13 results for 'cat:"Civil Procedure" AND cat:"Jury"'.
J. Carlyle finds that the lower court properly entered a take-nothing judgment following a jury trial in this lawsuit stemming from an automobile accident. The appellant argues that the lower court improperly seated a juror "against whom he had exercised a peremptory challenge," but he failed to timely object to the issue. Affirmed.
Court: Texas Courts of Appeals, Judge: Carlyle, Filed On: April 1, 2024, Case #: 05-22-00920-CV, Categories: civil Procedure, jury, Tort
J. Deters finds the lower court erroneously granted the consumer's motion to withdraw her request for a jury trial over the pool company's objection. Although she was the party to pay the $500 jury deposit, Ohio law requires the consent of all parties to withdraw a jury request once the initial request has been perfected through payment. Reversed.
Court: Ohio Supreme Court, Judge: Deters, Filed On: March 26, 2024, Case #: 2024-Ohio-1065, Categories: civil Procedure, jury
J. Milazzo denies a request by a representative for a Louisiana investment firm, seeking to strike certain allegations from an Securities and Exchange Commission complaint against him and his employer that he says would prejudice the jury against him in a trial for a "cherry-picking" scheme. The SEC complaint includes allegations his previous employer fired him for inappropriate behavior that did not involve securities and that his current employer knew his ex-wife had accused him of misappropriating $450,000 from his sons’ trust accounts. The adviser can prevent prejudice by a pre-trial request to redact the allegations from the complaint “if and when it is shown to the jury.”
Court: USDC Eastern District of Louisiana , Judge: Milazzo, Filed On: March 21, 2024, Case #: 2:23cv5650 , NOS: Securities/Commodities/Exchange - Other Suits, Categories: civil Procedure, jury, Securities
J. Kruger holds that the trial court was within its discretion to deny a builder's request for relief from its waiver of its right to a jury trial in a contract dispute with a homeowner. The trial court properly prioritized the hardship the builder faced in preparing for a jury trial that the homeowner had requested, and then waived, when considering the builder's request for relief from its own jury trial waiver. But the trial court also had discretion to consider that the builder failed to demand a jury or post jury fees until the day the trial began. Also, the builder failed to show on appeal that the denial caused actual prejudice. Affirmed.
Court: California Supreme Court, Judge: Kruger, Filed On: February 26, 2024, Case #: S273368, Categories: civil Procedure, jury, Contract
[Consolidated.] J. Reidinger dismisses, with prejudice, a Walmart customer’s claims including assault, false arrest and defamation after a man associated with Walmart moved for a mistrial predicated upon the customer’s misconduct during a jury trial. As the customer was found to have disobeyed the court in front of the jury, he was charged with paying jury costs and all his claims were dismissed.
Court: USDC Western District of North Carolina, Judge: Reidinger, Filed On: February 13, 2024, Case #: 1:21cv318, NOS: Other Civil Rights - Civil Rights, Categories: civil Procedure, Civil Rights, jury
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J. Perret finds that the trial court properly denied the factoring company's motion for judgment notwithstanding the verdict after it was awarded no damages in its suit over unpaid invoices. There was no error in the jury instructions since they were "adequate and did not mislead the jurors in any way from reaching a verdict based on the law and facts." Affirmed.
Court: Louisiana Court Of Appeal, Judge: Perret, Filed On: November 15, 2023, Case #: CA-23-101, Categories: civil Procedure, jury, Contract
J. Murphy denies a Jewish group’s motion for summary judgment in this contract dispute case against a hotel it says failed to provide a proper venue for its annual Passover event, instead providing rooms filled with “a deeply inundating smell of cat waste, plumbing issues, lack of water, sewage backups ... non-Kosher cooking utensils and cooking equipment, and inoperable telephones.” A jury must determine what, if any, breaches of contract occurred between the parties.
Court: USDC Eastern District of Pennsylvania, Judge: Murphy, Filed On: October 25, 2023, Case #: 5:22cv0811, NOS: Other Contract - Contract, Categories: civil Procedure, jury, Contract
J. Overstreet finds that the appeals court properly reversed the lower court's order in favor of the city on the issue of whether collateral estoppel barred two convicted murderers from litigating their excessive force claims stemming from a fatal police shooting that killed a co-conspirator. However, the court correctly entered judgment in favor of the city on the estate's claims, because the jury's interrogatory answers firmly show it found the police officers' actions were not reckless when they used deadly force. Affirmed in part.
Court: Illinois Supreme Court, Judge: Overstreet, Filed On: October 19, 2023, Case #: 127837, Categories: civil Procedure, jury, Wrongful Death
J. Rodriguez finds a lower court ruled correctly by mostly ruling in favor of Austin after an employee accused the city of employment discrimination. The jury found that Austin had indeed taken some retaliatory actions against the employee but awarded him zero damages. The employee argued the jury and the lower court had erred in a number of ways, including when prosecutors referenced “domestic violence allegation details and false news reports” against him during closing arguments, but he did not adequately preserve error, and the jury could have reasonably concluded that he “did suffer mental anguish but [that] it stemmed from other circumstances in his life unconnected to his work environment.” Affirmed.
Court: Texas Courts of Appeals, Judge: Rodriguez, Filed On: September 6, 2023, Case #: 08-23-00041-CV, Categories: civil Procedure, jury, Employment Retaliation
J. Busby finds the court of appeals improperly ruled in favor of a mother whose parental rights were terminated by the trial court after that court extended the deadline to hold a jury trial. The court of appeals reversed the trial court’s order, finding that because the court failed to expressly note that the extension was due to extraordinary circumstances the mother is entitled to a dismissal of the case. On petition for review, the Texas Department of Family and Protective Services argues that the trial court was not required to expressly note the reason for the extension. While the Family Code requires the court to identify that an extension is needed in light of extraordinary circumstances, the mother failed to object and raise issues with the trial court's mistake. She, therefore, failed to preserve the right to raise the issue on appeal. Reversed.
Court: Texas Supreme Court, Judge: Busby, Filed On: June 16, 2023, Case #: 22-0420, Categories: civil Procedure, jury, Guardianship