202 results for 'filedAt:"2024-03-06"'.
J. Greer finds that a mother's parental rights were properly terminated since the daughter had been found naked and covered in dirt in a homeless camp after the mother abandoned the child during a domestic altercation with the father. Meanwhile, her children all had special needs. Affirmed.
Court: Iowa Court Of Appeals, Judge: Greer, Filed On: March 6, 2024, Case #: 23-1971, Categories: Family Law
J. Anderson reverses the Court of Appeals' order reversing the district court's findings that the defendant's arrest warrant had been quashed prior to her arrest and that a search of her person during the arrest was unconstitutional. The good-faith exception to the Minnesota Constitution's exclusionary rule does not apply to evidence obtained during a search on a quashed warrant in this case, since the arrest and search were closely connected to government error and the exclusion of evidence would serve the remedial purpose of the rule, particularly by deterring government misconduct generally.
Court: Minnesota Supreme Court, Judge: Anderson, Filed On: March 6, 2024, Case #: A22-1314, Categories: Drug Offender, Evidence
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J. McKeig reverses the Court of Appeals' finding that the Bureau of Mediation Services had appropriately weighed the statutory factors of the Public Employment Labor Relations Act, that it was authorized to consider over-fragmentation of bargaining units and that it had not departed from normal procedure in analyzing the police union's petition to determine an appropriate bargaining unit. The Bureau improperly gave controlling weight to its policy preference to certify only four basic county bargaining units, which is not found in PELRA. Reversed.
Court: Minnesota Supreme Court, Judge: McKeig, Filed On: March 6, 2024, Case #: A22-0911, Categories: Administrative Law, Labor / Unions
J. Buller finds that a professor was properly disciplined for plagiarism in her academic work since she had faced prior discipline for plagiarism and had failed to include attribution in her work, while blaming editors rather than taking responsibility for the error. Affirmed.
Court: Iowa Court Of Appeals, Judge: Buller, Filed On: March 6, 2024, Case #: 23-0426, Categories: Education, Employment
J. Hellman finds the post-conviction court properly denied defendant’s petition for relief from several counts of first-degree sex crimes against a minor. To preserve “a claim for replacement of counsel based on counsel’s oppositional statements as opposed to his claim based on counsel’s refusal to raise certain claims, petitioner needed to have objected to counsel’s response on the record.” Affirmed.
Court: Oregon Court of Appeals, Judge: Hellman, Filed On: March 6, 2024, Case #: A174808, Categories: Ineffective Assistance, Sex Offender, Child Victims
J. Hellman finds that the trial court property dismissed a hemp farm’s claim under the “timber trespass” statutes. “Plaintiff has not identified any allegations that defendants willfully or directly applied chemicals to plaintiff’s crop or land.” Affirmed.
Court: Oregon Court of Appeals, Judge: Hellman, Filed On: March 6, 2024, Case #: A176854, Categories: Property
Per curiam, the appellate division finds that the lower court improperly dismissed the company's negligence and breach of fiduciary duty claims against the administrator of its employee healthcare insurance account. The complaint adequately alleged a relationship between the company and the administrator that gave rise to a fiduciary duty, supporting the company's claim that the administrator is responsible for hiring a third-party that fraudulently overcharged it millions of dollars. Reversed.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: March 6, 2024, Case #: 01192, Categories: Fiduciary Duty, Negligence
Per curiam, the appellate division finds that the lower court improperly found for the church in a trip and fall suit. The church failed to show that the area of the sidewalk were the accident occurred was within a designated bus stop location maintained by the city. Reversed.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: March 6, 2024, Case #: 01172, Categories: Tort
J. Ludwig defines claim constructions for the fishing gear company's lawsuit against the storage systems company alleging the latter falsely claimed in bad faith that the fishing gear company violated its patent outlining design details of a tackle box for storing fishing equipment. The parties' competing definitions of relevant claim constructions are noted, and most terms require no specific construction. Exceptions include "transparent," which is defined as "allowing the transmission of light in order to provide interior views of the contents," and "nested," which is defined as "one panel partially positioned within another." Deadlines for discovery and dispositive motions are laid out through June 26, 2024.
Court: USDC Eastern District of Wisconsin, Judge: Ludwig, Filed On: March 6, 2024, Case #: 2:22cv503, NOS: Other Fraud - Torts - Personal Property, Categories: Fraud, Patent
[Consolidated.] Per curiam, the circuit finds that the district court properly convicted ex-attorney Michael Avenatti of wire fraud and aggravated identity theft in diverting a publisher's advance to client Stormy Daniels for a tell-all memoir about her life in the adult film industry and purported sexual encounter with Donald Trump. Avenatti contends the jury had been provided confusing and prejudicial instructions about the professional obligations of lawyers, but any error was harmless in light of the overwhelming evidence against him. Affirmed.
Court: 2nd Circuit, Judge: Per curiam, Filed On: March 6, 2024, Case #: 22-1242(L), Categories: Evidence, Identity Theft, Jury Instructions
J. Stark finds that the trial court improperly dismissed an appeal brought under the Contract Disputes Act concerning an FDA contract because the civilian board of contract appeals failed to provide the company an opportunity to be heard.
Court: Federal Circuit, Judge: Stark, Filed On: March 6, 2024, Case #: 22-1784, Categories: Civil Procedure, Contract
J. Stabile finds that the trial court in part correctly denied a group of newspaper and media outlets’ motion to intervene and in sealing of the public docket of a man who allegedly hired a hitman to shoot and kill a former business partner after business relations soured. Its decision to seal certain arrest warrant information was appropriate given the sensitivity of Pennsylvania’s ongoing investigation. Affirmed in part.
Court: Pennsylvania Superior Court, Judge: Stabile, Filed On: March 6, 2024, Case #: J-S99001-23, Categories: Evidence, Murder, Discovery
J. Kamins finds the trial court properly denied an individual's anti-SLAPP motion to strike. The court’s ruling was proper only as it relates to “plaintiffs’ claims arising out of the ‘barrage’ of text messages, conduct that had no connection to furthering defendant’s right to free speech.”
Court: Oregon Court of Appeals, Judge: Powers, Filed On: March 6, 2024, Case #: A177873, Categories: Anti-slapp
J. Kamins finds the trial court properly determined that the county did not retaliate against an employee because he complained to supervisors about facility safety issues. “There is no evidence that plaintiff raised any complaint within a year prior to his termination.” Affirmed.
Court: Oregon Court of Appeals, Judge: Kamins, Filed On: March 6, 2024, Case #: A179039, Categories: Employment Retaliation
J. Grogan finds the circuit court properly granted summary judgment to the commerce lobby and dry cleaning business in their lawsuit challenging certain regulations put in place by the natural resources agency regarding PFAS and other contaminants. The agency's policies for PFAS and other "emerging contaminants" fall under the statutory definition of "rules" according to the five-factor test established by Wisconsin Supreme Court precedent, and the rules are invalid and unenforceable because the agency did not put them through statutorily required rule-making procedures under state law which, among other things, give parties affected by the rules proper notice of how the law is to be implemented. Affirmed.
Court: Wisconsin Court of Appeals, Judge: Grogan, Filed On: March 6, 2024, Case #: 2022AP000718, Categories: Administrative Law, Environment, Agency