148 results for 'filedAt:"2024-04-19"'.
J. Flanagan grants a community college’s motion to dismiss allegations of fraud and Fifth Amendment violations brought by a barber academy. The academy’s owner claims the college pressured him to give up his barbering license after it was suspended because the college could not get a barber school license without owning a barber school, and the owner did own one. Then, someone from the college allegedly sent the college’s board a fraudulent application, falsely claiming that the college owned the barber school on the owner’s property. However, the claims against individuals these for actions, all apparently committed before 2014, are time-barred. Claims against the college and board are dismissed for lack of subject matter jurisdiction.
Court: USDC Eastern District of North Carolina, Judge: Flanagan, Filed On: April 19, 2024, Case #: 4:23cv80, NOS: Other Civil Rights - Civil Rights, Categories: Constitution, Fraud, Jurisdiction
J. Fox finds that the lower court properly ruled in favor of a town in a quiet title dispute where a man claims the city took possession of a property lot he lived next to and in which he stored various items. He was not able to show that his use of the lot was "sufficiently hostile" enough to establish a claim for adverse possession, due in large part to the fact that he was given permission to use the lot in the first place.
Court: Wyoming Supreme Court, Judge: Fox, Filed On: April 19, 2024, Case #: 22-1438, Categories: Property
J. McHugh finds that a group of conservationists lack standing to challenge a series of agency decisions related to an easement for a property in Rio Grande National Forest that has been selected to become a ski resort village. The groups take issue with a series of biological opinions and other documents that were approved by the agency to green-light development of the project and a land exchange that would help make the property more accessible in the wintertime, but their claims lack merit. They have not been able to show any evidence of major errors in the documents, and even if they were able to show error, there is nothing on the record that suggests the error would have been harmful enough to justify tossing the entire development project. Affirmed.
Court: 10th Circuit, Judge: McHugh, Filed On: April 19, 2024, Case #: 22-1438, Categories: Property, Agency
J. Christensen finds that defendant was properly convicted of possession of a firearm as a felon and aggravated eluding after leading a police officer on a car chase following a routine traffic stop because evidence supported the jury's conclusion that defendant had constructive possession of the firearm.
Court: Iowa Court Of Appeals, Judge: Christensen, Filed On: April 19, 2024, Case #: 23-0055, Categories: Firearms
J. Christensen finds that defendant was properly convicted of indecent exposure after masturbating in front of two women since the unit of prosecution for indecent exposure is one count per viewer, not one count per exposure. Affirmed.
Court: Iowa Supreme Court, Judge: Christensen, Filed On: April 19, 2024, Case #: 23-0560, Categories: Sex Offender
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J. Bright finds the lower court properly denied defendant's motion to prevent dissemination of his status as a sex offender. Although he was found not guilty of sexual assault by reason of mental defect, his confinement in a psychiatric hospital is considered "jail or prison time" under the relevant statute, which renders him ineligible for relief. Affirmed.
Court: Connecticut Court Of Appeals, Judge: Bright, Filed On: April 19, 2024, Case #: AC46150, Categories: Sentencing, Sex Offender
J. Stevens reverses, in part, the trial court’s order of parental termination rights related to three children who were found living with their drug-using mother in a U-Haul van, then placed in the custody of the father, who is now incarcerated for child endangerment after the kids tested positive for methamphetamine abuse. The state’s family service plan was not filed into the trial court’s record or the appellate record and, therefore, there is insufficient evidence to support the mother's failure to comply with the plan. Furthermore, there is no evidence to support the state’s assertions the mother did not complete a drug abuse program or that she continued using drugs after completing such a program. Reversed in part.
Court: Texas Courts of Appeals, Judge: Stevens, Filed On: April 19, 2024, Case #: 06-23-97, Categories: Evidence, Family Law, Negligence
J. Stevens upholds defendant's drug conviction and 40-year sentence. He argues that, since he was only staying at the apartment temporarily and was not the sole occupant of the apartment, the state failed to prove beyond a reasonable doubt that he knowingly possessed methamphetamine. However, "the logical force of the evidence strongly links” defendant to the illegal drug. Affirmed.
Court: Texas Court of Criminal Appeals, Judge: Stevens, Filed On: April 19, 2024, Case #: 06-23-223, Categories: Drug Offender, Evidence, Search
J. Abele finds that although defendant claimed both the victim and her husband lied about the victim's age before they engaged in sexual conduct, her attorney's failure to argue the state could not establish the mens rea for her charge of pandering sexually-oriented material involving a minor did not constitute ineffective assistance. Defendant admitted in her plea hearing she knew the victim was under the age of 18 and that she willfully created recordings of their sexual acts. Affirmed.
Court: Ohio Court Of Appeals, Judge: Abele, Filed On: April 19, 2024, Case #: 2024-Ohio-1502, Categories: Ineffective Assistance, Plea, Child Pornography
J. Baldwin finds the lower court properly denied the great-grandparents' motion for custody and granted family services' motion for permanent custody of the children. Although the great-grandparents were willing to care for the children, the parents' failure to make any progress in their case plans greatly diminished the probability the children would ever be returned to their custody and allowed for the termination of their parental rights. Affirmed.
Court: Ohio Court Of Appeals, Judge: Baldwin, Filed On: April 19, 2024, Case #: 2024-Ohio-1505, Categories: Civil Procedure, Evidence, Family Law
J. Wolfe finds that the trial court properly dismissed the resident's injury claims against the parish after he fell into an open garbage receptacle at a pick-up station while trying to dump trash. The open receptacle did not present an unreasonable risk of harm, and there was no breach of duty by the parish. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Wolfe, Filed On: April 19, 2024, Case #: 2023CA1099, Categories: Negligence
J. Heytens finds the lower court properly denied the electoral board members' motion to dismiss First Amendment claims. The City of Lynchburg's registrar from 2018 to 2023 claims the board's two Republican members refused to reappoint her to the position, not for the failure of duty but because she was not a loyal Donald Trump supporter. The members are correct in assuming sovereign immunity bars the registrar from recovering monetary damages, but she is entitled to seek injunctive relief. Affirmed.
Court: 4th Circuit, Judge: Heytens, Filed On: April 19, 2024, Case #: 23-1902, Categories: Government, Immunity, First Amendment
J. Cote grants the bank's motion to dismiss patent infringement claims related to the patentholder's patent for a system that provides electronic banking touch points with personalized financial services for customers. The patentholder has failed to plead direct or indirect infringement by any identifiable product.
Court: USDC Southern District of New York, Judge: Cote, Filed On: April 19, 2024, Case #: 1:23cv8801, NOS: Patent - Property Rights, Categories: Patent
J. Kato finds in favor of the company against the family's complaint that the company's nursing home neglected their loved one to the point that she developed sepsis and contracted Covid-19, resulting in her death. The family did not show diligence when conducting discovery as they did not serve their first set of document requests until seven months after the court issued the scheduling order, among other deficiencies, and the family does not present any record evidence that the company or any of its employees knew that the company's Covid-19 mitigation practices posed a serious risk of death to the loved one.
Court: USDC Central District of California, Judge: Kato, Filed On: April 19, 2024, Case #: 5:21cv1428, NOS: Other Personal Injury - Torts - Personal Injury, Categories: Elder Abuse, Discovery, Covid-19
J. Kinkeade finds that the employer of a driver who struck and killed a man with her car in the course of her employment while the man was changing a tire on the side of the road is not liable for negligent training and hiring claims but claims against the driver for negligence regarding her being consciously distracted can proceed. There is not sufficient evidence indicating negligence by the company in hiring or training the driver but there is a record that that the driver sent text messages close to the time of the accident. Claims for pain and suffering related to the deceased are denied because evidence shows that he was killed instantly.
Court: USDC Northern District of Texas , Judge: Kinkeade, Filed On: April 19, 2024, Case #: 3:22cv2714, NOS: Motor Vehicle - Torts - Personal Injury, Categories: Tort, Vehicle, Wrongful Death
J. Peterson finds that the lower court properly denied defendant's petition for a certificate of innocence on two aggravated unlawful use of a weapon convictions which were vacated as unconstitutional. Defendant has not attempted to show he was innocent of the nol-prossed charges pursuant to a negotiated plea agreement, so he does not qualify for a certificate of innocence. Affirmed.
Court: Illinois Appellate Court, Judge: Peterson, Filed On: April 19, 2024, Case #: 210414, Categories: Criminal Procedure, Weapons
J. Davenport finds that the lower court improperly convicted defendant on two charges of unlawful use of a weapon by a felon, but properly convicted him of being an armed habitual criminal. The state provided beyond a reasonable doubt that he possessed a firearm, but the multiple convictions violate the one-act, one-crime doctrine. Reversed in part.
Court: Illinois Appellate Court, Judge: Davenport, Filed On: April 19, 2024, Case #: 230113, Categories: Firearms
J. Contreras grants the secretary of the Treasury’s partial motion to dismiss a suit brought by individuals and business entities over the Treasury’s Office of Foreign Assets Control’s designation of the individuals as “specially designated nationals” on the “specially designated nationals and blocked persons list.” The court dismisses two counts asserting the department did not act within its authorities.
Court: USDC District of Columbia, Judge: Contreras, Filed On: April 19, 2024, Case #: 1:24cv285, NOS: Other Statutory Actions - Other Suits, Categories: Agency
J. Rakoff finds that the lower court properly denied an exhibit's motion to dismiss class claims that it violated the New York Arts and Cultural Affairs Law by failing to disclose the total cost of tickets, including ancillary fees. The voluntary payment doctrine does not bar this suit because the $8.99 added to the attendee's ticket price on the final purchase screen did not disclose how much of the fees was allocated to taxes versus fees.
Court: USDC Southern District of New York, Judge: Rakoff, Filed On: April 19, 2024, Case #: 1:24cv322, NOS: Other Fraud - Torts - Personal Property, Categories: Fraud, Consumer Law
J. Talwani grants in part a former company president’s motion for judgment as a matter of law against his former company, which successfully sued him for breach of fiduciary duty, breach of contract, misappropriation of trade secrets, trademark infringement and false designation. There wasn’t enough substantial evidence before the jury to determine that the former president improperly obtained meeting minutes from the company.
Court: USDC Massachusetts, Judge: Talwani, Filed On: April 19, 2024, Case #: 1:20cv10926, NOS: Trademark - Property Rights, Categories: Trade Secrets, Trademark, Fiduciary Duty
J. Jackson grants in part the defendant school district's motion for sanctions and dismisses the parent's amended complaint with prejudice as to the school district. The current matter stems from the parent's alleged failure to "execute the necessary documents to effectuate the settlement agreement previously reached." Dismissal is warranted based on a failure to comply with the court's "rules and orders," since the school district had to continue litigating the case, and a lesser sanction would be inadequate.
Court: USDC Eastern District of Oklahoma, Judge: Jackson, Filed On: April 19, 2024, Case #: 6:22cv151, NOS: Amer w/Disabilities - Other - Civil Rights, Categories: Education, Sanctions, Settlements
J. Crothers rejects a request to assign a case to another judge in a matter involving a divorce proceeding. Additionally, the order awarding attorney fees to the wife is reversed and the matter is remanded for explanation as to whether the district court intended to award attorney fees in its judgment, and if so, instruct the court to explain the legal and factual basis for an award. Reversed.
Court: North Dakota Supreme Court, Judge: Crothers, Filed On: April 19, 2024, Case #: 2024ND73, Categories: Family Law, Attorney Fees
J. Crothers finds that the district court properly entered judgment in favor of two companies and dismissed an individual's negligence and premises liability claims. However, the lower court improperly entered judgment in favor of one company concluding genuine issues of material fact exist on the question of whether it owed the individual a duty of care. The matter stems from a workplace injury. Affirmed in part.
Court: North Dakota Supreme Court, Judge: Crothers, Filed On: April 19, 2024, Case #: 2024ND72, Categories: Employment, Premises Liability