269 results for 'filedAt:"2024-03-28"'.
J. Brown finds that the lower court improperly dismissed defendant's motion to suppress. The state had notice that defendant was challenging the traffic stop and his arrest. Reversed.
Court: Georgia Court of Appeals, Judge: Brown, Filed On: March 28, 2024, Case #: A24A0013, Categories: Evidence
J. Stratton finds the lower court improperly granted a special motion to strike and found in favor of a law firm in this matter of alleged breach of contract and fraud. A film company had an agreement with a capital group to help find funding for film projects, and to receive a portion of the funding. The capital group dissolved, and the principal formed another company that received funding through one of the companies that the film company found for him when he was with the previous group; an action that allegedly breached the parties original agreement. The lower court granted an anti-SLAPP motion based on the fact that the film company rooted its claims on a letter from the law firm that the lower court determined was a protected communication, but the instant court found that the letter was in response to an email sent from the film company asking for assistance in collecting a fee, not tied to any litigation, and is therefore not a protected communication. The matter is remanded with an order denying the motion. Vacated.
Court: California Courts Of Appeal, Judge: Stratton, Filed On: March 28, 2024, Case #: B323356, Categories: Business Practices, Contract
J. Chutich suspends attorney Ronald Frauenshuh Jr. from the practice of law for a minimum of 30 days as reciprocal discipline following discipline in South Dakota for failing to comply with court orders, leading to a mistrial, and continuing to engage in such misconduct during a re-trial.
Court: Minnesota Supreme Court, Judge: Chutich, Filed On: March 28, 2024, Case #: A23-1586, Categories: Attorney Discipline
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J. Aiken denies the insurance company partial summary judgment against the insureds' complaint alleging that the insurance company did not pay for covered losses such as the insulation remediation in the attic and underflooring of the insureds' home, which suffered smoke damage from wildfires in the Detroit, Oregon area. At this point, a reasonable juror could conclude that the insurance company sent an adjuster that negligently overlooked the damage in the attic and the underfloor area.
Court: USDC Oregon, Judge: Aiken, Filed On: March 28, 2024, Case #: 6:22cv1798, NOS: Insurance - Contract, Categories: Insurance, Property, Contract
J. Soud finds the trial court properly denied the citizen's motion to add a claim for punitive damages in her lawsuit against AMC over injuries she suffered when she fell and was stepped on by other patrons who were rushing out of a movie theater after an AMC employee announced that everyone had to evacuate because of a shooting in the parking lot. The citizen has not met the burden of proving AMC was grossly negligent in its training of employees and supposed failure to ensure policies that would not lead to the "panic and confusion" that caused her injuries, so there is no basis for a punitive damages claim. Affirmed.
Court: Florida Courts Of Appeal, Judge: Soud, Filed On: March 28, 2024, Case #: 22-2671, Categories: Civil Procedure, Negligence
J. Schiltz dismisses the insured's suit seeking indemnification for losses caused by a fraudulent wire transfer. The insured's loss stemmed from "social-engineering fraud," and it has failed to allege that it followed an "established and documented verification procedure" before obeying the fraudster's instructions. It therefore fell under an exclusion under the insured's policy.
Court: USDC Minnesota, Judge: Schiltz, Filed On: March 28, 2024, Case #: 0:23cv510, NOS: Insurance - Contract, Categories: Insurance, Contract
J. Mortensen finds that the lower court improperly dismissed a complaint filed by a daughter against her father after she allegedly discovered they had taken $133,000 of her settlement money from a medical malpractice suit from when she was a minor and used it to purchase a home for themselves. The lower court suspended the hearing and ordered a supplemental briefing with the understanding that there would be a hearing in the future, but it never happened, resulting in an effective dismissal. The daughter correctly argues her right to due process was violated. The matter is remanded for further consideration. Reversed.
Court: Utah Court Of Appeals, Judge: Mortensen, Filed On: March 28, 2024, Case #: 20220756-CA, Categories: Due Process, Enforcement Of Judgments
J. Barnes grants a motion to compel by an individual who was convicted of robbery and murder and found innocent 20 years later. The former inmate's requests, including for documents related to a complaint, warrant, discipline for Brady violations and policies governing the preservation of documents, are relevant.
Court: USDC Eastern District of California, Judge: Barnes, Filed On: March 28, 2024, Case #: 2:22cv350, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Discovery
J. Jackson grants the employer's motion to dismiss the employee's suit alleging that she was terminated for taking medical leave after her son was shot and that her supervisors defamed her. The employee, a pro se litigant, has failed to state any of her claims.
Court: USDC District of Columbia, Judge: Jackson, Filed On: March 28, 2024, Case #: 1:23cv2249, NOS: Family and Medical Leave Act - Labor, Categories: Employment, Defamation, Employment Discrimination
J. Contreras denies the employee's motion for summary judgment in her suit alleging that she was demoted, reassigned and ultimately terminated in retaliation for her criticisms of her employer's response to the Covid-19 pandemic in early 2020, and partially grant's the employer's summary judgment motion. The employee argues that seven protected disclosures she made led to retaliation, but has only established a prima facie case of retaliation in relation to one of these seven. The employee's First Amendment retaliation claim survives summary judgment, since the employers' relevant, legitimate interests in protecting the release of inmates' and staff's health information are minimal relative to the employee's interest in "shedding light on the deplorable conditions in the D.C. Jail and the ongoing threat to inmate and staff safety." Finally, the employee's motion to file a substantial portion of her filings under seal is granted as to 16 exhibits, but denied as to others, including some which included information designated as confidential by the employer "out of an abundance of caution."
Court: USDC District of Columbia, Judge: Contreras, Filed On: March 28, 2024, Case #: 1:20cv2944, NOS: Other Statutory Actions - Other Suits, Categories: Employment, Whistleblowers, Employment Retaliation
J. Summerhays refuses to dismiss punitive damages claims by a police officer who alleges the police chief violated his First Amendment rights by retaliating against him for warning the public about criminal activity at a Knights of Columbus Hall, managed by the chief’s personal friends. The chief placed him under investigation for a department violation when the off-duty officer used his personal Facebook page to warn the public that there would be a shooting at the local KC Hall, which in fact occurred hours later. The officer’s allegations satisfy the requirements for penalty damages.
Court: USDC Western District of Louisiana , Judge: Summerhays, Filed On: March 28, 2024, Case #: 6:20cv1063, NOS: Other Civil Rights - Civil Rights, Categories: Constitution, Damages, Police Misconduct
J. Jackson denies an offshore oilfield worker’s request for remand of his slip-n-fall some three miles off the Louisiana coast in the Gulf of Mexico. The worker unsuccessfully argues removal of his suit from state court was improperly based on federal jurisdiction over the Outer Continental Shelf lands in the Gulf of Mexico. Although he argues he was off-duty when he fell, the worker would not have been injured “but-for” his employment on the platform, where the vessel was moored and engaged in oil and gas activities in federal waters.
Court: USDC Middle District of Louisiana, Judge: Jackson, Filed On: March 28, 2024, Case #: 3:20cv00250, NOS: Other Personal Injury - Torts - Personal Injury, Categories: Maritime, Tort, Jurisdiction
J. Dick affirms a bankruptcy court ruling a “mom and pop” repair company proved its exception to the Chapter 13 protection of a homeowner, who converted a final payment of insurance proceeds for flood damage to his own use, causing substantial damage to the contractor. The contractor testified he was forced into personal debt from neck surgery after the homeowner failed to pay him. The homeowner “knowingly breached his clear contractual obligation to pay” the contractor when he kept the final check. Affirmed.
Court: USDC Middle District of Louisiana, Judge: Dick, Filed On: March 28, 2024, Case #: 3:23cv625, NOS: Bankruptcy Appeal 28 USC 158 - Bankruptcy, Categories: Bankruptcy, Construction, Damages
J. Brown finds that the lower court improperly dismissed defendant's convictions on multiple counts of aggravated assault and other charges. The state was not required to allege the Covid-19 tolling provisions in each count of the indictment. Reversed.
Court: Georgia Court of Appeals, Judge: Brown, Filed On: March 28, 2024, Case #: A24A0134, Categories: Criminal Procedure
J. Jackson finds the lower court properly convicted defendant of 13 crimes including the premeditated attempted murder of law enforcement when he went on a three-day crime spree that ended in him crashing a stolen vehicle into a busy intersection during rush hour and engaging in a shootout with law enforcement, injuring two police officers. Evidence is sufficient to support his convictions and sentence to a determinate term of 35 years 8 months and a total indeterminate term of 30 years to life. Affirmed.
Court: California Courts Of Appeal, Judge: Jackson, Filed On: March 28, 2024, Case #: A166011, Categories: Evidence, Firearms, Murder
J. Moon denies the fire safety company's motion to dismiss contract claims. After a fire started in a kitchen covered by the insurance company, the fire safety company's fire impression system did not discharge, the alarm sensor did not alert the local fire department, and the sprinklers took 45 minutes to start working. The insurance company has pled enough facts that was owed an obligation to have functioning equipment.
Court: USDC Western District of Virginia, Judge: Moon, Filed On: March 28, 2024, Case #: 6:23cv33, Categories: Insurance, Negligence, Contract
J. Horton finds the trial court properly entered a take-nothing judgment in a car collision case. The driver and passenger who were rear-ended say the court improperly imposed a "death penalty" sanction, excluding deposition testimony of their surgeon for their attorney’s failure to comply with the evidence scheduling order. The driver and passenger have not attached any part of the doctor's testimony to their motion for new trial, and the trial court properly enforced its scheduling order. The injured party was given the opportunity to develop a record sufficient to show no other evidence could tie the driver's surgery to the collision. Affirmed.
Court: Texas Courts of Appeals, Judge: Horton , Filed On: March 28, 2024, Case #: 09-22-00001-CV, Categories: Evidence, Sanctions, Vehicle
J. Fox finds the lower court erroneously denied the election commission's request to require the political advocacy group to disclose contributions and expenditures. The group's "major purpose" was the support or opposition to three ballot issues and Colorado election law does not limit the scope of the commission's inquiry to a single issue. The commission was entitled under Colorado law to consider the aggregate spending of the advocacy group, which existed entirely of the ballots issues and subjected its finances to disclosure. Reversed.
Court: Colorado Supreme Court, Judge: Fox, Filed On: March 28, 2024, Case #: 2024COA31, Categories: Elections, Evidence
J. Pellegrino finds the lower court properly granted the insurer's motion for summary judgment on property damage claims brought by the Native American casino for its closure during the Covid-19 pandemic. It made no allegations of physical property damage that would have been covered under its insurance policy, while the virus was also considered contamination excluded from coverage. Affirmed.
Court: Connecticut Court Of Appeals, Judge: Pellegrino, Filed On: March 28, 2024, Case #: AC45600, Categories: Insurance, Native Americans, Covid-19
J. Webb finds the circuit court properly found in favor of the state of Arkansas on constitutional claims filed by an involuntarily civilly committed psychiatric patient who was found to be in possession of a firearm during a traffic stop. His commitment was based on his dangerous and reckless use of a firearm. In Arkansas, only felons convicted of non-gun-related and nonviolent crimes may have their gun rights restored. Affirmed.
Court: Arkansas Supreme Court, Judge: Webb , Filed On: March 28, 2024, Case #: CV-23-349, Categories: Constitution, Health Care, Firearms
[Consolidated.] J. Moore grants the National Labor Relations Board's motion to enforce an order requiring the employer to provide back pay to two employees fired after they supported unionization efforts, ruling both employees made concerted efforts to reenter the workforce after they lost their jobs, which prevents a reduction of their damages. Affirmed.
Court: 6th Circuit, Judge: Moore, Filed On: March 28, 2024, Case #: 23-1632, Categories: Evidence, Damages, Labor / Unions
J. Gibbons finds the lower court properly denied the police officers' motion for qualified immunity on unreasonable seizure claims brought by the detained individual. Dashcam evidence of the traffic stop shows the driver most likely did not commit the infractions claimed by the officers, which would allow a reasonable juror to conclude the stop was unconstitutional. However, because one of the detainees was verbally abusive toward the officers and attempted to free his arm while turning away from one of the officers, it was objectively reasonable for the officer to take him to the ground and the lower court should have granted immunity on that excessive force claim. Affirmed in part.
Court: 6th Circuit, Judge: Gibbons, Filed On: March 28, 2024, Case #: 22-2038, Categories: Civil Rights, Evidence, Immunity
J. Bell finds the trial court improperly convicted defendant for possession of a visual depiction of sexual conduct of a person under 16. The court wrongly denied defendant's motion to suppress cell phone evidence. The warrant did not cover the search of defendant's person, and exigent circumstances did not justify the forensic search of the cell phone. Reversed.
Court: Nevada Supreme Court, Judge: Bell , Filed On: March 28, 2024, Case #: 86156, Categories: Search, Sex Offender, Child Pornography