96 results for 'filedAt:"2024-04-15"'.
J. Dwyer finds that the lower court properly corrected a clerical mistake on a sentencing document regarding defendant's assault conviction. The lower court has the legal authority to correct documents to reflect the terms of the sentence that the court intended to pass down, and the record shows that is exactly what the lower court did by fixing some unintentional errors in the document's wording. Affirmed.
Court: Washington Court Of Appeals, Judge: Dwyer, Filed On: April 15, 2024, Case #: 84814-3-I, Categories: Criminal Procedure, Assault
J. Lynch finds that the lower court improperly rejected the inability defense forwarded by the department of children, youth, and families concerning its failure to place a child. Despite the department's reasonable efforts, facility staffing concerns, low discharge rates, and an increase in mental health issues among adolescents during the Covid-19 pandemic created a “perfect storm” for reduced capacity at all appropriate facilities.
Court: Rhode Island Supreme Court, Judge: Lynch, Filed On: April 15, 2024, Case #: 22-59, Categories: Contempt, Family Law
J. Wright grants the bank's motion to strike the mortgagor's complaint seeking to invalidate two foreclosure sales of a duplex. The mortgagor, proceeding pro se, has not complied with the court's rules and orders, forcing the bank to delay discovery.
Court: USDC Minnesota, Judge: Wright, Filed On: April 15, 2024, Case #: 0:23cv271, NOS: Foreclosure - Real Property, Categories: Banking / Lending, Foreclosure
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J. Tallman affirmed a matter in part from a combined jury and bench trial against a munitions and explosives company in an action brought by the Santa Clarita Valley Water Agency (SCVWA) that alleged that the company was responsible for contamination of groundwater that the agency pumps from wells. The district court properly permitted SCVWA to assert restoration costs as a measure of damages for the first time after the close of discovery, SCVWA adequately established that groundwater treatment facilities were an appropriate measure of damages, and the jury award of restoration costs was reasonable. However, the district court improperly denied a finding to SCVWA a liability against the company for one category of incurred response costs under the Comprehensive Environmental Response, Compensation, and Liability Act. Affirmed in part.
Court: 9th Circuit, Judge: Tallman, Filed On: April 15, 2024, Case #: 22-55727, Categories: Environment, Water
J. Forrest finds that the district court properly entered summary judgment for the City and County of Fresno, a number of its law enforcement officers, and a paramedic in an action brought by the family of an individual who asphyxiated and died after the officers, at the direction of the paramedic, used their body weight to restrain him while he was prone in order to strap him to a backboard for hospital transport. The law-enforcement officers and the paramedic are entitled to qualified immunity. Affirmed.
Court: 9th Circuit, Judge: Forrest, Filed On: April 15, 2024, Case #: 22-15546, Categories: Civil Rights, Immunity
J. Johnson reverses the district court's dismissal of a charge for carrying a BB gun in a public place. A motor vehicle being driven on a public road is a public place, and a BB gun under the vehicle's driver's seat is therefore being carried in a public place for the purposes of the relevant statute. Reversed.
Court: Minnesota Court Of Appeals, Judge: Johnson, Filed On: April 15, 2024, Case #: A23-1257, Categories: Firearms, Vehicle
J. Bencivengo finds that the court of federal claims improperly ruled in claims brought under the National Childhood Vaccine Injury Act stemming from injuries suffered by a minor after receiving several immunizations because the court misinterpreted the term "surgical intervention." Reversed.
Court: Federal Circuit, Judge: Bencivengo, Filed On: April 15, 2024, Case #: 2023-1032, Categories: Tort
J. Clark finds that the lower court improperly denied the consumer's motion to vacate an arbitration award in a dispute over a $199 administrative fee assessed on her purchase of a camping trailer. The dealership knowingly waived its right to arbitrate by filing a motion to dismiss and asking the court to enter a final judgment on the merits of whether the fee applied to the consumer's purchase. Reversed.
Court: Missouri Court Of Appeals, Judge: Clark, Filed On: April 15, 2024, Case #: ED111498, Categories: Administrative Law, Arbitration
Upon remand, J. Barbier rules on the Fifth Circuit's question of “who, specifically” directed the closing of Louisiana's Bayou Steel plant and the illegal mass layoff of its 300 employees in 2019, without the 60-day notice required by the federal WARN Act. Black Diamond, the company that owned the private equity fund that acquired Bayou Steel, is not liable for closing the plant or terminating its employees without proper notice, merely for its decision to make additional loans to the financially troubled mill. Three directors Black Diamond installed on Bayou Steel’s board of directors apparently made the “ultimate decision” to shutter the plant once it become clear there would be no additional funding. Furthermore, the laid-off workers acknowledged Black Diamond had no legal obligation to continue lending money to the mill.
Court: USDC Eastern District of Louisiana , Judge: Papillion, Filed On: April 15, 2024, Case #: 2:20cv1476, NOS: Other Labor Litigation - Labor, Categories: Employment, Business Practices
J. Boardman denies the Trustee of the bankruptcy estate’s motion to dismiss this bankruptcy appeal. The court dismisses a compensation order for lack of jurisdiction, vacates the bankruptcy court’s denial of motion to dismiss, and remands the case back to the bankruptcy court for further proceedings. The bankruptcy court abused its discretion in denying the consumer’s motion to dismiss.
Court: USDC Maryland, Judge: Boardman, Filed On: April 15, 2024, Case #: 8:23cv3135, NOS: Bankruptcy Appeal 28 USC 158 - Bankruptcy, Categories: Bankruptcy, Civil Procedure, Jurisdiction
J. Hall trims a class action against an energy services broker that was sued by a group of property owners who say it charged them exorbitant variable monthly rates for gas services following the automatic renewal of their respective agreements. The only claim to survive is one for implied covenant of good faith and fair dealing, finding the property owners reasonably expected their rates to be based on current market prices or, at the very least, not double the initial rate after their contracts were renewed.
Court: USDC Eastern District of New York, Judge: Hall, Filed On: April 15, 2024, Case #: 2:22cv3664, NOS: Other Contract - Contract, Categories: Energy, Class Action
J. Holloway finds the lower court properly denied defendant’s petition for post-conviction relief. Defendant was convicted of aggravated statutory rape for engaging in sexual relations with a then 16-year-old girl, and was sentenced to 12 years incarceration. Defendant’s enhanced sentence as a Range III career offender is reasonable as the lower court took into account his seven prior felony convictions. Defendant’s argument of violation of due process is waived, as it was not brought up on lower court proceedings, and his claim of ineffective assistance of counsel fails, as the instant court finds no deficiency in his representation. Affirmed.
Court: Tennessee Court of Criminal Appeals, Judge: Holloway, Filed On: April 15, 2024, Case #: M2023-00320-CCA-R3-PC, Categories: Ineffective Assistance, Sex Offender, Due Process
J. Mathias finds that the trial court properly allowed plaintiff, a member of the church board of trustees, to continue negligence claims brought after he fell from a ladder while doing construction work on a shed because worship did not take place where the shed was located, and thus the case was not subject to statute regarding personal injuries in places of worship. Affirmed.
Court: Indiana Court Of Appeals, Judge: Mathias, Filed On: April 15, 2024, Case #: 23A-CT-1728, Categories: Property, Negligence
J. Falk finds a lower court properly dismissed a property investment group's challenge to an income tax imposition by revenue and customs. The property company argued that it was not obligated to deduct interest payments on financed debt. However, revenue and customs sufficiently showed in court that interest on loans they took out were established in the U.K.
Court: Her Majesty's Court of Appeal, Judge: Falk, Filed On: April 15, 2024, Case #: CA-2023-1517, Categories: Property, Tax
J. Mullen finds that the lower court properly affirmed the workers' compensation commission's decision denying the worker's claim for additional injuries after originally awarded him permanent partial disability benefits of $609 per week for 41 weeks. The commission reasonably relied on medical expert testimony that there is way that the worker's ankle injury would cause arthritis in his knee and hip. Affirmed.
Court: Illinois Appellate Court, Judge: Mullen, Filed On: April 15, 2024, Case #: 230180WC, Categories: Agency, Workers' Compensation
J. Mullen finds that the lower court properly found the deceased's partner was not his valid spouse, as they were never legally married despite having a marriage ceremony because the deceased was a ward and lacked the capacity to consent to the marriage. Illinois does not recognize common law marriage, and the woman raised her putative-spouse claim more than two years after the man's death, leaving them barred by the Probate Act. Affirmed.
Court: Illinois Appellate Court, Judge: Mullen, Filed On: April 15, 2024, Case #: 230195, Categories: Family Law, Wills / Probate
Per curiam, the circuit finds that the district court properly confirmed an arbitration award assessing withdrawal liability against a business that contributed to a multi-employer union pension fund. The ERISA exemption from liability did not apply when the business shut down because the firm and its predecessor-in-interest provided installation and maintenance for Time Warner Cable in the New York City area, services which were not part of the building and construction industry. Affirmed.
Court: 2nd Circuit, Judge: Per curiam, Filed On: April 15, 2024, Case #: 23-647-cv, Categories: Erisa
[Consolidated.] J. Bright finds the trial court properly dismissed a renewable energy developer’s declaratory and injunctive relief for a lack of standing to assert claims against a competing energy developer and its subsidiary for a construction project. The renewable energy developer alleges the competing energy developer’s bid certification was false but fails to show the fraud, corruption or favoritism that allegedly undermines the bidding process. Affirmed.
Court: Connecticut Court Of Appeals, Judge: Bright, Filed On: April 15, 2024, Case #: AC54620, Categories: Construction, Energy, Fraud
J. Frisch affirms the district court's grant of summary judgment to the school district transportation service coordinators and consultants in the transportation service providers' suit against them stemming from the providers' loss of actual or prospective business. Breach of illusory contract is not a cognizable cause of action under Minnesota law, and the district court properly disregarded several statements that would not be admissible at trial in considering summary judgment motions. Breach-of-contract and tortious-interference claims were also properly dismissed. Affirmed.
Court: Minnesota Court Of Appeals, Judge: Frisch, Filed On: April 15, 2024, Case #: A23-0644, Categories: Interference With Contract, Contract
J. Haynes finds the district court properly dismissed the civil rights complaint. County employees alleged the constable, upon his election, instituted certain reforms to ensure he would continue to be elected, including retaliating against employees who impeded his campaign functions. Retaliation allegedly included various actions from transfer to termination. The employees fail to show that alleged First Amendment violations resulted from an official county policy. Affirmed.
Court: 5th Circuit, Judge: Haynes , Filed On: April 15, 2024, Case #: 22-20627, Categories: Elections, Government, Employment Retaliation
Per curiam, the Oklahoma Supreme Court approves Richard David Marrs' resignation pending disciplinary proceedings. Marrs is aware of allegations of his violations of rules of professional conduct and disciplinary proceedings. The attorney may apply for reinstatement after five years. His resignation was freely and voluntarily tendered, and he agrees to all conditions.
Court: Oklahoma Supreme Court, Judge: Per curiam, Filed On: April 15, 2024, Case #: SCBD-7599, Categories: Due Process, Attorney Discipline
J. Nachmanoff grants the hospital's motion for summary judgment. The employee claimed the hospital's the COVID-19 vaccination requirement violated his religious beliefs concerning abortion, which prevent him from taking any product developed or tested using aborted fetal cell lines. However, the hospital had approved use of the Novavax vaccine that does not contain fetal cell lines.
Court: USDC Eastern District of Virginia, Judge: Nachmanoff, Filed On: April 15, 2024, Case #: 1:23cv132, NOS: Employment - Civil Rights, Categories: Covid-19, Employment Discrimination, First Amendment