172 results for 'filedAt:"2024-02-21"'.
J. Higginbotham finds the district court properly convicted defendant by guilty plea for conspiracy to possess with intent to distribute 500 grams of meth. Defendant says the judge coerced him into withdrawing his objections to the presentence report's calculation of drug amounts by threatening to deny his acceptance of responsibility points. Even assuming the court coerced defendant, he still does not show the error affected his substantial rights. Furthermore, his contention as to how his sentencing range was affected is factually incorrect. Affirmed.
Court: 5th Circuit, Judge: Higginbotham , Filed On: February 21, 2024, Case #: 22-50837, Categories: Drug Offender, Judiciary, Sentencing
J. Tunheim grants the contest entrant's motion to confirm an arbitration award in a dispute centered on a promised reward for proof that data the pillow magnate used to dispute the 2020 election did not "reflect information related to the November 2020 election." An arbitration panel's did not exceed its authority in interpreting the parties' contract by determining that the contestant's finding that the data did not contain any packet capture data, which would be expected given the way the magnate claimed to have obtained the data, was sufficient to fulfill the contest's terms.
Court: USDC Minnesota, Judge: Tunheim, Filed On: February 21, 2024, Case #: 0:23cv1433, NOS: Arbitration - Other Suits, Categories: Arbitration, Elections, Contract
J. Hester finds that the trial court erred in assessing sanctions to the heir after the denial of her motion for a new trial in the dispute over ownership of a decedent's property. The trial court did not give a basis for the sanctions imposed, so the case is remanded for an explanation of the conduct that violated the relevant statute. Vacated.
Court: Louisiana Court Of Appeal, Judge: Hester, Filed On: February 21, 2024, Case #: 2023CA0302, Categories: Civil Procedure, Property, Wills / Probate
J. Thierry finds that defendant was properly found guilty of armed robbery of a gas station for an incident in which he was accused of hitting the cashier with a beer bottle and taking money from the register. The surveillance video and the police interview was sufficient evidence to identify defendant as the perpetrator of the crime. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Thierry, Filed On: February 21, 2024, Case #: KA-23-135, Categories: Evidence, Robbery, Identification
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J. Hsu grants final approval of a class action settlement and grants approval of attorney fees and costs in a suit brought by actors who worked as a background or stand-in actor on television shows produced by CBS or Eye Productions and filmed in New York or California between March 30, 2014 and October 22, 2022. The all-inclusive gross settlement amount of $4 million and $1,333,333 in attorney fees are fair and reasonable.
Court: USDC Central District of California, Judge: Hsu, Filed On: February 21, 2024, Case #: 2:20cv2965, NOS: Fair Labor Standards Act - Labor, Categories: Class Action, Labor
Per curiam, the appeals court finds the trial court improperly ordered the ex-husband to perform 50 hours of community service as a sanction in the dissolution of his and the ex-wife's marriage for violating a domestic violence injunction by "shooting and maiming" the ex-wife's pet cats with a pellet gun. The trial court did not follow proper procedure and overstepped its authority by imposing a penal sanction after the ex-wife withdrew her motion to find the ex-husband in criminal contempt and proceeded only to find him in civil contempt. Reversed.
Court: Florida Courts Of Appeal, Judge: Per curiam, Filed On: February 21, 2024, Case #: 22-1371, Categories: Civil Procedure, Family Law, Sanctions
J. Scales finds the trial court properly entered final judgment that denied the man's motion to vacate an arbitration award in favor of the woman and confirmed that arbitration award. The man correctly concedes that his motion to vacate was legally insufficient because it lacked enough supporting facts, but he incorrectly argues that the trial court should have given him an opportunity to amend the motion. Affirmed.
Court: Florida Courts Of Appeal, Judge: Scales, Filed On: February 21, 2024, Case #: 22-2028, Categories: Arbitration
J. Klappenbach finds the trial court properly convicted defendant for battery and endangering the welfare of a minor. Because more than three years had passed between his arrest and his motion to dismiss, this constituted a prima facie violation of defendant's right to a speedy trial. The court correctly set forth its reasoning why certain time periods were excluded for good cause due to the Covid-19 pandemic. Relevant rules of procedure do not require the court to make a determination of good cause for delay until a speedy trial allegation is made, and defendant was provided ample opportunity to object. Affirmed.
Court: Arkansas Court Of Appeals, Judge: Klappenbach , Filed On: February 21, 2024, Case #: CR-22-778, Categories: Battery, Speedy Trial, Child Victims
J. Gladwin finds the county court properly ruled in favor of the particular estate on claims of unjust enrichment and to quiet title regarding a dispute over the ownership of real property. The other estate says an agreement of ownership was reached by the brothers before their deaths. The appeal turns on the date that a deceased and surviving brother's claims accrued, not the deadline triggered by that accrual. Evidence supports the court’s finding the claims accrued when a widow repudiated her deceased husband’s agreement with his brothers. The claims of those brothers' estate would be considered timely under either deadline. Affirmed.
Court: Arkansas Court Of Appeals, Judge: Gladwin , Filed On: February 21, 2024, Case #: CV-22-405, Categories: Property, Wills / Probate, Due Process
J. Abramson finds the county court improperly dismissed the construction company's counterclaim. The capital group brought a breach of contract action after the company allegedly failed to make payments outlined in the contract for future receivables. The construction company argues the contract qualifies as a security, and the county court failed to consider all relevant factors as to whether the contract is subject to the Arkansas Securities Act. Reversed.
Court: Arkansas Court Of Appeals, Judge: Abramson , Filed On: February 21, 2024, Case #: CV-22-100, Categories: Construction, Securities, Contract
J. Tostrud partially grants the employees' motion for judicial notice of a number of documents in their proposed class action alleging breaches of fiduciary duty and prohibited transactions in relation to their employer's 401(k) plan, and denies the employer and fiduciaries' motion to dismiss the suit. The employees' claims that the fiduciaries' use of particular preferred stock dividends rather than common stock to satisfy the employer's matching-contribution requirements were prohibited under ERISA are sufficient to plausibly allege claims under ERISA and for breach of fiduciary duty, and they have established that they have suffered an economic injury traceable to the allegedly unlawful conduct for standing purposes. As to the documents, the Plan is embraced by the pleadings and the remaining exhibits would not change the court's analysis.
Court: USDC Minnesota, Judge: Tostrud, Filed On: February 21, 2024, Case #: 0:22cv2354, NOS: Employee Retirement Income Security Act (ERISA) - Labor, Categories: Erisa, Securities, Fiduciary Duty
J. Perry finds that the trial court properly nullified two of the decedent's testaments based on undue influence by her neighbors. The neighbors did not preserve their issue regarding alleged hearsay testimony, and the evidence supported the finding of undue influence. Affirmed in part.
Court: Louisiana Court Of Appeal, Judge: Perry, Filed On: February 21, 2024, Case #: CA-23-254, Categories: Evidence, Wills / Probate
J. Warhit finds that the lower court properly denied the patient's application for a new trial on the ground that the doctor improperly attempted to shift liability to defendants who had already been awarded summary judgment prior to trial. The doctor did not present evidence at trial that negligence by the dismissed defendants may have been a substantial factor in causing injuries. Affirmed.
Court: New York Appellate Divisions, Judge: Warhit, Filed On: February 21, 2024, Case #: 00887, Categories: Negligence, Medical Malpractice
J. Seeger partially grants an Illinois school district’s motion to dismiss a slew of civil rights and ADA claims brought by the parent of a disabled child who faced intense bullying at school. As a result of the bullying, which the court notes the school district and its staff did little to stop, and in several instances made worse, the child suffered physical injuries and mental trauma including post-traumatic stress disorder. The court dismisses the ADA claims against two school administrators individually, but allows the claims against the district itself to stand. The court also dismisses the parent’s claim for procedural due process violations entirely and dismisses the substantive due process claims, again, only against the two individual administrators. The parent’s claim for intentional infliction of emotional distress stands.
Court: USDC Northern District of Illinois, Judge: Seeger, Filed On: February 21, 2024, Case #: 122cv4512, NOS: Amer w/Disabilities - Other - Civil Rights, Categories: Ada / Rehabilitation Act, Emotional Distress, Due Process
J. McClendon finds that defendant was properly found guilty of attempted second degree murder and second degree battery stemming from an attack on two workers for the Lafourche Parish Water District. Based on the evidence, the jury could have "rationally concluded" that defendant did not prove he was insane at the time he committed the offenses. Affirmed.
Court: Louisiana Court Of Appeal, Judge: McClendon, Filed On: February 21, 2024, Case #: 2023KA0699, Categories: Competence, Murder, Battery
J. Greene finds that the trial court properly ruled in favor of the property owners in their suit against the city over damages resulting from its failure to maintain a public drainage servitude. The owners' claim for compensation was not prescribed based on the cited statute, which did not apply. Also, there was no error in the damages award. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Greene, Filed On: February 21, 2024, Case #: 2023CA0219, Categories: Property, Tort, Damages
Per curiam, the appellate division finds that the lower court improperly found for the injured worker on the issue of liability in a construction accident suit stemming from a worker's fall off a ladder. The record contains conflicting evidence as to the manner in which the accident happened, including as to whether a ladder was involved in the accident. Reversed.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: February 21, 2024, Case #: 00902, Categories: Tort, Labor
J. Magnus-Stinson rules in part for law enforcement, business defendants, and prosecutors in civil rights claims. The business defendant, a private corporation, cannot be sued for conspiring to violate plaintiff's civil rights related to a drug arrest, and prosecutors have immunity against claims contending they should have refrained from taking plaintiff to trial. However, malicious prosecution claims specifically based on the fourth amendment may proceed because plaintiff was acquitted of the criminal charges.
Court: USDC Southern District of Indiana, Judge: Magnus-Stinson, Filed On: February 21, 2024, Case #: 1:23cv2303, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Malicious Prosecution, Immunity
J. Seybert adopts a magistrate judge’s order, preserving claims for money had and received, unjust enrichment and equitable clawback in a lawsuit alleging various holding and investment companies illegally diverted $1.45 million of a company’s assets following its dissolution in exchange for a $4.5 million loan. The defendants fail to allege enough facts in their objections that would conclusively show the former company did not legally possess the funds when they were transferred.
Court: USDC Eastern District of New York, Judge: Seybert, Filed On: February 21, 2024, Case #: 2:20cv1166, NOS: Commerce - Other Suits, Categories: Corporations, Banking / Lending
J. Reidinger denies a health care system’s motion to dismiss multiple municipalities’ allegations of monopolizing the inpatient acute and outpatient care markets in their areas. The system argues the municipalities fail to state a claim. However, evidence shows that the system has violated the Sherman Act by using so-called “all-or-nothing” requirements in its contracts with health insurers, systematically cornering the market in the municipalities.
Court: USDC Western District of North Carolina, Judge: Reidinger, Filed On: February 21, 2024, Case #: 1:22cv114, NOS: Antitrust - Other Suits, Categories: Antitrust, Health Care, Trade