269 results for 'filedAt:"2024-03-28"'.
J. Stiglich grants defendant's petition for mandamus. Defendant pleaded guilty to attempted burglary and was sentenced to probation, but now seeks mandamus to compel the court to set aside the conviction after he completed substance abuse treatment. Relevant statute removes judicial discretion in cases where a defendant fulfills probation conditions for a drug court program.
Court: Nevada Supreme Court, Judge: Stiglich , Filed On: March 28, 2024, Case #: 86982, Categories: Burglary, Drug Offender, Probation
J. O'Hearn allows plaintiff to continue claims contending a sales representative for a solar company failed to disclose a financing agreement in relation to solar panel installation because the purported "welcome call" recording has not been authenticated. However, evidence does not support identity theft claims, and that the company sent documents to the wrong email address did not indicate an effort to commit fraud and forgery.
Court: USDC New Jersey, Judge: O'Hearn , Filed On: March 28, 2024, Case #: 1:23cv2623, NOS: Consumer Credit - Other Suits, Categories: Fraud, Consumer Law
J. Worthen finds the trial court properly found for a water district. The property owner declined the district's offer to purchase an easement across a portion of their property containing a water well and the district then filed a condemnation petition. After the owner declined to respond for more than three years, the trial court granted summary judgment to the district, vesting it with the property rights, and awarding the owner $29,000. The owner made no objection at trial to the alleged deficiencies in the affidavit asserting no bona fide offer was made from the county. The owner has failed to preserve the arguments about the affidavit’s defects. Affirmed.
Court: Texas Courts of Appeals, Judge: Worthen , Filed On: March 28, 2024, Case #: 12-23-00254-CV, Categories: Administrative Law, Property, Water
J. Clark finds that the workers' compensation board improperly held that a second grade teacher did not have a compensable psychological injury caused by the Covid-19 pandemic. Remittal is necessary because the teacher faced a disparate burden based on precedent holding that injuries caused by psychic trauma should be compensable to the same extent as physical injury, as well as precedent holding that Covid-19 may be compensable as a physical injury. She must prove the virus was so prevalent in her workplace that the elevated risk of exposure constituted an "extraordinary event" and that her particular underlying medical issues made her susceptible. Reversed.
Court: New York Appellate Divisions, Judge: Clark, Filed On: March 28, 2024, Case #: 535958, Categories: Covid-19, Workers' Compensation
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J. Hoyle finds the trial court properly convicted defendant for three counts of aggravated assault of a child, sentencing him to life in prison. Defendant makes no argument the denial of his motion for continuance would have been error. His belief the mother’s lack of testimony is the reason for the hung jury at first trial is speculation. The record indicates defendant was able to present his defensive positions the victim fabricated the sexual assault claim and that the house was under construction, thereby undermining the victim’s account. Affirmed.
Court: Texas Courts of Appeals, Judge: Hoyle , Filed On: March 28, 2024, Case #: 12-23-00119-CR, Categories: Evidence, Sex Offender, Child Victims
J. Gray finds that the trial court properly terminated the father's parental rights to his children based on sufficient evidence to support the endangerment and best interest findings. The father admitted to using illegal drugs, was aware the mother had used drugs during her pregnancy, and did not regularly visit the children after their removal. Affirmed.
Court: Texas Courts of Appeals, Judge: Gray, Filed On: March 28, 2024, Case #: 10-23-00294-CV, Categories: Evidence, Family Law
J. Scudder finds that the lower court properly convicted defendant of providing material support to a terrorist organization by creating a computer program that allowed ISIS to rapidly duplicate terrorist propaganda videos online. Defendant did not simply engage in independent advocacy for a terrorist organization, but closely coordinated his activity with the terrorist organization by providing them with a software tool to disseminate media to a wide audience and circumvent censors. Affirmed.
Court: 7th Circuit, Judge: Scudder, Filed On: March 28, 2024, Case #: 22-3140, Categories: Constitution, Terrorism
J. Menendez grants summary judgment to the defendant ladder maker in its competitor's suit alleging patent infringement. No reasonable jury could conclude that the defendant's ladders infringe a limitation in the plaintiff's patent requiring that "a substantial amount of the first bracket is disposed within a cavity defined by the first component" of the ladder. The defendant ladder maker's motion to exclude expert testimony is also granted in part, since the expert failed to apply the court's claim construction in his opinions regarding the cavity limitation.
Court: USDC Minnesota, Judge: Menendez, Filed On: March 28, 2024, Case #: 0:20cv2497, NOS: Patent - Property Rights, Categories: Patent, Experts
J. Lynch finds that the lower court properly sentenced defendant based on his guilty plea to possessing and selling drugs and conspiracy. Defendant contends the sentence was harsh, but exposure at trial would have been much greater. However, $16,000 in fines imposed on drug possession counts should be reduced to $12,000 because two counts arose from a single act. Affirmed in part.
Court: New York Appellate Divisions, Judge: Lynch, Filed On: March 28, 2024, Case #: 109796, Categories: Drug Offender, Sentencing
J. Kendall grants an elevator mechanic union’s motion for summary judgment on a union member’s claims against it. The union member claims the union actively sabotaged his attempt to win his job back from his former employer, and protected the discriminatory behavior by his former employer that resulted in his termination. The court finds that all available evidence points to the union making a good faith effort to help its member, despite his claims to the contrary.
Court: USDC Northern District of Illinois, Judge: Kendall, Filed On: March 28, 2024, Case #: 1:20cv7696, NOS: Labor/Management Relations - Labor, Categories: Employment Discrimination, Labor / Unions, Labor
J. Powers finds that the lower court properly altered the custody arrangement in which a divorced couple shared legal and physical custody of their children to grant the father primary physical custody of his two children because the mother failed to counter evidence of neglect. Affirmed.
Court: New York Appellate Divisions, Judge: Powers, Filed On: March 28, 2024, Case #: CV-23-0413, Categories: Family Law
J. Pennell finds that the lower court properly upheld a bench warrant against a minor for complying with the terms of her supervision following an assault conviction. While the warrant did conflict with a related state statute, it was proper under the terms of the Juvenile Justice Act, which legal precedent says take priority. Affirmed.
Court: Washington Court Of Appeals, Judge: Pennell, Filed On: March 28, 2024, Case #: 39113-2-III, Categories: Juvenile Law, Assault
J. Stephens finds that the lower court improperly reversed defendant's murder conviction. The lower court found that because the state wrongfully delayed bringing charges against defendant, the resulting loss of key witness testimony violated defendant's due process rights. While the state was negligent in its delay, there is no proof that that defendant suffered any prejudice from the loss of witness testimony. Reversed.
Court: Washington Supreme Court, Judge: Stephens, Filed On: March 28, 2024, Case #: 101502-0, Categories: Murder, Speedy Trial, Due Process
J. Nelson dismisses the investment firm's complaint alleging that the construction company did not repair the restaurant before its owner's insurance coverage ended, which was a key part of the contract. This complaint is barred because the investment firm amended its complaint with issues concerning who it was suing.
Court: USDC Oregon, Judge: Nelson, Filed On: March 28, 2024, Case #: 3:23cv1584, NOS: Other Contract - Contract, Categories: Property, Contract
J. Scullin enters judgment in favor of a local Honda dealership on a female accountant’s disability discrimination claims while preserving her claims for sex-based hostile work environment, retaliation and punitive damages, finding a reasonable jury could conclude she was subjected to sexual harassment in the workplace, her employer was put on notice regarding the behavior and her termination was in retaliation for those complaints.
Court: USDC Northern District of New York, Judge: Scullin, Filed On: March 28, 2024, Case #: 6:21cv43, NOS: Employment - Civil Rights, Categories: Employment Discrimination, Employment Retaliation
J. Pepper partially grants the employee's motion for partial summary judgment in her class action claiming the memory care facility violated the Fair Labor Standards Act and Wisconsin wage law by failing to pay employees for time spent undergoing Covid-19 screenings and making unlawful pay deductions for meal breaks. The employee's motion is granted with relation to the Covid-19 screenings, and it is found as a matter of law that the time spent doing the screenings was "indispensable and integral" to the work of the employee and others in her position. The employee's motion for reconsideration regarding the opt-in time period in the notice of suit sent to class members is granted, and her motion to reopen discovery is partially granted so more discovery can take place regarding class members.
Court: USDC Eastern District of Wisconsin, Judge: Pepper, Filed On: March 28, 2024, Case #: 2:21cv358, NOS: Fair Labor Standards Act - Labor, Categories: Employment, Labor
J. Hawley rules a corrections center mental health worker may pursue sexual harassment claims against a county. The mental health worker, who is a Black female, sufficiently showed in court that corrections center employees sexually harassed her by commenting on her protruding nipples, claiming that they were a problem.
Court: USDC Central District of Illinois, Judge: Hawley, Filed On: March 28, 2024, Case #: 1:21cv1075, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Employment