178 results for 'filedAt:"2024-04-24"'.
J. Smith finds that the trial court properly and improperly ruled in a breach of fiduciary duty case filed by the co-owner of a corporation against an attorney who represented the corporation in litigation. The co-owners alleged in their complaint that the attorney failed to inform the corporation's board of directors of a possible conflict of interest and aided another owner of the corporation in starting a competing firm. Nothing in the evidence establishes a relationship between the co-owner and the attorney. However, remaining questions on the award of attorney fees in this litigation still exist and should be adjudicated. Affirmed in part.
Court: Texas Courts of Appeals, Judge: Smith, Filed On: April 24, 2024, Case #: 03-22-00234-CV, Categories: Corporations, Fiduciary Duty, Attorney Fees
J. Baker finds that the trial court improperly ruled against an interior design firm that a design communications company sued for breach of a promissory note. The design firm argues that genuine fact issues remain on their counterclaims, specifically, an affidavit purporting to challenge the notion that there was a joint venture between the entities, entitling the communications company to a promissory note from the design firm. The trial court did indeed err in excluding the affidavit. Furthermore, the company is not entitled to summary judgment on the firm's breach of fiduciary duty claims while these fact issues exist. Reversed.
Court: Texas Courts of Appeals, Judge: Baker, Filed On: April 24, 2024, Case #: 03-22-00451-CV, Categories: Corporations, Evidence, Fiduciary Duty
J. Wilson finds that defendant was properly convicted and sentenced to life without parole for the murder of a 17-year-old in a drive-by shooting after the teenager allegedly shorted a purchase of Xanax by a group of defendant's friends. Defendant asserts that the state did not prove his guilt beyond a reasonable doubt regarding his specific intent, but the state presented witnesses that placed defendant and his friends in the drive-by shooting, and his testimony shows he felt provoked to kill or help to kill the teenager in retaliation for the failed drug buy. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Wilson, Filed On: April 24, 2024, Case #: KA-23-414, Categories: Evidence, Intent, Murder
J. Erickson finds a lower court properly dismissed a case manager and a corrections employee's motion for qualified immunity concerning an inmate's Eighth Amendment claims. The case manager and the corrections employee argued that they did not act with deliberate indifference when they deprived him from obtaining toothpaste. However, the inmate sufficiently showed in court that he used his money from an inmate account to buy toothpaste, and suffered tooth decay as a result of not receiving it. Affirmed.
Court: 8th Circuit, Judge: Erickson, Filed On: April 24, 2024, Case #: 22-3617, Categories: Civil Rights, Constitution, Immunity
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J. McKeown grants the National Labor Relations Board’s application for enforcement of its order directing Starbucks in Seattle to cease and desist from failing and refusing to recognize and bargain with a union. The Board held that by refusing to recognize and bargain with the union, Starbucks engaged in unfair labor practices. Starbucks refused to recognize and bargain with the union, claiming that the regional director should have ordered an in-person election instead of a mail-in vote. The Board correctly applied its own law in determining that the regional director appropriately exercised its discretion to hold a mail-ballot election. The certification of the union’s representative was proper, and the Board correctly found that Starbucks committed a violation by refusing to bargain.
Court: 9th Circuit, Judge: McKeown, Filed On: April 24, 2024, Case #: 22-1969, Categories: Employment, Labor / Unions
J. Moeller finds that the district court properly held that a Department of Water Resources enforcement action was not barred by a two-year limitations period. The period began to run when the department's director became aware that a landowner had not completed the streambank restoration required by a consent order. The landowner was involved in ongoing negotiations with the department over his compliance, so the director would have first known he did not plan to comply when he sought declaratory relief. Affirmed.
Court: Idaho Supreme Court, Judge: Moeller, Filed On: April 24, 2024, Case #: 50273, Categories: Environment, Water
J. Ahlers finds that defendant was properly convicted of sexually abusing his coworker after he refused to leave her house and repeatedly assaulted her. The double jeopardy claim fails because the coworker's comments that led to the initial mistrial had been unintentional and had not been induced by the prosecution. Affirmed.
Court: Iowa Court Of Appeals, Judge: Ahlers, Filed On: April 24, 2024, Case #: 23-0087, Categories: Sex Offender, Double Jeopardy
J. Bower finds that defendant was properly denied relief from her conviction of neglect or abandonment of a dependent person, possession of marijuana, and child endangerment, after drugs were found in her home and one child tested positive for methamphetamine, as defendant did not attempt to demonstrate she would have avoided pleaded guilty had counsel approached her defense in a different manner. Affirmed.
Court: Iowa Court Of Appeals, Judge: Bower, Filed On: April 24, 2024, Case #: 22-1793, Categories: Drug Offender, Ineffective Assistance, Child Victims
J. Axon denies, in part, the government and its entities motion to dismiss tort allegations after a recreation specialist employed by the Bureau of Prisons caused the decedent’s death in a vehicle collision. The United States raises a jurisdictional question that is intertwined with a merits question of the estate’s claim; the Federal Prisons, Department of Justice, and National Institute of Corrections are dismissed from this case for lack of subject matter jurisdiction. The court granted the estate’s motion for deferral ruling until discovery is complete and to determine if the specialist was acting in her scope of work. The stay is lifted, and the remaining parties must meet and confer the filing of a Rule 26 report. Therefore, the court finds the government’s motion for summary judgment to be moot and has granted the estate’s motion for further discovery before ruling on the United States motion to dismiss.
Court: USDC Northern District of Alabama , Judge: Axon, Filed On: April 24, 2024, Case #: 7:23cv1201, NOS: Other Personal Injury - Torts - Personal Injury, Categories: Tort, Wrongful Death, Discovery
J. Danilson finds that defendant was properly convicted of robbery and burglary because evidence indicates he stole drugs and money from a man during a drug deal that resulted in another man dying from a gunshot wound. Affirmed.
Court: Iowa Court Of Appeals, Judge: Danilson, Filed On: April 24, 2024, Case #: 22-1666, Categories: Burglary, Robbery
J. Bower finds that defendant was properly convicted of domestic abuse assault, third offense, because a witness statement indicating the witness was employed as a parole officer did not constitute the introduction of prior bad acts or affect the outcome of the trial. Affirmed.
Court: Iowa Court Of Appeals, Judge: Bower, Filed On: April 24, 2024, Case #: 22-0861, Categories: Evidence, Domestic Violence
J. Greer finds that the parties' parental rights were properly terminated in light of credible sexual abuse allegations brought against the father and the filthy conditions of the home. Affirmed.
Court: Iowa Court Of Appeals, Judge: Greer, Filed On: April 24, 2024, Case #: 23-1916, Categories: Family Law
J. Badding finds that a mother's parental rights were properly terminated since she had her child in the car when she led police officers on a high-speed chase while she was intoxicated, and she failed to respond to substance abuse treatment. Affirmed.
Court: Iowa Court Of Appeals, Judge: Badding, Filed On: April 24, 2024, Case #: 24-0287, Categories: Family Law
J. Van Cleef uphold the trial court’s judgment of a life sentence for aggravated sexual assault and family violence “occlusion,” which requires enhanced penalties under Texas law for choking the victim, a mother of three young children. The trial court properly allowed the victim to testify about the defendant’s prior conviction and allowed a state witness to testify about the victim’s truthfulness. Furthermore, the conviction is supported by sufficient evidence, including the victim's detailed testimony that defendant would force her to brush his teeth and bathe him after he raped and sodomized. Affirmed.
Court: Texas Court of Criminal Appeals, Judge: Van Cleef, Filed On: April 24, 2024, Case #: 06-23-00128-CR , Categories: Evidence, Ineffective Assistance, Sex Offender
J. Danilson finds that probation imposed upon defendant's guilty plea to intimidation with a dangerous weapon was properly revoked after she tested positive for methamphetamine and failed to complete drug testing necessary to maintain deferred judgment. Affirmed.
Court: Iowa Court Of Appeals, Judge: Danilson, Filed On: April 24, 2024, Case #: 22-1674, Categories: Drug Offender, Probation
J. Sannes preserves claims for failure to intervene against two Syracuse police officers stemming from the alleged used of excessive force during the arrest of two local residents, finding material disputes remain as to whether either officer had the opportunity to intervene during the incident. The court however enters judgment in favor of one of the officers on failure to intervene and excessive force claims for actions that took place while transporting the litigants in an ambulance to a local hospital following the arrest, finding he was not involved in any use of force during that time.
Court: USDC Northern District of New York, Judge: Sannes, Filed On: April 24, 2024, Case #: 5:19cv995, NOS: Other Civil Rights - Civil Rights, Categories: Energy, Tort, Police Misconduct
J. Merchant dismisses a Middle Eastern employee’s retaliation claims against a Brooklyn health care provider, finding that filing complaint she made against her supervisor, for forcing her to work near an employee who tested positive for Covid-19, is not protected activity for purposes of a retaliation claim. The court however preserves her discrimination claims, finding she provides enough detail to allege she faced differential treatment because of her national origin.
Court: USDC Eastern District of New York, Judge: Merchant, Filed On: April 24, 2024, Case #: 1:23cv3313, NOS: Employment - Civil Rights, Categories: Covid-19, Employment Discrimination, Employment Retaliation
J. Riley finds that the trial court properly held defendant in contempt and ordered her to serve 90 days in jail for lying three times in court about the existence and death of a child who did not exist, as the lies made it impossible for child services to determine if the child was real. Affirmed.
Court: Indiana Court Of Appeals, Judge: Riley, Filed On: April 24, 2024, Case #: 23A-JM-2671, Categories: Contempt, Family Law
J. Segal finds that the trial court should have granted an employer's motion to vacate a renewal of judgment for interest on an attorney fee award. Following a reversal that added to a previous attorney fee award in favor of an employee, the employee's attorneys sought interest from the time of the original trial court denial of fees. But because the appellate decision was not a modification, the interest on the fee award began to accrue when the appeals court reversed. Reversed.
Court: California Courts Of Appeal, Judge: Segal, Filed On: April 24, 2024, Case #: B327821, Categories: Civil Procedure, Employment, Attorney Fees
J. Suttell finds that the trial court properly dismissed claims in which developers allege substantive due process and RICO violations, tortious interference with a contract and prospective business advantages, and civil liability for crimes, because the claims were barred by the three-year statute of limitations. Affirmed.
Court: Rhode Island Supreme Court, Judge: Suttell, Filed On: April 24, 2024, Case #: 23-67, Categories: Due Process, Business Expectancy, Racketeering
J. Jones denies the father's petition seeking the return of his child to Mexico under the Convention on the Civil Aspects of International Child Abduction. Although the family "see-sawed" between Mexico and the United States since the child's birth, the majority of the child’s school and medical connections are in Washington, and the father looked at various houses to purchase in the United States. Because the child's habitual residence is the United States, the father's petition is denied.
Court: USDC Western District of Washington, Judge: Jones, Filed On: April 24, 2024, Case #: 2:23cv1655, NOS: Other Statutory Actions - Other Suits, Categories: Family Law, International Law