203 results for 'filedAt:"2024-02-07"'.
J. Russell grants the National Security Agency’s motion for summary judgment following two requests for the disclosure of records under the Freedom of Information Act suit brought by a man seeking intelligence records. The man argues that the agency withheld the records in bad faith. The court sees no bad faith and finds the agency did cooperate by sending him many letters informing him they needed additional information.
Court: USDC Maryland, Judge: Russell, Filed On: February 7, 2024, Case #: 1:21cv2412, NOS: Other Civil Rights - Civil Rights, Categories: Government, Public Record
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J. Molberg finds that the lower court properly granted the hospital defendant's plea to the jurisdiction in this lawsuit asserting claims for negligence and civil rights violations. The hospital district claimed it was entitled to sovereign immunity, and there is no evidence showing that it received the required notice of the litigant's claims. Affirmed.
Court: Texas Courts of Appeals, Judge: Molberg, Filed On: February 7, 2024, Case #: 05-22-01180-CV, Categories: Civil Procedure, Health Care, Jurisdiction
J. Boyle grants summary judgment to a police department following allegations of retaliation brought by a former officer when the department fired him after he took FMLA leave. The officer, who needed to help his father after a debilitating accident, took leave for over a year then returned to work. However, someone called the department to file a complaint against the officer, who had been working as a contractor at his father’s business while on leave. The officer reportedly did poor contracting work, lied about having retired as an officer, and did not notify the department about working while using FMLA time. While the officer claims the department fired him solely because he took leave, he offers no evidence refuting the other reasons the department fired him.
Court: USDC Eastern District of North Carolina, Judge: Boyle, Filed On: February 7, 2024, Case #: 5:21cv491, NOS: Employment - Civil Rights, Categories: Civil Rights, Employment Retaliation, Labor
J. Lindsey finds the trial court, on its own accord, improperly dismissed the city's charges against defendant for possessing and drinking an open container of alcohol in public. The city's due process rights were violated because it was not given notice of the hearing at which the trial court dismissed the case via a handwritten note on the back of the arrest affidavit, an action which itself exceeded the trial court's authority. The case is remanded for further proceedings. Reversed.
Court: Florida Courts Of Appeal, Judge: Lindsey, Filed On: February 7, 2024, Case #: 22-1404, Categories: Due Process, Public Intoxication
[Consolidated.] J. Reyna finds that the patent trial and appeal board improperly ruled in a patent dispute over a "system, method, and apparatus for just-in-time conditioning using a thermostat" because Google was not given an opportunity to address the claim construction.
Court: Federal Circuit, Judge: Reyna, Filed On: February 7, 2024, Case #: 2022-1750, Categories: Civil Procedure, Patent
J. Liebmann dismisses the Argentinian citizen's appeal of the immigration judge's denial of his petition to remove conditions on his residence. The immigrant's wife, a U.S. citizen, withdrew the petition to remove conditions, alleging their marriage was fraudulent. Although the immigrant claims his wife withdrew the petition under duress because she was facing pending criminal charges, she did not testify on his behalf nor provide an affidavit to support his assertions.
Court: Board of Immigration Appeals, Judge: Liebmann , Filed On: February 7, 2024, Case #: 4072, Categories: Fraud, Immigration
J. Hixson finds the trial court properly convicted defendant for second-degree murder and employing a firearm. Officers testified that victim's wife called 911 after her husband ran from defendant's residence, bleeding and exclaiming he had been shot. A neighbor testified to the same events, and the weapon and shell casings were found in defendant's home. Affirmed.
Court: Arkansas Court Of Appeals, Judge: Hixson , Filed On: February 7, 2024, Case #: CR-23-188, Categories: Firearms, Jury, Murder
J. Abramson finds the circuit court properly denied the mother's petition to terminate paternal grandparent visitation with her child. The mother began denying visitation after a year of regular, significant visitation with the grandparents due to their daughter's having criminal drug charges. All evidence supports the court's order for visitation, and its finding the mother to be in contempt for failing to facilitate the visitation. The mother knew two court orders conflicted yet did not inform either court. Affirmed.
Court: Arkansas Court Of Appeals, Judge: Abramson , Filed On: February 7, 2024, Case #: CV-22-730, Categories: Contempt, Family Law, Guardianship
J. Harrison finds the circuit court properly modified the father's custodial time with his children and found him in contempt for failing to pay alimony and child support. The father has been working out of state, which constitutes a material change in circumstances since the entry of the divorce decree. The order of contempt is not final and appealable, as it allows the father to purge the order by paying alimony and child support arrearages. Affirmed.
Court: Arkansas Court Of Appeals, Judge: Harrison , Filed On: February 7, 2024, Case #: CV-22-495, Categories: Contempt, Family Law, Guardianship
J. Kennelly grants the government’s motion to dismiss a business services company’s complaint to recover overpaid income taxes. The company claims that, due to an accounting error it discovered in 2019, it overpaid its 2015 income tax by over $1.1 million. After several years of unsuccessfully trying to file amended tax returns with the IRS, it sued the government in March 2023. The court, however, finds it lacks jurisdiction over the suit.
Court: USDC Northern District of Illinois, Judge: Kennelly, Filed On: February 7, 2024, Case #: 1:23cv1482, NOS: Insurance - Contract, Categories: Government, Tax, Jurisdiction
J. Tunheim dismisses a "repetitive" action centered on a dispute around probate proceedings, finding that the decedent's nephew's claims against the decedent's daughter, brother-in-law and estate planning attorney are variously barred by claim preclusion and the attorney's privity with the other parties. Claims against the state court are also barred by the court's sovereign immunity. The nephew, finally, is placed on this court's restricted filer list.
Court: USDC Minnesota, Judge: Tunheim, Filed On: February 7, 2024, Case #: 0:23cv1181, NOS: Other Personal Injury - Torts - Personal Injury, Categories: Civil Rights, Wills / Probate
J. Richard Nelson grants the police officers' motion for summary judgment in the prisoner's suit against them alleging that they violated his civil rights during his arrest for domestic assault and criminal property damage. The prisoner has yet to identify the specific officer who allegedly seized him from his room without consent, and such specificity is required to support his claims at this stage.
Court: USDC Minnesota, Judge: Richard Nelson, Filed On: February 7, 2024, Case #: 0:22cv187, NOS: Civil Rights - Habeas Corpus, Categories: Civil Rights, Police Misconduct
J. Chutich affirms the district court's denial of the postconviction relief-seeker's petition. The petition's allegations are time-barred by approximately sixteen years, and the petitioner has not raised any exceptions to this time-bar. His allegations, furthermore, are legally insufficient to justify relief. Affirmed.
Court: Minnesota Supreme Court, Judge: Chutich, Filed On: February 7, 2024, Case #: A23-0915, Categories: Criminal Procedure, Murder
J. Loken finds a lower court improperly ruled that a Menards employee is covered by a property and casualty insurance policy. Menards argued that a customer's insurance provider was obligated to cover damages after its employee dropped a large piece of lumber on top of her while assisting her in the parking lot. However, the insurance company sufficiently showed in court the policy's "Intrafamily Immunity" exclusion precludes coverage for bodily injury that the customer suffered. Reversed.
Court: 8th Circuit, Judge: Loken, Filed On: February 7, 2024, Case #: 23-1702, Categories: Insurance, Contract
J. Neeley finds the county court properly terminated the parents' rights to their children. Protective services received reports of unsafe conditions at the family's camper, including lack of food, lack of running water, lack of power to the refrigerator, possible drug use and domestic violence. An investigator confirmed all of this, along with the children's severe hygiene and medical issues, after a home visit. Affirmed.
Court: Texas Courts of Appeals, Judge: Neeley , Filed On: February 7, 2024, Case #: 12-23-00258-CV, Categories: Evidence, Family Law, Guardianship
Per curiam, the appellate division finds that the lower court properly dismissed a man's personal injury suit against the city alleging that he was working in a roadway when a stack of wood fell on him. The worker did not establish the city had actual knowledge of the facts constituting the claim, and his notice of claim was untimely. Affirmed.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: February 7, 2024, Case #: 00627, Categories: Tort
Per curiam, the appellate division finds that the lower court improperly granted the property owner's motion to dismiss a breach of contract action alleging it did honor an agreement for the purchase of real estate. The evidence does not utterly refute the landlord coalition's claims, especially since it disputes the authenticity of an alleged lease agreement. Reversed.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: February 7, 2024, Case #: 00612, Categories: Real Estate, Contract
Per curiam, the appellate division finds that the lower court improperly granted the condo owner a credit of $60,000 against the amount due to the board for unpaid common charges on a condo. The condo owner failed to show that the board was responsible for any delays or other wrongful conduct in this action. Reversed.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: February 7, 2024, Case #: 00608, Categories: Property
J. Cabret finds the superior court properly affirmed the employee relations board's decision excluding two union workers from a collective bargaining unit because of their status as "confidential employees," meaning they have access to confidential labor matters not known to the union which could unfairly affect negotiations over collective bargaining. In part because both workers classify as "political appointees" with access to confidential information under the relevant statute, the board's decision is supported by substantial evidence and was properly upheld, even though the superior court committed harmless error by relying on federal law and the "labor-nexus test" rather than the relevant statute. Affirmed.
Court: Virgin Islands Supreme Court, Judge: Cabret, Filed On: February 7, 2024, Case #: 2024 VI 9, Categories: Agency, Labor / Unions
J. Jorgensen finds that the lower court properly granted the state's motion to deny defendant pretrial release on charges of home invasion and domestic battery. The evidence supports a finding that defendant committed an offense that qualified the state to request his detention as he forcibly entered his wife's relative's home demanding to see his children and injured a relative who tried to eject him. Affirmed.
Court: Illinois Appellate Court, Judge: Jorgensen, Filed On: February 7, 2024, Case #: 230475, Categories: Bail, Domestic Violence
J. Rovner finds that the lower court properly imposed a sentencing enhancement based on defendant's knowledge that he was selling a weapon to a felon. The plea agreement is ambiguous as to the timing of defendant's knowledge, so defendant cannot rely upon that plea agreement to establish a timeline. Affirmed.
Court: 7th Circuit, Judge: Rovner, Filed On: February 7, 2024, Case #: 22-2538, Categories: Firearms, Sentencing, Plea
J. Ortego finds that the trial court improperly denied the creditor's motion to confirm default judgment after it sought to rescind a contract relating to the credit sale of property. The trial court lacked the power to dismiss the creditor's action "on its own motion." Reversed.
Court: Louisiana Court Of Appeal, Judge: Ortego, Filed On: February 7, 2024, Case #: CA-23-464, Categories: Fraud, Property, Contract