194 results for 'filedAt:"2024-01-31"'.
J. Smith finds that the lower court properly granted summary judgment to the automotive company in this case involving repair services provided on two vehicles. The car owners asserted claims under the Texas Deceptive Trade Practices Act. However, the matter required expert evidence, and there was no evidence showing the company "knowingly or intentionally" committed a violation. Affirmed.
Court: Texas Courts of Appeals, Judge: Smith, Filed On: January 31, 2024, Case #: 05-22-00751-CV, Categories: Fraud, Trade, Consumer Law
J. Lake transfers a company's copyright and trademark action against an institute in connection with works and a mark associated with a Buddhist monk to the Central District of California, Western Division. The institute is based in California, and the company fails to show it has the minimum contacts with Texas to establish jurisdiction.
Court: USDC Southern District of Texas, Judge: Lake, Filed On: January 31, 2024, Case #: 4:23cv2812, NOS: Copyrights - Property Rights, Categories: Copyright, Trademark, Jurisdiction
J. Flanagan denies a Butterball employee’s motion for reconsideration of a previous denial of leave to amend in this race discrimination suit. The employee alleges he just wanted to change pseudonyms in the original complaint to the individuals’ real names, to add them as defendants. However, suits under Title VII of the Civil Right Act may not be brought against individuals.
Court: USDC Eastern District of North Carolina, Judge: Flanagan, Filed On: January 31, 2024, Case #: 4:22cv147, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Employment, Employment Discrimination
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J. Streeter holds that the juvenile court had jurisdiction to modify a juvenile's commitment for attempted murder to a maximum term of confinement of 22-years-to-life. The juvenile court met the requirements for good cause and was making a diligent effort to comply with a new statute. Also, the juvenile's equal protection rights were not violated by the juvenile court's refusal to apply his precommitment credits to his baseline term. Affirmed.
Court: California Courts Of Appeal, Judge: Streeter, Filed On: January 31, 2024, Case #: A166408, Categories: Juvenile Law, Murder, Sentencing
J. Marcel finds that the trial court properly granted the debtor's motion to annul a default judgment on a breach of commercial lease action. In this case, the debtor claimed that he was never an owner or shareholder of the company that leased the properties and that he only signed the lease under authority granted by the owner. Further, the debtor claimed that he was never properly served since the sheriff served a person performing remodeling work on his house. The remodeler testified that he did not remember what he did with the notice or that he told the judgment debtor about the legal papers. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Marcel, Filed On: January 31, 2024, Case #: 23-CA-195, Categories: Evidence, Contract
J. Parker finds that the lower court properly terminated the father's parental rights to the child, though it modifies the judgment as to subsection (D). The evidence does not support termination under that particular subsection, regarding "the suitability of the child's living conditions." Affirmed.
Court: Texas Courts of Appeals, Judge: Parker, Filed On: January 31, 2024, Case #: 07-23-00320-CV, Categories: Evidence, Family Law
J. Kern finds that the circuit court properly denied a daughter's motion for further discovery in an action in which a trust was left from a deceased individual and was invested in a money market account, earning a small amount of interest income. The daughter sued, claiming that a failure to properly invest the trust assets constituted bad faith and gross negligence due to the trust's small investment returns. The lower court properly granted summary judgment in favor of a bank and the son of the deceased. Affirmed.
Court: South Dakota Supreme Court, Judge: Kern, Filed On: January 31, 2024, Case #: 2024SD5, Categories: Trusts, Banking / Lending
J. Aenlle-Rocha partially grants the consumer's motion for attorney fees after she settled her warranty and fraud claims against Ford Motor regarding her purchase of a used 2017 Ford F-150 Raptor vehicle. The consumer seeks $83,100 in attorney fees but the submitted hourly rates do not match the rates in similar cases and some travel entries are not justified, so the consumer receives $61,400 in attorney fees.
Court: USDC Central District of California, Judge: Aenlle-Rocha, Filed On: January 31, 2024, Case #: 2:21cv8867, NOS: Other Contract - Contract, Categories: Fraud, Warranty, Attorney Fees
J. Kyzar finds that the trial court properly granted partial summary judgment to the colonel and awarded attorney fees to the state agency in a defamation suit brought by a former member of the Louisiana State Police Commission. The award of $50,376 in fees to the agency was supported by the record when it prevailed on its motion to strike, and the former member did not show the colonel abused his "qualified privilege" in making the statements in the specified incident report or that he acted with malice or in bad faith. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Kyzar, Filed On: January 31, 2024, Case #: CA-23-253, Categories: Civil Procedure, Defamation, Attorney Fees
J. Jackson dismisses a former teacher's contract and due process claims against the district after it failed to rehire him, allegedly in violation of the parties' settlement agreement. The agreement did not contain any obligation the district rehire him, nor has he sufficiently alleged a due process violation.
Court: USDC District of Columbia, Judge: Jackson, Filed On: January 31, 2024, Case #: 1:22cv2137, NOS: Other Civil Rights - Civil Rights, Categories: Employment, Due Process, Contract
J. Horton finds the trial court properly convicted defendant for being a felon in possession of a firearm. At the first hearing, defendant requested a bench trial but failed to attend. Defendant says his rights were infringed by the court's convicting him by bench trial outside his presence. The record shows his attorney never claimed that no plea was entered, and the court of appeals must assume that a plea was entered before trial. Therefore, the premise of the appeal, that defendant was tried without entering a plea, has no merit. Affirmed.
Court: Texas Courts of Appeals, Judge: Horton , Filed On: January 31, 2024, Case #: 09-22-00139-CR, Categories: Constitution, Firearms, Due Process
J. Wetmore sustains the Mexican citizen's interlocutory appeal challenging the immigration judge’s denial of his motion to cancel removal. The immigrant says the notice was defective in not including the time and place to appear. The Department of Homeland Security filed the improper form as remedy, contrary to the Supreme Court’s decision in a relevant case that the time and place of the initial hearing could not be remedied by issuance of a notice of hearing, which does not trigger the stop-time rule for cancellation of removal.
Court: Board of Immigration Appeals, Judge: Wetmore , Filed On: January 31, 2024, Case #: 4071, Categories: Immigration, Due Process
J. Miller finds the trial court properly awarded final judgment and damages to the subcontractor in its dispute over payment for work it did for the contractor at a country club's golf course. Although other evidence in the record could arguably support the contractor's argument that the subcontractor contributed to the failure of lining it installed in an irrigation lake on the golf course, the trial court's findings are all supported by substantial and competent evidence, so the trial court is affirmed under the applicable limited scope of review. Affirmed.
Court: Florida Courts Of Appeal, Judge: Miller, Filed On: January 31, 2024, Case #: 22-0699, Categories: Construction, Contract
J. Moore reverses the defendant's convictions for first-degree premeditated murder, attempted first-degree premeditated murder, first-degree felony murder while committing a kidnapping and kidnapping to commit great bodily harm or terrorize, but remands her case for further proceedings on the kidnapping and felony murder charges. The state has provided evidence sufficient to support a reasonable inference that the defendant knew that a fake house showing she set up with the murder victim, a realtor, on behalf of her romantic partner and his friends was a setup for a kidnapping and murder plot, but the circumstances proved also support a reasonable inference that she believed the end goal of her partner's plan was a less serious crime than premeditated murder. The circumstantial evidence used to support her convictions, therefore, was insufficient to sustain her convictions for first-degree premeditated murder and attempted first-degree premeditated murder under an aiding-and-abetting theory of liability. Additionally, the district court issued impermissible hybrid jury instructions, combining accomplice liability and the underlying elements into a single instruction which misstated the law by allowing the jury to convict the defendant of kidnapping without reaching the issue of liability under an aiding-and-abetting theory. These erroneous instructions were also not harmless. The defendant's other arguments regarding jury instructions and sufficiency of evidence fail. Reversed.
Court: Minnesota Supreme Court, Judge: Moore, Filed On: January 31, 2024, Case #: A22-0163, Categories: Murder, Kidnapping, Jury Instructions
J. Hendon finds the trial court improperly ordered the mother to pay 50% of at least $96,000 in fees owed to a guardian ad litem for her and the father's minor son related to domestic violence petitions the mother filed in ongoing legal fights subsequent to their 2011 divorce. The trial court's order was not based on sufficient findings in the record regarding the mother's income, funds her brother and boyfriend may have provided her for lawyers in the past, and whether the mother's actions necessitated hiring the guardian, so the trial court's order is reversed and on remand it is ordered to make the necessary factual findings and conclusions. Reversed.
Court: Florida Courts Of Appeal, Judge: Hendon, Filed On: January 31, 2024, Case #: 22-1399, Categories: Family Law
J. Bokor finds the circuit court improperly entered a final default judgment ordering the client to pay the law firm $20,000 in unpaid retainer fees for representation in multiple domestic violence cases. The client correctly argues that the circuit court lacked subject-matter jurisdiction over the case because the amount of money in controversy was not more than $30,000, so the default judgment is vacated and the case is remanded for further proceedings. Reversed.
Court: Florida Courts Of Appeal, Judge: Bokor, Filed On: January 31, 2024, Case #: 23-0798, Categories: Attorney Fees, Contract
J. Hendon finds the trial court properly entered an order that, in part, enjoined the removal of a city commissioner from his elected office after four other commissioners voted to vacate his seat for failing to attend a regular commission meeting for 120 days. Because there was not a quorum of commissioners voting to vacate the commissioner's seat, the vote was invalid, and the commission's calculation of the start of the 120-day attendance window was not made in line with the requirements of the city charter. The rest of the issues presented on appeal are not addressed. Affirmed.
Court: Florida Courts Of Appeal, Judge: Hendon, Filed On: January 31, 2024, Case #: 23-1082, Categories: Government, Municipal Law
J. Brown finds the trial court properly convicted defendant for illegal possession of a firearm, domestic battery and terroristic threatening. A neighbor testified the victim, who had previously attempted to evict defendant, banged on his door with handcuffs on one hand and her face bloodied, pleading, “He’s got a gun, he’s going to kill me.” The neighbor testified she seemed truly terrified. Officers responded to information on defendant's location and found him hiding behind a blanket in the corner of the laundry room. Thhe victim's out-of-court statements to her neighbor were properly admitted under the excited utterance hearsay rule. Affirmed.
Court: Arkansas Court Of Appeals, Judge: Brown , Filed On: January 31, 2024, Case #: CR-23-321, Categories: Firearms, Battery, Terrorism
J. Barrett finds the county court properly authorized garnishment of funds to be distributed to the beneficiary in probate from the estate. The court ordered the funds to be paid pursuant to two foreign contempt orders registered before the court. Though the beneficiary said the arrearages had been paid, he failed to produce evidence sufficient to establish any payments had been made on any of the court's orders. He also failed to raise the issue of insufficiency of service of process or lack of notice. Affirmed.
Court: Arkansas Court Of Appeals, Judge: Barrett , Filed On: January 31, 2024, Case #: CV-22-108, Categories: Civil Procedure, Wills / Probate, Due Process
J. Klappenbach finds the county court properly denied defendant's motion to transfer his charges for first-degree murder and committing a terroristic act to the juvenile division. The victim, who it was believed by the 16-year-old defendant to have shot his codefendant a year earlier, was found with a gunshot wound to the back of his head. Statements made to officers tended to point toward defendant, who claims gang affiliation, as the shooter. Regardless of defendant's arguments, a juvenile may still be tried as an adult solely because of the serious and violent nature of the offenses. Affirmed.
Court: Arkansas Court Of Appeals, Judge: Klappenbach , Filed On: January 31, 2024, Case #: CR-23-232, Categories: Juvenile Law, Murder, Terrorism
J. Southwick finds the district court properly sanctioned the attorney who represented a doctor in a due process and contract action against a university. After dismissal of several claims, the attorney continued to present frivolous arguments regarding the university's potential liability. Affirmed.
Court: 5th Circuit, Judge: Southwick , Filed On: January 31, 2024, Case #: 23-30335, Categories: Education, Sanctions, Attorney Discipline
J. Herndon finds the county court properly dismissed this child custody complaint. The child was born in the Philippines to a Filipino mother and an American father. The father sought custody in the U.S. after the parents' relationship dissolved. Though the father has presented evidence the child has spent time in the U.S., her home state under the Uniform Child Custody Jurisdiction and Enforcement Act was properly found to be the Philippines. Affirmed.
Court: Nevada Supreme Court, Judge: Herndon , Filed On: January 31, 2024, Case #: 86347, Categories: Family Law, International Law, Guardianship