178 results for 'filedAt:"2024-04-24"'.
J. Davis finds the district court improperly dismissed the disabled, black employee's discrimination and retaliation claims. The employee was hired to work within the county's drug trafficking division. His request to work remotely in 2020, to avoid contracting COVID after throat surgery, being in remission from cancer, was denied by his supervisor. The employee was placed on administrative leave after complaining of this and an internal data breach involving his family, and was allegedly told to remove religious garments during a later discussion with his supervisor. The district court incorrectly determined that the employee failed to produce evidence that he informed the county of his disabilities or that he requested accommodation. Furthermore, the district court failed to treat the drug trafficking division as the same entity as the county. Vacated.
Court: 5th Circuit, Judge: Davis , Filed On: April 24, 2024, Case #: 23-10872, Categories: Government, Employment Discrimination, Employment Retaliation
J. Savoie finds that the trial court improperly denied the hospital's dilatory exception of prematurity filing, which argues that the patient's lawsuit falls under the Louisiana Medical Malpractice Act (LMMA), and thus a medical review panel must review it first. The trial court relied on inapplicable precedent when making its ruling, the patient's allegations require expert medical testimony about the hospital's standard of care, and the hospital performing the assessment of the patient as one at high risk of fall is within the scope of its licensed activities, which all fall under the LMMA. Reversed.
Court: Louisiana Court Of Appeal, Judge: Savoie, Filed On: April 24, 2024, Case #: CA-23-434, Categories: Experts, Medical Malpractice
J. Bradberry finds that the trial court improperly denied the contractor's motion for a preliminary injunction against the construction company in their dispute about the arbitration clause in their contract. There are several indicators that the contract and the construction company did not fully finalize the disputed subcontract, and the trial court wrongfully held that the contractor's estimator had the authority to bind the contractor to the subcontract. Reversed.
Court: Louisiana Court Of Appeal, Judge: Bradberry, Filed On: April 24, 2024, Case #: CA-23-557, Categories: Arbitration, Contract, Injunction
J. Ortego finds that defendant was properly convicted for carjacking and adjudicated as a fourth habitual offender, resulting in a life sentence of hard labor without parole. There was plenty of evidence that defendant attacked the carjacking victim unprovoked, thus there was "violence" and all of the elements of the crime were established beyond a reasonable doubt. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Ortego, Filed On: April 24, 2024, Case #: KA-23-736, Categories: Robbery, Vehicle, Jury Instructions
J. Jolly finds the district court improperly dismissed the former prisoner's assault claim under the Federal Tort Claims Act after prison officials allegedly physically restrained and beat him. The district court held his injuries were minor and not legally cognizable. The applicable tort law does not bar claims based on minor injuries. Reversed.
Court: 5th Circuit, Judge: Jolly , Filed On: April 24, 2024, Case #: 22-30294, Categories: Tort, Police Misconduct, Prisoners' Rights
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J. Edison finds, upon remand, that one group of investors in a divided class can move forward with class certification in a case regarding a failure to disclose information prior to a merger. The court initially ruled that applicants for a class action must be separated because the class included stockholders of both companies involved in the merger creating a conflict. On remand, one group of investors holding stock in one of the companies involved in the merger can certify as a class at this juncture with the recommendation that investors holding stock in the other company be permitted to apply for class certification separately.
Court: USDC Southern District of Texas, Judge: Edison, Filed On: April 24, 2024, Case #: 4:18cv4330, NOS: Securities/Commodities/Exchange - Other Suits, Categories: Securities, Class Action
J. Horan finds that the testimony of an expert witness for the defendant energy services company, who testified as to whether suing energy company took reasonable steps to protect its trade secrets, shall not be removed from the record. The witness’s testimony does not invade the territory of the trier of fact, but rather provides information as to the steps that the sued company could have or did take to protect its trade secrets. Plaintiff’s motion to strike the expert witness’s testimony is denied.
Court: USDC Northern District of Texas , Judge: Horan, Filed On: April 24, 2024, Case #: 3:22cv1981, NOS: Defend Trade Secrets Act of 2016 (DTSA) - Property Rights, Categories: Trade Secrets, Experts
J. O’Connor finds that an attorney who claims that she was not promoted because she is female did not show that her employer’s reason for not promoting her is pretextual. The attorney’s claims that the qualifications of person hired for the position were exaggerated do not meet the requirement for pretext to a discriminatory decision that any reasonable employer would find the protected class member’s qualifications are superior. However, the attorney’s claims for failure to promote based on her age can proceed. The employer’s motion to dismiss claims of discrimination based on sex are granted but the motion to dismiss based on age is denied.
Court: USDC Northern District of Texas , Judge: O’Connor, Filed On: April 24, 2024, Case #: 4:23cv566, NOS: Employment - Civil Rights, Categories: Civil Rights, Employment Discrimination
J. Coogler denies the defendant’s motion to dismiss in this lawsuit arising from a fatal shooting outside a club known as “The Strip” in downtown Tuscaloosa, Alabama; the suing estate alleges the defendant negligently and wantonly caused the decedent’s death by bringing the gun to an argument between the decedent and defendant’s friend, who shot the man dead. The defendant argues he cannot be held legally liable for causing a shooting committed by another person, but the court finds he did in fact have a duty of care, and the allegations leave enough room for reasonable difference of opinion for a jury to see the foreseeability of the injury.
Court: USDC Northern District of Alabama , Judge: Coogler, Filed On: April 24, 2024, Case #: 7:23cv1424, NOS: Other Personal Injury - Torts - Personal Injury, Categories: Negligence, Wrongful Death, Firearms
J. Harrison finds the circuit court properly entered the divorce decree and custody and support order, finding the ex-wife to be in contempt. The court correctly denied the mother's request to relocate, finding it in the child's best interest to remain where his support system is located. There is ample evidence the mother's failure to control her emotions caused the child's anxiety during visitation exchanges. At one exchange, the mother was crying so loudly she could not hear the visitation supervisor speaking. The child's counselor also testified that certain of the mother's actions could be considered intentional sabotage and that it is damaging for the child to be purposefully kept from his father. Affirmed.
Court: Arkansas Court Of Appeals, Judge: Harrison , Filed On: April 24, 2024, Case #: CV-23-240, Categories: Evidence, Family Law, Guardianship
J. Mooney finds the trial court erred by failing to dismiss two counts against defendant. “The state violated defendant’s constitutional right to counsel when the lead detective intentionally listened to several recorded phone conversations between defendant and his attorney, which included privileged communications between them about trial strategy.” Reversed.
Court: Oregon Court of Appeals, Judge: Mooney, Filed On: April 24, 2024, Case #: A177025, Categories: Constitution
J. Jacquot finds the trial court erred by denying his motion to dismiss his theft charge pursuant to a civil compromise. The “letter acknowledged more than that defendant had paid the penalties that he owed…and, therefore, is not precluded from being offered as evidence of a civil compromise.” Reversed.
Court: Oregon Court of Appeals, Judge: Jacquot, Filed On: April 24, 2024, Case #: A178836, Categories: Theft
J. Pagan finds the trial court erred by giving a jury instruction on defense of premises regarding the alleged victim’s actions when defendant was claiming self-defense against someone who used force against him. “The parties disputed the facts that would have made defendant’s self-defense claim viable, and a jury instruction that highlighted the alleged victim’s state of mind” detracted from the jury’s consideration of defendant’s state of mind. Reversed.
Court: Oregon Court of Appeals, Judge: Pagan, Filed On: April 24, 2024, Case #: A177313, Categories: Burglary, Assault, Jury Instructions
J. Murphy finds the circuit court properly upheld the denial of the firefighter's claim for duty disability retirement based on substantial evidence. The firefighter sought treatment and therapy for PTSD, and was placed on medical leave before pursuing retirement benefits. A doctor reported the available information did not support total and permanent disability. The firefighter provides no convincing support for his claim the board of trustees disregarded facts. Affirmed.
Court: Arkansas Court Of Appeals, Judge: Murphy , Filed On: April 24, 2024, Case #: CV-22-650, Categories: Employment, Health Care, Workers' Compensation
J. Gladwin dismisses the farm’s appeal of the circuit court’s denial of its petition to discharge the excavator’s lien. The excavator filed the lien for $671,000 for nonpayment after the farm sold its property during a construction project it contracted for with the excavator. The excavator gave proper notice and the court correctly denied discharge of the lien, retaining jurisdiction. The farm filed a notice of interlocutory appeal and a motion to reconsider on the same day. The circuit court did not issue a ruling on the motion to reconsider. The appeals court has no jurisdiction for lack of a final order.
Court: Arkansas Court Of Appeals, Judge: Gladwin , Filed On: April 24, 2024, Case #: CV-22-608, Categories: Construction, Jurisdiction, Contract
J. Gladwin finds the circuit court improperly denied the assignee of the vehicle purchase contract's motion to compel arbitration. The purchaser defaulted on payment and the assignee repossessed the vehicle. The purchaser sought class certification for deceptive trade practices claims arising from the assignee's requiring her to pay repossession report fees to law enforcement agencies. The arbitration agreement is valid and enforceable under the Automotive Dealer's Anti-Coercion Act, satisfying the mutuality-of-obligations element of a binding contract. The assignee did not waive its right to demand arbitration in the purported class action by filing a separate action for a deficiency judgment. Reversed.
Court: Arkansas Court Of Appeals, Judge: Gladwin , Filed On: April 24, 2024, Case #: CV-22-756, Categories: Arbitration, Debt Collection, Contract
J. Badding finds that defendant was properly convicted of third-offense OWI after crashing through a construction zone because officers observed signs of drug intoxication in defendant after she was detained while fleeing the scene, which justified the warrant for a blood draw. Affirmed.
Court: Iowa Court Of Appeals, Judge: Badding, Filed On: April 24, 2024, Case #: 23-0161, Categories: Evidence, Dui
J. Schumacher finds that defendant was properly convicted of second-degree murder for shooting his father following a dispute over their cattle farm because the lower court properly allowed the state to admit evidence that cattle had died and farm machinery had fallen into disrepair to establish motive. Affirmed.
Court: Iowa Court Of Appeals, Judge: Schumacher, Filed On: April 24, 2024, Case #: 23-0776, Categories: Evidence, Murder
J. Buller finds that defendant was properly denied relief from the conviction imposed upon his guilty plea to child endangerment resulting in death for abusing and starving his 16-year-old adopted child. Defendant contends he did not understand the plea agreement, but counsel clearly explained the mandatory minimum component. Affirmed.
Court: Iowa Court Of Appeals, Judge: Buller, Filed On: April 24, 2024, Case #: 23-1331, Categories: Sentencing, Child Victims
J. Schumacher finds that a child was properly removed from her mother's care under a child in need of assistance order entered after the father and brother were accused of sexually abusing the child because the record indicates the mother reported false information to authorities. Affirmed.
Court: Iowa Court Of Appeals, Judge: Schumacher, Filed On: April 24, 2024, Case #: 23-2121, Categories: Family Law
J. Klappenbach finds the trial court properly convicted defendant for boating while intoxicated. A wildlife officer stopped defendant's boat after he observed his aggressive operation related to cutting off a jet ski. The unsafe speed and closeness of the vessels provided probable cause for the stop. Sobriety tests were administered after the officer smelled alcohol, with defendant failing them all. Sufficient evidence supports the court's ruling. Affirmed.
Court: Arkansas Court Of Appeals, Judge: Klappenbach , Filed On: April 24, 2024, Case #: CR-23-573, Categories: Evidence, Dui
J. Murphy finds the circuit court properly denied the stepfather's petition to adopt his 13-year-old stepdaughter. The stepfather sought adoption after the child's biological father petitioned to establish paternity and visitation. Though the healthy, academically achieving daughter considers her stepfather her father, having no interest in visitations with her biological father, the record demonstrates the mother hindered the biological father/daughter relationship by not telling him about her for the first two years of her life. The mother also told the daughter she was conceived by rape. The biological father has regularly paid child support, also carrying insurance on the daughter. Adoption is in derogation of the natural parent's rights and the biological father has contested the adoption. Affirmed.
Court: Arkansas Court Of Appeals, Judge: Murphy , Filed On: April 24, 2024, Case #: CV-23-311, Categories: Evidence, Family Law, Guardianship