155 results for 'filedAt:"2024-02-23"'.
J. Robart declines to dismiss the Washington Consumer Protection Act claim in the timeshare owners' class action alleging that Happy Hour Media Group did not truly assist them in "exiting" their timeshare obligations in various resort properties. False advertising can be an unfair or deceptive practice under the WCPA, and the timeshare owners sufficiently allege that Happy Hour knowingly provided false information when promoting Reed Hein & Associates, because Happy Hour “drafted advertising and marketing content used by” Reed Hein and Lampo Group.
Court: USDC Western District of Washington, Judge: Robart, Filed On: February 23, 2024, Case #: 2:23cv630, NOS: Other Fraud - Torts - Personal Property, Categories: Consumer Law, Class Action, False Advertising
[Consolidated.] J. Burns denies the city’s motion for rehearing in this case where the trial court properly tossed a taxpayer challenge to an initiative to raise the county sales tax by 0.5% to fund early childhood education and pediatric care. The opinion shall be modified and there shall be no change to the judgment. Affirmed.
Court: California Courts Of Appeal, Judge: Burns, Filed On: February 23, 2024, Case #: A166401, Categories: Elections, Tax
J. Busby finds that severing claims disposed of on partial summary judgment into a new action renders the judgment final even though other claims remain pending in the original action. The severed action became final when the severance order was signed. The court of appeals improperly found that it lacked jurisdiction to hear the losing party's appeal. Reversed.
Court: Texas Supreme Court, Judge: Busby, Filed On: February 23, 2024, Case #: 22-0459, Categories: Civil Procedure, Jurisdiction, Contract
[Consolidated.] J. Edwards finds that the lower court properly terminated the parental rights of the father but improperly terminated the mother's parental rights in these consolidated cases. The evidence sufficiently supports the lower court's abandonment finding, as to the father. The record does not show, however, that there was "no viable alternative to the termination of the mother's parental rights." Specifically, there was no evidence that the maternal aunt "knew that the children had been removed from the mother's custody." Reversed in part.
Court: Alabama Court of Civil Appeals, Judge: Edwards, Filed On: February 23, 2024, Case #: CL-2023-0393, Categories: Civil Procedure, Family Law
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J. Tenney finds defendant’s counsel failed to ask for jury instructions that would define the serious bodily injury on his possession of a dangerous weapon counts. Defendant was not prejudiced for the convictions based on a chain with padlock and an axe, but he was prejudiced to the conviction based on a turkey hook. The counsel properly chose not to move for direct verdict on the paraphernalia count, because there is enough evidence to support that claim. Therefore, there only needs to be a new conviction regarding the weapon counts. Reversed.
Court: Utah Court Of Appeals, Judge: Tenney, Filed On: February 23, 2024, Case #: 20220143-CA, Categories: Drug Offender, Weapons, Jury Instructions
J. Milazzo denies a request by the manufacturer of a chemotherapy drug to dismiss 47 cases in the mass product liability litigation in which the litigant has passed away, in some cases, years ago. It is the burden of the litigants’ counsel to notify the decedent’s representatives, not the drug-maker.
Court: USDC Eastern District of Louisiana , Judge: Milazzo, Filed On: February 23, 2024, Case #: 2:16md2740, NOS: Personal Injury - Health Care/Pharmaceutical Personal Injury/Product Liability - Torts - Personal Injury, Categories: Civil Procedure, Damages, Negligence
J. DeGravelles grants summary judgment to the insurer of the lessee of an oilfield service company’s truck and against the insurer of the vehicle’s owner. Both insurance companies are providers of co-primary underinsured motorist coverage in the accidental injury case of the truck’s driver, who was struck by another motorist. Although the insurer of the truck’s owner argues there cannot be co-primary policies because Louisiana law provides for one primary and one excess policy to provide uninsured motorist coverage, this incorrectly states the law.
Court: USDC Middle District of Louisiana, Judge: DeGravelles, Filed On: February 23, 2024, Case #: 3:22cv123, NOS: Motor Vehicle - Torts - Personal Injury, Categories: Evidence, Insurance, Vehicle
J. Tailor finds that the lower court improperly granted the mother's petition on behalf of her daughter for an order of protection against the father on the basis of alleged sexual abuse. The trial court's decision to question the 18-year-old girl in camera about her preference regarding allocation of parental responsibility violated the father's due process rights, as he was prevented from challenging her credibility through cross-examination. Reversed.
Court: Illinois Appellate Court, Judge: Tailor, Filed On: February 23, 2024, Case #: 230935, Categories: Family Law, Due Process
J. Bledsoe dismisses the third-party complaint filed by a subcontractor against the demolition company that was brought on by a general contractor hired to build a cold-storage facility. In 2020, two of the demolition firm’s employees accidentally released deadly ammonia gas, which killed one employee, delayed the project and damaged the firms’ products. The subcontractor’s complaint alleges the demolition company is responsible for the incident and argues it must pay for the subcontractor’s alleged damages, but its negligence claim is brought after the statute of limitations expired, and its claims for indemnity were insufficiently pleaded.
Court: North Carolina Business Court, Judge: Bledsoe, Filed On: February 23, 2024, Case #: 2024-NCBC-9, Categories: Construction, Negligence, Indemnification
J. Cassel finds the trial court properly overruled defendant's motion for absolute discharge of his felony offense on speedy trial grounds. Though defendant contends his waiver of speedy trial rights applies only to a continuance granted solely at the request of the defendant and not the state, this argument has no merit. Affirmed.
Court: Nebraska Supreme Court, Judge: Cassel , Filed On: February 23, 2024, Case #: S-23-356, Categories: Speedy Trial, Due Process
J. Petty denies the Sudanese citizen's motion to reopen and terminate his removal proceedings. Found to be removable based on his convictions for two theft offenses and denied all relief from removal, the immigrant has not established the state court, as he claims, vacated his original convictions because of a procedural or substantive defect in the underlying criminal proceedings.
Court: Board of Immigration Appeals, Judge: Petty , Filed On: February 23, 2024, Case #: 4073, Categories: Immigration, Theft, Due Process
J. Alvord finds the lower court improperly denied the husband's motion for a reduction in child support payments because testimony from a private investigator was sufficient to establish the couple's older child had moved in with the husband and was no longer under the care of the wife, who had moved to Tennessee. Meanwhile, the court also misinterpreted language in the parties' separation agreement when it informed the husband his alimony payments could not be modified or removed. Therefore, the case must be remanded to allow for calculation of spousal support payments based on a proper reading of the agreement and the cohabitation of the husband and child. Reversed.
Court: Connecticut Court Of Appeals, Judge: Alvord, Filed On: February 23, 2024, Case #: AC46050, Categories: Evidence, Family Law
J. Westbrook finds the lower court properly used the wife's 2020 earnings to calculate alimony and child support payments to the husband. There was insufficient evidence from 2021 and 2022, while the husband's claim of an intentional reduction of income was not supported by evidence in the record, including the Covid-19 pandemic and an increase in the number of partners at the wife's company. Affirmed.
Court: Connecticut Court Of Appeals, Judge: Westbrook, Filed On: February 23, 2024, Case #: AC45727, Categories: Evidence, Family Law
J. Graham denies, in part, the police officer's motion for summary judgment, ruling the drawing of his gun on the federal agent immediately upon his arrival at the scene following a 911 call was objectively unreasonable. Although the officer believed the agent was impersonating a law enforcement agent, the federal agent presented no danger and made no attempt to flee when the officer arrived. Additionally, the video and audio recordings of the federal agent's arrest create a question of fact as to how much resistance, if any, he provided while being handcuffed, and so the arresting officers are not entitled to immunity on the excessive force claim related to their use of a taser.
Court: USDC Southern District of Ohio, Judge: Graham, Filed On: February 23, 2024, Case #: 2:20cv6256, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Evidence, Immunity
J. Molloy denies in part the University of Montana's request to dismiss claims from students who say they were wrongfully classified as non-resident students for the purposes of their tuition and other fees. Claims over the university's policy of classifying them as non-resident students against the board members are tossed due to the board members having legislative immunity. The remaining claims proceed because there have been enough "general factual allegations" that make it plausible the policy violates established tuition law.
Court: USDC Montana, Judge: Molloy, Filed On: February 23, 2024, Case #: 9:23cv79, NOS: Education - Civil Rights, Categories: Education
J. Wicks grants a joint motion to seal various exhibits which both parties claim contain sensitive confidential business information, trade secrets, data privacy and cybersecurity information. The case involves allegations that the defendants failed to safeguard its customers’ personally identifiable information, which were targeted by hackers in a data breach. The court directs the parties to redact the privileged information related to defendant’s anti-fraud practices and procedures as well as the litigants’ personal information.
Court: USDC Eastern District of New York, Judge: Wicks, Filed On: February 23, 2024, Case #: 2:21cv6911, NOS: Other Personal Property Damage - Torts - Personal Property, Categories: Evidence, Privacy, Technology
J. Cole denies the Jeep hardtop cover patent holder's motion to expand the court's previous injunction, ruling the sale of two allegedly patent-infringing hardtops by the manufacturer the day the injunction was entered does not violate the order considering the time difference between this court's location in Cincinnati and Thailand, the location of the manufacturer. Meanwhile, the publication of an FAQ and assembly guide on the manufacturer's website does not constitute a violation of the injunction, which prohibits any advertising, because the documents have no promotional effect and cannot be considered marketing materials.
Court: USDC Southern District of Ohio, Judge: Cole, Filed On: February 23, 2024, Case #: 1:20cv918, NOS: Patent - Property Rights, Categories: Patent, Injunction
J. Duffin partially grants the trucking company's motions in limine in the former employee's lawsuit claiming the company refused to accommodate his observation of the Sabbath in violation of his rights against religious discrimination. The company's motions to prohibit testimony at trial from any witness other than the employee himself and to prohibit the employee from testifying about his termination and discharge from the company are granted, in part because the employee failed to timely disclose other witnesses and because the scope of the trial is focused solely on alleged religious discrimination during his employment. The company's motion in limine to prohibit the employee from offering hearsay testimony is denied as unnecessary, and the employee's motion for reconsideration of summary judgment and for appointment of counsel for him is denied.
Court: USDC Eastern District of Wisconsin, Judge: Duffin, Filed On: February 23, 2024, Case #: 2:20cv169, NOS: Employment - Civil Rights, Categories: Employment Discrimination
J. Wall finds a lower court properly invoked a crowded docket exception on behalf of a defendant. The defendant, who was charged with arranging a sexual encounter of a 17- year-old female, argued that he was entitled to a speedy trial. However, the State presented sufficient evidence in court that the motion was not unreasonable. Affirmed.
Court: Kansas Supreme Court, Judge: Wall, Filed On: February 23, 2024, Case #: 123687, Categories: Evidence, Sex Offender, Speedy Trial
J. Rothstein-Youakim finds the trial court improperly temporarily suspended a former wife’s alimony obligation due to two errors in her expenses. The former wife was unexpectedly demoted, and the court made errors in calculating her income. The court properly denied the former husband’s motions for contempt and attorney fees. Affirmed in part. Reversed in part.
Court: Florida Courts Of Appeal, Judge: Rothstein-Youakim, Filed On: February 23, 2024, Case #: 2D22-1791, Categories: Family Law, Settlements
J. Thompson grants the Department of Agriculture’s motion for summary judgment in this discrimination suit brought by a Black veterinarian who worked for the department for two days in 1993, then unsuccessfully reapplied for positions in 1998 and 2010. She was not hired because she had been terminated in 1993, not for discriminatory reasons.
Court: USDC Middle District of Alabama, Judge: Thompson, Filed On: February 23, 2024, Case #: 2:22cv99, NOS: Employment - Civil Rights, Categories: Civil Rights, Employment, Employment Discrimination
J. Penzato finds that the trial court properly ruled in favor of the property owners in a neighbor's suit challenging the city adjustment board's granting of a zoning variance that allowed the owners to add a fourth driveway. The neighbor lacked a cause of action against the owners, who were correctly dismissed from the suit since they were not "indispensable parties." Affirmed.
Court: Louisiana Court Of Appeal, Judge: Penzato, Filed On: February 23, 2024, Case #: 2023CA0658, Categories: Civil Procedure, Property, Zoning
J. Guidry vacates the trial court's judgments in an auto accident case that stems from a driver hitting a deer on the interstate. The trial court improperly denied the motion for mistrial since nine of the twelve jurors were not in agreement regarding the allocation of fault to each party. Also, a directed verdict was erroneously granted on the affirmative defenses of force majeure and sudden emergency because there was conflicting testimony about the parties' actions after the deer entered the roadway. Vacated.
Court: Louisiana Court Of Appeal, Judge: Guidry, Filed On: February 23, 2024, Case #: 2023CA0718, Categories: Jury, Negligence