148 results for 'filedAt:"2024-04-19"'.
J. Land finds that the trial court properly convicted defendant of rape and giving false information to a law enforcement officer. Sufficient evidence was presented to support defendant's rape conviction and to allow the jury to infer that defendant was not justified in raping the victim because he felt threatened by an accomplice. The trial court did not commit any error in refusing to grant a mistrial after an investigator gave testimony referring to defendant's unrelated criminal proceeding. A curative instruction was immediately given to the jury and the statement was struck from the record. Affirmed.
Court: Georgia Court of Appeals, Judge: Land, Filed On: April 19, 2024, Case #: A24A0375, Categories: Sex Offender
Want access to unlimited case records and advanced research tools? Create your free CasePortal account now. No credit card required to register.
Try CasePortal for Free
J. Hanson finds that the lower court improperly determined the mother's child-support obligation. The record does not establish how the lower court determined the mother's gross monthly income "for the purposes of calculating her child-support obligation." The parts of the judgment regarding child custody and visitation are affirmed, however. Reversed in part.
Court: Alabama Court of Civil Appeals, Judge: Hanson, Filed On: April 19, 2024, Case #: CL-2023-0338, Categories: Evidence, Family Law
J. Huffaker grants summary judgement in favor of an Auburn University associate dean for academic affairs in this employment dispute brought by a former coordinator of student services after watching a sensitive video on a colleague’s computer. The coordinator was put on paid administrative leave and later terminated without a pre-termination hearing, but her termination was upheld when she challenged it through the university’s grievance process. She argues her procedural due process rights were violated because she did not have an adequate pre-termination hearing. The court concluded the evidence shows that she received sufficient notice and had an opportunity to respond, and that her post-termination process was procedurally adequate.
Court: USDC Middle District of Alabama, Judge: Huffaker, Filed On: April 19, 2024, Case #: 3:22cv176, NOS: Employment - Civil Rights, Categories: Employment, Due Process
J. Jensen dismisses an appeal from a district court order and judgment in favor of a company concerning the calculation of nonparticipating royalty interest. A final judgment resolving all of the underlying claims has not been entered in the district court and the matter is therefore dismissed.
Court: North Dakota Supreme Court, Judge: Jensen, Filed On: April 19, 2024, Case #: 2024ND68, Categories: Energy, Contract
Per curiam, the court of civil appeals finds that the lower court properly upheld a decision of the Alabama Medical Cannabis Commission to rescind an integrated-facility license. The judgment, which concluded that the commission "had acted within its authority" in rescinding the award, is due to be affirmed, as the the appellant company fails to challenge "the third basis for the judgment in its principal brief." Affirmed.
Court: Alabama Court of Civil Appeals, Judge: Per curiam, Filed On: April 19, 2024, Case #: CL-2023-0831, Categories: Administrative Law, Civil Procedure
J. Wiley finds that the trial court properly denied special anti-SLAPP motions on most of a condo resident's defamation claims against his neighbors. The neighbors' emails furthered a personal dispute and did not contribute to a discussion of public issues. They were not sent to the general public, but were confrontational attempts at shaming the condo resident. And homeowners' association debates usually involve private issues, and are not per se connected to public issues. Affirmed.
Court: California Courts Of Appeal, Judge: Wiley, Filed On: April 19, 2024, Case #: B317061, Categories: Anti-slapp, Defamation
J. Novak denies the department's motion to dismiss sex-based employment discrimination claims. The X-ray machines used on correctional officers can not differentiate between contraband and a menstruation product like tampons, pads, or IUDs. Every time the machine finds a foreign object, even if it is purely for menstruation, the correctional officers are subject to severely invasive strip searches. The department has failed to establish a policy that considers that its female employees will be subject to strip searches far more frequently than males purely due to sex-based characteristics.
Court: USDC Eastern District of Virginia, Judge: Novak , Filed On: April 19, 2024, Case #: 3:23cv757, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Government, Employment Discrimination
J. Mize finds the trial court properly denied the defendant’s motion to suppress evidence obtained of his bag obtained during a warrantless search. He lacks a standing to contest the search of the bag because it was abandoned on residential property, and he relinquished any expectation of privacy. Affirmed.
Court: Florida Courts Of Appeal, Judge: Mize, Filed On: April 19, 2024, Case #: 6D23-1787, Categories: Criminal Procedure, Search, Property
J. Brownlee finds the trial court improperly granted a patient summary judgment on his claim under the Florida Consumer Collection Practice Act that a foot and ankle center put a lien on his workers’ compensation settlement. The center argues there was insufficient evidence when the contingency fee multiplier was imposed. The court finds the multiplier failed factorial analysis from the beginning, but the patient presented no evidence relevant to the first factor. Therefore, this case is remanded solely to enter judgement without the contingency fee multiplier. Affirmed, in part. Reversed, in part.
Court: Florida Courts Of Appeal, Judge: Brownlee, Filed On: April 19, 2024, Case #: 6D23-665, Categories: Settlements, Attorney Fees, Contract
J. Stargel finds that defendant was improperly convicted of murder because the jury had been given confusing instructions as to the law of self-defense, and the instructions were not corrected during trial. There was enough evidence to support the defendant’s self-defense theory and the court should have given the requested portion of jury instruction on deadly force. Therefore, this case is remanded for a new trial. Reversed.
Court: Florida Courts Of Appeal, Judge: Stargel, Filed On: April 19, 2024, Case #: 6D23-509, Categories: Evidence, Jury, Self Defense
J. McKeown finds that the district court properly dismissed a securities fraud action against an international information services company under a Securities Exchange Act and Rule. The class alleged that the company made materially misleading statements by omitting key facts regarding a 2015 acquisition and a 2017 investment. The class was unable to show a strong inference that the company acted with the intent to deceive or with deliberate recklessness as to the possibility of misleading investors. Affirmed.
Court: 9th Circuit, Judge: McKeown, Filed On: April 19, 2024, Case #: 22-55829, Categories: Securities, Class Action
J. Heytens finds the lower court properly denied the electoral board members' motion to dismiss First Amendment claims. The City of Lynchburg's registrar from 2018 to 2023 claims the board's two Republican members refused to reappoint her to the position, not for the failure of duty but because she was not a loyal Donald Trump supporter. The members are correct in assuming sovereign immunity bars the registrar from recovering monetary damages, but she is entitled to seek injunctive relief. Affirmed.
Court: 4th Circuit, Judge: Heytens, Filed On: April 19, 2024, Case #: 23-1902, Categories: Government, Immunity, First Amendment
J. Cote grants the bank's motion to dismiss patent infringement claims related to the patentholder's patent for a system that provides electronic banking touch points with personalized financial services for customers. The patentholder has failed to plead direct or indirect infringement by any identifiable product.
Court: USDC Southern District of New York, Judge: Cote, Filed On: April 19, 2024, Case #: 1:23cv8801, NOS: Patent - Property Rights, Categories: Patent
J. Kato finds in favor of the company against the family's complaint that the company's nursing home neglected their loved one to the point that she developed sepsis and contracted Covid-19, resulting in her death. The family did not show diligence when conducting discovery as they did not serve their first set of document requests until seven months after the court issued the scheduling order, among other deficiencies, and the family does not present any record evidence that the company or any of its employees knew that the company's Covid-19 mitigation practices posed a serious risk of death to the loved one.
Court: USDC Central District of California, Judge: Kato, Filed On: April 19, 2024, Case #: 5:21cv1428, NOS: Other Personal Injury - Torts - Personal Injury, Categories: Elder Abuse, Discovery, Covid-19
J. Kinkeade finds that the employer of a driver who struck and killed a man with her car in the course of her employment while the man was changing a tire on the side of the road is not liable for negligent training and hiring claims but claims against the driver for negligence regarding her being consciously distracted can proceed. There is not sufficient evidence indicating negligence by the company in hiring or training the driver but there is a record that that the driver sent text messages close to the time of the accident. Claims for pain and suffering related to the deceased are denied because evidence shows that he was killed instantly.
Court: USDC Northern District of Texas , Judge: Kinkeade, Filed On: April 19, 2024, Case #: 3:22cv2714, NOS: Motor Vehicle - Torts - Personal Injury, Categories: Tort, Vehicle, Wrongful Death
J. Peterson finds that the lower court properly denied defendant's petition for a certificate of innocence on two aggravated unlawful use of a weapon convictions which were vacated as unconstitutional. Defendant has not attempted to show he was innocent of the nol-prossed charges pursuant to a negotiated plea agreement, so he does not qualify for a certificate of innocence. Affirmed.
Court: Illinois Appellate Court, Judge: Peterson, Filed On: April 19, 2024, Case #: 210414, Categories: Criminal Procedure, Weapons
J. Davenport finds that the lower court improperly convicted defendant on two charges of unlawful use of a weapon by a felon, but properly convicted him of being an armed habitual criminal. The state provided beyond a reasonable doubt that he possessed a firearm, but the multiple convictions violate the one-act, one-crime doctrine. Reversed in part.
Court: Illinois Appellate Court, Judge: Davenport, Filed On: April 19, 2024, Case #: 230113, Categories: Firearms
J. Contreras grants the secretary of the Treasury’s partial motion to dismiss a suit brought by individuals and business entities over the Treasury’s Office of Foreign Assets Control’s designation of the individuals as “specially designated nationals” on the “specially designated nationals and blocked persons list.” The court dismisses two counts asserting the department did not act within its authorities.
Court: USDC District of Columbia, Judge: Contreras, Filed On: April 19, 2024, Case #: 1:24cv285, NOS: Other Statutory Actions - Other Suits, Categories: Agency
J. Rakoff finds that the lower court properly denied an exhibit's motion to dismiss class claims that it violated the New York Arts and Cultural Affairs Law by failing to disclose the total cost of tickets, including ancillary fees. The voluntary payment doctrine does not bar this suit because the $8.99 added to the attendee's ticket price on the final purchase screen did not disclose how much of the fees was allocated to taxes versus fees.
Court: USDC Southern District of New York, Judge: Rakoff, Filed On: April 19, 2024, Case #: 1:24cv322, NOS: Other Fraud - Torts - Personal Property, Categories: Fraud, Consumer Law
J. Talwani grants in part a former company president’s motion for judgment as a matter of law against his former company, which successfully sued him for breach of fiduciary duty, breach of contract, misappropriation of trade secrets, trademark infringement and false designation. There wasn’t enough substantial evidence before the jury to determine that the former president improperly obtained meeting minutes from the company.
Court: USDC Massachusetts, Judge: Talwani, Filed On: April 19, 2024, Case #: 1:20cv10926, NOS: Trademark - Property Rights, Categories: Trade Secrets, Trademark, Fiduciary Duty
J. Jackson grants in part the defendant school district's motion for sanctions and dismisses the parent's amended complaint with prejudice as to the school district. The current matter stems from the parent's alleged failure to "execute the necessary documents to effectuate the settlement agreement previously reached." Dismissal is warranted based on a failure to comply with the court's "rules and orders," since the school district had to continue litigating the case, and a lesser sanction would be inadequate.
Court: USDC Eastern District of Oklahoma, Judge: Jackson, Filed On: April 19, 2024, Case #: 6:22cv151, NOS: Amer w/Disabilities - Other - Civil Rights, Categories: Education, Sanctions, Settlements