144 results for 'filedAt:"2024-04-26"'.
J. Edwards finds that the lower court improperly assessed costs against the prospective adoptive parents in this case involving their adoption petition and the biological mother's withdrawal of consent. The amount of the award is not supported by the record. The case is remanded for the lower court "to itemize the costs it assessed against the prospective adoptive parents and to permit them, if necessary, to challenge any particular costs." Reversed in part.
Court: Alabama Court of Civil Appeals, Judge: Edwards, Filed On: April 26, 2024, Case #: CL-2023-0572, Categories: Evidence, Family Law, Attorney Fees
J. Lewis finds that the lower court properly terminated the mother's parental rights to the child. The mother contends that the lower court erred by denying her attorney's oral motion for a continuance. However, she failed to preserve her due process argument for appellate review. Additionally, the ruling was not an abuse of discretion. Affirmed.
Court: Alabama Court of Civil Appeals, Judge: Lewis, Filed On: April 26, 2024, Case #: CL-2023-0765, Categories: Civil Procedure, Family Law
J. Males finds a lower court properly dismissed a married couple's contract claims against a cruise company. The married couple argued that they are entitled to a refund after the cruise operators switched routes from Northwest passage of Canada to the west coast of Greenland, claiming that the "experience was hell." However, the cruise company sufficiently showed in court that the couple did not cancel plans when the route was modified. Affirmed.
Court: Her Majesty's Court of Appeal, Judge: Males, Filed On: April 26, 2024, Case #: CA-2023-623, Categories: Damages, Contract
J. Luckert finds a lower court properly dismissed a defendant's wrongful conviction claims against the state. The defendant, who was sentenced to time served for the shooting death of another person, argued that he is entitled to compensation for a conviction and prison term for involuntary manslaughter. However, the state presented sufficient evidence in court that he is not entitled to monetary relief for his own conduct and conviction. Affirmed.
Court: Kansas Supreme Court, Judge: Luckert, Filed On: April 26, 2024, Case #: 126062, Categories: Firearms, Sentencing, Manslaughter
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Per curiam, the court of civil appeals grants the law firm's petition for a writ of mandamus, in which it challenges a nonparty subpoena requiring the firm to provide the password to a certain iCloud account. The court does not grant "the specific relief requested," but it directs the lower court to either quash or modify the subpoena "in accordance with this opinion." Without modification, the subpoena would provide access to confidential communications that are protected under the attorney-client privilege.
Court: Alabama Court of Civil Appeals, Judge: Per curiam, Filed On: April 26, 2024, Case #: CL-2023-0811, Categories: Civil Procedure, Discovery, Privilege
J. Gustafson finds that the trial court properly held that faculty and student organizations have constitutional and prudential standing to challenge the constitutionality of recent legislation regarding college students. The groups' roles in higher education are sufficient to support their argument that bills regulating student organizations and student speech will cause ongoing injury from discrimination and lack of recourse. A student organization showed it would be injured by a bill limiting the places where student organizations can register students to vote through "opt-out" fee assessments. And representative groups showed that the "Save Women’s Sports Act,” which would regulate the biological sex of student athletes, will cause injury by excluding transgender athletes from participation. The Act infringes on the Board of Regents’ authority under the Montana Constitution to determine the priorities of the Montana University System, and the state concedes that the other two bills are also unconstitutional. Affirmed.
Court: Montana Supreme Court, Judge: Gustafson, Filed On: April 26, 2024, Case #: DA 22-0586, Categories: Constitution, Elections
J. Simons finds that the trial court improperly ordered defendant to pay restitution after the end of her two-year mental health diversion period. Even though a mental health diversion does not end with a conviction, the trial court could have imposed restitution at the time it entered the diversion order and ordered its payment during diversion. Reversed.
Court: California Courts Of Appeal, Judge: Simons, Filed On: April 26, 2024, Case #: A166452, Categories: Restitution, Restraining Order
J. Millett upholds the district court's order quashing seven victims' writs of execution pertaining to their efforts to attach assets held by the World Bank to satisfy multi-million-dollar default judgments they received on their claims arising from terrorist attacks. The World Bank has statutory immunity under the International Organizations Immunities Act and Foreign Sovereign Immunities Act. Affirmed.
Court: DC Circuit, Judge: Millett, Filed On: April 26, 2024, Case #: 22-7134 , Categories: Terrorism, Immunity, Enforcement Of Judgments
J. Cogburn denies a hotel corporation’s partial motion to dismiss allegations of breach of contract brought by a class of guests. The guests claim they were placed on a “Do Not Rent” list after they complained about room conditions, but were not made aware of this fact. So, when they went to make reservations within the same hotel franchise again, they were allowed to make non-refundable payments in advance but then barred from staying in the rooms they’d paid for. The franchises refused refunds, saying they were invalid. The guests are correct that the corporation is responsible for its employees, including those of its franchises, so they may proceed.
Court: USDC Western District of North Carolina, Judge: Cogburn, Filed On: April 26, 2024, Case #: 3:22cv663, NOS: Other Contract - Contract, Categories: Corporations, Class Action, Contract
J. Cogburn grants the U.S. Postal Service’s motion to dismiss wrongful termination claims under Title VII brought by a former employee whom the service accused of theft. The employee denied the charge, but after an investigative interview, the service fired him. He was advised to sue the service federally within 90 days, but instead, he did so through state court 14 months later. Because he admitted the untimeliness of this, the service is granted dismissal.
Court: USDC Western District of North Carolina, Judge: Cogburn, Filed On: April 26, 2024, Case #: 3:23cv747, NOS: Employment - Civil Rights, Categories: Employment, Government, Employment Retaliation
J. Conrad grants the father of a child who was illegally taken from Peru to the U.S. his petition for return of the child. The mother, originally from Venezuela, fled to Peru to escape political oppression, then met the child’s father, who is from Peru. On a trip to visit relatives in the U.S., the mother refused to return to Peru and would not let the father take the child back to Peru either. The mother has not shown sufficient evidence proving a grave risk of harm to the child if they returned to Peru.
Court: USDC Western District of North Carolina, Judge: Conrad, Filed On: April 26, 2024, Case #: 3:24cv226, NOS: Other Statutory Actions - Other Suits, Categories: Family Law, International Law
J. Huddle finds that the court of appeals properly ruled to dismiss a lawsuit brought by the successors of a property owner whose property was foreclosed upon and the mineral rights were sold to the owner of an oil company. Because the foreclosure of the property occurred over 20 years ago, the statute of limitations on the successors' claim has already expired. Affirmed.
Court: Texas Supreme Court, Judge: Huddle, Filed On: April 26, 2024, Case #: 22-0913, Categories: Property, Public Record, Due Process
J. Kinsley finds the trial court erroneously denied defendant's motion to suppress statements made to police after he was pulled over. The arresting officer ordered defendant out of his vehicle, made several commands, accused him of several crimes, and questioned him for more than 44 minutes, all of which would have led defendant to believe he was in custody at the time of the questioning and required the officer to read him his Miranda rights. Additionally, the trial court erroneously admitted evidence of defendant's actions in Georgia before the victim was found dead in her home. The evidence was used only to establish intent - which was never challenged by defendant - and, therefore, it was "other acts" evidence that should have been excluded. Reversed.
Court: Ohio Court Of Appeals, Judge: Kinsley, Filed On: April 26, 2024, Case #: 2024-Ohio-1604, Categories: Evidence, Miranda, Murder
J. Suarez finds sufficient evidence supported the lower court's decision in favor of the business owner on her emotional distress claims against the neighbor who photographed and tracked her movements after he suspected she was running a transportation business without a license, including the owner's testimony the neighbor conducted surveillance for more than two years before he submitted a complaint to the city's zoning committee. Additionally, testimony the owner complained to police at least 15 times and her raising her middle finger towards the neighbor's cameras on several occasions alerted the neighbor it was likely his actions would cause emotional distress and satisfied all elements of the claims. Affirmed.
Court: Connecticut Court Of Appeals, Judge: Suarez, Filed On: April 26, 2024, Case #: AC45775, Categories: Evidence, Emotional Distress, Privacy
J. Lewis finds the trial court properly denied defendant's motion for acquittal on gross sexual imposition charges. The testimony from the victim, including that defendant asked her to touch his penis several times and was "happy" when she did it, proved his conduct was for the purpose of sexual gratification. However, the trial court erroneously denied defendant's motion to dismiss six counts of the indictment for a failure to bring the suit within the statute of limitations. The time limit for one of the victims began to run in 1993 after her first admission to police about defendant's conduct and expired several years before the state filed its initial indictment. Reversed in part.
Court: Ohio Court Of Appeals, Judge: Lewis, Filed On: April 26, 2024, Case #: 2024-Ohio-1612, Categories: Criminal Procedure, Sex Offender
J. Immergut grants the insurance company's motion to compel arbitration in the insured's lawsuit alleging that the insurance company wrongfully disagreed with the value of the insured's claim for the injuries she sustained while pregnant during an accident with an at-fault, underinsured motorist. The insured implicitly agreed to arbitration when her demand letter stated that she “demands, consents, offers and commits to arbitration," so no new consideration is required. The insured also limited her ability her recovery attorney fees when she instituted arbitration proceedings.
Court: USDC Oregon, Judge: Immergut, Filed On: April 26, 2024, Case #: 3:24cv25, NOS: Insurance - Contract, Categories: Arbitration, Insurance, Attorney Fees
J. Lin grants Amazon default judgment for its complaint that the sellers sold counterfeit products bearing the grill manufacturing company's trademark. Amazon and the grill manufacturing company will face prejudice without default judgment, because the sellers did not appear or participate in this litigation despite being personally served. Also, the grill manufacturing company presents a sufficient trademark case, because it alleges that it owns the "Weber" trademark that the sellers used without authorization.
Court: USDC Western District of Washington, Judge: Lin, Filed On: April 26, 2024, Case #: 2:21cv1512, NOS: Trademark - Property Rights, Categories: Trademark
J. Murphy finds that the lower court properly denied a preliminary injunction request from a group looking to challenge a new Colorado law that requires certain language disclosures for ballot measures that contain a tax-related change. The group says that the mandated language in the ballot titles is unconstitutionally compelling its political speech, but they are not likely to succeed on the merits of their claims. The law governing the titles for the ballot measures falls under government speech that is not intended to represent any expressions or feelings from the ballot's proponents, leaving it protected under the law. Affirmed.
Court: 10th Circuit, Judge: Murphy, Filed On: April 26, 2024, Case #: 23-1282, Categories: Constitution, Tax, Injunction
J. Walton partially grants the employer's motion to dismiss the employee's suit alleging nonpayment of wages, failures to pay correct overtime rates for overtime hours and employee misclassification. The employee's misclassification claims under the McNamara-O'Hara Service Contract Act fail because the Act does not create a private right of action for such claims, but her claims independent of that Act survive.
Court: USDC District of Columbia, Judge: Walton, Filed On: April 26, 2024, Case #: 1:22cv3094, NOS: Fair Labor Standards Act - Labor, Categories: Employment, Labor
J. Chutkan denies a motion to reconsider a determination that a search warrant, which led officers to search a house where the suspect they were seeking did not live, was valid. The court's decision not to grant the searched civilians' request for an adverse inference based on the absence of a report from the database a detective said he searched before seeking the warrant was not "outcome determinative," a school employee's statement to the detective has not been shown to be inadmissible hearsay, a form used to confirm the address was not inadmissible by reason of being unauthenticated, and the searched civilians did not timely raise issues with testimony that another officer conducted a second database search, the admission of which would have been harmless error if it was error at all.
Court: USDC District of Columbia, Judge: Chutkan, Filed On: April 26, 2024, Case #: 1:17cv1046, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Constitution
J. Kugler allows plaintiff to continue claims challenging an insurer's decision to lower the actual cash value for a vehicle involved in an accident because the appraisal report listed a price higher than the amount the insured received for the vehicle.
Court: USDC New Jersey, Judge: Kugler , Filed On: April 26, 2024, Case #: 1:22cv6228, NOS: Insurance - Contract, Categories: Insurance
J. Mcnulty grants the government's motion for summary judgment. The contractor contracted to build a new roof for the San Diego Naval Base Commissary. Requests for materials price increases were denied, being the contract was fixed price, and the contractor submitted a claim for $452,108 for materials price escalations. The claim is not dependent on whether the government was late in issuing the notice to proceed, due to COVID delays. The contractor's constructive change theory based on delays would be considered a new claim that the board does not have jurisdiction to consider.
Court: Armed Services Board Of Contract Appeals, Judge: Mcnulty , Filed On: April 26, 2024, Case #: 63631, Categories: Government, Contract
J. Rickman finds that the trial court properly granted the company's motion for default in a dispossessory action against the tenant. The tenant failed to respond to the action within seven days of being served. The company's request for specific enforcement of a provision in the lease in addition to a writ of possession did not change the applicability of dispossessory laws or the company's obligation to timely answer. Affirmed.
Court: Georgia Court of Appeals, Judge: Rickman, Filed On: April 26, 2024, Case #: A24A0291, Categories: Landlord Tenant
J. Bennett finds that the district court improperly denied Warner Bros. Entertainment’s motion to compel arbitration pursuant to the terms of service in a mobile application Game of Thrones: Conquest. A putative class action filed against Warner Bros. alleged false and misleading advertising within the game. The mobile game has a “sign-in wrap agreement” where users are required to advance through a sign-in screen which states “By tapping ‘Play,’ I agree to the Terms of Service.” A sign-in wrap agreement may be an enforceable contract based on inquiry notice if the website provides reasonably conspicuous notice of the terms. The district court was incorrect in finding that Warner Bros. failed to provide reasonably conspicuous notice. Reversed.
Court: 9th Circuit, Judge: Bennett, Filed On: April 26, 2024, Case #: 22-55982, Categories: Class Action, False Advertising
J. Brooks denies in part motion to dismiss a family's allegations that a five-year-old died from died from melioidosis, an infectious disease caused by a tropical bacteria called Burkholderia pseudomallei, which they allege he was exposed to by contaminated aromatherapy room spray. The product was purchased at Walmart, and later that year, Walmart recalled the product after finding the bacteria in it. The parents are already litigating a suit against Walmart, and the majority of defendants consent to transfer. Claims against some defendants are severed from claims against other defendants, and the amended complaint shall be given a new case number. This case, with the remaining defendants, shall be transferred to United States District Court for the Central District of California (Eastern Division).
Court: USDC Central District of California, Judge: Brooks, Filed On: April 26, 2024, Case #: 5:24cv870, NOS: Personal Injury - Product Liability - Torts - Personal Injury, Categories: Tort, Wrongful Death