219 results for 'filedAt:"2024-02-28"'.
J. Van Meerveld grants a request by developers and a flooring company to dismiss civil racketeering claims by the father and son owners of a construction company, alleging they were defrauded into investing in a business deal to purchase, renovate and sell real estate. The litigants’ allegations are insufficient to show the necessary predicate acts, or independent illegal activity, required for a RICO claim. Not one allegation in the suit identifies a fraud or misrepresentation. Instead, the alleged acts can only reasonably be interpreted as preliminary negotiations of a legitimate business deal.
Court: USDC Eastern District of Louisiana , Judge: Van Meerveld, Filed On: February 28, 2024, Case #: 2:23cv565, NOS: Racketeer Influenced and Corrupt Organizations (RICO) - Other Suits, Categories: Evidence, Business Practices, Racketeering
J. Liburdi grants a resell homes technology company's motion to dismiss a group of retirement service providers' Exchange Act claims. The technology company, which launched an iBuyers real estate platform, sufficiently showed in court that it has not made misleading statements concerning its algorithm's pricing decisions.
Court: USDC Arizona, Judge: Liburdi, Filed On: February 28, 2024, Case #: 2:22cv1717, NOS: Securities/Commodities/Exchange - Other Suits, Categories: Fraud, Securities, Business Practices
J. Doss finds that the lower court properly terminated the father's parental rights to his children. Contrary to the father's argument on appeal, the evidence sufficiently supports the lower court's best interest finding. The record indicates unstable employment and "struggles with alcohol abuse." Affirmed.
Court: Texas Courts of Appeals, Judge: Doss, Filed On: February 28, 2024, Case #: 07-23-00373-CV, Categories: Civil Procedure, Family Law
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J. Virden finds the county court properly determined the trust acquired a tract of land by adverse possession and acquiescence. The disputed land on the boundary between lots owned by the competing trusts has been maintained and used by the one trust for decades. This maintenance has been variously done be the lessee of a portion of the land as well as by owner family members. Businesses have also paid rent to the trust for billboards erected on the disputed tract. No clear error is found in the court's decision that the trust proved acquisition, and the parties’ conduct demonstrates an implied agreement. Affirmed.
Court: Arkansas Court Of Appeals, Judge: Virden, Filed On: February 28, 2024, Case #: CV-22-532, Categories: Property, Contract
J. Litkovitz grants the media company's motion to dismiss, ruling that because the complaint filed by the female news anchor does not conclusively state it controlled the local news station or its employees and because her employment contract with the station does not mention the company, it is an improper defendant. However, the news station's motion to dismiss will be denied because the non-renewal of the anchor's contract satisfies requirements for an "adverse employment action," while the younger, male anchor with a similar disciplinary history qualifies as a comparator that allows the female anchor to establish a prima facie case for sex and age discrimination.
Court: USDC Southern District of Ohio, Judge: Litkovitz, Filed On: February 28, 2024, Case #: 1:23cv410, NOS: Employment - Civil Rights, Categories: Employment Discrimination
J. Abramson finds the trial court properly convicted defendant for sexual assault and sexual indecency with a child. Defendant was arrested after fleeing officers who were investigating a report of a man sexually propositioning minor females with money. Though defendant says that other victim testimony regarding identical prior sex acts was improperly admitted as prejudicial, the testimony was correctly admitted under the pedophile exception. Affirmed.
Court: Arkansas Court Of Appeals, Judge: Abramson , Filed On: February 28, 2024, Case #: CR-23-483, Categories: Evidence, Sex Offender, Child Victims
J. Pitman finds that the trial court properly denied defendant's motion to withdraw his guilty plea to attempted sexual battery. In this case, defendant was properly informed of his rights at the guilty plea hearing and does not show that his plea was involuntary. Further, defendant received the significant benefits of pleading to the reduced charge of attempted sexual battery rather than third degree rape, and he had an unauthorized entry of an inhabited dwelling charge dismissed, which reduced his sentence exposure from 31 years to five years. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Pitman, Filed On: February 28, 2024, Case #: 55,467-KA, Categories: Sex Offender, Plea
J. Pitman finds that the district court properly granted a stepfather's motion to adopt his stepchild. The Fifth Circuit Judicial District Court had jurisdiction over the matter because when the stepfather filed his petition for adoption, there was no ongoing or pending litigation in the Fourth Circuit Judicial District Court that would have given it the exclusive authority to hear and adjudicate the petition for adoption. In this case, the biological father's consent was not required because he did not pay child support without just cause for a period exceeding six months, and did not visit, communicate or attempt to communicate with the child for a period of over six months. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Pitman, Filed On: February 28, 2024, Case #: 55,622-JAC, Categories: Evidence, Family Law, Jurisdiction
J. Abramson finds the county court properly terminated the mother's parental rights to her child. The department filed a petition for emergency custody after treating physicians reported the mother's explanation for the child's broken femur and skull fracture was not plausible. The department also notes the mother suffers from delayed processing, and the putative father is bipolar and schizophrenic. After removal, the mother did not complete parenting or domestic-violence classes, and a caseworker testified she did not have the capacity to care for the child. Affirmed.
Court: Arkansas Court Of Appeals, Judge: Abramson , Filed On: February 28, 2024, Case #: CV-23-643, Categories: Evidence, Family Law, Guardianship
J. Hixson finds the county court improperly dismissed the homeowner's breach of contract claim. The customer alleges the painting company failed to complete work on her house in a professional and workmanlike manner, though the company denies it contracted to perform any work for her. Even though the company had filed a motion to dismiss prior to the homeowner's request for a dismissal without prejudice, her request for a nonsuit before submission of the case was absolute and should have been granted. Reversed.
Court: Arkansas Court Of Appeals, Judge: Hixson , Filed On: February 28, 2024, Case #: CV-23-85, Categories: Due Process, Contract
J. Stone finds that defendant was properly convicted of attempted aggravated rape. Testimony from the victim's sisters, which detailed defendant watching them while they undressed and bathed as children, smelling their dirty underwear, and having an erection while they sat on his lap, was properly admitted because it established defendant's lustful disposition towards children. Further, the evidence established that the victim and her sisters viewed defendant as a grandparent. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Stone, Filed On: February 28, 2024, Case #: 55,468-KA, Categories: Evidence, Sex Offender
J. Stone finds that defendant was properly convicted of attempted illegal possession of stolen firearms and attempted possession of a firearm by a person convicted of domestic abuse battery. In this case, defendant was the only occupant of a vehicle that contained a loaded gun next to a bag of chicken that defendant admitted to buying before the traffic stop. Further, the officer who performed the stop testified that defendant admitted that he gave the car owner money to buy a gun "off the street" once he told the defendant it was a stolen firearm. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Stone, Filed On: February 28, 2024, Case #: 55,537-KA, Categories: Evidence, Firearms
J. Cox finds that the calculation of a defendant owner's share of funds related to the liquidation of the parties' company should be remanded. The plaintiff owner's petition claimed that the defendant owner was liable for any monetary damages due to his mismanagement of the company. However, under statute, the defendant owner can only be held liable for any improper distribution of funds for two years from the date of the filing of the suit, and the liquidator's report does not reflect this. Affirmed in part.
Court: Louisiana Court Of Appeal, Judge: Cox, Filed On: February 28, 2024, Case #: 55,428-CA, Categories: Business Practices, Contract
J. Cox finds that defendant was properly sentenced to simple burglary of an inhabited dwelling. In this case, defendant was identified in a photo lineup by the victim as the person who knocked items off the bathroom window while trying to enter the house, and there was surveillance video showing defendant walking across the victim's driveway. Further, although defendant did not fully enter the house, his upper body crossed the threshold when he tried to enter through the window. Affirmed in part.
Court: Louisiana Court Of Appeal, Judge: Cox, Filed On: February 28, 2024, Case #: 55,579-KA, Categories: Burglary, Evidence
J. Stephens finds that the trial court properly found for an insurer on an insured's claim that the insurer did not make full payment to cover roof damages sustained during a hurricane. The record shows that the insurer properly compensated the insured for the damages to her home by providing the full replacement cost value, even though the repairs to her home are incomplete. Although the insured is unsatisfied with the contractor's work on the house, the insurer has fulfilled its obligations. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Stephens, Filed On: February 28, 2024, Case #: 55,381-CA, Categories: Insurance, Contract
J. Stephens finds that defendant should not have been convicted of possession of a firearm by a convicted felon. The state did not show that defendant's prior conviction for third offense domestic abuse battery could prohibit him from possessing a firearm because that offense is not enumerated as one of the “crimes of violence” under statute. Reversed in part.
Court: Louisiana Court Of Appeal, Judge: Stephens, Filed On: February 28, 2024, Case #: 55,449-KA, Categories: Evidence, Firearms
J. Ellender finds that the trial court properly dismissed a father's medical malpractice claim against a neurosurgeon for alleged deficiencies in the treatment of his deceased son. In this case, the son's vagal nerve stimulator to treat his seizures did not have a dead battery when the son visited the neurosurgeon, as the father alleges, but the battery was at eight to eighteen percent power. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Ellender, Filed On: February 28, 2024, Case #: 55,434-CA, Categories: Evidence, Medical Malpractice
J. Gravois finds that defendant was properly convicted of aggravated burglary. There was testimony from a witness that he drove defendant and his accomplices to the house that was burglarized and that they entered wearing knit caps and gloves and with guns. There was surveillance video showing defendant hiding under the carport after the burglary, and defendant's DNA was found on a discarded knit cap. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Gravois, Filed On: February 28, 2024, Case #: 19-KA-77, Categories: Burglary, Evidence
J. Strand grants Tyson Foods summary judgment in claims contending Tyson employees defamed a manager after an employee's tires had been found slashed a day following an altercation with the manager. Evidence indicated the manager had been the culprit, and a company email indicating he was no longer employed by Tyson did not constitute defamation.
Court: USDC Northern District of Iowa, Judge: Strand, Filed On: February 28, 2024, Case #: 6:22cv2004, NOS: Assault, Libel, & Slander - Torts - Personal Injury, Categories: Employment, Defamation
J. Brown partially grants the couple's motions to dismiss an action brought by the ex-girlfriend alleging that the couple violated the Violence Against Women Reauthorization Act by showing people at a restaurant an intimate video of the ex-girlfriend without her consent. She sufficiently alleges that the couple's behavior in showing the video on a phone to other people at a public restaurant counts as "disclosing" it. Since a phone is an instrumentality of interstate commerce, the use of a phone to show the video satisfies the statutory requirements.
Court: USDC Northern District of Georgia, Judge: Brown, Filed On: February 28, 2024, Case #: 1:23cv3169, NOS: Other Personal Injury - Torts - Personal Injury, Categories: Privacy
J. Epps recommends that the former teacher's civil rights and unfair credit reporting action against the investigator, deputy, county, company and other parties be dismissed. The action arose after the deputy filed a police report and the investigator obtained an arrest warrant for the teacher based on allegedly false identity fraud accusations made by the teacher's daughter. The teacher fails to properly state a conspiracy claim against anyone. The action fails to allege communications between any of the parties that resulted in an agreement to deny the teacher any constitutional right.
Court: USDC Southern District of Georgia, Judge: Epps, Filed On: February 28, 2024, Case #: 1:23cv148, NOS: Consumer Credit - Other Suits, Categories: Civil Rights, Due Process
J. Houston grants San Diego State University's anti-SLAPP motion to strike the student's state claims over disciplinary measures that were taken against him alleging that he participated in fraternity hazing. The negligence claims fail because the disciplinary charges were dropped with no negative remarks on his transcript and the student was able to graduate, so he did not suffer damages. His emotional distress claim fails because he provides only conclusory statements to support his allegations.
Court: USDC Southern District of California, Judge: Houston, Filed On: February 28, 2024, Case #: 3:21cv2131, NOS: Education - Civil Rights, Categories: Anti-slapp, Negligence, Emotional Distress
J. McCullough finds the lower court improperly determined that the originating court abused its discretion in declining to provide funds to retain several experts who would assist the defendant in challenging his confession. The defendant admitted to four counts of rape and one count of object sexual penetration of a child under the age of thirteen. The defendant later sought to hire a psychologist to assist him in court on the subject of mental deficits that make a person vulnerable to coercive interrogation tactics. The jury could view the video of the interrogation and evaluate the impact of the police tactics for themselves meaning he did not require an expert on the subject of police interrogation tactics.
Court: Virginia Supreme Court, Judge: McCullough, Filed On: February 28, 2024, Case #: 220382, Categories: Jury, Sex Offender, Child Victims