98 results for 'filedAt:"2024-04-02"'.
[Consolidated.] J. Schroeder denies the North Carolina Board of Elections’ motion to dismiss several voter advocacy groups’ complaint that a particular bill allegedly threatens voter protections. Currently, North Carolina practices non-forwardable voter registration verification, meaning when someone registers to vote and votes on the same day, they are sent a card to the address under which they registered. Then, if the state board of elections does not receive said card, the voter’s ballot is removed from the official count. The advocacy groups have shown here, and in other recent litigation, plausible evidence that the potential harm caused to voters by continuing this process without giving them notice and a chance to prove their residency is likely more harmful than the possible injury to the government if the process remains the same.
Court: USDC Middle District of North Carolina, Judge: Schroeder, Filed On: April 2, 2024, Case #: 1:23cv878, NOS: Voting - Civil Rights, Categories: Elections, Government
J. Christopher partly grants mandamus relief to the transmission and distribution utilities (TDUs) seeking to vacate the partial denial of their motions to dismiss retail customers' claims in certain "bellwether cases" relating to power outages during Winter Storm Uri in February 2021. Based on the language of the pro forma tariff that applies, the TDUs are not liable for the customers' negligence and negligent nuisance claims. Also, the customers did not raise a fact question for the strict-liability nuisance claims. Though, the tariff does not bar the customers' gross negligence or intentional misconduct claims.
Court: Texas Courts of Appeals, Judge: Christopher, Filed On: April 2, 2024, Case #: 14-23-00095-CV, Categories: Civil Procedure, Negligence
J. Pirtle finds the district court properly reversed the county court's dismissal of a contract action. The company that purchased the home alleges the seller took the gas range and dishwasher when she moved out in violation of the sale agreement. The sheriff's office served the seller, who is not a Nebraska resident, while she was still in Nebraska, and this instate service of process was sufficient to subject the seller to Nebraska jurisdiction. Affirmed.
Court: Nebraska Court Of Appeals, Judge: Pirtle , Filed On: April 2, 2024, Case #: A-23-477, Categories: Property, Jurisdiction, Contract
Per curiam, the circuit dismisses the suit by the former municipal airport authority commissioners who sought to enjoin a new law abolishing the municipal authority and replacing it with a regional authority. No commissioners originally intervening in this lawsuit are still in office, and no current commissioners are party to the suit. The former commissioners no longer stand to lose their seats and have no personal interest in the dispute.
Court: 5th Circuit, Judge: Per curiam, Filed On: April 2, 2024, Case #: 21-60312, Categories: Administrative Law, Municipal Law, Jurisdiction
J. Bishop finds the trial court properly convicted defendant, by no-contest plea, for sexual assault of a child. Forensic interview and testimony provided by the victims support the convictions. Though defendant says statements given by the parents of the victims were improperly allowed, the statutory definition of a victim establishes a baseline right to provide victim impact statements, and it does not limit a sentencing court’s discretion to consider relevant evidence from a variety of sources. All sentencing factors were properly considered. Affirmed.
Court: Nebraska Court Of Appeals, Judge: Bishop , Filed On: April 2, 2024, Case #: A-23-522, Categories: Sentencing, Sex Offender, Child Victims
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J. Zachary finds that the trial court properly denied a law firm's motion to compel arbitration in breach of contract claims related to a shareholder agreement because claims brought under the properties and class action agreements were not bound by the arbitration agreement. Affirmed.
Court: North Carolina Court of Appeals, Judge: Zachary, Filed On: April 2, 2024, Case #: COA23-710, Categories: Arbitration, Contract
J. Rowe denies the Oklahoma governor's petition for declaratory relief that the senators lacked authority to pass bills relating to tribal compacts. The state sought agreements with tribes regarding a tobacco tax the U.S. Supreme Court had held could be collected on products sold on Indian lands to non-tribal members. The legislature had the constitutional authority to consider the bills during a concurrent special session and did not exceed the call of the special session with its legislation. The governor's authority to negotiate tribal compacts is statutory, not constitutional. The legislature did not infringe on the governor's authority to negotiate such compacts.
Court: Oklahoma Supreme Court, Judge: Rowe , Filed On: April 2, 2024, Case #: 121497, Categories: Government, Tax, Native Americans
J. Thompson finds that the trial court properly ruled for the state cemetery commission in takings claims brought against Smoky Mountain Memorial Parks, Inc., and other defendants because the land had been designated for use as a cemetery. As the commission points out, cemeteries include both plotted sites being used as graves and unplotted portions of land that are "to be used" as such, even if "there are not yet bodies in the ground." Affirmed.
Court: North Carolina Court of Appeals, Judge: Thompson, Filed On: April 2, 2024, Case #: COA23-761, Categories: Property
J. Lerner finds that the U.S. should be granted dismissal of breach of contract claims contending a private security company had not been paid for services provided in Afghanistan because the U.S. had not entered a contract with the company.
Court: Court of Federal Claims, Judge: Lerner, Filed On: April 2, 2024, Case #: 22-1313C, Categories: Contract
J. Erickson finds a lower court properly dismissed a defendant's motion for recusal and reassignment for a new judge. The defendant, who pleaded guilty to transportation of child pornography, argued that the judge forged an inappropriate relationship with his victims. However, the government sufficiently showed in court that the judge's interactions with his child victims was "solely professional." Affirmed.
Court: 8th Circuit, Judge: Erickson, Filed On: April 2, 2024, Case #: 23-1828, Categories: Child Victims, Child Pornography
J. Ramos partially denies the defendant manufacturer's motion to dismiss breach of contract claims stemming from a contract to package the plaintiff manufacturer's infant formula product. The plaintiff sufficiently alleges that defendant breached the express terms of the agreement, by refusing to package the product during the 2022 national infant formula shortage. However, plaintiff does not adequately claim that the packager's conduct was intended to harm the manufacturer in order to promote its own formula product.
Court: USDC Southern District of New York, Judge: Ramos, Filed On: April 2, 2024, Case #: 1:23cv8, NOS: Other Contract - Contract, Categories: Contract
J. Smith finds that the district court properly denied absolute and qualified immunity to two County of San Bernardino social workers in a matter in which the social workers allegedly violated individuals’ Fourth and Fourteenth Amendment rights by failing to provide them with notice of a juvenile detention hearing in which the County’s Child and Family Services sought custody of a minor and provided false information to the Juvenile Court about why a mother was not noticed for the hearing. The social workers failed to show that they were entitled to absolute immunity for actions taken in their role as social workers. Affirmed.
Court: 9th Circuit, Judge: Smith, Filed On: April 2, 2024, Case #: 22-56054, Categories: Family Law, Immunity
J. Welch finds the district court improperly reversed the county court's dismissal of a DUI case. Although defendant requested a continuance to retain counsel, the county court did not advise defendant of the effect of a continuance, and it found that the time from that date to the continued arraignment date was not excludable. The district court reversed this after the state filed a notice of intent to take exception but failed to pay the docket fee. Because the state acknowledged failing to pay the docket fee, the district court lacked subject matter jurisdiction. Reversed.
Court: Nebraska Court Of Appeals, Judge: Welch , Filed On: April 2, 2024, Case #: A-23-001, Categories: Dui, Speedy Trial, Jurisdiction
J. Cartwright partially denies the government's motion to dismiss the government-contracted worker's complaint alleging that his excavator slid on the government's forest route, leading to his injuries. The government seeks to dismiss the worker's claims based on the discretionary function exception to the Federal Tort Claims Act, but the worker's claim that the Forest Service allowed logging to begin over the stretch of road where the worker's accident happened despite the contractor pointing out the hazard of an eroded shoulder survives, because that depends on disputed facts that must be resolved at trial.
Court: USDC Western District of Washington, Judge: Cartwright, Filed On: April 2, 2024, Case #: 3:22cv5303, NOS: Other Personal Injury - Torts - Personal Injury, Categories: Government, Tort
J. Starr denies a preliminary injunction to a franchisee of Pizza Hut that owns 142 restaurants; Pizza Hut seeks to terminate the franchise agreements, claiming the franchisee breached a forbearance agreement. The franchisee does not deny that they breached the forbearance agreement, nor provide evidence that Pizza Hut breached the agreement, making their claims unlikely to succeed and disqualifying them from a preliminary injunction.
Court: USDC Northern District of Texas , Judge: Starr, Filed On: April 2, 2024, Case #: 3:24cv646, NOS: Franchise - Contract, Categories: Interference With Contract, Contract, Injunction
J. Maxa finds that the lower court improperly issued an order that found defendant had violated the terms of his community custody. The violation stemmed from an incident where he reportedly threatened to stab his roommate, leading to a felony conviction for death threats and harassment that was later vacated due to insufficient evidence. The lower court found this incident still violated his community custody, but the relevant statute states that a violation cannot be based on hearsay evidence alone and this finding was too largely based on hearsay evidence. Reversed.
Court: Washington Court Of Appeals, Judge: Maxa, Filed On: April 2, 2024, Case #: 57552-3-II, Categories: Criminal Procedure, Probation
J. Dowd finds that the lower court properly convicted defendant of murder and armed criminal action, and sentenced him to 26 years in prison. The court did not abuse its discretion in allowing the late endorsement of witnesses who examined DNA evidence at the crime scene. Defendant did not object to their testimony or even cross-examine them. Affirmed.
Court: Missouri Court Of Appeals, Judge: Dowd, Filed On: April 2, 2024, Case #: ED111454, Categories: Criminal Procedure, Murder, Witnesses
J. Dysart vacates the restitution judgment related to defendant's simple criminal damage to property conviction for damaging a vehicle. In this case, there was no evidence reflecting the value of the vehicle. The vehicle was an uninsured 2008 Mercedes Benz C Class vehicle which had over 200,000 miles on it and was inoperable at the time defendant damaged the exterior. Vacated.
Court: Louisiana Court Of Appeal, Judge: Dysart, Filed On: April 2, 2024, Case #: 2023-KA-0711, Categories: Evidence, Vehicle, Property Crimes
J. Ledet finds that the trial court should not have denied a condominium association's motion to reallot this case to Division L. In this case, a previous collection suit regarding the same parties and the instant suit are "related" since both suits involve issues regarding the costs associated
with roofing and waterproofing the owner's property, which led to the alleged failure to pay the assessments in this case. The other collection suit was already allotted to Division L. Reversed.
Court: Louisiana Court Of Appeal, Judge: Ledet, Filed On: April 2, 2024, Case #: 2024-C-0134, Categories: Civil Procedure, Debt Collection, Property
J. Kobayashi partially dismisses a Big Island resident’s claims against the government surrounding safe driving conditions on the island, along with several claims related to his arrest. The government and its agents have immunity in their official capacities but, even in their individual capacities, the resident does not show how they are responsible for what he says is a lack of streetlights and unfair vehicle safety inspections. Claims stemming from his arrest are also denied as he should challenge those in the pending criminal case.
Court: USDC Hawaii, Judge: Kobayashi, Filed On: April 2, 2024, Case #: 1:23cv390, NOS: Other Civil Rights - Civil Rights, Categories: Government, Negligence, Police Misconduct
J. Kelly finds a lower court improperly granted police officers' motion for summary judgment concerning a civilian's civil rights claims. The police officers argued that they properly conducted a lawful investigative stop of the civilian, which resulted in his arrest for interference with official acts. However, the civilian presented sufficient evidence in court that the police officers did not have probable cause to pull him over and arrest him. Reversed.
Court: 8th Circuit, Judge: Kelly, Filed On: April 2, 2024, Case #: 22-2773, Categories: Civil Rights, Evidence, Police Misconduct
J. Grasz finds a lower court properly dismissed four high school students' equal protection and due process claims against a school district. The high school students argued that they were wrongfully expelled from school for participating in a "joke" by joining a student's online petition calling for the return of slavery. The school's disciplinary action was rationally connected to its purpose of maintaining order and was not racially motivated. Affirmed.
Court: 8th Circuit, Judge: Grasz, Filed On: April 2, 2024, Case #: 23-1119, Categories: Education, Due Process, Equal Protection
J. McMurdie finds a lower court improperly vacated a defendant's probation extension. The defendant, who pleaded no contest to theft, argued that he was entitled to withdraw from a probation extension and revocation. However, the State presented sufficient evidence in court that he made irregular restitution payments to his victim and then perpetrated another misdemeanor crime. Vacated.
Court: Arizona Court Of Appeals Division One, Judge: McMurdie, Filed On: April 2, 2024, Case #: 1 CA-CR 21-459, Categories: Probation, Theft
J. Parker finds that the lower court improperly denied the city's plea to the jurisdiction in this personal injury lawsuit stemming from an automobile collision involving a police vehicle that was responding to an emergency. The court does not find that the officer's driving was reckless, as she "used her lights and siren" and "reduced her speed" before entering the intersection against a red light. Reversed.
Court: Texas Courts of Appeals, Judge: Parker, Filed On: April 2, 2024, Case #: 07-23-00400-CV, Categories: Tort, Immunity, Jurisdiction
[Consolidated.] J. Dannehy finds the appellate court improperly upheld the trial court’s disposition of the claims in this breach of declaration and bylaws dispute against the condominium association. The condo owners argue that the association should have been responsible for the settling of the condos’ repairs. The appellate court is ordered to reverse the trial court’s judgements of the disposition for further proceedings. Affirmed in part. Reversed in part.
Court: Connecticut Supreme Court, Judge: Dannehy, Filed On: April 2, 2024, Case #: SC20759, Categories: Property