159 results for 'filedAt:"2024-04-18"'.
J. Leland finds the lower court properly granted family services' motion for permanent custody of the child. Although the father has a strong bond with the child, he repeatedly failed to enter drug rehab or attend counseling services as part of his case plan, which prevented him from correcting the issues that led to the initial removal. Affirmed.
Court: Ohio Court Of Appeals, Judge: Leland, Filed On: April 18, 2024, Case #: 2024-Ohio-1488, Categories: Evidence, Family Law
J. Rowland finds the trial court properly convicted defendant for two counts of murder, sentencing him to death. Defendant became the prime suspect after a bank employee notified police of a series of transactions on the victim's debit card after her and her young son's deaths at their home. Defendant was identified by ATM photos and the testimony of the victim's sister, as well as testimony of multiple witnesses of preceding events. Even if the "knowingly creating a great risk of death" aggravator is invalid on certain counts, the remaining valid aggravating factor outweighs mitigating evidence and supports the sentence. The jury's finding the murder was especially heinous or cruel, as well as defendant's high risk for reoffending, is well supported. Affirmed.
Court: Oklahoma Courts Of Appeal, Judge: Rowland , Filed On: April 18, 2024, Case #: D-2019-542, Categories: Death Penalty, Murder, Sentencing
J. Lee finds the district court improperly determined the manager of the LLC was the alter ego of the company, holding him personally liable for slip and fall injuries sustained on company property. The alter ego analysis requires the court make specific findings as to influence and governance, unity of interest and ownership between the alleged alter ego and the company, and whether adherence to the idea of separate entities would sanction fraud or promote injustice. The court's findings as to these factors are not supported by substantial evidence. Reversed.
Court: Nevada Supreme Court, Judge: Lee , Filed On: April 18, 2024, Case #: 84800, Categories: Business Expectancy, Premises Liability
J. Stiglich finds the district court improperly granted injunctive relief preventing the Secretary of State from placing an initiative petition on the ballot. The reproductive rights advocacy group's initiative petition would grant individuals the right to make all their own decisions regarding a pregnancy. An opposing group asserted the initiative violated the single-subject requirement, as it considered medical procedures unrelated to pregnancy or abortion. The petition has a single subject of establishing a fundamental right to reproductive freedom. All the provisions are germane or functionally related to that subject. Reversed.
Court: Nevada Supreme Court, Judge: Stiglich , Filed On: April 18, 2024, Case #: 87681, Categories: Administrative Law, Elections, Health Care
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Per curiam, the court of appeals finds that the appellate division improperly dismissed medical malpractice claims brought after a month-old infant died at a clinic following treatment for flu-like symptoms because triable issues of fact exist concerning placement of the endotracheal tube. Reversed.
Court: New York Court Of Appeals, Judge: Per curiam, Filed On: April 18, 2024, Case #: 70 SSM 2, Categories: Medical Malpractice
Per curiam, the court of appeals accepts certification of the circuit's question concerning whether the six-month waiting period that precedes the two-year window for filing claims for past sexual abuse under the state's Child Victims Act created a statute of limitations, a condition precedent to bringing suit, or some other affirmative defense.
Court: New York Court Of Appeals, Judge: Per curiam, Filed On: April 18, 2024, Case #: 71, Categories: Civil Procedure, Negligence
Per curiam, the appellate division finds that the decision to stay an investigation into the conduct of attorney Randel Scharf should be vacated. Scharf was suspended in September 2023 until further order, but the Otsego County Bar Association was named limited custodian of his client files when the investigation was stayed. The bar group subsequently provided status reports to the court, which lifted the stay on its own motion after deliberations.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: April 18, 2024, Case #: PM-67-24, Categories: Civil Procedure, Attorney Discipline
J. Reynolds Fitzgerald finds that the lower court properly declined to dismiss claims brought against the owner of a ski resort after a teenager sustained injury on a black-diamond trail, which she chose to use when easier trails were closed. The resort cited the doctrine of assumption of risk, but questions of fact remain unresolved as to which trails had been open, which may have unreasonably enhanced risk. Affirmed.
Court: New York Appellate Divisions, Judge: Reynolds Fitzgerald, Filed On: April 18, 2024, Case #: CV-23-1379, Categories: Negligence
J. Lasnik approves the settlement agreement for the insured's class action accusing the health insurance company of improperly excluding all benefits for treatment of hearing loss, except for cochlear implants. The agreement came from arms-length bargaining after sufficient discovery and other litigation activity, and though the insureds believe that their claims have a strong likelihood of success, there is the likelihood of "complex questions of federal and state anti-discrimination law and insurance regulation, damages calculations and class certification issues."
Court: USDC Western District of Washington, Judge: Lasnik, Filed On: April 18, 2024, Case #: 2:17cv1611, NOS: Other Civil Rights - Civil Rights, Categories: Insurance, Settlements, Class Action
J. Bybee finds that the district court improperly denied an individual's motion for preliminary injunctive relief in an action arising from two events, an abortion rally and an LGBTQ+ pride event, in which the individual, a devout Christian, sought to read Bible passages and was arrested for obstructing a police officer after he refused to move to a different location. The individual alleges that attendees at both events physically assaulted him, stole his Bibles and ripped them up. He further alleges that Seattle police opted to arrest the individual for obstructing rather than deal with the attendees who assaulted him. The individual established a likelihood of success on the merits of his First Amendment claim. Reversed.
Court: 9th Circuit, Judge: Bybee, Filed On: April 18, 2024, Case #: 23-35481, Categories: Constitution, Assault, First Amendment
J. Copperthite denies the board’s motion to dismiss this sex discrimination lawsuit brought by a male student who was accused of sexual misconduct by a female student. The male student claims he was falsely accused and is a victim of gender discrimination because the university forced him to undergo an allegedly bias-ridden investigation process before expelling him. His pleadings allow a plausible inference of discrimination and he properly alleges the board deprived him of his due process rights. The student seeks declaratory and injunctive relief to require the board to reverse the hearing’s outcome, restore his reputation, expunge and seal the disciplinary and dismissal records, destroy the female student’s complaint and return him to good standing, but the court does not rule on this yet.
Court: USDC Maryland, Judge: Copperthite, Filed On: April 18, 2024, Case #: 1:23cv3100, NOS: Education - Civil Rights, Categories: Education, Due Process, Assault
J. Gallagher grants Southwest’s motion to dismiss this employment dispute brought by a former employee alleging breach of contract, hostile work environment, disability and race discrimination, failure to accommodate and violations of the Maryland Healthy Working Families Act. The employee alleges she was terminated for giving a coworker her username and password, as a supervisor suggested, and calling in sick from jail. Southwest alleges the breach of contract claim is preempted by the Railway Labor Act for disputes between rail and airline workers of a collective bargaining agreement. The employee fails to state a plausible claim to her hostile work environment, disability and race discrimination, failure to accommodate and the Maryland law. Therefore, all claims are dismissed without prejudice, except the breach of contract and it is dismissed with prejudice.
Court: USDC Maryland, Judge: Gallagher, Filed On: April 18, 2024, Case #: 1:23cv2980, NOS: Employment - Civil Rights, Categories: Employment, Negligence, Contract
J. Kelsey grants the defendant's habeas petition and order his early release. A law passed in Virginia's legislature amended the earned-sentence credit program. Under the new early-release program, prisoners with qualifying convictions are eligible to receive credits at a higher rate of up to 15 days of credit for every 30 days served. The amendment specifically excludes those with murder convictions but not attempted murder convictions.
Court: Virginia Supreme Court, Judge: Kelsey , Filed On: April 18, 2024, Case #: 230514, Categories: Habeas, Murder, Sentencing
J. Shulman finds that the lower court properly found that a couple cannot sue a fertility clinic for medical malpractice for the failure to properly store their embryos. However, the couple's negligence claims are reinstated, as experts presented conflicting testimony regarding the potential impact of the cryopreservation process on the embryos. It is up for a jury to determine whether the embryos were already in poor condition when preserved, or if the clinic allowed them to degrade. Reversed in part.
Court: New York Appellate Divisions, Judge: Shulman, Filed On: April 18, 2024, Case #: 02088, Categories: Health Care, Negligence, Medical Malpractice
Per curiam, the appellate division finds that the lower court properly found for the insurer in a suit seeking damages for business losses due to the store's inability to use its premises during the Covid-19 pandemic. The store cannot show that a physical loss occurred in order to trigger coverage under the policy. Affirmed.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: April 18, 2024, Case #: 02091, Categories: Insurance, Covid-19, Contract
J. Ervin-Knott finds that the trial court should not have denied the original property owner's motion for a new trial on a finding for a tax sale purchaser's suit to quiet title. The purchaser did not show that the owner had been duly notified of her rights to redeem or, alternatively, nullify the tax sale. Further, there are genuine issues of material fact as to whether the city or the purchaser made diligent and reasonable efforts to notify the owner of her rights before taking her property. Reversed.
Court: Louisiana Court Of Appeal, Judge: Ervin-Knott, Filed On: April 18, 2024, Case #: 2023-CA-0645, Categories: Property, Due Process
J. McCafferty grants a body product company’s motion to dismiss a class action brought against it by a customer claiming the company violated the New Hampshire Driver Privacy Act by sending information from the customer’s driver’s license to a third party without his consent. The customer failed to make a plausible argument that the company sold, rented, offered or exposed for sale his driver’s license or the information contained in it.
Court: USDC New Hampshire, Judge: McCafferty, Filed On: April 18, 2024, Case #: 1:23cv432, NOS: Other Personal Injury - Torts - Personal Injury, Categories: Consumer Law, Privacy, Class Action
J. Williams finds that the lower court improperly granted summary judgment to the appraisal district in this dispute over ad valorem taxes. The case concerns how certain "mobile sand silo systems should be classified for taxation purposes." The court concludes that the silos should be "reinstated in a heavy equipment account." Reversed.
Court: Texas Courts of Appeals, Judge: Williams, Filed On: April 18, 2024, Case #: 11-22-00206-CV, Categories: Property, Tax
J. Pena finds that the appellant's appeal is moot as it relates to possession of the property and dismisses that part of the appeal in this forcible detainer action. The appellant "does not dispute he is no longer in possession of the premises," and he fails to present a meritorious claim to possession. As to the issue of attorney fees, the evidence does not sufficiently support the award. Reversed in part.
Court: Texas Courts of Appeals, Judge: Pena, Filed On: April 18, 2024, Case #: 13-22-00349-CV, Categories: Real Estate, Attorney Fees, Contract
J. Longoria finds that the lower court properly determined that Louisiana law applies to the validity of the premarital agreement at issue in this divorce case. The parties were married in Louisiana and purportedly signed the agreement pursuant to the Louisiana Civil Code. On appeal, the wife contends that the lower court erred in finding that "Texas does not have an explicit choice of law directive" as it relates to the purported agreement, but there is no supporting case law for her position. Affirmed.
Court: Texas Courts of Appeals, Judge: Longoria, Filed On: April 18, 2024, Case #: 13-22-00449-CV, Categories: Civil Procedure, Family Law, Contract
J. Freyre finds the trial court violated defendant's right to a public trial on trespass and criminal mischief charges when it closed the courtroom and conducted the entire trial via livestream. It failed to make any of the findings required under Waller v. Georgia before it precluded members of the public from sitting in the gallery; therefore, defendant's convictions will be vacated and the case remanded for a new trial. Reversed.
Court: Colorado Court Of Appeals, Judge: Freyre, Filed On: April 18, 2024, Case #: 2024COA37, Categories: Criminal Procedure, Fair Trial, Trespass
J. Sullivan finds the lower court properly elevated defendant's DUI case to a felony based on his previous convictions. While defendant was denied counsel during two previous DUI trials that resulted in convictions, the error did not deprive those trial courts of jurisdiction and, therefore, defendant's collateral attacks on the previous convictions were untimely. Affirmed.
Court: Colorado Court Of Appeals, Judge: Sullivan, Filed On: April 18, 2024, Case #: 2024COA38, Categories: Constitution, Dui, Jurisdiction