191 results for 'filedAt:"2024-01-24"'.
J. Buller finds that the lower court should have held that an LLC had standing to file suit against a member-manager in a dispute among three brothers over their farm because all disinterested members authorized litigation, which overrode the requirement for unanimous consent of all member-managers. Reversed.
Court: Iowa Court Of Appeals, Judge: Buller, Filed On: January 24, 2024, Case #: 22-1601, Categories: Contract
J. Neyman affirms an award for damages of a woman who was bit by a dog, as well as the denial of her motion for partial summary judgment and denial of a directed verdict against the dog owner. The bitten woman filed the motion for partial summary judgment three years after the expiration of the tracking order deadline and she filed for the directed verdict before the dog owner had the opportunity to present her own case.
Court: Massachusetts Court Of Appeals, Judge: Neyman, Filed On: January 24, 2024, Case #: 22-P-954, Categories: Damages, Premises Liability
J. Buller finds that a mother's parental rights were properly terminated since she absconded from work release and relapsed on methamphetamine, and she had been evading an arrest warrant. Affirmed.
Court: Iowa Court Of Appeals, Judge: Buller, Filed On: January 24, 2024, Case #: 23-1661, Categories: Family Law
J. Buller finds that defendant was properly denied relief from his conviction for robbing a payday lender. Defendant contends counsel should have objected to the admission of a gun during trial, but the trial transcript indicates defendant instructed counsel to withdraw the objection for strategic purposes after discussing pros and cons. Affirmed.
Court: Iowa Court Of Appeals, Judge: Buller, Filed On: January 24, 2024, Case #: 22-1285, Categories: Evidence, Ineffective Assistance, Robbery
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Per curiam, the Supreme Court of Ohio finds the appeals court exceeded the scope of its jurisdiction on remand when it considered the threshold issue of whether the oil and gas drilling company had a cognizable property interest in its lease. This court's order required it only to conduct a proper takings clause analysis. Therefore, the case will again be remanded to allow the appeals court to consider whether the company suffered a total taking and is entitled to appropriation compensation. Reversed.
Court: Ohio Supreme Court, Judge: Per curiam, Filed On: January 24, 2024, Case #: 2024-Ohio-200, Categories: Energy, Property, Jurisdiction
J. Hernandez partially denies Fred Meyer judgment against the employees' class action alleging that Fred Meyer's new payroll system missed their paychecks and made them late or inaccurate. Fred Meyer argues that it cannot be held liable as a matter of law because it did not intend to cause the erroneous paycheck deductions, but it still deliberately issued paychecks knowing that the payroll system was causing these erroneous deductions as Fred Meyer activated the system knowing it was not ready and would cause errors.
Court: USDC Oregon, Judge: Hernandez, Filed On: January 24, 2024, Case #: 3:22cv1800, NOS: Other Labor Litigation - Labor, Categories: Class Action, Labor
J. Dillard finds that the trial court improperly granted the company's motion for permanent injunction in an action against the individual and ordered the individual to remove an affidavit asserting an ownership interest in a parcel of land currently owned by the company. The trial court incorrectly characterized the language expressing consideration in the quitclaim deeds conveying the property from the individual to the company. Vacated.
Court: Georgia Court of Appeals, Judge: Dillard, Filed On: January 24, 2024, Case #: A23A1382, Categories: Property
J. Joseph denies a request by the purchaser of 500 million 3M masks to vacate a final arbitration award to the manufacturer of $44,000 in breach of contract damages, plus attorney fees totaling $680,000. The purchaser had sufficient notice of the arbitration proceedings and was not denied due process.
Court: USDC Western District of Tennessee , Judge: Joseph, Filed On: January 24, 2024, Case #: 6:23cv1021, NOS: Other Statutory Actions - Other Suits, Categories: Arbitration, Covid-19, Contract