194 results for 'filedAt:"2024-02-29"'.
J. Nunley denies, in part, a mortgage company’s motion for summary judgment on a homeowner’s action arising from an insurance dispute. There are disputes of fact regarding her claims for violations of the Real Estate Settlement Procedures Act and for breach of fiduciary duty.
Court: USDC Eastern District of California, Judge: Nunley, Filed On: February 29, 2024, Case #: 2:22cv437, NOS: Insurance - Contract, Categories: Real Estate, Fiduciary Duty, Banking / Lending
J. Meyer denies the state marshal's motion for summary judgment, ruling that while there is no direct evidence he was the one who damaged the tenant's belongings following her eviction, his control over the eviction process and circumstantial evidence, including the tenant's claim he was "angry, violent, and vicious," especially after she slammed the door on his foot, is sufficient to allow the civil rights claim to proceed.
Court: USDC Connecticut, Judge: Meyer, Filed On: February 29, 2024, Case #: 3:21cv1379, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Evidence
J. Silva finds that the lower court improperly overruled the doctors' objection to an expert report in this medical malpractice case. The expert report fails to adequately explain how the alleged breach of care caused the appellee's injuries, and it also "fails to address foreseeability." However, the patients will be given a chance to cure the report's deficiencies. Accordingly, the matter is remanded for further proceedings. Reversed.
Court: Texas Courts of Appeals, Judge: Silva, Filed On: February 29, 2024, Case #: 13-23-00234-CV, Categories: Civil Procedure, Experts, Medical Malpractice
J. Silva finds that the lower court properly denied the county's plea to the jurisdiction in this contract case arising from a hurricane's "landfall and resulting destruction along the Coastal Bend." The appellee contends that it is owed for certain remediation work, and it sufficiently "pleaded facts that would support a waiver of immunity." Affirmed.
Court: Texas Courts of Appeals, Judge: Silva, Filed On: February 29, 2024, Case #: 13-23-00324-CV, Categories: Civil Procedure, Jurisdiction, Contract
J. Hodges finds that the trial court improperly revoked 24 years of defendant's probation for aggravated assault. Although the trial court correctly found that defendant violated his probation in one county by committing the new aggravated assault offense of choking his ex-girlfriend, the trial court's order incorrectly found that defendant committed other probation violations in another county for which the state did not provide evidence. The one-year delay between the probation revocation petition and the hearing did not violate defendant's due process rights. Affirmed in part.
Court: Georgia Court of Appeals, Judge: Hodges, Filed On: February 29, 2024, Case #: A23A1395, Categories: Probation, Assault
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J. Benavides finds in this interlocutory appeal that the lower court improperly denied the appellants' dismissal motion in this health care liability action alleging that a patient was not properly placed on a gurney. The appellee failed to properly file the expert report as required, specifically as to the "mandatory deadline." Also, the appellants' did not waive their right to dismissal by participating in discovery or waiting to file the dismissal motion. Reversed.
Court: Texas Courts of Appeals, Judge: Benavides, Filed On: February 29, 2024, Case #: 13-23-00353-CV, Categories: Civil Procedure, Experts, Medical Malpractice
J. Markle finds that the trial court properly ruled partially in favor of the surgeons in a medical malpractice action brought by the patient arising from rectal injuries she suffered after a laparoscopic hysterectomy. The trial court correctly found that the surgeons are not vicariously liable for the acts or omissions of a medical student who participated in the procedure. There was no employment relationship between the surgeons and the student. Affirmed.
Court: Georgia Court of Appeals, Judge: Markle, Filed On: February 29, 2024, Case #: A23A1419, Categories: Medical Malpractice
J. Gray finds that the mother's parental rights were properly terminated based on sufficient evidence that she constructively abandoned the child. The mother missed the majority of her allowed weekly visits with the child and in one instance said she could not make a visit because she "was in Dallas working on her rap career." Affirmed.
Court: Texas Courts of Appeals, Judge: Gray, Filed On: February 29, 2024, Case #: 10-23-00288-CV, Categories: Evidence, Family Law
J. Grant finds that the district court properly convicted defendant of conspiracy to possess with intent to distribute meth and correctly denied defendant's motion for judgment of acquittal. The district court correctly instructed the jury that the government only had to show that defendant knew he possessed a controlled substance, not that he knew he possessed meth. Affirmed.
Court: 11th Circuit, Judge: Grant, Filed On: February 29, 2024, Case #: 22-13516, Categories: Drug Offender
J. Mortensen finds that the trial court should have required trust beneficiaries to more adequately disclose their expected testimonies supporting a challenge to a trustee's handling of a trust, but the error was harmless because the trustee was allowed to depose them on the subjects of their testimony. Also, a computation of damages was not needed to remove the trustee for his refusal to distribute most of the trust assets, so its omission was harmless. Affirmed.
Court: Utah Court Of Appeals, Judge: Mortensen, Filed On: February 29, 2024, Case #: 20220699-CA, Categories: Trusts, Fiduciary Duty
J. Cogburn grants the Postal Service’s motion to dismiss federal tort claims alleged by a driver after she claimed a postal employee crashed into her car. However, the driver did not correctly fill out a form required to sue the USPS, leaving out the amount of money she was claiming. Eventually, she filled it out correctly, but this was only after the two-year time limit to sue had already expired.
Court: USDC Western District of North Carolina, Judge: Cogburn, Filed On: February 29, 2024, Case #: 3:23cv657, NOS: Motor Vehicle - Torts - Personal Injury, Categories: Government, Tort, Vehicle
J. Chambers grants the Canadian shoe cover manufacturer's motion to dismiss the registered nurse's product liability suit claiming work-issued shoe covers she wore at the Hershel “Woody” Williams Veterans Affairs Medical Center in Huntington caused her to slip and fall "hard on her left side," injuring her left hip. shoulder and ulnar nerve. The court lacks personal jurisdiction to hear the case since the company not only "did not purposefully avail itself of West Virginia," but also "had no clue its shoe covers would end up in the Mountain State."
Court: USDC Southern District of West Virginia, Judge: Chambers, Filed On: February 29, 2024, Case #: 3:22cv88, NOS: Personal Injury - Product Liability - Torts - Personal Injury, Categories: Health Care, Product Liability, Jurisdiction
J. Egan finds that the lower court properly allowed a borrower to file a late answer to mortgage foreclosure claims because the borrower had been involved in unsuccessful pro se negotiations with the lender, which could not argue prejudice. The original 2011 foreclosure action had been dismissed in 2015 for neglect to prosecute, and no grace period applied the 2020 filing. Affirmed.
Court: New York Appellate Divisions, Judge: Egan, Filed On: February 29, 2024, Case #: 534805, Categories: Civil Procedure, Banking / Lending, Foreclosure
J. Clark finds that the lower court properly found for an insurer in claims seeking coverage for fire damage to a home acquired through foreclosure on a personal loan. The insurer provided irrefutable evidence that misrepresentations had been made in securing the landlord package policy, including that the insured claimed to own the property while it was in the midst of foreclosure. Affirmed.
Court: New York Appellate Divisions, Judge: Clark, Filed On: February 29, 2024, Case #: 534941, Categories: Insurance, Foreclosure
J. Reynolds Fitzgerald finds that the lower court improperly dismissed malpractice claims brought against an orthopedist and hospital after arthroscopic knee surgery led to a staph infection that ultimately required total knee replacement. The patient's medical expert raised triable issues of fact as to whether infection should have been suspected earlier and whether tests should have been performed to rule out the possibility. Reversed.
Court: New York Appellate Divisions, Judge: Reynolds Fitzgerald, Filed On: February 29, 2024, Case #: 535732, Categories: Experts, Medical Malpractice
J. Aarons finds that the lower court properly declined to vacate default judgment of foreclosure for back property taxes. The property owner contends he did not receive notice since a similar action had been withdrawn, but no new petition was required to reinstate foreclosure. Meanwhile, the appeal was not mooted by the county's sale of one of the parcels to a third party. Affirmed in part.
Court: New York Appellate Divisions, Judge: Aarons, Filed On: February 29, 2024, Case #: 535873, Categories: Civil Procedure, Tax, Foreclosure
J. Longoria finds that the lower court properly denied the appellant's motion to dismiss the defamation claims against her pursuant to the Texas Citizens Participation Act. The Act applies, as the communications at issue, which include certain social media posts, are "a matter of public concern." However, the appellee adequately established a prima facie case for his claims, and the appellant fails to show that the statements were protected under the broadcaster privilege. Affirmed.
Court: Texas Courts of Appeals, Judge: Longoria, Filed On: February 29, 2024, Case #: 13-22-00146-CV, Categories: Civil Procedure, Defamation
J. Longoria finds that the lower court properly entered an order of civil commitment against the appellant after a jury found him to be a "sexually violent predator." Contrary to the appellant's argument, the evidence sufficiently establishes the "behavior abnormality" element required. Additionally, the court does not find the term "behavior abnormality" to be ambiguous, as he argues. Affirmed.
Court: Texas Courts of Appeals, Judge: Longoria, Filed On: February 29, 2024, Case #: 13-22-00439-CV, Categories: Civil Procedure, Evidence, Commitment
J. Berger finds the trial court erroneously granted the business partner's motion to pierce the corporate veil and hold the business entities liable for debts owed by the individual borrower. The piercing doctrine cannot be used to construe a disputed contractual term, such as the ambiguity found in the parties' settlement agreement. Meanwhile, the trial court properly granted the borrower's motion for summary judgment on the partner's civil theft claim because it was based on the same conduct as the contract claim. Affirmed in part.
Court: Colorado Court Of Appeals, Judge: Berger, Filed On: February 29, 2024, Case #: 2024COA22, Categories: Settlements, Contract
J. Grove finds the lower court properly determined the county could not be held liable for acceleration payments past fiscal year 2021 when it terminated a services agreement with the therapy provider. Those payments were predicated on appropriations the county never made. Affirmed in part.
Court: Colorado Court Of Appeals, Judge: Grove, Filed On: February 29, 2024, Case #: 2024COA24, Categories: Health Care, Contract
J. Forbes finds the evidence at trial was sufficient for the jury to convict defendant of voluntary manslaughter. His admission he shot the victim even though he claimed he acted in self-defense after being pushed satisfies the mens rea and is sufficient to prove he knowingly killed the victim under Ohio law. Meanwhile, testimony from witnesses that defendant walked toward the victim, who was on the ground, and fired additional shots after their initial altercation showed defendant was the aggressor, was not in imminent danger and was sufficient for the state to disprove his claim of self-defense. Affirmed.
Court: Ohio Court Of Appeals, Judge: Forbes, Filed On: February 29, 2024, Case #: 2024-Ohio-726, Categories: Evidence, Self Defense, Manslaughter
J. Medina finds the lower court properly granted the employer's motion to dismiss a worker's discrimination action. The forum and selection clause within the worker's employment contract was valid, and she could have filed her claims in Arizona, the state named in the forum selection clause. Affirmed.
Court: New Mexico Court of Appeals, Judge: Medina, Filed On: February 29, 2024, Case #: A-1-CA-39928, Categories: Employment, Contract
J. Johnson grants the Department of Energy's motion for summary judgment, ruling testimony from its employees regarding search efforts based on the nonprofit's Freedom of Information Act request, including the search terms used and the documents eventually produced by the search, is sufficient to satisfy the standards required for a document search under the Act.
Court: USDC New Mexico, Judge: Johnson, Filed On: February 29, 2024, Case #: 1:23cv343, NOS: Freedom of Information Act (FOIA) - Other Suits, Categories: Government, Public Record
J. Larsen finds the trial court properly denied defendant's motion to suppress during his sexual exploitation of a minor and child pornography case. Although the affidavit submitted by law enforcement for a search warrant included a misstatement about defendant operating a peer-to-peer network to host child pornography, the error was caused by a police officer using a template for the warrant and forgetting to delete certain information, a mistake that does not qualify as reckless behavior. Affirmed.
Court: 6th Circuit, Judge: Larsen, Filed On: February 29, 2024, Case #: 22-3793, Categories: Search, Sex Offender, Child Pornography