186 results for 'filedAt:"2024-02-22"'.
[Consolidated.] Per curiam, the court of appeals denies the institute's petitions for writs of mandamus seeking to challenge the trial court's denial of its motion to dismiss assault, false imprisonment and sexual abuse claims. The lawsuit alleges the institute is a cult that teaches allegedly heretical Christian doctrine, homeschooling and paramilitary training for young males, and grooms girls to be compliant sexual assault victims. In the early stages of litigation, the institute's relators are not entitled to dismissal of the real parties in interest's civil conspiracy claim under the rule governing baseless claims.
Court: Texas Courts of Appeals, Judge: Per curiam, Filed On: February 22, 2024, Case #: 12-23-00296-CV, Categories: Sex Offender, Conspiracy, Kidnapping
J. Jung denies the defendant drugmakers' motion to dismiss or for a more definite statement in the plaintiff drugmakers' suit against them claiming that the defendants' as-yet-unapproved epinephrine products will infringe the plaintiffs' existing patents for epinephrine products if approved by the Food and Drug Administration. The plaintiffs have sufficiently alleged that they have an interest in the patents-in-suit, that they have received required certification in the form of two notice letters, that the defendants hold the disputed new drug application and that the proposed product falls within the claims of their patent.
Court: USDC Middle District of Florida, Judge: Jung, Filed On: February 22, 2024, Case #: 8:23cv1953, NOS: Patent - Property Rights, Categories: Commerce, Patent
J. Altman grants the copyright holder's motion for entry of a default final judgment in its suit against the Instagram poster alleging that the poster used the copyright holder's video of a tornado hitting a truck without authorization. The court has jurisdiction over the case, the holder has sufficiently pleaded copyright infringement, and its requests for $30,000 in statutory damages and injunctive relief are appropriate. Attorneys' fees and costs are also awarded.
Court: USDC Southern District of Florida, Judge: Altman, Filed On: February 22, 2024, Case #: 1:23cv22903, NOS: Copyrights - Property Rights, Categories: Copyright, Attorney Fees
J. Coggins partially grants the law enforcement agency's motion for summary judgment in the drivers' suit arguing that traffic citations issued to them improperly deprived them of their right to trial by jury. The drivers have not established that the citation system deprives them of that right, since the printed language of the citations unambiguously informs the recipients that they are entitled to a jury trial regardless of any statements by officials. The constitutional claim is therefore dismissed, and a remaining claim for unjust enrichment is remanded to a state court.
Court: USDC South Carolina Aiken, Judge: Coggins, Filed On: February 22, 2024, Case #: 7:21cv2799, NOS: Constitutionality of State Statutes - Other Suits, Categories: Civil Rights, Constitution, Vehicle
J. Oing finds that the lower court improperly denied the education company's motion for summary judgment in a contract dispute with its printer. The printer repudiated the contract by selling its assets to another company. Therefore, it cannot sell the education company for breaching its mandatory minimum purchase requirements. Reversed.
Court: New York Appellate Divisions, Judge: Oing, Filed On: February 22, 2024, Case #: 00933, Categories: Contract
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Per curiam, the appellate division finds that the lower court improperly found for the injured pedestrian in a trip and fall action. The pedestrian's complaint alleges he fell over a defective grate on a Manhattan sidewalk, but his initial notice of claim alleges he fell on a defective sidewalk on a different city block. These issues of fact cannot be resolved on summary judgment. Reversed.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: February 22, 2024, Case #: 00932, Categories: Tort
J. DeVore finds the post-conviction court properly denied relief on defendant’s claim for ineffective assistance. “Given that trial counsel challenged the victim’s credibility…and asked the trial judge to employ its common sense and judgment, counsel reasonably could decline to object to the prosecutor’s corresponding comments in rebuttal.” Affirmed.
Court: Oregon Court of Appeals, Judge: Devore, Filed On: February 22, 2024, Case #: A177918, Categories: Ineffective Assistance
J. Hellman finds the post-conviction court properly denied relief on defendant’s claim that counsel provided inadequate assistance. “Counsel provided the mental health evaluation to the prosecution and obtained a plea offer that was for 10 months less than the original offer as a result.” Affirmed.
Court: Oregon Court of Appeals, Judge: Hellman, Filed On: February 22, 2024, Case #: A178452, Categories: Ineffective Assistance, Sentencing
J. DeVore finds the juvenile court properly asserted jurisdiction over a mother’s children. “The record is sufficient to support a nonspeculative conclusion that the conditions and circumstances present a current threat of serious loss or injury to the children.” Affirmed.
Court: Oregon Court of Appeals, Judge: Hellman, Filed On: February 22, 2024, Case #: A182029, Categories: Family Law
J. Egan finds trial court erred in determining that based on its umbrella policies, one insurer is subject to another insurer's claim for contribution to defense costs. “The defense endorsement must be considered in the context of the Assistance and Cooperation provision of the main policy.” Reversed.
Court: Oregon Court of Appeals, Judge: Egan, Filed On: February 22, 2024, Case #: A176743, Categories: Insurance
J. Schlegel finds that the trial court properly granted a mother sole custody of the parties' children under the Post-Separation Family Violence Relief Act. In this case, the evidence of the father strangling the mother was properly admitted because the abusive behavior did not end after the consent judgments, and the evidence was related to the history of parental conflict between the parties. Further, the history of abusive behavior was required to determine the best interests of the children. Also, the trial court properly awarded use of the family home to the mother because the father has steady income, while the mother does not and is the primary caregiver of the parties' four children. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Schlegel, Filed On: February 22, 2024, Case #: 23-CA-470, Categories: Evidence, Family Law
J. Crothers finds that the district court properly granted summary judgment in favor of the North Dakota Industrial Commission, acting through the North Dakota Housing Finance Agency concerning a housing development that includes a homeowner’s association. Attorney fees were properly denied. Affirmed.
Court: North Dakota Supreme Court, Judge: Crothers, Filed On: February 22, 2024, Case #: 2024ND32, Categories: Property, Attorney Fees
J. Powers finds the trial court properly admitted evidence used to convict defendant of DUII. The officer “specifically informed defendant that he was not under arrest prior to administering FSTs and after defendant was given Miranda warnings.” Affirmed.
Court: Oregon Court of Appeals, Judge: Powers, Filed On: February 22, 2024, Case #: A176268, Categories: Evidence, Miranda, Dui
J. Bahr finds that the district court properly entered judgment dismissing a trust complaint without prejudice after issuing an order concluding the court lacked subject matter jurisdiction. The panel concluded the trusts are required to exhaust their administrative remedies before the North Dakota Industrial Commission prior to bringing their claims in district court. Affirmed.
Court: North Dakota Supreme Court, Judge: Bahr , Filed On: February 22, 2024, Case #: 2024ND34, Categories: Trusts, Jurisdiction
J. Easter finds the lower court properly convicted defendant of burglary, attempted first degree murder, and resisting arrest, for stabbing an officer during the course of defendant’s arrest after he attempted to break into a locked city hall building. Defendant argued that because the Assistant District Attorney had represented him in previous defense work, it created a conflict of interest, but the lower court found there to be none since defendant did not testify and his prior convictions were not discussed at trial. The instant court agrees and finds sufficient evidence was presented to support defendant’s conviction and effective sentence of 41 years incarceration. Affirmed.
Court: Tennessee Court of Criminal Appeals, Judge: Easter, Filed On: February 22, 2024, Case #: M2023-00260-CCA-R3-CD, Categories: Burglary, Evidence, Murder
J. Eagles grants an insurer’s motion for summary judgment following a claim dispute after a couple’s boat was involved in a crash. Following the couple’s claim, the company found discrepancies in their policy application, including the fact that the husband had undisclosed felony drug charges, which is true even though his wife claims she was unaware. This and other falsehoods null the policy completely and the company is not liable to pay on the couple’s claim.
Court: USDC Middle District of North Carolina, Judge: Eagles, Filed On: February 22, 2024, Case #: 1:22cv915, NOS: Marine - Contract, Categories: Insurance, Maritime, Contract
J. Powers finds the circuit court properly dismissed a mandamus action against the planning director for Multnomah County and Multnomah County. Whether a land use is “outright permitted” or “conditional” depends on “whether the proposed use requires discretionary local permit approval ‘within the given zoning designation where the land is located’.” Affirmed.
Court: Oregon Court of Appeals, Judge: Powers, Filed On: February 22, 2024, Case #: A179527, Categories: Zoning
J. Hellman finds the post-conviction court properly denied defendant relief on his claim that counsel provided inadequate assistance. The possibility that the witness may have had a motive to testify differently in a second trial “does not demonstrate that the witness’s testimony, under oath, in the first trial is unreliable.” Affirmed.
Court: Oregon Court of Appeals, Judge: Hellman, Filed On: February 22, 2024, Case #: A177448, Categories: Sentencing, Witnesses
J. Weingart finds the trial court properly convicted a man of carjacking and terminated his mental health diversion. The man argues the trial court erred in failing to provide notice of hearing before the termination of his mental health diversion. He failed to show that the error kept him from reaching a more favorable result. Affirmed.
Court: California Courts Of Appeal, Judge: Weingart, Filed On: February 22, 2024, Case #: B326944, Categories: Criminal Procedure, Sentencing
J. Wyrick grants the state and parole board defendants' motions to dismiss the Section 1983 claims in this case arising from three murders allegedly committed by an individual "just after being released from prison." The complaint contends that the individual was released prematurely due to a docketing error. However, the official-capacity claims are barred by the 11th Amendment. Further, the result of the alleged error "does not deprive the Parole Board members of the immunity they have been granted by law." Also, the court declines to exercise jurisdiction over the state law claims.
Court: USDC Western District of Oklahoma , Judge: Wyrick, Filed On: February 22, 2024, Case #: 5:22cv958, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Immunity
J. DeVore finds the post-conviction court properly denied relief on defendant’s claim for ineffective assistance. “The trial court has limited discretion to deviate from the mandatory minimum only when the record shows that the penalty ‘is so disproportionate,’ when compared to the offense, so as to ‘shock the moral sense’ of reasonable people.” Affirmed.
Court: Oregon Court of Appeals, Judge: DeVore, Filed On: February 22, 2024, Case #: A177917, Categories: Sentencing
J. Kennedy finds that the lower court properly denied the employee's request for a new trial in this negligence lawsuit stemming from a bicycle accident. The employee was granted a default judgment but was not awarded the full damages he sought. The lower court did not abuse its discretion by not awarding damages for past pain and suffering or physical impairment. Affirmed.
Court: Texas Courts of Appeals, Judge: Kennedy, Filed On: February 22, 2024, Case #: 05-23-00311-CV, Categories: Damages, Negligence
J. Carter dismisses the parent's federal claims alleging that the school district's staff retaliated against the child, then a first grader, for drawing a picture with the phrase "Black Lives Matter" in black marker and "any life" beneath that sentence in lighter marker before sharing it with a classmate. The federal claims are dismissed because discipline about what is appropriate to say or do in school belongs in the hands of teachers instead of federal courts, and the parent's two other claims arise under California law.
Court: USDC Central District of California, Judge: Carter, Filed On: February 22, 2024, Case #: 8:23cv306, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Education, Jurisdiction
[Consolidated.] J. Whitehead grants the customer's motion to appoint interim class counsel for her claim that Amazon charged its customers for their returned items in violation of its own refund terms and exchange policies. The law firms Terrell Marshall Law Group, George Feldman McDonald, Quinn Emanuel Urquhart & Sullivan and Zigler Law Group will become the interim co-lead counsel, because all of them have extensive experience with consumer class actions, including against Amazon, and there is no suggestion that either team would not devote all necessary resources to fully pursue this case on behalf of their clients.
Court: USDC Western District of Washington, Judge: Whitehead, Filed On: February 22, 2024, Case #: 2:23cv1372, NOS: Other Contract - Contract, Categories: Class Action, Contract