122 results for 'filedAt:"2024-04-16"'.
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J. Starr finds that an employee who alleges that the owner of the company she worked for sexually harassed her on a daily basis and then fired her for not deleting harassing text messages he sent to her is entitled to back pay and compensatory damages in a default judgment. The employee’s pleading and the merits of her case are sufficient to meet required standards for a default judgment award. However, punitive damages are denied because, in total, with compensatory and back pay, the damages would exceed statutory limits.
Court: USDC Northern District of Texas , Judge: Starr, Filed On: April 16, 2024, Case #: 3:22cv1181, NOS: Employment - Civil Rights, Categories: Civil Procedure, Emotional Distress, Employment Discrimination
J. Veljacic finds that the lower court properly upheld a decision from Washington State's Department of Labor and Industries to implement a new "Interpreting Works Scheduling" system. The department was working under an "explicit directive" from the state legislature to implement a new system since 2018, and the department gave all the proper notice that a system change was incoming. Affirmed.
Court: Washington Court Of Appeals, Judge: Veljacic, Filed On: April 16, 2024, Case #: 58071-3-II, Categories: Administrative Law, Labor
J. Vitter finds for a two-member limited liability corporation in Louisiana, holding two Texas-based LLCs jointly liable for the outstanding balance of a $4 million loan. Although the obligation was vested to one LLC by operation of a merger, the original borrower-LLC was never released from its obligation under the promissory note. Furthermore, while the original borrower validly allocated its obligation under the promissory note to the other Texas LLC in the merger, thereby making it the primary obligor of the note under Texas law, nothing in Texas law supports that original borrowing LLC extinguished all liability via the merger.
Court: USDC Eastern District of Louisiana , Judge: Vitter, Filed On: April 16, 2024, Case #: 2:23cv1707, NOS: Other Contract - Contract, Categories: Corporations, Banking / Lending, Contract
J. Colvin finds that the trial court properly convicted defendant of murder and correctly denied defendant's motion for a new trial. Sufficient evidence was presented to support defendant's convictions, including evidence that three eyewitnesses identified defendant as one of the inmates who stabbed the victim. Defendant's counsel failed to object to statements made by the prosecutor in closing arguments telling the jury that it needed to assess the guilt of defendant's co-indictees and saying there is no evidence exonerating defendant. Defendant's claims based on the alleged error are therefore not preserved for appellate review. Defendant failed to show that he was prejudiced by his trial counsel's allegedly deficient performance. Affirmed.
Court: Georgia Supreme Court, Judge: Colvin, Filed On: April 16, 2024, Case #: S24A0117, Categories: Ineffective Assistance, Murder
J. Menendez grants the fringe benefit plan trustees' motion for default judgment and an injunction against the employer in their case alleging failures to make fringe benefit contributions and reports required under collective bargaining agreements. The facts alleged in the trustees' complaint, accepted as true, provide a basis for a breach of contract action, and given the employer's nonresponse to the complaint, it is liable for delinquent contributions, interest and liquidated damages. It is also ordered to submit contribution reports or payroll books and records.
Court: USDC Minnesota, Judge: Menendez, Filed On: April 16, 2024, Case #: 0:23cv1273, NOS: Employee Retirement Income Security Act (ERISA) - Labor, Categories: Erisa, Labor
J. Thomas vacates a conviction by jury trial for two counts of assaulting a federal officer resulting in bodily injury The district court abused its discretion in excluding the sworn statement of a government attorney as hearsay.
Court: 9th Circuit, Judge: Thomas, Filed On: April 16, 2024, Case #: 22-50217, Categories: Assault
J. Arterburn finds the trial court properly convicted defendant for operating a motor vehicle during revocation. Though defendant was observed in the driver's seat before the traffic stop, upon making contact officers found him lying down between seats, with a woman driving. Though defendant argues the woman's testimony was consistent with his claim he was never driving, jurors found the officers' testimony more credible, and credibility findings will not be reviewed. Affirmed in part.
Court: Nebraska Court Of Appeals, Judge: Arterburn , Filed On: April 16, 2024, Case #: A-23-435, Categories: Evidence, Sentencing, Vehicle
J. Welch finds the district court properly granted the mother's complaint for modification of child custody and her request to remove the child from Nebraska to Wyoming. Testimony at trial, including from a mental health substance abuse counselor and the child's preschool teacher and daycare director, shows a material change in circumstances related to the father's escalated drinking following the entry of the divorce decree. The short distance of the move and the court’s award of parenting time provides a reasonable visitation schedule for fostering a meaningful relationship between the father and child. Affirmed.
Court: Nebraska Court Of Appeals, Judge: Welch , Filed On: April 16, 2024, Case #: A-23-571, Categories: Evidence, Family Law, Guardianship
J. Pirtle finds the trial court properly convicted defendant for attempted kidnapping and first-degree sexual assault and sentenced him to 70 to 90 years imprisonment. Evidence shows defendant, a drug smuggler, lured the victims who he says stole his drugs to a welding shop by offering to sell them cocaine. He handcuffed the male victim, welding the cuffs to a table, and proceeded to torture him, hot-iron branding him with the word "thief" and forcing him to take 100 doses of LSD. He also sexually assaulted the female victim. All evidence supports the convictions, and the record refutes defendant's claims of ineffective assistance. Affirmed.
Court: Nebraska Court Of Appeals, Judge: Pirtle , Filed On: April 16, 2024, Case #: A-23-780, Categories: Sex Offender, Kidnapping, Mayhem
Per curiam, the Supreme Court of Ohio finds the lower court properly dismissed the mother's petition for a writ of mandamus in a child custody case. The motions cited in her initial filing had either been ruled on by the judge in her custody case or were not motions that required a response; therefore, her claims are moot. Affirmed.
Court: Ohio Supreme Court, Judge: Per curiam, Filed On: April 16, 2024, Case #: 2024-Ohio-1387, Categories: Civil Procedure, Family Law
J. Papillion grants a New York resident’s request for an emergency temporary restraining order against a man she met online, barring him from spending a total of $380,000 she transferred into his private cryptocurrency wallet after he fraudulently represented he was using various websites allegedly owned and operated by Coinbase. She has met all four criteria for the order, which is necessary to prevent the transfer of the New Yorker’s allegedly stolen assets into unidentifiable digital wallets.
Court: USDC Eastern District of Louisiana , Judge: Papillion, Filed On: April 16, 2024, Case #: 2:24cv480, NOS: Other Fraud - Torts - Personal Property, Categories: Fraud, Restraining Order, Conversion
J. Batchelder finds the lower court properly dismissed the inmate's habeas petition as untimely. Although his "new evidence," including a report on coerced confessions and an eyewitness recantation, impeaches the state's evidence against him, it does not prove he is actually innocent of the murder for which he was convicted and cannot be used to circumvent the one-year statute of limitations. Although the evidence could be enough to make a member of a hypothetical jury find the inmate not guilty, that is not the standard that governs habeas petitions, and because the witness who recanted his statement has already changed his story at least three times, the most recent version is unreliable and insufficient to prove actual innocence. Affirmed.
Court: 6th Circuit, Judge: Batchelder, Filed On: April 16, 2024, Case #: 21-2968, Categories: Criminal Procedure, Habeas, Murder
J. Bogardus finds the lower court erroneously denied the New Mexico Racing Commission's motion for summary judgment on the grounds of quasi-judicial immunity. It is a governmental body that acted in a prosecutorial manner during disciplinary proceedings with the horse trainer. Although the trainer claims the proceedings were initiated maliciously in response to statements made against commissioners, nothing in the proceedings was outside the scope of authority granted to the commission. Reversed.
Court: New Mexico Court of Appeals, Judge: Bogardus, Filed On: April 16, 2024, Case #: A-1-CA-41120, Categories: Licensing, Immunity
J. Stevens upholds a trial court judgment denying the appeal of a convicted felon whose eight-year suspended sentence for illegal possession of a firearm was revoked. Defense counsel found no genuine issues to justify an appeal, and, upon review of the record, no reversible error exists. Affirmed.
Court: Texas Court of Criminal Appeals, Judge: Stevens, Filed On: April 16, 2024, Case #: 06-23-157-CR, Categories: Firearms, Sentencing, Restitution
J. Stevens reverses and remands a trial court's order denying a non-citizen's claim of selective prosecution under the Texas Equal Rights Amendment. The defendant was arrested for criminal trespass on a railroad, a misdemeanor, pursuant to Governor Greg Abbott’s disaster proclamation in 34 counties to prevent the “ongoing surge” of illegal migrants from Mexico. The court of appeals is constrained to rule under another district's precedent, which found the state failed to show its prosecution of male, but not female, immigrants served a governmental interest in border protection. Reversed.
Court: Texas Court of Criminal Appeals, Judge: Stevens, Filed On: April 16, 2024, Case #: 06-24-39-CR, Categories: Constitution, Immigration, Trespass
J. Morgan denies a request by an Illinois-based insurer to compel arbitration of a dispute with a New Orleans-based law firm for its defense and indemnity from a lawsuit in the state of California. That the underlying litigation is in California is an insufficient reason to trigger the application of California law. Louisiana’s policy interests would be most seriously impaired if its law were not applied.
Court: USDC Eastern District of Louisiana , Judge: Morgan, Filed On: April 16, 2024, Case #: 2:23cv6235, NOS: Insurance - Contract, Categories: Arbitration, Choice Of Law
J. Gustafson finds that the trial court improperly excluded an expert from testifying in support of an individual accused of tortious assault and battery. The individual disclosed the expert more than a year before trial and the trial court twice denied motions to bar the expert. But the trial court changed course on the second day of trial, leaving the individual at a disadvantage since his defense had been built on the expert's anticipated testimony about the justifiable use of force. Reversed.
Court: Montana Supreme Court, Judge: Gustafson, Filed On: April 16, 2024, Case #: DA 23-0200, Categories: Experts, Assault
J. Petrou finds that the juvenile court properly denied a motion to seal juvenile records. The dismissal of juvenile court petitions after the juvenile's wardship ended did not obligate the juvenile court to seal his records since the underlying adjudications for forcible lewd conduct are ineligible for sealing under statute. Affirmed.
Court: California Courts Of Appeal, Judge: Petrou, Filed On: April 16, 2024, Case #: A168282, Categories: Juvenile Law, Sex Offender
J. Waples finds that the trial court's $5,000 bond was improperly imposed as a condition of the defendant’s release after he had made direct threats to kill witnesses and police. He was originally given a $130 cash bail or surety. The bond is struck because he has a record of appearing before the court and lacks financial resources; the matter is remanded to reset bond at a reasonable amount. Reversed.
Court: Vermont Supreme Court, Judge: Waples, Filed On: April 16, 2024, Case #: 24-AP-090, Categories: Criminal Procedure, Assault, Bail