139 results for 'filedAt:"2024-01-25"'.
Vice Chancellor Laster declines to dismiss claims stemming from an asset-swap transaction that left a company holding the bag of near-worthless investments while two hedge funds, insurers, and a reinsurer made off with the one good investment. Delaware law applies to the mostly fiduciary-related counts, which pleaded the required elements except for claims alleging fraudulent trading under Cayman Islands' law.
Court: Delaware Chancery Court, Judge: Laster, Filed On: January 25, 2024, Case #: 2019-0431-JTL, Categories: Fraud, Fiduciary Duty
J. Doughty grants a request by the state, dismissing Title VII claims for damages by a white former police captain who alleges he was forced to resign by the agency's black superintendent after declaring he purge the district he commanded of “racist policing." Specifically, the ex-captain alleges the superintendent engaged in acts calculated to force his resignation including re-assigning him to a "career-ending position," authorizing internal affairs investigations of time-barred allegations, having him placed under surveillance and allowing leaks about the internal probes that falsely portrayed him as racist. The white ex-trooper's allegations are “indeed concerning” but he has failed to sufficiently allege facts showing he was compelled to resign.
Court: USDC Western District of Louisiana , Judge: Doughty, Filed On: January 25, 2024, Case #: 3:23cv453, NOS: Employment - Civil Rights, Categories: Employment, Damages, Police Misconduct
J. Womack finds the trial court properly convicted defendant for murder based on sufficient evidence, including eyewitness testimony. The prosecution's mentioning that defendant went to the victim's home to recover his car, which was sold while he was in jail, implied a conviction for that offense. The prosecution was duly warned after the defense objected, and the statement does not support a mistrial. Affirmed.
Court: Arkansas Supreme Court, Judge: Womack , Filed On: January 25, 2024, Case #: CR-23-1, Categories: Evidence, Murder, Due Process
[Consolidated] J. Lee finds the district court improperly found in favor of the water rights owners who claim the state engineer lacks authority to conjunctively manage waters to administer multiple basins forming the flow system at issue. The engineer did not exceed his statutory authority to combine multiple basins into one hydrographic "superbasin" based on a shared source. All respondents had adequate notice and opportunity to be heard. Affirmed in part.
Court: Nevada Supreme Court, Judge: Lee, Filed On: January 25, 2024, Case #: 84739, Categories: Administrative Law, Property, Water
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J. Westbrook finds the district court properly denied defendant's petition for a writ of mandamus challenging her forgery and identity theft convictions due to an improper 76-day delay between her first appearance and preliminary hearing. Although the trial court improperly found good cause for the delay, defendant's request to dismiss due to unlawful detention should have been raised in a petition for a writ of habeas corpus. Affirmed.
Court: Nevada Court of Appeals, Judge: Westbrook , Filed On: January 25, 2024, Case #: 85383-COA, Categories: Habeas, Forgery, Identity Theft
J. Graves finds the district court improperly denied defendant's petition for a writ of habeas corpus. Defendant challenges his guilty plea conviction for conspiracy to possess stolen firearms, asserting ineffective assistance of counsel based on his trial attorney’s failure to consult with him about filing an appeal. Defendant has demonstrated that, but for the attorney's deficient conduct, he would have appealed. Reversed.
Court: 5th Circuit, Judge: Graves , Filed On: January 25, 2024, Case #: 22-50332, Categories: Firearms, Habeas, Ineffective Assistance
J. Williams finds a lower court improperly convicted a defendant for aggravated assault and negligent homicide. The government argued that the defendant fled the scene of a fatal car accident at a gas station where she ran over an unknown male who suddenly rushed toward her vehicle, which was stolen. However, the defendant presented sufficient evidence in court that she may have been justified for leaving the scene of an accident for self- defense purposes. Vacated in part.
Court: Arizona Court Of Appeals Division One, Judge: Williams, Filed On: January 25, 2024, Case #: 1 CA-CR 22-565, Categories: Evidence, Theft, Negligent Homicide
J. Godbey finds for an insurer on a couple's coverage dispute arising from storm damage to their home. They provided no experts to attest to the estimated value of repairs to support their contract claim, nor can they show bad faith, as they fail to show the insurer's estimates were unreasonable.
Court: USDC Northern District of Texas , Judge: Godbey, Filed On: January 25, 2024, Case #: 3:22cv1367, NOS: Insurance - Contract, Categories: Insurance, Property, Contract
J. Walker finds the lower court properly denied the defendant's motion to suppress evidence stemming from the execution of a search warrant. The police had probable cause to search his residence because an accomplice to his firearms and drug selling told them they would find a plethora of evidence at his house following a post-arrest interview. Affirmed.
Court: 4th Circuit, Judge: Walker, Filed On: January 25, 2024, Case #: 22-4088, Categories: Drug Offender, Evidence, Firearms
J. Carr grants the assisted living facility's motion for sanctions against the former employee and her new employer, ruling the employee's admission she knew of a litigation hold shortly after accepting the job offer from the competitor contradicts her claim she was unaware she could not delete thousands of text messages and is sufficient to prove spoliation of evidence. Therefore, the jury in any eventual trial will be instructed to infer the deleted messages were efforts by the competitor to solicit former employees to violate restrictive covenants.
Court: USDC Northern District of Ohio, Judge: Carr, Filed On: January 25, 2024, Case #: 3:22cv606, NOS: Other Contract - Contract, Categories: Jury, Sanctions, Trade Secrets
J. Keough finds that the lower court did not abuse its discretion when it granted permanent custody of the child to family services because the mother’s refusal to engage in mental health services or take medication for her psychological conditions prevents her from providing a safe and stable home for the child. Affirmed.
Court: Ohio Court Of Appeals, Judge: Keough, Filed On: January 25, 2024, Case #: 2024-Ohio-255, Categories: Evidence, Family Law
J. Alley finds a lower court ruled correctly in convicting defendant of intoxication manslaughter and intoxication assault following a car accident involving defendant that left one person dead and another seriously injured. Defendant, who pleaded guilty, argued his plea had been involuntary on the grounds that he had ineffective counsel, but his only argument for this claim is that his attorney believed that he was eligible for community service, which was in fact true until the court made a deadly-weapon finding. Affirmed.
Court: Texas Courts of Appeals, Judge: Alley, Filed On: January 25, 2024, Case #: 08-23-00125-CR, Categories: Ineffective Assistance, Dui, Manslaughter
J. Pennell finds that the lower court properly ordered out-of-home placement for a minor due to concerns over the child's safety. While it is true that the Department of Children, Youth and Families did not properly engage with the father or show active efforts to prevent the breakup of the family, the lower court's ultimate conclusion was correct that placing the child back with the father could potentially put the child in jeopardy due to the father's untreated mental illness. Affirmed.
Court: Washington Court Of Appeals, Judge: Pennell, Filed On: January 25, 2024, Case #: 39603-7-III, Categories: Family Law
J. Reynolds Fitzgerald finds that the lower court properly convicted defendant of murder, conspiracy, weapon possession, and life settlement fraud in a murder-for-hire scheme to collect on an insurance policy taken out on an employee. Evidence supported the verdict, including cell phone records, surveillance footage, and license plate readers that mapped codefendants' trip from defendant's house in Delaware to the victim's neighborhood in New York and then back to Delaware. Meanwhile, testimony supported the fraud count since defendant initially alleged he and the victim were domestic partners before admitting to an insurance agent that they were not. Affirmed.
Court: New York Appellate Divisions, Judge: Reynolds Fitzgerald, Filed On: January 25, 2024, Case #: 112096, Categories: Fraud, Murder, Conspiracy
J. Kelety finds that the trial court erred in granting a commercial landlord judgment notwithstanding of the verdict on a premises liability claim that a tenant made over undisclosed asbestos contamination. The indemnification clause in the lease did not apply since the jury found the landlord grossly negligent, and a limitation of liability clause cannot shield landlords for a willful violation of statute. The landlord's failure to disclose the asbestos prevented the tenant from knowing about the hazard, and from acting to prevent the financial losses it incurred during remediation. Reversed.
Court: California Courts Of Appeal, Judge: Kelety, Filed On: January 25, 2024, Case #: D079905, Categories: Landlord Tenant, Damages, Asbestos
J. Pritzker finds that the lower court properly declined to dismiss workplace injury claims brought after plaintiff drove a lift off the edge of a loading dock while performing repairs on a salt shed because questions of fact remain unresolved as to whether plaintiff had been on the job the day before his contract commenced. Affirmed.
Court: New York Appellate Divisions, Judge: Pritzker, Filed On: January 25, 2024, Case #: CV-23-0916, Categories: Construction, Negligence
J. McShane grants the healthcare company summary judgment against the nurse's complaint alleging that it fired her for raising concerns about the nurse staffing shortage during the Covid-19 pandemic. The nurse expressing her concerns to her supervisor about intraorganization conditions is not a disclosure, and the nurse does not present evidence that the healthcare company's legitimate reason to fire her was pre-textual because it is undermined by the timing of the alleged disclosures.
Court: USDC Oregon, Judge: McShane, Filed On: January 25, 2024, Case #: 6:22cv149, NOS: Labor/Management Relations - Labor, Categories: Employment, Covid-19, Labor