170 results for 'filedAt:"2024-04-17"'.
J. Egan finds the trial court properly convicted defendant, after a jury trial, for 30 sexual offenses committed against his stepson. “Because the jury heard evidence of other crimes, the prosecutor had reason to ensure that the jury found defendant guilty on each count based on the evidence that corresponded with each charge.” Affirmed.
Court: Oregon Court of Appeals, Judge: Egan, Filed On: April 17, 2024, Case #: A177520, Categories: Evidence, Sex Offender, Child Victims
J. Egan finds the trial court erred in convicting defendant of murder after prosecutorial misstatements. “Prosecutor’s argument during his rebuttal both misstated the burden of proof and encouraged the jury to decide the case with reference to impermissible character-based reasoning that directed the jury ‘away from the facts [and] toward emotion.’” Reversed.
Court: Oregon Court of Appeals, Judge: Egan, Filed On: April 17, 2024, Case #: A178335, Categories: Murder, Prosecutorial Misconduct
J. Worthen finds the trial court properly entered a take nothing judgment against the driver. It is undisputed the insured driver was injured by the at-fault, hit-and-run driver. The insurer paid policy limits and says the driver is abusing the system by seeking $400,000 in damages. Photos of the accident showed minor damage to the driver's car. Furthermore X-ray, MRI and EMG evidence showed the driver had chronic and degenerative conditions resulting from a prior injury but did not show evidence of acute injuries. Affirmed.
Court: Texas Courts of Appeals, Judge: Worthen , Filed On: April 17, 2024, Case #: 12-23-00133-CV, Categories: Evidence, Insurance
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Per curiam, the appellate division finds that the lower court improperly granted the patient $1.25 million in damages for emotional distress in a medical malpractice suit stemming from a doctor's recommendation she be treated with methotrexate, a drug used to terminate ectopic pregnancies, without ordering a follow-up ultrasound. This treatment required the patient to abort her baby due to the potentially devastating effects of the drug. While there is evidence to support the jury's finding of medical malpractice, resulting in a $250,000 award for pain and suffering, the $1.2 million emotional distress award is excessive. Reversed in part.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: April 17, 2024, Case #: 02080, Categories: Damages, Medical Malpractice
Per curiam, the appellate division finds that the lower court improperly granted the patient $1.25 million in damages for emotional distress in a medical malpractice suit stemming from a doctor's recommendation she be treated with methotrexate, a drug used to terminate ectopic pregnancies, without ordering a follow-up ultrasound. This treatment required the patient to abort her baby due to the potentially devastating effects of the drug. While there is evidence to support the jury's finding of medical malpractice, resulting in a $250,000 award for pain and suffering, the $1.2 million emotional distress award is excessive. Reversed in part.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: April 17, 2024, Case #: 02080, Categories: Damages, Medical Malpractice
Chancellor McCormick grants a partner in an investment fund compound interest on carried interest principal that had been withheld based on the suspicion that he was in breach of non-compete provisions contained in LLC agreements governing rights to carried interest. The court has discretion to do so when the parties are financially sophisticated and capable of earning at least the equivalent of compound interest on the principal.
Court: Delaware Chancery Court, Judge: McCormick, Filed On: April 17, 2024, Case #: 2021-0262-KSJM, Categories: Contract
J. Murphy finds the circuit court properly dismissed the ex-husband's motion for modification of support and alimony. Though the husband's income decreased, and he says there is no longer a need for the obligation since the wife's income has increased, he is still capable of meeting the obligation. The court correctly found, and the record supports, the wife still has a need for support “to maintain the...lifestyle for [her]...children." Affirmed.
Court: Arkansas Court Of Appeals, Judge: Murphy , Filed On: April 17, 2024, Case #: CV-23-315, Categories: Evidence, Family Law, Contract
J. Klappenbach finds the trial court improperly convicted defendant for two counts of criminal mischief. Although evidence shows defendant stole a truck from a repair shop and then hit two other vehicles, a vehicle owner's testimony about the cost of the damage and the document pertaining to the insurance payout to the body shop were inadmissible hearsay. Reversed.
Court: Arkansas Court Of Appeals, Judge: Klappenbach , Filed On: April 17, 2024, Case #: CR-23-529, Categories: Robbery, Due Process, Vandalism
J. Harrison finds the circuit court properly dismissed the father's appeal of the order terminating his parental rights. The Department of Human Services exercised custody of two of the children after their infant sibling died and the crime lab discovered drugs in the body. The children have achieved permanent placement, and all evidence supports termination. The court lacked authority to reopen the case once the children achieved permanency. The dependency-neglect case is closed, and there is no jurisdiction to reopen. Affirmed.
Court: Arkansas Court Of Appeals, Judge: Harrison , Filed On: April 17, 2024, Case #: CV-23-737, Categories: Family Law, Jurisdiction, Guardianship
J. Harrison finds the circuit court properly denied the attorney's claim for legal fees. The attorney sought fees from the estate of his deceased brother's deceased wife for long-term legal work he claims to have provided "on loose payment terms." The deceased brother lost the contract suit he brought against his wife alleging her failure to pay him for property sales. There is substantial evidence the attorney was paid. Affirmed.
Court: Arkansas Court Of Appeals, Judge: Harrison , Filed On: April 17, 2024, Case #: CV-23-212, Categories: Property, Attorney Fees, Contract
J. Miller finds the lower court improperly determined the amount of attorney fees to be awarded to an insurance company. USAA Insurance prevailed in litigating a personal injury protection case, and attorney fees were awarded, but the lower court found the attorneys were operating under a verbal flat rate agreement and reduced the fee judgment accordingly, and failed to award appellate fees in their entirety. The instant court finds no testimony presented that USAA worked under a flat rate agreement, and it is entitled to recover reasonable attorney fees. The matter is remanded to the lower court to determine and award reasonable fees, taxable costs and expert fees. Reversed.
Court: Florida Courts Of Appeal, Judge: Miller, Filed On: April 17, 2024, Case #: 2022-2032, Categories: Insurance, Attorney Fees, Contract
J. Logue finds the lower court improperly dismissed a property owner’s motion to enforce a settlement agreement. A loan company sought foreclosure on a piece of real estate owned by the property owners, upon which a settlement agreement was reached. Within the settlement agreement is language stating that the trial court will retain jurisdiction regarding enforcement of the settlement, but the loan company argues the lower court never approved the settlement, only a joint stipulation; the instant court disagrees. Reversed.
Court: Florida Courts Of Appeal, Judge: Logue, Filed On: April 17, 2024, Case #: 2022-1872, Categories: Settlements, Jurisdiction, Foreclosure
J. Scales finds the lower court properly convicted defendant of criminal conspiracy to tamper with evidence for attempting to arrange for the destruction of a cell phone that contained evidence pertaining to a first-degree murder charge for which he was jailed, and eventually acquitted. Evidence is sufficient to support his conviction for conspiracy to tamper with evidence and sentence of 300 days in the county jaile with four years of probation. Defendant’s arguments for acquittal are without merit and he is not entitled to relief. Affirmed.
Court: Florida Courts Of Appeal, Judge: Scales, Filed On: April 17, 2024, Case #: 2022-0134, Categories: Evidence, Conspiracy