161 results for 'filedAt:"2024-03-19"'.
J. Gilbert rules an insurance company has a duty to defend a trusses service company on behalf of an employee, who may have prematurely released the truss's crane, which resulted in its collapse. The truss company sufficiently showed in court that the insurer is obligated to provide coverage for attached machinery to the employee's truck, which is not considered an "auto."
Court: USDC Southern District of Illinois, Judge: Gilbert, Filed On: March 19, 2024, Case #: 3:21cv497, NOS: Insurance - Contract, Categories: Employment, Insurance, Contract
J. Cobbs finds that the lower court improperly found defendant guilty of possession of a stolen motor vehicle. The evidence presented at trial is "so unsatisfactory" that it creates reasonable doubt of defendant's guilty. Reversed.
Court: Illinois Appellate Court, Judge: Cobbs, Filed On: March 19, 2024, Case #: 221875, Categories: Evidence, Vehicle
J. Boie finds that the lower court improperly denied defendant's petition for pretrial release on child pornography charges. There is no provision permitting the court to sua sponte consider the denial of pretrial release absent the state's filing of a verified petition. Reversed.
Court: Illinois Appellate Court, Judge: Boie, Filed On: March 19, 2024, Case #: 240041, Categories: Bail, Child Pornography
J. Kiley finds a lower court improperly awarded a former caregiver worker unemployment benefits after the death of a client. The former client's care giver argued that she was entitled to benefits based on claims that she did not quit or was discharged. However, neither party had the opportunity in court to resolve whether or not she was an actual employee after the ALJ interrupted her in the proceedings. Vacated.
Court: Arizona Court Of Appeals Division One, Judge: Kiley, Filed On: March 19, 2024, Case #: 1 CA-UB 22-42, Categories: Employment, Evidence, Health Care
J. Stadtmueller enters a default judgment against the musical instrument retailer in the consumer's lawsuit alleging the retailer's website is unlawfully inaccessible to legally blind individuals such as herself, seeing as how the consumer has sufficiently alleged her claims under Title III of the Americans with Disabilities Act. Injunctive relief is granted to the consumer in that the retailer is ordered to have testing performed by people with visual disabilities to evaluate whether its website is compliant with applicable rules, and the consumer's motion for nominal damages is denied.
Court: USDC Eastern District of Wisconsin, Judge: Stadtmueller, Filed On: March 19, 2024, Case #: 2:23cv1215, NOS: Amer w/Disabilities - Other - Civil Rights, Categories: Ada / Rehabilitation Act, Technology
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J. Ledet finds that the trial court should not have found for a lessee's rule to evict an alleged occupant from a boathouse property. In this case, the boathouse is leased through a lease with the Lakefront Management Authority. There is no record of a lease to which the occupant is a party. Reversed.
Court: Louisiana Court Of Appeal, Judge: Ledet, Filed On: March 19, 2024, Case #: 2023-CA-0644, Categories: Landlord Tenant, Property
J. Sannes declines to issue a temporary restraining order which would prohibit a healthcare provider from soliciting clinicians from an anesthesia management company following the litigant’s decision to terminate their agreement for anesthesia services. The court finds the the company’s allegations that patient care will be impacted speculative and conclusory, and further finds any potential losses could be remedied with money damages.
Court: USDC Northern District of New York, Judge: Sannes, Filed On: March 19, 2024, Case #: 5:24cv276, NOS: Antitrust - Other Suits, Categories: Health Care, Restraining Order
J. Dorsey awards the litigation support company $217,500 in damages in this trademark infringement suit. The infringing company waived its unenforceable penalty defense because of its failure to raise it in a timely manner, which materially prejudiced the other company's ability to obtain and present evidence. The liquidated-damages provision entitles the company to the award.
Court: USDC Nevada, Judge: Dorsey , Filed On: March 19, 2024, Case #: 2:20cv2035, NOS: Trademark - Property Rights, Categories: Evidence, Trademark, Damages
J. Russell partially grants cross-motions to dismiss for failure to state a claim in this ongoing suit concerning breach of contract and trade secrets between an insurer and a former employee. The employee argues the non-solicitation restrictions shouldn’t be enforceable because Maryland courts generally do not favor “agreements that restrict former employees from soliciting all clients of a former employer, rather than only those with whom the former employer worked directly.” However, the company does not allege the employee’s position within the company, her sales or exposure to customers making the agreement overbroad and unenforceable as matter of state law. The employee must answer the complaint.
Court: USDC Maryland, Judge: Russell, Filed On: March 19, 2024, Case #: 1:23cv961, NOS: Defend Trade Secrets Act of 2016 (DTSA) - Property Rights, Categories: Civil Procedure, Trade Secrets, Contract
J. Sullivan finds that the lower court improperly quashed two counts against defendant for delivery of a controlled substance after he filed a habeas corpus petition seeking dismissal and disclosure of the identity of the confidential informant. Pennsylvania’s confidential informant being willing to testify that defendant was dealing methamphetamines is sufficient to link defendant to the counts. Reversed.
Court: Pennsylvania Superior Court, Judge: Sullivan, Filed On: March 19, 2024, Case #: J-S45038-23, Categories: Criminal Procedure, Drug Offender, Evidence
J. Witt finds that the lower court properly quieted title in an easement between the parties' properties, defining the easement according to a 2008 survey and ordering the plaintiffs not to interfere with the defendants' use of the easement for ingress and egress of their land-locked property. The existing private road was only 30 feet across, but testimony supported a finding that a 40-foot easement is the standard for most counties. Affirmed.
Court: Missouri Court Of Appeals, Judge: Witt, Filed On: March 19, 2024, Case #: WD86164, Categories: Property
Per curiam, the appellate division finds that the lower court improperly denied the leaser's motion to dismiss a counterclaim for breach of contract filed by the lessee of an aircraft engine. Under the terms of the contract, the lessee unconditionally agreed to waive all rights and damages with regard to the engine other than claims based on willful misconduct on the part of the leaser. Reversed.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: March 19, 2024, Case #: 01513, Categories: Business Practices, Contract
Per curiam, the appellate division finds that the lower court properly granted the city housing department's motion to dismiss the property owner's suit seeking to relitigate the question of whether the department could be compelled to issue a cure completion certificate. The property owner agreed to submit to the department's discretion on this issue under the cure agreement, and the issue is therefore barred by res judicata. Affirmed.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: March 19, 2024, Case #: 01501, Categories: Administrative Law, Housing
J. Troutman finds that the appellate division properly vacated defendant's conviction for first-degree murder in a gang-related slaying after finding that an element of the crime was not supported by legally sufficient evidence. While testimony showed defendant boasted of stabbing the teenage victim in the neck, and he and his co-defendants engaged in a "course of conduct" that included using knives and machetes, missing was the necessary first-degree element of taking pleasure in delivering the fatal wound that caused the victim to bleed out while trying to get to a hospital. Affirmed in part.
Court: New York Court Of Appeals, Judge: Troutman, Filed On: March 19, 2024, Case #: 21, Categories: Intent, Murder
J. Garcia finds that the appellate division properly held that defendant's actions in strangling and beating a woman to death met the threshold of torture to support a conviction for first-degree murder. The woman's severe injuries, her acknowledged abusive relationship with defendant, and an inadvertent recording of their last encounter were sufficient proof for a rational jury to find that defendant took pleasure in inflicting extreme pain on her in the fatal attack. Affirmed.
Court: New York Court Of Appeals, Judge: Garcia, Filed On: March 19, 2024, Case #: 22, Categories: Intent, Murder
J. Yarbrough finds that the lower court properly terminated the father's parental rights to his son. Contrary to the father's argument on appeal, the evidence sufficiently supports the finding that he "constructively abandoned" the child. The evidence specifically shows that he "failed to maintain any contact" with the child. Affirmed.
Court: Texas Courts of Appeals, Judge: Yarbrough, Filed On: March 19, 2024, Case #: 07-23-00452-CV, Categories: Civil Procedure, Family Law
J. Hall denies the insurer's motions for summary judgment in a declaratory judgment action claiming that it has no duty to defend or indemnify the insured in an underlying lawsuit arising from defects in a mobile home assembled by the insured. The insurer failed to show that the home was defective before the insured assembled it or that the damage to the home was not property damage under the policy. The insurer also failed to show that business risk exclusions in the policy apply to the underlying claims against the insured. A question of fact exists as to whether the insured had complete dominion over the home and it is not clear that the damages claimed were to the part of the home the insured assembled.
Court: USDC Southern District of Georgia, Judge: Hall, Filed On: March 19, 2024, Case #: 6:22cv43, NOS: Insurance - Contract, Categories: Insurance
J. Smith dismisses the appeal for lack of its jurisdiction to review a denied, procedurally improper motion for declaratory judgment. The investment broker was sued by the Securities and Exchange Commission for fraudulently offering and selling life settlement interests. No change in law or facts call for the court to exercise its discretion to modify the decrees. A motion for declaratory judgment is not properly before the court as a motion, but as a separate action.
Court: 5th Circuit, Judge: Smith , Filed On: March 19, 2024, Case #: 23-10525, Categories: Fraud, Securities, Due Process
J. Nagala grants, in part, the deckhand's motion for conditional class certification, ruling the four employee declarations regarding the employer's refusal to compensate them for time spent moving boats to and from jobsites, which deprived them of overtime pay, are sufficient at this stage to demonstrate a workplace policy that violates the Fair Labor Standards Act.
Court: USDC Connecticut, Judge: Nagala, Filed On: March 19, 2024, Case #: 3:23cv46, NOS: Fair Labor Standards Act - Labor, Categories: Evidence, Class Action, Labor