J. Hamilton finds that the lower court properly revoked defendant's probation, finding that he possessed a firearm in violation of the terms of his supervised release. While the trial judge should not have allowed defendant's probation officer to narrate a police surveillance video showing defendant with the gun without permitting defendant to cross-examine the officer, the error was harmless. Affirmed.
Court: 7th Circuit, Judge: Hamilton, Filed On: April 24, 2024, Case #: 22-3282, Categories: Firearms, Probation, Witnesses
J. Zenoff finds that the lower court properly granted the state's petition to detain defendant before trial on charges of murder and possession of a firearm by a felon. Defendant is charged with multiple offenses, and the trial court did not err in finding the presumption great that he committed the charged offenses. Affirmed.
Court: Illinois Appellate Court, Judge: Zenoff, Filed On: April 24, 2024, Case #: 240187, Categories: Murder, Bail
J. Lampkin finds that the lower court properly dismissed an attorney's First Amendment challenge to a village ordinance requiring public comments of special village board meetings to be germane to agenda items. This relevancy restriction on council meetings is reasonable, even though it is content based, in light of the purpose of board meetings to effectively conduct business of specified matters and ensure citizens have the time to present their views. Affirmed.
Court: Illinois Appellate Court, Judge: Lampkin, Filed On: April 24, 2024, Case #: 230139, Categories: Municipal Law, First Amendment
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J. Kobick grants a restaurant management software company’s motion to stay a patent infringement and breach of contract action brought against it by a paydata management software company pending review of the relevant patent by the Patent Trial and Appeal Board. The board recently began the review of that patent.
Court: USDC Massachusetts, Judge: Kobick, Filed On: April 24, 2024, Case #: 1:22cv11539, NOS: Patent - Property Rights, Categories: Patent, Contract
J. Park finds that the district court properly denied defendant pretrial release from detainment for allegedly making interstate threats against Jewish students at Cornell University following the October 2023 Hamas attack against Israel because defendants may be detained pending trial on charges constituting crimes of violence. Affirmed.
Court: 2nd Circuit, Judge: Park, Filed On: April 24, 2024, Case #: 23-8081, Categories: Threats
Vice Chancellor Zurn declines to dismiss certain claims associated with $344 million paid to the founders of a partnership and other insiders for the loss of tax benefits in the partnership's conversion to a corporation because safe harbors in the partnership agreement are available, and the shareholder successfully pleads that defendants lacked leverage to extract payment for such.
Court: Delaware Chancery Court, Judge: Zurn, Filed On: April 24, 2024, Case #: 2022-0664-MTZ, Categories: Corporations, Tax, Partnerships
J. Brailsford denies in part an insurance company's motion for summary judgment regarding an insurance coverage dispute following a plane crash. While the pilot walked away unharmed, the plane, which crashed shortly after takeoff, sustained extensive damage. The plane owner alleges that the insurer has not paid for certain repairs in violation of the insurance policy. A genuine dispute of material fact remains as to whether the insurer paid the amount required under the insurance policy. Because the insurance company has waived its right to compel arbitration, its motion for summary judgment on the contract claim is denied.
Court: USDC Idaho, Judge: Brailsford, Filed On: April 24, 2024, Case #: 1:22cv176, NOS: Insurance - Contract, Categories: Arbitration, Insurance, Contract
J. Salter finds that the circuit court improperly granted summary judgment and remanded for further proceedings a matter concerning a dispute of ownership of a semi truck. However, the lower court correctly determined that “drafting errors” alleged by the semi owner would not, themselves, preclude obtaining the title to the property. Affirmed in part.
Court: South Dakota Supreme Court, Judge: Salter , Filed On: April 24, 2024, Case #: 2024SD24, Categories: Vehicle, Contract
J. Winmill grants an insurance company's motion for expenses regarding an improperly terminated disposition. The disposition regarding a car collision was terminated by counsel when the passenger in the car, who suffered severe memory loss, was being asked about insurance claims documents and was about to be shown those documents. The attorney alleges that the insurer failed to lay the proper foundation for refreshing a witness' recollection with a document. The attorney has not shown that the insurer's counsel's questioning rose to the level of bad faith or oppressiveness. The "unilateral termination of the...disposition was therefore unjustified and warrants sanctions."
Court: USDC Idaho, Judge: Winmill, Filed On: April 24, 2024, Case #: 1:21cv498, NOS: Other Contract - Contract, Categories: Insurance, Sanctions, Contract
J. Iannacci finds that the lower court properly found that the Education Law's notice of claim requirements do not apply to charter schools. A mother sued the charter school for a bullying incident where her special needs daughter was pushed to the floor, injuring her elbow. The mother was not required to serve a notice of claim on the school before filing this tort action. "Neither the public character nor the purpose of charter schools renders them equivalent to a school district for purposes of invoking the protections of notice of claim statutes." Affirmed.
Court: New York Appellate Divisions, Judge: Iannacci, Filed On: April 24, 2024, Case #: 02205, Categories: Civil Procedure, Education, Tort
J. Molaison finds that the trial court properly found for a supply company on a worker's negligence claim that a shifting pipe fell on his foot during a
hydro pressure test at the pump station. The worker alleged that the supply company was responsible for ordering necessary “Star Pipe connections” but did not allege a product defect, only that the construction used incorrect parts. The supply company's undisputed role consisted of identifying parts for the project at issue from the project designer and did not supervise or install the pipe. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Molaison, Filed On: April 24, 2024, Case #: 23-CA-424, Categories: Construction, Negligence, Contract
J. Johnson finds that defendant was properly sentenced to 30 years imprisonment on his conviction for possession of pornography involving juveniles under the age of 13. In this case, defendant was found in possession of over 800 photographs of children. Further, the sentence was not the maximum allowed, defendant did not show remorse for his actions, and he had a previous conviction of a sexual offense toward his daughter. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Johnson, Filed On: April 24, 2024, Case #: 23-KA-427, Categories: Sentencing, Sex Offender
J. Schlegel finds that the trial court properly found for a medical provider on a patient's medical malpractice claim. In this case, the patient did not present expert testimony on the issue of causation on his allegation that nursing staff failed to provide prompt treatment for an infection in his
left leg, resulting in the amputation of his left leg above his knee. The patient has a complicated medical history, including years of drug addiction, and expert testimony would have to be required to show that the medical provider's deviation from the standard of care led to his amputation. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Schlegel, Filed On: April 24, 2024, Case #: 23-CA-452, Categories: Experts, Medical Malpractice
J. Pechman grants the petition of Julie Su, Acting Secretary of Labor of U.S. Department of Labor, to enforce an administrative subpoena seeking information about the amounts paid to various Amazon officers, managers and supervisors in 2021 to 2022 to go to Staten Island, New York to convince Amazon employees not to unionize. The information about the names and job positions are relevant to the investigation, because that will help determine if these individuals acted outside their normal job duties or if they acted in their individual capacities.
Court: USDC Western District of Washington, Judge: Pechman, Filed On: April 24, 2024, Case #: 2:24cv270, NOS: Other Statutory Actions - Other Suits, Categories: Discovery, Labor / Unions
J. Kelly finds that the trial court improperly ruled against the owner of an oil and gas company in a leasing case brought by a holdings firm. The trial court found that the lease had been terminated due to lack of production. The trial court's decision was in error because fact issues remain on whether production had totally ceased on the tract of land. Reversed.
Court: Texas Courts of Appeals, Judge: Kelly, Filed On: April 24, 2024, Case #: 03-22-00478-CV, Categories: Property
J. Chehardy finds that the trial court should not have enforced the husband's motion to enforce the settlement agreement related to the parties' partition of community property. In this case, there is no settlement document outlining the obligations of the parties or their acquiescence to its terms, and the exchange of text messages and emails between counsel did not create an enforceable settlement agreement between the parties. Further, the wife should not have been sanctioned for refusing to sign the settlement agreement. Reversed.
Court: Louisiana Court Of Appeal, Judge: Chehardy, Filed On: April 24, 2024, Case #: 23-CA-471, Categories: Property, Settlements, Contract
J. Chehardy finds that the trial court properly awarded $614,000 in damages for an accident where a patron fell off of a store's toilet and injured her back. In this case, there was evidence to support the jury's determination that the accident at the store resulted in the patron's two fusion surgeries. Further, the jury’s award for special damages directly reflects the totality of medical expenses that the patron incurred. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Chehardy, Filed On: April 24, 2024, Case #: 23-CA-487, Categories: Damages, Premises Liability
J. Baker finds that the county court properly ruled against a homeowner in a debt case filed by a repairman who was not paid after working on the homeowner's septic system. The homeowner refused to pay for the services, alleging that the repairman did not complete the work and caused more damage to her septic system. The repairman's testimony that he completed the repairs is more credible than the homeowner's counter assertions. Affirmed.
Court: Texas Courts of Appeals, Judge: Baker, Filed On: April 24, 2024, Case #: 03-22-00492-CV, Categories: Tort, Contract
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