170 results for 'filedAt:"2024-04-17"'.
J. Robb finds the trial court erroneously granted the homebuilder's motion for summary judgment on the contract claim filed by the homeowners related to the parties' construction contract. It failed to conduct an analysis of the owners' argument the builder was not entitled to further draws on their loan because it failed to complete certain trim work required under the agreement. Therefore, the case must be remanded to allow for a factual analysis to determine if the builder breached the construction contract, which would have allowed the owners to withhold payment. Reversed in part.
Court: Ohio Court Of Appeals, Judge: Robb, Filed On: April 17, 2024, Case #: 2024-Ohio-1464, Categories: Construction, Consumer Law, Contract
J. Neubauer finds the lower court improperly found that an insurance policy did not cover the property owners’ claimed damages. Property owners of condominium units filed a complaint against an insurance company for damages to their units due to neglected repairs in common areas of the community. The lower court found the damages were the result of the condominium community’s repair decisions, and not an accident or single unforeseeable incident. The instant court finds water intrusion as a result of the repair decisions constitutes an occurrence, as steps were taken to address the underlying issues, and damage to the units was not anticipated. The court also finds the owners are not considered insureds, and are not subject to exclusions prohibiting their claims. The matter is remanded for further consideration. Reversed in part.
Court: Wisconsin Court of Appeals, Judge: Neubauer, Filed On: April 17, 2024, Case #: 2023AP1011, Categories: Insurance, Real Estate, Damages
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J. Gundrum finds the lower court properly terminated the parental rights of a father to his minor daughter for failure to assume parental responsibility and that it is in the best interest of the child. The daughter was placed in care outside of parental custody when she was only months old and has remained so; she was four-years-old at the time of the termination hearing. The lower court found the father failed to complete parental plan requirements for the child to be returned to his custody, and that termination of his parental rights is in the child’s best interest. The instant court finds no abuse of discretion in the lower court’s decision. Affirmed.
Court: Wisconsin Court of Appeals, Judge: Gundrum, Filed On: April 17, 2024, Case #: 2024AP81, Categories: Family Law
J. Duncan finds the bankruptcy court improperly found the borrower's debt to be dischargeable. The court found certain limiting language in the applicable code means that listed non-dischargeability exceptions apply only to an individual debtor and not to an LLC. However, Fourth Circuit precedent shows the bankruptcy code subchapter at issue is a compromise that allows small business debtors certain specific benefits while still subjecting them to dischargeability exceptions also applicable to individual debtors. Reversed.
Court: 5th Circuit, Judge: Duncan , Filed On: April 17, 2024, Case #: 23-50237, Categories: Bankruptcy, Banking / Lending
J. Barrett finds the circuit court properly granted the hospital's motion to dismiss the medical malpractice suit. The patient argues her attorneys did not engage in unauthorized practice of law, saying the Michigan attorneys (not licensed in Arkansas) tolled the limitations period when they served the notice of intention to file. The notice was correctly found to be a nullity because the attorneys were engaged in unauthorized practice of law. The notice was also correctly found to be deficient. Furthermore, the action was filed beyond the two-year medical malpractice limitations period. Affirmed.
Court: Arkansas Court Of Appeals, Judge: Barrett , Filed On: April 17, 2024, Case #: CV-23-143, Categories: Licensing, Due Process, Medical Malpractice
J. Tallman finds that the district court properly denied a motion to suppress evidence after a California parolee was arrested and charged with possession with intent to distribute fentanyl, fluorofentanyl and cocaine. The California Highway Patrol did not violate the Fourth Amendment in their search of defendant's cell phone during a traffic stop, made possible by the officers’ forced use of his thumb to unlock the device. Affirmed.
Court: 9th Circuit, Judge: Tallman, Filed On: April 17, 2024, Case #: 22-50262, Categories: Drug Offender, Search
J. Hanes finds the bankruptcy court properly denied an exemption to the debtor's home - owned jointly with his wife as tenants by the entirety - from the bankruptcy estate to the extent of his outstanding tax debt to the Internal Revenue Service. Property owned as a tenancy by the entirety may not be exempted from an individual debtor’s bankruptcy estate. Affirmed.
Court: 4th Circuit, Judge: Hanes, Filed On: April 17, 2024, Case #: 22-1964, Categories: Bankruptcy, Property
J. Moon grants the landlord's motion to dismiss negligence claims. A tenant suffering from multiple disabilities, including bipolar disorder, severe PTSD, depression, anxiety, and a cracked skull, acquired two service dogs that reduce the effects of her disabilities. The landlord told the tenant she could not have dogs resembling pit bulls, but she did not get rid of them because she needed them to manage her disability; they were not pit bulls, and her neighbors were not abiding by a “no pets” policy. Actionable negligence requires that there must be a legal duty, a breach of that duty and resulting injury that could have been reasonably foreseen by the exercise of reasonable care and under Virginia law, tort claims cannot be rooted in violation of a contractual duty.
Court: USDC Western District of Virginia, Judge: Moon , Filed On: April 17, 2024, Case #: 3:24cv6, Categories: Landlord Tenant, Tort, Negligence
J. Theofanis finds that the trial court properly and improperly ruled in an unjust enrichment case filed by the surviving family members of a deceased relative against the son of the deceased. A jury found the son had wrongfully transferred funds that would have gone to the family members to himself. While the court was right to render a take-nothing judgment on the son's counterclaims, the claim of unjust enrichment made by the family members was barred by limitations and should have resulted in them being awarded a take-nothing judgment as well. Affirmed in part.
Court: Texas Courts of Appeals, Judge: Theofanis, Filed On: April 17, 2024, Case #: 03-23-00129-CV, Categories: Wills / Probate, Fiduciary Duty
J. Herman vacates the trial court's denial of the Department of Public Safety's motion for summary judgment on an inmate's claim that he was detained beyond his legal sentence after he pleaded guilty. In this case, an offender’s claim regarding the computation of good time credit must be addressed through the Corrections Administrative Remedy Procedure. Without a ruling through the Corrections Administrative Remedy Procedure, damages for the inmate’s claims of wrongful detention cannot be assessed. Vacated.
Court: Louisiana Court Of Appeal, Judge: Herman, Filed On: April 17, 2024, Case #: 2023-C-0786, Categories: Civil Rights
J. Doty partially grants the wire service's motion to dismiss the oil and gas company founder's suit alleging that a story the wire service published incorrectly implied that he had been convicted of criminal activity rather than saying that he had been held civilly liable. It would be premature to determine on the current record whether the founder is a limited-purpose public figure, but he has nevertheless plausibly alleged actual malice. He has adequately pleaded defamation, defamation per se and defamation by implication, but has abandoned an intentional infliction of emotional distress claim.
Court: USDC Minnesota, Judge: Doty, Filed On: April 17, 2024, Case #: 0:23cv2983, NOS: Assault, Libel, & Slander - Torts - Personal Injury, Categories: Defamation, Emotional Distress
J. Boasberg denies the apartment manager's motion for judgment on the pleadings in the driver's suit alleging that its privately hired "special police officers" improperly assaulted him and pepper sprayed him while he was handcuffed, threatening to take his children away before determining that they did not have authority to make traffic stops or probable cause to arrest him. The driver's first amended complaint does not "necessarily rely" on the existence of a contract between it and its security contractor, and therefore the contract was not incorporated by reference into the complaint and need not be considered at this time. He has adequately argued vicarious liability for the purposes of this motion, though he may not for a summary judgment motion. A motion to amend is granted as to certain clarifying amendments, but the driver is not granted leave to add new entities as defendants. He may add certain additional claims against the security contractor.
Court: USDC District of Columbia, Judge: Boasberg, Filed On: April 17, 2024, Case #: 1:22cv3098, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Tort, Premises Liability
J. Gremillion finds that defendant was properly convicted for the second-degree murder of his wife. Defendant claims that the trial court should have allowed him to present his defense that he was too intoxicated to form specific intent when he fatally shot his wife, but nothing on record shows that the trial court limited his intoxication defense, and his stepdaughters consistently testified that defendant and his wife fought before she died. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Gremillion, Filed On: April 17, 2024, Case #: KA-23-614, Categories: Evidence, Murder
Per curium, at issue in this insurance dispute is the amount of the attorney fees awarded to the insureds. The insurance company claims the awarded amount is unreasonable, arguing the rates and number of hours billed by the insureds is excessive. The instant court finds the matter should be remanded to the lower court for further consideration. Reversed.
Court: Florida Courts Of Appeal, Judge: Per curiam, Filed On: April 17, 2024, Case #: 3D23-0940, Categories: Insurance, Attorney Fees, Contract
J. Fernandez finds the lower court properly granted a bank’s motion for surplus funds. Homeowners appeal the lower court’s decision granting a bank the distribution of funds that originated as an overage from the foreclosure sale of the homeowners’ property. The lower court found the bank’s lien took priority over the homeowner’s rights and granted the bank’s request for distribution. The instant court finds no error in the lower court’s decision. Affirmed.
Court: Florida Courts Of Appeal, Judge: Fernandez, Filed On: April 17, 2024, Case #: 3D23-600, Categories: Real Estate, Banking / Lending, Foreclosure
J. Jackson-Akiwumi finds that the lower court properly found for the college, ruling it did not discriminate against the employee when it fired her after nearly 20 decades of employment. The employee fails to show a causal link between her filing of a petition with the Illinois Department of Human Rights and her termination, as the record supports the college's claim that it fired her after becoming increasingly dissatisfied with her performance. Affirmed.
Court: 7th Circuit, Judge: Jackson-Akiwumi, Filed On: April 17, 2024, Case #: 22-2516, Categories: Education, Employment Discrimination
J. Robinson denies a civilian's motion to stay proceedings pending the outcome of a decision from a Supreme Court concerning claims of viewpoint-discrimination against a county commission. The county commissioners sufficiently showed in court that the civilian, who referred to them as "child abusing motherfuckers," is not entitled to relief based on qualified immunity.
Court: USDC Kansas, Judge: Robinson, Filed On: April 17, 2024, Case #: 5:24cv4005, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Constitution, Equal Protection
J. Komitee partially adopts a magistrate judge’s order and preserves for the most part an employment discrimination complaint filed against the United States Postal Service. The court dismisses the employee’s race or national origin discrimination claim with leave to amend. The court however rejects the order’s conclusion that the postal service had a legitimate reason for issuing adverse employment actions against the employee, finding the decision was based on evidence outside the pleadings.
Court: USDC Eastern District of New York, Judge: Komitee, Filed On: April 17, 2024, Case #: 2:20cv1146, NOS: Amer w/Disabilities-Employment - Civil Rights, Categories: Employment Discrimination
J. Kahn preserves a high school student’s equal protection claim against his school’s varsity baseball coach, who allegedly denied him a spot on the team on the basis that he is biracial. The litigant, in an attempt to establish an inference of discrimination, proffered a selection of white players who were selected for the team despite lower athletic scores, but the court is unable to conclude whether those players are sufficiently comparable and leaves that question to a jury. The court dismisses the district’s superintendent and athletics director from the case, finding they were not personally involved in the decision not to select him for the team.
Court: USDC Northern District of New York, Judge: Kahn, Filed On: April 17, 2024, Case #: 1:22cv756, NOS: Education - Civil Rights, Categories: Civil Rights, Education, Equal Protection
J. Brown finds that the trial court properly convicted defendant of aggravated assault and battery involving family violence, cruelty to children in the first degree and other offenses. The jury was authorized to find that defendant's act in putting a burning notebook on his girlfriend's leg was likely to cause serious injury. Defendant's conduct in trying to hang himself in the presence of a child was sufficient to support his conviction for first degree cruelty to children. However, the evidence was insufficient to support defendant's conviction for cruelty to children in the third degree because the state failed to show that the child saw or heard defendant put the burning notebook on her mother's leg. Reversed in part.
Court: Georgia Court of Appeals, Judge: Brown, Filed On: April 17, 2024, Case #: A24A0548, Categories: Battery, Domestic Violence, Child Victims
J. Fitzwater finds that a tobacco store did not breach its lease for advertising CBD and other products because they are legal and commonly found in tobacco stores. But the store did breach its lease for selling bongs and pipes which are specifically prohibited in the terms of the contract. Summary judgment is granted to the tobacco store on the CBD claims, as well as to the property owner on the bong and pipe claims. The court grants the tobacco store leave to file an opposition response to summary judgment granted to the owner.
Court: USDC Northern District of Texas , Judge: Fitzwater, Filed On: April 17, 2024, Case #: 3:23cv781, NOS: Other Contract - Contract, Categories: Property, Contract