144 results for 'filedAt:"2024-04-26"'.
J. Cadish finds the district court properly granted defendant's petition for postconviction relief. Convicted for robbery and weapons charges as well as two counts of murder, defendant's counsel failed to present testimony to impeach his codefendants' testimony. Evidence showed defendant's attorneys received a letter from an inmate saying a codefendant admitted defendant did not kill the victims and the codefendant lied in order to receive a lenient sentence. Another statement from another codefendant characterizing defendant as a violent person was not described in the state's notice of intent to seek the death penalty or its notices of evidence in aggravation. Based on the omissions, counsel should have challenged the introduction of the evidence. Affirmed.
Court: Nevada Supreme Court, Judge: Cadish , Filed On: April 26, 2024, Case #: 83685, Categories: Habeas, Ineffective Assistance, Murder
J. Rickman finds that the trial court properly granted the company's motion for default in a dispossessory action against the tenant. The tenant failed to respond to the action within seven days of being served. The company's request for specific enforcement of a provision in the lease in addition to a writ of possession did not change the applicability of dispossessory laws or the company's obligation to timely answer. Affirmed.
Court: Georgia Court of Appeals, Judge: Rickman, Filed On: April 26, 2024, Case #: A24A0291, Categories: Landlord Tenant
J. Bennett finds that the district court improperly denied Warner Bros. Entertainment’s motion to compel arbitration pursuant to the terms of service in a mobile application Game of Thrones: Conquest. A putative class action filed against Warner Bros. alleged false and misleading advertising within the game. The mobile game has a “sign-in wrap agreement” where users are required to advance through a sign-in screen which states “By tapping ‘Play,’ I agree to the Terms of Service.” A sign-in wrap agreement may be an enforceable contract based on inquiry notice if the website provides reasonably conspicuous notice of the terms. The district court was incorrect in finding that Warner Bros. failed to provide reasonably conspicuous notice. Reversed.
Court: 9th Circuit, Judge: Bennett, Filed On: April 26, 2024, Case #: 22-55982, Categories: Class Action, False Advertising
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J. Brooks denies in part motion to dismiss a family's allegations that a five-year-old died from died from melioidosis, an infectious disease caused by a tropical bacteria called Burkholderia pseudomallei, which they allege he was exposed to by contaminated aromatherapy room spray. The product was purchased at Walmart, and later that year, Walmart recalled the product after finding the bacteria in it. The parents are already litigating a suit against Walmart, and the majority of defendants consent to transfer. Claims against some defendants are severed from claims against other defendants, and the amended complaint shall be given a new case number. This case, with the remaining defendants, shall be transferred to United States District Court for the Central District of California (Eastern Division).
Court: USDC Central District of California, Judge: Brooks, Filed On: April 26, 2024, Case #: 5:24cv870, NOS: Personal Injury - Product Liability - Torts - Personal Injury, Categories: Tort, Wrongful Death
J. Reiss denies a third-party investment company’s motion to reconsider the court’s order denying its motion to stay discovery in this negligence and contract dispute between Vermont’s financial regulation agency and an accounting firm. The investment company’s former managing member’s motion for reconsideration is granted, however, in seeking stay, the investment company and managing member failed to submit a copy of the criminal indictment that contained false financial statements in an insurer’s liquidation. The managing member’s request for adverse inference immunity is denied as moot. The accounting firm requested a motion to compel, but only the investment company is compelled to comply with the discovery schedule. Its request for attorney fees and cost are denied at this stage but, the court warns the investment company that further non-compliance may result in sanctions.
Court: USDC Vermont, Judge: Reiss, Filed On: April 26, 2024, Case #: 2:21cv273, NOS: Other Contract - Contract, Categories: Negligence, Discovery, Contract
J. Copenhaver grants the Board of Education's motion to dismiss the elementary school counselor’s suit claiming the Board violated her right to freedom of speech and the West Virginia Whistleblower Act. The counselor alleged the Board and school officials took retaliatory action against her by, among other things, formally reprimanding her and removing her as the coordinator of the standardized test after she expressed concerns to school officials as well as gave an interview to a Charleston television station about the resumption of a national standardized test to occur on school premises in April 2021 during the Covid-19 pandemic. The court finds since her pleading is grounded in her capacity as a public employee and not a private citizen, she has failed to state a claim on which relief can be granted, and the Board's interest in effectively and efficiently administering the standardized test outweigh the counselor's public airing of her concerns.
Court: USDC Southern District of West Virginia, Judge: Copenhaver, Filed On: April 26, 2024, Case #: 2:23cv314, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Education, Covid-19
J. Chambers grants in part the in-home respiratory care provider’s motion for summary judgment in the former Huntington branch manager's retaliatory discharge suit. While there are disputed issues of material facts on her two claims of retaliatory discharge in violation of the West Virginia Patient Safety Act, the company, despite lying to state and federal regulators why they fired her, did not terminate her employment "in an atrocious, intolerable, or extreme way."
Court: USDC Southern District of West Virginia, Judge: Chambers , Filed On: April 26, 2024, Case #: 3:22cv109, NOS: Employment - Civil Rights, Categories: Health Care, Employment Retaliation
J. Seabright denies reconsideration and a motion to stay an order to quash issued against owners of a copyrighted film that subpoenaed the communications company for its subscribers’ information. The communications company merely assigning IP addresses to its users does not constitute a referral to copyrighted material nor does not preventing its routing or filtering equal transmitting the material. Because the communications company has previously worked with the owners and committed to preserving the information regardless of subpoenas or quashes, staying is not necessary.
Court: USDC Hawaii, Judge: Seabright, Filed On: April 26, 2024, Case #: 1:23cv426, NOS: Other Contract - Contract, Categories: Communications, Copyright, Evidence
J. Gillmor denies summary judgment to the employer of a worker whose was injured when her arm was sucked into an industrial vacuum while working on board a U.S. Navy vessel. There are genuine issues of material fact as to if the worker was considered a “seaman” under the definition of the Jones Act when the injury occurred as there are questions as to if the worker’s efforts to protect the ship from corrosion should be contributed to the operation of the vessel as well as questions about the extent of the injuries and the relationship of all the parties to each other. The worker’s declarations are not a “sham” as the employer does not show how different instances of her testimony contradict each other.
Court: USDC Hawaii, Judge: Gillmor, Filed On: April 26, 2024, Case #: 1:22cv275, NOS: Other Personal Injury - Torts - Personal Injury, Categories: Employment, Maritime, Tort
J. St. Eve finds that the lower court properly denied defendant's motion for post-conviction relief alleging ineffective assistance of counsel based on the fact that his second hired attorney also presided over his preliminary hearing in this same case. Defendant presents no specific evidence that his counsel's performance was in any way deficient despite this conflict of interest that went unremarked. Affirmed.
Court: 7th Circuit, Judge: St. Eve, Filed On: April 26, 2024, Case #: 22-3086, Categories: Drug Offender, Ineffective Assistance
J. Carlos grants an insurance company’s motion for default judgment stating that it has no duty to defend or indemnify a construction company in an underlying state court matter in which a worker was severely injured when the below-ground-level trench collapsed on him. The construction company eventually stopped all communication with its counsel, opposing counsel, and the court, supporting an entry of default judgment.
Court: USDC Eastern District of Pennsylvania, Judge: Carlos, Filed On: April 26, 2024, Case #: 2:22cv4936, NOS: Insurance - Contract, Categories: Insurance, Tort, Indemnification
J. Blake affirms the denial of the defendant’s motion for a new trial. The defendant failed to meet her burden to prove there was no good reason for the in-court identification procedure, where a man who witnessed her assault another woman and who had also seen pictures of the defendant before the crime occurred, identified her as the person he saw commit assault. Affirmed.
Court: Massachusetts Court Of Appeals, Judge: Blake, Filed On: April 26, 2024, Case #: 22-P-550, Categories: Assault, Battery, Witnesses
J. Green finds a lower court properly dismissed a Slovakian national's request for severed social security under universal credit. The Slovakian national argued that she is entitled to break up universal credit benefits between herself and her son. However, the work and pensions authority sufficiently showed in court that there is not an existing child element benefit that can be severed from a whole.
Court: Her Majesty's Court of Appeal, Judge: Green, Filed On: April 26, 2024, Case #: CA-2023-1197, Categories: Employment, Government, Social Security
J. Palafox finds a lower court did not err in revoking community supervision for defendant, imposed as part of two separate cases. Defendant argued there was not adequate evidence at his revocation hearing that he had taken a truck without permission, but the owner clarified defendant did not have permission in this case, and — although defendant was permitted to use the truck for work-related duties — in this case he admitted “he had taken the truck not for necessities but to purchase Xanax for himself.” Affirmed.
Court: Texas Courts of Appeals, Judge: Palafox, Filed On: April 26, 2024, Case #: 08-23-00018-CR, Categories: Evidence, Probation
J. Ezra partially grants Texas’ motion to dismiss after the federal government sued the state and Governor Greg Abbott over its “buoy barrier” in the Rio Grande, which was installed in the national water boundary “without any federal authorization.” While the United States can proceed with claims under the federal Rivers and Harbors Act, it cannot pursue claims based on the 1848 Treaty of Guadalupe Hidalgo because the treaty is “not self-executing” and does not “provide any specific standard or rule of decision for a domestic court to follow.” Nonetheless, while Texas has asserted that it has “territorial rights” to protect itself from a migrant “invasion,” “the Founding Fathers conceptualized invasions as a part of war” and not due to migration.
Court: USDC Western District of Texas , Judge: Ezra, Filed On: April 26, 2024, Case #: 1:23cv853, NOS: Environmental Matters - Other Suits, Categories: Environment, Government, Immigration
J. Hurst finds a lower court properly dismissed a property company's motion for judicial review concerning a city's denial of a development application. The property company argued that it was entitled to construct a luxury residential development on 29 acres in close proximity to a highway. However, the city sufficiently showed in court that the application did not meet the three- fourths majority vote to approve the development, and that it has discretion to deny applications that are for rezoning efforts that do not conform to local ordinances. Affirmed.
Court: Kansas Courts Of Appeal, Judge: Hurst, Filed On: April 26, 2024, Case #: 125734, Categories: Construction, Property, Zoning
J. Slaughter grants an employee's motion for preliminary approval of a class action settlement in a wage and hour suit. The adequacy of representation requirement is met, preliminary certification of the proposed settlement is proper, the settlement terms of the PAGA claim are fair, adequate, and reasonable and the proposed settlement meets notice requirements.
Court: USDC Central District of California, Judge: Slaughter, Filed On: April 26, 2024, Case #: 2:19cv7077, NOS: Fair Labor Standards Act - Labor, Categories: Employment, Settlements, Class Action
J. Hall grants the insurer's and the beneficiaries' joint motion for discharge, dismissal and disbursement of $87,000 in interpleader funds to the new primary beneficiary in a life insurance dispute. Judgment is entered in favor of the insurer against the initial primary beneficiary as to the interpleader relief and in favor of beneficiaries on their crossclaim. The initial primary beneficiary failed to respond to the action or the crossclaim. There is no evidence the decedent was incompetent at the time he executed a third change of beneficiary request form, therefore the form is valid and the new primary beneficiary is entitled to the funds.
Court: USDC Southern District of Georgia, Judge: Hall, Filed On: April 26, 2024, Case #: 1:23cv63, NOS: Insurance - Contract, Categories: Insurance
J. Smith finds the district court properly denied the firearm advocates' request for a preliminary injunction. The advocates challenge provisions of the Bipartisan Safer Communities Act of 2022, saying the government has shown no historical analogue for expanded background checks for 18- to 20-year-olds. The 10-day waiting period for background checks is not abusive, nor does it impose a de facto prohibition on possession. Existing case law makes clear that background checks are constitutional. Affirmed.
Court: 5th Circuit, Judge: Smith , Filed On: April 26, 2024, Case #: 23-10837, Categories: Administrative Law, Constitution, Firearms
J. Urias grants the employer's motion to dismiss, ruling the employee's failure to provide evidence any major life activity was limited by an adverse reaction to a previous vaccine prevents him from establishing a disability that would allow his discrimination claims to proceed. Meanwhile, the employee's failure to file administrative remedies for religious discrimination with the EEOC constitutes a failure to exhaust his administrative remedies and requires dismissal of the religious discrimination claims.
Court: USDC New Mexico, Judge: Urias, Filed On: April 26, 2024, Case #: 1:23cv361, NOS: Other Labor Litigation - Labor, Categories: Covid-19, Employment Discrimination
J. Peterson grants the resident partial summary judgment for her Violence Against Women Act (VAWA) claim in her complaint accusing the housing authority of evicting her from its Alderwood Apartments without notice after her abusive husband, a veteran who obtained housing with a Veterans Affairs Supportive Housing voucher, removed her as a beneficiary of his VASH voucher with the housing authority's help but without notifying the resident. The housing authority claims that it had no obligation to give the resident notice of its actions because she was not the head of the household or the VASH voucher holder, but the VAWA requires that all adult tenants are sent notice of such actions.
Court: USDC Western District of Washington, Judge: Peterson, Filed On: April 26, 2024, Case #: 2:22cv1757, NOS: Housing/Accommodations - Civil Rights, Categories: Civil Rights, Housing