177 results for 'filedAt:"2024-04-25"'.
J. Wood finds that the lower court properly dismissed the property owners' federal suit seeking to challenge the propriety of the village's taking of their land via eminent domain. The owners never challenged the validity of the taking in their state court action, only challenging the compensation given to them. They cannot now seek a "do-over" on their takings challenge by filing in federal court. Affirmed.
Court: 7th Circuit, Judge: Wood, Filed On: April 25, 2024, Case #: 23-1678, Categories: Property, Jurisdiction
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J. Brobson finds that the commonwealth court improperly held that Pennsylvania constitution delegated unfettered authority to natural gas distribution companies to determine the location of gas meters in historic districts. The Pennsylvania General Assembly never enacted a statute imposing any duty on the commission to locate gas meters in historic districts. Reversed.
Court: Pennsylvania Supreme Court, Judge: Brobson, Filed On: April 25, 2024, Case #: J-70-2023, Categories: Civil Procedure, Constitution, Government
J. Donohue finds that the superior court improperly backed the trial court’s order of summary judgment in favor of a pair of parents ordering Nationwide to defend them under their homeowners insurance policy against wrongful death of one of their son’s friends who died of a fatal drug
overdose at their home. The interpretation that Nationwide owed a duty to defend in the underlying lawsuit because emotional and mental distress damages in the wrongful death claims were not bodily injuries was erroneous as a matter of law. Reversed.
Court: Pennsylvania Supreme Court, Judge: Donohue, Filed On: April 25, 2024, Case #: J-39-2023, Categories: Civil Procedure, Insurance, Damages
J. Garcia finds that the appellate division properly dismissed employment discrimination, hostile work environment, and retaliatory termination claims an adjunct professor brought against the university, its administrators, and her colleagues. The district court found for defendants in the original federal claims, and the nearly identical state court action was barred by collateral estoppel. Affirmed.
Court: New York Court Of Appeals, Judge: Garcia, Filed On: April 25, 2024, Case #: 37, Categories: Civil Procedure, Employment Discrimination
J. Nivison grants in part a behavioral health and education company’s motion for the exclusion of certain expert testimony and the reimbursement of attorney fees after they were sued by the parents of an adult who defendant allegedly failed to provide appropriate care for. The parents’ expert witness designations are adequate but it is inappropriate that counsel attempted to influence the expert testimony.
Court: USDC Maine, Judge: Nivison, Filed On: April 25, 2024, Case #: 2:22cv54, NOS: Other Civil Rights - Civil Rights, Categories: Experts, Discovery, Attorney Fees
J. Rodriguez denies an organization’s motion for an injunction and temporary restraining order after it sued the city of Kerrville, arguing local ordinances on “peddlers and solicitors” and “electioneering” violate the First Amendment. Despite expressing “generalized” concerns about the ordinances, the suing parties have not shown specific plans to engage in proscribed conduct and therefore lack standing for a restraining order.
Court: USDC Western District of Texas , Judge: Rodriguez, Filed On: April 25, 2024, Case #: 5:24cv403, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Government, First Amendment
Per curiam, the appellate division finds that attorney Demetra Agriantonis may be reinstated following her January 2014 suspension for failing to meet registration requirements because she demonstrated compliance with the suspension order and possessed the requisite character to practice law.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: April 25, 2024, Case #: PM-70-24, Categories: Attorney Discipline
Per curiam, the appellate division finds that attorney Sabrina Alyce Nelson may be reinstated following her May 2019 suspension for failing to meet registration requirements because she demonstrated compliance with the suspension order and possessed the requisite character to practice law.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: April 25, 2024, Case #: PM-72-24, Categories: Attorney Discipline
J. Bonilla finds for the U.S. in claims seeking relief following plaintiff's discharge from the Coast Guard for misconduct because the decision to deny plaintiff under the second chance program was reasonably justified. Affirmed.
Court: Court of Federal Claims, Judge: Bonilla, Filed On: April 25, 2024, Case #: 22-1689C, Categories: Veterans
J. Adams finds that the trial court properly sustained Apple's demurrer on a class action complaint alleging that the Apple App Store imposes unfair contractual terms on software developers. The Colgate doctrine provides Apple with a safe harbor against the developers’ unfair competition claim under the unfair prong, as Apple's practices amounted to permissible unilateral conduct under both antitrust and unfair competition statutes. Affirmed.
Court: California Courts Of Appeal, Judge: Adams, Filed On: April 25, 2024, Case #: H050526, Categories: Antitrust, Unfair Competition
J. Bailey finds that the lower court properly ruled in this dispute over a beneficiary designation under a life insurance policy. The decedent changed the beneficiary "approximately two weeks before his death." The change was effective "based on the terms of the policy, without reference to any agreements or court-ordered obligations." Affirmed.
Court: Texas Courts of Appeals, Judge: Bailey, Filed On: April 25, 2024, Case #: 11-22-00130-CV, Categories: Civil Procedure, Insurance
J. Coutiss dismisses this matter on grounds that the appellant failed to file a compliant brief. The lower court found in favor of appellee in her suit alleging trespass by try title, breach of fiduciary duty, fraud, fraudulent inducement, filing fraudulent deed and lien, unjust enrichment, money had and received, and declaratory judgment. Appellant appealed, but finding his brief deficient, he was granted the opportunity to file an amended brief. Because the amended brief also failed to comply with the Texas Rules of Appellate Procedure, the appeal is dismissed.
Court: Texas Courts of Appeals, Judge: Countiss, Filed On: April 25, 2024, Case #: 01-23-00783-CV, Categories: Civil Procedure, Fiduciary Duty
J. Adams finds the lower court improperly denied a group of publishers' motion to dismiss. ProPublica and the Houston Chronicle ran an article on a prominent cardiologist titled “A Pioneering Heart Surgeon’s Secret History of Research Violations, Conflicts of Interest and Poor Outcomes.” The cardiologist subsequently filed suit against the publishers for defamation. The trial court found the article created false impressions, but the instant court finds it referenced the opinions of two cardiologists on the cardiologist's work, research and background, and cannot be the foundation of a defamation claim. Reviewing the article as a whole, the instant court finds the publishers established by a preponderance of the evidence of substantial truth and non-actionable opinion. The matter is remanded for further proceedings. Reversed.
Court: Texas Courts of Appeals, Judge: Adams, Filed On: April 25, 2024, Case #: 01-22-00281-CV, Categories: Defamation
J. Pritzker finds that defendant was properly sentenced based on his guilty plea to aggravated vehicular homicide and aggravated driving while intoxicated for driving the wrong way on a state highway and hitting an oncoming vehicle, killing one occupant and severely injuring another. Defendant points to his limited criminal history and that he had been in grief following his daughter's death in a car accident the year before, but the negotiated sentence took into account the life-altering impact this event had on him and his victims' families. Affirmed.
Court: New York Appellate Divisions, Judge: Pritzker, Filed On: April 25, 2024, Case #: 112475, Categories: Sentencing, Vehicular Homicide
J. Aarons finds that defendant was properly convicted of menacing for threatening hospital security guards who tried to stop him from taking a wheelchair while he was being escorted out of the emergency department for acting aggressively toward staff, as the guards' testimony established they reasonably feared others could be injured when defendant brandished a knife. The lower court improperly ordered defendant to wear leg shackles during trial and failed to issue curative instructions to the jury, but the error was harmless given the overwhelming evidence of guilt. Affirmed.
Court: New York Appellate Divisions, Judge: Aarons, Filed On: April 25, 2024, Case #: 113131, Categories: Evidence, Menacing
J. Fisher finds that an inmate was improperly found guilty of smuggling and possessing a weapon in charges brought when a ceramic scalpel was found on the ground after he was observed dropping something from his pocket. Meaningful review could not occur due to inaudible gaps in the hearing transcript, and remittal for a new hearing would not be feasible due to the inmate's parole release. Thus, the determination must be annulled and expunged.
Court: New York Appellate Divisions, Judge: Fisher, Filed On: April 25, 2024, Case #: 535826, Categories: Weapons, Prisoners' Rights
Per curiam, the appellate division finds that the lower court properly awarded Home Depot $1.1 million plus interest in a dispute arising from an escrow account set up in connection with the parties' asset purchase agreement, which allocated $5 million to be used to indemnify Home Depot for non-compliant products. Home Depot is entitled to damages for losses attributable to inventory it acquired in the deal that was subsequently recalled. Affirmed.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: April 25, 2024, Case #: 02256, Categories: Corporations, Business Practices, Banking / Lending
Per curiam, the court of appeals finds that the lower court properly granted the township summary judgment in claims seeking a voter referendum regarding the decision to grant a developer a rezoning ordinance because technical deficiencies contained in the petition were cured when voters rejected the ordinance. Affirmed.
Court: Michigan Court of Appeals, Judge: Per curiam, Filed On: April 25, 2024, Case #: 367925, Categories: Civil Procedure, Municipal Law, Zoning
Per curiam, the appellate division finds that the lower court improperly granted the company's motion to dismiss fraud claims arising out of a crooked former financial controller's passing of fraudulent checks. The claim is timely under the six-year statute of limitations only to the extent based on checks drown after July 10, 2012. Reversed in part.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: April 25, 2024, Case #: 02257, Categories: Employment, Fraud