219 results for 'filedAt:"2024-02-28"'.
J. Shorr finds the trial court properly committed appellant for a mental disorder that makes her a danger to others. Appellant “suffers from a mix of mania and psychosis that results in a delusion that there is a conspiracy of government actors who are pursuing, harassing, and working to detain her.” Affirmed.
Court: Oregon Court of Appeals, Judge: Shorr, Filed On: February 28, 2024, Case #: A178745, Categories: Commitment
J. Lauber finds for the commissioner of internal revenue in this challenge to the IRS determination of tax liability because the deficiencies are not barred by the statute of limitations.
Court: U.S. Tax Court, Judge: Lauber, Filed On: February 28, 2024, Case #: 162TC4, Categories: Tax
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J. Smith finds that the lower court properly ruled in favor of the bank in this lawsuit "to collect a credit card debt." The appellant relies on "God's law" to challenge the judgment, citing Deuteronomy 15, but the lower court "properly applied Texas law to the breach of contract claim." Also, the evidence sufficiently supports the damages. Affirmed.
Court: Texas Courts of Appeals, Judge: Smith, Filed On: February 28, 2024, Case #: 05-22-00834-CV, Categories: Debt Collection, Banking / Lending, Contract
J. Yegan finds that the trial court properly denied defendant's petition for resentencing on a first degree murder conviction with a special circumstance of kidnapping. He directly aided and abetted the murder with an intentional plan to kill. "Leniency for a person who orders his cohorts to murder a 15-year-old child with a machine gun? The child is dead and our answer is, no." Affirmed.
Court: California Courts Of Appeal, Judge: Yegan, Filed On: February 28, 2024, Case #: B323018, Categories: Murder, Sentencing, Kidnapping
J. Motoike holds that the trial court erroneously found the vehicle code precluded DUI defendants from mental health treatment diversions. Further proceedings are needed to decide if defendant, facing four misdemeanor DUI charges, should be diverted to mental health treatment.
Court: California Courts Of Appeal, Judge: Motoike, Filed On: February 28, 2024, Case #: G062648, Categories: Competence, Dui
J. Chou finds that the trial court properly rejected a company's motion to vacate the dismissal of its cross-complaint in a personal injury matter, a dismissal it claimed was approved by its attorney without its authorization. Email records do not support its argument that the dismissal was a surprise or the result of excusable neglect. Affirmed.
Court: California Courts Of Appeal, Judge: Chou, Filed On: February 28, 2024, Case #: A167137, Categories: Settlements, Negligence
J. Boyle grants the FDIC’s motion to disqualify counsel for a financial group in its own party in a suit against two insurance companies for wrongfully denying coverage under financial bond policies. This suit originates from a fraud scheme committed against the financial group’s subsidiary, a bank. Since the FDIC has come to substitute the bank as a party, the bank’s counsel, which also represents its associated financial group, presents a conflict of interest for the FDIC. The FDIC may proceed with obtaining new counsel.
Court: USDC Eastern District of North Carolina, Judge: Boyle, Filed On: February 28, 2024, Case #: 5:23cv95, NOS: Insurance - Contract, Categories: Fraud, Banking / Lending, Contract
J. Palafox finds a lower court did not err in denying defendant’s motion to suppress after he allegedly fled the scene of an accident and was later charged with a DWI. Defendant raised a number of issues on appeal, including arguing authorities did not have probable cause to arrest him, but defendant’s vehicle “matched the description and license plate number of the vehicle seen leaving the scene of a motor vehicle accident.” Affirmed.
Court: Texas Courts of Appeals, Judge: Palafox, Filed On: February 28, 2024, Case #: 08-23-00168-CR, Categories: Dui, Due Process
J. Lazar finds the circuit court improperly ruled in favor of the school sports organization in a lawsuit from a high school wrestler appealing orders that effectively stripped him of his 2019 state title and eliminated other results from his wrestling season in part because he participated in a varsity regionals match when the organization had declared he had to serve a suspension for previous unsportsmanlike conduct. In the wrestler's case, the organization applied its suspension rules in an "arbitrary, oppressive or unreasonable manner," in part by determining that the wrestler could not serve out his suspension by sitting out a junior varsity invitational instead of varsity regionals because that would be an attempt to "circumvent" its rules. This decision by the organization was "one of its will, not its judgment," and the circuit court's order is reversed and a permanent injunction is entered reinstating the wrestler's state title and other results. Reversed.
Court: Wisconsin Court of Appeals, Judge: Lazar, Filed On: February 28, 2024, Case #: 2021AP001525, Categories: Administrative Law, Agency
J. Osterhaus finds that the circuit court properly ruled for the department of revenue in this corporate tax dispute by determining that certain federal tax mitigation rules that would benefit cellular company Verizon on its 2000 tax return do not apply under Florida law. Affirmed.
Court: Florida Courts Of Appeal, Judge: Osterhaus, Filed On: February 28, 2024, Case #: 1D2022-2094, Categories: Tax
J. Magnuson dismisses the employee's complaint alleging that she was harassed and ultimately terminated because of her age, race and disability and because she took medical leave. The employee's claims are untimely, and she has not adequately stated them, in part because she has failed to allege her age and has not exhausted her administrative remedies.
Court: USDC Minnesota, Judge: Magnuson, Filed On: February 28, 2024, Case #: 0:23cv2296, NOS: Employment - Civil Rights, Categories: Employment, Employment Discrimination
J. Erickson finds a lower court properly dismissed a defendant's motion for a new trial on claims of violations of his Fifth and Sixth Amendment rights. The defendant, who was convicted on charges of kidnapping, interstate domestic violence, and strangulation, argued that the lower court excluded evidence that his dating partner had undergone previous trauma, which included past abortions and the death of her previous partner, who committed suicide. However, the government sufficiently showed in court that his attempt to present evidence of her prior trauma did not bolster his alleged innocence, and that she was not a willing participant in the "alleged consensual asphyxiation." Affirmed.
Court: 8th Circuit, Judge: Erickson, Filed On: February 28, 2024, Case #: 23-1345, Categories: Evidence, Domestic Violence, Kidnapping
Per curiam, the appellate division finds that the city administrative office improperly imposed penalties on the building owner for illegally converting a unit to transient use. This determination was not supported by substantially evidence as there was no testimony or evidence presented to support the city's claim. Reversed.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: February 28, 2024, Case #: 01008, Categories: Administrative Law, Property
Per curiam, the appellate division finds that the lower court properly denied the organization's motion to dismiss negligent supervision claims stemming from allegations of sexual abuse of an eight-year-old child by a mentor. The complaint reasonably alleges that the organization had a duty to take reasonable measures to guard against child sexual abuse by volunteers, and that it failed to put screening measures in place to prevent such abuse. Affirmed.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: February 28, 2024, Case #: 00993, Categories: Tort, Negligence
J. Kearse finds that the district court improperly dismissed workplace discrimination and retaliatory termination claims because the employee raised triable issues of fact in hostile work environment claims and claims contending she was retaliated against by being transferred to work in a city 160 miles away from her family. She also presented triable issues in claims contending she suffered discriminatory termination and was paid less than an identified male coworker.
Court: 2nd Circuit, Judge: Kearse, Filed On: February 28, 2024, Case #: 20-3599, Categories: Employment Discrimination, Employment Retaliation
J. Schlegel vacates defendant's conviction for illegal possession of a stolen thing valued at $25,000 or more. In this case, the state concedes that it did not prove the value of the stolen vehicle was $25,000 or more. However, the evidence supports a lesser and included responsive verdict of illegal possession of a stolen thing less than $1,000 because there was video evidence showing defendant driving the stolen vehicle over 80 miles per hour, which demonstrates that the vehicle had some value. Vacated.
Court: Louisiana Court Of Appeal, Judge: Schlegel, Filed On: February 28, 2024, Case #: 23-KA-273, Categories: Evidence, Theft, Vehicle
J. Gravois finds that defendant was properly convicted of first degree rape upon a known juvenile under the age of thirteen. Defendant's motion to suppress his statement was properly denied because he was read an advice of rights form, which notified him of his Miranda rights in English, and he was shown the advice of rights form, which is also in Spanish. Further, the interrogating officer testified that she spoke to defendant in English and he responded in English, and he did not have trouble understanding her. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Gravois, Filed On: February 28, 2024, Case #: 23-KA-323, Categories: Miranda, Sex Offender
J. Seybert enters judgment in favor against a woman on claims that a Suffolk County detective violated her due process and equal protection rights when he flirted with her over text while investigating claims that she was being stalked and harassed by an unknown person. The court finds the flirtation, while inappropriate, did not rise to the level of violating her constitutional rights. The court also finds the county not liable and dismisses those claims.
Court: USDC Eastern District of New York, Judge: Seybert, Filed On: February 28, 2024, Case #: 2:19cv4527, NOS: Other Civil Rights - Civil Rights, Categories: Due Process, Equal Protection, Police Misconduct