203 results for 'filedAt:"2024-02-07"'.
J. Egan finds the trial court erred in modifying the parenting time provisions of the dissolution judgment’s parenting plan. There was no evidence “that the parents were unwilling to accommodate that distance or that the additional travel time would be detrimental to the child.” Reversed.
Court: Oregon Court of Appeals, Judge: Egan, Filed On: February 7, 2024, Case #: A177805, Categories: Family Law
J. Kennedy finds that the lower court properly granted summary judgment to the appellees on their fiduciary duty and securities claims against the appellant. Their petition alleged that certain material facts were misrepresented in connection with their investments. The lower court did not err "by refusing to withdraw the deemed admissions," as the appellant argues. Also, the evidence shows that the appellant was a "seller" under the Texas Securities Act. Affirmed.
Court: Texas Courts of Appeals, Judge: Kennedy, Filed On: February 7, 2024, Case #: 05-23-00238-CV, Categories: Securities, Fiduciary Duty
J. Chen dismisses class employment claims against United Airlines and a workers' union from employees who say the union and the airline conspired together to hash out a deal that reduced employee wages. The employees have not offered up meaningful proof of any "secret conspiracy" that resulted in reduced wages. The class of employees are given an opportunity to amend in the event they can point to a specific part of their contract the union or the company tried to subvert.
Court: USDC Northern District of California, Judge: Chen, Filed On: February 7, 2024, Case #: 3:23cv3939, NOS: Railway Labor Act - Labor, Categories: Employment, Labor / Unions
J. Russell grants a title insurance company’s motion to dismiss this titling insurance dispute brought by developers. The insured developers allege three residential lots they had title to were complied with the zoning code. A neighbor filed a claim alleging the property could not be developed as envisioned under the city’s zoning law; the title company then refused to defend the marketability of the developers’ title, so the property could not be sold at a profit. The court finds the insurance claim is not covered by the policy. Therefore, the insureds’ cross-motion for partial summary judgment is denied.
Court: USDC Maryland, Judge: Russell, Filed On: February 7, 2024, Case #: 1:23cv1877, NOS: Insurance - Contract, Categories: Insurance, Property
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J. Shea grants Anheuser-Busch's motion for summary judgment, ruling that while its agreement with the distributor gives it significant influence over day-to-day operations, it does not grant control of the company as understood by the Connecticut Liquor Control Act because the distributor is able to appoint its own management team and control the sale of its ownership stock, which renders the agreement enforceable.
Court: USDC Connecticut, Judge: Shea, Filed On: February 7, 2024, Case #: 3:20cv1003, NOS: Other Contract - Contract, Categories: Interference With Contract, Contract
J. Starr grants, in part, a black former employee's motion to enforce deposition notice against his former employer. His request for a corporate representative is granted based, in part, on the need for one to testify about the facts underlying his termination.
Court: USDC Northern District of Texas , Judge: Starr, Filed On: February 7, 2024, Case #: 3:23cv230, NOS: Other Civil Rights - Civil Rights, Categories: Discovery, Employment Discrimination
J. Chicchelly finds that a mother was properly granted physical care in a dissolution of marriage because the parents did not agree on how to raise and discipline their children, and the father made threats, including once cocking his gun, and physically assaulted the mother. Affirmed in part.
Court: Iowa Court Of Appeals, Judge: Chicchelly, Filed On: February 7, 2024, Case #: 23-0948, Categories: Family Law
J. Gwin finds testimony from codefendants established defendant was aware it was the intention of the three men to kill the victim for his suspected theft of their personal belongings, and that even if he had left the scene of the crime before the victim died, his beating of the victim with both his fists and a brick was sufficient to convict him of murder. Although defendant's attorney failed to cross-examine his accomplices about inconsistencies in their versions of the crime, his conduct did not rise to the level of ineffective assistance because the court gave a comprehensive instruction to the jury that all the accomplice testimony should be viewed with grave suspicion. Affirmed
Court: Ohio Court Of Appeals, Judge: Gwin, Filed On: February 7, 2024, Case #: 2024-Ohio-429, Categories: Evidence, Ineffective Assistance, Murder
J. Chicchelly finds that defendant was properly convicted of homicide by vehicle after using marijuana and methamphetamine and leaving the scene of the crash because crash analysis proved defendant caused the accident, and a blood test taken shortly thereafter proved drugs were in his system. Affirmed.
Court: Iowa Court Of Appeals, Judge: Chicchelly, Filed On: February 7, 2024, Case #: 22-1976, Categories: Evidence, Vehicular Homicide
J. Bourgeois grants a request by the manufacturer of a prescription medical device marketed as a noninvasive cosmetic surgery to remove fat, dismissing a patient's state law product liability claims the procedure caused her fat cells to thicken and expand instead. She does not directly state what warranty the manufacturer guaranteed. At best, she implies that the surgery was safe and would remove fat but this is not enough to support a breach of warranty claim.
Court: USDC Middle District of Louisiana, Judge: Bourgeois, Filed On: February 7, 2024, Case #: 3:23cv692, NOS: Personal Injury - Health Care/Pharmaceutical Personal Injury/Product Liability - Torts - Personal Injury, Categories: Health Care, Product Liability, Warranty
J. Borchers finds that defendant was improperly convicted of introducing a controlled substance into a jail. Law enforcement, rather than defendant, brought defendant's backpack containing drugs into the jail; therefore, evidence did not support his conviction. Reversed in part.
Court: Iowa Court Of Appeals, Judge: Tabor, Filed On: February 7, 2024, Case #: 22-1454, Categories: Drug Offender, Evidence
J. Blane finds that defendant was properly convicted of arson, attempted murder, and other charges because evidence indicated that he told a co-worker he would kill his wife if she ever tried to take their child and leave him. Evidence also indicated he set fire to her house while she, their daughter, and her parents were inside, and that he drove by as the residence burned. Affirmed.
Court: Iowa Court Of Appeals, Judge: Blane, Filed On: February 7, 2024, Case #: 22-1976, Categories: Evidence, Murder, Arson
J. Baker denies the insurer's motion to dismiss a putative class action brought by the insurance agents alleging that the insurer filed fraudulent tax documents and seeking injunctive relief barring the insurer from enforcing an asset transfer agreement. The class failed to allege facts entitling it to injunctive relief and it is not possible to adjudicate the injunctive relief request. However, the class's claim for monetary damages under the statute is subject to an arbitration provision. The parties are ordered to submit the underlying dispute as to the enforceability of the agreement provisions to arbitration.
Court: USDC Southern District of Georgia, Judge: Baker, Filed On: February 7, 2024, Case #: 4:20cv219, NOS: Other Contract - Contract, Categories: Arbitration, Class Action
J. Wilder-Doomes denies a request by the parish government of Baton Rouge to halt multiple civil rights suits alleging city police officers used a warehouse to strip-search and humiliate citizens during purported searches for illegal drugs. The parish has not established a stay of civil proceedings against officers of the street crimes unit at the so-called “BRAVE Cave” is warranted. No criminal charges have been filed and there is no information regarding the nature or extent of the overlap with any federal criminal investigation. However, the parish may re-urge its request for a stay, “if appropriate, as additional information develops.”
Court: USDC Middle District of Louisiana, Judge: Wilder-Doomes, Filed On: February 7, 2024, Case #: 23cv1313, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Emotional Distress, Police Misconduct