177 results for 'filedAt:"2024-04-25"'.
J. Poissant finds that the trial court improperly granted a plea to the jurisdiction in an actress' defamation suit against a university academic counselor after a disagreement between them and subsequent criminal trespass complaint against the actress. The counselor's claim of having "absolute privilege" will not be considered when determining subject matter jurisdiction in this case. Reversed.
Court: Texas Courts of Appeals, Judge: Poissant, Filed On: April 25, 2024, Case #: 14-22-00877-CV, Categories: Defamation, Jurisdiction
J. Dick grants a request by the state to dismiss as moot a voting rights suit by black litigants that preceded legislative enactment of a new congressional map containing two first-ever majority-black districts. The litigants do not oppose the new congressional map but argue their case is not moot due to pending legislation in the Western District of Louisiana. State officials have sufficiently shown the earlier redistricting conduct challenged by litigants will not recur with the state’s voluntary enactment of a new congressional map with two black-majority districts.
Court: USDC Middle District of Louisiana, Judge: Dick, Filed On: April 25, 2024, Case #: 3:22cv211, NOS: Voting - Civil Rights, Categories: Civil Rights, Constitution, Government
J. Lum finds the trial court erroneously dismissed defendant's menacing charge. Although he was incarcerated in Louisiana at the time of his preliminary hearing, he was not in custody on the Colorado menacing charge, but only had a warrant out for his arrest, which did not entitle him to a hearing. Therefore, the charge will be reinstated and the case remanded. Reversed.
Court: Colorado Court Of Appeals, Judge: Lum, Filed On: April 25, 2024, Case #: 2024COA43, Categories: Criminal Procedure, Menacing
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J. Lum finds the lower court erroneously dismissed excessive force claims filed by a suspect shot with specialty impact munitions and a rifle. The suspect was not required to prove the police officer acted with "malice" or that his actions "shocked the conscience;" rather, the standard governing excessive force claims requires only that the force used was objectively unreasonable and started a series of events that led to other officers using excessive force. The officer who fired the nonlethal round without any warning knew the officer with the rifle mistakenly believed the suspect had a gun and knew the nonlethal round would sound like a gunshot; therefore, his actions could be considered excessive and the case will be remanded for the proper analysis. Reversed.
Court: Colorado Court Of Appeals, Judge: Lum, Filed On: April 25, 2024, Case #: 2024COA42, Categories: Civil Procedure, Civil Rights, Evidence
J. Gomez finds that language in the settlement agreement between the decedent and his former girlfriend did not waive the girlfriend's interest in the funds of a "payable on death" bank account for which she was the named beneficiary. The agreement waived her rights only to bring claims regarding "past financial dealings," while her interest in the account stems only from her being named the beneficiary. Therefore, because the decedent did not remove the former girlfriend as beneficiary, she - not the estate - is entitled to the funds. Reversed.
Court: Colorado Court Of Appeals, Judge: Gomez, Filed On: April 25, 2024, Case #: 2024COA44, Categories: Civil Procedure, Settlements, Wills / Probate
J. Morrison grants the health care provider's motion to dismiss, ruling the orthopedic surgeons fail to establish anti-trust standing. There are at least four other hospitals or employment opportunities in the same area as the health care provider, while the surgeons also established their own surgical facility after they left their positions with the provider, all of which proves the provider does not have a monopoly on the relevant area.
Court: USDC Southern District of Ohio, Judge: Morrison, Filed On: April 25, 2024, Case #: 2:23cv2145, NOS: Antitrust - Other Suits, Categories: Antitrust, Employment, Health Care
J. Graham grants, in part, the cell tower operator's motion for summary judgment, ruling the property owner's placement of a padlock on the gate to bar access to the cell tower is undoubtedly a breach of the parties' lease agreement, while the potential loss of cell service or subscribers is sufficient to prove damages. Therefore, the tower operator is entitled to an injunction to require the property owner to remove the padlock and allow unfettered access to the tower.
Court: USDC Southern District of Ohio, Judge: Graham, Filed On: April 25, 2024, Case #: 2:23cv764, NOS: Other Contract - Contract, Categories: Property, Contract, Injunction
J. Peterson considered multiple claims for relief asserted by a Michigan attorney surrounding his involvement in an immigrant investment program; only one survives. The court finds his claims of fraud and breach of contract lack specificity and are time-barred, respectively, but his complaint of alleged conversion is supported. The court grants him additional time to amend the conversion claim.
Court: USDC Western District of Wisconsin, Judge: Peterson, Filed On: April 25, 2024, Case #: 23cv511, NOS: Other Fraud - Torts - Personal Property, Categories: Fraud, Conversion, Contract
J. Bailey finds that the lower court properly denied the appellant's motion to recuse the judge based on an allegation of partiality in this eviction proceeding. The judge dismissed the appellant's counterclaim petition "the day after it was filed." It may have been improper to rule on the dismissal motion "without notice or hearing," but the ruling was "not a result of prejudice." Affirmed.
Court: Texas Courts of Appeals, Judge: Bailey, Filed On: April 25, 2024, Case #: 11-22-00127-CV, Categories: Civil Procedure, Real Estate
J. Mortensen finds that the trial court properly rejected claims for access to a road across a ranch property and quieted title in favor of the ranch. The road was not public under the dedication statute since only a small subset of the public ever had access, and they actively tried to prevent other members of the public from using it. And no convincing evidence showed a historical public use. A prescriptive easement argument also failed because the adverse mental state was belied by requests for keys and permission to access the road. Affirmed.
Court: Utah Court Of Appeals, Judge: Mortensen, Filed On: April 25, 2024, Case #: 20220432-CA, Categories: Property
J. Luthy finds that the trial court properly imposed probation conditions on defendant for sex offenses he committed as a minor. He argued that since statute does not require sex offender registration for defendants whose offenses were committed as minors, it was error to impose the same restrictions on him as conditions of probation. But statute does not bar the imposition of sex offender conditions during the limited period of probation. However, the requirement to provide a DNA specimen was error since it is an express component of the requirement to register as a sex offender. Reversed in part.
Court: Utah Court Of Appeals, Judge: Luthy, Filed On: April 25, 2024, Case #: 20230194-CA, Categories: Dna, Probation, Sex Offender
J. Cummings partially grants an auto body shop’s motion for summary judgment on a former employee’s discrimination claims. The former employee claims she faced discrimination at work on the basis of her pregnancy, and was eventually fired. The court finds the former employee has abandoned her hostile work environment claim, as she did not respond to the auto shop’s argument against it, but allows the rest of her allegations to go forward.
Court: USDC Northern District of Illinois, Judge: Cummings, Filed On: April 25, 2024, Case #: 1:21cv2524, NOS: Other Civil Rights - Civil Rights, Categories: Employment, Vehicle, Employment Discrimination
J. Tijerina finds that the lower court properly ruled in favor of the city in this breach of contract case arising from an agreement to perform certain road improvements. On appeal, the construction companies contend that the evidence is insufficient to establish their breach of the contract. But the evidence showed a "failure to adhere to the progress schedule." Affirmed.
Court: Texas Courts of Appeals, Judge: Tijerina, Filed On: April 25, 2024, Case #: 13-22-00416-CV, Categories: Evidence, Damages, Contract
J. Silva finds that the lower court properly terminated the parental rights of the mother to her two children. Contrary to the mother's arguments on appeal, the evidence sufficiently supports the statutory grounds for termination and the lower court's best interest finding. There was evidence of drug use by the mother while she was pregnant. There was also evidence that she failed to complete her service plan and testimony that the children's current foster placement is with a "loving home." Affirmed.
Court: Texas Courts of Appeals, Judge: Silva, Filed On: April 25, 2024, Case #: 13-23-00591-CV, Categories: Evidence, Family Law
J. Horan finds that a case in which an insured’s stated recovery is $250,000 or less, which does not conclusively place the damages above the limit for diversity jurisdiction of $75,000, can qualify for diversity jurisdiction if the insurance company that originally requested removal provides evidence that the damages sought by the insured are likely to exceed $75,000. The insurance company is granted leave to amend its notice of removal to further support qualification for diversity jurisdiction.
Court: USDC Northern District of Texas , Judge: Horan, Filed On: April 25, 2024, Case #: 3:24cv130, NOS: Motor Vehicle - Torts - Personal Injury, Categories: Civil Procedure, Jurisdiction
J. Hanen finds that evidence does not support an employee’s claims that his prior employer retaliated against him by investigating his conduct after he made complaints about discrimination. There is evidence that the employer initiated the investigation into personal expenditures charged by the employee to the company credit card before the employee made complaints of discrimination so the investigation could not have arisen as a retaliatory action. The employer’s request for summary judgment is granted.
Court: USDC Southern District of Texas, Judge: Hanen, Filed On: April 25, 2024, Case #: 4:22cv3454, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Employment Discrimination
J. Powers finds that the lower court properly classified defendant as a risk level two sex offender after adding "points" to his assessment for sex crimes committed against a stranger when he grabbed the victim's buttocks and masturbated in front of her at a bus stop. Without direct evidence that defendant knew the victim, the inference that they were not acquainted was reasonable. Affirmed.
Court: New York Appellate Divisions, Judge: Powers, Filed On: April 25, 2024, Case #: CV-23-1315, Categories: Evidence, Sentencing, Sex Offender
J. Lampkin finds that the lower court improperly granted the state's motion to detain defendant pending trial on charges of armed violence and possession of a controlled substance, followed by new charges of domestic violence committed while he was on bail. The state's petition was untimely, as it was not filed within 21 days of defendant's arrest. Reversed.
Court: Illinois Appellate Court, Judge: Lampkin, Filed On: April 25, 2024, Case #: 232351, Categories: Bail
J. Abele finds that while three eyewitnesses failed to mention defendant as one of the victim's two assailants when police initially interviewed them, their statements at trial, all of which indicated defendant had beaten the victim who later died of his injuries, were sufficient to convict him of assault. The jury was in the best position to determine their credibility and the testimony was bolstered by photos of defendant's swollen and injured hands. Affirmed.
Court: Ohio Court Of Appeals, Judge: Abele, Filed On: April 25, 2024, Case #: 2024-Ohio-1673, Categories: Evidence, Assault
J. Currault denies the request of a prevailing litigant to compel the remote deposition of former counsel in the case of a man accused of falsely representing his HIV status to induce unprotected sex, resulting in litigant’s infection with the incurable virus after a sexual encounter in 2019. The former counsel has intervened to assert a lien and any recovery the prevailing litigant may realize from a ruling of default judgment. The prevailing litigant’s recent voluntary relocation to Poland does not, on its own, constitute good cause to order remote depositions. Moreover, he has not argued that travel to New Orleans for the depositions would jeopardize his health or impose a financial burden.
Court: USDC Eastern District of Louisiana , Judge: Currault, Filed On: April 25, 2024, Case #: 2:21cv2242, NOS: Other Personal Injury - Torts - Personal Injury, Categories: Civil Procedure, Evidence, Discovery
J. Weiler finds for a company in tax liability claims for lack of evidence of civil fraud and because the partnership was entitled to a charitable contribution deduction for donating a conservation easement.
Court: U.S. Tax Court, Judge: Weiler, Filed On: April 25, 2024, Case #: 2024-52, Categories: Property, Tax
J. Garry finds that the workers' compensation board properly disallowed a benefits claim after determining a warehouse associate had not suffered a job-related occupational disease. The associate contends he performed repetitive motions in lifting, reaching, and squatting, but he offered insufficient medical evidence to establish a causal relationship between his injuries and a distinctive feature of the job. Affirmed.
Court: New York Appellate Divisions, Judge: Garry, Filed On: April 25, 2024, Case #: CV-23-0563, Categories: Workers' Compensation
J. Baker finds that the trial court improperly ruled in a dispute over a non-compete agreement by failing to consider the disservice that would be done to the public by enforcing the agreement on a doctor, which would deprive him from serving patients. The hospital does not possess other doctors practicing the same specialty, and thus the restrictive agreement does nothing but prevent the doctor from practicing in a specific area. Reversed.
Court: Indiana Court Of Appeals, Judge: Baker, Filed On: April 25, 2024, Case #: 23A-PL-2111, Categories: Employment, Contract
J. Schreier grants a motion for leave to proceed after an individual filed a pro se lawsuit under the False Claims Act. The action is sealed because the individual alleges it is a qui tam action, but the court wrote that it does not appear that the individual has served the government with a copy of his complaint and a written disclosure of substantially all material evidence. The matter stems from a dispute over car repairs at a shop in Worthington, Minnesota.
Court: USDC South Dakota, Judge: Schreier, Filed On: April 25, 2024, Case #: 4:23cv4189, NOS: Qui Tam (31 U.S.C. § 3729(a)) - Torts - Personal Property, Categories: Fraud, Vehicle