172 results for 'filedAt:"2024-02-21"'.
J. Abramson finds the county court improperly dismissed the construction company's counterclaim. The capital group brought a breach of contract action after the company allegedly failed to make payments outlined in the contract for future receivables. The construction company argues the contract qualifies as a security, and the county court failed to consider all relevant factors as to whether the contract is subject to the Arkansas Securities Act. Reversed.
Court: Arkansas Court Of Appeals, Judge: Abramson , Filed On: February 21, 2024, Case #: CV-22-100, Categories: Construction, Securities, Contract
J. Tostrud partially grants the employees' motion for judicial notice of a number of documents in their proposed class action alleging breaches of fiduciary duty and prohibited transactions in relation to their employer's 401(k) plan, and denies the employer and fiduciaries' motion to dismiss the suit. The employees' claims that the fiduciaries' use of particular preferred stock dividends rather than common stock to satisfy the employer's matching-contribution requirements were prohibited under ERISA are sufficient to plausibly allege claims under ERISA and for breach of fiduciary duty, and they have established that they have suffered an economic injury traceable to the allegedly unlawful conduct for standing purposes. As to the documents, the Plan is embraced by the pleadings and the remaining exhibits would not change the court's analysis.
Court: USDC Minnesota, Judge: Tostrud, Filed On: February 21, 2024, Case #: 0:22cv2354, NOS: Employee Retirement Income Security Act (ERISA) - Labor, Categories: Erisa, Securities, Fiduciary Duty
J. Danilson finds that defendant was properly convicted of OWI even though a translator had not been available because a jail inmate helped a deputy translate field sobriety tests, and defendant read the instructions in Spanish. Affirmed.
Court: Iowa Court Of Appeals, Judge: Danilson, Filed On: February 21, 2024, Case #: 22-1080, Categories: Miranda, Dui
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J. Gillmor rules on several motions in limine in a wrongful death case where a mother and her infant child were killed when their home’s water heater exploded. For example, the water heater manufacturers’ request to split the trial between liability and damages is granted, as evidence toward each is not reliant on the other and bifurcation would expedite the proceedings. Evidence about the possible ignition and status of power in the neighborhood may be presented. An explosions expert’s testimony is not precluded, but his current computer animations of the explosion are excluded because they do not reflect the water heater, and the closet it was in, as they were on the day of the incident.
Court: USDC Hawaii, Judge: Gillmor, Filed On: February 21, 2024, Case #: 1:21cv254, NOS: Personal Injury - Product Liability - Torts - Personal Injury, Categories: Evidence, Tort, Product Liability
J. Breedlove finds that the lower court properly granted summary judgment to the restaurant owner in this negligence lawsuit brought by an employee who was allegedly injured in a slip and fall incident while at work. The restaurant was entitled to judgment based on the exclusive-remedy defense, as there was sufficient evidence of workers' compensation coverage. Affirmed.
Court: Texas Courts of Appeals, Judge: Breedlove, Filed On: February 21, 2024, Case #: 05-23-00086-CV, Categories: Negligence, Workers' Compensation
J. Maze grants a poultry processing company’s motion for summary judgment on a former employee’s disparate treatment, retaliation, and failure to accommodate in violation of the Americans with Disabilities Act. The company terminated the employee while on medical leave. The employee fails to show evidence for an adverse action of discrimination or retaliation for failure to accommodate.
Court: USDC Northern District of Alabama , Judge: Maze, Filed On: February 21, 2024, Case #: 1:21cv1292, NOS: Employment - Civil Rights, Categories: Ada / Rehabilitation Act, Employment Discrimination, Employment Retaliation
J. Summerhays denies summary judgment to a city-parish government on vicarious liability claims arising from state law excessive force allegations by an intoxicated armed robbery suspect against his arresting officer. The cop was fired for violating the police department’s use of force policy after he was caught on videotape punching the handcuffed suspect’s face and head seven times in rapid succession outside the entrance to the jail. Vicarious liability does not apply to federal civil rights claims.
Court: USDC Western District of Louisiana , Judge: Summerhays, Filed On: February 21, 2024, Case #: 6:21cv4131, NOS: Other Civil Rights - Civil Rights, Categories: Evidence, Insurance, Police Misconduct
J. Seybert adopts a magistrate judge’s order, preserving claims for money had and received, unjust enrichment and equitable clawback in a lawsuit alleging various holding and investment companies illegally diverted $1.45 million of a company’s assets following its dissolution in exchange for a $4.5 million loan. The defendants fail to allege enough facts in their objections that would conclusively show the former company did not legally possess the funds when they were transferred.
Court: USDC Eastern District of New York, Judge: Seybert, Filed On: February 21, 2024, Case #: 2:20cv1166, NOS: Commerce - Other Suits, Categories: Corporations, Banking / Lending
J. Reidinger denies a health care system’s motion to dismiss multiple municipalities’ allegations of monopolizing the inpatient acute and outpatient care markets in their areas. The system argues the municipalities fail to state a claim. However, evidence shows that the system has violated the Sherman Act by using so-called “all-or-nothing” requirements in its contracts with health insurers, systematically cornering the market in the municipalities.
Court: USDC Western District of North Carolina, Judge: Reidinger, Filed On: February 21, 2024, Case #: 1:22cv114, NOS: Antitrust - Other Suits, Categories: Antitrust, Health Care, Trade
J. Chambers grants in part the residential mortgage servicer's motion to dismiss the homeowner's complaint claiming it improperly foreclosed on the home she inherited from her parents three years earlier without confirming her status as successor-in-interest, then three months later transferred the mortgage to another servicer without still confirming her status as successor-in- interest or responding to her application to assume and modify the loan. Since she fails to allege she is a "borrower" or a "confirmed successor in interest" or meets the definition of a "consumer", her claims under the Real Estate Settlement Procedures and the West Virginia Consumer Credit and Protection acts are dismissed. However, the homeowner has demonstrated the company caused her harm when it intentionally interfered with the deed of trust securing the home to confirm her as successor in interest and assume the parents' home loan, and restricted her ability to qualify for loan mitigation options.
Court: USDC Southern District of West Virginia, Judge: Chambers, Filed On: February 21, 2024, Case #: 3:23cv525, NOS: Foreclosure - Real Property, Categories: Property, Business Practices, Foreclosure
J. Chicchelly finds that a Medicaid recipient was properly denied judicial review after disputing services because Iowa Code 441-78.43 does not authorize stand-alone transportation services for program members receiving supported community living services that include transportation costs.
Court: Iowa Court Of Appeals, Judge: Chicchelly, Filed On: February 21, 2024, Case #: 20-0046, Categories: Medicaid
J. Buller finds that defendant was properly convicted of murder and child endangerment resulting in death because evidence indicated the toddler was bruised black and blue, and the child's mother testified that defendant, her boyfriend, had beaten him and refused to take him for medical care even though the child was struggling to breathe. Affirmed.
Court: Iowa Court Of Appeals, Judge: Buller, Filed On: February 21, 2024, Case #: 22-1683, Categories: Murder, Child Victims
J. Fallon dismisses two counts of discrimination in claims concerning a pharmaceutical company's mandate that workers receive Covid-19 vaccines for continued employment. The theory of "natural immunity" cannot justify a religious exemption, and thus the employees fail to state a claim for disparate treatment and failure to accommodate members of a proposed class.
Court: USDC Delaware, Judge: Fallon, Filed On: February 21, 2024, Case #: 1:22cv1634, NOS: Employment - Civil Rights, Categories: Immunity, Employment Discrimination
J. Dietz finds that the power companies' motion to exclude an expert witness for the U.S. should be denied in claims seeking damages after the U.S. refused to accept and dispose of spent nuclear fuel because the expert report was relevant and admissible.
Court: Court of Federal Claims, Judge: Dietz, Filed On: February 21, 2024, Case #: 21-1116, Categories: Environment, Experts
J. Anderson affirms the defendant's convictions first-degree premeditated murder and attempted first-degree premeditated murder. The district court did not abuse its discretion in denying motions to strike a juror for cause and for a change of venue, since the juror did not express actual bias and the defendant failed to renew the venue motion following voir dire. The circumstances of the murder, namely the bombing of a clinic and shootings of staff members after repeated statements encouraging the murder of nurses, also support the inference that the defendant intended to kill his victims. Affirmed.
Court: Minnesota Supreme Court, Judge: Anderson, Filed On: February 21, 2024, Case #: A22-1340, Categories: Intent, Jury, Murder
J. Thissen affirms the district court's denial of the prisoner's motion to correct his sentence for first-degree murder and attempted second-degree murder convictions. The issue raised in the motion, namely the prisoner's assertion that custody credit should be applied to the first of his two consecutive sentences, has already been decided in this case. The motion is therefore barred by the law of the case doctrine. Affirmed.
Court: Minnesota Supreme Court, Judge: Thissen, Filed On: February 21, 2024, Case #: A23-1100, Categories: Murder, Sentencing
J. Easterbrook finds that the lower court properly dismissed the real estate owners' attempt to move their appeal of a state court decision in the banks' favor to federal court. Illinois law forbids sequential litigation about the same claim even when the plaintiff offers new arguments in the second case. The state litigation is over, and the state court trial judge is entitled to immunity for his role in the case based on judicial immunity. Affirmed.
Court: 7th Circuit, Judge: Easterbrook, Filed On: February 21, 2024, Case #: 22-3265, Categories: Civil Procedure, Jurisdiction, Foreclosure
J. Higginson finds the district court properly convicted defendant for assault with a dangerous weapon resulting in serious bodily injury. The shooting occurred on the Choctaw reservation after a long night of drinking, when an argument ensued over where and how to get more alcohol, and it is undisputed defendant shot the victim four times. All evidence supports the conviction, and no error is found in the court's denial of defendant's pretrial motion to recuse the lead prosecutor for having previously represented him while employed as a public defender in the tribal court. Affirmed.
Court: 5th Circuit, Judge: Higginson, Filed On: February 21, 2024, Case #: 23-60040, Categories: Assault, Weapons, Due Process