124 results for 'filedAt:"2024-04-23"'.
J. Oliver grants the hydration patch manufacturer's motion for summary judgment, ruling the patch developer's contract and fraud claims fail because it never made a purchase order under the parties' supply agreement that would have required the manufacturer to produce the patches, while the manufacturer also never signed the agreement, which renders it void.
Court: USDC Connecticut, Judge: Oliver, Filed On: April 23, 2024, Case #: 3:22cv618, NOS: Other Contract - Contract, Categories: Evidence, Contract
J. Combs finds the district court properly terminated the mother and father's parental rights. The medical examiner testified the 15-year-old daughter reported abuse that had occurred for a number of years, which led to an examination confirming the abuse and the doctor's contacting police. Multiple witnesses with law enforcement and protective services testified to the mother and father's dismissive behavior and unwillingness to take part in a safety plan. The mother lacks standing to challenge the constitutionality of the Indian Child Welfare Act and the trial court did not violate her right to equal protection by failing to apply the Act's heightened burden of proof. Affirmed.
Court: Oklahoma Supreme Court, Judge: Combs , Filed On: April 23, 2024, Case #: 120910, Categories: Family Law, Native Americans, Guardianship
J. Wood rules in favor of the city, police colonel and police chief in a malicious prosecution action brought by the individual arising from his arrest for swinging a bottle towards the colonel. The assault, terroristic threats and disorderly conduct charges against the individual were eventually dismissed. The colonel and the police chief are entitled to qualified and official immunity. The colonel had probable cause to arrest the individual and the police chief cannot be held liable under supervisory liability. There is no evidence that either the colonel or police chief acted with actual malice or an actual intent to harm the individual.
Court: USDC Southern District of Georgia, Judge: Wood, Filed On: April 23, 2024, Case #: 5:22cv63, NOS: Other Civil Rights - Civil Rights, Categories: Malicious Prosecution
J. Donovan answers a certified legal question concerning common law and contracts. The court concludes “that the common law contract defenses of impossibility, impracticability, and frustration of commercial purpose are so fundamentally related to contract formation and purpose that they remain viable unless expressly waived. Accordingly, a force majeure clause that protects only one party to a contract should not be deemed, in and of itself, a relinquishment of the other party’s right to interpose those common law defenses.” Remanded.
Court: New Hampshire Supreme Court, Judge: Donovan, Filed On: April 23, 2024, Case #: 2023-0018, Categories: Commerce, Contract
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[Consolidated.] J. Collins finds that the trial court should have granted all the special anti-SLAPP motions to strike claims that the idea for the television series "Mixed-ish" was stolen. The making of a television series is protected activity, which satisfied the first element of the anti-SLAPP analysis. And the second element was satisfied by the challenger's failure to demonstrate a probability of success on her contract, breach of confidence, interference and misrepresentation claims. The challenger's work showed similarity to "Mixed-ish," but key elements in "Mixed-ish" appeared in the producers' own previous show, "Black-ish," while the "general theme, tone, characters, relationships, settings, and plots demonstrate that the two series are not substantially similar." Reversed in part.
Court: California Courts Of Appeal, Judge: Collins, Filed On: April 23, 2024, Case #: B316971, Categories: Anti-slapp, Contract
J. Zainey denies a request by Walmart to dismiss as time-barred an overnight stocker’s malicious prosecution and defamation suit. She argues the clock on her claims did not begin running until after a city prosecutor dismissed Walmart’s theft claims. The store had her arrested for twice purchasing multiple packages of newly marked-down meat after her shift ended. In neither instance did she alter the pricing labels, and she paid full price for the meat. Walmart may raise its prescription argument later.
Court: USDC Eastern District of Louisiana , Judge: Zainey, Filed On: April 23, 2024, Case #: 2:23cv6441, NOS: Other Personal Injury - Torts - Personal Injury, Categories: Employment, Defamation
J. Christopher finds that the trial court improperly sided with city officials in a dispute with taxpayers over the alleged underfunding of a drainage and street renewal fund. The officials "acted ultra vires by not making the proper allocations." Reversed.
Court: Texas Courts of Appeals, Judge: Christopher, Filed On: April 23, 2024, Case #: 14-23-00550-CV, Categories: Government, Tax
J. Christopher finds that defendant was properly convicted of aggravated sexual assault of a child. There was no error in allowing the detective to testify as an outcry witness since the victim was seventeen at the time of her outcry and thus "qualified as a child declarant under the outcry statute." Affirmed.
Court: Texas Courts of Appeals, Judge: Christopher, Filed On: April 23, 2024, Case #: 14-23-00209-CR, Categories: Sex Offender, Witnesses
J. Wilkin finds that the trial court properly admitted testimony about the juvenile court's findings of sexual abuse by defendant. The state's witness explained the difference between those findings and the underlying trial, while the court also emphasized in its jury instructions the jury alone would determine defendant's guilt. Meanwhile, the trial court erroneously imposed a prison sentence and community control sanction because Ohio law allows for only one of the punishments; therefore, the case will be remanded for the sole purpose of allowing the court to vacate its no-contact order. Affirmed in part.
Court: Ohio Court Of Appeals, Judge: Wilkin, Filed On: April 23, 2024, Case #: 2024-Ohio-1616, Categories: Jury, Sentencing, Sex Offender
J. Navarro-McKelvey dismisses the department's appeal of the lower court's decision to apply a multiplier to the award of attorneys' fees to the employee who prevailed in a sexual harassment suit. The department failed to show that the issue of waiver of sovereign immunity for attorneys' fees multipliers falls under the jurisdictional exception to the claim preservation requirements.
Court: Missouri Court Of Appeals, Judge: Navarro-McKelvey, Filed On: April 23, 2024, Case #: ED111748, Categories: Civil Rights, Immunity, Attorney Fees
J. Dowd finds that the lower court properly convicted defendant of rape of a 17-year-old victim, and sentenced him to seven years in prison. The court did not err by allowing the victim to testify she felt intimidated at her deposition after defendant impeached her with her deposition testimony. Further, the prosecutor was permitted to highlight the age difference between defendant and the victim during closing arguments. Affirmed.
Court: Missouri Court Of Appeals, Judge: Dowd, Filed On: April 23, 2024, Case #: ED111691, Categories: Evidence, Sex Offender, Child Victims
J. Dysart finds that defendant was properly convicted of second-degree murder. The evidence shows that the murder victim was defendant's former girlfriend's fiance' and that defendant was jealous of the relationship. Further, the girlfriend testified that defendant was angry at the time of the murder because she had stopped speaking to him. Also, the defendant was familiar with the residence where the shooting took place, took a cab to the area where the murder occurred, and would have known about the alleyway on the side of the house that would allow him access to the residence to avoid surveillance. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Dysart, Filed On: April 23, 2024, Case #: 2023-KA-0540, Categories: Evidence, Murder
[Consolidated.] J. Recketenwald finds the lower tax court properly granted summary judgment to Maui County in a challenge by timeshare managers who say the county unfairly taxed timeshare visitors by creating a tax classification separate from existing hotel taxes. The creation of a timeshare tax classification is constitutional because it acts as a real property tax and does not actually tax individual timeshare unit users. “The Time Share classification and its rate act as a tax on real property based on the assessed property value, whereas the (transient accommodation tax) is a tax assessed on individual visitors and the value of their stay.” Affirmed.
Court: Hawai'i Supreme Court, Judge: Recketenwald, Filed On: April 23, 2024, Case #: SCAP-22-587, Categories: Government, Property, Tax
J. Pfeiffer dismisses the trucking company's appeal from a judgment in favor of the of family in a wrongful death suit stemming from a car accident. Even though the default judgment erred in referencing both mother and father as parties to the judgment, the default judgment was enforceable as written. The company's appeal is mooted by its settlement with the mother during the pendency of this appeal.
Court: Missouri Court Of Appeals, Judge: Pfeiffer, Filed On: April 23, 2024, Case #: WD86465, Categories: Civil Procedure, Wrongful Death
J. Copenhaver grants the insurance carrier’s motion for summary judgment in the property management company's suit seeking declaratory judgment the carrier was obligated to defend it in a counterclaim Union Carbide filed against the company claiming it bore partial responsibility for damage to not only its property, but also the nearby Davis Creek Watershed from the run-off of toxic chemicals. Since the company has failed to not only prove the existence of a policy from 1987 through 2005, but also any of the policy's material terms, the carrier has no duty to defend or indemnify it.
Court: USDC Southern District of West Virginia, Judge: Copenhaver , Filed On: April 23, 2024, Case #: 2:22cv135, NOS: Insurance - Contract, Categories: Insurance, Business Practices, Contract
J. Buth finds that the lower court improperly dismissed all the employees' ERISA claims against the company. To the extent the employees seek recovery for conduct taking place after November 2012, the claims are timely. Reversed in part.
Court: 7th Circuit, Judge: Wood, Filed On: April 23, 2024, Case #: 23-1073, Categories: Civil Procedure, Erisa
J. Cabranes finds that the district court properly held that defendant's three-year term of supervised release for firearms possession began when imprisonment ended, not upon release from federal custody. Defendant had been transferred to New York custody on state charges of attempted murder, the conviction of which was vacated based on procedural error, and he was eventually freed when charges were dismissed on retrial. Defendant sought release from probation after spending four years in pretrial detention, but precedent holds that "imprisonment" ends when federal supervised release begins. Affirmed.
Court: 2nd Circuit, Judge: Cabranes, Filed On: April 23, 2024, Case #: 23-6394-cr, Categories: Probation, Sentencing
J. Birss finds a lower court properly dismissed a sports media company's patent claims against a sports marketing and advertising group. The sports media company argued that the sports marketing company copied its digital billboard electronic superimposition platform. However, the sports marketing company sufficiently showed in court that sporting events LED display boards method of digitally overlaying moving images with other images is obvious. Affirmed.
Court: Her Majesty's Court of Appeal, Judge: Birss, Filed On: April 23, 2024, Case #: CA-2023-786, Categories: Patent
J. Kugler dismisses counterclaims seeking a temporary restraining order to force Shark Tank contestants to take down social media posts because the contestants did not violate any part of a 2019 settlement, and the court already held that the parties had not invoked their audit rights under the settlement.
Court: USDC New Jersey, Judge: Kugler , Filed On: April 23, 2024, Case #: 1:23cv2967, NOS: Other Contract - Contract, Categories: Settlements, Contract
J. Walker grants a health insurance company’s motion to dismiss a lawsuit brought against it by a hospital trying to have the insurance company cover healthcare services it provided to one of its insured. The hospital did not exhaust the administrative process in trying to get the insurance company to cover the cost of services it provided.
Court: USDC Maine, Judge: Walker, Filed On: April 23, 2024, Case #: 2:23cv258, NOS: Other Contract - Contract, Categories: Health Care, Insurance, Contract
J. Carlyle finds that the lower court properly granted summary judgment to the appellee in this dispute involving the validity of the parties' partition agreement. The appellant failed to address "each ground upon which the judgment could have been based." Affirmed.
Court: Texas Courts of Appeals, Judge: Carlyle, Filed On: April 23, 2024, Case #: 05-23-00844-CV, Categories: Family Law, Contract
J. Walker upholds the tax court's finding for the IRS on a Swiss couple's challenge to $500,000 in penalties assessed after they had voluntarily amended their tax returns to include millions in a Swiss bank account they had not previously disclosed. Contrary to the couple's argument, the corrected returns do not protect them from penalties and the assessments were not untimely. Affirmed.
Court: DC Circuit, Judge: Walker, Filed On: April 23, 2024, Case #: 22-1308 , Categories: Administrative Law, Tax
J. Randolph finds the lower court improperly found for a union on its claim the Federal Labor Relations Authority's decision to vacate certain arbitration awards in a government pay scale-related dispute was ultra vires. The lower court lacked jurisdiction and, upon remand, must dismiss the complaint. Vacated.
Court: DC Circuit, Judge: Randolph, Filed On: April 23, 2024, Case #: 22-5308, Categories: Jurisdiction, Labor / Unions