203 results for 'filedAt:"2024-02-07"'.
J. Robinson finds for the state in environmental claims brought against a chemical manufacturing facility accused of contaminating the environment by "using, manufacturing, and discharging per- and polyfluoralkyl substances" because the new corporation contractually assumed the liabilities of the previous corporation.
Court: North Carolina Business Court, Judge: Robinson, Filed On: February 7, 2024, Case #: 2024-NCBC-5, Categories: Environment
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J. Kyzar finds that the trial court properly granted partial summary judgment that the concrete truck driver was solely at fault for a rear-end auto accident that resulted in a fatal injuries to a child and serious injuries to her other family members. The evidence shows that although another driver had cut across the concrete truck driver's lane in order to avoid being hit by him, her actions were not a "substantial cause of the accident" since the concrete truck driver failed to keep his attention focused on the roadway and timely slow his vehicle before crashing into the family's car. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Kyzar, Filed On: February 7, 2024, Case #: CA-23-367, Categories: Evidence, Negligence, Wrongful Death
J. Montenegro grants the students' motion to overturn a magistrate judge’s discovery order in their case seeking a partial refund of tuition for the 2020-2021 academic year when the university switched to remote learning due to the Covid-19 pandemic. The magistrate judge erred in striking a supplemental expert report that was deemed untimely. The practical effect of striking the expert's damages calculation amounts to the dismissal of the students' contract and unjust enrichment claims, which is too severe a sanction.
Court: USDC Southern District of California, Judge: Montenegro, Filed On: February 7, 2024, Case #: 3:20cv1946, NOS: Other Contract - Contract, Categories: Education, Experts, Discovery
J. Murray finds that the lower court properly sentenced defendant for receiving a stolen firearm while living in an apartment with her paroled, live-in boyfriend who was not allowed to have firearms at his residence. Because it is reasonably related to her rehabilitation, the record supports a no-contact condition barring her from associating with her boyfriend, since she has been linked to stealing other items to support his crack cocaine habit. Affirmed.
Court: Pennsylvania Superior Court, Judge: Murray, Filed On: February 7, 2024, Case #: J-S46025-23, Categories: Firearms, Sentencing, Theft
J. Shubb denies, in part, a transport officer’s motion for summary judgment on the parents’ civil rights claims arising from the shooting death of their son. It is unclear whether the officer is entitled to immunity, as there are questions of fact whether the decedent was turning to flee at the time he was shot.
Court: USDC Eastern District of California, Judge: Shubb, Filed On: February 7, 2024, Case #: 2:22cv841, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Immunity
J. Tabor finds that defendant was properly denied postconviction relief after being convicted of robbery for holding up a Pizza Hut. His former co-workers recognized him and overwhelming evidence of the crime was found in defendant's car; therefore, counsel's recommendation that he waive a jury trial was an appropriate strategy. Affirmed.
Court: Iowa Court Of Appeals, Judge: Tabor, Filed On: February 7, 2024, Case #: 22-1885, Categories: Evidence, Ineffective Assistance, Robbery
[Consolidated.] Vice Chancellor Glasscock declines to award a $5 million mootness fee after a shareholder failed to prevail in a derivative shareholder action challenging a merger between Oracle and NetSuite in 2016. Oracle appointed two independent directors during the pendency of litigation, but incidentally and not as the aim of the litigation. Thus, the American Rule applies, and each party shall bear their own costs.
Court: Delaware Chancery Court, Judge: Glasscock, Filed On: February 7, 2024, Case #: 2017-0337-SG, Categories: Corporations, Attorney Fees
J. Pryor vacates the original panel opinion in this case and substitutes the instant opinion denying the immigrant's petition for review of the decision to remove him to Jamaica after he was convicted of aggravated felonies. The immigrant was brought to the United States by his father, who is a naturalized citizen, and was admitted as a lawful permanent resident. The immigrant claimed that a provision of a statute disallowing naturalized unmarried fathers from transmitting citizenship to their children violates the equal protection guarantee of the Fifth Amendment by discriminating based on race and sex. The immigrant would not have derived citizenship from his father even if the provision treated mothers and fathers the same. The immigrant's mother never naturalized and the mother's maternity was established, therefore the sex classification did not affect the denial of his citizenship claim.
Court: 11th Circuit, Judge: Pryor, Filed On: February 7, 2024, Case #: 22-10416, Categories: Immigration
Per curiam, the circuit finds that the district court improperly dismissed civil rights claims by an inmate who objected to being exposed to secondhand smoke at a county jail. The inmate named jail personnel who allegedly acted with deliberate indifference to tobacco and K2 synthetic cannabinoid smoke, which was acknowledged as present and difficult to curb. Meanwhile, the inmate should be allowed to amend certain claims against supervisory personnel.
Court: 2nd Circuit, Judge: Per curiam, Filed On: February 7, 2024, Case #: 22-190-pr, Categories: Prisoners' Rights
J. Shorr finds the trial court failed to strike certain statements made by the prosecutor to convict defendant of attempted second-degree murder and other crimes. “The prosecutor’s reference to a statement that was not admitted in evidence, and invitation to the jury to infer that the contents of that statement would not have benefitted defendant…deprived defendant of a fair trial.” Reversed.
Court: Oregon Court of Appeals, Judge: Shorr, Filed On: February 7, 2024, Case #: A177836, Categories: Murder, Prosecutorial Misconduct
J. Badding finds that defendant was properly convicted of OWI, second offense, and child endangerment. Someone in another vehicle reported that defendant had been driving dangerously with a young child in the front seat, and defendant reeked of alcohol and spoke with slurred speak during the traffic stop. Affirmed.
Court: Iowa Court Of Appeals, Judge: Badding, Filed On: February 7, 2024, Case #: 23-0100, Categories: Evidence, Dui
J. Greer finds that the lower court properly denied defendant's third application for relief from his 2005 conviction for possession of a controlled substance with intent to deliver, second offense, because defendant failed to provide new facts overcoming the statute of limitations. Affirmed.
Court: Iowa Court Of Appeals, Judge: Greer, Filed On: February 7, 2024, Case #: 23-0028, Categories: Criminal Procedure, Drug Offender
J. Salter finds that the circuit court properly dismissed an appeal challenging the constitutionality of a tax after an audit revealed that a company had not paid use tax on equipment. The tax did not violate the Due Process Clause of the Fourteenth Amendment or the Interstate Commerce Clause. Affirmed.
Court: South Dakota Supreme Court, Judge: Salter, Filed On: February 7, 2024, Case #: 2024SD8, Categories: Constitution, Tax
J. Robart grants the driver's motion to remand his complaint alleging that the insurance company must pay more than the offered $600,000 to settle their underlying lawsuit involving a car collision. The insurance company argues that its client's citizenship should be ignored because she is a nominal party or was fraudulently joined, but neither issue provides an exception to the one-year deadline for removal that the insurance company missed.
Court: USDC Western District of Washington, Judge: Robart, Filed On: February 7, 2024, Case #: 2:23cv1642, NOS: Insurance - Contract, Categories: Insurance, Jurisdiction, Contract
J. Powers finds the trial court erred in ruling that he forcefully prevented officers from arresting his friend. “Although defendant temporarily created a barrier between the officers and [the friend], defendant’s actions did not rise to the level of ‘force.’” Reversed.
Court: Oregon Court of Appeals, Judge: Powers, Filed On: February 7, 2024, Case #: A176017, Categories: Resisting Arrest
J. Salter finds that the circuit court properly granted a tenant’s motion for summary judgment concerning a breach of the management agreement claim for the purchase and subsequent leasing of a home. The circuit court also held that individuals were entitled to attorney fees under the terms of the listing agreement. Affirmed.
Court: South Dakota Supreme Court, Judge: Salter , Filed On: February 7, 2024, Case #: 2024SD10, Categories: Property, Attorney Fees
J. Currault grants a request by a T.J. Maxx store allowing it to withdraw admissions to facts that had been deemed admitted when it responded past a deadline to a litigant's discovery requests for her slip and fall suit. Allowing the store to withdraw the deemed admissions at the early stage of the litigation is proper. Withdrawal of the deemed admissions is favored, as it will allow for resolution of the litigant's suit on its merits rather than procedural error. Further, withdrawal will not hurt the litigant's case, despite her protests of the store counsel's "abuses of professional courtesies."
Court: USDC Eastern District of Louisiana , Judge: Currault, Filed On: February 7, 2024, Case #: 2:23cv5020, NOS: Other Personal Injury - Torts - Personal Injury, Categories: Civil Procedure, Tort, Discovery