted space in the back of business to store her oxygen tank, testified that she was never actually denied "an accommodation that she sought." Instead, she bases her claim on an allegation that she was not told when or where to clear the space. The court concludes that her requested accommodation was in fact granted, and also, her complaint regarding breaks is not supported by the evidence.
Court: USDC Middle District of Tennessee , Judge: Trauger, Filed On: April 10, 2024, Case #: 3:22cv874, NOS: Employment - Civil Rights, Categories: Ada / Rehabilitation Act, Employment Discrimination, Employment Retaliation
J. Goff finds that defendant was improperly convicted of murder because the jury had been given confusing instructions as to which party bore the burden of proof on the self-defense issue, and the instructions were not corrected during trial. Reversed.
Court: Indiana Supreme Court, Judge: Goff, Filed On: April 10, 2024, Case #: 24S-CR-123, Categories: Jury, Murder, Self Defense
J. Talwani denies an employer’s motion for summary judgment against its former employee’s retaliation claims. A reasonable jury could find the employee was fired under false pretenses, rather than placed on a performance improvement plan, as retaliation for making a False Claims Act complaint.
Court: USDC Massachusetts, Judge: Talwani, Filed On: April 10, 2024, Case #: 1:11cv10790, NOS: Other Statutory Actions - Other Suits, Categories: Employment, False Claims, Whistleblowers
J. Devaney finds that the district court improperly granted summary judgment regarding decedent’s will, devising farmland to the decedent’s sister-in-law. Three contestants to the will appealed, asserting that the circuit court improperly granted summary judgment on grounds not briefed or argued to the court, which was therefore incorrect in concluding that judgment was appropriate. Reversed.
Court: South Dakota Supreme Court, Judge: Devaney , Filed On: April 10, 2024, Case #: 2024SD20, Categories: Wills / Probate
J. Warner finds that the trial court improperly ruled for a condo association in claims contending a property under suffered retaliation for filing a lawsuit against the association in 2009 because the record does not support the finding that the homeowner had agreed to certain commitments to settle certain issues. Reversed.
Court: Florida Courts Of Appeal, Judge: Warner, Filed On: April 10, 2024, Case #: 4D2022-2322, Categories: Property, Settlements
J. Langholz finds that the lower court properly dismissed premises liability claims brought against the host of a party where plaintiff had been stabbed because the host had no duty to prevent another guest from stabbing plaintiff during the social event. Affirmed.
Court: Iowa Court Of Appeals, Judge: Langholz, Filed On: April 10, 2024, Case #: 23-0596, Categories: Premises Liability
J. Tabor finds that defendant was properly convicted of driving while barred after a police officer familiar with defendant confirmed that he had observed defendant driving without a license upon checking the computer system in the police vehicle. Defendant contends the certified abstract indicated he had zero "unserved sanctions," but the ambiguous notation had been rejected by the jury in light of "more certain" evidence that defendant's license had been barred. Affirmed.
Court: Iowa Court Of Appeals, Judge: Tabor, Filed On: April 10, 2024, Case #: 23-0811, Categories: Evidence, Vehicle
J. Schumacher finds that the lower court properly distributed trust funds over which plaintiff and his sister had been named co-trustees following the death of their parents to the sister's children rather than her estate, following the sister's death. A subsection of the trust language required that the distribution be made to the estate since the sister had failed to survive distribution. Affirmed.
Court: Iowa Court Of Appeals, Judge: Schumacher, Filed On: April 10, 2024, Case #: 23-0847, Categories: Trusts
J. Schumacher finds that a child was properly placed in a father's physical care following dissolution of marriage because the mother had unstable housing, transportation, and employment. Affirmed.
Court: Iowa Court Of Appeals, Judge: Schumacher, Filed On: April 10, 2024, Case #: 23-1492, Categories: Family Law
J. Ahlers finds that the parties' parental rights were properly terminated since the mother failed to participate in treatment for methamphetamine use, and the father failed to keep the home clean of dog urine and/or feces, and other filthy conditions, while the child was too young to protect herself against health hazards. Affirmed.
Court: Iowa Court Of Appeals, Judge: Ahlers, Filed On: April 10, 2024, Case #: 24-0026, Categories: Family Law