114 results for 'filedAt:"2024-01-16"'.
J. Sutton finds that the lower court properly revoked defendant's driving privileges after she was arrested for a DUI. The court reasonably found the officer had probable cause to believe she was intoxicated, and she was allowed an opportunity to contact an attorney following her arrest. Affirmed.
Court: Missouri Court Of Appeals, Judge: Sutton, Filed On: January 16, 2024, Case #: WD85515, Categories: Administrative Law, Vehicle
J. Mitchell finds that the lower court properly rejected a company's challenge to the state's award of a contract for non-essential medical transportation services to another bidder. There was no evidence that the state's evaluators abused their discretion when applying adjectival ratings to the bids submitted by bidders. The record supported the evaluators' decision to give the company a "Superior" rating rather than "Distinctive." Affirmed.
Court: Missouri Court Of Appeals, Judge: Mitchell, Filed On: January 16, 2024, Case #: WD86090, Categories: Administrative Law, Contract
J. Zamora finds the appeals court erroneously overruled the auditor's initial decision to impose taxes and penalties on the prison. The state tax department auditor correctly determined the Tennessee private prison company was not entitled to safe harbor protection and a refund of certain gross tax receipts for the housing of federal inmates, as its direct invoicing of the U.S. Marshals for such services did not allow for the issue of a nontaxable transaction certificate. Reversed.
Court: New Mexico Supreme Court, Judge: Zamora, Filed On: January 16, 2024, Case #: S-1-SC-38681, Categories: Licensing, Tax
J. Cannataro finds that the appellate division should have upheld a directed verdict entered for a mother who sought to affix liability for her son's death by drowning while swimming in a creek near low-head dams. Neither the mother nor the joint-counties oversight board was due a directed verdict on evidence that was insufficient to eliminate questions as to whether ownership of the dams ran with the land under them or had been transferred to the board by the federal agency that built them. Because the jury followed a rational process at trial and found the board not liable, remittal is necessary to reinstate that verdict.
Court: New York Court Of Appeals, Judge: Cannataro, Filed On: January 16, 2024, Case #: 08, Categories: Civil Procedure, Property, Wrongful Death
J. Reidinger grants summary judgment to an insurance company after a brewery sued it for an alleged breach of contract following a flood that damaged the brewery and its administrative building. According to the contract, only one building is covered per policy, but the brewery used one address for both buildings. Therefore, the company only awarded damages for claims on the building listed in the policy, not the other one, which does not constitute a breach of contract.
Court: USDC Western District of North Carolina, Judge: Reidinger, Filed On: January 16, 2024, Case #: 1:22cv267, NOS: Insurance - Contract, Categories: Insurance, Contract
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J. Davila grants final approval to a $10 million settlement in a class action brought by Health Net customers who were impacted by a data breach. Each class member may submit a claim to receive credit monitoring services for three years, a cash fund payment, or a documented loss payment of up to $10,000. The settlement also calls for Health Net to implement and maintain data security measures for 5 years.
Court: USDC Northern District of California, Judge: Davila, Filed On: January 16, 2024, Case #: 5:21cv3322, NOS: Other Contract - Contract, Categories: Settlements, Privacy, Class Action
J. Robie finds that the trial court properly denied a motion to compel arbitration of employment discrimination and retaliation claims after deciding not to sever the unconscionable terms of an employment contract's arbitration provision. The procedural and substantive unconscionability of the provision is so extensive, the trial court could not just eliminate the bad parts but would have had to rewrite it entirely. Affirmed.
Court: California Courts Of Appeal, Judge: Robie, Filed On: January 16, 2024, Case #: C097674, Categories: Arbitration, Employment
J. Gilliland denies a cybersecurity company’s motion to transfer a case to the Northern District of California after it was sued along with several other companies by a competitor in a consolidated and partially redacted case alleging infringement of several patents because the company has not shown that the California court is clearly more convenient.
Court: USDC Western District of Texas , Judge: Gilliland, Filed On: January 16, 2024, Case #: 6:22cv239, NOS: Patent - Property Rights, Categories: Patent, Venue
J. Suddaby rules in favor of New York State’s correctional and community supervision department on claims that it failed to provide timely access to complete and unredacted records regarding two inmates, one of whom died while in custody. The court finds the advocacy group’s claims are moot because the department had already provided the requested documents per the court’s orders, and there is little evidence to suggest the agency will make the same mistakes in the future.
Court: USDC Northern District of New York, Judge: Suddaby, Filed On: January 16, 2024, Case #: 1:20cv1487, NOS: Other Civil Rights - Civil Rights, Categories: Public Record
J. Riedmann finds the trial court properly convicted defendant by no-contest plea for attempted first-degree sexual assault. The 15-year-old victim testified the 21-year-old defendant, though they had been in a relationship, forced her to have intercourse when she broke up with him. He denied this, though DNA evidence shows the encounter happened and supports the conviction. All statutory factors were considered and the 15-20 year sentence is within limits. Counsel was not ineffective for not challenging the admission of victim testimony that defendant had grabbed her by the hair. Affirmed.
Court: Nebraska Court Of Appeals, Judge: Riedmann , Filed On: January 16, 2024, Case #: A-23-613, Categories: Dna, Evidence, Sex Offender
J. Bishop finds the trial court properly modified the custody order granting the parents joint physical custody of their son, with equal parenting time. The mother's claims of harmful conduct by the father were unfounded, while the child admitted to lying about being abused and record evidence shows the child's behavior improved after equal parenting time was awarded. Affirmed.
Court: Nebraska Court Of Appeals, Judge: Bishop , Filed On: January 16, 2024, Case #: A-23-111, Categories: Evidence, Family Law, Guardianship
J. Dorsey denies the criminal defense attorney's motion for class certification on her claims the corrections company recorded privileged calls between herself and incarcerated clients, violating federal and state wiretap acts. Common questions do not predominate over individualized consent and damages inquiries as to the proposed class of more than 2,000 attorneys.
Court: USDC Nevada, Judge: Dorsey , Filed On: January 16, 2024, Case #: 2:18cv1280, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Communications, Class Action
J. Duncan finds the district court properly denied defendant's habeas petition in which he sought relief from a state murder conviction wherein he received the death penalty. Defendant's claims of ineffective assistance as to trial counsel's actions involving jury selection and pretrial discovery were not properly briefed before the state appeals court. He has not shown the court would have ruled in his favor even with proper briefing. Affirmed.
Court: 5th Circuit, Judge: Duncan , Filed On: January 16, 2024, Case #: 19-70008, Categories: Habeas, Ineffective Assistance, Murder
J. Frisch affirms the district court's grant of summary judgment to the city in the landlords' suit seeking to overturn an ordinance barring landlords from discriminating against prospective tenants on the basis of their receipt of public assistance. The ordinance does not effect a physical or regulatory taking under the Minnesota Constitution, nor is it preempted by the Minnesota Human Rights Act.
Court: Minnesota Court Of Appeals, Judge: Frisch, Filed On: January 16, 2024, Case #: A23-0191, Categories: Constitution, Preemption, Housing
J. Hunt denies a school board’s motion to dismiss intentional infliction of emotional distress and failure to protect claims, brought by the parent of a bullied child. Over the course of several years, the child suffered repeated acts of physical and sexual assault by other students, including being stabbed with pencils, being kicked and punched, and having his genitals groped. The parent says teachers and staff knew of these incidents and were indifferent to them, and the court finds the parent alleged these claims sufficiently to survive dismissal motions.
Court: USDC Northern District of Illinois, Judge: Hunt, Filed On: January 16, 2024, Case #: 1:22cv4745, NOS: Other Civil Rights - Civil Rights, Categories: Negligence, Emotional Distress, Assault
J. Gruender finds a lower court properly sentenced a defendant to 84 months in prison after he pleaded guilty to arson for setting a fire in an apartment building hallway. The government argued that the defendant is a career offender based on prior crimes of violence. However, the defendant presented evidence in court that his prior conviction of domestic abuse was not a crime of violence. Affirmed.
Court: 8th Circuit, Judge: Gruender, Filed On: January 16, 2024, Case #: 23-1048, Categories: Sentencing, Domestic Violence, Arson
J. Tuchi grants the No Labels Party of Arizona's motion for preliminary injunction to enjoin certain potential candidates from running for office in the 2024 Presidential Preference Election. The No Labels Party sufficiently showed in court that they are entitled to nominate potential candidates of the offices of the President and Vice President exclusively, and not candidates who run for other offices.
Court: USDC Arizona, Judge: Tuchi, Filed On: January 16, 2024, Case #: 2:23cv2172, NOS: Voting - Civil Rights, Categories: Elections, Injunction
Per curiam, the appellate division finds that the lower court improperly denied the cyclist' motion for judgment on the issue of liability. The cyclist showed that the bus driver was negligent by stricking her with the protruding mirror of the bus while she was riding in a designated bike lane. Reversed.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: January 16, 2024, Case #: 00176, Categories: Vehicle, Negligence
J. Winmill denies the attorney general's emergency motion to stay the preliminary injunction preventing the attorney general and county from enforcing any provision of Idaho’s Vulnerable Child Protection Act during the pendency of the appeal. The Act prohibits gender-affirming medical care for children. The court has determined that the Act is unconstitutional as it discriminates on the basis of sex and transgender status. "The State is not harmed when a federal court enjoins an unconstitutional law."
Court: USDC Idaho, Judge: Winmill, Filed On: January 16, 2024, Case #: 1:23cv269, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights
J. Stabile finds that the lower court properly awarded monetary damages to two former executives of a design firm in this employment contract dispute in which they allege they were promised and then not awarded partnership equity in the company. The trial court did not abuse its discretion in drawing an adverse inference against the company’s founder. Affirmed.
Court: Pennsylvania Superior Court, Judge: Stabile, Filed On: January 16, 2024, Case #: J-A19017-23, Categories: Employment, Damages, Contract
J. Bencivengo allows the widow to pursue a deprivation of civil rights claim against certain individuals in her complaint alleging that the San Diego Sheriff's Department fabricated and mishandled evidence to advance their theory that she was responsible for her husband's death. The widow sufficiently alleges that certain detectives altered the crime scene, created a report contradicting an eyewitness statement, and omitted information from a witness in their police report. She also sufficiently alleges that a crime lab employee did not follow proper procedures in conducting his analysis of the blood found at the scene.
Court: USDC Southern District of California, Judge: Bencivengo, Filed On: January 16, 2024, Case #: 3:23cv1045, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Malicious Prosecution, Police Misconduct
J. Noreika grants summary judgment to an employer in discrimination claims contending an employee had been passed over for promotion in favor of younger applicants. The "cat's paw" liability theory failed because a supervisor's allegedly biased comments did not undercut input given by three different individuals concerning the employee's engineering competence.
Court: USDC Delaware, Judge: Noreika, Filed On: January 16, 2024, Case #: 1:22cv1224, NOS: Employment - Civil Rights, Categories: Employment Discrimination
J. Hart finds the undifferentiated fee clause in the attorney's employment contract that required him to pay a certain amount for each client that followed him when he left the law firm is a direct intrusion on the attorney-client relationship and violates the Colorado rules of professional conduct. Therefore, the clause is void under public policy. Affirmed in part.
Court: Colorado Supreme Court, Judge: Hart, Filed On: January 16, 2024, Case #: 2024CO1, Categories: Interference With Contract, Contract