194 results for 'filedAt:"2024-03-15"'.
J. Lambert finds the trial court properly granted summary judgment to the foundation services company and others being sued by the citizen, and its summary judgment rulings are affirmed without discussion. There is no jurisdiction to hear the citizen's appeal of the trial court's nonfinal order denying her leave to amend her second amended complaint, so that portion of the appeal is dismissed. Affirmed in part.
Court: Florida Courts Of Appeal, Judge: Lambert, Filed On: March 15, 2024, Case #: 22-2558, Categories: Jurisdiction, Contract
J. Coulson recommends granting in part a home medical company’s motion for default judgment in this counterclaim contract dispute brought by a supply company. The counterclaim for breach of contract should be granted for liability against the supply company. However, the claims for negligent or intentional misrepresentation and promissory estoppel should be denied. It is also recommended that the medical company be awarded over $2.7 million in damages for the actual profits for the sale of medical gowns.
Court: USDC Maryland, Judge: Coulson, Filed On: March 15, 2024, Case #: 1:20cv2479, NOS: Other Contract - Contract, Categories: Damages, Contract
J. Barrett finds that the circuit court improperly ruled in claims brought against an elected official who censored comments on his social media pages. The case is remanded for the court to determine if the specific posts had been made in an official or personal capacity. Reversed.
Court: US Supreme Court, Judge: Barrett, Filed On: March 15, 2024, Case #: 22-611, Categories: Government
Per curiam, the Nebraska Supreme Court finds the district court properly affirmed the tax commissioner's ruling against the responsible officer. After a tax deficiency was assessed against the company, it filed a protest and petition for redetermination. The petition remained unresolved until the company ceased operations and a notice and demand for payment was issued to the responsible officer. Though the court does not condone the delay, no prejudice is demonstrated. Equitable relief does not absolve the responsible officer of liability. Affirmed.
Court: Nebraska Supreme Court, Judge: Per curiam, Filed On: March 15, 2024, Case #: S-23-060, Categories: Tax, Due Process
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J. Cassel finds the county court improperly granted the journalists' request for a writ of mandamus. The journalists sought public record emails to or from agency staff members containing keywords “nitrate,” “nutrient,” “fertilizer” or “nitrogen,” which resulted in a charge of more than $44,000. Though the journalists were authorized to challenge the fee, relevant statute allows a public body to impose a special service charge for time spent by non-attorney employees in excess of 4 cumulative hours reviewing requested public records for a statutory basis to withhold one or more of the records in whole or in part. Vacated in part.
Court: Nebraska Supreme Court, Judge: Cassel , Filed On: March 15, 2024, Case #: S-23-155, Categories: Public Record
J. Oldham finds the district court improperly granted summary judgment to the law firm, which had been hired by the state of Louisiana to recover double payments made in a home repair grant program from which the octogenarian homeowners whose houses were damaged in hurricanes had potentially received double payments. An agreement cited by the firm allows for recuperation only where the grant recipient receives future payments after signing the program's suite of contracts. It provides no fee-shifting remedy against these recipients, who received payments before signing. Reversed.
Court: 5th Circuit, Judge: Oldham , Filed On: March 15, 2024, Case #: 22-30487, Categories: Administrative Law, Debt Collection, Banking / Lending
J. Chambers grants the recreational vehicle manufacturer's motion to dismiss the customer's breach of warranty suit claiming a 2022 Forest River Sandpiper he purchased from a dealer in Ashland, Kentucky, was defective and that multiple attempts to repair the RV were unsuccessful. The court finds the customer signed the warranty registration when he purchased the RV which contained the "magic words" in the forum selection clause that any action must be filed in Indiana. The court stays enforcement of its order to allow the customer to file a motion to transfer.
Court: USDC Southern District of West Virginia, Judge: Chambers, Filed On: March 15, 2024, Case #: 3:23cv570, NOS: Other Contract - Contract, Categories: Business Practices, Warranty, Contract
J. Armstead reverses the lower court's order granting the state tax department's motion to dismiss the non-profit tax news publisher's suit seeking to compel the department to disclose copies of current field audit manuals, audit training manuals, and training and continuing education materials under the West Virginia Freedom of Information Act. The judge erred in accepting carte blanche the department's reliance on the section of W. Va. Code prohibiting the release of documents that disclose the standards used “for the selection of [tax] returns for examination or data used or to be used for determining such standards” without first requiring it to produce a Vaughn Index "to detail why the requested information is exempt from disclosure and identify which exemption applies." Reversed.
Court: West Virginia Supreme Court Of Appeals, Judge: Armstead, Filed On: March 15, 2024, Case #: 22-491, Categories: Government, Public Record, Tax
J. McDonald finds that defendant was improperly convicted of vehicular homicide by OWI. Defendant claimed he blacked out while driving due to a medical condition rather than because he was under the influence of controlled substances. An employee of a healthcare vendor subcontracted to provide services to the county jail provided impermissible hearsay testimony regarding statements contained in a post-accident medical records when those records were not admitted into evidence. Defendant's medical condition "was a critical piece of evidence" and the hearsay testimony "was not cumulative of other evidence," so it prejudiced defendant's case. Reversed in part.
Court: Iowa Supreme Court, Judge: McDonald, Filed On: March 15, 2024, Case #: 21-1319, Categories: Evidence, Fair Trial, Vehicular Homicide
[Consolidated.] J. Lambert finds that a man was properly involuntarily committed to the Kentucky Correctional Psychiatric Center pursuant to Kentucky Revised Statutes Chapter 202C after he bludgeoned his caretaker to death in a schizophrenic episode. He was found incompetent to stand trial with no reasonable prospect for improvement and was a danger to himself and others. Affirmed.
Court: Kentucky Court Of Appeals, Judge: Lambert, Filed On: March 15, 2024, Case #: 2022-CA-1016-MR, Categories: Commitment
J. Rodriguez finds that the consulting company is liable for the judgments entered against the individual in an underlying contract suit. the defendant company was liable to pay after a contract judgment. The company was used to defeat the judgment. The company and individual have not identified any innocent stakeholders or creditors of the company that would be harmed by piercing the veil of the company.
Court: USDC Colorado, Judge: Rodriguez, Filed On: March 15, 2024, Case #: 1:20cv2722, NOS: Other Fraud - Torts - Personal Property, Categories: Fraud, Enforcement Of Judgments
J. Pedersen compels to arbitration a complaint alleging that the company penalized and later fired the employee after he requested extended leave following a heart attack. The employee had been informed of the arbitration agreement, given a link to the agreement, and provided choices to accept the agreement. The arbitration agreement covers the dispute between the parties and is not unconscionable.
Court: USDC Western District of New York, Judge: Pedersen , Filed On: March 15, 2024, Case #: 6:23cv6569, NOS: Employment - Civil Rights, Categories: Arbitration, Employment
J. Wilson finds the trial court properly rejected most claims that YouTube is liable for cryptocurrency losses suffered by victims of a scam that hijacked Steve Wozniak's channel and used faked videos of him. While the Communications Decency Act shields interactive computer services like YouTube as publishers, further proceedings are needed to determine if YouTube created its own content by providing verification badges to hijacked YouTube channels, which might put it outside the Act's immunity. Reversed.
Court: California Courts Of Appeal, Judge: Wilson, Filed On: March 15, 2024, Case #: H050042, Categories: Fraud, Unfair Competition, Technology
[Modified.] J. Richman corrects a reference to the trial court case number with no change in judgment. The trial court lacked substantial and principled reasons to deny an applicant's petition to change her name to Candi Bimbo Doll, a name she has been using for over a decade. Public policy supports name changes and the applicant's preferred name was not chosen to defraud or confuse. It does not contain fighting words, and recent cultural trends contradict the trial court's conclusion that the word "bimbo" is necessarily vulgar, derogatory or offensive. Reversed.
Court: California Courts Of Appeal, Judge: Richman, Filed On: March 15, 2024, Case #: A168463, Categories: Civil Rights
J. Wiley finds that the trial court should have suppressed the gun police found in defendant's possession during an unlawful detention. A reasonable person would not have felt free to leave after police pulled their car so close to defendant's that he could only maybe squeeze out the door, and then shined their flashlights into the car from both sides. Reversed.
Court: California Courts Of Appeal, Judge: Wiley, Filed On: March 15, 2024, Case #: B328954, Categories: Evidence, Firearms, Search
J. O'Leary finds that the lower court properly denied defendant's peremptory challenge to the judge assigned to preside over his resentencing hearing. Peremptory challenges are only available prior to adjudication, and statute requires that the same judge who sentenced a defendant, including cases resolved in plea deals, preside over resentencing.
Court: California Courts Of Appeal, Judge: O'Leary, Filed On: March 15, 2024, Case #: G062526, Categories: Murder, Sentencing, Plea
J. Cradle finds the lower court properly granted the city and its employee's motion for summary judgment on negligence claims brought by the mother of the child injured by a falling tree in a public park. All of the duties at issue in the case, including the inspection and flagging of the tree as a possible hazard, did not involve any discretion on the part of the employee, which entitled her and the city to governmental immunity. Affirmed in part.
Court: Connecticut Court Of Appeals, Judge: Cradle, Filed On: March 15, 2024, Case #: AC45807, Categories: Government, Immunity, Negligence
J. Williams denies, in part, the employer's motion for summary judgment, ruling the age discrimination claim may proceed. Although the fired employee's performance review was not completely positive, she did not receive any failing marks and was not placed on a performance improvement plan, while she was also replaced by someone nearly half her age after her termination. However, because the employee's supervisor was aware of her disability, allowed her to work from home almost exclusively and never made any remarks about the disability in the lead-up to or during termination proceedings, the disability discrimination claims fail and must be dismissed.
Court: USDC Connecticut, Judge: Williams, Filed On: March 15, 2024, Case #: 3:21cv136, NOS: Amer w/Disabilities-Employment - Civil Rights, Categories: Ada / Rehabilitation Act, Employment Discrimination
J. Barker grants, in part, the patentholder's motion for attorney fees, ruling that while its success in the levy of sanctions against the competitor entitles it to reasonable fees for the outside counsel hired to litigate the sanctions, it is not entitled to fees for the work spent in crafting its reply to the opposition motion filed by the competitor; therefore, the patentholder is awarded $43,000 in fees.
Court: USDC Northern District of Ohio, Judge: Barker, Filed On: March 15, 2024, Case #: 1:21cv662, NOS: Other Contract - Contract, Categories: Patent, Attorney Fees, Contract
J. Brimmer allows claims of race and origin discrimination to proceed in the Hispanic parking manager's complaint alleging that he was placed on leave for complaining of a pay disparity and after he allegedly recorded workplace conversations. White co-workers were not fired for the same infraction, and a white man with a lower education level was hired to replace him at a significantly higher pay rate.
Court: USDC Colorado, Judge: Brimmer, Filed On: March 15, 2024, Case #: 1:23cv409, NOS: Employment - Civil Rights, Categories: Employment Discrimination
J. Alonso partially grants motions from and Chicago and several Chicago police for summary judgment on extensive police misconduct claims brought by a man who spent almost a decade in jail for bogus drug dealing charges. The man claims the police falsely arrested him, fabricated evidence against him, suppressed evidence and conspired to ensure he went to jail, and holds Chicago responsible for fostering a toxic police culture that allowed the individual defendants to get away with their misdeeds. The court, however, dismisses the man’s false arrest, concealment of evidence, conspiracy, failure to intervene and respondeat superior claims for various reasons, ranging from claims being time-barred to lack of evidence. The man’s claim for fabrication of evidence is also dismissed as to one member of the police force, but stands for the rest of them. His indemnification claim against Chicago also stands.
Court: USDC Northern District of Illinois, Judge: Alonso, Filed On: March 15, 2024, Case #: 1:20cv5886, NOS: Insurance - Contract, Categories: Malicious Prosecution, Indemnification, Police Misconduct