269 results for 'filedAt:"2024-03-28"'.
J. Jenkins finds the lower court properly determined that an arbitration agreement, signed by a health care agent, does not bind the principal to its terms. A patient at a skilled nursing facility had executed a medical power of attorney prior to being admitted. The power of attorney designated a specific person to act as his agent concerning health care matters, and when the patient experienced a medical circumstance that required a stay at a skilled nursing facility, his agent signed a contract for the patient to be admitted and a separate arbitration agreement. When the patient was discharged and decided to file suit against the nursing facility regarding his care, the nursing facility asked the court to compel arbitration per the agreement. But the lower court found that the patient’s admission was not contingent upon the agent signing the separate arbitration agreement, therefore the arbitration agreement was outside the scope of the agent’s authority, as it was not a health care decision at that point. Affirmed.
Court: California Supreme Court, Judge: Jenkins, Filed On: March 28, 2024, Case #: S276545, Categories: Arbitration, Health Care, Contract
J. Pritzker finds that the lower court should have upheld the decision disallowing a city bus driver's claim seeking workers' compensation for work-related psychological injury from exposure to Covid-19. Under new guidance, plaintiffs must prove causation by establishing that Covid-19's presence in the workplace constituted an "extraordinary event" due to the risk of elevated exposure.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: March 28, 2024, Case #: 535458, Categories: Covid-19, Workers' Compensation
J. Worthen finds the trial court properly denied defendant's second motion for post-conviction DNA testing. Defendant was convicted of capital murder and sentenced to life in prison for the robbery and shooting death of a convenience store operator. Eyewitness testimony and DNA evidence link defendant to the scene of the crime during the appropriate timeframe. Defendant does not explain what newer testing techniques are available, what result he anticipates the testing would produce or how that result would cast doubt on the conviction. Affirmed.
Court: Texas Courts of Appeals, Judge: Worthen , Filed On: March 28, 2024, Case #: 12-23-00246-CR, Categories: Dna, Murder, Robbery
Per curiam, the circuit finds that the district court properly dismissed claims contending an employer withheld income taxes from an employee's paycheck because withholding is mandatory for employers under the internal revenue code, and thus written notice the employee provided to cease doing so had no effect. Meanwhile, the employee's request to amend the claim was properly denied as futile. Affirmed.
Court: 2nd Circuit, Judge: Per curiam, Filed On: March 28, 2024, Case #: 23-1201-cv, Categories: Employment, Tax
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J. Lauber finds for the commissioner of internal revenue in collection due process claims concerning tax liability because settlement officers did not abuse their discretion in denying the taxpayer "currently not collectible" status.
Court: U.S. Tax Court, Judge: Lauber, Filed On: March 28, 2024, Case #: 2024-37, Categories: Tax
J. Hutchinson finds that the lower court properly denied defendant's request for pretrial release on domestic violence charges. Defendant has a significant criminal history of assaultive conduct, and it was reasonable to find no pretrial conditions could mitigate defendant's danger to his victim. Affirmed.
Court: Illinois Appellate Court, Judge: Hutchinson , Filed On: March 28, 2024, Case #: 230476, Categories: Bail, Domestic Violence
J. Knecht finds that the lower court improperly ordered respondent subject to involuntary administration of psychotropic medications. The state failed to fulfill its obligation to amend the allegations in its petition after learning that respondent potentially had a healthcare power of attorney naming her mother as the healthcare agent. Further, there is no evidence the state attempted to discuss with the mother a treatment plan for her daughter. Reversed.
Court: Illinois Appellate Court, Judge: Knecht, Filed On: March 28, 2024, Case #: 220788, Categories: Competence
J. Kleeh denies the family business's but grants the hydrocarbon exploration company's cross motions for summary judgment in a breach of contract suit claiming the company failed to properly pay oil and gas royalties in Doddridge County. Since the business does not own the interests in the three leaseholds specified in count two of its complaint, the court finds there is no enforceable contract between it and the company.
Court: USDC Northern District of West Virginia, Judge: Kleeh, Filed On: March 28, 2024, Case #: 1:22cv1, NOS: Other Contract - Contract, Categories: Energy, Property, Contract
J. Nagala finds that pro se Chinese dissident’s claim against YouTube and Google, which demonetized his channel after the Chinese Communist Party allegedly hacked it, does not violate the terms of service agreement. The court converts to a motion for summary judgment.
Court: USDC Connecticut, Judge: Nagala, Filed On: March 28, 2024, Case #: 3:23cv513, NOS: Other Civil Rights - Civil Rights, Categories: Communications, Contract, Technology
J. Bailey finds that the lower court properly entered a civil commitment order pursuant to the Texas Civil Commitment of Sexually Violent Predators Act. The lower court did not err by denying the appellant's request for a mistrial, in which he argued that the venire panel saw him "in jail attire and restraints." Affirmed.
Court: Texas Courts of Appeals, Judge: Bailey, Filed On: March 28, 2024, Case #: 11-22-00046-CV, Categories: Commitment
J. Soud finds the trial court properly denied the citizen's motion to add a claim for punitive damages in her lawsuit against AMC over injuries she suffered when she fell and was stepped on by other patrons who were rushing out of a movie theater after an AMC employee announced that everyone had to evacuate because of a shooting in the parking lot. The citizen has not met the burden of proving AMC was grossly negligent in its training of employees and supposed failure to ensure policies that would not lead to the "panic and confusion" that caused her injuries, so there is no basis for a punitive damages claim. Affirmed.
Court: Florida Courts Of Appeal, Judge: Soud, Filed On: March 28, 2024, Case #: 22-2671, Categories: Civil Procedure, Negligence
J. Schiltz dismisses the insured's suit seeking indemnification for losses caused by a fraudulent wire transfer. The insured's loss stemmed from "social-engineering fraud," and it has failed to allege that it followed an "established and documented verification procedure" before obeying the fraudster's instructions. It therefore fell under an exclusion under the insured's policy.
Court: USDC Minnesota, Judge: Schiltz, Filed On: March 28, 2024, Case #: 0:23cv510, NOS: Insurance - Contract, Categories: Insurance, Contract
J. Jackson denies an offshore oilfield worker’s request for remand of his slip-n-fall some three miles off the Louisiana coast in the Gulf of Mexico. The worker unsuccessfully argues removal of his suit from state court was improperly based on federal jurisdiction over the Outer Continental Shelf lands in the Gulf of Mexico. Although he argues he was off-duty when he fell, the worker would not have been injured “but-for” his employment on the platform, where the vessel was moored and engaged in oil and gas activities in federal waters.
Court: USDC Middle District of Louisiana, Judge: Jackson, Filed On: March 28, 2024, Case #: 3:20cv00250, NOS: Other Personal Injury - Torts - Personal Injury, Categories: Maritime, Tort, Jurisdiction
J. Dick affirms a bankruptcy court ruling a “mom and pop” repair company proved its exception to the Chapter 13 protection of a homeowner, who converted a final payment of insurance proceeds for flood damage to his own use, causing substantial damage to the contractor. The contractor testified he was forced into personal debt from neck surgery after the homeowner failed to pay him. The homeowner “knowingly breached his clear contractual obligation to pay” the contractor when he kept the final check. Affirmed.
Court: USDC Middle District of Louisiana, Judge: Dick, Filed On: March 28, 2024, Case #: 3:23cv625, NOS: Bankruptcy Appeal 28 USC 158 - Bankruptcy, Categories: Bankruptcy, Construction, Damages
J. Jackson grants the employer's motion to dismiss the employee's suit alleging that she was terminated for taking medical leave after her son was shot and that her supervisors defamed her. The employee, a pro se litigant, has failed to state any of her claims.
Court: USDC District of Columbia, Judge: Jackson, Filed On: March 28, 2024, Case #: 1:23cv2249, NOS: Family and Medical Leave Act - Labor, Categories: Employment, Defamation, Employment Discrimination
J. Contreras denies the employee's motion for summary judgment in her suit alleging that she was demoted, reassigned and ultimately terminated in retaliation for her criticisms of her employer's response to the Covid-19 pandemic in early 2020, and partially grant's the employer's summary judgment motion. The employee argues that seven protected disclosures she made led to retaliation, but has only established a prima facie case of retaliation in relation to one of these seven. The employee's First Amendment retaliation claim survives summary judgment, since the employers' relevant, legitimate interests in protecting the release of inmates' and staff's health information are minimal relative to the employee's interest in "shedding light on the deplorable conditions in the D.C. Jail and the ongoing threat to inmate and staff safety." Finally, the employee's motion to file a substantial portion of her filings under seal is granted as to 16 exhibits, but denied as to others, including some which included information designated as confidential by the employer "out of an abundance of caution."
Court: USDC District of Columbia, Judge: Contreras, Filed On: March 28, 2024, Case #: 1:20cv2944, NOS: Other Statutory Actions - Other Suits, Categories: Employment, Whistleblowers, Employment Retaliation
J. Summerhays refuses to dismiss punitive damages claims by a police officer who alleges the police chief violated his First Amendment rights by retaliating against him for warning the public about criminal activity at a Knights of Columbus Hall, managed by the chief’s personal friends. The chief placed him under investigation for a department violation when the off-duty officer used his personal Facebook page to warn the public that there would be a shooting at the local KC Hall, which in fact occurred hours later. The officer’s allegations satisfy the requirements for penalty damages.
Court: USDC Western District of Louisiana , Judge: Summerhays, Filed On: March 28, 2024, Case #: 6:20cv1063, NOS: Other Civil Rights - Civil Rights, Categories: Constitution, Damages, Police Misconduct