202 results for 'filedAt:"2024-03-06"'.
J. Bunning rules in part for an employer in discrimination claims because evidence indicates the employee was fired for insubordination, not due to his race. However, the employee may continue claims contending the contract was violated when his job duties were altered prior to termination.
Court: USDC Eastern District of Kentucky, Judge: Bunning, Filed On: March 6, 2024, Case #: 2:22cv26, NOS: Employment - Civil Rights, Categories: Employment, Employment Discrimination, Contract
J. Hellman finds the trial court properly rejected defendant’s habeas corpus petition. “There was no genuine issue of material fact regarding plaintiff’s treatment, especially in light of the uncontroverted facts that DOC offered him DBT as a result of his mental health screening and diagnosis, yet he declined those services.” Affirmed.
Court: Oregon Court of Appeals, Judge: Hellman, Filed On: March 6, 2024, Case #: A178635, Categories: Habeas
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J. Brown finds that the trial court properly held that a city's nuisance determinations were procedurally fair since they rested on zoning violations. But the city's appeals process for both zoning and building code violations that involves a single hearing officer is preempted by state law. The city must establish an appeals board or agency or allow its governing body to hear appeals as required by state law. Reversed in part.
Court: California Courts Of Appeal, Judge: Brown, Filed On: March 6, 2024, Case #: A167719, Categories: Property, Preemption, Zoning
J. Cain denies summary judgment to an insurer that paid more than $8.4 million in hurricane damage claims to a nonprofit corporation providing housing for the physically and mentally disabled. The nonprofit seeks statutory penalty amounts for bad faith, arising from allegedly untimely payments of the policy proceeds. The record shows there was “significant back and forth communication” between the nonprofit’s general contractors, the insurer’s adjusters and the insurer regarding the payment of various expenses. Whether any one payment was withheld or delayed in an arbitrary and capricious manner in violation of the statutes is dependent upon the facts known to the insurer at the time of its actions.
Court: USDC Western District of Louisiana , Judge: Cain, Filed On: March 6, 2024, Case #: 2:22cv3042, NOS: Insurance - Contract, Categories: Evidence, Damages, Experts
J. Wedemeyer finds the lower court properly convicted defendant of assault, kidnapping, possession with intent to sell or deliver heroin, four counts of possession with the intent to sell or deliver four different scheduled drugs, and possession of drug paraphernalia. Police were called to respond to a possible domestic disturbance at a motel. The room in which defendant had been staying was the subject of the call and subsequent search where a variety of drugs and paraphernalia were discovered; and evidence of assault against defendant’s girlfriend was also observed. Though defendant argues search of the motel room and cell phones was not proper, the lower court found no error with the searches and the instant court agrees. Evidence is sufficient to support defendant’s convictions and effective sentence to 14-years incarceration. Affirmed.
Court: Tennessee Court of Criminal Appeals, Judge: Wedemeyer, Filed On: March 6, 2024, Case #: M2022-01233-CCA-R3-CD, Categories: Drug Offender, Evidence, Assault
J. Pallmeyer partially grants the defendant U.S. Veterans Affairs Department’s motion for summary judgment on a former employee’s race discrimination and Title VII retaliation claims. The former employee, a Black man, claims the VA fired him in retaliation for a heated argument he had with a white coworker that almost boiled over into a fight. However, the court found the VA also had reasonable cause to fire the employee due to lapses in attendance and work protocol. The court grants judgment to the VA on the former employee’s race discrimination claims, but withholds judgment on his Title VII retaliation claim pending a de novo review.
Court: USDC Northern District of Illinois, Judge: Pallmeyer, Filed On: March 6, 2024, Case #: 1:17cv9259, NOS: Employment - Civil Rights, Categories: Veterans, Employment Discrimination, Employment Retaliation
J. Morris denies a motion for a preliminary injunction against the owner of a golf course after an environmental group claimed there were ponds on the course that were being improperly filled with reclaimed water, among other claims of improper water usage. The group is not likely to succeed on the merits of its case, largely due to the fact that it has not been able to show that the ponds constitute "point sources" that discharge pollutants. Without any more specifics that would bolster the case, the group has not met the high bar of justifying a preliminary injunction.
Court: USDC Montana, Judge: Morris, Filed On: March 6, 2024, Case #: 2:23cv26, NOS: Environmental Matters - Other Suits, Categories: Environment, Water, Injunction
J. Savoie finds that defendant was properly convicted of second degree murder for the shooting death of his estranged wife who had a restraining order against him. There was sufficient evidence to convict defendant of the crime, and this includes the testimony of the victim's daughter that placed him inside the home shortly before the murder. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Savoie, Filed On: March 6, 2024, Case #: KA-23-259, Categories: Evidence, Murder
J. Kitchin finds a lower court improperly dismissed a lifestyle company's trademark claims against Amazon. Amazon argued that it was entitled engage in cross-border Internet marketing sales of the lifestyle company's trademarked goods. However, Amazon failed to obtain consent to use the "Beverly Hills Polo Club" brand on its website. Reversed.
Court: Supreme Court of the United Kingdom, Judge: Kitchin, Filed On: March 6, 2024, Case #: 24UKSC8, Categories: Commerce, Trademark
J. Carnes substitutes the previous panel opinion in the case with the instant opinion partially denying and partially dismissing the Jamaican immigrant's petition for review of the Board of Immigration Appeals' decision dismissing his appeal from an immigration judge's removal order. The board correctly found that the immigrant is an aggravated felon and is therefore ineligible for cancellation of removal or asylum based on his Georgia family violence battery conviction. The order modifying the immigrant's sentence from his original 12-month probation sentence to a sentence of 11 months and 27 days did not change his term of imprisonment under federal immigration law. The sentence modification order was issued after defendant completed his sentence and only for the purpose of preventing removal.
Court: 11th Circuit, Judge: Carnes, Filed On: March 6, 2024, Case #: 19-15077, Categories: Immigration
J. Stiles finds that defendant was properly convicted of domestic abuse battery child endangerment and second degree robbery after an incident in which he punched his girlfriend at her home and took her car. There was sufficient evidence to show the "nexus between the infliction of serious bodily injury upon the victim ... and the taking of her car." Affirmed.
Court: Louisiana Court Of Appeal, Judge: Stiles, Filed On: March 6, 2024, Case #: KA-23-604, Categories: Robbery, Battery, Domestic Violence
J. Ortego finds that the lower court properly upheld the city council's decision to reverse the zoning commission's granting of the owner's application to subdivide a property. There was a "legitimate public concern" that construction of the proposed development would exacerbate flooding in the area, so a drainage plan was necessary. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Ortego, Filed On: March 6, 2024, Case #: CA-23-620, Categories: Real Estate, Zoning
J. Stiles finds that the trial court properly ruled in favor of the administratrix of the estate in determining that the attempted beneficiary change for the decedent's annuity contract was null and void due to her mental incapacity from when she sustained brain injuries in an auto accident. The decedent settled her personal injury claim and subsequently began a "pen pal relationship" with an inmate, married him and made him the beneficiary. The evidence supports the finding that the decedent lacked the mental capacity to manage her long-term financial affairs after the accident. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Stiles, Filed On: March 6, 2024, Case #: CA-23-635, Categories: Insurance, Settlements, Contract
J. Langholz finds that property owners were properly ordered to demolish a building on their residential lot because they failed to obtain building approval from the subdivision building committee and failed comply with other restrictive covenants governing design and placement. Affirmed.
Court: Iowa Court Of Appeals, Judge: Langholz, Filed On: March 6, 2024, Case #: 23-0448, Categories: Property
J. Badding finds that a husband was properly ordered to pay child and spousal support following a dissolution of marriage because the court calculated his median income and earned commissions to arrive at a reasonable amount of support due. Affirmed.
Court: Iowa Court Of Appeals, Judge: Badding, Filed On: March 6, 2024, Case #: 23-0577, Categories: Family Law
J. Traynor finds that property owners have met their burden of establishing the need for a preliminary injunction requiring the county and its agents to refrain from entering the property in a matter involving the construction of a bridge over the Little Missouri River. The county is enjoined from entering onto the disputed property during the pendency of this matter.
Court: USDC North Dakota , Judge: Traynor, Filed On: March 6, 2024, Case #: 1:23cv143, NOS: Other Contract - Contract, Categories: Environment, Property
J. Winokur finds that the trial court improperly ruled for a condominium association in personal injury claims brought after a balcony railing collapsed, causing a third-floor resident to fall to the sand dunes below, because individual unit owners remained responsible for maintaining the south-facing balconies, which, boasting views of the Gulf of Mexico, are accessible only through the individual units. Affirmed.
Court: Florida Courts Of Appeal, Judge: Winokur, Filed On: March 6, 2024, Case #: 1D2022-1540, Categories: Property, Negligence
J. Chicchelly finds that defendant, a juvenile, was properly adjudicated delinquent for domestic abuse assault charges because evidence indicates he hit, choked, and pointed a gun at his girlfriend's head during an argument. Affirmed.
Court: Iowa Court Of Appeals, Judge: Chicchelly, Filed On: March 6, 2024, Case #: 23-0898, Categories: Juvenile Law
J. Greer finds that a mother's parental rights were properly terminated since her infant child had a suspiciously broken leg, and the mother, who stated that she did not wish to parent the child, attempted to adopt the child to a registered sex offender. Affirmed.
Court: Iowa Court Of Appeals, Judge: Greer, Filed On: March 6, 2024, Case #: 23-1942, Categories: Family Law
J. Greer finds that a mother's parental rights were properly terminated since the daughter had been found naked and covered in dirt in a homeless camp after the mother abandoned the child during a domestic altercation with the father. Meanwhile, her children all had special needs. Affirmed.
Court: Iowa Court Of Appeals, Judge: Greer, Filed On: March 6, 2024, Case #: 23-1971, Categories: Family Law