174 results for 'filedAt:"2024-03-21"'.
J. Wood finds that the immigration board properly denied the Honduran immigrants' application for asylum on the basis that they had been persecuted by extortionists in Honduras. The board found no evidence that the extortionists targeted the immigrant because she is a female business owner, and determined that she could avoid future harm by relocating within Honduras. Affirmed.
Court: 7th Circuit, Judge: Wood, Filed On: March 21, 2024, Case #: 22-3035, Categories: Immigration
J. Miskel finds that the lower court properly granted the bank's summary judgment motions in this suit asserting breach of guaranty claims. The appellant failed to preserve his argument regarding the bank's claims against him, and the lower court did not err in granting judgment for the bank on his counterclaims. Affirmed.
Court: Texas Courts of Appeals, Judge: Miskel, Filed On: March 21, 2024, Case #: 05-22-00160-CV, Categories: Banking / Lending, Contract
J. Deahl upholds the lower court's dismissal of a the district's rental-related discrimination action against a landlord after the district voluntarily moved to dismiss when it discovered the landlord's posting of "no vouchers" within his listing was not discriminatory, as the rental was not voucher-eligible. The landlord fails to show the district acted in bad faith when it sued him. Affirmed.
Court: DC Court of Appeals, Judge: Deahl, Filed On: March 21, 2024, Case #: 22-CV-0316 , Categories: Civil Rights, Landlord Tenant
J. Silva finds that the lower court properly denied the appellant funeral home's motion to compel arbitration of the family members' negligence claims stemming from the appellant's handling of the decedent's remains. The funeral home contends that the decedent's sister signed a funeral services agreement that contained a valid arbitration clause and also argues that the appellees "were bound by this agreement" under the doctrine of direct-benefits estoppel. However, the court concludes that the claims at issue are "outside the scope of the agreement." Affirmed.
Court: Texas Courts of Appeals, Judge: Silva, Filed On: March 21, 2024, Case #: 13-23-00297-CV, Categories: Arbitration, Negligence, Contract
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J. Bell affirms the lower court’s decision that a machinery producer has plausible evidence that a powder coat and finishing company committed fraud, among other things, when it created two similar companies and fraudulently transferred the producer’s money between them.
Court: USDC Western District of North Carolina, Judge: Bell, Filed On: March 21, 2024, Case #: 5:23cv59, NOS: Other Contract - Contract, Categories: Fraud, Fiduciary Duty, Contract
J. Estudillo dismisses a complaint alleging that the biotech company laid off the employee, who was 63 years old at the time, after he suffered a workplace injury and returned from leave with light duty restrictions. The employee does not present any facts showing a causal link between his Washington Department of Labor and Industries workers' compensation claim and his termination, nor does he present enough facts showing that the biotech company wanted to fire him because of his age.
Court: USDC Western District of Washington, Judge: Estudillo, Filed On: March 21, 2024, Case #: 3:23cv5863, NOS: Amer w/Disabilities-Employment - Civil Rights, Categories: Employment, Employment Discrimination
J. Young denies the tenant's motion to dismiss the breach of contract claims. The tenant, leasing a warehouse, hired a company to repave the floor. The pavement company cut corners and produced a floor full of cracks. The contract claims can proceed because the landlords showed that any alterations to the property required preapproval.
Court: USDC Eastern District of Virginia, Judge: Young, Filed On: March 21, 2024, Case #: 3:23cv479, NOS: Other Contract - Contract, Categories: Construction, Landlord Tenant, Contract
J. Cadish finds the district court, in its divorce decree, improperly determined the husband's law firm, established prior to the marriage, was entirely community property. Uncontested evidence shows the firm was a continuation of the original separate property law practice and the presumption of community property does not apply. The court's refusal to award alimony, though, is based on the erroneous community property determination. Reversed in part.
Court: Nevada Supreme Court, Judge: Cadish , Filed On: March 21, 2024, Case #: 84998, Categories: Family Law, Property, Contract
J. Schiltz partially grants the employer and its benefits committees' motion to dismiss the employees' putative class action alleging mismanagement of a 401(k) plan. A claim for breach of the duty of prudence with respect to managed-account-service fees and a derivative claim for breach of the duty to monitor are dismissed, since the employees have not made sufficient allegations about the plans they seek to compare the employer's plan to. The motion to dismiss is otherwise denied, since the employees have adequately pleaded that the employer and its committees breached the duty of prudence by incurring excessive recordkeeping and administrative fees.
Court: USDC Minnesota, Judge: Schiltz, Filed On: March 21, 2024, Case #: 0:23cv26, NOS: Employee Retirement Income Security Act (ERISA) - Labor, Categories: Erisa, Fiduciary Duty
J. Cadish finds the county court improperly excluded evidence in its determination of the value of land taken for a power line easement. The court improperly excluded the owner and its expert's opinion of value and evidence of what the Nevada Department of Transportation paid to the previous landowner for a similar taking from the same parcel. The opinions were not solely based on evidence the court deemed inadmissible but also on market values and general knowledge of commercial real estate and multifamily-home land values in Las Vegas. Reversed.
Court: Nevada Supreme Court, Judge: Cadish , Filed On: March 21, 2024, Case #: 84692, Categories: Evidence, Property
J. Jordan finds that the lower court properly convicted three sisters on charges arising from shooting the father of one of the sisters’ daughters, in a case arising from a custody dispute Evidence is sufficient to support the convictions. Affirmed.
Court: 11th Circuit, Judge: Jordan, Filed On: March 21, 2024, Case #: 22-11159, Categories: Domestic Violence
J. Graham finds the circuit court improperly denied the water distribution business' motion for judgment on the pleadings in the bottle water supplier's lawsuit alleging false representations and warranties about assets the supplier purchased from the business, including delivery trucks that were not road-worthy, non-functioning water coolers and a candy business that was no longer operational. The parties' asset purchase agreement has a survival clause with a one-year statute of limitations that blocks the supplier's breach of contract and breach of warranty claims, and the supplier's tortious misrepresentation claims are barred by Wisconsin's economic loss doctrine. The case is remanded for the circuit court to dismiss the supplier's complaint. Reversed.
Court: Wisconsin Court of Appeals, Judge: Graham, Filed On: March 21, 2024, Case #: 2023AP000778, Categories: Warranty, Contract
J. Taylor finds the circuit court properly denied the doctor's motions to dismiss and for summary judgment in the patient's lawsuit alleging the doctor failed to inform the patient about her recommendation to the patient's surgeon that the patient's ovaries be removed during surgery to remove part of her colon as treatment for endometriosis. The doctor's argument that she had no duty to inform the patient regarding the removal of her ovaries because she was not the surgeon who actually removed them is not enough to overcome the patient's sufficiently pleaded duty-to-inform claim, and the doctor has not made a facial case for summary judgment in terms of whether her negligence was a cause of the patient's injuries. Affirmed.
Court: Wisconsin Court of Appeals, Judge: Taylor, Filed On: March 21, 2024, Case #: 2023AP000255, Categories: Negligence, Medical Malpractice
J. Shin vacates the dismissal of a conservator’s petition to probate the decedent’s will, which the conservator but not the decedent signed, based on a misunderstanding of relevant statutes. While the conservator made an error, it would not be consistent with the purpose of relevant statutes to allow this error, made in good faith, to override the decedent’s intent — which is still reflected in the will despite its lack of the decedent’s signature. Reversed.
Court: Massachusetts Court Of Appeals, Judge: Shin, Filed On: March 21, 2024, Case #: 22-P-210, Categories: Wills / Probate, Guardianship
J. Hall partially overrules the county's objection to the magistrate judge's order and finds that the amended civil rights complaint brought by Ahmaud Arbery's mother is the operative pleading in the case except for a deliberate indifference claim, which is struck. The majority of the mother's amendments serve to bolster her already existing claims and are based on facts which were not available to her when she initiated the action. However, the mother improperly delayed in bringing her deliberate indifference claim against the police officer since his name was mentioned in at least one news article and she should have known she had a potential claim against him. The police chief's renewed motion to dismiss is granted.
Court: USDC Southern District of Georgia, Judge: Hall, Filed On: March 21, 2024, Case #: 2:21cv20, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights
J. Robie finds that the trial court properly denied a funeral home's petition to exclude money paid for funeral merchandise from a statutory requirement to hold that money in trust. The exception does not apply because the funeral home did not deliver the merchandise. Affirmed.
Court: California Courts Of Appeal, Judge: Robie, Filed On: March 21, 2024, Case #: C098037, Categories: Contract
J. Bevan, in answer to a question certified from the U.S. District Court, holds that wage discrimination claims under the Human Rights Act begin to accrue when an employer makes a pay-setting decision and informs the employee. Wage discrimination claims under the Equal Pay Act begin to accrue when the employee receives each discriminatory paycheck.
Court: Idaho Supreme Court, Judge: Bevan, Filed On: March 21, 2024, Case #: 50703, Categories: Employment
J. Gibbons finds a federal court in Ohio properly dismissed a former OG/GYN student’s lawsuit against the Wright State University medical school, which dismissed her from the program — resulting in her firing from a hospital residency — after her “unprofessional behavior” resulted in “a long series of complaints.” Neither her contract nor her due process rights were violated when she was dismissed. Affirmed.
Court: 6th Circuit, Judge: Gibbons, Filed On: March 21, 2024, Case #: 23-3475, Categories: Education, Health Care
J. Somers upholds the bankruptcy court's refusal to allow a bank to extend a deadline to file a witness and exhibit list to support its claim a debt was non-dischargeable. The bank's previous attorney, believing the parties would settle, failed to meet the deadline to file for the list, and the neglect was not excusable. Affirmed.
Court: 10th Circuit, Judge: Somers, Filed On: March 21, 2024, Case #: WO-23-017, Categories: Bankruptcy, Civil Procedure
Per curiam, the Massachusetts Court of Appeals supports upholding a cease-and-desist against a homeowner running a reptile breeding facility in his home, in which he breeds bearded dragons, turtles and insects intended to be the reptiles’ food. These animals are not agricultural, bearded dragons are not customary pets, and even if turtles are customary pets, keeping 60 in a basement is not customary. Affirmed.
Court: Massachusetts Court Of Appeals, Judge: Per curiam, Filed On: March 21, 2024, Case #: 23-P-332, Categories: Municipal Law, Zoning, Injunction
J. Totenberg denies the officials' motion to dismiss the couple's mandamus action alleging that the officials unreasonably delayed adjudicating the immigrant husband's I-601A provisional unlawful presence waiver application. The couple seeks to compel the officials to adjudicate the application, which has been pending for more than two years. The waiver provision of the Immigration and Nationality Act does not strip the instant court of jurisdiction to review the couple's unreasonable delay claim because the provision precludes judicial review of actions, not inaction.
Court: USDC Northern District of Georgia, Judge: Totenberg, Filed On: March 21, 2024, Case #: 1:23cv1478, NOS: Other Immigration Actions - Immigration, Categories: Immigration
[Consolidated.] J. Rovner finds that the lower court properly ordered defendant to pay $1.2 million in restitution for her role in a scheme to file hundreds of fraudulent tax returns. The evidence supports the calculation of the restitution figure and does not support characterizing some of the false returns as part of a separate scheme. Affirmed.
Court: 7th Circuit, Judge: Rovner, Filed On: March 21, 2024, Case #: 22-1360, Categories: Fraud, Restitution, Tax
J. Hawthorne finds that Colorado’s Taxpayer’s Bill of Rights requires water conservancy districts to get approval from the voters before it may increase its mill levy under the Water Conservancy Act. The lower court must revise its opinion and find in favor of the property owners that sued a conservancy district over its decision to increase the mill levy from 0.5 mill to 1.0 mill. Reversed.
Court: Colorado Court Of Appeals, Judge: Hawthorne, Filed On: March 21, 2024, Case #: 2024COA28, Categories: Tax, Water