148 results for 'filedAt:"2024-04-19"'.
J. Aiken denies the government's motion to stay proceedings while its writ of mandamus is pending in the 9th Circuit. The young activists claim that the government knowingly destabilized the Oregon population's climate system by approving of the Jordan Cove Liquified Natural Gas Terminal in Coos Bay, which became the largest source of carbon dioxide emissions in Oregon. The government and others repeatedly delayed the case from entering the evidentiary phase for almost 10 years, and they do not identify any new issues that would justify a further stay or convince this court that the 9th Circuit is likely to grant the petition for mandamus.
Court: USDC Oregon, Judge: Aiken, Filed On: April 19, 2024, Case #: 6:15cv1517, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Environment, Government
J. Matheson finds that the lower court properly convicted defendant of attempted enticement of a minor. Defendant claims there was not enough evidence to convict him and that the lower court improperly gave jury instructions related to "grooming." Even if the grooming instruction was removed, the jury still had enough evidence from which to find that defendant was attempting to entice a minor through graphic conversations and making travel arrangements to meet them. Affirmed.
Court: 10th Circuit, Judge: Matheson, Filed On: April 19, 2024, Case #: 22-5088, Categories: Child Victims, Jury Instructions
J. Oxley finds that the lower court properly dismissed fiduciary duty claims that minority shareholders in a family farming corporation brought against their brother and father because they failed to provide evidence indicating the brother acted as an agent for the operation. Even though he was the operations manager, the brother would have been acting in his own interests or as an employee.
Court: Iowa Supreme Court, Judge: Oxley, Filed On: April 19, 2024, Case #: 22-0259, Categories: Fraud, Fiduciary Duty
J. Oxley finds that defendant was properly convicted of child exploitation for recording his wife's 15-year-old sister using the bathroom without her knowledge because the act met the statutory definition of a “prohibited sexual act” by consisting of “[n]udity of a minor for the purpose of arousing or satisfying the sexual desires of a person who may view a visual depiction of the nude minor.” Affirmed.
Court: Iowa Supreme Court, Judge: Oxley, Filed On: April 19, 2024, Case #: 23-0600, Categories: Sex Offender, Child Pornography
Want access to unlimited case records and advanced research tools? Create your free CasePortal account now. No credit card required to register.
Try CasePortal for Free
J. McDonald finds that claims seeking punitive damages concerning the administration of drainage districts were properly dismissed since plaintiffs conceded the county did not owe a fiduciary duty in administering the districts or providing engineering services, and punitive damages could not be sought in stand-alone claims. Affirmed.
Court: Iowa Supreme Court, Judge: McDonald, Filed On: April 19, 2024, Case #: 23-0866, Categories: Municipal Law, Damages
J. Van Cleef upholds defendant's conviction for attempting to evade arrest and detention and 10-year sentence. Captured after a manhunt, he was arrested for possession of methamphetamine then treated at a hospital, under law enforcement supervision. After his hospital discharge, he “took off running” while handcuffed and was then recaptured by a game warden and a K-9 dog. Affirmed.
Court: Texas Court of Criminal Appeals, Judge: Van Cleef, Filed On: April 19, 2024, Case #: 6-23-197-CR, Categories: Drug Offender, Escape
J. Taylor grants an insurer summary judgment in a Lyft driver's claims seeking uninsured motorist benefits following an accident because the policy specifically excludes UIM coverage when the car is available for hire, and the driver had been logged into Lyft's mobile application at the time of the accident. Affirmed.
Court: Kentucky Court Of Appeals, Judge: Taylor, Filed On: April 19, 2024, Case #: 2023-CA-0447-MR, Categories: Insurance
J. McNeill finds that the lower court properly held that a gas company had the right to condemn plaintiff's property to construct a natural gas pipeline because the conservation easement did not protect the land from eminent domain since the action concerned public use and plaintiff received proper compensation.
Court: Kentucky Court Of Appeals, Judge: McNeill, Filed On: April 19, 2024, Case #: 2023-CA-0458-MR, Categories: Energy, Property
J. Corley dismisses employment discrimination claims from a former employee of UPS who says she was repeatedly mocked for her age and weight while on duty. One co-worker allegedly taunted her by asking, "Mirror mirror on the wall, whos’ the fattest of them all?” during work. Several procedural problems plague her claims. She did not file her first suit within the limitations period, she did not give UPS proper notice of the suit, and she did not exhaust all of her options outlined in her collective bargaining agreement.
Court: USDC Northern District of California, Judge: Corley, Filed On: April 19, 2024, Case #: 3:23cv5785, NOS: Other Labor Litigation - Labor, Categories: Employment Discrimination
J. Welch finds that the trial court improperly granted the estate executor's motion for involuntary dismissal of the decedent's son's opposition to probate a 2020 notarial testament. It was legal error for the trial court to put the initial burden of proof on the decedent's son instead of the executor, so the case is remanded for a new hearing. Vacated.
Court: Louisiana Court Of Appeal, Judge: Welch, Filed On: April 19, 2024, Case #: 2023CA0861, Categories: Fraud, Wills / Probate
J. Kennelly partially grants a former Chicago public school student’s motion for class certification, for all students who “participated in the Quiet Time program in Chicago Public Schools during Chicago Public School’s academic calendar” between 2015 and 2019, and turned 18 on Jan. 13, 2021, or later. The court finds the student has sufficiently alleged the public school system’s “Quiet Time” program had “hidden” Hindu religious elements, such as chanting Sanskrit mantras that honored Hindu deities.
Court: USDC Northern District of Illinois, Judge: Kennelly, Filed On: April 19, 2024, Case #: 123cv218, NOS: Other Civil Rights - Civil Rights, Categories: Education, Class Action, First Amendment
J. Hester vacates defendant's habitual offender adjudications and sentences after being found guilty on counts of firearm possession and obstruction of justice. Defendant's prior convictions for aggravated battery and aggravated criminal damage to property should not have been used "as both a predicate to the instant firearm offenses and a prior conviction for purposes of enhancing those same offenses under the habitual offender law." Vacated in part.
Court: Louisiana Court Of Appeal, Judge: Hester, Filed On: April 19, 2024, Case #: 2023KA1082, Categories: Firearms, Sentencing
J. Welch finds that the lower court improperly denied and dismissed the adult child of the decedent’s petition to probate a notarial testament filed by another party. Legal errors by the lower court “skewed the fact-finding process.” Vacated.
Court: Louisiana Court Of Appeal, Judge: Welch, Filed On: April 19, 2024, Case #: 2023 CA 0861, Categories: Wills / Probate
J. Hester finds that the lower court improperly found a dog owner strictly liable for any damages caused by her dog in an incident in which it attacked a man and his two dogs. The affidavits of the plaintiffs alone did not establish that they did not provoke the attacking dog. Reversed in part.
Court: Louisiana Court Of Appeal, Judge: Hester, Filed On: April 19, 2024, Case #: 2023 CA 0611, Categories: Damages
J. Rosenthal finds for an insurance company on its claim against another insurer for the $1 million it paid to settle a car collision case, along with $169,000 in attorney fees and costs. The other insurer's policies completely cover the settlement at issue.
Court: USDC Eastern District of California, Judge: Rosenthal, Filed On: April 19, 2024, Case #: 1:18cv1319, NOS: Insurance - Contract, Categories: Insurance, Settlements, Attorney Fees
J. Lindsay enters judgment in favor of a commercial door hardware manufacturer on the remaining breach of contract claim alleging it failed to provide a reseller with a continuous supply of if its products to ensure the reseller fulfilled its government contracts. The court considers the letters of supply provided by the manufacturer neither part of their dealer purchase agreement nor an enforceable contract, and further finds the supplier had not breached the original agreement because they agreed to continue supplying merchandise.
Court: USDC Eastern District of New York, Judge: Lindsay, Filed On: April 19, 2024, Case #: 2:15cv6280, NOS: Other Contract - Contract, Categories: Contract
J. Brown finds that the district court properly determined that a gas supplier breached its industrial gas supply contract with a chemical manufacturer and properly awarded $88 million in lost profits. The manufacturer's counsel maintained that he could prove to the jury that the damages claim for lost profits and cover damages were valued at $100 million, and the district court used the proper model for calculating damages. Further, the manufacturer shows that there were lost sales due to the breach of contract based on testimony and evidence. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Brown, Filed On: April 19, 2024, Case #: 2022-CA-0777, Categories: Energy, Damages, Contract
J. Carter denies the council's motion for a preliminary injunction against the state's age-based sales restriction on diet pills and supplements for muscle building that contain ingredients other than protein. The state has a legitimate governmental interest in protecting minors from access to dietary supplements that are connected to eating disorders. Further, the law does not regulate the supplement-maker's speech or the manner in which they advertise their products, just that customers show verification they are over age 18 to purchase the products.
Court: USDC Southern District of New York, Judge: Carter, Filed On: April 19, 2024, Case #: 1:24cv1881, NOS: Other Civil Rights - Civil Rights, Categories: Commerce, Restraining Order, First Amendment
J. Cobb grants the Campaign for Accountability’s cross-motion for summary judgment in its suit seeking to require the Department of Justice, Office of Legal Counsel to make certain records available to the public under the “reading-room” provision of the Freedom of Information Act. Deliberative process privilege “does not categorically protect the OLC’s formal written opinions resolving interagency disputes.” Thus, those opinions are subject to the “affirmative disclosure requirements of FOIA’s reading-room provision.
Court: USDC District of Columbia, Judge: Cobb, Filed On: April 19, 2024, Case #: 1:16cv1068, NOS: Freedom of Information Act (FOIA) - Other Suits, Categories: Government
J. Engelmayer denies the Danish shipping company's motion to dismiss an American shipping company's conversion claim it wrongfully took delivery of five of its shipping containers and refused to return them. The Danish shipper cannot avoid liability because it belatedly returned four of the containers, as its rival may be able to show losses from the taking. Further, the court will not strike the American shipper's request for punitive damages at this stage in litigation.
Court: USDC Southern District of New York, Judge: Engelmayer, Filed On: April 19, 2024, Case #: 1:23cv10283, NOS: Other Fraud - Torts - Personal Property, Categories: Damages, Conversion