3,445 results for 'cat:"Civil Procedure"'.
Per curiam, the Texas Supreme Court grants a company's petition for mandamus relief in a premises liability case filed by a guest who was injured during her stay at a resort owned by the company. After failing to answer the guest's suit, the trial court signed a default judgment against the company. The judgment was drafted by the guest's counsel and contained language noting it as the "Final Default Judgment." Despite its language, the judgment is not final and the company should be allowed to challenge the default judgment.
Court: Texas Supreme Court, Judge: Per curiam, Filed On: May 10, 2024, Case #: 22-1100, Categories: civil Procedure, Tort
J. Zayas finds the trial court properly joined both spine surgery patients into a single jury trial. Although the patients dealt with the same type of spine condition generally, each patient had its own expert testify about specific conditions that led each to seek treatment from the surgeon, which allowed the jury to separate and analyze the evidence. Meanwhile, the lack of evidence to support prejudgment interest on damages precluded the trial court from granting the patients' request; therefore, the interest award will be vacated. Affirmed in part.
Court: Ohio Court Of Appeals, Judge: Zayas, Filed On: May 10, 2024, Case #: 2024-Ohio-1776, Categories: civil Procedure, Damages, Medical Malpractice
J. Rambin affirms a trial court’s summary judgment ruling against one of two female family members in a car collision action, finding the older female’s claim in the suit is time-barred. On appeal, however, the trial court’s ruling of summary judgment is reversed and remanded as improper as to the younger female because she was a 16-year-old minor at the time of the accident; the limitations were tolled until she reached 18. Reversed in part.
Court: Texas Courts of Appeals, Judge: Rambin, Filed On: May 10, 2024, Case #: 06-24-1, Categories: civil Procedure, Tort, Vehicle
J. Bolden grants the nursing home's motion to dismiss, ruling that because it is a private entity, not a state actor, the estate cannot bring Fourth and Fifth Amendment claims for the alleged theft of personal belongings while the decedent lived at its facility.
Court: USDC Connecticut, Judge: Bolden, Filed On: May 10, 2024, Case #: 3:23cv599, NOS: Other Personal Injury - Torts - Personal Injury, Categories: civil Procedure, Civil Rights, Conversion
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J. Bright finds the trial court properly denied the borrower's motion to dismiss on the special defense of unclean hands. Other than a self-serving affidavit, there was no evidence in the record to indicate the lender engaged in willful misconduct when it denied several loan modification applications. However, because the borrower's estoppel claim included factual evidence to dispute the amount of interest and other fees that accrued on the mortgage, the lower court erroneously relied solely on the lender's affidavit to determine the amount owed by the borrower, and the case must be remanded for a proper calculation. Affirmed in part.
Court: Connecticut Court Of Appeals, Judge: Bright, Filed On: May 10, 2024, Case #: AC46506, Categories: civil Procedure, Evidence, Banking / Lending
J. Bland finds that the court of appeals improperly dismissed the property manager’s appeal of the trial court’s decision ordering it to convey its property to the maritime refueling services facility according to a purchase option in the parties’ contract. The trial court’s order amounted to a temporary injunction, which the manager had the right to appeal.
Court: Texas Supreme Court, Judge: Bland, Filed On: May 10, 2024, Case #: 23-0078, Categories: civil Procedure, Property, Enforcement Of Judgments
J. Lehrmann finds that the court of appeals improperly ruled in favor of a property owner who claims the insurance company improperly denied coverage for hail and windstorm damage to his beachfront condo. The court of appeals found that the trial judge lacked jurisdiction over the case because she was not appointed by the Judicial Panel on Multidistrict Litigation. While the requirement that a judge must be appointed by the panel to hear litigation such as this is mandatory, it is not jurisdictional. The trial court did not lack jurisdiction because the judge was not appointed and the legislature did not have such an intent in crafting this area of the insurance code. Reversed.
Court: Texas Supreme Court, Judge: Lehrmann, Filed On: May 10, 2024, Case #: 23-0447, Categories: civil Procedure, Insurance, Jurisdiction
J. Sullivan finds that the district court properly dismissed disability discrimination claims brought after a student who has "Asperger's Syndrome" was told to stay away from three classmates following an incident during freshman orientation. Precedent holds that emotional damages are not available under the disabilities act, and the claims could not be reframed as economic absent a contract breach. Meanwhile, the request for declaratory and injunctive relief was moot because the student had graduated. Affirmed.
Court: 2nd Circuit, Judge: Sullivan, Filed On: May 10, 2024, Case #: 23-1217, Categories: civil Procedure, Ada / Rehabilitation Act, Education
J. McDonald finds that the district court should be held responsible for costs of hiring a technology vendor to help review information contained in a police chief's emails in criminal public corruption claims because the district court took responsibility for conducting the initial privilege review in a search warrant. Affirmed.
Court: Iowa Supreme Court, Judge: McDonald, Filed On: May 10, 2024, Case #: 22-1703, Categories: civil Procedure
J. Kagan finds that the circuit properly held that copyright infringement claims allow copyright owners to obtain monetary relief for damages in timely filed claims, and thus the three-year limit for filing the action did not limit damages to three years. Affirmed.
Court: US Supreme Court, Judge: Kagan, Filed On: May 9, 2024, Case #: 22-1078, Categories: civil Procedure, Copyright, Damages
J. Montoya-Lewis finds that the court of appeals properly ruled that the trial court should not have dismissed the personal injury dispute due to a failure to properly serve one of the parties. The person that was served was an HR manager at the business being sued, and given her employment position there, she was a proper person who could be served in a legal dispute. The case may now proceed to trial. Affirmed in part.
Court: Washington Supreme Court, Judge: Montoya-Lewis, Filed On: May 9, 2024, Case #: 102147-0, Categories: civil Procedure, Tort
Per curiam, the court of appeals finds that the trial court properly granted defense counsel's motion to withdraw because there are no reversible errors on the record following defendant's conviction for engaging in organized criminal activity. Affirmed.
Court: Texas Courts of Appeals, Judge: Per curiam, Filed On: May 9, 2024, Case #: 01-23-00238-CR, Categories: civil Procedure
J. Silva finds that the lower court properly modified the appellant’s probation “to a placement at a secure, post-adjudication juvenile facility” after he was adjudicated as delinquent. On appeal, he contends that the modification order violated his constitutional rights, but he failed to preserve the argument for review. Affirmed.
Court: Texas Courts of Appeals, Judge: Silva, Filed On: May 9, 2024, Case #: 13-24-00098-CV, Categories: civil Procedure, Constitution, Juvenile Law
J. Goldstein finds that the lower court properly transferred the appellant from the Texas Juvenile Justice Department to the Texas Department of Criminal Justice after being adjudicated delinquent and allegedly committing “numerous infractions” while in custody. Appellant’s counsel indicated that there are no grounds for reversal, and the court agrees. Affirmed.
Court: Texas Courts of Appeals, Judge: Goldstein, Filed On: May 9, 2024, Case #: 05-23-00951-CV, Categories: civil Procedure, Juvenile Law
J. Wilson finds that the probate court properly ruled against the attorney when it approved the account for final settlement and removed the case from the docket. The attorney's constitutional complaints were inadequately briefed, and his argument about the lack of timely notice for the hearing is without merit. Affirmed.
Court: Texas Courts of Appeals, Judge: Wilson, Filed On: May 9, 2024, Case #: 14-23-00146-CV, Categories: civil Procedure, Wills / Probate
J. Tenney finds that the trial court properly ordered an ex-husband to reimburse an ex-wife the money she paid to satisfy a mortgage loan their divorce decree had required him to pay. The order to reimburse was an enforcement ruling, not a modification, since it gave effect to the decree's requirement that he be responsible for any loans on the residence. Affirmed.
Court: Utah Court Of Appeals, Judge: Tenney, Filed On: May 9, 2024, Case #: 20210902-CA, Categories: civil Procedure, Family Law