202 results for 'filedAt:"2024-03-06"'.
J. Scales finds the trial court properly denied the insureds' motion for attorney fees and granted the insurance company's motion for summary judgment in the insureds dispute over the appraisal process and ultimate coverage of damages their home suffered during Hurricane Irma in 2017. The trial court's order on attorney fees is affirmed without discussion, and the summary judgment order is upheld because, despite the insureds' arguments to the contrary, the trial court was allowed to consider evidence in the record from the hearing over attorney fees in making its summary judgment decision. Affirmed.
Court: Florida Courts Of Appeal, Judge: Scales, Filed On: March 6, 2024, Case #: 22-2137, Categories: Insurance, Contract
J. Chutich affirms the defendant's upward durational sentencing departure for his conviction of third-degree criminal sexual conduct against a physically helpless person. The offense was committed in the victim's bedroom and therefore in her zone of privacy, and that aggravating factor is a proper basis for an upward durational departure. Affirmed.
Court: Minnesota Supreme Court, Judge: Chutich, Filed On: March 6, 2024, Case #: A22-0105, Categories: Sentencing, Sex Offender
J. Lindsey finds the trial court properly denied defendant's pro se motion to vacate what he claims is an illegal sentence of life in prison with the potential of parole after 25 years plus consecutive 30-year sentences he received when he was a juvenile after being convicted of first-degree murder and two counts of second-degree attempted murder. Defendant's arguments about the structure of his sentences have already been raised, considered and rejected by the appeals court, so his sentences stand. Affirmed.
Court: Florida Courts Of Appeal, Judge: Lindsey, Filed On: March 6, 2024, Case #: 23-0025, Categories: Murder, Sentencing
J. Ortega invalidates two Climate-Friendly and Equitable Communities rules after finding the Land Conservation and Development Commission did not provide sufficient notice for one and exceeded its statutory authority in enacting the other. “Adopted rule does cover a subject matter not specified in the notice” and “statutes do not authorize LCDC to revoke an acknowledgement of a TSP, which is part of a local government’s acknowledged comprehensive plan.”
Court: Oregon Court of Appeals, Judge: Ortega, Filed On: March 6, 2024, Case #: A180037, Categories: Zoning
J. Aoyagi finds the evidence was legally sufficient to convict defendant of second-degree kidnapping and domestic violence. “After viciously assaulting and strangling [the victim]—including breaking her nose—defendant dragged [the victim] by her neck out of the motorhome, into the shed, and into his Jeep, and then attempted to leave the property with her.” Affirmed.
Court: Oregon Court of Appeals, Judge: Aoyagi, Filed On: March 6, 2024, Case #: A178684, Categories: Evidence, Domestic Violence, Kidnapping
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J. Kamins finds the trial court properly declined to declare a mistrial for the prosecutor’s statements against defendant’s and her boyfriend’s credibility in a trial convicting defendant of conspiracy to commit second-degree murder. “It is proper—indeed, required—for an attorney to be able to comment on the evidence presented.” Affirmed.
Court: Oregon Court of Appeals, Judge: Kamins, Filed On: March 6, 2024, Case #: A178236, Categories: Evidence, Conspiracy
J. Domenico dismisses pro se defamation claims for lack of proper service upon defendant, who had not evaded service.
Court: USDC Colorado, Judge: Domenico, Filed On: March 6, 2024, Case #: 1:22cv1769, NOS: Assault, Libel, & Slander - Torts - Personal Injury, Categories: Civil Procedure, Defamation
J. Ervin-Knott finds that the City Civil Service Commission properly upheld a police officer's five-day suspension for violating the police department's internal policy regarding social media usage. In this case, it is undisputed that the officer made a comment on a Lieutenant's Facebook post regarding "Fighting Crime in Major Cities," writing, "Ask them when they plan on implementing a crime fighting plan. Because I’ve been here for 20+ years and haven’t seen a crime fighting plan yet. All I see is ‘get stats'." The officer's disparaging comment undermined the police department and the work that its employees do. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Ervin-Knott, Filed On: March 6, 2024, Case #: 2023-CA-0684, Categories: Employment, Evidence
J. Kobayashi partially dismisses claims of free speech violations, malicious prosecution and negligent supervision against the county and its police officers brought by a man who says officers wrongfully arrested him after he called 911 on a group of tourists. The caller could not show that his free speech was restricted by any policy of the county or the police department. Similarly, he does not show they deliberately allowed him to be arrested.
Court: USDC Hawaii, Judge: Kobayashi, Filed On: March 6, 2024, Case #: 1:22cv269, NOS: Other Civil Rights - Civil Rights, Categories: First Amendment, Police Misconduct
J. St. Eve finds that the lower court properly dismissed an Indiana citizen's Takings Clause claim based on the state's failure to pay interest accrued on property while it was in state custody. The specific relief sought in this case is now moot, as Indiana has since passed a law requiring payment of interest on all property recovered under the Revised Indiana Unclaimed Property Act. Further, the citizen cannot seek compensation in federal court from Indiana official defendants due to Eleventh Amendment immunity. Affirmed.
Court: 7th Circuit, Judge: St. Eve, Filed On: March 6, 2024, Case #: 23-1792, Categories: Constitution, Property, Immunity
J. St. Eve finds that the lower court properly applied a two-level sentencing enhancement for defendant's possession of a chewing tobacco can full of energetic powder, sealed with adhesive, and outfitted with a fuse. This "firework" qualifies as a destructive device for sentencing purposes on top of his possession of a firearm as a felon. Affirmed.
Court: 7th Circuit, Judge: St. Eve, Filed On: March 6, 2024, Case #: 23-1942, Categories: Firearms, Sentencing
J. St. Eve certifies three questions to the Illinois Supreme Court in a suit challenging the temporal limitations of the Workers' Occupational Diseases Act which provides workers' compensation for employees who contract a disease arising out of their employment, sometimes years or decades after that employment ends.
Court: 7th Circuit, Judge: St. Eve, Filed On: March 6, 2024, Case #: 23-2343, Categories: Civil Procedure, Workers' Compensation
J. Mitchell finds that the lower court improperly enjoined the Board of Elections from counting and reporting votes related to the "Bring Chicago Home" referendum on the March 19, 2024 ballot, which relates to the creation of a graduated transfer tax on Chicago real estate. The complaint challenging the proposed initiative is premature, and the lower court erred by interfering with the legislative process. Reversed.
Court: Illinois Appellate Court, Judge: Mitchell, Filed On: March 6, 2024, Case #: 240417, Categories: Elections, Real Estate, Tax
J. Trauger grants in part the plaintiff company's motion for a preliminary injunction and partial motion to dismiss certain counterclaims in this trademark dispute between competing epoxy sellers. The court will grant limited injunctive relief related to the use of the phrase "ultra clear epoxy" in online advertisements. The counterclaims for deceptive trade practices are also dismissed.
Court: USDC Middle District of Tennessee , Judge: Trauger, Filed On: March 6, 2024, Case #: 3:23cv715, NOS: Trademark - Property Rights, Categories: Trademark, Consumer Law
[Consolidated.] J. Kugler awards a company attorney fees in claims contending other members of the joint venture violated confidentiality and non-disparagement provisions of a settlement by accusing them of running an organized crime scheme. The company became the prevailing party when the court entered an injunction against the other members for violating the settlement, and the record indicates costs and fees were reasonable.
Court: USDC New Jersey, Judge: Kugler , Filed On: March 6, 2024, Case #: 1:23cv2967, NOS: Other Contract - Contract, Categories: Settlements, Attorney Fees
J. Taranto finds that the district court improperly ruled in infringement claims concerning a patent for rechargeable lithium-ion batteries because the claim constructions were not contradictory. Reversed.
Court: Federal Circuit, Judge: Taranto, Filed On: March 6, 2024, Case #: 23-1194, Categories: Patent
J. Smith finds for the U.S. in this protest to voluntary corrective action that had been taken following a bid protest for a contract to provide vision care services because the company waived its right to bring suit upon entering the settlement agreement.
Court: Court of Federal Claims, Judge: Smith, Filed On: March 6, 2024, Case #: 23-1278, Categories: Settlements, Contract
J. Lipman mostly denies the Varsity defendants' motion to exclude certain expert testimony in this antitrust lawsuit involving the cheerleading industry. The Varsity defendants' argument concerning the data used "to calculate relevant sales is a factual dispute suitable for cross-examination." Their motion is granted, however, as to the expert's "damages calculations for states in which Indirect Purchasers are not pursuing damages."
Court: USDC Western District of Tennessee , Judge: Lipman, Filed On: March 6, 2024, Case #: 2:20cv2892, NOS: Antitrust - Other Suits, Categories: Antitrust, Damages, Experts
J. Cornelius grants a medical device manufacturer’s motion to dismiss this wrongful death product liability lawsuit involving a medical defibrillator known as the Evera brought by the patient’s estate. The manufacturer recalled the defective defibrillators due to the battery rapidly and unexpectedly depleting approximately two months before the patient’s death, but the estate alleges the recall should have happened sooner. The estate’s claims are based on post-“premarket approval” behavior, so they are preempted by the Medical Device Amendments of 1976.
Court: USDC Northern District of Alabama , Judge: Cornelius, Filed On: March 6, 2024, Case #: 2:23cv423, NOS: Personal Injury - Product Liability - Torts - Personal Injury, Categories: Health Care, Product Liability, Wrongful Death
J. Russell grants, in part, a retirement communities’ motion to dismiss allegations of religious discrimination, retaliation, Genetic Information Nondiscrimination Act violations and ADA violations when they imposed a Covid-19 vaccine mandate for all employees brought by former employee. The employee states she submitted medical and religious exemption requests before she was fired for not complying with the mandate. She fails to exhaust her remedies for the GINA and ADA retaliation claims. The rest of the claims are denied, and the communities must answer the complaint as required by the Federal Rules of Civil Procedure and this court’s local rules.
Court: USDC Maryland, Judge: Russell, Filed On: March 6, 2024, Case #: 1:23cv12221, NOS: Employment - Civil Rights, Categories: Ada / Rehabilitation Act, Covid-19, Employment Retaliation