110 results for 'filedAt:"2024-04-22"'.
J. Berkenkotter finds the lower court erroneously determined a trial court may use external evidence, including the insurance coverage of a plaintiff, to determine whether a prevailing plaintiff in a medical malpractice suit is entitled to exceed the statutory damages cap of $1 million because it allows tortfeasors to benefit from collateral payments made on behalf of a victim. Therefore, the case will be remanded to the trial court to allow for proper calculation of damages based on the jury's original award. Reversed in part.
Court: Colorado Supreme Court, Judge: Berkenkotter, Filed On: April 22, 2024, Case #: 2024CO22, Categories: Insurance, Damages, Medical Malpractice
J. Powell finds the lower court properly denied the father's motion to terminate the parents' shared parenting plan and name him sole residential guardian of their child. Although the mother ignored portions of the plan, denied the father parenting time on several occasions and often spoke to the child about the father in a derogatory manner, she attended therapy sessions and made genuine attempts to correct her behavior while maintaining a strong bond with the child, which made it in the child's best interest for the plan to remain in place. Affirmed.
Court: Ohio Court Of Appeals, Judge: Powell, Filed On: April 22, 2024, Case #: 2024-Ohio-1519, Categories: Evidence, Family Law
J. Miller finds the trial court properly granted the maternal grandmother's motion for permanent custody and determined the father had abandoned the child. Not only had he failed to visit the child while the mother was still alive, the mother had been granted a protection order against the father, while the grandmother also agreed to allow limited visitation, which prevented a full termination of his rights. Affirmed.
Court: Ohio Court Of Appeals, Judge: Miller, Filed On: April 22, 2024, Case #: 2024-Ohio-1535, Categories: Evidence, Family Law
[Consolidated.] J. Lanzinger finds the trial court improperly granted the estate's motion to limit the hospital's cross-examination of its expert witness regarding the suspension of his medical license. The suspension was the direct result of fraudulent bookkeeping, which reflects directly on the witness's truthfulness and character and may have affected the ultimate decision of the jury. Reversed.
Court: Ohio Court Of Appeals, Judge: Lanzinger, Filed On: April 22, 2024, Case #: 2024-Ohio-1518, Categories: Experts, Medical Malpractice
J. Miller finds the trial court properly ordered the marital home be sold as part of the couple's divorce. The wife failed to produce evidence she was able to refinance the property to remain there with the children, while there is also no requirement for a court to allow a party to keep the marital home. Meanwhile, although the husband used retirement funds prior to the parties' divorce, he did so to support himself, not as a way to intentionally harm the wife; therefore, the court properly denied the wife's motion to find he committed financial misconduct. Affirmed.
Court: Ohio Court Of Appeals, Judge: Miller, Filed On: April 22, 2024, Case #: 2024-Ohio-1533, Categories: Evidence, Family Law
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. Bulla finds the trial court improperly convicted defendant for misdemeanor domestic battery. Defendant and his wife were involved in an incident after he discovered she had an affair. Defendant denied strangling his wife, though he admitted to carrying her against her will in a "bear hug" after she had run off into the desert threatening suicide. The jury could have found that defendant's "bear hug'' was necessary, being he is a trained EMT, and the couple lived in a remote location. He was entitled to assert a necessity defense in connection with that act. Reversed.
Court: Nevada Court of Appeals, Judge: Bulla , Filed On: April 22, 2024, Case #: 86040-C0A, Categories: Evidence, Battery, Domestic Violence
J. DeMarchi finds in partial favor of environmentalists after they sued the federal government for not properly putting into place a plan that can rebuild the Pacific sardine population, which was declared overfished in 2019. The government prevails on a few minor claims regarding what environmental impact statements are needed to resolve the matter, but environmentalists have shown the feds did not put in place a plan that will prevent overfishing or rebuild the sardine population by the deadline set under the Fishery Conservation and Management Act.
Court: USDC Northern District of California, Judge: DeMarchi, Filed On: April 22, 2024, Case #: 5:21cv5407, NOS: Environmental Matters - Other Suits, Categories: Environment
J. Hixson finds the lower court properly convicted defendant of attempted second degree murder, aggravated assault and employment of a firearm during the commission of a dangerous felony when he punched, then shot a man nine times as he was inspecting his car for damage after a crash. Though defendant argues that witness identification of him as the suspect was questionable, the lower court felt otherwise. Evidence is sufficient to support his convictions and effective 20-year sentence. Affirmed.
Court: Tennessee Court of Criminal Appeals, Judge: Hixson, Filed On: April 22, 2024, Case #: M2022-01644-CCA-R3-CD, Categories: Evidence, Murder, Assault
J. Bivins denies a trucking company and its truck driver’s motion for partial summary judgment in this personal injury lawsuit after the truck driver was using his cell phone and rear-ended a driver and his passenger on the interstate. The driver and passenger allege that the truck driver did admit to using the cell phone while speeding. A reasonable jury could decide the truck driver’s behavior was inherently reckless because he took his eyes off the interstate.
Court: USDC Southern District of Alabama, Judge: Bivins, Filed On: April 22, 2024, Case #: 1:23cv125, NOS: Motor Vehicle - Torts - Personal Injury, Categories: Jury, Vehicle, Negligence
J. Rubin grants a credit union and its employees’ motion to dismiss allegations of race and gender discrimination by a former Black female employee. The employee alleges that she was suspended, denied a promotion and treated unfairly by the assistant vice president in consumer loans, who also made negative comments. The credit union argues that the individual supervisors cannot be held liable for the discrimination and retaliation claims. The court found the employee untimely filed the race discrimination claim and failed to exhaust administrative remedies for the gender-based discrimination claim.
Court: USDC Maryland, Judge: Rubin, Filed On: April 22, 2024, Case #: 1:23cv1314, NOS: Employment - Civil Rights, Categories: Employment Discrimination, Employment Retaliation
J. Delaney recommends granting, in part, a disabled man’s motion for default judgment on his Americans with Disabilities Act claims against a restaurant. He sufficiently alleges the sidewalk was too steeply sloped, and the sales counter and bathroom sink were too high, among other ADA-related issues.
Court: USDC Eastern District of California, Judge: Delaney, Filed On: April 22, 2024, Case #: 1:23cv759, NOS: Amer w/Disabilities - Other - Civil Rights, Categories: Ada / Rehabilitation Act, Attorney Fees
J. Robart denies Boeing summary judgment for the trade secrets misappropriation claim in the aircraft manufacturer's complaint alleging that Boeing infringed on the manufacturer's hybrid-electric and electric aircraft technology. Boeing argues that the manufacturer does not present expert testimony to back its claim, but the substance of the expert's report establishes a genuine dispute as to whether the alleged trade secrets were readily ascertainable.
Court: USDC Western District of Washington, Judge: Robart, Filed On: April 22, 2024, Case #: 2:21cv896, NOS: Patent - Property Rights, Categories: Patent, Trade Secrets, Experts
J. Stinson grants the government's motion for summary judgment. Contracted for the design and construction of various Afghan Army/Air Force enhancements for the airport at Mazar-e-Sharif, Afghanistan, the Taliban's takeover required the contractor to evacuate the project site. The contractor alleges that the government failed “to make a timely decision... which would have enabled [it] to demobilize...” Though the contractor says the Taliban’s actions at the airfield should have been anticipated, it has not alleged that the damages it sustained were foreseeable based upon the government’s alleged breach.
Court: Armed Services Board Of Contract Appeals, Judge: Stinson , Filed On: April 22, 2024, Case #: 63414, Categories: International Law, Military, Contract
J. Dillard finds that the trial court properly entered an order of nolle prosequi on defendant's charge for influencing a witness. Defendant was separately convicted of murder, aggravated assault and concealing the death of another. The trial court did not commit any error by entering the order without first holding a hearing on defendant's plea in bar to dismiss the case based on a violation of his speedy trial rights. Affirmed.
Court: Georgia Court of Appeals, Judge: Dillard, Filed On: April 22, 2024, Case #: A24A0397, Categories: Speedy Trial
J. Guerrero finds that the appeals court properly reversed defendant's conviction for dissuading a witness. The subject statute is ambiguous about whether the offense requires an attempt to prevent the filing of a criminal complaint or to prevent a witness from providing evidence in support of conviction, or both. So, the rule of lenity requires a reading that favors defendant, who tried to dissuade only after the underlying charges were filed. Affirmed.
Court: California Supreme Court, Judge: Guerrero, Filed On: April 22, 2024, Case #: S273797, Categories: Criminal Procedure, Witnesses
J. Rakoff finds that the district court properly granted class certification in a consumer class action concerning the marketing of the pet health product Cosequin. The class expert's proposed damages model was sufficiently sound and developed to satisfy this standard at the class certification stage. Affirmed.
Court: 9th Circuit, Judge: Rakoff, Filed On: April 22, 2024, Case #: 22-55744, Categories: Damages, Product Liability, Class Action
J. Nelson denied a pilot's petition for review of the National Transportation Safety Board’s order affirming the Federal Aviation Administration's revocation of his pilot certificate. The pilot transported marijuana, which is legal under Alaska law but a controlled substance under federal law, by aircraft within Alaska which prompted the FAA to revoke his pilot certificate. The pilot did not show that the FAA lacked jurisdiction to revoke his pilot certificate because Congress cannot authorize an administrative agency to regulate purely intrastate commerce like marijuana delivery within Alaska.
Court: 9th Circuit, Judge: Nelson, Filed On: April 22, 2024, Case #: 22-70129, Categories: Aviation
J. Ray grants the company's motion for leave to amend an answer to the driver's action arising from spinal injuries he suffered in a car collision with the company's truck driver. The driver's motion to strike the company's notice of non-party fault is denied. The driver had notice that the company was likely to pursue a defense of non-party fault regarding the decision by the driver's doctor to perform a surgery on the driver which the company's expert deemed unnecessary.
Court: USDC Southern District of Georgia, Judge: Ray, Filed On: April 22, 2024, Case #: 4:22cv62, NOS: Motor Vehicle - Torts - Personal Injury, Categories: Negligence
J. Bradford finds that the trial court properly upheld an insurer's refusal to cover an accident involving two tractor-trailers because plaintiff did not meet all license requirements under the policy, and the insurer did not act in bad faith. Affirmed.
Court: Indiana Court Of Appeals, Judge: Bradford, Filed On: April 22, 2024, Case #: 23A-PL-3044, Categories: Insurance
J. Williams sustains an objection to the denial of a motion to dismiss patent infringement claims concerning the use of codes to identify networked devices to establish connections because the representative claim of the '842 patent is directed to the abstract idea of communicating identification information with an image, a well known method that has been in use for some time, and no inventive concept can transform this claim into a patent-eligible application.
Court: USDC Delaware, Judge: Williams, Filed On: April 22, 2024, Case #: 1:23cv218, NOS: Patent - Property Rights, Categories: Patent
J. Coghlan finds that the lower court properly granted the fiancée $176,000 after her estranged fiancé took her engagement ring then returned it after replacing the diamond with a synthetic diamond. The fiancée qualifies as an innocent insured under the policy on the ring because the contract does not contain a clear statement that it is void as to all insureds in the event of wrongdoing by one of the insureds. Affirmed.
Court: Illinois Appellate Court, Judge: Coghlan, Filed On: April 22, 2024, Case #: 230224, Categories: Insurance, Contract
J. Matsumoto approves a $9.5 million proposed class action settlement against a steel manufacturer on claims for securities violations. Investors sued the company following a steep decline in its stock price after it was reported it had engaged in a bribery scheme targeting government officials in Argentina. The court awards lead counsel a third of the settlement amount, approximately $3.1 million, in attorney fees, plus $83,935 in expenses.
Court: USDC Eastern District of New York, Judge: Matsumoto, Filed On: April 22, 2024, Case #: 1:18cv7059, NOS: Securities/Commodities/Exchange - Other Suits, Categories: Securities, Class Action
J. Lobrano finds that the juvenile court should not have dismissed the state’s delinquency petition against a juvenile for not timely commencing the adjudication hearing. In this case, the failure of the juvenile to appear at the adjudication hearing was beyond the state’s control because the delay was caused by the failure of the detention facility to comply with the writs to present the juvenile in court for trial. Further, the state communicated with the detention facility before trial to confirm receipt of service of the writ of habeas corpus issued by the state. Reversed.
Court: Louisiana Court Of Appeal, Judge: Lobrano, Filed On: April 22, 2024, Case #: 2024-CA-0031, Categories: Criminal Procedure, Juvenile Law, Speedy Trial