219 results for 'filedAt:"2024-02-28"'.
[Consolidated.] J. Sumners finds that the trial court improperly subjected an out-of-state non-profit national youth organization to state court jurisdiction in underlying sexual abuse complaints because the organization did not avail itself of state benefits. That is not changed by the fact that specific youth groups had contact with the organization and paid membership dues. Reversed.
Court: New Jersey Appellate Division, Judge: Sumners , Filed On: February 28, 2024, Case #: A-3720-22, Categories: Negligence, Jurisdiction
J. Bokor finds the trial court partially erred in denying the wife's motion for contempt and establishing alimony payments in her and her husband's divorce proceedings. The trial court's "thorough and well-reasoned" order is affirmed in all but one respect, as part of its order holding that $2,000 in arrears be paid from the husband's 401(k) account relied on an order from a predecessor judge that was subsequently reversed. The case is remanded for the trial court to enter a new order. Affirmed in part.
Court: Florida Courts Of Appeal, Judge: Bokor, Filed On: February 28, 2024, Case #: 22-1418, Categories: Family Law
J. Lindsey finds the trial court improperly enjoined the disability services funding agency from terminating its Medicaid waiver agreement with the company providing home-based and community care for those with disabilities. The company has not shown a likelihood of success on the merits because it did not challenge the validity of the Florida statute that requires the termination-without-cause provision in the parties' agreement it claims was unconscionable, signed under duress and violates federal Medicaid regulations. The trial court's injunction is reversed and the case is remanded for further proceedings. Reversed.
Court: Florida Courts Of Appeal, Judge: Lindsey, Filed On: February 28, 2024, Case #: 22-1744, Categories: Medicaid, Agency
Want access to unlimited case records and advanced research tools? Create your free CasePortal account now. No credit card required to register.
Try CasePortal for Free
J. Aoyagi finds that the trial court properly dismissed complaints as time-barred. The court “correctly construed HB 4212 as extending the statutes of limitations through December 31, 2021, and consequently did not err in dismissing the complaints.” Affirmed.
Court: Oregon Court of Appeals, Judge: Aoyagi, Filed On: February 28, 2024, Case #: A179618, Categories: Negligence
J. Joyce finds the trial court properly granted defendant’s motion to suppress evidence found after an officer stopped him for failing to perform the duties of a driver and asked him a series of questions. “Questions related to theft or possession of items that ‘don’t belong’ are not closely tied to elements of the offense of failing to perform the duties of a driver.” Affirmed.
Court: Oregon Court of Appeals, Judge: Joyce, Filed On: February 28, 2024, Case #: A179398, Categories: Evidence, Search
J. Rosenbaum finds that the lower court improperly granted defendants summary judgment on a speech pathologist's traditional hostile work environment claim. Considering a major's statement that she intended to "get" the plaintiff, the major's race-baked remark, and failure to take action on an allegedly race-based patient-diversion scheme, a reasonable jury could find that the major pursued the pathologist's HIPAA violation "so vigilantly" at least partly because of her race. Vacated in part.
Court: 11th Circuit, Judge: Rosenbaum, Filed On: February 28, 2024, Case #: 21-12332, Categories: Employment Discrimination
J. Lafferty upholds the bankruptcy court's denial of a company's motion for relief from a fee order requiring it to pay attorney fees for a debtor arising from an approved agreement between it and the debtor. Contrary to the company's argument, the bankruptcy court had jurisdiction and it did not infringe on the company's due process rights. Affirmed.
Court: 9th Circuit, Judge: Lafferty, Filed On: February 28, 2024, Case #: NV-22-1212-LBC , Categories: Bankruptcy, Attorney Fees