169 results for 'filedAt:"2024-03-13"'.
J. D'Auria finds that under this court's precedent in State v. Arroyo, defendant cannot make a legal challenge to the inconsistent verdicts rendered by the jury in his trial on home invasion and burglary charges. Any such claim must be made before the trial court immediately upon the conclusion of the trial. Meanwhile, the trial court properly denied defendant's motion for a mistrial following a 25-day delay during jury deliberations after he was exposed to and contracted Covid-19. Although the delay increased the likelihood of jurors forgetting each side's arguments or rushing to a verdict, there was no other reasonable alternative during the pandemic. Affirmed.
Court: Connecticut Supreme Court, Judge: D'Auria, Filed On: March 13, 2024, Case #: SC20688, Categories: Burglary, Criminal Procedure, Jury
J. Carr denies the newspapers' motion to dismiss, ruling their disclosure of subscribers' personal information to Meta whenever they interacted with a video on the newspapers' websites constitutes a concrete injury and gives the subscribers standing to pursue claims under the Video Privacy Protection Act. Meanwhile, the subscribers are considered consumers under the Act because the purpose of their accounts and submission of personal data is to access the newspapers' main business, the distribution of news, including the videos, which are not ancillary services.
Court: USDC Northern District of Ohio, Judge: Carr, Filed On: March 13, 2024, Case #: 3:23cv302, NOS: Other Statutory Actions - Other Suits, Categories: Consumer Law, Privacy, Class Action
J. Virden finds the workers compensation commission properly awarded the prison mental health advisor a permanent anatomical impairment rating. The rating of 10% impairment was awarded for both the advisor's wrists for her compensable injury of carpel tunnel syndrome. Though the department argues there were no objective physical findings after surgery, there is still no requirement that medical testimony be based solely on objective findings. The record contains all necessary supporting findings. Affirmed.
Court: Arkansas Court Of Appeals, Judge: Virden , Filed On: March 13, 2024, Case #: CV-23-30 , Categories: Evidence, Health Care, Workers' Compensation
J. Brown finds the circuit court properly granted the final decree for stepparent adoption. The biological father was convicted on mail fraud charges after the parents divorced. The mother then moved out-of-state with the couple's child and remarried. The biological father's consent to adoption by the stepfather was not required because he had failed without justifiable cause to communicate with the child for a one-year period. The adoption is correctly found to be in the child's best interest. Affirmed.
Court: Arkansas Court Of Appeals, Judge: Brown , Filed On: March 13, 2024, Case #: CV-23-172, Categories: Family Law, Guardianship
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J. Hoyle finds the trial court properly ruled in favor of the dog attack victim. Though the dogs were kept on adjoining properties, and there were questions as to who was in actual possession of them as well as who controlled the property, the jury found certain property owners to share in certain percentages of negligence. One of the owners, however, lacked superior ability to control the property, and the evidence is legally insufficient to support a finding of negligence as to this owner. Reversed in part.
Court: Texas Courts of Appeals, Judge: Hoyle , Filed On: March 13, 2024, Case #: 12-22-00297-CV, Categories: Property, Tort, Negligence
J. Griesbach grants the motion to dismiss from the members of the state elections commission in a lawsuit from an "election integrity" group claiming the members unlawfully dismissed the group's two administrative complaints claiming violations of the Help America Vote Act through mishandling overseas absentee votes and improperly maintaining Wisconsin's voter registration database. The group has failed to establish Article III standing because they have proven no concrete harm, but their complaint will be dismissed without prejudice.
Court: USDC Eastern District of Wisconsin, Judge: Griesbach, Filed On: March 13, 2024, Case #: 1:23cv1416, NOS: Other Civil Rights - Civil Rights, Categories: Administrative Law, Elections
J. Toth denies the veteran's petition for a writ of mandamus seeking to prevent Veterans Affairs from limiting his continued entitlement to post-9/11 GI Bill education benefits while his administrative appeal proceeds. Though he said he will suffer irreparable harm if the issue was not resolved before the fall 2023 semester, he can still appeal any future adverse agency decision affecting the benefits, and so has an adequate alternative means of relief. Threat of irreparable harm has been removed by action that correctly calculated the veteran's eligibility for continued benefits before the semester began.
Court: Court Of Appeals For Veterans Claims, Judge: Toth , Filed On: March 13, 2024, Case #: 23-2589, Categories: Education, Veterans, Due Process
J. Jennings grants partial discovery to plaintiff trust owners in fiduciary duty claims by requiring defendant, the other trust owner, to produce documents related to a pair of prior business transactions. However, sanctions are not warranted because defendant did not act in bad faith when he originally declined to produce the evidence.
Court: USDC Western District of Kentucky, Judge: Jennings, Filed On: March 13, 2024, Case #: 3:21cv289, NOS: Other Personal Injury - Torts - Personal Injury, Categories: Sanctions, Trusts, Discovery
J. Davenport dismisses the wife's petition for leave to appeal the lower court's denial of her request to transfer a post-dissolution proceeding from Will County to Grundy County. The appeal is untimely, as her motion to reconsider before the lower court did not toll the 30-day deadline to appeal.
Court: Illinois Appellate Court, Judge: Davenport, Filed On: March 13, 2024, Case #: 240103, Categories: Civil Procedure, Family Law
J. Garland declines to exclude certain expert testimony in the corrections officer's complaint alleging that he became ill as a result of mold exposure in the basement of the corrections center. The government's expert has a doctorate degree and more than 20 years of experience conducting scientific research and leading teams in various fields, including public health and mold remediation, so he is qualified to testify at trial about the mold levels at the center.
Court: USDC Southern District of California, Judge: Houston, Filed On: March 13, 2024, Case #: 3:19cv2138, NOS: Amer w/Disabilities-Employment - Civil Rights, Categories: Ada / Rehabilitation Act, Employment, Experts
J. van Cleef finds the lower court properly granted summary judgment to an heir in this matter of property ownership. A tract of land was divided between three children of a decedent, then two of the three children died. The one remaining child conveyed the property to a couple, who then sold the property to a foundation. The documented heir of one of the deceased children contested the sale of the property, and the lower court found her to be the rightful half owner of the tract. On appeal, the foundation argues it is the sole owner of the property because they purchased it in good faith, but the instant court agrees with the lower court’s finding that the heir is one-half owner of the tract. Affirmed.
Court: Texas Courts of Appeals, Judge: Van Cleef, Filed On: March 13, 2024, Case #: 06-23-00073-CV, Categories: Property, Wills / Probate
J. Joyce finds the trial court erred in denying defendant’s request for consultation with a community mental health program director but finds the error was harmless. “Court concluded that defendant did not have a qualifying mental disorder and thus declined to find that he was unfit to proceed. Defendant has not challenged that ruling.” Affirmed.
Court: Oregon Court of Appeals, Judge: Joyce, Filed On: March 13, 2024, Case #: A177517, Categories: Firearms, Menacing
J. Jacquot finds the trial court properly denied defendant’s motion to dismiss a reckless-endangering charge pursuant to a civil compromise. “Justice would be better served by proceeding with the prosecution than by dismissing the case, due to its concerns about the propriety of allowing compromises between minor victims and their parents.” Affirmed.
Court: Oregon Court of Appeals, Judge: Jacquot, Filed On: March 13, 2024, Case #: A177681, Categories: Dui
J. Biggs grants in part one insurance firm’s motion for summary judgment in a suit where a second insurer sued the first for the partial cost of a fire claim in some underlying suits. Four apartment residents died of smoke inhalation after calling a county emergency communications center and receiving the advice not to open any windows, but to “hunker down” until emergency services arrived. The victims’ families’ sued the communications center and staff for $9 million total, but the first firm refused to contribute to the settlement. Its policy on excess coverage allows it to escape having to contribute more than $1 million on the claim.
Court: USDC Middle District of North Carolina, Judge: Biggs, Filed On: March 13, 2024, Case #: 1:22cv404, NOS: Insurance - Contract, Categories: Insurance, Wrongful Death, Contract
[Consolidated.] J. Biggs denies the state board of elections’ motion for summary judgment in an ongoing suit brought by the NAACP for alleged voting rights violations. While the board argues that the NAACP fails to demonstrate that things like requiring voters to have photo identification has racially discriminatory intent, the NAACP is correct that such requirements have historically been dsicriminatory. This and other genuine disputes of fact still exist.
Court: USDC Middle District of North Carolina, Judge: Biggs, Filed On: March 13, 2024, Case #: 1:18cv1034, NOS: Voting - Civil Rights, Categories: Civil Rights, Elections, Government
J. Whitney partially denies a fire security firm’s motion for judgment on the pleadings following race discrimination allegations brought by a former fire sprinkler inspector. The inspector, a Black man, argues the firm allowed him to keep a water backflow testing business on the side upon hire, but five years later, used this as an excuse to fire him. White staff members, he claims, who also had similar side businesses were not penalized or fired and also enjoyed regular reviews and raises while the inspector only got one raise after two years of “begging.” The inspector’s claim are sufficient to proceed.
Court: USDC Western District of North Carolina, Judge: Whitney, Filed On: March 13, 2024, Case #: 3:23cv304, NOS: Employment - Civil Rights, Categories: Employment, Employment Discrimination, Employment Retaliation
J. Fox finds that the lower court properly determined that there was enough evidence to find that a mother had neglected her infant son. Evidence on the record from the infant's hospital records showed the baby was being underfed and dangerously underweight, and once he was placed in foster care, he gained a significant amount of weight and was doing well developmentally. These facts, taken as whole, supported the lower court's findings that the infant was being neglected while in the care of his mother. Affirmed.
Court: Wyoming Supreme Court, Judge: Fox, Filed On: March 13, 2024, Case #: S-23-0231, Categories: Family Law
J. Joyce finds the trial court erred by failing to suppress evidence. “The officers’ reasonable suspicion of kidnapping had dissipated before the officers developed reasonable suspicion that defendant was a felon in possession of body armor.” Reversed.
Court: Oregon Court of Appeals, Judge: Joyce, Filed On: March 13, 2024, Case #: A177524, Categories: Evidence, Firearms, Search
J. Joyce finds the trial court properly sentenced defendant for rape and sodomy convictions. “Whether defendant and the victim had a consensual relationship is immaterial, given that a jury found that defendant raped and sodomized the victim while she was incapacitated and therefore unable to consent.” Affirmed.
Court: Oregon Court of Appeals, Judge: Joyce, Filed On: March 13, 2024, Case #: A178252, Categories: Sentencing, Sex Offender
J. Watkins finds that the trial court properly ruled in favor of the hospital and the doctor in a breach of contract and declaratory and injunctive relief action brought by the clinic. The trial court correctly found that the doctor was not bound by a non-compete provision in an amended employment agreement. The agreement terminated after the doctor gave written notice of his intent to terminate his employment with the clinic in August 2020. The revised portion of the agreement featuring the non-compete provision would not have become effective until September 2020, after the agreement had already been terminated. The provision therefore never went into effect. Affirmed.
Court: Georgia Court of Appeals, Judge: Watkins, Filed On: March 13, 2024, Case #: A23A1627, Categories: Contract
J. Gaziano supports the lower court’s decision to deny defendant’s motion to stay execution of his sentence. While his appeal has a high likelihood of success, his history of frequent travel to foreign countries and his connections are evidence that he could be a flight risk and his history of violent, impulsive, racially motivated attacks is evidence that he poses a danger to others. Affirmed.
Court: Massachusetts Supreme Court, Judge: Gaziano, Filed On: March 13, 2024, Case #: SJC-13428, Categories: Evidence, Sentencing
Per curiam, the appellate division finds that the lower court properly denied the fired employee's motion to vacate an arbitration ruling upholding his termination. The employee lacks standing to seek vacatur of the arbitration determination, because his union was a party to the action, not him personally. Affirmed.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: March 13, 2024, Case #: 01302, Categories: Arbitration, Labor