172 results for 'filedAt:"2024-02-21"'.
J. Silva denies, in part, the school district's motion for summary judgment on a former teacher's claims of race and gender-based discrimination, in which she says she was denied access to various essentials, including training, license renewal, recognition, and inclusion in staff communications. The school concedes the decision to reassign her was a product of her medical leave, which creates a genuine issue of material fact sufficient to survive summary judgment.
Court: USDC Nevada, Judge: Silva , Filed On: February 21, 2024, Case #: 2:21cv23, NOS: Other Civil Rights - Civil Rights, Categories: Evidence, Employment Discrimination, Employment Retaliation
J. Holcomb denies in part the government's motion to dismiss a son's allegations of both negligent and intentional infliction of emotional distress after his father, an immigration detainee, died due to complications from Covid-19 while in ICE custody. "The conduct at issue is not the type that is generally shielded by the discretionary function." The government was required to assess whether the father could potentially be released after he contracted Covid-19. The portions of the son's claims which center on the ICE's concealment of the seriousness of his father's condition and subsequent death continue.
Court: USDC Central District of California, Judge: Holcomb, Filed On: February 21, 2024, Case #: 5:23cv380, NOS: Other Personal Injury - Torts - Personal Injury, Categories: Tort, Covid-19
J. Wan finds that the lower court improperly denied the prisoner's motion to compel the DA's production of all crime scene reports, police memos, witness statements, and video recordings related to defendant's murder conviction. Defendant's request will not interfere with the federal habeas petition, given his use of known and accepted practices intended to pause adjudication of the federal habeas proceeding pending the outcome of state proceedings. Reversed.
Court: New York Appellate Divisions, Judge: Wan, Filed On: February 21, 2024, Case #: 00908, Categories: Public Record
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. Golemon finds the trial court properly convicted defendant for possession with intent to deliver and manufacture a controlled substance. Although he was arraigned outside the presence of the jury, and in front of the sworn jury, defendant did not appear at his trial. The court sentenced him to 25 years in prison outside his presence. Defendant failed to explain his absence and did not file a motion for new trial or supplement the record with evidence explaining his absence. The appeals court defers to the trial court’s voluntariness determination. Affirmed.
Court: Texas Courts of Appeals, Judge: Golemon , Filed On: February 21, 2024, Case #: 09-23-00106-CR, Categories: Drug Offender, Sentencing, Due Process
J. Warner finds that the trial court improperly dismissed breach of contract claims a contractor brought against a window and door installation company because the contract, which was not attached to the complaint, failed to compel dismissal of the allegations. Reversed in part.
Court: Florida Courts Of Appeal, Judge: Warner, Filed On: February 21, 2024, Case #: 4D2022-2603, Categories: Construction, Contract
J. Warner finds that the trial court properly ruled for BJ's Wholesale Club in claims alleging violations of Florida's Motor Fuel Marketing Practices Act because BJ's sells fuel at a reduced price to members, not the general motoring public.
Court: Florida Courts Of Appeal, Judge: Warner, Filed On: February 21, 2024, Case #: 4D2023-0075, Categories: Consumer Law
J. Miller finds that defendant was properly convicted of counts including second degree murder and first degree feticide for a drive-by shooting that killed a woman and her unborn child. Defendant's motion for mistrial was correctly denied since he was not prejudiced by a sergeant's testimony about the contents of surveillance video that was inadvertently destroyed. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Miller, Filed On: February 21, 2024, Case #: 2023KA0361, Categories: Criminal Procedure, Jury, Murder
J. Wooten finds that the lower court improperly declared that Local Law No. 11 does not violate the New York State Election Law. The law created a new class of voters called "municipal voters" who would be entitled to vote in municipal elections if they are authorized to work in the U.S. and a resident of New York City for more than 30 days. It would authorize approximately 800,000 non-U.S. citizens to vote and dramatically increase the pool of eligible voters. However, the law violates the New York State Constitution that limits voting exclusively to "citizens." Reversed.
Court: New York Appellate Divisions, Judge: Wooten, Filed On: February 21, 2024, Case #: 00891, Categories: Constitution, Elections
J. Miller finds the trial court properly adjudicated defendant delinquent in his battery case and sentenced him to one year of supervision by the Department of Juvenile Justice. The trial court did not err by admitting into evidence surveillance video of defendant punching another resident at the group home where they lived, as a group home employee and a police officer acting as witnesses authenticated the video and vouched for what it depicted. Affirmed.
Court: Florida Courts Of Appeal, Judge: Miller, Filed On: February 21, 2024, Case #: 22-1697, Categories: Evidence, Juvenile Law, Battery
J. Bokor finds the trial court partially erred by vacating a default judgment in the citizen's favor and denying the real estate company owner's cross-appeal of the denial of his motion to quash service of process. The portion of the trial court's order regarding the owner's challenge to service stands, as he has not brought evidence countering the record's showing that a process server personally served him at his company's Miami address. However, there is no support for the trial court's finding of excusable neglect regarding the owner's failure to timely respond to the lawsuit, so that portion of the trial court's order is reversed. The case is remanded for the trial court to re-enter the default judgment. Affirmed in part.
Court: Florida Courts Of Appeal, Judge: Bokor, Filed On: February 21, 2024, Case #: 23-1026, Categories: Civil Procedure, Real Estate
J. Ludwig enters an order constructing the claims in the technology and intellectual property company's lawsuit alleging a mobile app IKEA uses to help customers locate products in its stores violates the company's patents. The court lays out the construction of disputed terms such as "user interface," "a method of providing product location information within a store," and "a system for providing product-related information within a store" and constructs the plain and ordinary meanings of undisputed terms such as "mobile device." The parties are ordered to meet and confer on dates regarding discovery and dispositive motions.
Court: USDC Eastern District of Wisconsin, Judge: Ludwig, Filed On: February 21, 2024, Case #: 2:21cv789, NOS: Patent - Property Rights, Categories: Patent
J. Murphy finds the trial court properly convicted defendant for drug trafficking and firearms charges. Officers conducted a search of defendant's home based upon information from a different investigation for theft, finding a white crystal substance in plain sight. The ensuing warranted search yielded several glass pipes, as well as digital scales and plastic bags containing particles of meth. Over three pounds of meth were also seized, as well as rifles and $16,000 in cash. Evidence concerning an untested substance was relevant and admissible, and not outweighed by any possible prejudice. Affirmed.
Court: Arkansas Court Of Appeals, Judge: v, Filed On: February 21, 2024, Case #: CR-23-103, Categories: Drug Offender, Evidence, Search
J. Harrison finds the county court improperly refused to enter judgment for the father's arrearage of $15,000 and $18,000 in interest under a registered support order from Alaska. Though the court concluded the arrearage was no longer collectable under the Uniform Interstate Family Support Act, the record includes undisputed evidence of the father's obligations, demonstrating he was in arrears. Collection procedures are provided by the law of the state where the support order is registered. There are no limitations on the enforcement of child support judgments in Arkansas, and, therefore, the enforcement office's attempt to enforce the arrearage was timely. Reversed.
Court: Arkansas Court Of Appeals, Judge: Harrison , Filed On: February 21, 2024, Case #: CV-23-120, Categories: Administrative Law, Debt Collection, Family Law
Per curiam, the appellate division finds that the lower court improperly denied Bloomberg's motion to dismiss tortious interference claims along with breach of contract claims brought by a construction company. Bloomberg submitted evidence conclusively establishing that the 2005 agreement was in effect at the time of its notice of termination, not a 2010 agreement, which entitled Bloomberg to terminate the agreement upon written notice. Reversed in part.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: February 21, 2024, Case #: 00892, Categories: Tort, Contract
J. Greer finds that defendant was properly sentenced after he pleaded guilty to neglect or abandonment of a dependent person and entered an Alford plea to child endangerment resulting in bodily injury because his young child, who had Down syndrome, had been found with a brain bleed; was significantly underweight; and tested positive for alcohol, cocaine, and methamphetamine. Affirmed.
Court: Iowa Court Of Appeals, Judge: Greer, Filed On: February 21, 2024, Case #: 22-1805, Categories: Sentencing, Child Victims
J. Ahlers finds that health care providers were properly granted a directed verdict in claims contending more could have been done to extend a pregnancy concerning a premature birth because the parents failed to substantially prove a different course of treatment would have resulted in a better outcome. Affirmed.
Court: Iowa Court Of Appeals, Judge: Ahlers, Filed On: February 21, 2024, Case #: 22-1903, Categories: Medical Malpractice
J. Badding finds that defendant's request to modify sex offender registry requirements was properly denied because he refused to admit the facts of his crime and failed to complete sex offender treatment in light of his insincere admissions of guilt. Affirmed.
Court: Iowa Court Of Appeals, Judge: Badding, Filed On: February 21, 2024, Case #: 22-1967, Categories: Sentencing, Sex Offender
J. Dever grants a police officer’s motion to dismiss due process and state law tort claims brought by the husband of a woman who died after the officer crashed into her car. The husband argues that the investigator who arrived on the scene, seeing the officer as a fellow law enforcement official, systematically tampered with evidence and evaded the husband’s questions. However, state law prohibits a private citizen to challenge the criminal investigation of another person.
Court: USDC Eastern District of North Carolina, Judge: Dever, Filed On: February 21, 2024, Case #: 5:22cv381, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Vehicle, Police Misconduct
J. Bower finds that fraudulent transfer of property claims plaintiff brought against his ex-girlfriend were properly dismissed because he willingly transferred property to her after being sentenced for federal drug charges, then later voluntarily dismissed his claims against her. Affirmed.
Court: Iowa Court Of Appeals, Judge: Bower, Filed On: February 21, 2024, Case #: 23-0059, Categories: Fraud, Property
J. Tabor finds that the parties' parental rights were properly terminated based on long-standing substance abuse issues and because they could not care for their children, who suffered significant developmental delays. Affirmed.
Court: Iowa Court Of Appeals, Judge: Tabor, Filed On: February 21, 2024, Case #: 23-1930, Categories: Family Law