159 results for 'filedAt:"2024-04-18"'.
J. Pedersen finds that the lower court properly terminated the father's parental rights following a bench trial. Contrary to the father's argument on appeal, the evidence sufficiently supports the termination order. The family plan and the permanency order informed the father of "his obligations to retain his parental rights," and the evidence shows that he failed to fully comply with certain material provisions, particularly as to substance abuse. Affirmed.
Court: Texas Courts of Appeals, Judge: Pedersen, Filed On: April 18, 2024, Case #: 05-23-01056-CV, Categories: Evidence, Family Law
J. Holcomb denies the government's motion to dismiss a naturalized citizen's allegations of violation of the Fifth Amendment after he filed an I-130 petition on behalf of his stepson, which the government revoked, because the citizen did not establish “that the beneficiary legally changed his name." The court possesses subject matter jurisdiction. It is premature for the court to rule on whether the statute is unconstitutionally vague as applied to this action. The citizen has sufficiently stated an equal protection claim in asserting that Yemeni-Americans and their family members are subjected to a heightened evidentiary burden that is not applied to other citizens. The citizen has sufficiently stated a procedural due process claim by alleging that Immigration Services did not include his marriage certificate in the appeal sent to the Board of Immigration Appeals.
Court: USDC Central District of California, Judge: Holcomb, Filed On: April 18, 2024, Case #: 8:23cv624, NOS: Other Immigration Actions - Immigration, Categories: Immigration
J. McEvers remands a matter to juvenile court concerning the termination of parental rights. Although competent evidence existed allowing for termination of parental rights, because the juvenile court had discretion to terminate parental rights, remand was necessary for the court to exercise its discretion.
Court: North Dakota Supreme Court, Judge: McEvers, Filed On: April 18, 2024, Case #: 2024ND70, Categories: Family Law, Juvenile Law
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J. Fischer finds defendant's constitutional rights were not violated when the adult trial court added a tampering with evidence charge not considered by the juvenile trial court. The charge stemmed from the same actions that formed the basis of the original criminal complaint for murder and assault. Ohio law specifically allows adult courts to consider charges not bound over by a juvenile court, and because evidence presented during defendant's bind-over hearing established he sold the stolen gun used in the shooting to avoid prosecution, the tampering charge was properly added to the eventual indictment. Reversed.
Court: Ohio Supreme Court, Judge: Fischer, Filed On: April 18, 2024, Case #: 2024-Ohio-1433, Categories: Constitution, Juvenile Law, Murder
J. Womack finds the circuit court improperly denied the remaining plaintiffs-attorneys' petition for declaratory judgment. The attorneys, as officers of the court, seek to carry guns in court. As officers of the court, according to the clear language of amendment 80 of the Arkansas Constitution, the attorneys are allowed to carry guns in courthouses. The Arkansas Supreme Court distinguished courtrooms from courthouses because the General Assembly distinguished them in the section being interpreted, not considering courthouses and courtrooms the same. Courtroom-specific claims may proceed. Reversed in part.
Court: Arkansas Supreme Court, Judge: Womack , Filed On: April 18, 2024, Case #: CV-23-477, Categories: Constitution, Firearms, Attorney Discipline
J. VanMeter finds that an indefinite suspension should be imposed upon attorney Gary Alan Tabler for failing to timely estate inventories and periodic settlements while functioning as long-term administrator of an estate, then failing to respond to the charge.
Court: Kentucky Supreme Court, Judge: VanMeter, Filed On: April 18, 2024, Case #: 2024-SC-0027-KB, Categories: Attorney Discipline
J. Clark finds that the lower court properly held the county responsible for poor road conditions that caused a motorcyclist to be thrown from his bike after losing control of the vehicle. The motorcyclist may have been convicted of DUI, but driving while intoxicated had not been the proximate cause of his injuries, as his traveling companions also had problems controlling their bikes on the same stretch of roadway. Affirmed in part.
Court: New York Appellate Divisions, Judge: Clark, Filed On: April 18, 2024, Case #: 535621, Categories: Tort, Vehicle
Per curiam, the appellate division finds that the lower court properly convicted defendant based on his guilty plea to vehicular assault for injuring a child as passenger while driving under the influence of drugs. Defendant contends his sentence was harsh, but the underlying offense was serious, and he was a second felony offender. Affirmed.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: April 18, 2024, Case #: 112913, Categories: Sentencing, Dui
Per curiam, the appellate division finds that defendant was properly convicted based on his guilty plea to rape for engaging in sexual activity with an 11-year-old relative. Defendant challenged the imposition of the maximum term of probation, but the record indicates he failed to fully accept responsibility for the crime, insisting he was protecting a young girl who was "overly hormonal" and "super aggressive sexually." Affirmed.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: April 18, 2024, Case #: 113103, Categories: Sentencing, Child Victims
Per curiam, the appellate division finds that the lower court properly resentenced defendant for attempted robbery. Defendant contends the sentence was harsh, but his sentence should not be reduced in the interest of justice based on the fact that he admitted guilt and suffered mental health issues, as his criminal history was extensive and he had discharged a gun on a public street to prevent recovery of property he stole. Affirmed.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: April 18, 2024, Case #: 113492, Categories: Robbery, Sentencing
Per curiam, the appellate division finds that the lower court properly dismissed an inmate's request to compel recalculation of two sentences to run concurrently. Defendant was serving time for a previous crime when he was sentenced as a second felony offender for a new crime, and thus the law required that the sentences run consecutively. Affirmed.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: April 18, 2024, Case #: CV-23-0814, Categories: Sentencing
Per curiam, the appellate division finds that an inmate was properly found guilty of violating prison rules by making a violent threat against staff during a telephone call because the finding was supported by the recording of the call as submitted for in camera review, along with the misbehavior report and hearing testimony. Affirmed.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: April 18, 2024, Case #: CV-23-1809, Categories: Evidence, Prisoners' Rights
Per curiam, the court of appeals finds that an insurer was improperly denied summary judgment in claims seeking personal protection insurance benefits under Michigan's no-fault act because the benefits exceeded fee schedule provisions outlined in MCL 500.3157. Reversed.
Court: Michigan Court of Appeals, Judge: Per curiam, Filed On: April 18, 2024, Case #: 362739, Categories: Insurance
J. Shanker dismisses appeals arising from two residents' challenges to spikes in their water bills, believing defective equipment led to the charges. The Office of the People's Counsel, which filed the appeals, lacks standing, as it was not a party to the proceedings before the hearing officer.
Court: DC Court of Appeals, Judge: Shanker, Filed On: April 18, 2024, Case #: 22-AA-0449, Categories: Administrative Law, Civil Procedure
J. Deahl finds it is unclear whether defendant, who was convicted of firearm possession, consented to a search of his pocket after he was stopped by officers because he matched the description of an armed robber in that location. Upon remand, the trial court must determine whether defendant "freely and voluntarily" consented to the search.
Court: DC Court of Appeals, Judge: Deahl, Filed On: April 18, 2024, Case #: 22-CF-0520 , Categories: Evidence, Firearms, Search
J. Schroeder rules in favor of an insulating glass manufacturer in its patent infringement suit against a glass fabrication equipment firm over a specific method and apparatus for heating and tempering glass. The parties argue over the meaning of some of the terms in the patents’ claims. The firm maintains that certain claims are indefinite. However, the manufacturer’s claims construction is sufficient and adopted.
Court: USDC Middle District of North Carolina, Judge: Schroeder, Filed On: April 18, 2024, Case #: 1:21cv942, NOS: Patent - Property Rights, Categories: Patent
J. Longoria finds that the lower court properly denied the doctor's dismissal motion in this health care liability lawsuit stemming from a procedure to remove a possible lipoma that allegedly resulted in an injury to the patient's liver. The doctor contends that the expert report is insufficient as to causation, but the court notes that the report "need not marshal all the plaintiff's proof necessary to establish causation at trial." Also, the expert sufficiently linked "his conclusions with the underlying facts." Affirmed.
Court: Texas Courts of Appeals, Judge: Longoria, Filed On: April 18, 2024, Case #: 13-22-00504-CV, Categories: Experts, Medical Malpractice
J. Bernal finds in favor of the management consulting company on the camera operator's complaint alleging that he was fired for not submitting proof of getting a Covid-19 vaccination after it denied his religious exemption to the vaccine. The camera operator argues that the company did not accommodate his religious beliefs, but allowing him to continue working without receiving the vaccine "would have exposed [his] co-workers to a greater risk of Covid-19 infection" and put his co-workers' lives in danger.
Court: USDC Central District of California, Judge: Bernal, Filed On: April 18, 2024, Case #: 5:22cv2220, NOS: Employment - Civil Rights, Categories: Employment, Covid-19, Employment Discrimination
J. Horton finds that the lower court properly ruled for the defendant restaurant operator in this lawsuit brought by a pair of customers alleging race discrimination under the Maine Human Rights Act, based on an alleged racial slur by one of the restaurant's employees. The lower court did not err in determining that the company was not vicariously liable for the employee's actions, as the company has a zero-tolerance policy regarding discrimination and promptly responded to the customer's complaint. Affirmed.
Court: Maine Supreme Court, Judge: Horton, Filed On: April 18, 2024, Case #: 2024ME27, Categories: Civil Procedure, Civil Rights, Employment
J. Mortensen finds that the trial court improperly dismissed a customer's discrimination claim against a Burger King franchise owner. Respondeat superior vicarious liability applies to the Civil Rights Act and a jury must determine whether a shift supervisor was acting within the scope of her employment when she used racial epithets and enlisted a friend to assault the customer. Reversed.
Court: Utah Court Of Appeals, Judge: Mortensen, Filed On: April 18, 2024, Case #: 20221003-CA, Categories: Civil Rights, Tort
J. Ryan finds the lower court properly granted the employer's motion for summary judgment. Although the nursing manager made comments about potential safety issues shortly before her termination, none of the issues implicate a specific public policy that would allow her to prevail on her wrongful termination claim, while her abrasive and bully-like behavior toward subordinates gave the employer a legitimate reason to fire her. Affirmed.
Court: Ohio Court Of Appeals, Judge: Ryan, Filed On: April 18, 2024, Case #: 2024-Ohio-1471, Categories: Employment, Health Care, Employment Retaliation
J. Hudson finds the circuit court properly denied defendant's petition for writ of mandamus seeking to withdraw his guilty plea for his conviction on a charge of attempting to furnish a prohibited article into a correctional facility. Separate from his murder, assault, burglary and kidnapping charges, defendant attempted to introduce a cell phone battery into his jail cell while awaiting trial. After a guilty plea conviction, the conviction and sentence cannot be modified. Affirmed.
Court: Arkansas Supreme Court, Judge: Hudson , Filed On: April 18, 2024, Case #: CR-23-646, Categories: Sentencing, Smuggling, Plea