144 results for 'filedAt:"2024-03-12"'.
[Modified.] J. Grimes deletes one footnote with no change in judgment. The trial court properly denied defendant's motion to suppress a firearm, ammunition and methamphetamine that police found in his car during a Utah traffic stop, as well as statements he made to an undercover officer in jail. The traffic stop was not unduly prolonged and he consented to the search. Voluntary statements to the officer posing as a fellow inmate came after he invoked his Miranda rights but were not made in a coercive atmosphere dominated by police. Affirmed.
Court: California Courts Of Appeal, Judge: Grimes, Filed On: March 12, 2024, Case #: B317938, Categories: Miranda, Murder, Search
J. Gustafson finds that the trial court was within its discretion to deny a patient's motion to alter or amend a judgment. She failed to provide any briefing in support of the motion, which she filed in an attempt to substitute a doctor's insurance company as the real party in interest to her medical malpractice complaint. Also, bankruptcy law did not prevent the patient from serving process on the doctor, so the trial court properly dismissed her complaint for failure to serve. Affirmed.
Court: Montana Supreme Court, Judge: Gustafson, Filed On: March 12, 2024, Case #: DA 23-0319, Categories: Bankruptcy, Civil Procedure, Medical Malpractice
J. Sandefur holds that the district court's involuntarily commitment order was not based solely on the hearsay statements of the patient's husband. A mental health nurse practitioner, medical staff and a court-appointed professional counselor supported commitment. The husband's out of court statements to the counselor were not legally hearsay since they were not offered to prove the truth of the matter but were relevant to the counselor's expert opinion. Affirmed.
Court: Montana Supreme Court, Judge: Sandefur, Filed On: March 12, 2024, Case #: DA 21-0476, Categories: Evidence, Commitment, Experts
J. Rice finds that the district court properly denied a mother's claim for reimbursement of expenses from her deceased daughter's estate. She failed to support her claim with evidence that would allow the district court to determine the reasonableness of claimed costs. Affirmed.
Court: Montana Supreme Court, Judge: Rice, Filed On: March 12, 2024, Case #: DA 23-0300, Categories: Wills / Probate
Per curiam, the appellate division finds that the lower court improperly denied the housing authority's motion to dismiss this trip and fall complaint on an sidewalk adjacent a Bronx property. The evidence refutes the claim that the housing authority has any ownership or maintenance of the subject premises. Reversed.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: March 12, 2024, Case #: 01273, Categories: Tort
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J. Buller finds that a father's parental rights were properly terminated. He denied being the child's biological father and behaved inappropriately during visits, which caused the child to express she did not wish to have a parental relationship with him. Affirmed.
Court: Iowa Court Of Appeals, Judge: Buller, Filed On: March 12, 2024, Case #: 23-1676, Categories: Family Law
J. Wynn finds the lower improperly dismissed the estate's claims for lack of subject matter jurisdiction. The estate submitted an administrative claim to the Navy for damages, claiming that the deceased's medical complications and death were the result of substandard care she received at the Navy medical center. The government believed that the estate failed to meet the administrative exhaustion requirement because, when they submitted the administrative claims, neither of the current administrators was properly qualified as administrator of the estate. Congress has not authorized regulations that impose additional jurisdictional requirements beyond those the statute itself imposes; thus, the rules on which the government relies are non-jurisdictional. Reversed.
Court: 4th Circuit, Judge: Wynn, Filed On: March 12, 2024, Case #: 23-1011, Categories: Administrative Law, Wills / Probate, Wrongful Death
J. Simon denies in part the city councilor's motion for summary judgment in his lawsuit alleging that his civil rights were violated when the Columbia 911 Communications District banned him from attending meetings in person after he criticized some of the decisions made by the district's board of directors. There is a factual dispute as to whether the councilor's presence at the meetings was causing harm, and the parties dispute the reason for his ban, so the councilor's First Amendment claim should head to trial. However, the councilor is correct that the board violated the Oregon Revised Statutes when it held public meetings in a virtual-only format on four occasions.
Court: USDC Oregon, Judge: Simon, Filed On: March 12, 2024, Case #: 3:23cv293, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Municipal Law, First Amendment
J. Glasgow finds that the lower court properly denied a petition from two former owners of adult family homes after they were placed on a vulnerable adult abuse registry list when they were found to have neglected a vulnerable adult. The two former owners moved to have their names struck from the registry, but under state law, nursing assistants with a single finding of neglect that took place outside of a nursing facility are not eligible for removal. Legal precedent has upheld these restrictions, and there is nothing on the record to suggest they were improperly applied in this case. Affirmed.
Court: Washington Court Of Appeals, Judge: Glasgow, Filed On: March 12, 2024, Case #: 58113-2-II, Categories: Civil Procedure, Health Care
J. Lynch finds that the district court properly denied federal whistleblower claims against a drug distributor but improperly dismissed similar state actions because the qui tam relator failed to demonstrate the distributor knowingly violated federal law in allegedly providing business management tools to customers at no charge as kickbacks for making commitments to purchase drugs. However, analogous state claims should not have been rejected based solely on federal anti-kickback provisions because their statutes may be different. Affirmed in part.
Court: 2nd Circuit, Judge: Lynch, Filed On: March 12, 2024, Case #: 23-726-cv, Categories: Business Practices, Whistleblowers
Per curiam, the circuit finds that the district court properly upheld default judgment obtained by a liquidating trustee in bankruptcy court. The judgment returned a $23.7 million mortgage to the debtors' estate that had been purchased for $3.8 million by an entity associated with an ex-officer of one debtor, which received notice of service of judgment and of being added to the case. The entity's failure to respond was determined to be willful, and the bankruptcy court had personal jurisdiction over the parties. Affirmed.
Court: 2nd Circuit, Judge: Per curiam, Filed On: March 12, 2024, Case #: 23-311-bk, Categories: Bankruptcy, Civil Procedure, Jurisdiction
J. Rochon partially denies the corporate officers' motion to dismiss a securities class action alleging misrepresentations made in connection with a merger between a Cayman Islands shell company and a mobile app called Grab that operates in Southeast Asia, offering ride-hailing and food delivery services. Investors have sufficiently alleged that proxy statements discussing Grab's use of incentives in attracting drivers and consumers were misleading.
Court: USDC Southern District of New York, Judge: Rochon, Filed On: March 12, 2024, Case #: 1:22cv2189, NOS: Securities/Commodities/Exchange - Other Suits, Categories: Fraud, Securities
J. Dietz allows plaintiff to continue claims concerning the award of a contract to procure telematic devices for installation in the U.S. Postal Service's vehicle fleet because the company sufficiently pleaded the complaint and was not required to exhaust agency-level protest procedures.
Court: Court of Federal Claims, Judge: Dietz, Filed On: March 12, 2024, Case #: 24-63, Categories: Civil Procedure, Contract
[Consolidated.] J. Doyle finds that the trial court improperly denied the stepmother's motion to strike certain provisions of an interlocutory consent order entered pursuant to the mother's child custody modification petition. The portion of the consent order restricting the stepmother from discussing the custody proceedings with anyone at any time outside of therapy was overly restrictive. The trial court correctly entered orders denying the father's motion to recuse, finding the father in contempt for violating the consent order and denying the father's motion to vacate or modify the consent order. However, the trial court incorrectly entered orders sealing the record without following the proper procedure. Reversed in part.
Court: Georgia Court of Appeals, Judge: Doyle, Filed On: March 12, 2024, Case #: A23A1562, Categories: Family Law
J. Hodges finds that the juvenile court improperly determined that it lacked jurisdiction to enter a finding that it would not be in the immigrant child's best interest to be returned to Honduras. The juvenile court found the child dependent and awarded his sister custody and guardianship of him. The juvenile court had a duty to consider and make findings regarding all of the special immigrant juvenile factors. Vacated.
Court: Georgia Court of Appeals, Judge: Hodges, Filed On: March 12, 2024, Case #: A23A1659, Categories: Immigration
J. Nardacci preserves for trial claims that seek to hold a fabric dome installation company liable for the collapse of an air-supported sports dome at Utica College due to excess snow, which resulted in more than $3 million in damages. The court rules that the college’s insurer is entitled to seek compensation for the losses to the college’s equipment located inside the dome, which were damaged in the accident. The court further grants summary judgment to the college’s cleaning services company on the manufacturer’s claims for contribution and indemnification, finding the college’s cleaning company was not responsible for the dome’s collapse.
Court: USDC Northern District of New York, Judge: Nardacci, Filed On: March 12, 2024, Case #: 6:20cv496, NOS: Property Damage Product Liability - Torts - Personal Property, Categories: Insurance, Product Liability, Indemnification
J. Reyes finds for a highway builder in the "litigation equivalent of 'Groundhog Day'" on its action to confirm a $196 million arbitration award against the Metropolitan Municipality of Lima. Lima failed to convince two tribunals the builder had engaged in bribery to secure its contract to build and improve the city's highways, and the builder timely sought to confirm the arbitration award.
Court: USDC District of Columbia, Judge: Reyes, Filed On: March 12, 2024, Case #: 1:20cv2155, NOS: Arbitration - Other Suits, Categories: Arbitration, Transportation