219 results for 'filedAt:"2024-02-28"'.
J. Marcotte finds that the trial court properly denied a mother's request to relocate the parties' child and awarded joint custody with the father named as domiciliary parent. The mother has not shown that it is in the child's best interest to move to Kansas, and the father was able to provide a permanent stable home in the city that the child has always resided in. Also, there was evidence of the mother's unwillingness to communicate with the father in the past regarding visitation. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Marcotte, Filed On: February 28, 2024, Case #: 55,653-CA, Categories: Evidence, Family Law
J. Ellender finds that defendant was properly convicted of manslaughter and possession of a firearm by a convicted felon. Defendant's challenge to a juror was properly denied because the juror indicated he could be fair and impartial, despite his connections to law enforcement. Further, defendant's 70-year sentence was proper based on his extensive criminal history, including drug possession and battery charges, and the fact that the victim was killed without justification. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Ellender, Filed On: February 28, 2024, Case #: 55,289-KA, Categories: Jury, Sentencing, Manslaughter
J. Ellender finds that defendant was properly sentenced to concurrent sentences of 30 years at hard labor, without benefits, on two counts of pornography involving juveniles under the age of thirteen. In this case, defendant's plea bargain on two counts of underage pornography was reduced from the original charge of over 2,000 counts. The large amount of images and videos seized from defendant's devices supports the sentence and shows defendant's deep and troubling involvement in child pornography. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Ellender, Filed On: February 28, 2024, Case #: 55,553-KA, Categories: Sentencing, Sex Offender
J. Deavers denies the employer's motion to dismiss, ruling that while the bankruptcy trustee of the Japanese employee is the actual party-in-interest for any discrimination claims, dismissal would be an extreme remedy. The trustee is likely unaware of the suit and, therefore, the trustee will be notified of this action and given 30 days to pursue joinder or substitution.
Court: USDC Southern District of Ohio, Judge: Deavers, Filed On: February 28, 2024, Case #: 2:22cv290, NOS: Employment - Civil Rights, Categories: Civil Procedure, Employment Discrimination
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J. Dales finds the bankruptcy court properly excluded the deposition of the principal witness during bankruptcy proceedings. Although both parties agreed to end the deposition early because of the witness's illness, which led to his death before the deposition could be resumed, there was no cross-examination and, therefore, the testimony was incomplete and one-sided. Affirmed.
Court: 6th Circuit, Judge: Dales, Filed On: February 28, 2024, Case #: 23-8004, Categories: Bankruptcy, Civil Procedure, Evidence
J. Windhorst finds that the trial court should not have granted a landlord's motion for involuntary dismissal of the tenant's breach of lease action over the failure to use the tenant's lease payments to pay off the principal balance on the property. The lease agreement shows that the monthly rental payment was the equivalent of the “monthly debt service” as calculated for the repayment of principal and interest constituting the mortgage indebtedness, plus the lessor's fee. Also, the tenant purchased an option to buy the leased property at any time for the specified price of “that amount necessary to pay off in full of the mortgage indebtedness." Reversed in part.
Court: Louisiana Court Of Appeal, Judge: Windhorst, Filed On: February 28, 2024, Case #: 23-CA-253, Categories: Landlord Tenant, Contract
J. Windhorst finds that defendant was properly convicted of possession of a firearm by a convicted felon and resisting an officer. The restriction on defense counsel's closing statements was proper after the defense counsel attacked the criminal justice system in its entirety and alleged that “all of us have done something improper” in his initial closing statements. Defense counsel’s comments regarding the criminal justice system and additional facts of defendant’s previous convictions were not related to the evidence admitted in this case. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Windhorst, Filed On: February 28, 2024, Case #: 23-KA-308, Categories: Criminal Procedure, Firearms
J. Windhorst finds that defendant was properly convicted of forcible rape of a known juvenile and sexual battery. The victim, defendant's biological daughter, testified to three incidents in which defendant forced her to have sex with him without consent, and that defendant touched her vagina without consent when she was thirteen or fourteen years old on three or four occasions. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Windhorst, Filed On: February 28, 2024, Case #: 23-KA-331, Categories: Evidence, Sex Offender
J. Molaison finds that defendant was properly convicted of sexual battery. The record shows that defendant was present for all critical stages of the proceedings and that there is no constitutional infirmity in defendant's guilty plea. The transcript of the plea colloquy shows that defendant was aware that he was pleading guilty to sexual battery. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Molaison, Filed On: February 28, 2024, Case #: 23-KA-351, Categories: Evidence, Sex Offender, Plea
J. Chehardy finds that defendant was properly convicted of aggravated assault with a firearm. There was testimony that defendant entered a convenience store and made threats, then returned waving a firearm at the workers behind the counter. One of the victims testified that defendant threatened to kill another victim twice and that the victim told her, "I could have lost my life" after the crime. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Chehardy, Filed On: February 28, 2024, Case #: 23-KA-376, Categories: Evidence, Assault
J. Jolivette Brown grants a request by an insurance company, dismissing a homeowner’s contract claims arising from her hurricane-related property damages. The policy was issued to the mortage lender. The homeowner, as mortgagor, has not established she is entitled to any benefits from the policy. She unsuccessfully argues the remaining balance on the mortgage is $695,000 and, because the policy limit of $1 million exceeds the mortgage balance by $387,000, the lower, remaining amount is intended to benefit her. The policy does not contain a provision stating that any excess payment would be given to the mortgagor.
Court: USDC Eastern District of Louisiana , Judge: Jolivette Brown, Filed On: February 28, 2024, Case #: 2:23cv6691, NOS: Insurance - Contract, Categories: Insurance, Fiduciary Duty, Contract
J. Papillion grants summary judgment to a children’s hospital, dismissing an employee’s Title VII religious discrimination complaint arising from her nine-day suspension for failing to get a Covid-19 vaccination. Her suspension was lifted and accommodations were made after the last of her four affidavits articulated a bona fide religious belief that conflicted with the hospital’s vaccine requirement. The first three sworn statements included largely disjointed legal maxims, bible verses and portions of the Nuremberg Code on human experiments. The successful fourth affidavit finally stated the employee believes she is “a creation of the one true Creator Almighty,” and that “the body is the temple of the Holy Spirit and as such should not be used for medical experimentation.”
Court: USDC Eastern District of Louisiana , Judge: Papillion, Filed On: February 28, 2024, Case #: 2:22cv4757, NOS: Employment - Civil Rights, Categories: Evidence, Health Care, Covid-19
J. Cooper confirms an arbitration award in favor of a postal police officer's union concerning the USPS's issuance of a directive, which said postal police officers were not supposed to exercise their powers off grounds, that violated the parties' collective bargaining agreement. Upon remand, the arbitrator must "hash out the parties' differences" concerning USPS's compliance with the arbitrator's prior ruling.
Court: USDC District of Columbia, Judge: Cooper, Filed On: February 28, 2024, Case #: 1:23cv675, NOS: Other Labor Litigation - Labor, Categories: Arbitration, Employment, Labor / Unions
J. Grosjean denies, in part, a sheriff department’s motion for summary judgment on an individual’s claims arising from his arrest. There are questions of fact regarding his claims for assault, battery, false imprisonment and intentional infliction of emotional distress.
Court: USDC Eastern District of California, Judge: Grosjean, Filed On: February 28, 2024, Case #: 1:17cv1446, NOS: Other Civil Rights - Civil Rights, Categories: Emotional Distress, Assault, Police Misconduct
J. O'Connor denies, in part, a bank's motion to dismiss the couple's quiet title action in a property dispute. The couple plausibly alleges the bank has no claim to the property based, in part, on their possession of the property beyond the five-year possession period.
Court: USDC Northern District of Texas , Judge: O'Connor, Filed On: February 28, 2024, Case #: 4:24cv85, NOS: All Other Real Property - Real Property, Categories: Property, Banking / Lending
J. Emas finds the trial court partially erred in granting summary judgment to the security firm in the lawsuit from the insurance companies over unpaid premiums. Although the affidavit, invoices and other evidence the firm introduced met its evidentiary burden as to the insurance companies' counts of open account and account stated, the firm's failure to attach the underlying insurance policies means it did not meet its burden as to the companies' breach of contract count, so the trial court's order is reversed as to that count and the case is remanded for more proceedings. Affirmed in part.
Court: Florida Courts Of Appeal, Judge: Emas, Filed On: February 28, 2024, Case #: 23-0594, Categories: Insurance, Contract
J. Christen finds that the district court improperly entered conviction for conspiring to possess a destructive device in furtherance of a crime of violence and aiding and abetting the same. The conviction could not stand under precedent of the Supreme Court in USA v. Davis. However, defendant was properly convicted for conspiring to use a weapon of mass destruction. The matter involves a Syrian national's involvement in a conspiracy that targeted U.S. military personnel and property in Iraq. Affirmed in part.
Court: 9th Circuit, Judge: Christen , Filed On: February 28, 2024, Case #: 18-10435, Categories: Conspiracy, Terrorism
J. Aoyagi finds the trial court properly sentenced defendant, convicted of a total of nine sex crimes against two children. “Defendant committed the acts when he was 16 years old but he was not charged until he was an adult…[and] he went directly into adult court, rather than being waived into adult court.” Affirmed.
Court: Oregon Court of Appeals, Judge: Aoyagi, Filed On: February 28, 2024, Case #: A178968, Categories: Sentencing, Sex Offender, Child Victims
J. Aoyagi finds the trial court properly dismissed complaints. The court “correctly construed HB 4212 as extending the statutes of limitations through December 31, 2021, and consequently did not err in dismissing the complaints.” Affirmed.
Court: Oregon Court of Appeals, Judge: Aoyagi, Filed On: February 28, 2024, Case #: A179835, Categories: Negligence, Covid-19
J. Aoyagi finds the juvenile court erred in asserting dependency jurisdiction over a father’s two children. “DHS failed to prove that the requirements for dependency jurisdiction were met.” Reversed.
Court: Oregon Court of Appeals, Judge: Aoyagi, Filed On: February 28, 2024, Case #: A180870, Categories: Family Law
J. Joyce finds the trial court properly denied defendant’s demurrer, in which he argued that the indictment was deficient because it did not name the victim of the crime alleged. “The identity of the victim is not an essential element of the crime.” Affirmed.
Court: Oregon Court of Appeals, Judge: Joyce, Filed On: February 28, 2024, Case #: A178481, Categories: Weapons
J. Quattlebaum upholds the dismissal of two parents’ claims challenging the constitutionality of their county school board’s election process for choosing a high school student-member of the board. It does not violate the free exercise of religion because the county does not allow any sort of private school, religious or nonreligious, to participate in selecting the student member. It does not violate the equal protection clause because the process does not need to conform to the principle of “one person, one vote,” as prospective student members do not participate in a popular election but instead are appointed for what is essentially a civics laboratory. Affirmed.
Court: 4th Circuit, Judge: Quattlebaum, Filed On: February 28, 2024, Case #: 22-2294, Categories: Education, Elections, Equal Protection
J. Heytens upholds the lower court’s finding that the Maryland company that rented nine people a pontoon is not liable for their injuries in a boating accident when the boat motor failed, resulting in a collision with a bridge that capsized the vessel. The boaters couldn’t show how the accident resulted from the renter’s own negligence. Affirmed.
Court: 4th Circuit, Judge: Heytens, Filed On: February 28, 2024, Case #: 23-1312, Categories: Negligence
J. Agee finds that the district court should not have granted habeas relief to defendant, who said his guilty plea was not knowing and voluntary because he was not briefed on the nature and elements of the offenses he was charged with. The state court disagreed with him, and the federal district court should not have overridden the state court’s judgment, as a “highly deferential” standard was required. Reversed.
Court: 4th Circuit, Judge: Agee, Filed On: February 28, 2024, Case #: 23-6179, Categories: Habeas, Plea
J. McFadden finds that the trial court improperly ruled in favor of the trustees on the buyers' breach of contract claim in an action seeking specific performance of an option agreement to buy the trustees' property. The trial court incorrectly found that the option agreement was unenforceable for lack of consideration based on the buyers' failure to pay a $1,000 consideration. The agreement was enforceable and required the trustees to sell the property to the buyers upon timely exercise of the option. Reversed in part.
Court: Georgia Court of Appeals, Judge: McFadden, Filed On: February 28, 2024, Case #: A23A1586, Categories: Contract
J. Cho awards the prevailing litigant in a civil rights action $268,547 in attorney fees and $5,282 in costs after jury found in favor of a Rikers Island inmate who says he was assaulted by two corrections officers, awarding him $1.5 million in damages. The court reduces his counsel’s requested hourly rate of $550 to a more reasonable $450 per hour.
Court: USDC Eastern District of New York, Judge: Cho, Filed On: February 28, 2024, Case #: 1:17cv6349, NOS: Other Civil Rights - Civil Rights, Categories: Tort, Attorney Fees, Prisoners' Rights