159 results for 'filedAt:"2024-04-18"'.
J. Ashe grants a request by Arkansas-based Walmart to dismiss a Florida resident's claim for punitive damages in a slip and fall action. Louisiana law prohibits the award of punitive damages unless they are expressly authorized by statute, and, in this case, that Walmart is a Louisiana domiciliary.
Court: USDC Eastern District of Louisiana , Judge: Ashe, Filed On: April 18, 2024, Case #: 2:23cv7230, NOS: Other Personal Injury - Torts - Personal Injury, Categories: Tort, Damages, Choice Of Law
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
[Amended.] J. Hagen modifies a previously published opinion to hold that the Aircraft Valuation Law's valuation method does unconstitutionally intrude on the county's assessment authority. A county failed to show that state taxing authorities unconstitutionally applied the statute in taxing aircraft owned by Delta Air Lines. The state used a unitary approach to determine the property value of the aircraft and the county did not present evidence that the method was inadequate or that it violated the fair market value provision of the state constitution. Affirmed.
Court: Utah Supreme Court, Judge: Hagen, Filed On: April 18, 2024, Case #: 20210938, Categories: Property, Tax
[Consolidated.] J. Garry finds that the lower court properly held both parties at fault concerning a usurious private loan that had been induced by fraud because evidence indicated the borrower had no intention of paying back the lender and that the lender fashioned a separate consulting agreement that pushed the loan's interest rate into usurious territory. The court did not abuse its discretion in ordering that the $200,000 loan be repaid but at a statutory interest rate of 9%. Affirmed.
Court: New York Appellate Divisions, Judge: Garry, Filed On: April 18, 2024, Case #: CV-22-2152, Categories: Fraud, Banking / Lending, Contract
J. Reynolds Fitzgerald finds that an opinion should be vacated in dismissing an appeal on grounds that plaintiff, a roofer, had not been aggrieved by the workers' compensation board's decision that apportionment did not apply to his claims, as substantial evidence supported the rejection of apportionment percentages as set by a physician who reviewed plaintiff's medical records. Affirmed.
Court: New York Appellate Divisions, Judge: Reynolds Fitzgerald, Filed On: April 18, 2024, Case #: 535730, Categories: Workers' Compensation
J. Peterson enters default judgment in favor of an employee. An employee alleges her employer fired her because she became pregnant and did not want to allow her to take medical leave. Because the the employer failed to appear or respond to the complaint, and because the employee has made plausible claims, the instant court finds in favor of the employee awarding her $150,176 in damages, as well as attorney fees and costs.
Court: USDC Western District of Wisconsin, Judge: Peterson, Filed On: April 18, 2024, Case #: 23cv442, NOS: Employment - Civil Rights, Categories: Employment, Damages, Employment Retaliation
J. Lagoa finds that the district court properly ruled in favor of the sheriff and deputy in a civil rights action brought by the widower arising after the deputy fatally shot his wife while responding to a 911 call about her suicide attempt. The district court correctly instructed the jury on excessive force and the Baker Act. The modified pattern instructions on excessive force were properly tailored to the scenario the deputy encountered, which did not involve a criminal arrest, and designed to avoid needlessly confusing the jury. Although the Baker Act instruction was incorrect, the error was not prejudicial. The evidence allowed the jury to find that the deputy was justified in determining that the wife could not decide for herself whether a voluntary examination was necessary. The intoxicated wife was holding a knife and told the deputy to shoot her. Affirmed.
Court: 11th Circuit, Judge: Lagoa, Filed On: April 18, 2024, Case #: 22-11106, Categories: Civil Rights, Jury, Police Misconduct
J. Kirsch finds that the lower court improperly upheld the Illinois Department of Corrections' policy prohibiting phone contact between a parent conviction of a sex offense and their minor child while the parent is on supervised release. The department may readily monitor calls as an alternative to an outright ban on phone contact, which denies parents the right to communicate with their children. Reversed in part.
Court: 7th Circuit, Judge: Kirsch, Filed On: April 18, 2024, Case #: 22-2791, Categories: Communications, Due Process, Prisoners' Rights
J. Currier finds that the trial court improperly allowed plaintiff to continue medical malpractice claims contending the patient suffered a deadly allergic reaction to medication because no basis existed for the judge to direct one of the physicians to certify that he prescribed allopurinol in his capacity as a gastroenterologist because that prescription was at the heart of the "care and treatment" at issue. Reversed.
Court: New Jersey Appellate Division, Judge: Currier , Filed On: April 18, 2024, Case #: A-3847-22, Categories: Medical Malpractice
J. Lee finds that the district court properly denied defendant's motion to suppress in a case in which defendant argued that a police officer violated the Fourth Amendment by asking about parole status during a traffic stop. Asking about parole status during a traffic stop does not offend the Fourth Amendment because the question reasonably relates to the officer’s safety. However, the matter is remanded in part so that the district court can correct the written judgment to conform it to the oral pronouncement of sentence. Affirmed in part.
Court: 9th Circuit, Judge: Lee, Filed On: April 18, 2024, Case #: 22-50045, Categories: Parole, Search, Sentencing
J. Wiley finds that the trial court erred in denying an employer's special motion to strike a former employee's malicious prosecution complaint. The employer cannot be sued for malicious proscution because the former employee faced criminal charges for property destruction only after police conducted their own investigation, fully independent of the employer's. Reversed.
Court: California Courts Of Appeal, Judge: Wiley, Filed On: April 18, 2024, Case #: B324368, Categories: Anti-slapp, Malicious Prosecution
J. Novak denies Mercedes' motion to dismiss breach of warranty claims. A consumer purchased a van that, despite seven visits to three agents of the manufacturer, still does not function properly. The manufacturer wrongly claims the van doesn't fall under the federal warranty law because it is a commercial vehicle, but the consumer uses it as his personal vehicle.
Court: USDC Eastern District of Virginia, Judge: Novak, Filed On: April 18, 2024, Case #: 3:23cv755, NOS: Other Contract - Contract, Categories: Vehicle, Warranty, Contract
J. Ballou denies the emergency response company's agency to dismiss claims for sexual orientation discrimination based on disparate treatment. The openly bi-sexual employee felt her boss and others harassed her for her sexual orientation. When she attempted to relocate to a new city and begin work at a new emergency response agency, her boss provided negative reviews, calling her an odd duck and saying she makes terrible life choices concerning her sexuality.
Court: USDC Western District of Virginia, Judge: Ballou, Filed On: April 18, 2024, Case #: 3:23cv42, Categories: Employment, Employment Discrimination, Employment Retaliation
J. Gregory finds the lower court improperly denied the defendant's appeal for compassionate release without fully considering each of his arguments. The defendant, serving a 210-month prison sentence for conspiracy to possess with intent to distribute heroin, petitioned the court for compassionate release on the grounds that there has been a change in the law regarding his career offender status. Virginia robbery no longer constitutes a violent felony under the Armed Career Criminal Act, invalidating his career offender guidelines designation. Vacated.
Court: 4th Circuit, Judge: Gregory , Filed On: April 18, 2024, Case #: 21-7325, Categories: Drug Offender, Robbery, Sentencing
J. Garrett finds the Energy Facility Siting Council properly granted a site certificate allowing a company to construct a wind energy facility in Umatilla County. “Compliance with local land use regulations is one way for a facility to demonstrate compliance with statewide planning goals, but it is not the only way.” Affirmed.
Court: Oregon Supreme Court, Judge: Garrett, Filed On: April 18, 2024, Case #: S070517, Categories: Zoning
J. Hurd partially denies Hamilton College’s motion for summary judgment and preserves a male college student’s Title IX and breach of contract claims alleging the college’s decision to expel him on charges of sexual assault was motivated by anti-male bias. The court finds a jury could conclude the college exhibited gender bias due to several irregularities in his hearing, as well as external pressures from the U.S. Department of Education to aggressively pursue complaints of sexual misconduct.
Court: USDC Northern District of New York, Judge: Hurd, Filed On: April 18, 2024, Case #: 6:22cv214, NOS: Other Contract - Contract, Categories: Education
J. Halligan answers a certified question by finding that New York law allows personal jurisdiction to be extended when a successor entity entirely assumes a predecessor's assets and liabilities but the parties do not merge. Long-arm jurisdiction had been established over claims contending a foreign bank's U.S. transfers provided assistance to Hezbollah by financing terrorist rocket attacks that harmed U.S. citizens in Israel in 2006. Under the theory of successor jurisdiction, after another foreign bank purchased the assets and liabilities, it also took on the predecessor's specific personal jurisdiction in New York.
Court: New York Court Of Appeals, Judge: Halligan, Filed On: April 18, 2024, Case #: 29, Categories: Tort, Terrorism, Jurisdiction
Per curiam, the court of appeals finds that the appellate division properly dismissed slip and fall claims brought against the housing authority because the agency demonstrated it did not create the wet condition that caused the visitor to fall on the stairs and lacked constructive notice of such. Affirmed.
Court: New York Court Of Appeals, Judge: Per curiam, Filed On: April 18, 2024, Case #: 36, Categories: Tort
J. Yu finds that the lower court properly denied defendant's request for a new trial stemming from his child molestation conviction. Defendant claims that he is entitled to a new trial because his legal team did not propose a lesser included offense instruction for fourth-degree assault. Even if his counsel had requested the lesser instructions, they still would have been denied because there was no evidence on the record to support them. Affirmed.
Court: Washington Supreme Court, Judge: Yu, Filed On: April 18, 2024, Case #: 100953-4, Categories: Assault, Child Victims, Jury Instructions
J. Johnson denies a request from the Spokane County prosecutor for an order directing the secretary of the Washington State Department of Social and Health Services to provide "competency services" in criminal proceedings. For such a request to work, the secretary would have to be a state officer under the law. Because he is not, he cannot be compelled to do so.
Court: Washington Supreme Court, Judge: Johnson, Filed On: April 18, 2024, Case #: 101520-8, Categories: Civil Procedure, Government
J. Eddins finds that proceedings initiated by a state agency are not sheltered by sovereign immunity, and grants attorney fees to groups defending a frivolous petition filed by the state them. The court deems frivolous the board’s petition, which claims that an environmental group winning a prior case that capped water diversions from a Maui river prevented water from being used to battle the Lahaina wildfires. “It seems that the BLNR tried to leverage the most horrific event in state history to advance its interests.” Despite many sources, including Maui county itself, establishing that water availability from the river had nothing to do with containing the fires, the board refused to withdraw its petition and forced the environmental group to participate in further proceedings. Sovereign immunity is waived when state agencies initiate original actions, therefore the board is subject to the environmental group’s attorney fees.
Court: Hawai'i Supreme Court, Judge: Eddins, Filed On: April 18, 2024, Case #: SCPW-23-471, Categories: Environment, Government, Attorney Fees
Per curiam, the appellate division finds that the lower court improperly denied the rear-ended driver's motion for summary judgment on the issue of liability. A rear-end collision with a stopped vehicle presents a presumption that the driver of the rear vehicle was negligent and the defendant bus driver presented no evidence to show the stopped driver was culpable for the accident. Reversed.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: April 18, 2024, Case #: 02103, Categories: Vehicle
J. Lanza grants a greenhouse climate control manufacture's motion to leave to cure deficiencies concerning patent infringement claims against a greenhouse construction company. The greenhouse climate control manufacturer sufficiently showed in court that it is entitled to leave to file a third amendment complaint against the greenhouse constructor in order to gain specific details about its alleged acts of infringement.
Court: USDC Arizona, Judge: Lanza, Filed On: April 18, 2024, Case #: 3:22cv8122, NOS: Patent - Property Rights, Categories: Construction, Patent
J. Campbell grants in part the Tennessee NAACP's motion for summary judgment as to certain counts in this lawsuit concerning the state's voter registration forms and its processing of those forms, particularly as it relates to individuals convicted of a felony. The court concludes that the forms at issue fail to comply with the National Voter Registration Act requirement to inform "applicants of voter eligibility requirements." The court cannot establish the "level of specificity" required, however, based on the parties' insufficient briefing.
Court: USDC Middle District of Tennessee , Judge: Campbell, Filed On: April 18, 2024, Case #: 3:20cv1039, NOS: Voting - Civil Rights, Categories: Civil Rights, Elections
J. Carlyle finds that the lower court properly granted the parties a divorce and named the father as the child's sole managing conservator. The mother argues on appeal that the lower court abused its discretion in appointing the father as the child's managing conservator, but this is incorrect based on the lower court's finding that "Mother had a history of family violence, which is supported by the record." Affirmed.
Court: Texas Courts of Appeals, Judge: Carlyle, Filed On: April 18, 2024, Case #: 05-23-00309-CV, Categories: Evidence, Family Law