177 results for 'filedAt:"2024-04-25"'.
[Consolidated.] J. Powers finds that the lower court properly denied borrowers reargument in collections claims for failure to present material facts challenging proof of credit card charges proffered by the bank, and because the borrower's affirmative defense of usury lacked merit, since New York usury laws do not apply to national banking institutions located outside the state. Affirmed.
Court: New York Appellate Divisions, Judge: Powers, Filed On: April 25, 2024, Case #: CV-22-2220, Categories: Banking / Lending
J. Fisher finds that the workers' compensation board improperly denied a senior court officer benefits on grounds that he was not a participant in 9/11 rescue, recovery, and cleanup efforts at the World Trade Center. The officer qualified for benefits under the "liberal construction" of special provisions of workers' compensation law tied to the New York attacks, as the officer helped clear the area for emergency vehicles and personnel. Reversed.
Court: New York Appellate Divisions, Judge: Fisher, Filed On: April 25, 2024, Case #: CV-23-0103, Categories: Workers' Compensation
J. McShan finds that the workers' compensation board properly awarded benefits to a health care aide after determining her head, neck, and arm injuries had been job-related because, while no one witnessed the aide fall inside the home of a patient, she had been found there unconscious and bleeding. Affirmed.
Court: New York Appellate Divisions, Judge: McShan, Filed On: April 25, 2024, Case #: CV-23-0221, Categories: Workers' Compensation
J. Lynch finds that the workers' compensation board properly declined to reconsider the denial of a housekeeper's claim seeking benefits for injuries sustained to her back and both knees because board members who denied the claim for failing to provide timely written notice did not commit an abuse of discretion upon also denying reconsideration. Affirmed.
Court: New York Appellate Divisions, Judge: Lynch, Filed On: April 25, 2024, Case #: CV-23-0370, Categories: Civil Procedure, Workers' Compensation
J. Rakoff grants the borrower's motion to dismiss the lender's claim for breach of the implied covenant of good faith in a dispute over the repayment of a $4.3 million loan, but denied the motion to dismiss the breach of contract claim. The complaint adequately alleges the lender complied with its contractual obligation to negotiate in good faith, and the lender showed it suffered damages. However, the breach of implied covenant claim is duplicative of the breach of contract claim.
Court: USDC Southern District of New York, Judge: Rakoff, Filed On: April 25, 2024, Case #: 1:23cv11230, NOS: Other Contract - Contract, Categories: Banking / Lending, Contract
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J. Simons finds that the trial court lacked jurisdiction to order restitution after the end of defendant's probation on a hit-and-run conviction. Where a restitution order is for losses caused by a collision and not for the criminal act of leaving the scene, the order is a condition of probation and jurisdiction may not extend beyond the termination of probation. Reversed.
Court: California Courts Of Appeal, Judge: Simons, Filed On: April 25, 2024, Case #: A167703, Categories: Restitution, Vehicle, Jurisdiction
J. Seeger partially grants a lending agency’s motion to dismiss claims by a borrower that it disguised its consumer loans as business loans. The borrower brought three claims over this alleged financial deception; one for violations of the Illinois Interest Act, another for Electronic Funds Transfer Act breaches, and the third for violations of the Illinois Consumer Fraud and Deceptive Business Practices Act. The court dismisses portions of the borrower’s Illinois Consumer Fraud and Deceptive Business Practices Act claim, but allows the rest of the complaint to move forward.
Court: USDC Northern District of Illinois, Judge: Seeger, Filed On: April 25, 2024, Case #: 1:23cv15452, NOS: Truth in Lending - Torts - Personal Property, Categories: Fraud, Business Practices, Banking / Lending
J. Easterbrook finds that the lower court improperly found for the school in a Title IX sex discrimination suit filed by a male medical student who was found to have physically abused a female student off-campus. The medical student was not expelled until he applied to the university's business school and described his mere suspension as an "exoneration," which the dean of the medical school found to be a falsification. The male student should have been given notice and an opportunity to defend himself before summary expulsion. However, in order to continue with this suit, the male student must disclose his full name, as he is neither a minor nor at risk of improper retaliation. Vacated.
Court: 7th Circuit, Judge: Easterbrook, Filed On: April 25, 2024, Case #: 22-1576, Categories: Civil Rights, Education
J. Goodman finds the lower court properly denied an anesthesiologist's motion to dismiss for failure to comply with the expert report requirements of the Texas Medical Liability Act. A mother sued the anesthesiologist, alleging negligence after administering an epidural during the birth of her son, resulting in a permanent brain injury to the child. But the mother failed to serve an amended expert report by the 30-day deadline, so the anesthesiologist entered a motion to dismiss. The lower court denied the motion, and the anesthesiologist argues it should have been granted because the lower court errantly granted the mother an extension, implying a deficiency in the expert report. The instant court agrees the extension was erroneously granted, but alone does not indicate an issue with the report, and on review finds the causation opinion in the original report to be adequate, and the expert qualified. Affirmed.
Court: Texas Courts of Appeals, Judge: Goodman, Filed On: April 25, 2024, Case #: 01-23-00817-CV, Categories: Negligence, Experts, Medical Malpractice
J. Walker reverses the lower court's original order sentencing defendant to 2 to10 years in prison after entering a Kennedy plea the previous February for the death of another motorist she caused in 2014 while driving under the influence. The judge committed plain error and violated Rule 11 of the Rules of Criminal Procedure when he participated in the plea negotiations and caused defendant to detrimentally rely upon his assurance she would be sentenced on home confinement in exchange for her plea. Reversed.
Court: West Virginia Supreme Court Of Appeals, Judge: Walker, Filed On: April 25, 2024, Case #: 22-672, Categories: Sentencing, Dui
J. Walker reverses in part the lower court's order granting injunctive relief to the city for enforcement of a combined $198,150 fine against the construction company and its owner for building and fire code violations issued by the city's municipal court the previous August, and appointment of a special commissioner to oversee sale of the building the construction company used as a rental unit. While the judge did not abuse her discretion by granting the city's request for injunction for enforcement of the judgments, she erred by appointing the special commissioner to move forward with sale of the building without the issuance and return of a writ of fieri facias. Reversed in part.
Court: West Virginia Supreme Court Of Appeals, Judge: Walker , Filed On: April 25, 2024, Case #: 22-0503, Categories: Municipal Law, Property, Enforcement Of Judgments
J. Aarons finds that the lower court properly sentenced defendant in absentia and outside his plea deal after he cut off his ankle bracelet and absconded because defendant had been expressly advised by the court that both could occur if he failed to show up for sentencing. Affirmed.
Court: New York Appellate Divisions, Judge: Aarons, Filed On: April 25, 2024, Case #: 113291, Categories: Sentencing, Assault, Plea
J. Lynch finds that the lower court properly classified defendant as a risk level three sex offender on remand from the finding that he had received ineffective assistance because his presumptive level two designation was automatically raised to level three in light of his 1993 conviction for attempted rape. Meanwhile, he was deemed a sexually violent offender and a predicate sex offender. Affirmed
Court: New York Appellate Divisions, Judge: Lynch, Filed On: April 25, 2024, Case #: 531683, Categories: Sentencing, Sex Offender
J. Mackey finds that the lower court properly classified defendant as a risk level two sex offender with a sexually violent offender designation. Defendant contends sworn statements from his then-13-year-old victim contained discrepancies concerning allegations that he used forcible compulsion and engaged in sexual intercourse with her, but the girl subsequently divulged other sexual abuse committed by defendant while she was in therapy.
Court: New York Appellate Divisions, Judge: Mackey, Filed On: April 25, 2024, Case #: 533009, Categories: Evidence, Sex Offender
J. Reynolds Fitzgerald finds that defendant was properly denied reclassification after being designated a risk level three sex offender for raping two minors. Defendant, who had been held in civil confinement for violating parole, and who went back to prison after being convicted of an aggravated family offense, points to the fact that he was 62 years old, but he failed to demonstrate that he completed sex offender treatment. Meanwhile, defendant's lengthy criminal history accumulated other convictions. Affirmed.
Court: New York Appellate Divisions, Judge: Reynolds Fitzgerald, Filed On: April 25, 2024, Case #: 535716, Categories: Sentencing, Sex Offender
Per curiam, the appellate division finds that the lower court properly denied the patient's motion for leave to amend the bill of particulars in a medical malpractice claim. The patient's excuse that she only learned of the new claims after the parties' depositions is not reasonable, as the medical records should have informed her of these claims. Affirmed.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: April 25, 2024, Case #: 02262, Categories: Evidence, Medical Malpractice
J. Shanker upholds defendant's stalking conviction which was based, in part, on his repeated threatening emails and texts to a former coworker, and his sending of letters to his former employer and government agencies claiming the coworker had engaged in misconduct. Although he argues the trial court should have instructed the jury that his communications should be considered unprotected speech, he did not ask for the instruction and his rights were not violated. Affirmed.
Court: DC Court of Appeals, Judge: Shanker, Filed On: April 25, 2024, Case #: 22-CM-0963, Categories: Evidence, Jury
J. Smith denies the insurer’s motion for summary judgment in this insurance dispute stemming from an uninsured motorist claim related to a collision involving the insured vehicle caused by another vehicle driver that fled the scene in Texas. The insurer argues the policy does not cover hit-and-runs in another state because the insured misrepresented the fact the vehicle would be garaged in Alabama and failed to timely provide the change in garaging. There is a genuine issue of material fact on if the policy was void from the beginning and that the evidence presented by the insurer fails to show that the vehicle was not at the policy’s garaged location.
Court: USDC Northern District of Alabama , Judge: Smith, Filed On: April 25, 2024, Case #: 5:23cv934, NOS: Insurance - Contract, Categories: Insurance, Vehicle
J. Fallon finds an international commodity trading company based in the U.K. is entitled to $629,000 in unpaid invoices for fuel delivered to a cargo vessel in Spain. The fuel provider has not been paid by either of two charterers or the vessel. The vessel was arrested in the Port of New Orleans and released on a $775,000 bond. The commodity trader is provided to a maritime lien against the vessel’s owner for the unpaid fuel, plus interest and fees for a total amount of $722,000.
Court: USDC Eastern District of Louisiana , Judge: Fallon, Filed On: April 25, 2024, Case #: 23cv595, NOS: Marine - Contract, Categories: Maritime, Damages, Banking / Lending
J. Powers finds that the lower court improperly declined to recalculate a father's child support arrears after he lost his full-time job because omissions in financial paperwork were not relevant to the 17-month period during which the father was either unemployed or only worked part-time while being treated for kidney failure. On remittal, the court should determine how to credit an overpayment of child support that had been made after one of his three children turned 21. Reversed.
Court: New York Appellate Divisions, Judge: Powers, Filed On: April 25, 2024, Case #: CV-23-0508, Categories: Family Law