167 results for 'filedAt:"2024-03-20"'.
J. Miller finds the trial court did not err in its decision authorizing the disbursement of proceeds from the partition and sale of two condo units the ex-boyfriend and ex-girlfriend shared during their relationship. The trial court was not mandated by statutes to handle the sale proceeds in any other way than the way it handled them, that is by placing certain fees due to the ex-girlfriend in trust and dispersing the ex-boyfriend his remaining share. Affirmed.
Court: Florida Courts Of Appeal, Judge: Miller, Filed On: March 20, 2024, Case #: 23-1095, Categories: Property, Contract
J. Schiltz partially dismisses the postal service and its chief's motion for summary judgment in the Black former employee's suit against them alleging race discrimination connected to a fellow employee's lengthy and often bizarre campaign of harassment against him and his wife, also employed by the postal service. A jury could find in the employee's favor on his hostile-environment claim, since the harassment was persistent, involving several incidents, and could be characterized as severe, and that the employer did not adequately respond to the employee's complaints. The employee has not, however, shown that he was terminated for behavior that other similarly situated employees engaged in without consequence.
Court: USDC Minnesota, Judge: Schiltz, Filed On: March 20, 2024, Case #: 0:21cv1134, NOS: Employment - Civil Rights, Categories: Employment, Employment Discrimination
J. Rufe grants a realty company's motion to dismiss this suit filed by a franchise company, alleging it breached the parties’ lease by failing to alert them that they were legally barred from opening a franchise store in the historic district of New Hope, Pennsylvania. The tenant failed to present any facts establishing that the landlord had a duty to alert them of local laws.
Court: USDC Eastern District of Pennsylvania, Judge: Rufe, Filed On: March 20, 2024, Case #: 2:23cv2193, NOS: Other Contract - Contract, Categories: Fraud, Property, Contract
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J. Ortego finds that defendant was improperly convicted of failure to seek assistance relating to the death of her dating partner from a drug overdose. The evidence did not show that defendant was aware of the drugs her partner had ingested or had sufficient knowledge that she had suffered serious bodily injury. Defendant is acquitted. Reversed.
Court: Louisiana Court Of Appeal, Judge: Ortego, Filed On: March 20, 2024, Case #: KA-23-523, Categories: Criminal Procedure, Evidence
J. Alvarez conditionally grants a medical liability trust's petition opposing the deposition of a patient who is suing a doctor the trust refused to defend against the patient's claims. The trial court's improperly granted the doctor's motion to compel the deposition in his declaratory action against the trust, as it failed to correctly analyze and apply the law, and compelling the deposition exceeded the scope of discovery. Reversed.
Court: Texas Courts of Appeals, Judge: Alvarez, Filed On: March 20, 2024, Case #: 04-23-00779-CV , Categories: Insurance, Discovery
J. Rowland partially grants both a commuter rail service’s and a construction company’s motions for summary judgment on damage claims. This case is a contract dispute between the parties over a rail replacement project that the commuter rail paid the construction company to undertake. The construction company finished the project long after its contractual deadline, but it alleges that the delay was partly the commuter rail service’s own fault. The court will allow the commuter rail service to seek damages for structural steel storage, crosshole sonic logging testing, field office credit, additional review and subcontractor mechanic liens. The construction company can pursue damages for late payments plus interest.
Court: USDC Northern District of Illinois, Judge: Rowland, Filed On: March 20, 2024, Case #: 1:20cv2901, NOS: Other Contract - Contract, Categories: Construction, Damages, Contract
J. Hendrix denies, in part, a detention center operator's motion to dismiss a son's claims arising from the death of his father, a detainee. He has sufficiently pleaded certain wrongful death and survival claims.
Court: USDC Northern District of Texas , Judge: Hendrix, Filed On: March 20, 2024, Case #: 6:22cv70, NOS: Other Personal Injury - Torts - Personal Injury, Categories: Negligence, Wrongful Death
J. Felix finds the trial court properly convicted defendant for murder, criminal recklessness, resisting and neglect of a dependent. Defendant, with his toddler son, attended a birthday party at his sister's residence where he engaged in an argument with her fiancé. Defendant shot the victim 18 times before fleeing with his son. The court properly prevented defendant's additional question impeaching his sister’s testimony. Defendant's claim of self-defense fails, and his sentence is not inappropriate considering the nature of the offenses, regardless of his lack of a criminal record. Affirmed.
Court: Indiana Court Of Appeals, Judge: Felix , Filed On: March 20, 2024, Case #: 22A-CR-3007, Categories: Murder, Sentencing, Escape
J. Riley finds the trial court properly found for the paving contractor. The estate filed a wrongful death suit against the city and certain contractors after the deceased party was struck and killed by a vehicle within a sidewalk improvement project area that did not provide crosswalks. The estate's citing of a case wherein a motorist was killed when his vehicle encountered mud near a state bridge construction project does not support an existence of the contractor's duty of care. Affirmed.
Court: Indiana Court Of Appeals, Judge: Riley , Filed On: March 20, 2024, Case #: 23A-CT-950, Categories: Construction, Municipal Law, Wrongful Death
Per curiam, the circuit finds the district court properly disqualified the attorney. The motorcycle gang member who had retained the attorney was charged with several counts of RICO conspiracy. Ample record evidence shows the attorney previously represented a government informant who is a potential witness in the gang member's case. Affirmed.
Court: 5th Circuit, Judge: Per curiam, Filed On: March 20, 2024, Case #: 22-51003, Categories: Judiciary, Conspiracy, Due Process
J. Jones grants the ex-wife's motion for attorney fees and costs in the amount of $84,000. The extra-marital lover filed this suit against her lover and his ex-wife, alleging they were involved in sex trafficking. The suit was found to be frivolous and an abuse of judicial process because the facts provide no basis to find the ex-wife did anything wrong. All factors were correctly considered, and the accuser's arguments are without merit.
Court: USDC Nevada, Judge: Jones , Filed On: March 20, 2024, Case #: 3:21cv458, NOS: Other Statutory Actions - Other Suits, Categories: Evidence, Attorney Fees
J. Bumb remands to state court a complaint alleging that the law firm and real estate holding company wrongfully failed to provide the attorney with retirement benefits after firing her. The retirement plan fell outside ERISA because there is no information on the procedures for obtaining the post-retirement income, nor information on how to challenge the decision to deny benefits. Further, there is no evidence the attorney fraudulently joined the partner or the law firm in the underlying whistleblower claim to avoid remand.
Court: USDC New Jersey, Judge: Bumb, Filed On: March 20, 2024, Case #: 1:23cv4224, NOS: Employee Retirement Income Security Act (ERISA) - Labor, Categories: Employment, Erisa, Jurisdiction
J. Skretny partially declines to dismiss the complaint alleging that the holding company failed to properly make earn-out payments by failing to refer business to the video distribution company owners. The owners plausibly allege that the inventory-reserve promises were enforceable, the claims are not limited to merely accounting processes, and the owners have sufficiently shown the memorandum of understanding between the parties that related to a third party is unenforceable.
Court: USDC Western District of New York, Judge: Skretny , Filed On: March 20, 2024, Case #: 1:22cv518, NOS: Other Contract - Contract, Categories: Contract
Per curiam, the appellate division finds that the lower court properly dismissed this trip and fall action as time-barred. The complaint was untimely because it was filed outside the three-year statute of limitations.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: March 20, 2024, Case #: 01554, Categories: Tort
J. Niemeyer finds the lower court properly denied the passenger's attempt to submit a fourth complaint. An airplane captain ordered the passenger to deboard the plane after finding out she had a dog allergy and two dogs would be on the aircraft, causing a situation the flight attendants felt uncomfortable with. The passenger's explanation that she needed to be in Los Angeles the next morning, that her allergy would not be an issue because of where she was seated, and that her allergy was “not life-threatening” was insufficient. The captain refused to reconsider his decision. The passenger refused to leave, and the captain ordered state officials to remove her from the plane physically. At the time of his decision, the captain believed the allergies to be life-threatening, a valid reason to remove her. Affirmed.
Court: 4th Circuit, Judge: Niemeyer, Filed On: March 20, 2024, Case #: 21-1221, Categories: Malicious Prosecution, Negligence, Police Misconduct
J. Pagan finds the trial court erred in concluding that appellant was a danger to others due to his mental disorder at the time of his commitment hearing. “Evidence of his behavior in the hospital and vague threats toward a particular community were insufficient to conclude he was a danger to others.” Reversed.
Court: Oregon Court of Appeals, Judge: Pagan, Filed On: March 20, 2024, Case #: A179343, Categories: Evidence, Commitment
Per curiam, the Supreme Court of Ohio finds attorney David Edmund Stenson will be suspended from the practice of law for one year for his failure to inform a client he lacked professional liability insurance and for his failure to keep several clients' retainers in a client trust account. Stenson was previously disciplined for similar misconduct, but if he completes continuing education courses regarding client management, six months of the suspension will be stayed.
Court: Ohio Supreme Court, Judge: Per curiam, Filed On: March 20, 2024, Case #: 2024-Ohio-995, Categories: Sanctions, Attorney Discipline
J. Bloomekatz finds the lower court properly dismissed religious discrimination claims filed by employees who still have jobs at the hospital. They were eventually granted exemptions to the Covid-19 vaccination requirement and lack standing to bring suit. However, because two of the employees resigned under threat of termination and before the employer decided to grant all religious accommodation requests, their claims were improperly dismissed and must be remanded to the trial court. Reversed in part.
Court: 6th Circuit, Judge: Bloomekatz, Filed On: March 20, 2024, Case #: 23-3672, Categories: Covid-19, Employment Discrimination
J. Zainey denies a request by an insurer to strike a jury demand by the owner of a fire-damaged vessel who originally sued the insurer in state court for bad faith insurance practices. The insurer has no right under federal law to a bench trial and the court is persuaded it would commit reversible error by denying the vessel owner its Seventh Amendment right to a jury trial. Once the insurer removed the vessel owner’s suit to federal court, its dissatisfied client was entitled to a jury under the Seventh Amendment.
Court: USDC Eastern District of Louisiana , Judge: Zainey, Filed On: March 20, 2024, Case #: 2:23cv2796, NOS: Insurance - Contract, Categories: Jury, Choice Of Law, Business Practices
J. Simon awards the car owner $20,000 in attorney fees and $518 in costs following a default judgment in his favor in his complaint that the car shop did not restore a 1966 Ford Mustang, lied about the restoration status, and returned the vehicle needing significant repairs. The car owner's requested hourly rates are reasonable but not all billed hours are reasonable.
Court: USDC Oregon, Judge: Simon, Filed On: March 20, 2024, Case #: 3:22cv1387, NOS: Other Contract - Contract, Categories: Vehicle, Attorney Fees, Contract
J. Marcel finds that defendant was properly convicted of second-degree rape. In this case, the victim testified that after she rejected defendant's requests for sex, he drove her out of town to a secluded area, and physically beat her. The victim testified that she had sex with defendant because she was afraid that he would kill her. Further, there was medical evidence of the victim's injuries. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Marcel, Filed On: March 20, 2024, Case #: 23-KA-59, Categories: Evidence, Sex Offender
J. Windhorst finds that the trial court properly denied defendant's motion to recuse the bench of the 24th Judicial District Court on the basis that a judge was related to a victim in this homicide case. The judge testified that he was estranged from the victim, his first cousin, had not seen the victim since 2005, did not go the cousin's funeral, and did not discuss the victim with any member of the bench. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Windhorst, Filed On: March 20, 2024, Case #: 23-K-406, Categories: Criminal Procedure, Judiciary
J. Cronan partially denies the political organization's motion to dismiss counterclaims alleging that it stole the Stanford researcher's copyrighted work on mapping police violence and make its own copycat website to divert donations to his project. The researcher has shown he put forth considerable skill and originality in creating his map organizing unprotected information, and these choices were not routine and obvious.
Court: USDC Southern District of New York, Judge: Cronan, Filed On: March 20, 2024, Case #: 1:22cv9565, NOS: Copyrights - Property Rights, Categories: Copyright
J. Castel dismisses the satellite TV provider's antitrust claims against three broadcasters whom it alleges sought to charge it supra-competitive fees to re-broadcast certain popular television shows. The satellite provider chose not to renew its agreements with these broadcasters due to the quoted prices, causing content blackouts for its subscribers and the loss of thousands of customers. Because the provider never actually entered into an agreement which would have required it to pay supra-competitive fees, its injury is not the type that antitrust laws were intended to prevent.
Court: USDC Southern District of New York, Judge: Castel, Filed On: March 20, 2024, Case #: 1:23cv2221, NOS: Antitrust - Other Suits, Categories: Antitrust, Communications