122 results for 'filedAt:"2024-04-16"'.
J. Fasciale finds that the appellate division improperly dismissed claims in which neurosurgeons contend a hospital failed to negotiate in good faith and granted other neurosurgeons exclusive rights when a new hospital opened, as the challenge to exclusive rights privileges were not "subsumed" by the implied covenant claim, and plaintiffs plausibly claimed an implied contract had been entered. Reversed.
Court: New Jersey Supreme Court, Judge: Fasciale , Filed On: April 16, 2024, Case #: A-52-22, Categories: Contract
J. Murguia dismisses a complaint of judicial misconduct against a district judge. The matter is governed by the Rules for Judicial Conduct and Judicial-Disability Proceedings, therefore, the names of complainant and the subject judge are not disclosed in the order.
Court: 9th Circuit, Judge: Murguia, Filed On: April 16, 2024, Case #: 22-90122, Categories: Judiciary
J. Berzon denies a petition for panel rehearing and amends an opinion filed on July 3, 2023, now affirming the district court’s summary judgment in favor of the U.S. Forest Service in an action brought by an environmental group alleging that the Service’s approval of the Walton Lake Restoration Project violated the National Environmental Policy Act. The Forest Service developed the Project to replace trees infested with laminated root rot and bark beetles with disease-resistant trees. The judgment of the district court is affirmed and the previous stay of its order dissolving the preliminary injunction is lifted. Affirmed.
Court: 9th Circuit, Judge: Berzon, Filed On: April 16, 2024, Case #: 22-35857, Categories: Environment
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J. Landau finds the lower court properly found in favor of a bounce house company in this matter of alleged negligence. A child fractured his leg while jumping in an inflatable bounce house at a birthday party. A parent of the child filed suit against the bounce house company claiming it was negligent because it did not have a trained attendant at the party to supervise the use of the bounce house, but provided no evidence to show that supervision by the company would have prevented any injury. The instant court finds no error in the lower court’s decision to dismiss. Affirmed.
Court: Texas Courts of Appeals, Judge: Landau, Filed On: April 16, 2024, Case #: 01-22-00898-CV, Categories: Evidence, Negligence
J. Stroud finds that the trial court improperly ruled for the homeowners' association in this dispute over fines assessed for chickens certain homeowners kept on their lot because the court misinterpreted language in the community covenant to exclude chickens as household pets. Reversed.
Court: North Carolina Court of Appeals, Judge: Stroud, Filed On: April 16, 2024, Case #: COA22-919, Categories: Property, Contract
J. Davis finds for the U.S. in claims challenging the finding that the general services administration overpaid a company for real estate tax increases for six years because the company failed to establish grounds to sue for damages related to the overpayment.
Court: Court of Federal Claims, Judge: Davis, Filed On: April 16, 2024, Case #: 20-116C, Categories: Tax, Contract
J. Hess finds that the lower court properly granted the plaintiff property owners a prescriptive easement over defendant's property to access their property. Substantial evidence supports the plaintiff's position that their use of defendant's property was adverse from 1999 to 2019. Affirmed.
Court: Missouri Court Of Appeals, Judge: Hess, Filed On: April 16, 2024, Case #: ED111508, Categories: Property
J. Rovner finds that the lower court properly sentenced defendant to 120 months in prison for possession of a firearm as a felon after rejecting a binding plea agreement providing for a 96-month sentence. Defendant was fully aware that the acceptance of defendant's guilty plea did not ensure the acceptance of the binding plea agreement, and there is no merit to the claim that the court improperly inserted itself into the plea negotiation process. Affirmed.
Court: 7th Circuit, Judge: Rovner, Filed On: April 16, 2024, Case #: 22-2364, Categories: Firearms, Sentencing, Plea
J. Heytens finds the lower court improperly granted summary judgment to the state on a Title IX claim. The state claimed its law establishing that athletic teams or sports designated for females, women or girls shall not be open to students of the male sex, defined as an individual whose biological sex determined at birth is male, didn't violate Title IX because it gave the eight-grade transgender girl the option to still participate in sports so long as it was with the boys team. Requiring the girl to countermand her social transition, her medical treatment and all the work she has done with her schools, teachers and coaches for nearly half her life by introducing herself to teammates, coaches and even opponents as a boy is unreasonable. Reversed.
Court: 4th Circuit, Judge: Heytens, Filed On: April 16, 2024, Case #: 23-1078, Categories: Civil Rights, Education, Injunction
J. Motz finds the lower court properly convicted a group of gang members accused of racketeering conspiracy, murder, attempted murder and related crimes. The gang members contend that neither violent crimes in aid of racketeering (VICAR) attempted murder based on Virginia attempted murder nor VICAR attempted assault with a dangerous weapon based on Virginia unlawful wounding constitute valid predicates for crimes of violence. Even an attempt is a crime of violence if the completed offense invariably requires the use of physical force. Affirmed.
Court: 4th Circuit, Judge: Motz, Filed On: April 16, 2024, Case #: 21-4231, Categories: Murder, Racketeering, Gangs
J. Love finds that the trial court properly granted defendant's motion to suppress evidence seized. The state does not show that the concealed gun evidence would have been discovered "inevitably or by an independent source." Further, the mere concealment of a firearm is not an offense subject to an arrest. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Love, Filed On: April 16, 2024, Case #: 2024-K-0169, Categories: Evidence, Firearms, Miranda
J. Gilliam allows some class false advertising claims to proceed against Bob’s Red Mill Natural Food over the presence of cadmium in its flaxseed products, despite claims on the packaging that the products are healthy. Several of the claims are tossed for not being able to show that the trace amounts found in the products pose any kind of health risk, but some proceed on the grounds that the alleged misrepresentations still resulted in consumers overpaying for them.
Court: USDC Northern District of California, Judge: Gilliam, Filed On: April 16, 2024, Case #: 4:23cv3862, NOS: Other Contract - Contract, Categories: Class Action, False Advertising
J. Zipps denies the Tohono O'odham Nation, San Carlos Apache Tribe, Archaeology Southwest, and the Center for Biological Diversity's motion for restraining order and injunctive relief concerning claims that the U.S. Bureau of Land Management violated the National Historic Preservation Act by authorizing the construction of a transmission line without taking measures to assess the impact it would have on the Traditional Cultural Properties and local Native American tribes. The land management authority presented sufficient evidence in court that it properly solicited feedback from the tribes during the process and invited them to consult on various assessments on the historic property.
Court: USDC Arizona, Judge: Zipps, Filed On: April 16, 2024, Case #: 4:24cv34, NOS: Environmental Matters - Other Suits, Categories: Construction, Government, Native Americans
Per curiam, the appellate division finds that the lower court properly dismissed the woman's personal injury suit against the housing authority. While the statute of limitations to file was tolled as a result of the Covid-19 pandemic, she still filed suit almost three months past the tolled deadline. Affirmed.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: April 16, 2024, Case #: 02010, Categories: Civil Procedure, Tort, Covid-19
J. Chuang grants a tenant’s motion for modification of the order of remand to require payment of actual expenses and attorney fees in this fair credit reporting and consumer protection dispute against a property manager and management company. The tenant became very ill and had to relocate due to growth of mold withholding rent and late fees. This case will proceed to trial soon in state court, but this court will retain jurisdiction only for confirming and awarding attorney fees and costs.
Court: USDC Maryland, Judge: Chuang, Filed On: April 16, 2024, Case #: 8:24cv452, NOS: Consumer Credit - Other Suits, Categories: Debt Collection, Landlord Tenant, Jurisdiction
Per curiam, the appellate division finds that the lower court improperly granted the landlord's petition to impose rent increases based on the installation of major capital improvements. The city agency reasonably applied part K amendments from the Housing Stability and Tenant Protection Act when considering the landlord's applications. Reversed.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: April 16, 2024, Case #: 02003, Categories: Housing, Agency
Per curiam, the appellate division finds that the lower court properly found for the state employer, which denied employees' applications for religious exemptions from the Covid-19 mandate. The vaccine mandate was rationally related to the state's goal of slowing the spread of Covid-19, and petitioners failed to provide supplemental information regarding their religious beliefs. Affirmed.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: April 16, 2024, Case #: 02012, Categories: Covid-19, Employment Discrimination
J. McCalla partially grants the parties' motions in limine in this lawsuit brought by a former employee asserting claims for battery, harassment and retaliation. The former employee and other lay witnesses can provide personal observations of her symptoms, but they cannot provide "their own, unsupported diagnoses of specific mental health conditions, or to causation of Plaintiff's symptoms or conditions."
Court: USDC Western District of Tennessee , Judge: McCalla, Filed On: April 16, 2024, Case #: 2:22cv2683, NOS: Other Labor Litigation - Labor, Categories: Evidence, Employment Discrimination, Employment Retaliation
J. Hansen finds that partners in a business that broke up during a mortgage default are still liable for the remaining debt after foreclosure per the clear, enforceable language of the mortgage agreement. One of the partners in the business break-up, who controlled the mortgage, is liable for indemnification of the other partners under the applicable laws. An issue of fact as to which partner signed the mortgage shall be resolved at trial.
Court: USDC Southern District of Texas, Judge: Hansen, Filed On: April 16, 2024, Case #: 4:22cv3901, NOS: Other Contract - Contract, Categories: Bankruptcy, Corporations, Debt Collection