276 results for 'filedAt:"2024-03-27"'.
J. Ahlers finds that defendant was properly fined for third-degree sexual abuse and assault with intent to commit sexual abuse after assaulting the 14-year-old daughter of his paramour because the fine fell within statutory limits. Affirmed.
Court: Iowa Court Of Appeals, Judge: Ahlers, Filed On: March 27, 2024, Case #: 23-0563, Categories: Sentencing, Sex Offender
J. Bower finds that marital property was properly divided in a dissolution action because the husband's police pension constituted marital property subject to division. Affirmed.
Court: Iowa Court Of Appeals, Judge: Bower, Filed On: March 27, 2024, Case #: 23-0644, Categories: Family Law
J. Bower finds that plaintiff was properly committed to a mental institution against his will because he was psychotic and extremely malnourished, and he threatened to commit self harm and to harm others. Affirmed.
Court: Iowa Court Of Appeals, Judge: Bower, Filed On: March 27, 2024, Case #: 23-0758, Categories: Commitment
J. Buller finds that defendant was properly sentenced to prison in claims brought after she stepped out of her home while her young child was in the bathtub, only to find her child face-down in the water, which caused a permanent brain injury. The child and his siblings all tested positive for multiple illegal drugs, and they had multiple incidents with the department of human services. Meanwhile, the sentencing court was not bound to accept a deferred sentence recommendation. Affirmed.
Court: Iowa Court Of Appeals, Judge: Buller, Filed On: March 27, 2024, Case #: 23-0961, Categories: Sentencing, Child Victims
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J. Langholz finds that a child was properly placed in the joint physical care of her parents with a shared parenting schedule because the change accommodated the child's new school schedule. Affirmed.
Court: Iowa Court Of Appeals, Judge: Langholz, Filed On: March 27, 2024, Case #: 23-1103, Categories: Family Law
J. McBrayer finds the lower court properly determined a broker was due unpaid commissions from a client, but improperly calculated the number of commissions he was owed. The broker entered into an agreement with a dialysis company to locate sites for new clinics. He was to receive a commission when leases were renewed or extended. The lower court determined there were eight instances of either renewals or extensions for which he was not paid, but the instant court finds there were only six and modifies the award accordingly. Affirmed.
Court: Tennessee Court of Appeals, Judge: McBrayer, Filed On: March 27, 2024, Case #: M2022-00937-COA-R3-CV, Categories: Real Estate, Contract
J. Badding finds that a father's parental rights were properly terminated since he used methamphetamine and had a history of domestic violence, and the child's twin sister drowned while under his care. Affirmed.
Court: Iowa Court Of Appeals, Judge: Badding, Filed On: March 27, 2024, Case #: 24-0057, Categories: Family Law
J. Tabor finds that the parties' parental rights were properly terminated since the child was extremely medically fragile and both parents had a history of methamphetamine use and domestic violence. Affirmed.
Court: Iowa Court Of Appeals, Judge: Tabor, Filed On: March 27, 2024, Case #: 24-0068, Categories: Family Law
J. Greer finds that an assistant professor was properly denied judicial review after she was denied tenure because the record indicates her courses lacked critical thinking and did not prepare students for upper level classes. Affirmed.
Court: Iowa Court Of Appeals, Judge: Greer, Filed On: March 27, 2024, Case #: 23-1151, Categories: Education, Employment
J. Bower finds that custody of the parties' child was properly modified to grant a mother sole legal custody because the father deprived her of parenting time and falsely accused her of abuse and neglect. Affirmed.
Court: Iowa Court Of Appeals, Judge: Bower, Filed On: March 27, 2024, Case #: 23-1174, Categories: Family Law
J. Schumacher finds that a mother's parental rights were properly terminated since she had bipolar disorder and borderline intellectual functioning, and she had been convicted of child endangerment after biting and striking her child. Affirmed.
Court: Iowa Court Of Appeals, Judge: Schumacher, Filed On: March 27, 2024, Case #: 23-2020, Categories: Family Law
J. Badding finds that a father's parental rights were properly terminated since he was a chronic drug user who lied about his use even after multiple positive drug screens and after his children were removed from his care. Affirmed.
Court: Iowa Court Of Appeals, Judge: Badding, Filed On: March 27, 2024, Case #: 23-2038, Categories: Family Law
[Consolidated.] J. Poochigian finds that the trial court improperly granted anti-SLAPP motions to a group of doctors and hospital staff who were sued by a doctor who claimed they interfered with his right to provide care to his patients after admission to the hospital. The actions by hospital doctors and staff that form the basis of his claims did not involve protected activity. Also, issue preclusion does not apply since an earlier lawsuit dismissed by the doctor did not result in any judicial admissions. Reversed.
Court: California Courts Of Appeal, Judge: Poochigian, Filed On: March 27, 2024, Case #: F084700, Categories: Anti-slapp, Health Care
Per curiam, the Texas Court of Criminal Appeals vacates and remands the judgment of the court of appeals for the opportunity to conduct a reasonable suspicion analysis without the citizen’s lawful refusal to consent. The citizen was arrested and charged for possession with intent to deliver between 4 and 200 grams of methamphetamine, but she had refused to consent to the police officers’ search of her vehicle.
Court: Texas Court of Criminal Appeals, Judge: Per curiam, Filed On: March 27, 2024, Case #: PD-0700-22, Categories: Drug Offender, Sentencing
J. Mizelle largely dismisses the consumer's purported class action against the laptop maker alleging that it overstated the durability of its laptop. The consumer lacks standing to assert the proposed class's claims under other states' consumer fraud statutes or to seek injunctive relief as a remedy for those claims, and his remaining claims are dismissed for failure to state a claim. One warranty count is dismissed as an impermissible shotgun pleading, but may be separated into three different counts in an amended pleading.
Court: USDC Middle District of Florida, Judge: Mizelle, Filed On: March 27, 2024, Case #: 8:23cv250, NOS: Other Fraud - Torts - Personal Property, Categories: Product Liability, Class Action
J. Wynn finds the lower court improperly granted summary judgment to the contractor on fraud claims. A couple and a contractor agreed to the sale and renovation of a home. The contractor told the couple that all subcontractors would be licensed before they signed the agreement. Despite Virginia law not requiring that subcontractors working under a licensed contractor hold their licenses, the couple would not have agreed to the sale if they knew they would be unlicensed. Vacated.
Court: 4th Circuit, Judge: Wynn, Filed On: March 27, 2024, Case #: 22-2265, Categories: Construction, Fraud, Contract
Magistrate Fallon declines to compel the reproduction of unredacted copies of documents containing training about a 2013 FTC decision and order that had been withheld and/or redacted based on attorney-client privilege because plaintiffs did not waive privilege by using training presentations as both a sword and a shield.
Court: USDC Delaware, Judge: Fallon, Filed On: March 27, 2024, Case #: 1:21cv245, NOS: Patent - Property Rights, Categories: Discovery, Privilege
J. Brimmer allows plaintiff to continue pro se claims disputing a laboratory's methods for collecting DNA related to a paternity test because the lab was not entitled to absolute immunity since it failed to cite precedent in which a court had granted absolute immunity to a medical laboratory or a doctor that had performed such a test.
Court: USDC Colorado, Judge: Brimmer, Filed On: March 27, 2024, Case #: 1:23cv2077, NOS: Other Contract - Contract, Categories: Immunity, Negligence, Contract
J. Donnelly tosses an employment discrimination complaint against Stony Brook University Medical Center on claims that it denied a nurse’s request for a religious exemption from its Covid-19 mandate and subsequently placed her on unpaid leave until she resigned. Her complaint fails to allege her employer’s actions were motivated by her religion. York’s health department removed religious exemptions from its vaccine mandate, and as such the healthcare provider would have been in violation of the mandate had they granted her request for an exemption for religious purposes.
Court: USDC Eastern District of New York, Judge: Donnelly, Filed On: March 27, 2024, Case #: 2:23cv135, NOS: Employment - Civil Rights, Categories: Civil Rights, Covid-19, Employment Discrimination
J. Bulsara rules on a motion for partial summary judgment and finds in favor of a female bartender on her two wage statement violation claims against a New York City gentlemen’s club, awarding her $10,000 in statutory damages. She provides enough evidence to show both that she was not provided a wage notice within her first 10 days of employment and that her wage statements failed to list basic wage information. The court preserves her remaining claims for trial.
Court: USDC Eastern District of New York, Judge: Bulsara, Filed On: March 27, 2024, Case #: 1:21cv3766, NOS: Fair Labor Standards Act - Labor, Categories: Employment, Business Practices, Labor
J. Windhorst finds that the trial court properly found for a dentist on a patient's medical malpractice claim alleging the dentist punctured his tongue while administering local anesthesia. In this case, the patient waited until the dentist filed a motion for summary judgment to retain an expert but failed to provide competent summary judgment evidence in opposition to the dentist’s motion. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Windhorst, Filed On: March 27, 2024, Case #: 23-CA-380, Categories: Evidence, Medical Malpractice
J. White allows some securities claims to survive against HP from investors who say the company was not fully transparent on the health of its supplies-centric business arm, which largely revolves around the selling of ink and toner. The company told investors that its supplies business was healthy and that any downward trends were for reasons outside the company's control, but investors say these statements undersold how badly its ink and toner market was suffering. While not all of the company statements are actionable or blatantly misleading, there is just enough on the record to show that investors could have been misled, allowing misrepresentation claims to survive to the next stage.
Court: USDC Northern District of California, Judge: White, Filed On: March 27, 2024, Case #: 4:20cv7835, NOS: Securities/Commodities/Exchange - Other Suits, Categories: Securities