J. Chehardy finds that the trial court should not have granted the Office of Community Development's exception of no cause of action on a homeowner's claim that the judgment against him contained false information regarding the home elevation grant that was the basis of the suit. The homeowner should have been given an opportunity to amend his complaint to show sufficient relevant facts to support the allegations of fraud or ill practices. Reversed.
Court: Louisiana Court Of Appeal, Judge: Chehardy, Filed On: March 27, 2024, Case #: 23-CA-366, Categories: Civil Procedure, Fraud
J. Johnson finds that the district court should not have granted an insurer's peremptory exception of prescription on a deceased driver's wife's survival action for damages the decedent sustained in a car accident with the insured. In this case, the wife timely filed her survival action within one year of her husband's death. A survival action does not mandate that the offense that caused the injury, in this case the car collision, must have also caused the injured person’s death. Reversed.
Court: Louisiana Court Of Appeal, Judge: Johnson, Filed On: March 27, 2024, Case #: 23-CA-374, Categories: Civil Procedure, Insurance
J. Schlegel finds that the trial court should not have granted a neighbor's exception of prescription on a property owner's claim filed on September 13, 2022, that his house was damaged when the neighbor's tree fell on it during a hurricane. In this case, although the homeowner's petition references Hurricane Ida making landfall on or about August 29, 2021, the petition does not actually allege a specific date when the tree fell and damaged his property. Further, the neighbor did not introduce evidence as to when the damage occurred. The undisputed evidence shows that the homeowner did not return to his home until September 17, 2021, after evacuating before the hurricane made landfall. Reversed.
Court: Louisiana Court Of Appeal, Judge: Schlegel, Filed On: March 27, 2024, Case #: 23-CA-408, Categories: Evidence, Property, Negligence
J. Boomgaarden finds that the lower court properly terminated a grandfather's parental rights over his grandchildren. The grandfather is currently serving prison time for sexually abusing his grandchildren, and the lower court properly found it was in the childrens' best interest if the grandfather's parental rights were terminated. Affirmed.
Court: Wyoming Supreme Court, Judge: Boomgaarden, Filed On: March 27, 2024, Case #: S-23-0167, Categories: Family Law
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J. Marcus denies a landlord’s petition for review of his application for a whistleblower award after he informed the Securities and Exchange Commission of his suspicions that his tenant was part of a Ponzi scheme in Ohio. The Commission did not use the information the landlord provided in any way.
Court: 11th Circuit, Judge: Marcus, Filed On: March 27, 2024, Case #: 22-14011, Categories: Securities
J. Mercier finds that the lower court improperly ruled in favor of an Airbnb co-host sued by a renter for injuries she sustained while she was staying at the property. Evidence proves that the co-host should have predicted that a tree branch could fall and strike a person in the parking area below. Reversed in part.
Court: Georgia Court of Appeals, Judge: Mercier, Filed On: March 27, 2024, Case #: A24A0593, Categories: Tort
J. McFadden finds that the lower court properly denied defendant’s motion for a new trial. The lower court properly instructed the jury on mutual combat. Thus, counsel was not deficient by failing to preserve defendant’s objection to the charge. Affirmed.
Court: Georgia Court of Appeals, Judge: McFadden, Filed On: March 27, 2024, Case #: A24A0166, Categories: Ineffective Assistance
Per curiam, the appellate division finds that Anthony Merrill shall be suspended from the practice of law for 18 months for stealing a woman's identity to apply for credit cards, and charging $21,000 to cards in her name. The attorney testified he had a compulsive gambling addiction for which he has now sought treatment.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: March 27, 2024, Case #: 01713, Categories: Attorney Discipline
J. Larimer allows heirs of a parole officer who had been shot in the arm, head, and abdomen by police colleagues, allegedly during a "wellness check," to continue certain claims in an action alleging wrongful death, excessive force, and other causes of action, because police were acting in their official roles, not as private citizens, when they called in the wellness check. However, the heirs failed to plausibly allege police officials conspired to punish the parole officer for having brought discrimination and harassment claims against the department of corrections and department employees.
Court: USDC Western District of New York, Judge: Larimer, Filed On: March 27, 2024, Case #: 6:18cv6712, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Wrongful Death
J. Newey finds a lower court improperly dismissed a civilian's accommodation claims against a city council. The city council argued that it provided him with adequate housing. However, the civilian presented sufficient evidence in court that he is entitled to a housing upgrade to accommodate his three children who visit regularly. Reversed.
Court: Her Majesty's Court of Appeal, Judge: Newey, Filed On: March 27, 2024, Case #: CA-2023-758, Categories: Family Law, Government, Housing
J. Bean finds a lower court properly dismissed two ex-bankers' motion to overturn their convictions. The former jailed bankers argued that they did not intentionally manipulate Libor and Euribor interest rates. However, the government sufficiently showed in court that they ran a scheme to rig key interest rates. Affirmed.
Court: Her Majesty's Court of Appeal, Judge: Bean, Filed On: March 27, 2024, Case #: 2023-223-B5, Categories: Evidence, Fraud, Banking / Lending
J. Joyce finds procedure amendment IP 14 complies with the state constitution’s “separate vote” requirement. “The multiple substantive changes that it makes are ‘closely related’ and, thus, comply.” Reversed.
Court: Oregon Court of Appeals, Judge: Joyce, Filed On: March 27, 2024, Case #: A181565, Categories: Elections
J. Palafox finds a lower court did not err in denying El Paso County’s plea to the jurisdiction after it was sued by a former employee who said the county breached its settlement agreement following an employment lawsuit by failing to reinstate her “within a reasonable time.” Regardless of whether there are merit to the ex-employee’s claims — “those issues exceed the scope of [this] jurisdictional inquiry” — the county already conceded that it waived immunity in this matter and cannot now reassert it. Affirmed.
Court: Texas Courts of Appeals, Judge: Palafox, Filed On: March 27, 2024, Case #: 08-23-00173-CV, Categories: Employment, Settlements, Immunity
J. Manasco denies a logistics company’s renewed motion for judgment as a matter of law and its motion for a new trial; grants in part its motion for a remittitur in this ADA and FMLA employment dispute brought by a former employee. The evidence presented to the jury was sufficient enough to show the company’s failure to notify the employee of his FMLA interference claim. The company argues that the jury’s verdicts for FMLA interference and retaliation claims were inconsistent and irreconcilable because the employee failed to give proper notice of his surgery. The jury’s award of compensatory and punitive damages for the ADA claims is to be reduced and may not exceed $300,000. The court grants the employee’s motion for attorney fees and expenses and his motion to alter or amend the final judgment. The employee is awarded $210,560 in attorney fees and $10,822.71 in expenses.
Court: USDC Northern District of Alabama , Judge: Manasco, Filed On: March 27, 2024, Case #: 2:20cv543, NOS: Amer w/Disabilities-Employment - Civil Rights, Categories: Ada / Rehabilitation Act, Attorney Fees, Employment Retaliation
J. Soto finds a lower court did not err in denying a doctor’s motion for no-evidence summary judgment after he was sued by a patient for medical negligence. The doctor argues the patient was in fact treated by a physician assistant, but he “was the only physician” in the emergency department at the time and is listed on some of the patient’s medical documents, and therefore the patient has raised a genuine dispute “as to the existence of a physician–patient relationship.”
Court: Texas Courts of Appeals, Judge: Soto, Filed On: March 27, 2024, Case #: 08-23-00079-CV, Categories: Negligence, Medical Malpractice, Contract
J. Flanagan partially denies a police officer and municipality their motion to dismiss allegations of Fourth Amendment violations brought by a resident whom the officer grabbed in an attempt to pull her out of her home. The officer, standing just outside the threshold of the resident’s front door, repeatedly ordered her to step outside, twice grabbing her arm in an attempt to pull her outside although he had no warrant. His argument of suspicion is also insufficient, and, thus, he cannot use official immunity as a defense and neither can the city as his employer.
Court: USDC Eastern District of North Carolina, Judge: Flanagan, Filed On: March 27, 2024, Case #: 5:23cv207, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Constitution, Police Misconduct
J. Biggs grants a university health system’s motion for summary judgment following allegations of multiple civil rights violations brought by a radiation oncology resident. The resident, a Black woman, entered residency with the system despite misgivings on the part of some staff based on her previous academic performance, but it accepted her anyway. Throughout her residency, she required unprecedented support and consistently scored low in testing ranges, requiring an extension of her residency, which required more scrutiny by staff than other residents. However, she fails to produce sufficient evidence to her claims.
Court: USDC Middle District of North Carolina, Judge: Biggs, Filed On: March 27, 2024, Case #: 1:20cv281, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Health Care, Employment Discrimination
J. Tookey finds the Employment Relations Board (ERB) properly dismissed an employee's claim of an unfair labor practice against his employer. The employee failed to raise proper assignments of error. Affirmed.
Court: Oregon Court of Appeals, Judge: Tookey, Filed On: March 27, 2024, Case #: A179566, Categories: Labor / Unions
Per curiam, the Texas Court of Criminal Appeals vacates and remands the judgment of the court of appeals for the opportunity to conduct a reasonable suspicion analysis without the citizen’s lawful refusal to consent. The citizen was arrested and charged for possession with intent to deliver between 4 and 200 grams of methamphetamine, but she had refused to consent to the police officers’ search of her vehicle.
Court: Texas Court of Criminal Appeals, Judge: Per curiam, Filed On: March 27, 2024, Case #: PD-0700-22, Categories: Drug Offender, Sentencing
J. Carreno-Coll grants American Airline's motion to dismiss. The Puerto Rican citizens who purchased tickets to fly from Puerto Rico to Rome, Italy via a connection in Philadelphia, where the travelers were prevented from boarding the next flight for various reasons including not having return tickets. The Montreal Convention preempts the federal and state law claims, and the Air Carriers Access Act does not provide for a private cause of action.
Court: USDC Puerto Rico, Judge: Carreno-Coll, Filed On: March 27, 2024, Case #: 3:23cv1306, NOS: Other Personal Injury - Torts - Personal Injury, Categories: International Law, Transportation, Contract
J. Lewis grants the medical transport service's request for default judgment. The service subcontracted to provide transport for Veterans Affairs, the company under which it contracted later having a controlling interest obtained by the other party to this suit. This party failed to pay the service after it entered into a new contract with the service. The service has established that the new contractor failed to perform under the contract. Damages and prejudgment interest are awarded in an amount exceeding $469,399.
Court: USDC South Carolina Aiken, Judge: Lewis , Filed On: March 27, 2024, Case #: 3:21cv2801, NOS: Other Contract - Contract, Categories: Government, Damages, Contract