155 results for 'filedAt:"2024-02-23"'.
J. Gonzalez grants partial summary judgment and finds a Canadian augmented reality advertising firm liable on two investor’s breach of contract claim alleging the firm violated an agreement allowing investors to convert their stock warrants into shares conditioned upon certain criteria. The company was not allowed to accelerate the warrants’ expiration because its stock price had not maintained a value of $0.75 for 10 consecutive days, as stipulated under the agreement. The court leaves the question of damages for a jury to determine.
Court: USDC Eastern District of New York, Judge: Gonzalez, Filed On: February 23, 2024, Case #: 2:20cv3880, NOS: Other Contract - Contract, Categories: Securities, Contract
J. Cadish finds the county court properly ruled in favor of the surgeon in this medical malpractice suit. The patient sustained a femoral nerve injury during a hip replacement and filed this suit alleging negligence and lack of informed consent. Though the patient says that certain expert testimony containing legal fallacies should not have been allowed, a doctor stating the surgery was properly completed, and the injury happened incidentally is not a legal fallacy. Affirmed.
Court: Nevada Supreme Court, Judge: Cadish , Filed On: February 23, 2024, Case #: 85163, Categories: Negligence, Experts, Medical Malpractice
J. Barber grants summary judgment to the employer, dismissing the employee's suit alleging that the employer retaliated against him for taking medical leave. The employee has not cited any cases holding that conduct like the employer's was sufficiently "outrageous" to qualify as intentional infliction of emotional distress, nor demonstrated that allowing law enforcement to place a tracked package in his truck without notifying him was an adverse employment action. He also has not shown that warning letters or a denial of vacation were materially adverse actions.
Court: USDC Middle District of Florida, Judge: Barber, Filed On: February 23, 2024, Case #: 8:22cv1801, NOS: Family and Medical Leave Act - Labor, Categories: Employment, Employment Discrimination, Employment Retaliation
J. Kirsch finds that the lower court properly found for the mayor in an ADA discrimination suit filed by a fire chief who's contract required him to enroll in college courses. The chief's request to waive the education condition was not a request for a reasonable accommodation for his heart condition, and he has not shown that the mayor's reason for denying him a raise was pretextual. Affirmed.
Court: 7th Circuit, Judge: Kirsch, Filed On: February 23, 2024, Case #: 22-2945, Categories: Ada / Rehabilitation Act, Employment Retaliation
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. Furman denies the arms manufacturers' motion to dismiss the state's claims that they sell products used to make "ghost guns," including unfinished frames and receivers, designed to subvert state and federal laws by allowing people to build homemade guns that lack serial numbers. The state plausibly alleges the manufacturers' products are "firearms," and the Protection of Lawful Commerce in Arms Act does not preempt its claims.
Court: USDC Southern District of New York, Judge: Furman, Filed On: February 23, 2024, Case #: 1:22cv6124, NOS: Constitutionality of State Statutes - Other Suits, Categories: Commerce, Constitution, Firearms
J. Kobes finds a lower court properly sentenced a defendant to 292 months in prison after a jury convicted him for possession with intent to distribute meth. The defendant argued that he was entitled to an acquittal for lack of evidence on two drug convictions. However, the government sufficiently showed in court that he constructively possessed and distributed meth which was located in his apartment, and that he established dominion over the residence by paying utilities and a power bill in his name. Affirmed.
Court: 8th Circuit, Judge: Kobes, Filed On: February 23, 2024, Case #: 22-3573, Categories: Drug Offender, Evidence, Sentencing
Per curiam, the Kansas Supreme Court publicly reprimands a certified court reporter for repeatedly failing to timely submit an expedited transcript to an appeals court. The court reporter argued that she did not knowingly make untrue statements concerning her job duties. However, the State Board of Examiners of Court Reporters sufficiently showed in court that she failed to meet dates of completion of transcripts after securing several extension requests without justification.
Court: Kansas Supreme Court, Judge: Per curiam, Filed On: February 23, 2024, Case #: 1721, Categories: Employment, Negligence
J. Rogers revives a former medical student’s claims that Howard University violated his civil rights when it refused to allow him to take an examination for a fourth time in light of his test-taking-anxiety disability. The three-year, rather than one-year, statute of limitations apply to his civil rights claims. Reversed in part.
Court: DC Circuit, Judge: Rogers, Filed On: February 23, 2024, Case #: 22-7103 , Categories: Civil Rights, Education
J. Harris finds the trial court erred in only dismissing some of the charges remaining against defendant after a jury found him not guilty of possessing a firearm as a felon, which he was charged with after running from police officers investigating an area where shots had been heard. The trial court properly dismissed two other firearms charges against defendant, but it should have also dismissed charges of cocaine possession and resisting an officer without violence because of their close relation to all of the other charges stemming from the same acts. The case is remanded for the trial court to dismiss defendant's remaining charges. Reversed.
Court: Florida Courts Of Appeal, Judge: Harris, Filed On: February 23, 2024, Case #: 23-0221, Categories: Drug Offender, Firearms, Resisting Arrest
J. Harris finds the trial court erred by granting the citizen's motion to block enforcement of a waiver she signed before entering a trampoline park where she suffered a permanent injury and denying the trampoline park owner's motion to compel mediation. The trial court overstepped its authority by determining the waiver was unenforceable, as that is the responsibility of an arbitrator. Since the citizen did not bring up any sufficient defense against the waiver's mediation clause, the trial court should have compelled mediation, which it is ordered to do on remand. Reversed.
Court: Florida Courts Of Appeal, Judge: Harris, Filed On: February 23, 2024, Case #: 23-1697, Categories: Mediation, Premises Liability
J. Makar finds that the trial court's order denying defendant's motion asking the clerk of court to remove her habitual traffic offender designation entered upon her no contest plea to driving with a suspended license is appealable, contrary to the state's position. Defendant may appeal the trial court's order under Florida appellate and criminal procedures, so the state's motion to dismiss the case for lack of jurisdiction is denied and the appeal will move forward.
Court: Florida Courts Of Appeal, Judge: Makar, Filed On: February 23, 2024, Case #: 23-2914, Categories: Criminal Procedure, Vehicle
J. Carroll finds the trial court improperly denied an aviation company’s post-judgment motion for reconsideration for a contract dispute against the Vermont Agency of Commerce and Community Development. The agency was granted its motion to dismiss, for failure to state a claim, the breach of contract claim related to a failed project that the lender stopped financing. The aviation company must convince the lower court to reopen the case before opening a second amended complaint to cure the deficiencies. Reversed.
Court: Vermont Supreme Court, Judge: Carroll, Filed On: February 23, 2024, Case #: 23-AP-311, Categories: Banking / Lending, Contract, Aviation
J. Baker grants the relators' petition for writ of mandamus allowing them to designate the apartment builder's engineers, real estate attorneys and contractors as responsible third parties in underlying litigation from a sale of real property. The trial court did not have the discretion to deny a timely filed motion to designate.
Court: Texas Courts of Appeals, Judge: Baker, Filed On: February 23, 2024, Case #: 03-23-00307-CV, Categories: Property, Contract
J. Luthy finds the district court improperly dismissed this contract dispute between a construction company and water supplier. The water supplier filed a lawsuit alleging the construction company connected to its water supply without paying membership fees or seeking permission. The construction firm then sued for fraud and breach of contract. The court erred when they concluded the remedy was for a “party’s failure to file a compulsory counterclaim” when the lawsuit was dismissed. Reversed.
Court: Utah Court Of Appeals, Judge: Luthy, Filed On: February 23, 2024, Case #: 20220565-CA, Categories: Civil Procedure, Property, Water
J. Christensen finds that defendant was properly convicted of gambling and making a false claim of winnings after she told casino employees she had won a $4,000 jackpot from a slot machine when her boyfriend had been the rightful winner. Evidence indicated defendant acted with intent to defraud and that she "had not made a wager contingent on winning a gambling game." Affirmed in part.
Court: Iowa Supreme Court, Judge: Christensen, Filed On: February 23, 2024, Case #: 22-0892, Categories: Fraud
J. Oxley quashes subpoenas issued to non-party legislators after the League of Latin American Citizens of Iowa challenged state election laws shortening voter registration time because the state constitution protects legislators from being compelled to produce documents when communications relate directly to the process of considering and enacting legislation.
Court: Iowa Supreme Court, Judge: Oxley, Filed On: February 23, 2024, Case #: 22–0401, Categories: Elections, Discovery
J. Parker finds that the lower court properly denied the appellants' motion to dismiss this health care liability action stemming from the death of a nursing home resident. The resident allegedly died from hypothermia after a window was left open at the assisted living facility where she lived. The nurse and the director challenge the proffered experts' qualifications "to opine on the applicable health care standards." However, the experts included two licensed nursing home administrators and a forensic pathologist. Affirmed.
Court: Texas Courts of Appeals, Judge: Parker, Filed On: February 23, 2024, Case #: 07-23-00392-CV, Categories: Health Care, Experts, Medical Malpractice
J. Seller finds the lower court correctly ruled when denying a citizen's open records request for immediate access to settlement agreements between the city and carpet/chemical manufacturers regarding pollution of the municipality’s water with PFAS, i.e. “forever chemicals.” There is currently bidding regarding a new water-treatment facility, so it is not in the public's best interest to disclose the settlements before the completion of the competitive-bid process. Affirmed.
Court: Alabama Supreme Court, Judge: Sellers, Filed On: February 23, 2024, Case #: SC-2023-0530, Categories: Public Record, Water, Business Practices
J. Jarbou finds that U.S. Patent 11,348,491, a utility patent for a school bus sign, infringed a competitor's sign because an ordinary person would conclude the sign's lighting and framing were substantially similar to the competitor's work.
Court: USDC Western District of Michigan, Judge: Jarbou, Filed On: February 23, 2024, Case #: 1:22cv915, NOS: Patent - Property Rights, Categories: Patent
J. Breedlove finds that the lower court improperly granted summary judgment in favor of the appraisal district in this dispute over a certain property tax. The parties' agreement did not indicate that the property owner "agreed to a valuation of the property during the relevant tax year or that it intended to waive its right to challenge the District's valuation." Reversed.
Court: Texas Courts of Appeals, Judge: Breedlove, Filed On: February 23, 2024, Case #: 05-23-00270-CV, Categories: Real Estate, Tax
J. Raphael finds the trial court properly denied defendant’s motion to vacate his voluntary manslaughter conviction after he pleaded guilty to a murder charge. The man claims he was not alone when he stabbed the victim, and that he was defending himself. The investigators recounted the admission that he acted alone, and nothing suggested there was an accomplice. Affirmed.
Court: California Courts Of Appeal, Judge: Raphael, Filed On: February 23, 2024, Case #: E080611, Categories: Murder, Sentencing, Manslaughter