171 results for 'filedAt:"2023-11-15"'.
J. Marcotte finds that the trial court properly ruled in favor of the purported owner of a disputed property. In this case, the purported owner moved her mobile home onto the property in 1982 and mowed the grass and maintained the property. Also, the record shows that she moved onto the property more than 30 years before a couple acquired title to the land. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Marcotte, Filed On: November 15, 2023, Case #: 55,296-CA, Categories: Evidence, Property
J. Pitman finds that the trial court properly found for the state on a driver's claim that the state's location of a parking area adjacent to the highway caused a car to collide with the driver's car while they were parked. In this case, the driver did not show that a defective condition in the roadway created an unreasonable risk of harm to the public, and the driver's expert does not support that the parking area was unreasonably dangerous. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Pitman, Filed On: November 15, 2023, Case #: 55,342-CA, Categories: Evidence, Negligence
J. Illston declines to dismiss claims from a resident who says that a sugar processing facility in town releases such foul, noxious odors that he can't enjoy his home or his neighborhood. The man is attempting to pursue the case as a class action, and while the record is too sparse at the moment to determine if certification is in order, the resident has plausibly alleged that the sugar facility forces him to keep his windows closed, stay out of his yard and refrain from inviting company over.
Court: USDC Northern District of California, Judge: Illston, Filed On: November 15, 2023, Case #: 3:23cv3192, NOS: Other Personal Injury - Torts - Personal Injury, Categories: Property, Tort
J. Browning denies, in part, the insurer's motion to dismiss, ruling the New Mexico Supreme Court's decision in a prior case likely applies retroactively to illusory uninsured motorist benefits like the ones in policies held by the class members. Therefore, the class states valid claims for misrepresentation and breach of the covenant of good faith and fair dealing.
Court: USDC New Mexico, Judge: Browning, Filed On: November 15, 2023, Case #: 1:18cv399, NOS: Insurance - Contract, Categories: Insurance, Class Action, Contract
Want access to unlimited case records and advanced research tools? Create your free CasePortal account now. No credit card required to register.
Try CasePortal for Free
J. Lampkin finds that the lower court properly found for the city in a trip and fall suit after the court refused the woman's ordinary negligence liability issue instruction. The evidence does not support a finding that the city conducted any activity on the premise that created the hole in the sidewalk, nor did the hole arise as part of the city's business. Therefore, the court correctly instructed the jury on premises liability rather than ordinary negligence. Affirmed.
Court: Illinois Appellate Court, Judge: Lampkin, Filed On: November 15, 2023, Case #: 221116, Categories: Jury, Negligence
J. Bell grants a local Catholic diocese's motion to dismiss allegations of Hate Crime Act violations brought by an applicant to a lector position, which involves reading scriptures to the public. The applicant claims the diocese discriminated against him based on his diagnoses of bipolar disorder and the post-traumatic stress disorder he developed from fighting in the Vietnam War. However, because this is a criminal complaint, it cannot be settled in civil court, nor would the court be able to intervene in the decisions of the diocese based on the First Amendment.
Court: USDC Western District of North Carolina, Judge: Bell, Filed On: November 15, 2023, Case #: 3:23cv365, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Employment Discrimination, First Amendment
J. Thompson finds that defendant was properly sentenced to five years at hard labor on his guilty plea to bank fraud. The midrange sentence is not constitutionally excessive and was proper based on defendant being a fifth felony offender and not being able to complete drug court based on his criminal history. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Thompson, Filed On: November 15, 2023, Case #: 55,355-KA, Categories: Fraud, Plea
J. Flanagan grants a police officer and a county sheriffâs officeâs motion for judgment on the pleadings following allegations of First and 14th Amendments violations brought by a man whom the officer arrested. The man claims the officer did not have good cause to arrest nor imprison him as he was not carrying a firearm. However, he failed to include allegations in support of his claim that the sheriffâs office â which itself is an entity not capable of being sued â fundamentally had something to do with the officerâs alleged maltreatment of him. His claims are dismissed.
Court: USDC Eastern District of North Carolina, Judge: Flanagan, Filed On: November 15, 2023, Case #: 7:23cv9, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, First Amendment, Police Misconduct
J. Thompson finds that the trial court properly found for a contractor on the city's claims for a refund of money paid for the revision of a sports complex construction project so it could be timely completed for an event. In this case, the parties' contract is unambiguous that a change order shall constitute a final settlement, and that the costs for the change order would cost the city $1.7 million. The city signed the contract based on a business decision to have completed baseball fields in time for the Dixie League World Series and did not follow remedies to address the claim that the change order was necessary for the contractor's defective workmanship. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Thompson, Filed On: November 15, 2023, Case #: 55,328-CA, Categories: Construction, Contract
J. Sabatino finds that the appellate division improperly convicted defendant of drug-impaired driving based on the testimony of a drug recognition expert because the expert examination contained some risk of confirmation bias and thus should not have been used as a per se test of guilt.
Court: New Jersey Supreme Court, Judge: Sabatino , Filed On: November 15, 2023, Case #: A-56-18, Categories: Dui, Experts
J. Cox finds that defendant was properly convicted of the second degree murder of his girlfriend. The state properly admitted the autopsy photos because they were not so gruesome as to inflame the jury. In this case, the state presented the minimum number of photos necessary to reflect the doctor's autopsy report, who opined that any of the twelve gunshot wounds could have been fatal. The photos demonstrated the identity of the victim, the different angles of the wounds, and showed the manner in which she died. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Cox, Filed On: November 15, 2023, Case #: 55,330-KA, Categories: Evidence, Murder
J. Firko finds that the trial court properly ruled against a church accused of allowing the sexual abuse of plaintiff, a then-minor, by her paternal grandfather, a church elder. A 1994 action sought damages for harm directly caused by the grandfather, and while the current action alleges the church allowed a known child abuser to serve as an elder, the Child Victims Act was intended to resurrect older claims. Affirmed.
Court: New Jersey Appellate Division, Judge: Firko , Filed On: November 15, 2023, Case #: A-1779-22, Categories: Civil Procedure, Negligence
J. Vyskocil denies the investment firm's motion for sanctions against the consultant firm's former counsel, Gibson Dunn, in a suit alleging the consultant was hired by the nation of Qatar to hack into the investment firm's principal's email servers to smear his reputation. The firm reasonably believed a partner's claim that she did not learn any confidential information regarding issues relevant to this action while serving as a Senior Assistant Special Counsel in Special Counsel Robert S. Mueller's office. Therefore, it found no conflict of interest that would bar its representation of the consultant firm.
Court: USDC Southern District of New York, Judge: Vyskocil, Filed On: November 15, 2023, Case #: 1:19cv11861, NOS: Racketeer Influenced and Corrupt Organizations (RICO) - Other Suits, Categories: Civil Procedure, Racketeering
J. Dick denies summary judgment to the Republican governor-elect of Louisiana on his argument as the stateâs current attorney general that "Black Voters Matter" does not have standing to represent black voters in a voting rights suit against the state. The organization concedes it does not have associational standing in the case but that it meets the constitutional requirement for injury-in-fact by presenting evidence that the stateâs allegedly discriminatory voter redistricting maps have required a diversion of organizational resources from its broader voter registration and community empowerment initiatives.
Court: USDC Middle District of Louisiana, Judge: Dick, Filed On: November 15, 2023, Case #: 3:22cv178, NOS: Voting - Civil Rights, Categories: Civil Rights, Constitution, Evidence
J. Pagan finds the trial court properly sanctioned a husband for violating discovery obligations and failing to comply with an order compelling production of documents. âHusbandâs sweeping claim of âequal accessâ ignores that many of the requested documents were not within wifeâs control, including husbandâs credit report and his Social Security statement, both of which were critical for an accurate analysis of husbandâs earnings and liabilities.â Affirmed.
Court: Oregon Court of Appeals, Judge: Pagan, Filed On: November 15, 2023, Case #: A177261, Categories: Family Law
J. Hendon finds the trial court properly entered final judgment in favor of the daughter in a lawsuit against Philip Morris related to her father's death from lung cancer, pulmonary disease and other ailments caused by his years of smoking Marlboro cigarettes. The trial court in part correctly denied Philip Morris's motion for summary judgment and for a directed verdict because there are disputes of fact regarding when the father's pulmonary disease manifested and the evidence admitted at trial supported the jury's verdict, which in part resulted in an award of $5.5 million in non-economic damages for the daughter and a mistrial on the issue of punitive damages. The trial court did not otherwise abuse its discretion in denying Philip Morris's other post-trial motions. Affirmed.
Court: Florida Courts Of Appeal, Judge: Hendon, Filed On: November 15, 2023, Case #: 23-0032, Categories: Damages, Negligence, Product Liability
[Consolidated.] J. Niemeyer finds the lower court properly entered judgment against the sheriff and granted injunctive relief to the Muslim woman whom the sheriff forced to pose for photos without her hijab while booking her for a traffic offense in violation of the First Amendment and the Religious Land Use and Institutionalized Persons Act of 2000. The sheriff was ordered to destroy all of the photos, which she did before filing an appeal of the judgment, so her appeal is now moot. However, the court improperly denied the Muslim woman's request for attorneys' fees without holding a hearing as to whether she qualifies as the prevailing party. Affirmed in part.
Court: 4th Circuit, Judge: Niemeyer, Filed On: November 15, 2023, Case #: 22-1826, Categories: Police Misconduct, Injunction
J. Gibbons finds the trial court improperly found for a high school on a student victim's deliberate indifference claim. The reporting of more than 1,000 instances of sexual misconduct at the school prior to the assault put the school on notice of a pervasive sexual harassment problem and allows her to bring the claim for the school's conduct before her assault. Furthermore, the lower court properly found for the victim on her Title IX claims related to the school's failure to discipline any of those involved or ensure the victim had access to education, as the administrators were aware of the numerous threats against the victim and her family following the release of a video of her sexual assault, which prevented her from attending school and resulted in lasting psychological harm. Affirmed.
Court: 6th Circuit, Judge: Gibbons, Filed On: November 15, 2023, Case #: 22-5125, Categories: Civil Rights, Education, Equal Protection