269 results for 'filedAt:"2024-03-28"'.
J. Boardman denies a loan originator and a third-party lender’s motion to compel arbitration in this contract dispute brought by a class of consumers. The class seeks damages and declaration the loan agreements are void and not enforceable. The originator and lender’s seek arbitration under the arbitration clause. The promise in the arbitration policy is illusory and the contract is not enforceable.
Court: USDC Maryland, Judge: Boardman, Filed On: March 28, 2024, Case #: 8:23cv2156, NOS: Other Contract - Contract, Categories: Arbitration, Banking / Lending, Contract
J. Howard upholds the trial court's admission of testimony from the mother of defendant's child during his trial on gun possession and related charges. The mother's testimony was "'direct and substantial proof'" of the charge. Affirmed.
Court: DC Court of Appeals, Judge: Howard, Filed On: March 28, 2024, Case #: 22-CF-0761 , Categories: Weapons, Witnesses
J. Goodwin grants the motion of the vice-president of the mortgage servicing company to dismiss the former customer's predatory lending suit, finding the customer "sets forth few allegations of fact aside from a brief recitation of vague and conclusory assertions." Additionally, the court sanctions the customer for his history of vexatious litigation and prohibits him from filing future pleadings in the Southern District without either seeking leave of the court or retaining the assistance of legal counsel.
Court: USDC Southern District of West Virginia, Judge: Goodwin, Filed On: March 28, 2024, Case #: 2:23cv429, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Sanctions, Housing
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J. Partida-Kipness finds in this interlocutory appeal that the lower court properly denied the defendants' motion to abate the lawsuit asserting breach of fiduciary duty claims. The appellants contend that the dispute is subject to arbitration, but the court disagrees, based on the unambiguous language of the appellee company's operating agreement. Affirmed.
Court: Texas Courts of Appeals, Judge: Partida-Kipness, Filed On: March 28, 2024, Case #: 05-23-00199-CV, Categories: Arbitration, Fiduciary Duty, Contract
J. Wilson finds that the trial court properly transferred the individual from the Texas Juvenile Justice Department to the Texas Department of Criminal Justice's Institutional Division to complete his sentence for felony aggravated robbery. There was no abuse of discretion in the ruling based on the seriousness of the offense and "appellant's prior adjudicated juvenile criminal history." Affirmed.
Court: Texas Courts of Appeals, Judge: Wilson, Filed On: March 28, 2024, Case #: 14-23-00078-CV, Categories: Jurisdiction, Juvenile Law
J. Pena finds that the lower court properly denied the city's plea to the jurisdiction, in which it sought to dismiss this premises liability lawsuit arising from an alleged bicycle accident on a city bike trail. The city's evidence established "the applicability of the recreational use statute," but it failed to address "the nature of the defect or whether it had knowledge of it." Affirmed.
Court: Texas Courts of Appeals, Judge: Pena, Filed On: March 28, 2024, Case #: 13-22-00401-CV, Categories: Negligence, Jurisdiction
J. Longoria finds that the lower court properly terminated the mother's parental rights to her child. The evidence sufficiently supports the lower court's findings. The mother tested positive for methamphetamine, failed to comply with her service plan and admitted to not knowing "how to fully care for her own children." Affirmed.
Court: Texas Courts of Appeals, Judge: Longoria, Filed On: March 28, 2024, Case #: 13-23-00583-CV, Categories: Evidence, Family Law
J. Contreras finds on rehearing that the lower court improperly granted the husband's claims for reimbursement and reconstitution of the marital estate due to fraud. The evidence does not support his reimbursement claim, which was based on his alleged efforts to enhance the wife's separate property. Also, the evidence does not show that the wife committed fraud against the community. Reversed in part.
Court: Texas Courts of Appeals, Judge: Contreras, Filed On: March 28, 2024, Case #: 13-23-00343-CV, Categories: Family Law, Property
J. Lynn dismisses Raytheon employees’ claims of race discrimination based on failure to promote and higher wages paid to non-Black employees. The judge finds several inconsistencies among Raytheon’s claims such as comparison of wages to higher positions, or not receiving promotions for positions that the employees did not actually apply for. All claims are dismissed without prejudice except in the case of one employee, who did not identify a protected activity that led to his retaliation claim.
Court: USDC Northern District of Texas , Judge: Lynn, Filed On: March 28, 2024, Case #: 3:22cv2675, NOS: Employment - Civil Rights, Categories: Employment, Employment Discrimination, Employment Retaliation
J. Hanks denies an appeal of a bankruptcy court order that denied, a property owner reconsideration in reopening a bankruptcy case related to the foreclosure of a home. The bankruptcy court dismissed the case because council for the property owner failed to appear at a hearing. The failure to appear, as well as abusive communication and a pattern of ignoring the court’s valid rejections, suggests an intentional delay that warrants dismissal with prejudice.
Court: USDC Southern District of Texas, Judge: Hanks, Filed On: March 28, 2024, Case #: 4:23cv2674, NOS: Bankruptcy Appeal 28 USC 158 - Bankruptcy, Categories: Bankruptcy, Civil Procedure
J. Mazzant affirms the judgment of the bankruptcy court in favor of co-trustees seeking to recover on a $3.2 million debt owed for violations of securities laws stemming from allegations the decedent's investments in a company were fraudulently procured. The debt was nondischargeable under the Bankruptcy Code since it resulted from a state court judgment for "violations of securities laws or fraud in connection with the sale or purchase of securities."
Court: USDC Eastern District of Texas , Judge: Mazzant, Filed On: March 28, 2024, Case #: 4:23cv109, NOS: Bankruptcy Appeal 28 USC 158 - Bankruptcy, Categories: Bankruptcy, Securities
J. Mortensen finds that the lower court properly convicted defendant of two counts of aggravated sexual abuse of his two minor daughters following his guilty plea. As part of the plea agreement, a sentence of two concurrent terms of six years to life was to be recommended, but at the sentencing hearing, the victims testified that they felt the sentence to be too lenient. The lower court sentenced defendant to 15 years to life for each count, to run concurrently. Defendant argues the prosecutor breached the plea agreement and the court should not have considered the victims’ view on the sentence. Defendant also asserts he received ineffective assistance by trial counsel for failing to object to the prosecutor’s statements at sentencing. However, there was no breach of the plea agreement and no deficiency in defendant’s legal representation. Affirmed.
Court: Utah Court Of Appeals, Judge: Mortensen, Filed On: March 28, 2024, Case #: 20221055-CA, Categories: Ineffective Assistance, Sentencing, Sex Offender
J. Smith finds that the trial court properly terminated the mother and father's parental rights to their child based on sufficient evidence to support the best interest finding. The mother used illegal drugs during her pregnancy and while the termination suit was pending, and the father knew the mother was using drugs but left the child in her care when he went to prison. Also, the father had engaged in violent criminal conduct against his elderly father-in-law and was arrested for assault family violence against the mother. Affirmed.
Court: Texas Courts of Appeals, Judge: Smith, Filed On: March 28, 2024, Case #: 10-23-00296-CV, Categories: Evidence, Family Law
J. Johnson finds that the juvenile court properly waived its jurisdiction and transferred the individual's case to criminal district court. There was sufficient evidence to support the finding that "for reasons beyond the control of the state, it was not practicable to proceed in juvenile court before" the individual's eighteenth birthday. Affirmed.
Court: Texas Courts of Appeals, Judge: Johnson, Filed On: March 28, 2024, Case #: 10-23-00337-CV, Categories: Family Law, Jurisdiction, Juvenile Law
J. Snyder grants a photographer's motion for default judgment in a copyright infringement dispute with a real estate services company. The photographer alleges that the company used one of her photos without permission and without credit. The photographer sent a cease and desist letter, but the company did not respond. The photographer has sufficiently alleged copyright infringement. The photographer is awarded $22,000 in statutory damages and $1512 in costs.
Court: USDC Central District of California, Judge: Snyder, Filed On: March 28, 2024, Case #: 2:23cv5528, NOS: Copyrights - Property Rights, Categories: Copyright, Damages
J. Aiken dismisses the employees' state law claims alleging that the union refused to allow the employees to opt out of a joining the union. The employees do not allege that the state directed the union's allegedly unconstitutional conduct, specifically by not showing how the union did something that is traditionally the government's job or that the state encouraged this unidentified conduct.
Court: USDC Oregon, Judge: Aiken, Filed On: March 28, 2024, Case #: 6:22cv906, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Labor / Unions
J. Borman grants a protective order in trademark infringement claims by requiring that initial disclosures, responses to discovery requests, deposition testimony, and exhibits remain confidential during the proceedings.
Court: USDC Eastern District of Michigan, Judge: Borman, Filed On: March 28, 2024, Case #: 2:23cv13149, NOS: Trademark - Property Rights, Categories: Trademark, Discovery, Privilege
J. Streeter finds the lower court properly denied defendant’s petition for relief. Defendant was convicted of first-degree murder and attempted robbery and sentenced to 50 years to life. He was granted a resentencing hearing after a lower court found he was denied counsel, and though the same errors were repeated during the resentencing hearing, the instant court finds them harmless. Evidence is sufficient to support defendant’s convictions and sentence, along with associated enhancements. Affirmed.
Court: California Courts Of Appeal, Judge: Streeter, Filed On: March 28, 2024, Case #: A166001, Categories: Murder, Sentencing, Self Representation
J. Goldman finds the lower court properly rendered judgment against a property owner in this contract dispute. A business and a property management company entered into a letter of intent to lease a property. The business paid double rent for a period of 20 months to hold the property vacant while it sought a permit to operate a cannabis dispensary. The letter of intent stated that once the permit was obtained, the owner would transfer possession of the property to the business so that it could operate the dispensary; but once the permit was obtained, the owner refused claiming he would never have agreed to lease to a cannabis dispensary. A settlement was reached via mediation, but the property owner later refused to sign the formal agreement. The lower court found the mediated term sheet to be an enforceable agreement, and judgment was rendered against the owner who was ordered to pay the business $1.6 million per the terms of the agreement. The instant court reverses the award of prejudgment interest in the amount of $55,671, but otherwise agrees with the lower court's findings. Affirmed in part.
Court: California Courts Of Appeal, Judge: Goldman, Filed On: March 28, 2024, Case #: A166242, Categories: Landlord Tenant, Real Estate, Contract
J. Prior finds that the lower court improperly ruled that a transgender prison sergeant's hostel work environment claim failed because the harassment he suffered was not sufficiently severe. The harassment he faced was frequent, physically threatening and humiliating.
Court: 11th Circuit, Judge: Pryor, Filed On: March 28, 2024, Case #: 22-13073, Categories: Employment Discrimination
J. Thomas finds that the district court properly denied a habeas corpus petition in a case in which defendant was sentenced to death after a jury convicted him of murder of one woman and the rape, sodomy and forced oral copulation of another. Defendant claimed that his trial counsel was ineffective for failing to challenge a pathologist's qualifications after he was contracted to perform an autopsy in the matter. Affirmed.
Court: 9th Circuit, Judge: Thomas, Filed On: March 28, 2024, Case #: 20-99011, Categories: Death Penalty, Habeas, Ineffective Assistance
J. Menendez partially grants the medical technology company's motion to dismiss the shareholders' suit alleging that it misrepresented a product's progress toward FDA approval to investors. The shareholders have not alleged facts showing that any of the company's backward-looking statements about the product were false statements of material fact or actionable omissions. Other statements the shareholders point to are inactionable opinions, and their complaint does not include any statements by the company or its officers guaranteeing or assuring that the product would be approved by the FDA, at all or on a particular timeline.
Court: USDC Minnesota, Judge: Menendez, Filed On: March 28, 2024, Case #: 0:22cv2197, NOS: Securities/Commodities/Exchange - Other Suits, Categories: Fraud, Securities, Class Action
J. Nelson grants a board of education’s motion for summary judgment in this employment dispute brought by a former employee. The employee alleges he was terminated after being refused a pay raise for obtaining his master’s degree, and that other, similarly situated employees received the pay raise. The board cannot be liable for alleged discrimination and retaliation because the superintendent failed recommend terminating the employee. The former employee’s motion for partial summary judgment is denied and his motion for leave to amend his claim to add race discrimination and retaliation claims is granted.
Court: USDC Southern District of Alabama, Judge: Nelson, Filed On: March 28, 2024, Case #: 1:22cv84, NOS: Employment - Civil Rights, Categories: Employment, Employment Discrimination, Employment Retaliation
J. Orme finds that the lower court properly found in favor of a collector and dismissed a debtor’s complaint. Although it may be true that the collector was not registered under the Utah Collection Agency Act, the circumstance existed prior to the lower court proceedings, and the debtor did not object or act to preserve the issue for appeal. Additionally, the debtor’s claim of violation of the Fair Debt Collections Practice Act fails as it is not distinct from her other claim. Affirmed.
Court: Utah Court Of Appeals, Judge: Orme, Filed On: March 28, 2024, Case #: 20210518-CA, Categories: Debt Collection
J. Hoffstadt finds that the trial court properly rejected a facial challenge to the constitutionality of legislation granting cities and counties some discretion to preempt local law in order to increase housing density on a parcel-by-parcel basis. The legislature can supersede local zoning and land use law to address matters of statewide concern, such as a housing shortage. The legislation's preemption of local housing density caps is limited and does not run afoul of voter initiative rights. The legislation permissibly delegates the legislature's preemptive power to local legislative bodies. Affirmed.
Court: California Courts Of Appeal, Judge: Hoffstadt, Filed On: March 28, 2024, Case #: B321875, Categories: Preemption, Zoning, Housing
J. Wiley finds that the trial court properly ordered a liquor store to hire guards and stop selling single servings of alcohol. The state met its burden under the drug house statute by showing that third parties used the store to sell drugs, the owner knew about the drug dealing and the owner failed to take reasonable steps to stop the activity. Affirmed.
Court: California Courts Of Appeal, Judge: Wiley, Filed On: March 28, 2024, Case #: B309295, Categories: Injunction
J. Thurston refuses to dismiss a mother’s due process, invasion of privacy and negligence claims against a sergeant related to the murder of her incarcerated son by a cellmate, and officers’ alleged release of photos of his mutilated body. She has sufficiently alleged these claims and the sergeant is not entitled to qualified immunity.
Court: USDC Eastern District of California, Judge: Thurston, Filed On: March 28, 2024, Case #: 1:21cv1349 , NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Immunity, Prisoners' Rights