153 results for 'filedAt:"2024-03-01"'.
J. Underhill finds a lower court properly dismissed a parent's motion to continue obtaining child tax credit on behalf of his disabled son. The parent argued that he was entitled to backdated relief. However, the tax authority sufficiently showed in court that his son is now 20, which disqualifies him for retrospective benefits. Affirmed.
Court: Her Majesty's Court of Appeal, Judge: Underhill, Filed On: March 1, 2024, Case #: CA-2023-313, Categories: Tax, Agency
J. Wilson finds a lower court properly dismissed a defendant's motion for a life sentence modification. The defendant, who is serving a life sentence for a murder conviction, argued that he never received correspondence concerning the denial of his motion. However, the state presented sufficient evidence in court that a clerk's notation was forwarded to him. Affirmed.
Court: Kansas Supreme Court, Judge: Wilson, Filed On: March 1, 2024, Case #: 122246, Categories: Murder, Sentencing
J. Lin grants, in part, default judgment in this fraud and negligent misrepresentation claims brought by the SEC against promoters of a cryptocurrency, finding one of the promoters violated the Securities Exchange Act. Therefore, he is permanently restrained and enjoined from any further violations, and he is liable for disgorgement. The SEC’s request for prejudgment interest is denied, but it may enforce the judgement for disgorgement and civil penalties.
Court: USDC Western District of Washington, Judge: Lin, Filed On: March 1, 2024, Case #: 2:22cv1009, NOS: Securities/Commodities/Exchange - Other Suits, Categories: Fraud, Securities, Enforcement Of Judgments
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J. Pedersen finds that the lower court properly ruled against the coating manufacturer and awarded damages to the warehouse owner in this suit alleging negligent undertaking, negligent misrepresentation and fraud in connection with a leaking roof. There was sufficient evidence to find "an actionable misrepresentation," relating to the applicator's qualifications, and actual damages. Affirmed.
Court: Texas Courts of Appeals, Judge: Pedersen, Filed On: March 1, 2024, Case #: 05-22-00522-CV, Categories: Negligence
J. Goldstein finds that the lower court properly ruled for the appellee in this forcible detainer action. Contrary to the appellant's argument, the lower court did not err by denying his request to abate the proceeding. Also, the "title and possession issues were not inextricably intertwined." Affirmed.
Court: Texas Courts of Appeals, Judge: Goldstein, Filed On: March 1, 2024, Case #: 05-23-00075-CV, Categories: Civil Procedure, Real Estate
[Modified.] J. Jackson grants a university's motion for confidential treatment of student identities by modifying multiple paragraphs of a previously published opinion with no change in judgment. A university had jurisdiction over a tenured professor and was within its discretion to both fire him and deny him emeritus status based on undisputed findings that he sexually abused two women who were not university students. The university had the authority to enforce its faculty code of conduct, the professor's conduct was subject to discipline under the code, and he violated ethical principles and impaired the university's central functions. Affirmed.
Court: California Courts Of Appeal, Judge: Jackson, Filed On: March 1, 2024, Case #: A164480, Categories: Employment, Jurisdiction
J. Snauffer finds that the trial court improperly invalidated a regulatory notice issued by the Geologic Energy Management Division which requires oil operators to cease operations if a "surface expression" appears outside of a wellbore as a result of injection operations. The regulations are consistent with the Public Resources Code and with the Division's mandate to promote health and safety. They are supported by substantial evidence that human life is endangered by the appearance of oil, water, steam, gas, formation solids or debris within 150 feet of a well. Vacated.
Court: California Courts Of Appeal, Judge: Snauffer, Filed On: March 1, 2024, Case #: F085832, Categories: Administrative Law, Energy, Environment
J. Rogers remands a news outlet's Freedom of Information Act case following the grant of summary judgment to the Department of Justice, which refused to release a monitor's report on a bank's conduct as a result of a deferred prosecution agreement related to money laundering. The district court must determine whether any part of the report can be released without harming protections under exemption 8 of the Act.
Court: DC Circuit, Judge: Rogers, Filed On: March 1, 2024, Case #: 22-5300 , Categories: Public Record, Banking / Lending
J. Traynor grants a motion to dismiss from several North Dakota Counties and law enforcement in a matter stemming from the Dakota Access Pipeline protests in which the reporter alleges that officers used excessive force to detain her. The panel held that it was objectively reasonable for the arresting officers to believe they had authority to arrest the reporter for physical obstruction of a government function.
Court: USDC North Dakota , Judge: Traynor, Filed On: March 1, 2024, Case #: 1:22cv211, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Police Misconduct
J. Menetrez finds that the juvenile court properly ordered that defendant, a juvenile, be transferred to criminal court to face a murder charge. Recent statutory changes raising the standard of proof for a transfer to clear and convincing did not give greater weight to any one of several factors, such as welfare or foster care history, human trafficking or sexual battery. Affirmed.
Court: California Courts Of Appeal, Judge: Menetrez, Filed On: March 1, 2024, Case #: E082250, Categories: Juvenile Law, Murder
J. Menetrez finds that the trial court improperly denied defendant's motion to quash the state's subpoena seeking his case file in preparation for a resentencing hearing. The trial court must apply the factors in the appeal court's "Facebook Inc. v. Superior Court" opinion, which apply to subpoenas issued by both the defense and prosecution. That standard is used to determine if good cause exists to seek a defendant's entire case file, including medical and mental health records. Vacated.
Court: California Courts Of Appeal, Judge: Menetrez, Filed On: March 1, 2024, Case #: E081770, Categories: Criminal Procedure, Sentencing, Sex Offender
J. Young denies the truck drivers motion for default judgement. The insurance company refused to cover the losses the truck driver endured when his 1999 Freightliner Classic XL truck was reportedly towed to an impound lot but went missing when he was arrested in 2015. The truck driver believes the insurance company and a separate truck company conspired to steal his vehicle to strip for parts. The truck driver failed to plead a viable private fraud claim, and further, the facts establish that the relevant statute of limitations has expired for the conversion claim.
Court: USDC Eastern District of Virginia, Judge: Young, Filed On: March 1, 2024, Case #: 3:23cv267, NOS: Other Contract - Contract, Categories: Fraud, Insurance, Conversion
J. Jackson grants the business owners' motion to dismiss a trade secrets dispute. The business owner and the income tax preparation service entered into an agreement in which the business owners would operate two locations. After the agreement ended, the income tax service accused the business owners of violating their contract by using confidential trade secrets to lure customers from the franchise to the new income tax service business they had started. The income tax service failed to identify a specific trade secret the new business used to steal their customers.
Court: USDC Eastern District of Virginia, Judge: Jackson, Filed On: March 1, 2024, Case #: 2:23cv355, NOS: Defend Trade Secrets Act of 2016 (DTSA) - Property Rights, Categories: Trade Secrets, Tax, Contract
J. Tunheim grants the immigrant's motion for summary judgment and vacates the immigration officials' denial of his application for adjustment of status. The immigrant did not render himself inadmissible by by joining an organization, after leaving Liberia, which fundraised for the United Liberation Movement for Democracy, a group which opposed Charles Taylor and his National Patriotic Front of Liberia. The immigration officials have not alleged that he engaged in a "terrorist activity" in doing so. The immigration officials' determination that the group was a Tier III terrorist organization was also arbitrary and capricious, and must be set aside. Finally, the immigrant has demonstrated by clear and convincing evidence that he neither knew or should have known that the group was a terrorist organization.
Court: USDC Minnesota, Judge: Tunheim, Filed On: March 1, 2024, Case #: 0:18cv3163, NOS: Other Immigration Actions - Immigration, Categories: Immigration, Terrorism
J. Cates finds that the lower court properly convicted defendant of attempted murder, after defendant knowingly and voluntarily waived his right to counsel. There were no significant changes during the trial that required re-admonishments of the risks of proceeding pro se. Further, defendant forfeited the issue of whether the state made improper remarks during closing arguments. Affirmed.
Court: Illinois Appellate Court, Judge: Cates, Filed On: March 1, 2024, Case #: 220008, Categories: Murder, Prosecutorial Misconduct, Self Representation
Per curiam, the appellate division finds that the lower court properly found for the university in a trip and fall suit. The woman tripped and fell on a set of exterior steps, claiming the light illuminating the steps had burnt out, but the university showed it had no notice of the light outage. Affirmed.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: March 1, 2024, Case #: 01124, Categories: Tort
J. Castel partially denies Google's motion to dismiss the advertisers' antitrust claims stemming from its monopoly of the digital advertising market. The complaint adequately alleges anticompetitive conduct related to ad exchanges and the ad-buying tools for small advertisers, but not for tools used by large advertisers. Further, the advertisers' claims directed to alleged misstatements about Google's implementation of reserve price optimization will be dismissed.
Court: USDC Southern District of New York, Judge: Castel, Filed On: March 1, 2024, Case #: 1:23cv5177, NOS: Antitrust - Other Suits, Categories: Antitrust, Technology
[Consolidated] J. Stiglich finds the district court properly dismissed the employee's claims against her employer after she was acquitted from charges of embezzling from the casino. Statements the casino's auditor made to its board of directors regarding the possible embezzlement are protected as matters of public concern, and the court properly dismissed under the anti-SLAPP statute. The statements were not idle gossip, and though the casino is not a public workplace, the employee's alleged actions would likely affect the casino's clientele and people within the community. Affirmed.
Court: Nevada Supreme Court, Judge: Stiglich , Filed On: March 1, 2024, Case #: 85144, Categories: Anti-slapp, Employment
J. Mannion grants summary judgment to a township and two of its town supervisors, who were sued by the police chief and two officers over a dispute considering traffic enforcement. The police said one supervisor, who rebuked them for not ticketing more tractor-trailers on the highway, overstepped his authority and attempted to order them around in retaliation for exercising their First Amendment rights to the irate supervisor. The police failed to show actionable retaliatory conduct, as the town board member’s comments amounted to immature criticism and mere rudeness, and he had no authority to compel the officers to act.
Court: USDC Middle District of Pennsylvania, Judge: Mannion, Filed On: March 1, 2024, Case #: 3:19-2115, NOS: Civil Rights - Habeas Corpus, Categories: Civil Rights, Employment Retaliation, First Amendment
[Consolidated]. J. Shepherd finds that this appeal in this bankruptcy dispute must be dismissed. The trust seeks to to dismiss a creditor's claims that certain dragnet clauses in mortgages are enforceable. The creditor argued that the clauses are valid. However, the court lacks jurisdiction because the bankruptcy court still has much to decide in this case.
Court: 8th Circuit, Judge: Shepherd, Filed On: March 1, 2024, Case #: 22-3201, Categories: Bankruptcy, Civil Procedure, Banking / Lending
J. Stras finds a lower court properly dismissed the Reporters Committee for Freedom of Press request to unseal federal criminal inquiries in connection. The government argued that the majority of the requested documents would be unsealed within six months. However, the government sufficiently showed that the court lacks jurisdiction. Affirmed.
Court: 8th Circuit, Judge: Stras, Filed On: March 1, 2024, Case #: 22-3326, Categories: Civil Rights, Jurisdiction
J. Hicks grants a request by a hospital service district to strike the trial by jury demand of a father suing a district-owned hospital for allegedly failing to give his 13-year-old son a thorough medical examination, resulting in his death the day after discharge. Since adoption of the Seventh Amendment in 1791, federal courts have consistently held there is no right to a jury trial against a political subdivision. The hospital, which originally requested a jury trial, may have a judge-only trial instead.
Court: USDC Western District of Louisiana , Judge: Hicks, Filed On: March 1, 2024, Case #: 5:22-cv-00171, NOS: Other Statutory Actions - Other Suits, Categories: Constitution, Health Care, Jury
[Consolidated.] J. Jones finds the district court improperly remanded this oil and gas royalties dispute to state court. The landowner and stockholders initiated this class action alleging that the energy company had underpaid more than $100 million in royalties. The company says the Class Action Fairness Act requires the case be heard in federal court, while the district court reasoned the Act's local controversy exception supported remand in spite of a third of the royalties recipients being located in other states and countries. The Act ties principal injuries sustained to the entire class, not a subset. No exception exists for cases in which most parties sustain the principal injury in the forum state, but some do not. Vacated.
Court: 5th Circuit, Judge: Jones , Filed On: March 1, 2024, Case #: 23-40591 , Categories: Energy, Jurisdiction, Class Action