174 results for 'filedAt:"2024-03-21"'.
Per curiam, the court of appeal approves the proposed refinements to the "Workgroup on the Improved Resolution of Civil Cases" proposals to amend the Florida Rules of General Practice and Judicial Administration with modifications. The amendments become effective on July 1, 2024.
Court: Florida Supreme Court, Judge: Per curiam, Filed On: March 21, 2024, Case #: SC2023-0837, Categories: Civil Procedure, Judiciary
Per curiam, the Florida Supreme Court rejects the proposed stipulation between the Judicial Qualifications Commission and Polk County Judge John Flynn for alleged misconduct during his 2022 campaign. The commission misinterpreted the Code of Judicial Conduct, as the meeting the judge attended was not a political party function.
Court: Florida Supreme Court, Judge: Per curiam, Filed On: March 21, 2024, Case #: SC2023-1435, Categories: Elections, Judiciary
J. Litkovvitz grants in part and denies in part motions by claimants disputing the proper beneficiary of a decedent’s life insurance policy and Roth IRA in an interpleader case undertaken by the insurance company that issued the policy. The decedent removed her husband as beneficiary of the policy, replacing his name with her sister’s during a divorce in progress at the time of the decedent’s death. The judge ruled that a temporary restraining order covering the couple’s assets during the divorce proceeding invalidated the beneficiary change. However, the judge does not find that the sister’s claim to the IRA amounts to conversion, as argued by the decedent’s husband, because decedent’s sister did not fully control the funds.
Court: USDC Southern District of Ohio, Judge: Litkovvitz, Filed On: March 21, 2024, Case #: 1:22cv435, NOS: Insurance - Contract, Categories: Family Law, Insurance, Wills / Probate
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J. Morrison finds that an executive employee of a financial services company was improperly terminated because the employee’s contract called for a 90-day notice to terminate without good cause, or a 10-day cure period to terminate with good cause, and the employee received neither. The employee also entered a claim of fraudulent inducement related to a contract that he was told was identical to a previous contract but after signing, discovered that it included a new shareholder agreement. The judge found that this did not constitute fraud because the employee could have more closely examined the document.
Court: USDC Southern District of Ohio, Judge: Litkovvitz, Filed On: March 21, 2024, Case #: 2:21cv5837, NOS: Other Contract - Contract, Categories: Employment, Fraud, Preemption
J. Rose dismisses a case in which a Canadian bakery alleges that an Ohio woman conducted a cyberbullying campaign in which she defamed the establishment to her 16,000 TikTok follows, claiming that her ex-husband who was delinquent on his child support married one of the owners of the bakery. The bakery says her posts generated numerous negative comments and bad reviews. The court lacks diversity jurisdiction.
Court: USDC Southern District of Ohio, Judge: Rose, Filed On: March 21, 2024, Case #: 3:23cv135, NOS: Other Personal Injury - Torts - Personal Injury, Categories: Damages, Defamation, Jurisdiction
J. Lanzinger finds that the trial court properly denied a motion to suppress evidence and correctly weighed the entire body of evidence in appellant’s burglary conviction. The appellant claims that no probable cause existed to search his car so evidence from the vehicle should be removed but the judge finds that detectives statement provided to the magistrate judge was sufficient for warrant to search the vehicle. As to the weight of the total body of evidence, the judge concludes that this case is not one in which the prosecution has contrived a path that does not match the body of evidence overall.
Court: Ohio Court Of Appeals, Judge: Lanzinger, Filed On: March 21, 2024, Case #: 2024-Ohio-1031, Categories: Burglary, Criminal Procedure, Constitution
J. Poissant finds that the trial court improperly ruled in favor of the decedent's independent executrix in a dispute over a previously-assigned interest in a hospice care business. The former co-owner raised a fact issue on his declaratory relief claim alleging the assignment lacked adequate consideration and was void. Reversed.
Court: Texas Courts of Appeals, Judge: Poissant, Filed On: March 21, 2024, Case #: 14-22-00144-CV, Categories: Civil Procedure, Contract
J. Jewell finds that the trial court properly dismissed the couple's suit against the homeowners' association (HOA) and directors. The couple did not give any evidence of damages sustained from the HOA's alleged breach of the subdivision declaration. Affirmed.
Court: Texas Courts of Appeals, Judge: Jewell, Filed On: March 21, 2024, Case #: 14-23-00273-CV, Categories: Property, Contract
J. Johnson grants mandamus relief to the plaintiff driver who challenges an order granting the truck company's motion to compel an independent medical examination of him for an auto accident case. The company failed to show good cause for the examination, so the order should be vacated.
Court: Texas Courts of Appeals, Judge: Johnson, Filed On: March 21, 2024, Case #: 10-24-00028-CV, Categories: Civil Procedure, Negligence
J. Bonilla grants plaintiff review of the decision denying attorney fees in claims brought under the National Childhood Vaccine Injury Act of 1986 because the special master failed to consider that the claim was made in good faith and was not meritless.
Court: Court of Federal Claims, Judge: Bonilla, Filed On: March 21, 2024, Case #: 10-667V, Categories: Attorney Fees
J. Aarons finds that an appeal should be dismissed as brought from the decision awarding workers' compensation to a caseworker who slipped and fell while leaving a home visit because the employer no longer was aggrieved when a dispute over deposing the worker's medical provider was resolved internally by the workers' compensation board.
Court: New York Appellate Divisions, Judge: Aarons, Filed On: March 21, 2024, Case #: 535782, Categories: Workers' Compensation
J. Mackey finds that the workers' compensation board properly held that a construction employee suffered an accidental, work-related injury when he fell into a hole at a job site because the employee's accident report and his treating chiropractor supported the claim despite conflicting testimony. Affirmed.
Court: New York Appellate Divisions, Judge: Mackey, Filed On: March 21, 2024, Case #: CV-22-2146, Categories: Workers' Compensation
J. Aarons finds that the workers' compensation board properly held that a police officer had removed himself from the labor market in claims contending he sustained injury in a trip-and-fall accident in his capacity as union representative. The officer alleged the injuries led to his involuntary retirement months later, but he had been on light duty for similar neck and back injuries twice before, primarily doing union work. Affirmed.
Court: New York Appellate Divisions, Judge: Aarons, Filed On: March 21, 2024, Case #: CV-23-0503, Categories: Workers' Compensation
J. Pritzker finds that civil service employees who work as vocational instructors at state prisons were properly held ineligible for benefits on grounds that they were not totally unemployed. The instructors, who followed a September-June academic year, previously worked optional summer employment before the Covid-19 pandemic, but the fact that classes were not held in the summer of 2020 did not render them eligible for regular or pandemic unemployment benefits because they remained full-time, salaried workers. Affirmed.
Court: New York Appellate Divisions, Judge: Pritzker, Filed On: March 21, 2024, Case #: CV-22-2054, Categories: Employment, Covid-19
J. Reynolds Fitzgerald finds that a civil service employee who worked as a vocational instructor at a state prison was properly held ineligible for benefits on grounds that he was not totally unemployed. The instructor, who followed a September-June academic year, previously worked optional summer employment before the Covid-19 pandemic, but the fact that classes were not held in the summer of 2020 did not render him eligible for regular or pandemic unemployment benefits since he continued full-time, salaried employment. Affirmed.
Court: New York Appellate Divisions, Judge: Reynolds Fitzgerald, Filed On: March 21, 2024, Case #: CV-23-0541, Categories: Employment, Covid-19
J. Drell grants summary judgment to a Texas-based corrugated packaging company, dismissing breach of contract claims by a transportation service in Mississippi. The proposed written contract for warehousing services and its terms are unenforceable, and the corrugated packaging company in Texas did not promise the Mississippi company a three-year term for warehousing services.
Court: USDC Western District of Louisiana , Judge: Drell, Filed On: March 21, 2024, Case #: 1:20cv445, NOS: Other Contract - Contract, Categories: Evidence, Business Practices, Contract
J. Orme finds that an administrative court's order demoting an employee in rank and reducing his pay was arbitrary and capricious. The sanction for violating a county policy against employees supervising their relatives was not proportional since he was following orders by superiors who knew the policy and knew the assignments would result in his working with his wife. The sanction was also inconsistent since two comparable employees had also violated the policy but faced no discipline. Reversed.
Court: Utah Court Of Appeals, Judge: Orme, Filed On: March 21, 2024, Case #: 20220449-CA, Categories: Employment
J. Luthy finds that counsel should have asked for a unanimity jury instruction on an aggravated sexual abuse of a child charge. But defendant was not prejudiced since the activity supporting the charge occurred during the same interaction that resulted in his rape of child conviction. And admission of hearsay testimony was likely error but did not cause prejudice since it was the same as other properly admitted evidence. Affirmed.
Court: Utah Court Of Appeals, Judge: Luthy, Filed On: March 21, 2024, Case #: 20210381-CA, Categories: Confrontation, Ineffective Assistance, Sex Offender
J. Kelly certifies question to the Oklahoma Supreme Court whether the state attorney general can “take and assume control” from the governor, who was sued in his official capacity, to defend the state’s interests against four tribes’ challenge to the validity of certain tribal gaming compacts. The district court poses the question on its own initiative and, thus, denies the attorney general’s motion to certify the question as moot.
Court: USDC District of Columbia, Judge: Kelly, Filed On: March 21, 2024, Case #: 1:20cv2167, NOS: Administrative Procedure Act/Review or Appeal of Agency Decision - Other Suits, Categories: Administrative Law, Civil Procedure
J. Horan grants, in part, a test prep company's motion for discovery in its case against a competitor for allegedly copying its materials and trade dress. The company has shown limited jurisdictional discovery related to the contacts between the competitor and another party is appropriate.
Court: USDC Northern District of Texas , Judge: Horan, Filed On: March 21, 2024, Case #: 3:23cv447, NOS: Copyrights - Property Rights, Categories: Copyright, Trademark, Discovery