194 results for 'filedAt:"2024-01-31"'.
Per curiam, the appellate division finds that Erik P. Jacobsen shall be publicly censured for his DUI conviction and belligerent conduct toward police officers that led to his being Tased. The attorney testified that he drank too much on the anniversary of his wife's death but there is still no excuse for endangering the lives of the public by driving drunk.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: January 31, 2024, Case #: 00422, Categories: Attorney Discipline
Per curiam, the appellate division finds that the lower court properly granted the city's motion to dismiss a man's negligence complaint stemming from his injury by a boat propeller while he was being rescued from the water. The firefighters' operating the rescue boat were acting in a governmental capacity and did not owe the man a special duty of care to support a negligence claim. Affirmed.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: January 31, 2024, Case #: 00413, Categories: Negligence
J. Cattani finds a lower court properly dismissed a political action committee's challenge of a City ordinance, which gave the green light for developers to launch a construction project on a plat of land as a planned area development. The political action committee argued that their referendum petitions were not invalid due to technicality, and that the City clerk did not have the power to reject them, even though the development came to a halt in 2008. However, the original ordinance and the planned area development that was relaunched in 2022 adhered to the same design, zoning, and original land uses. Affirmed.
Court: Arizona Court Of Appeals Division One, Judge: Cattani, Filed On: January 31, 2024, Case #: 1 CA-CV 23-698 EL, Categories: Administrative Law, Construction
J. Gremillion finds that defendant was properly convicted on charges including second degree murder and firearm possession by a convicted felon after the fatal shooting of a victim in front of a home during a drug buy. The witness testimony and video evidence was sufficient to identify defendant as the shooter. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Gremillion, Filed On: January 31, 2024, Case #: KA-23-425, Categories: Firearms, Murder, Identification
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J. Seeger denies the Cook County Sheriff’s Office’s motion to dismiss a former correction officer’s First Amendment and retaliatory termination claims. The former CO claims the office fired him because its leadership did not appreciate his wearing a “Sons of Anarchy” TV show patch to court, along with his badge, while attending the trial of the men who fatally shot his close friend, another Cook County sheriff. The office also did not appreciate that he got into a conflict with the State’s Attorney’s Office over a potential plea deal for the men, or that he publicly accused the actual Cook County Sheriff, Tom Dart, of committing domestic abuse. The sheriff’s office claims the CO violated its rules of conduct for employees, but the former CO claims the termination was retaliatory and violated his First Amendment rights. The court finds that factual disputes, and the sheriff office’s lack of sufficient argument against the former CO’s claims, make dismissal inappropriate.
Court: USDC Northern District of Illinois, Judge: Seeger, Filed On: January 31, 2024, Case #: 1:22cv1406, NOS: Other Civil Rights - Civil Rights, Categories: Employment Retaliation, First Amendment, Police Misconduct
J. Eifert holds in abeyance the university's motion for a protective order for the upcoming deposition of the university's president in a student's sex discrimination suit. The student claimed the university hastily closed its Title IX investigation into her allegation that her then-boyfriend sexually assaulted her but charged her with a violation of the Student Code of Conduct for underage drinking. The court finds that a ruling on the university's motion is premature until the president has been deposed, and the student still believes he "has unique personal knowledge relevant to this case."
Court: USDC Southern District of West Virginia, Judge: Eifert , Filed On: January 31, 2024, Case #: 3:22cv532, NOS: Education - Civil Rights, Categories: Civil Rights, Education, Discovery
J. Self directs the individual to amend his civil rights action against the police officers arising from his arrest after an encounter with them at a gas station. The action is a shotgun pleading which fails to comply with the rules of civil procedure and does not give the officers adequate notice of the grounds on which each claim rests. The individual is ordered to show cause by Feb. 14 why one officer should not be dismissed from the action for failure to effect timely service.
Court: USDC Middle District of Georgia, Judge: Self, Filed On: January 31, 2024, Case #: 5:17cv173, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights
J. Wesley finds that the district court properly dismissed claims in which two investment firms contend the issuer of debt securities tried to change payment terms to get them to sell back their stake at a discount. The Trust Indenture Act did not apply because the stake was held via a private placement containing a "no action" clause. Affirmed.
Court: 2nd Circuit, Judge: Wesley, Filed On: January 31, 2024, Case #: 23-154, Categories: Securities
J. Kearse finds that the district court improperly dismissed malicious prosecution claims brought after plaintiff was arrested for violating a noise ordinance by shouting at a police car driving down a dark city street without its headlights on. Questions of fact remain unresolved as to whether the arrest was supported by probable cause and whether plaintiff's shouting fell under first amendment protections even had he been aware he was shouting at police.
Court: 2nd Circuit, Judge: Kearse, Filed On: January 31, 2024, Case #: 21-1036, Categories: Civil Rights, Malicious Prosecution
[Consolidated.] J. Moore finds that the lower court properly ruled that the child at issue in these consolidated appeals "remained dependent as to the mother" and properly continued the mother's "supervised visitation with the child." Additionally, the foster parents' termination petition was properly denied, along with their petition for adoption. As to the father, the lower court erred in determining the child to be dependent as to him, and the case is accordingly remanded for further proceedings. Affirmed in part.
Court: Alabama Court of Civil Appeals, Judge: Moore, Filed On: January 31, 2024, Case #: CL-2022-1246, Categories: Civil Procedure, Family Law
J. Aenlle-Rocha finds in favor of the insurance company against the motorcyclist's complaint that it unreasonably refused to accept the offer in his July 2015 demand letter, which asserted that the motorcyclist suffered injuries in an accident with the insurance company's insured driver that cost him "over a million dollars" in medical bills. Although the motorcyclist's demand could be read as reasonable, the insurance company's rejection of the demand letter was also reasonable because there is no evidence that it received corroborating documentation quantifying the motorcyclist's injuries, and its investigation was reasonable.
Court: USDC Central District of California, Judge: Aenlle-Rocha, Filed On: January 31, 2024, Case #: 5:22cv125, NOS: Insurance - Contract, Categories: Insurance, Contract
J. Moore finds that the lower court improperly awarded rehabilitative alimony without making the express findings of fact required to support the award. Accordingly, the matter is due to be remanded. The court does not currently have jurisdiction over the husband's appeal, however, insofar as it pertains to the alimony in gross. Reversed in part.
Court: Alabama Court of Civil Appeals, Judge: Moore, Filed On: January 31, 2024, Case #: CL-2023-0020, Categories: Civil Procedure, Family Law
J. Johnson finds that the trial court should not have found for pipeline operators on the property owner's claim that the operators did not properly maintain canals on the property. In this case, there is a genuine issue of material fact as to whether the right of way contracts obligated the operators to pay for all property loss or damage “arising wholly or in part from or in connection with the existence, construction, maintenance, repair, operation, use, removal, alteration, reconstruction or removal of the aforesaid pipeline or canal." Reversed.
Court: Louisiana Court Of Appeal, Judge: Johnson, Filed On: January 31, 2024, Case #: 2023-C-0785, Categories: Evidence, Contract
J. Fenn finds that the lower court properly ruled in favor of the University of Wyoming regarding its drilling rights on a series of water wells. The City of Laramie claimed that a deed from 1965 barred the university from drilling in at least one of the wells. The lower court correctly found that state legislation affords the university sovereign immunity in the dispute that leaves the 1965 deed enforceable and gives the university drilling rights over the disputed wells. Affirmed.
Court: Wyoming Supreme Court, Judge: Fenn, Filed On: January 31, 2024, Case #: S-23-0062, Categories: Water
J. Shorr finds, on remand from the Supreme Court, that the trial court erred in dismissing an individual's negligence claim for injuries incurred when he allegedly slipped and fell on some wet bleachers at the Oregon State Fair. “So-called self-serving testimony has probative value and can be assessed by the factfinder.” Reversed.
Court: Oregon Court of Appeals, Judge: Shorr, Filed On: January 31, 2024, Case #: A172888, Categories: Evidence, Negligence
J. Larsen finds the trial court properly refused to hold a Remmer hearing when it was informed some jurors used their cell phones during deliberations. There was no evidence to indicate the jurors sought outside information related to the case. Meanwhile, the trial court properly accepted a partial verdict because although the jury foreperson told the court deliberations had broken down, the unanimity on several counts of the indictment allowed defendant to be convicted on those counts and was confirmed by a polling of the individual jurors. Affirmed.
Court: 6th Circuit, Judge: Larsen, Filed On: January 31, 2024, Case #: 22-2041, Categories: Jury, Murder
J. Jabar finds that the lower court improperly terminated the mother's parental rights to her older child. The lower court's findings fail to address certain "important issues that must be answered" before establishing whether the mother is unfit. Specifically, the record does not show that "the mother would be unfit even if the Department had met its legal duty" to provide skilled nursing care for the child. Vacated.
Court: Maine Supreme Court, Judge: Jabar, Filed On: January 31, 2024, Case #: 2024ME16, Categories: Civil Procedure, Family Law, Health Care
J. Arguello allows a tenant to continue claims contending a maintenance worker stalked and harassed her, illegally entered her apartment, and raped her. The public housing authority did not have immunity and may have been vicariously liable for failing to monitor or fire the maintenance worker prior to the assault.
Court: USDC Colorado, Judge: Arguello, Filed On: January 31, 2024, Case #: 1:23cv1019, NOS: Housing/Accommodations - Civil Rights, Categories: Tort, Immunity, Housing
Magistrate Zurn dismisses claims in which an employee of a biopharma company seeks specific performance of agreements granting rights to stock options that have not been exercised. The rights had been waived by a subsequent stock option grant notice since the unexercised options were not issued securities.
Court: Delaware Chancery Court, Judge: Zurn, Filed On: January 31, 2024, Case #: 2021-0248-MTZ, Categories: Securities
J. Treadwell partially rules in favor of the college in a disability discrimination action brought by the professor alleging violations of the ADA and Rehabilitation Act arising from his termination. The professor was fired after his requests to teach remotely or become an adjunct at the online campus to accommodate his high-risk medical status during the Covid-19 pandemic were denied. The college is immune from the professor's Title I and Title II ADA claims. The college's reasons for firing the professor due to his inability to teach in-person classes and exhaustion of FMLA leave could be related to the college's interest in prioritizing students' needs. However, it is not clear that a transfer to the online campus was an unreasonable accommodation. The college is not entitled to summary judgment on the professor's failure to accommodate or disability discrimination claims.
Court: USDC Middle District of Georgia, Judge: Treadwell, Filed On: January 31, 2024, Case #: 5:22cv74, NOS: Employment - Civil Rights, Categories: Ada / Rehabilitation Act, Employment Discrimination