206 results for 'filedAt:"2024-04-10"'.
J. Aoyagi finds the trial court erred in finding defendants’ status as medical or pharmaceutical providers insulated them from the general obligation to avoid creating foreseeable risks of physical harm to others. “Defendants allegedly breached their statutory standards of care to their patient.” Reversed.
Court: Oregon Court of Appeals, Judge: Aoyagi, Filed On: April 10, 2024, Case #: A176439, Categories: Negligence, Medical Malpractice
J. Lagesen finds the trial court properly dismissed a habeas corpus proceeding in which defendant sought a remedy for, among other things, alleged violations of his constitutional rights with respect to his legal mail. The court “was persuaded that, as of the time of the hearing, the mail issue was not ongoing.” Affirmed.
Court: Oregon Court of Appeals, Judge: Lagesen, Filed On: April 10, 2024, Case #: A179702, Categories: Habeas, Prisoners' Rights
J. Schumacher finds that defendant was properly convicted of first-degree murder for killing a man during a drug buy because the state proved malice aforethought by providing evidence that defendant set up the drug buy and attempted to rob the victim before shooting him as he lie on the ground following a scuffle. Affirmed.
Court: Iowa Court Of Appeals, Judge: Schumacher, Filed On: April 10, 2024, Case #: 22-2029, Categories: Evidence, Intent, Murder
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J. McClarty finds the lower court properly dismissed a client’s legal malpractice action against her former attorney. The client retained the attorney to represent her in a matter concerning a vehicle accident and subsequent unsatisfactory repairs to her motorhome. The attorney took the clients retainer, but avoided communicating with her and never filed any action on behalf of the client. After the client complained, the Tennessee Board of Professional Responsibility placed the attorney on diversion pending the completion of a practice and professional enhancement program, and he returned the retainer. The client then filed the instant action arguing legal malpractice, but at hearing she did not present any evidence supporting her claim of negligence against him or deficient performance. Affirmed.
Court: Tennessee Court of Appeals, Judge: McClarty, Filed On: April 10, 2024, Case #: E2023-00930-COA-R3-CV, Categories: Damages, Negligence, Legal Malpractice
J. Bower finds that defendant was properly denied relief from her conviction for unauthorized possession of an offensive weapon. She contends counsel should have sought dismissal based on speedy indictment violations, but defendant's failure to make an initial appearance resulted in another arrest and a second scheduled initial appearance, and thus the speedy indictment clock began to run at the time of her second arrest. Affirmed.
Court: Iowa Court Of Appeals, Judge: Bower, Filed On: April 10, 2024, Case #: 22-1997, Categories: Weapons, Speedy Trial
J. Langholz finds that plaintiff's coworker was properly granted summary judgment in gross negligence claims brought after the coworker turned on a rebar cutting machine while plaintiff's hand was inside the device because plaintiff failed to prove gross rather than mere negligence, as his coworker turned on the machine without understanding the possibility of injury. Affirmed.
Court: Iowa Court Of Appeals, Judge: Langholz, Filed On: April 10, 2024, Case #: 23-0289, Categories: Negligence
J. Tabor finds that defendant was properly denied relief from his conviction for criminal mischief while using a dangerous weapon and other charges brought after he fled police pursuing him on an active warrant. A factual basis existed for his plea since defendant used his truck to ram police cars following the chase. Affirmed.
Court: Iowa Court Of Appeals, Judge: Tabor, Filed On: April 10, 2024, Case #: 23-0431, Categories: Ineffective Assistance, Weapons, Plea
J. Abele finds the trial court properly denied defendant's motion to suppress in his guilty-plea case to trafficking in cocaine. His failure to use headlights at night gave the arresting officer probable cause to initiate a traffic stop, while his story he intended to stay in West Virginia for several days - one contradicted by his rental car agreement, which required the return of the vehicle to Chicago the following day - was enough to establish probable cause for a search with the officer's canine unit. Although the "field test" weight of the cocaine found in defendant's vehicle differed from that established by subsequent lab tests, the trial court properly admitted the cocaine into evidence because the prosecution established a proper chain of custody and the weight discrepancy was addressed by an expert witness at trial. Affirmed.
Court: Ohio Court Of Appeals, Judge: Abele, Filed On: April 10, 2024, Case #: 2024-Ohio-1460, Categories: Drug Offender, Evidence, Search
J. Chicchelly finds that defendant was properly ordered to pay $180,000 in restitution after he was convicted of arson and other charges for burning down a nightclub because the amount was supported by demolition costs, lost rentals, and damage sustained to a nearby building. Affirmed.
Court: Iowa Court Of Appeals, Judge: Chicchelly, Filed On: April 10, 2024, Case #: 23-0788, Categories: Restitution, Arson
J. Anderson finds that defendant was properly convicted of the second degree murders of his ex-girlfriend and her friend. In this case, there was testimony from witnesses that the girlfriend's dying declaration indicated defendant shot her. Also, the phone records show many missed calls from defendant to the girlfriend before the shooting after he saw her earlier in the day, and the accident reconstruction expert testified as to the matching up of the damage to defendant's car with that of the victims' car. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Stephens, Filed On: April 10, 2024, Case #: 55,550-KA, Categories: Evidence, Murder
J. Kobayashi remands to state court a case brought by families against their landlords, who evicted them from their homes after their water was contaminated by the U.S. Navy’s jet fuel leak. Despite the landlord’s relationship with the military under residential agreements, the landlords themselves are not military and therefore do not fall under federal jurisdiction. Bringing in the U.S. as a third-party defendant does not grant jurisdiction because “a defendant may not create subject-matter jurisdiction by filing a third-party complaint — that is not a voluntary act by plaintiff.”
Court: USDC Hawaii, Judge: Kobayashi, Filed On: April 10, 2024, Case #: 1:23cv584, NOS: Torts to Land - Real Property, Categories: Government, Landlord Tenant
J. Stone finds that defendant was properly convicted of possession of marijuana, possession of a firearm by a convicted felon, and illegal carrying of weapons while in possession of a controlled dangerous substance. In this case, the police properly stopped defendant as he was walking into a gas station convenience store because the officers observed him with an assault rifle in his pant leg. Further, there were recent robberies in the area and a concern that defendant was committing a robbery. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Stone, Filed On: April 10, 2024, Case #: 55,581-KA, Categories: Drug Offender, Firearms, Search
J. Pitman finds that the trial court properly released defendant, who was charged with murder, without bail because La. C. Cr. P. art. 701 relieves a defendant from his bail obligation on the running of the time period for speedy trial. However, defendant's right to a speedy trial was not violated because there is no time limitation on a murder charge, and, in this case, the length of the delay did not prejudice defendant since there was a detainer in Mississippi requiring his transfer to serve an outstanding sentence. Affirmed in part.
Court: Louisiana Court Of Appeal, Judge: Pitman, Filed On: April 10, 2024, Case #: 55,609-KA, Categories: Criminal Procedure, Murder, Speedy Trial
[Consolidated]. J. Loken finds a lower court properly removed a Nigerian citizen back to Nigeria for defrauding insurance companies by setting up bogus car crashes in order to collect insurance payouts. The citizen of Nigeria, who pleaded guilty to mail fraud, argued that he was entitled to remain in the U.S. based on a letter submitted to the court by an attorney, even though the letter was supposed to be written by an actual law firm. However, the government sufficiently showed in court that he is removable based on his breach of the plea agreement. Affirmed.
Court: 8th Circuit, Judge: Loken, Filed On: April 10, 2024, Case #: 22-3235, Categories: Evidence, Fraud, Immigration
J. Kelly dismisses the insurer's interlocutory appeal of the lower court's partial denial of its motion to dismiss a consumer fraud class action. The consumers claim the insurer engaged in unfair business practices by reducing the actual cash value of totaled cars by a "typical negotiation" deduction, which is not defined in the policy. However, the court lacks jurisdiction to hear this appeal because the lower court's decision rests on its interpretation of state law, not on the Federal Arbitration Act.
Court: 8th Circuit, Judge: Kelly, Filed On: April 10, 2024, Case #: 23-1516, Categories: Fraud, Insurance, Class Action
J. Gibbons finds the district court improperly granted the ex-wife's motion to enforce the divorce decree and enter an amended qualified domestic relations order. The order indicated the ex-wife is entitled to one half of her ex-wife's public employee retirement benefits, including survivor benefits. The order is inconsistent with guiding case law holding that "unless specifically set forth in the divorce decree, an allocation of a community property interest in the employee spouse's pension plan does not also entitle the nonemployee spouse to survivor benefits." Reversed.
Court: Nevada Court of Appeals, Judge: Gibbons , Filed On: April 10, 2024, Case #: 86043-COA, Categories: Family Law, Property
J. Olson finds that the trial court properly denied a beauty product manufacturer’s motion for non-suit in this case wherein the daughter of a deceased hairdresser alleges her mother contracted mesothelioma as a result of decades of being exposed to the company’s asbestos-containing beauty products. The manufacturer failed to provide evidence that the asbestos claim lacked merit. Affirmed in part.
Court: Pennsylvania Superior Court, Judge: Olson, Filed On: April 10, 2024, Case #: J-A28007-23, Categories: Civil Procedure, Wrongful Death, Asbestos
J. Ross finds a Long Island surgical practice’s claims against a union benefits fund for breach of contract and unjust enrichment, alleging failure to provide reimbursement for medical services, are preempted by ERISA and declines to remand the case back to state court.
Court: USDC Eastern District of New York, Judge: Ross, Filed On: April 10, 2024, Case #: 2:23cv6145, NOS: Employee Retirement Income Security Act (ERISA) - Labor, Categories: Erisa, Contract, Labor / Unions
J. Breedlove finds that the lower court properly entered a bond ruling, in which it "determined that the joint bond does not suspend enforcement of the judgment as to all judgment debtors" and ordered the debtors to designate which debtor the supersedeas bond applies to. Contrary to the judgment debtors' argument on appeal, the $25 million statutory cap "applies per judgment debtor, not per judgment." Affirmed.
Court: Texas Courts of Appeals, Judge: Breedlove, Filed On: April 10, 2024, Case #: 05-23-01168-CV, Categories: Civil Procedure, Damages