174 results for 'filedAt:"2024-03-21"'.
J. Smith finds that the trial court properly terminated the mother and father's parental rights to their children. The foster parents had standing to intervene in the termination proceeding, and their petition was timely filed. Also, the father did not preserve his complaint regarding the sufficiency of the evidence. Affirmed.
Court: Texas Courts of Appeals, Judge: Smith, Filed On: March 21, 2024, Case #: 10-23-00311-CV, Categories: Evidence, Family Law
J. Smith finds that the trial court properly terminated the mother's parental rights to her children based on sufficient evidence to support the best-interest finding. There were multiple incidents of domestic violence between the mother and father that occurred in front of the children. Also, the mother did not use most of her available visitation with the children, missed prearranged visits and was "mostly unengaged" around them. Affirmed.
Court: Texas Courts of Appeals, Judge: Smith, Filed On: March 21, 2024, Case #: 10-23-00413-CV, Categories: Evidence, Family Law
Per curiam, the appellate division properly found for the property owner on a construction injury claim stemming from a worker's injury caused by a grinder. The worker did not fall from the ladder, even after he was struck in the face by the grinder, so the injury did not arise from any elevation-related risk. Rather, the evidence shows that the grinder did not have its guard attached, violating labor laws. Affirmed.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: March 21, 2024, Case #: 01607, Categories: Construction, Tort
Per curiam, the appellate division finds that the lower court properly ruled for the landlord and awarded it $197,000 against the tenant. The tenant abandoned the lease, and the court may enter judgment in the amount of rent for the remainder of the lease term even if the landlord assisted in arranging for their move, as the landlord never accepted surrender in a signed writing. Affirmed.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: March 21, 2024, Case #: 01606, Categories: Landlord Tenant
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J. Wecht finds that the lower court properly denied a trust termination in this case wherein an alumnus of the Virginia Military Institute asked if its asset-controlling foundation could manage the trust rather than the independent corporate trustee who has been managing it. The burdens borne by the trust do not meet the statutory criteria for termination. Affirmed.
Court: Pennsylvania Supreme Court, Judge: Wecht, Filed On: March 21, 2024, Case #: J-55-2023, Categories: Civil Procedure, Trusts, Wills / Probate
J. Fisher finds that a police officer was properly denied accidental disability retirement benefits for a shoulder injury that occurred while responding to a medical emergency because the injury occurred in the course of the officer's routine employment duties and constituted a risk of the job. Affirmed.
Court: New York Appellate Divisions, Judge: Fisher, Filed On: March 21, 2024, Case #: CV-23-0234, Categories: Social Security, Tort
J. Garry finds that a police officer was properly denied accidental disability retirement benefits for a knee injury sustained when he fell while dismounting a bike to chase a suspect during a training exercise because the injury occurred during routine training included in regular job duties and thus did not constitute an accident. Affirmed.
Court: New York Appellate Divisions, Judge: Garry, Filed On: March 21, 2024, Case #: CV-23-1359, Categories: Employment, Social Security, Tort
J. Barbier grants a request by a FEMA contractor conducting post-hurricane disaster mitigation work, dismissing breach of contract claims totaling $129,000 by a subcontractor hired to clear mud and debris. The amount in dispute arose from work the subcontractor’s workers mistakenly performed at the direction of an individual who turned out to be representing another subcontractor at the same work site. The subcontractor sent corresponding invoices to the disaster mitigation business only to discover the FEMA contractor was not invoicing or receiving payment for the litigant-subcontractor's services. A mistake by one company’s employees is not enough to show the contract had been orally modified.
Court: USDC Eastern District of Louisiana , Judge: Barbier, Filed On: March 21, 2024, Case #: 2:23cv1580, NOS: Other Contract - Contract, Categories: Employment, Evidence, Contract
J. Pritzker finds that an education supervisor who worked at a state prison was properly held ineligible for benefits on grounds that he was not totally unemployed when summer programs were canceled during the pandemic summer of 2020. The education supervisor could opt into summer school services, but he followed a traditional September-June school year and received a 12-month salary. Affirmed.
Court: New York Appellate Divisions, Judge: Lynch, Filed On: March 21, 2024, Case #: CV-23-0454, Categories: Employment, Covid-19
[Amended.] J. Mortensen clarifies the standard of review in a housing discrimination case with no change in judgment. The district court erred in concluding that a homeowners' association improperly delayed its evaluation of a homeowner's request to keep eight backyard "comfort chickens" for a child with PTSD and anxiety. The HOA properly and timely engaged the homeowner about the requested accommodation, taking a few weeks to evaluate the related issues of runoff, odor, rodents and the novel use of chickens as emotional support animals before granting a variance for two hens. Also, the homeowner failed to show any harm by the alleged delay. Reversed.
Court: Utah Court Of Appeals, Judge: Mortensen, Filed On: March 21, 2024, Case #: 20210698-CA, Categories: Ada / Rehabilitation Act, Property
J. Dysart finds that the trial court properly found for a homeowner on her contract claim that a contractor failed to properly repair her home after tornado damage. The parties' contract states, "Contractor shall supervise and direct the Work and accepts responsibility for construction means, methods, techniques, sequences and procedures required to complete the Home Renovation Project in compliance with the Contract Documents." Further, the contractor abandoned the contract when it endorsed the check from the homeowner's mortgage company to a subcontractor and turned the project over to the subcontractor without the homeowner's consent. Also, the record shows that a check for part of the homeowner's insurance proceeds was never returned to her. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Dysart, Filed On: March 21, 2024, Case #: 2023-CA-0296, Categories: Construction, Contract
J. Egan finds that the lower court improperly held that a city board designated to help cope with a rental housing emergency exceeded its authority. The muncipality's declaration of an emergency was based on a valid study of local properties, and the rent-adjustment guidelines and fair-market rate set by the board in an attempt to tackle the problem was within its emergency powers. Reversed in part.
Court: New York Appellate Divisions, Judge: Egan, Filed On: March 21, 2024, Case #: CV-23-0327, Categories: Municipal Law, Housing
J. Gilliam dismisses privacy claims against Western Union Financial Services and a handful of other financial service companies over allegations that the companies have turned over private financial records to the Department of Homeland Security without permission. Those bringing the suit have not shown they are "customers" of any of the companies, and as a result, largely lack standing to continue their claims or request relief. Only a single unfair competition claim is allowed to continue.
Court: USDC Northern District of California, Judge: Gilliam, Filed On: March 21, 2024, Case #: 4:22cv7996, NOS: Other Statutory Actions - Other Suits, Categories: Unfair Competition, Privacy, Class Action
J. Kautz finds that the lower court properly denied an administrative assistant's request for workers compensation benefits after she suffered an injury to her right knee during work. She was not able to meet her burden of proof to show that the injury to her knee caused a second injury to her foot that worsened her preexisting foot condition. Affirmed.
Court: Wyoming Supreme Court, Judge: Kautz, Filed On: March 21, 2024, Case #: S-23-0174, Categories: Workers' Compensation
J. Durkin denies a group of former tech executives’ motion for acquittal or new trial, finding there is sufficient evidence to support the jury’s verdict. Jurors found the tech executives guilty of more than a dozen fraud counts each in April 2023, after hearing evidence that they falsified financial reports, underreported consumer engagement with the medication ads that pharma companies paid them to market and charged clients for advertising services that they never delivered.
Court: USDC Northern District of Illinois, Judge: Durkin, Filed On: March 21, 2024, Case #: 1:19cr864, NOS: Other - Forfeiture/Penalty, Categories: Fraud, Technology
J. Gilbert partially grants a number of the sued retailers’ motions for fees and fee itemization. The court orders a monster truck manufacturer, as part of the underlying trademark suits, to pay the defendants more than $14,000 in fees.
Court: USDC Northern District of Illinois, Judge: Gilbert, Filed On: March 21, 2024, Case #: 1:22cv6758, NOS: Trademark - Property Rights, Categories: Trademark, Attorney Fees
J. Hammer dismisses a class action alleging the debt collector attempted to collect debts without being properly licensed and by using threatening tactics. None of the language of the collection letters could be interpreted as threatening or harassing, the complaint mentions no expenses or actions taken as a result of the letters, and the borrower does not propose he was confused by letters as to the amount allegedly owed.
Court: USDC New Jersey, Judge: Hammer , Filed On: March 21, 2024, Case #: 2:18cv2388, NOS: Consumer Credit - Other Suits, Categories: Debt Collection
J. Wilson finds that the appellate term properly dismissed an indictment against defendant on speedy-trial grounds. Although the trial court, reacting to multiple requests for ongoing postponement by the prosecution, did not schedule the specific successive dates offered, the time delay still needed to be charged to the prosecution because no reasons were given for any of the requested post-readiness adjournments. Affirmed.
Court: New York Court Of Appeals, Judge: Wilson, Filed On: March 21, 2024, Case #: 28, Categories: Speedy Trial