142 results for 'filedAt:"2024-01-17"'.
J. Solomon finds that the appellate division properly admitted handguns, ammunition, narcotics, and cash that had been discovered in a suitcase defendant left outside a train station while being pursued by police because defendant abandoned the suitcase in a public place by fleeing the scene to avoid lawful arrest. Affirmed.
Court: New Jersey Supreme Court, Judge: Solomon , Filed On: January 17, 2024, Case #: A-31-22, Categories: Drug Offender, Search, Weapons
J. Love finds that the trial court properly dismissed a woman's action seeking repayment for money loaned to her former romantic partner for a vacation and for renovation work on the partner's house. In this case, more than three years elapsed since the loans were made. Therefore, the partner's exception of prescription was properly granted. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Love, Filed On: January 17, 2024, Case #: 2023-CA-0526, Categories: Civil Procedure, Evidence, Contract
J. Gallagher denies a video subscription service’s motion for reconsideration in this class action filed by subscribers that claim the website unlawfully disclosed to Facebook their personally identifiable information in violation of the Video Privacy Protection Act and the California state law. The video subscription service has not provided the court with any authority that online users manifest assent to a provider’s terms. The court also denies the class of subscribers’ motion to appoint counsel because the factors outlined have not been met.
Court: USDC Maryland, Judge: Gallagher, Filed On: January 17, 2024, Case #: 1:23cv2265, NOS: Other Statutory Actions - Other Suits, Categories: Privacy, Class Action
J. Maxa finds that the lower court improperly sentenced defendant on a DUI conviction. The lower court imposed an exceptional sentence against defendant, finding that the standard range sentence would be too lenient given his offender score. But such a determination of leniency needs to be determined by a jury, not the trial court. Reversed.
Court: Washington Court Of Appeals, Judge: Maxa, Filed On: January 17, 2024, Case #: 58050-1-II, Categories: Sentencing, Dui
J. Vera finds in favor of the children protective services (CPS) against the Native American tribe's complaint that CPS violated the Indian Child Welfare Act (ICWA) by not fully investigating the two children's Native American ancestry and not giving the tribe proper notice. The tribe and the biological parents do not provide facts showing that the biological parents or the children were either members of or eligible for membership of any tribe during the adoption proceedings.
Court: USDC Central District of California, Judge: Vera, Filed On: January 17, 2024, Case #: 2:22cv1586, NOS: Other Civil Rights - Civil Rights, Categories: Family Law, Native Americans
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J. Cody finds that the trial court properly tossed a surfer's negligence claim against another surfer who dropped in on the wave he was riding and struck him. Surfing is inherently risky and the rules of etiquette are often ignored. Surfers routinely collide or lose control of their boards, ride longboards without a leash and drop in on waves, so the primary assumption of risk doctrine that applies to snow skiing also applies to bar negligence claims that lack evidence of recklessness. Affirmed.
Court: California Courts Of Appeal, Judge: Cody, Filed On: January 17, 2024, Case #: B324465, Categories: Negligence
J. Pinson finds that the trial court properly convicted defendant of murder and possession of a firearm by a convicted felon during a crime. Sufficient evidence was presented to support defendant's convictions and to allow the jury to reject defendant's claim that he was framed by a police officer. The trial court correctly admitted into evidence entries from the victim's journal, which was found in a closet at the crime scene. The victim, defendant's wife, wrote in the days before the crime about her volatile relationship with defendant and about her fear of what might happen between them. There was no evidence that the victim had a motive to fabricate her statements. Affirmed.
Court: Georgia Supreme Court, Judge: Pinson, Filed On: January 17, 2024, Case #: S23A1089, Categories: Evidence, Murder
Per curiam, the Georgia Supreme Court accepts attorney Sharon L. Barksdale's petition for voluntary discipline and directs that the attorney receive a public reprimand for her admitted violations of the Georgia Rules of Professional Conduct. The attorney failed to tell her client that she did not prepare or submit a proposed order in a child custody modification case.
Court: Georgia Supreme Court, Judge: Per curiam, Filed On: January 17, 2024, Case #: S24Y0016, Categories: Judiciary, Attorney Discipline
J. Ray denies, in part, a grocery store's motion for summary judgment in a lease agreement dispute concerning the replacement of an HVAC system. Although the agreement explicitly says the grocery store, as tenant, is not responsible for the replacement, the lease is ambiguous whether the landlord must replace the system.
Court: USDC Northern District of Texas , Judge: Ray, Filed On: January 17, 2024, Case #: 4:22cv980, NOS: Other Contract - Contract, Categories: Landlord Tenant, Contract
J. Zilly stays a portion of the Korean restaurant's case accusing the city of not answering the restaurant's calls for help for the Capital Hill Occupying Protest's foreseeable issues involving property damage, loss of business revenue and violent crime. The restaurant's claims for substantive due process, taking and negligence are dismissed with prejudice. The remainder of the case is stayed pending a ruling by the Washington Supreme Court in "Campeau v. Yakima HMA LLC."
Court: USDC Western District of Washington, Judge: Zilly, Filed On: January 17, 2024, Case #: 2:23cv540, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Property, Due Process
J. Black finds that the trial court improperly ruled for Pasco County in this dispute over agency funding because the state constitution obliges the county to fund the "multiagency criminal justice information system." Reversed.
Court: Florida Courts Of Appeal, Judge: Black, Filed On: January 17, 2024, Case #: 2D23-305, Categories: Agency
J. Menetrez finds that the trial court properly refused to compel the arbitration of a minor's claims that the producer of the video game Apex Legends tricked players into buying cosmetic items, characters and other game-specific currency. The trial court had discretion to determine that the minor had disaffirmed the arbitration agreement along with all other contracts he signed when buying the game. Affirmed.
Court: California Courts Of Appeal, Judge: Menetrez, Filed On: January 17, 2024, Case #: E080414, Categories: Arbitration, Consumer Law, Juvenile Law
J. Williams grants, in part, Yale University's motion for summary judgment, ruling the former chief of cardiovascular medicine cannot make a plausible contract claim related to his removal from that position after sexual assault allegations. His employment agreement with the university guaranteed only his job as a professor. However, because the removal of several honorific titles and endowments after the allegations could be considered an adverse employment action under precedent from the Second Circuit Court of Appeals, the sex discrimination claim will proceed.
Court: USDC Connecticut, Judge: Williams, Filed On: January 17, 2024, Case #: 3:19cv1547, NOS: Employment - Civil Rights, Categories: Education, Employment Discrimination, Contract
J. Navarro grants Ancestry.com's motion to dismiss for lack of jurisdiction a suit filed by Nevada citizens who claim it used their names, images and identities without consent. The citizens’ allegations allow inference the company markets widely, sending email promotions and advertising subscription services without regard to location. The citizens’ injury, that their personal information is impermissibly being used to sell subscriptions, would “follow [them] wherever [they] might... live or travel,” and is not enough to demonstrate the company's actions were aimed at Nevada.
Court: USDC Nevada, Judge: Navarro , Filed On: January 17, 2024, Case #: 2:20cv2292, NOS: Other Personal Injury - Torts - Personal Injury, Categories: Copyright, Tort, Technology
J. Wright grants a medical professional apparel company's motion to dismiss stockholders' consolidated class action complaint alleging securities fraud. The stockholders allege that the company schemed to artificially increase securities prices "for the purpose of selling stocks quickly to gain windfall profits" and that the company misled investors with false statements and omissions. The stockholders do not sufficiently allege scienter, do not sufficiently support claims of insider trading, do not clearly allege that the company's statements were misleading or that the company did not sufficiently discuss risk factors. The class is granted leave to amend.
Court: USDC Central District of California, Judge: Wright, Filed On: January 17, 2024, Case #: 2:22cv7939, NOS: Securities/Commodities/Exchange - Other Suits, Categories: Securities, Class Action
J. Johnson finds the trial court properly convicted defendant for aggravated assault with a deadly weapon. Testimony from first responders, two sources of surveillance video, and physical evidence including shell casings, clothing, and an unusually painted vehicle linking defendant to the act support the conviction. Furthermore, a mistake of fact instruction was not necessary based on the evidence. Affirmed.
Court: Texas Courts of Appeals, Judge: Johnson , Filed On: January 17, 2024, Case #: 09-22-00274-CR, Categories: Evidence, Assault, Weapons
J. Hixson finds the circuit court properly revoked defendant’s probation for his guilty plea conviction for first-degree terroristic threatening, sentencing him to serve 60 months’ imprisonment. Defendant failed to report multiple times and had consistently been behind in his payment of fees and fines. Defendant's sentence is within the statutory range, and he fails to adequately present any argument for review. He does not request any relief regarding his claim he is not eligible for a judicial transfer and the court "will not make a party’s argument" for them. Affirmed.
Court: Arkansas Court Of Appeals, Judge: Hixson , Filed On: January 17, 2024, Case #: CR-23-254, Categories: Probation, Threats, Terrorism
J. Murphy finds the trial court properly found defendant guilty for breaking or entering. The victim's security video showed defendant exiting the victim's vehicle, from which he had removed the battery after noticing his keys were missing. The state presented sufficient evidence of criminal intent and not merely that defendant broke into the vehicle. The jury could reasonably infer defendant was preparing to steal the car, which would not start due to the removed battery. Affirmed.
Court: Arkansas Court Of Appeals, Judge: Murphy , Filed On: January 17, 2024, Case #: CR-22-614, Categories: Evidence, Theft, Jury Instructions
J. Gordon denies the signature canvassers' motion to dismiss the fraud claims. The public education advocacy group says it was defrauded out of more than $2.2 million in a failed signature gathering effort supporting a ballot initiative. The assignee of the advocacy group says the canvassers did not obtain valid signatures at the claimed rate. The canvassers' contacts with the forum were not random, fortuitous, attenuated, or based solely on the advocacy group's location. The claims are assignable, arising out of the canvassers' forum-related activities, and exercise of jurisdiction is reasonable.
Court: USDC Nevada, Judge: Gordon , Filed On: January 17, 2024, Case #: 2:23cv69, NOS: Other Contract - Contract, Categories: Fraud, Jurisdiction, Contract
J. Kobes finds a lower court properly granted a Corporal's motion for summary judgment concerning a civilian's Fourth Amendment claims. The civilian argued that the off- duty police officer failed to prevent his K9 from biting her, which resulted in injuries and a trip to the hospital. However, the police officer sufficiently showed in court that the K9 spontaneously responded to someone's laughter, and that he immediately restrained the animal, which does not constitute excessive force. Affirmed.
Court: 8th Circuit, Judge: Kobes, Filed On: January 17, 2024, Case #: 22-3051, Categories: Constitution, Negligence
[Consolidated] J. Bokor finds the trial court partially erred in its decision against the condo developer in a dispute from a management company alleging the developer failed to complete construction of five condo units by the end of 2017, which the developer claims was delayed in part due to hurricanes. The trial court properly rejected fraud claims against the developer, but it wrongfully found the developer breached its contract because the agreement between the developer and the company did not explicitly state a "date certain" for the units to be constructed or put in any other such time constraints. Affirmed in part.
Court: Florida Courts Of Appeal, Judge: Bokor, Filed On: January 17, 2024, Case #: 21-1365, Categories: Construction, Contract
[Consolidated] J. Miller finds the trial court improperly denied the professor's motion to dismiss claims against him in the traffic device manufacturer's lawsuit over a study of its devices that returned unfavorable results to the Florida Department of Transportation. The trial court should have dismissed on sovereign immunity grounds, as the allegations against the professor do not overcome the fact that he should have been protected from liability as a state employee due to the terms of the underlying contract with Florida International University, where the professor was working at the time he became the "co-principal investigator" in the study. On remand the trial court is ordered to dismiss the claims against the professor. Reversed.
Court: Florida Courts Of Appeal, Judge: Miller, Filed On: January 17, 2024, Case #: 22-2121, Categories: Immunity, Defamation, Contract
J. Gordo finds the trial court properly granted the insurance company's motion to dismiss and motion to quash in a dispute with the health care organization over claims stemming from an insured's car accident. Because the organization failed to file an affidavit or other proof refuting the company's claim that the trial court lacked personal jurisdiction because, as an Ohio-based company, it lacks sufficient business connections in Florida to be sued there, the organization failed to meet its burden. Affirmed.
Court: Florida Courts Of Appeal, Judge: Gordo, Filed On: January 17, 2024, Case #: 23-0001, Categories: Insurance, Jurisdiction, Contract
J. Kays dismisses a former Black female detective's claim that the police union refused to provide her legal representation on the basis of her race and sex. There are no allegations that the union was acting under color of state law or conspired with the Kansas City police deparment, so it cannot be liable for civil rights violations under section 1983. Further, the union had a non-discriminatory reason for not providing her legal counsel, namely that the plan excludes coverage for actions taken outside the scope of her employment as a police officer.
Court: USDC Western District of Missouri, Judge: Kays, Filed On: January 17, 2024, Case #: 4:20cv920, NOS: Employment - Civil Rights, Categories: Employment Discrimination, Labor / Unions
Per curiam, the Texas Court of Criminal Appeals finds that the court of appeal improperly overturned the trial court's decision to vacate the jury verdict and sentence after the jury found defendant guilty of aggravated sexual assault of a child. The case is remanded for the court of appeal to determine whether the election for jury to determine punishment was filed prior to the start of voir dire.
Court: Texas Court of Criminal Appeals, Judge: Per curiam, Filed On: January 17, 2024, Case #: PD-0653-23, Categories: Jury, Sex Offender
J. Richardson finds that the court of appeal properly overturned the trial court's conviction of defendant for evading arrest. Defendant "was egregiously harmed when the jury charge failed to include the element that appellant knew the officer was attempting to arrest him." Affirmed in part.
Court: Texas Court of Criminal Appeals, Judge: Richardson, Filed On: January 17, 2024, Case #: PD-0963-19, Categories: Resisting Arrest