154 results for 'filedAt:"2024-02-09"'.
J. Fowlkes dismisses this lawsuit regarding an alleged public nuisance with prejudice, based on the pro se plaintiff's failure to state a claim. The pro se plaintiff is entitled to represent herself, but she cannot represent any organizations, as she is not an attorney. Also, she lacks standing to assert her substantive claims, as she does not have an interest in the property.
Court: USDC Western District of Tennessee , Judge: Fowlkes, Filed On: February 9, 2024, Case #: 2:23cv2436, NOS: Other Contract - Contract, Categories: Civil Procedure, Real Estate
J. McDonald finds that an employee was improperly denied his petition for judicial review of an agency decision denying his claim for workers’ compensation benefits. The employee did not seek compensation for a preexisting disability, but rather sought compensation only for a new permanent partial disability unrelated to his first injury incident. Reversed.
Court: Iowa Supreme Court, Judge: McDonald, Filed On: February 9, 2024, Case #: 22-1894, Categories: Workers' Compensation
J. Waterman finds that an employee was improperly limited in seeking reimbursement for an independent medical examination in workers' compensation claims. The employee was entitled to costs of the examination performed in determining impairment, not merely component costs of the impairment rating itself. Affirmed in part.
Court: Iowa Supreme Court, Judge: Waterman, Filed On: February 9, 2024, Case #: 22-0471, Categories: Workers' Compensation
Per curiam, the court of appeals finds in this interlocutory appeal that the lower court properly dismissed the appellees' product liability claims without prejudice but improperly granted them leave to amend their pleadings as to the appellant company. Due to the dismissal, the appellees "no longer had any pleadings" against the appellant company to amend. Accordingly, the matter is remanded for further proceedings. Affirmed in part.
Court: Texas Courts of Appeals, Judge: Per curiam, Filed On: February 9, 2024, Case #: 05-23-00662-CV, Categories: Civil Procedure, Product Liability
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J. McAuliffe grants three care facilities’ motion to dismiss claims brought against them for allegedly neglecting to properly care for a senior who needed their services. It’s unclear if the senior, who has since passed away, reestablished a domicile in Maine prior to his death.
Court: USDC New Hampshire, Judge: McAuliffe, Filed On: February 9, 2024, Case #: 1:23cv230, NOS: Other Personal Injury - Torts - Personal Injury, Categories: Health Care, Negligence, Elder Abuse
J. Gratton holds that the magistrate court properly terminated a father's parental rights based on clear and convincing evidence of abandonment. He willfully failed to maintain a normal parent-child relationship or provide support for five years. But the magistrate court must redo its analysis to apply the best interest factors for termination cases instead of the factors for divorce custody cases. Vacated.
Court: Idaho Court Of Appeals, Judge: Gratton, Filed On: February 9, 2024, Case #: 51137, Categories: Family Law
[Modified.] J. Moore finds the trial court erred in deciding to grant an anti-SLAPP motion. A company's press releases fall under the commercial speech exemption to the anti-SLAPP statute, so it must face a business partner's allegations that its press releases misrepresented and improperly disclosed the partner's confidential information. Reversed in part.
Court: California Courts Of Appeal, Judge: Moore, Filed On: February 9, 2024, Case #: G061535, Categories: Anti-slapp
J. Shepard finds that defendant properly had firearms and ammunition seized under Indiana's "Red Flag Law." The evidence shows that defendant threatened to shoot police and that the seizing of his firearms was warranted. In addition, defendant did not follow the proper procedure to allow his firearms to be released to a third party. Affirmed.
Court: Indiana Court Of Appeals, Judge: Shepard, Filed On: February 9, 2024, Case #: 23A-CR-1489, Categories: Evidence, Firearms
J. Mawla finds that the trial court improperly denied the husband's motion to amend his answer to the wife's divorce complaint to include a counterclaim for divorce on grounds of extreme cruelty. The ability to amend a pleading should not be denied because it could exacerbate the rapport between the parties. Furthermore, the case was not too advanced to disallow the amendment, as the parties did not have a trial date, discovery was still outstanding, and the case is complex. Reversed.
Court: New Jersey Appellate Division, Judge: Mawla, Filed On: February 9, 2024, Case #: A-0434-23, Categories: Family Law
J. Easton finds that the lower court improperly ruled for a police chief and the city legal advisor in defamation claims brought after a political candidate publicly accused them of racism and sexism because the candidate's statements constituted opinion. Reversed in part.
Court: Kentucky Court Of Appeals, Judge: Easton, Filed On: February 9, 2024, Case #: 2022-CA-1283-MR, Categories: Defamation
J. King finds in partial favor of the county against the gas company's complaint that the county stopped accepting the plant condensate, a byproduct of its landfill gas conversion process, resulting in the closure of the gas company's landfill gas processing plant. The gas company argues that the plant condensate eventually makes its way to Puget Sound so the gas company's operations are subject to a Clean Water Act permit, but the plant condensate goes through a complicated process before reaching Puget Sound without traveling through a non-point source like the groundwater in the cited "County of Maui" to navigable waters.
Court: USDC Western District of Washington, Judge: King, Filed On: February 9, 2024, Case #: 2:23cv542, NOS: Other Contract - Contract, Categories: Environment, Water, Contract
J. Lewis finds the trial court properly denied defendant's motion to suppress search evidence obtained from a home owned by his father during his trial on drug and weapons charges. The warrant obtained by police was supported by probable cause, including testimony from a confidential informant who observed a large quantity of cocaine inside the residence and the fact that garbage was not routinely taken to the curb for collection despite a significant amount of foot traffic at the property. Meanwhile, defendant's drug and weapons convictions were supported by sufficient evidence, including that he was the primary individual seen going to the home over the course of a two-year investigation, had bills delivered to his name at the address, and was found within arm's reach of a weapon when police executed the search warrant. Affirmed.
Court: Ohio Court Of Appeals, Judge: Lewis, Filed On: February 9, 2024, Case #: 2024-Ohio-484, Categories: Drug Offender, Evidence, Search
J. Sweeney partially denies a motion to strike expert opinions in a construction defects suit. The expert can testify about the relevant insurance industry standards concerning an insurer's duty to investigate claims and whether QBE Insurance's conduct was consistent with industry standards. However, he may not testify as to whether QBE's conclusions were unreasonable.
Court: USDC Colorado, Judge: Sweeney, Filed On: February 9, 2024, Case #: 1:21cv2520, NOS: Insurance - Contract, Categories: Insurance, Experts
J. McDonald finds that the district court improperly suppressed the results of a blood test after defendant was arrested for DUI. Iowa Code Chapter 808 authorizes law enforcement officers to apply for, obtain, and execute search warrants for bodily specimens, and the deputy had good cause to apply for the warrant since defendant had been in a hit-and-run incident and appeared to be intoxicated. Reversed.
Court: Iowa Supreme Court, Judge: McDonald, Filed On: February 9, 2024, Case #: 22-1531, Categories: Search, Dui
J. Caldwell finds for a car dealership accused of taking illegal wage deductions from a salesman because less-than-glowing customer service surveys, failed mystery shopper assessments, and low conversion rates on potential trade-in deals constituted agreed-upon considerations in determining compensation. Affirmed.
Court: Kentucky Court Of Appeals, Judge: Caldwell, Filed On: February 9, 2024, Case #: 2022-CA-1371-MR, Categories: Employment
Per curiam, the appellate division finds that the trial court improperly dismissed claims contending a dental practice improperly extracted a patient's tooth because the patient's expert affidavit did not provide an opinion as to whether one of the dental professionals deviated from the standard of care. Reversed in part.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: February 9, 2024, Case #: CA 23-00087, Categories: Experts, Medical Malpractice
J. May finds that the lower court properly dismissed tort claims contending a child died a day after a feeding tube had been dislodged during treatment at the University of Iowa Hospitals and Clinics. While the parents did not present separate individual claims, claims brought by the estate for the child may proceed. Affirmed in part.
Court: Iowa Supreme Court, Judge: May, Filed On: February 9, 2024, Case #: 22-0759, Categories: Civil Procedure, Medical Malpractice
Per curiam, the Vermont Supreme Court finds the trial court properly terminated a mother’s parental rights to her child. The evidence supports the finding regarding the mother’s stagnation was due to her choices within her control and it is in the best interest of the child. Affirmed.
Court: Vermont Supreme Court, Judge: Per curiam, Filed On: February 9, 2024, Case #: 23-AP-279, Categories: Family Law, Guardianship
J. Nardacci trims a trade secrets complaint brought by a tugboat services operator that alleges a former employee misappropriated various files related to the company’s tugboats while working for a competitor, such as their tugboats’ respective seaworthiness and what equipment they had onboard. The litigant sufficiently pleads the information constituted trade secrets and that the former employee accessed the information several times while working for the rival firm. Additionally, its claims under the Defense Trade Secrets Act can be imputed to the rival company because the former employee worked as a manager when he allegedly stole the information.
Court: USDC Northern District of New York, Judge: Nardacci, Filed On: February 9, 2024, Case #: 1:23cv163, NOS: Defend Trade Secrets Act of 2016 (DTSA) - Property Rights, Categories: Trade Secrets
J. Wiley finds that the trial court properly upheld the state's order for a hospital to include in the patient days it reports for Medi-Cal reimbursement the bed hold days at its long-term facility. The state's "Long-Term Manual" is more specific than the "Hospital Manual" about bed holds, through which beds are kept available for patients who are likely to return soon, and specific statutes control over general ones. Affirmed.
Court: California Courts Of Appeal, Judge: Wiley, Filed On: February 9, 2024, Case #: B316529, Categories: Medicaid
J. Stargel finds the trial court improperly denied the college’s motion to dismiss student’s complaint against the college for charging mandatory fees during the Covid-19 pandemic and not allowing in-person classes. The student fails to allege an express contract that could defeat the claim of sovereign immunity. The college in fact is entitled to the dismissal on the contract claim. Reversed.
Court: Florida Courts Of Appeal, Judge: Stargel, Filed On: February 9, 2024, Case #: 6D23-161, Categories: Education, Immunity, Contract
J. Pechman awards the insured $49,500 in attorney fees for their complaint that the insurance company wrongfully denied the minor rehabilitation services without a full and fair review. The insurance company's bad faith and culpability warrants attorney fees, because while the insurance company argues that it only needs to show that the insurance company had a reasonable basis to deny coverage to qualify as good faith, this argument misreads the court's order on cross-motions and relies on two inapplicable 9th Circuit cases.
Court: USDC Western District of Washington, Judge: Pechman, Filed On: February 9, 2024, Case #: 2:22cv1517, NOS: Employee Retirement Income Security Act (ERISA) - Labor, Categories: Erisa, Insurance, Attorney Fees
Per curiam, the Vermont Supreme Court finds that the family court properly granted a father’s motion to modify parent-child contact as to his child. The mother argues the court did not gave insufficient weight to her stating the father physically harmed the child during their marriage and his history with substance abuse. However, she failed to show enough evidence at the evidentiary hearing. Affirmed.
Court: Vermont Supreme Court, Judge: Per curiam, Filed On: February 9, 2024, Case #: 23-AP-292, Categories: Family Law, Guardianship