170 results for 'filedAt:"2024-04-17"'.
J. Hellman finds the juvenile court properly changed child’s permanency from reunification to guardianship. “Mother’s failure to complete treatment was not the only evidence concerning her lack of progress.” Affirmed.
Court: Oregon Court of Appeals, Judge: Hellman, Filed On: April 17, 2024, Case #: A181128, Categories: Family Law
J. Lanier finds that the trial court improperly dismissed a customer's slip and fall action over an incident in a shopping center parking lot that was being re-tarred. There are genuine issues of material fact as to whether the alleged unreasonably dangerous condition of the parking lot was "open and obvious." Reversed.
Court: Louisiana Court Of Appeal, Judge: Lanier, Filed On: April 17, 2024, Case #: 2023CA1016, Categories: Civil Procedure, Negligence
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J. Meyer holds that the trial court properly ruled for a property owner who claimed his neighbor breached an agreement that settled their easement dispute. The neighbor refused to pay for an agreed-upon cattle guard and he placed a gate across an easement road, and then he failed to timely respond to the property owner's motion for summary judgment. However, the trial court erred in dismissing the neighbor's trespass claim on standing grounds. Also, an attorney fee award to the owner for pressing his summary judgment motion was proper but the owner was also entitled to fees for defending against the neighbor's motion for reconsideration. Vacated in part.
Court: Idaho Supreme Court, Judge: Meyer, Filed On: April 17, 2024, Case #: 49628, Categories: Property, Settlements, Attorney Fees
J. Duncan finds the district court properly granted summary judgment in favor of the Coast Guard. A competitor of the dredging barge owner challenged a Coast Guard ruling the barge was made in the U.S., allowing for its use in U.S. waters. Though the vessel used foreign-made appliances, the Coast Guard correctly ruled the barge is considered to be U.S.-built. The court properly deferred to the Coast Guard’s reasonable interpretation of its own regulations, and the ruling is not arbitrary or capricious. Affirmed.
Court: 5th Circuit, Judge: Duncan , Filed On: April 17, 2024, Case #: 23-20118, Categories: Government, Maritime
J. Murphy finds the circuit court properly granted the prescriptive easement with limitations. Though the grantee says the court improperly limited use of the road subject to the easement, the limitations properly address only the historical use of dominant tenements. Affirmed.
Court: Arkansas Court Of Appeals, Judge: Murphy , Filed On: April 17, 2024, Case #: CV-22-774, Categories: Evidence, Property
J. Gladwin finds the circuit court properly revoked defendant's probation, sentencing her to 120 months in prison. Defendant previously pleaded guilty to charges of robbery and theft of property, receiving 10 years of probation. Later, defendant, thinking her boyfriend was cheating on her, confronted him in the front yard of the other woman's home, attacking him with a knife. Detective interview video shows defendant admitting to having a knife, which supports the revocation. Affirmed.
Court: Arkansas Court Of Appeals, Judge: Gladwin , Filed On: April 17, 2024, Case #: CR-23-652, Categories: Probation, Assault, Weapons
J. Virden finds the trial court properly convicted defendant for sexual assault and rape committed against his minor grandchildren based on sufficient evidence. The children testified the abuse, including vaginal and oral penetration, seemed like normal life. Defendant told one of the children that if she told anyone she would be committed to a mental institution, also threatening to hurt her pets. Witness credibility was properly considered, and the court properly elected to run the sentences consecutively. Affirmed.
Court: Arkansas Court Of Appeals, Judge: Virden , Filed On: April 17, 2024, Case #: CR-23-581, Categories: Sentencing, Sex Offender, Child Victims
J. Hixson finds the trial court properly convicted defendant for sexual assault and introducing benzodiazepine into the victim's body. Defendant's ex-wife testified that defendant was watching their children at her home while she worked. She returned home to find her 16-year-old niece, who was not expected to be there, asleep. She said defendant was acting erratically, and that she discovered a plastic bag containing drugs. After defendant left, the niece disclosed the assault, later testing positive for the drug. Substantial evidence supports the conviction. An exception cited by defendant is not applicable to prosecutorial errors involving closing discussion of evidence not presented at trial. No ineffective assistance or court error is found. Affirmed.
Court: Arkansas Court Of Appeals, Judge: Hixson , Filed On: April 17, 2024, Case #: CR-23-684, Categories: Drug Offender, Evidence, Sex Offender
[Consolidated.] J. Joseph grants motions for judgment in this civil rights matter. The mother and sister of a 17-year-old boy who was killed by a former police officer were in the county protesting the district attorney’s decision not to prosecute the former police officer for the death. During what they claim was a peaceful protest, they allege they were forcibly removed from their vehicle and assaulted by police. In a separate complaint, a driver claims he was driving home from work when police rammed his vehicle with an armored vehicle and armed officers surrounded him. He argues his vehicle was unlawfully searched and he was arrested without probable cause. The complainants fail to identify anyone for whom fresh claims may be brought, and all other claims are duplicative, as they were already addressed in prior litigation.
Court: USDC Eastern District of Wisconsin, Judge: Joseph, Filed On: April 17, 2024, Case #: 2:23cv1321, NOS: Civil Rights - Habeas Corpus, Categories: Civil Rights, Police Misconduct
J. Mclish denies the contractor’s appeal claiming it was underpaid by the Army Corps of Engineers to construct a seepage berm at a state prison in Louisiana. The contract contained an estimation of compacted fill amount, providing that the contractor would be paid the actual amount used as measured by the Corps’ surveys. The contractor raised no objection involving the survey that was conducted, which indicates its understanding of the contract was the same as the Corps’. Though the contractor now offers a different interpretation of the contract regarding its excavation and removal of organic material, it gives no evidentiary support that it held this interpretation all along.
Court: Armed Services Board Of Contract Appeals, Judge: Mclish, Filed On: April 17, 2024, Case #: 63632, Categories: Government, Military, Contract
J. Weissmann finds that the trial court improperly ruled in breach of contract claims because facts remain in dispute as to whether the parties orally agreed to form the company as equal members, and the business was entitled to a jury trial. Reversed.
Court: Indiana Court Of Appeals, Judge: Weissmann, Filed On: April 17, 2024, Case #: 23A-PL-1383, Categories: Contract
J. McKeig affirms the Workers' Compensation Court of Appeals' affirmance of a compensation judge's finding that an employee had compensable post-traumatic stress disorder. The compensation judge's conclusion was based on the employee's credibility and the persuasiveness of an expert diagnosis, so the finding was not manifestly contrary to the evidence.
Court: Minnesota Supreme Court, Judge: McKeig, Filed On: April 17, 2024, Case #: A23-1207, Categories: Employment, Evidence, Workers' Compensation
J. Savoie finds that defendant was properly convicted for the first-degree murder of his wife, the attempted first-degree murder of his stepdaughter, and possession of a firearm by a convicted felon. Defendant argues that the trial court wrongfully denied his motion for a new trial on the basis that defective jury summonses did not implement Act 121, which allows convicted felons to serve on juries under certain circumstances. Defendant did not timely challenge his jury venire because he did not file a motion to quash before trial, thus waiving his objection. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Savoie, Filed On: April 17, 2024, Case #: KA-23-616, Categories: Jury, Murder
J. Thierry partially reverses the judgment that the Office of Workers' Compensation rendered to the van driver regarding a work-related injury, specifically the portion that denies the worker reinstatement of benefits. The workers' compensation judge wrongfully denied the worker her benefits because it claimed that she "abandoned" her position, so the worker is entitled to 66.6% of the difference between her pre-injury weekly wage of $498 and the weekly amount of $52 that she is currently able to earn. The matter is remanded to the Office of Workers' Compensation to precisely calculate the supplemental earnings benefits to which the worker is entitled. Reversed in part.
Court: Louisiana Court Of Appeal, Judge: Thierry, Filed On: April 17, 2024, Case #: WCA-23-674, Categories: Employment, Workers' Compensation
J. Thierry partially reverses the judgment that the Office of Workers' Compensation rendered to the van driver regarding a work-related injury, specifically the portion that denies the worker reinstatement of benefits. The workers' compensation judge wrongfully denied the worker her benefits because it claimed that she "abandoned" her position, so the worker is entitled to 66.6% of the difference between her pre-injury weekly wage of $498 and the weekly amount of $52 that she is currently able to earn. The matter is remanded to the Office of Workers' Compensation to precisely calculate the supplemental earnings benefits to which the worker is entitled.
Court: Louisiana Court Of Appeal, Judge: Thierry, Filed On: April 17, 2024, Case #: WCA-23-675, Categories: Employment, Workers' Compensation
J. Kyzar finds that defendant was properly convicted for DWI, fifth offense. Defendant claims that his counsel failed when they did not seek to suppress and object to the use his medical records as evidence, as those include the results of his blood alcohol tests, but there was no reason why the trial court would allow counsel to suppress or successfully object to the admission of this evidence that the trooper obtained with a warrant.
Court: Louisiana Court Of Appeal, Judge: Kyzar, Filed On: April 17, 2024, Case #: KA-23-742, Categories: Evidence, Ineffective Assistance, Dui
J. Drell orders a school's executive director to turn over complete and unredacted records of any phone calls and text messages he exchanged with three subordinate employees, during two days of depositions for an English instructor’s Title VII sexual harassment and retaliation suit. The school destroyed evidence to conceal it from the litigant-teacher and, therefore, the teacher is granted an “adverse inference” as a sanction. A jury may infer that deleted texts would have shown the executive director instructed the three workers how they were to testify in their depositions and that the testimony in their own depositions reflects the instructions of their boss.
Court: USDC Western District of Louisiana , Judge: Drell, Filed On: April 17, 2024, Case #: 1:21cv4419, NOS: Employment - Civil Rights, Categories: Education, Employment Discrimination, Employment Retaliation
J. Hutchison affirms the lower court's order denying defendant's motion to correct its order for a six-month suspended sentence on a misdemeanor charge of joyriding in lieu of 10-days of actual jail time followed by one-year unsupervised probation to reflect time-served for good behavior. The judge did not abuse his discretion by instructing defendant to file a separate civil suit against the West Virginia Division of Corrections and Rehabilitation within three months, then denying her motion when she failed to provide notice of a suit.
Court: West Virginia Supreme Court Of Appeals, Judge: Hutchison, Filed On: April 17, 2024, Case #: 22-685, Categories: Burglary, Sentencing, Vehicle
J. Hellman finds the juvenile court properly changed a permanency plan from reunification to guardianship. “Mother did not make sufficient progress to ameliorate her pattern of substance abuse to allow E to return home safely.” Affirmed.
Court: Oregon Court of Appeals, Judge: Hellman, Filed On: April 17, 2024, Case #: A179842, Categories: Family Law
J. Larimer allows a detainee to continue claims contending correction officers assaulted him for complaining that one of them sexually assaulted his girlfriend when she visited him at the facility, as the detainee's expert report had been timely disclosed more than 90 days before trial. Meanwhile, eyewitness testimony supports the allegation that officers participated in the assault, and evidence indicates the officers had been aware of the detainee's complaint at the time.
Court: USDC Western District of New York, Judge: Larimer , Filed On: April 17, 2024, Case #: 6:19cv6189, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Experts
J. Laing finds a lower court properly ruled in favor of the British Medical Association on the Secretary of State for Health and Social Care's application for judicial review concerning a pension scheme. The secretary of State argued that new employees were entitled to updated pension scheme plans. However, the British Medical Association sufficiently showed in court that the updated pensions discriminated against older workers. Affirmed.
Court: Her Majesty's Court of Appeal, Judge: Laing, Filed On: April 17, 2024, Case #: CA-2023-756, Categories: Employment, Pensions, Employment Discrimination
J. St. Eve finds that the lower court properly found for the county in a family's suit following a man's suicide in jail. The deceased gave jail staff no indication that he was a threat to himself. The staff's delay in waiting for 20 minutes to tell the man to take down a bedsheet obscuring the view of his bed was not unreasonable given that many inmates put sheets up just for privacy and the jail had never had a suicide before. Affirmed.
Court: 7th Circuit, Judge: St. Eve, Filed On: April 17, 2024, Case #: 23-2141, Categories: Civil Rights, Wrongful Death
J. Peterson finds that the lower court properly granted the state's three petitions to deny defendant pretrial release on multiple drug charges. The record shows that defendant was charged with new criminal offenses while on probation for other charges, indicating he was at high risk of reoffending. Affirmed.
Court: Illinois Appellate Court, Judge: Peterson, Filed On: April 17, 2024, Case #: 230782, Categories: Drug Offender, Bail