103 results for 'filedAt:"2024-02-13"'.
J. McKinnon finds the trial court improperly ruled in favor of a state trooper who claimed he was constructively discharged. The trooper failed to exhaust a collective bargaining agreement's grievance process for the constructive discharge claim prior to resigning. Reversed.
Court: Montana Supreme Court, Judge: McKinnon, Filed On: February 13, 2024, Case #: DA 22-0424, Categories: Employment, Labor / Unions
J. Burke denies manufacturers of refined coal a ruling that five patents for reducing mercury emissions from coal-burning power plants are not infringed by their actions of selling coal to power plants. Several plants obtained licenses and releases for the patents, but the manufacturers were not released from pre-license infringement claims.
Court: USDC Delaware, Judge: Burke, Filed On: February 13, 2024, Case #: 1:19cv1334, NOS: Patent - Property Rights, Categories: Energy, Licensing, Patent
[Consolidated.] J. Gillmor rules on several consolidated motions in limine in a case involving fatal helicopter crash. Motions to exclude documents like the helicopter company’s liability waivers and night-flying policy are denied due to their relevance to the case. A request for spoliation sanctions regarding radar information that was initially deleted and then later reconstructed is denied, though the issue of admissibility will be determined at trial.
Court: USDC Hawaii, Judge: Gillmor, Filed On: February 13, 2024, Case #: 1:20cv265, NOS: Airplane - Torts - Personal Injury, Categories: Government, Wrongful Death, Aviation
J. Maddox partially grants a construction company and its driver’s motion for leave to file a surreply in opposition to insurer’s motion to stay and to extend discovery in this argument over whether the insurer has a duty to cover a vehicle accident under its policy. The insurer’s motion to stay is denied and its motion to extend discovery is granted with discovery being reopened for 30 days. Pretrial dispositive motions must be filed no later than April 5, 2024.
Court: USDC Maryland, Judge: Maddox, Filed On: February 13, 2024, Case #: 8:22cv1637, NOS: Insurance - Contract, Categories: Insurance, Discovery
Want access to unlimited case records and advanced research tools? Create your free CasePortal account now. No credit card required to register.
Try CasePortal for Free
J. Coghlan finds that the lower court properly convicted defendant of unlawful use of a weapon for possessing a short-barreled shotgun. Unlike handguns, short-barreled shotguns are not considered a class of weapons used for self defense and they are regulated precisely because they are concealable and not typically possessed for lawful purposes. Therefore, his conviction does not violate the Second Amendment. Affirmed.
Court: Illinois Appellate Court, Judge: Coghlan, Filed On: February 13, 2024, Case #: 221455, Categories: Constitution, Firearms
J. Glasgow finds that the lower court properly ruled in favor of King County in a dispute with a company that was fined $100 for improperly disposing of its waste at a non-designated facility. The company says the code is unlawful and restricts on its right to freely dispose of its property. The code, however, is a reasonable extension of the county's right to regulate its sanitation, a right granted to local governments in Washington by their state constitution. Affirmed.
Court: Washington Court Of Appeals, Judge: Glasgow, Filed On: February 13, 2024, Case #: 57452-7-II, Categories: Environment, Municipal Law
[Consolidated.] J. Reidinger dismisses, with prejudice, a Walmart customer’s claims including assault, false arrest and defamation after a man associated with Walmart moved for a mistrial predicated upon the customer’s misconduct during a jury trial. As the customer was found to have disobeyed the court in front of the jury, he was charged with paying jury costs and all his claims were dismissed.
Court: USDC Western District of North Carolina, Judge: Reidinger, Filed On: February 13, 2024, Case #: 1:21cv318, NOS: Other Civil Rights - Civil Rights, Categories: Civil Procedure, Civil Rights, Jury
J. McFadden finds that the trial court properly granted the father's petition to legitimate his biological daughter and correctly awarded him joint legal custody and primary physical custody of her. Sufficient evidence supported the finding that the custody award was in the child's best interest, including evidence that the mother tried to alienate the child from the father during the litigation. The trial court correctly awarded the father $25,000 in attorney fees. Affirmed.
Court: Georgia Court of Appeals, Judge: McFadden, Filed On: February 13, 2024, Case #: A23A1384, Categories: Family Law, Attorney Fees
J. Rodriguez finds that the lower court improperly conducted a consolidated trial of two indictments relating to separate criminal transactions without issuing appropriate limiting instructions to the jury. There is no evidence of any connection between the offenses, separated by nearly six months, and consolidation was thus improper. Further, there was a clear risk that the jury was unduly influenced by an impermissible propensity inference due to the consolidation. Reversed.
Court: New York Appellate Divisions, Judge: Rodriguez, Filed On: February 13, 2024, Case #: 00746, Categories: Criminal Procedure, Firearms, Murder
J. Cronan denies the employer's motion for summary judgment on an employee's claims she developed respiratory illness as a result of her exposure to strong chemicals in a sealant used for station repair work. The employer did not file a Daubert motion to challenge the employee's proposed experts on causation, and she does not need expert testimony to establish that she experienced a headache, sore throat, and burning eyes in the immediate aftermath of being exposed to a strong chemical.
Court: USDC Southern District of New York, Judge: Cronan, Filed On: February 13, 2024, Case #: 1:22cv1719, NOS: Federal Employers’ Liability - Torts - Personal Injury, Categories: Employment, Tort
J. Stabile finds that the lower court properly granted summary judgment in favor of State Farm and the defendant automobile driver in this underinsured motorist dispute, stemming from a collision that occurred while the suing driver was behind the wheel of her mother’s vehicle. The plaintiff is not entitled to recover underinsured motorist benefits under her own vehicle policy. Affirmed.
Court: Pennsylvania Superior Court, Judge: Stabile, Filed On: February 13, 2024, Case #: J-A19028-23, Categories: Civil Procedure, Insurance, Vehicle
J. Gleason grants a royalty deed owner's motion for partial summary judgment in a dispute with a gold mine owner. The mine owner "has not identified a contractual right that could form the basis of a waiver defense" and no reasonable jury could find for the mine owner on an impracticability defense. There is no genuine dispute of material fact and the mine owner has not provided evidence that would constitute a mistake of fact.
Court: USDC Alaska, Judge: Gleason, Filed On: February 13, 2024, Case #: 1:21cv21, NOS: Other Contract - Contract, Categories: Contract
Upon remand from the Supreme Court, J. Walker again upholds the district court's dismissal of landowners' challenge to the grant of a certificate to build 300 miles of pipeline from West Virginia to southern Virginia. The district court lacked jurisdiction, as the federal court of appeals had previously ruled on a petition challenging issuance of the certificate. Affirmed.
Court: DC Circuit, Judge: Walker, Filed On: February 13, 2024, Case #: 20-5203 , Categories: Energy, Environment, Jurisdiction
J. Cadish finds the trial court properly convicted defendant for burglary, assault on a protected person with a deadly weapon and related charges. Defendant was shot by police during the robbery of a pawn shop, sustaining injuries that left him unable to speak. He was allowed to defend himself, the court using corrections officers to read his written statements. Though the court failed to provide defendant with an interpreter, this does not warrant reversal due to the evidence supporting conviction. Affirmed.
Court: Nevada Supreme Court, Judge: Cadish , Filed On: February 13, 2024, Case #: 84724, Categories: Burglary, Kidnapping, Due Process
J. Huff grants final approval to a $1.62 million settlement that will end class action claims accusing Verizon of failing to properly compensate its employees for overtime. The average recovery for each class member will be $1,714, with the highest payout being $4,481. The settlement agreement also provides for $25,000 in civil PAGA penalties. Class counsel is granted $541,000 in fees.
Court: USDC Southern District of California, Judge: Huff, Filed On: February 13, 2024, Case #: 3:21cv1257, NOS: Other Labor Litigation - Labor, Categories: Employment, Settlements, Class Action
J. Martin finds that the lower court properly terminated the mother's parental rights due to her substance abuse issues and arrest for identity theft. The court expressly made all necessary findings to determine the extent to which the parent maintained regular visitation with her child and how the parent's convictions will impact her ability to provide a stable home. Affirmed.
Court: Missouri Court Of Appeals, Judge: Martin, Filed On: February 13, 2024, Case #: WD86297, Categories: Family Law
J. O'Connell grants the government's motion to dismiss for lack of jurisdiction and for summary judgment based on a release. The government denied payment to a contractor for certain dry and heavy cargo transfer removal because it allegedly never submitted an invoice. The contractor received consideration of $808,000. Even if it was entitled to this money and the removal request claim was entirely valid, the release is still enforceable.
Court: Armed Services Board Of Contract Appeals, Judge: O'Connell , Filed On: February 13, 2024, Case #: 62319, Categories: Government, Contract
J. Hall partially grants the individuals' motions to dismiss a civil rights and wrongful death action brought by the children of the decedent. The civil rights claim is dismissed due to the children's failure to allege a violation of a federal right. The children's motion to remand the action is denied because the individuals established there was unanimous consent to remove the action at the time of removal. The remaining state law claims are remanded to the state court of Tattnall County.
Court: USDC Southern District of Georgia, Judge: Hall, Filed On: February 13, 2024, Case #: 6:23cv16, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Wrongful Death
J. McGrath finds that the trial court properly held that respondent waived his rights to oppose a three-month involuntary civil commitment. He signed a stipulation while thinking logically and after a thorough discussion with counsel. But an order for the involuntary administration of medications was not supported by evidence of necessity. Reversed in part.
Court: Montana Supreme Court, Judge: McGrath, Filed On: February 13, 2024, Case #: DA 22-0014, Categories: Commitment, Due Process
J. Carlyle conditionally grants the relator's petition for a writ of mandamus, in which she challenges an order in the underlying proceeding granting a new trial. The court concludes that the order is "facially deficient" and that the relator is entitled to mandamus relief. Specifically, the new trial order fails to identify "a valid reason for a new trial," which amounts to an abuse of discretion.
Court: Texas Courts of Appeals, Judge: Carlyle, Filed On: February 13, 2024, Case #: 05-23-01197-CV, Categories: Civil Procedure
J. Carlyle finds that the lower court properly granted summary judgment for the defendant law firm in this suit brought by a liquidating trustee alleging breach of fiduciary duty, legal malpractice, fraudulent transfer and participatory liability, based on the firm's involvement in a recapitalization plan. Summary judgment was appropriate "based on the absence of standing" regarding certain "allegedly assigned causes of action." Also, the firm negated an essential element of the breach of fiduciary duty claim, specifically as to an alleged improper benefit. Affirmed.
Court: Texas Courts of Appeals, Judge: Carlyle, Filed On: February 13, 2024, Case #: 05-23-00264-CV, Categories: Fraud, Fiduciary Duty, Legal Malpractice