191 results for 'filedAt:"2024-01-24"'.
J. Schumacher finds that a mother's parental rights were properly terminated since the children had been discovered by a garbage dumpster after sleeping in a car all night, and the mother could not safely supervise them due to alcohol abuse. Affirmed.
Court: Iowa Court Of Appeals, Judge: Schumacher, Filed On: January 24, 2024, Case #: 23-1590, Categories: Family Law
J. Tabor finds that a mother's parental rights were properly terminated since she failed to address substance abuse and mental health issues and her children experienced mental breakdowns while in her care. Affirmed.
Court: Iowa Court Of Appeals, Judge: Tabor, Filed On: January 24, 2024, Case #: 23-1686, Categories: Family Law
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J. Blane grants an engineering company dismissal of claims brought after plaintiff was denied insurance coverage for hail damage sustained to his roof because damages were purely economic, and the economic loss doctrine barred recovery claims from being brought against the engineering firm. Affirmed.
Court: Iowa Court Of Appeals, Judge: Blane, Filed On: January 24, 2024, Case #: 22-1861, Categories: Insurance, Property, Negligence
J. Starr denies a Chinese fan motor manufacturer's motion to dismiss a Texas-based fan maker's action seeking costs incurred following an underlying case in which the fan maker settled claims arising from a fire allegedly caused by a defective fan motor. The district court has personal jurisdiction based, in part, on the Chinese manufacturer's sale of 1.8 million fan motors to the Texas company in Dallas.
Court: USDC Northern District of Texas , Judge: Starr, Filed On: January 24, 2024, Case #: 3:21cv229, NOS: Other Contract - Contract, Categories: Tort, Jurisdiction, Indemnification
J. Jenkins mostly denies a wedding center’s motion to for summary judgment on a former employee’s ADA, wrongful termination and retaliation claims. The former employee claims the wedding center fired her in retaliation for a week she spent hospitalized for a mental health crisis, after her superiors sent her insulting texts over her absence. The court finds she has sufficiently alleged her claims, but tosses her request for damages stemming from retaliation under the ADA.
Court: USDC Northern District of Illinois, Judge: Jenkins, Filed On: January 24, 2024, Case #: 1:22cv2925, NOS: Amer w/Disabilities-Employment - Civil Rights, Categories: Ada / Rehabilitation Act, Employment Discrimination, Employment Retaliation
J. Worthen finds the trial court properly denied the nursing home's motion to dismiss the liability suit. The patient's granddaughter filed suit after the patient developed pressure wounds, sustained a fracture and contracted urinary tract infections. The trial court properly overruled the nursing home's objection to the granddaughter's expert's report asserting the home provided substandard care. The expert is not required to be certified in elder care. In a case not involving an individual health care provider, the expert need only have knowledge of accepted standards and experience regarding a breach of standards. Affirmed.
Court: Texas Courts of Appeals, Judge: Worthen , Filed On: January 24, 2024, Case #: 12-23-00225-CV, Categories: Health Care, Negligence, Experts
J. Conner finds that the trial court improperly dismissed claims brought after plaintiff slipped and fell in a supermarket on grounds of fraud upon the court. Evidence clearly indicated plaintiff lied under oath about the extent of her injuries, but dismissal of the entire complaint was unwarranted and plaintiff should have been allowed to pursue claims seeking medical expenses. Reversed in part.
Court: Florida Courts Of Appeal, Judge: Conner, Filed On: January 24, 2024, Case #: 4D2023-0011, Categories: Fraud, Negligence
Per curiam, the appellate division finds that Jay M. Wolman shall be publicly censured following his public reprimand in Connecticut for his unprofessional conduct at a deposition asking a witness to search his phone for responsive documents when the attorney had not formally requested any such production.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: January 24, 2024, Case #: 00323, Categories: Attorney Discipline
Per curiam, the appellate division finds that the hearing officer improperly denied the correctional officer's application for disability benefits based on an expert's conclusions that were conclusory and unsupported. The expert testified he could not say with certainty whether the employee suffered a period of disability after his lower back injury, but nevertheless concluded the incident did not result in the employee being disabled from work. Reversed.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: January 24, 2024, Case #: 00316, Categories: Employment, Experts, Workers' Compensation
J. Conley grants summary judgment to the insurance company in the beneficiary's lawsuit claiming it wrongfully denied her claim for long-term disability benefits after she stopped working in June 2022 due to cognitive issues, eye problems, hand numbness, shoulder pain, chronic kidney disease and other complications from diabetes. Through the denial of her initial claim and two subsequent appeals, the insurance company was not arbitrary and capricious in making its decisions based on the beneficiary's medical records and ability to perform her job in light of the combined effect of all her ailments, many of which the evidence shows were stable or improving.
Court: USDC Western District of Wisconsin, Judge: Conley, Filed On: January 24, 2024, Case #: 3:22cv494, NOS: Employee Retirement Income Security Act (ERISA) - Labor, Categories: Erisa, Insurance
J. Johnson finds the trial court properly revoked defendant's community supervision for his guilty plea conviction for the manufacture and delivery of PCP. Defendant admitted to the usage of PCP during the term of supervision and also failed to take part in community service or obtain employment. All the violations support the revocation. Affirmed.
Court: Texas Courts of Appeals, Judge: Johnson , Filed On: January 24, 2024, Case #: 09-23-00226-CR, Categories: Drug Offender, Probation
J. Klappenbach finds the trial court properly found in favor of the landlord in a case where the tenant filed a sex discrimination counterclaim after the landlord had filed an unlawful detainer action against her. The trial court properly rejected the challenge to the strike of a black juror based on counsel's explanation of the peremptory strike as arising from concerns involving the age of the potential juror. This concern arose from the affinity younger people have with the act of shooting video, associated with video evidence that was admitted. Affirmed.
Court: Arkansas Court Of Appeals, Judge: Klappenbach , Filed On: January 24, 2024, Case #: CV-22-725, Categories: Evidence, Jury, Landlord Tenant
J. Barrett finds the board of review improperly affirmed the denial of unemployment benefits to the nurse. The board denied the nurse benefits based on its claim she made false statements on her application. The board merely adopted the appeal tribunal's decision and did not make findings of fact substantially supporting its decision. Reversed.
Court: Arkansas Court Of Appeals, Judge: Barrett , Filed On: January 24, 2024, Case #: E-22-557, Categories: Employment, Insurance, Due Process
J. Marconi reverses in part an order preventing a child’s maternal grandmother, who is the child’s guardian, from testifying, at the father’s parole or any similar hearing, against releasing the child’s father from prison. The circuit court exceeded its authority in prohibiting the child’s guardian from speaking at his father’s parole hearing. Reversed.
Court: New Hampshire Supreme Court, Judge: Marconi, Filed On: January 24, 2024, Case #: 2022-0664, Categories: Family Law, Guardianship
J. Thapar denies the Ghanaian immigrant's petition for review of his asylum application, ruling there is insufficient evidence to support his claim of state-sanctioned persecution based on his political beliefs. Although he was assaulted by a group of political rivals who also threatened to kill him, the threats stemmed primarily from an assault perpetrated by his friend, while he also failed to contact police about a murder involving the political rivals, which prevents him from proving the government is unwilling to protect him or prosecute the perpetrators.
Court: 6th Circuit, Judge: Thapar, Filed On: January 24, 2024, Case #: 23-3350, Categories: Evidence, Immigration
J. Chicchelly finds that defendant was properly convicted of domestic abuse assault after strangling the pregnant mother of his children. Defendant forfeited his right to confront the victim by contacting her multiple times in an effort to intimidate her and prevent her from testifying. Affirmed.
Court: Iowa Court Of Appeals, Judge: Chicchelly, Filed On: January 24, 2024, Case #: 22-1878, Categories: Confrontation, Domestic Violence
J. Wormuth grants, in part, the injured driver's motion to compel discovery, ruling the at-fault driver's employer must provide responses to interrogatories about all vehicles driven by the employee in the year leading up to the crash, as well as those about manuals and instructional guides on driving possessed by the driver at the time of the crash, as they are relevant to the case.
Court: USDC New Mexico, Judge: Wormuth, Filed On: January 24, 2024, Case #: 1:23cv660, NOS: Motor Vehicle - Torts - Personal Injury, Categories: Vehicle, Negligence, Discovery
J. Dato holds that the trial court should have granted an employee's motion to vacate a stay of his wage and hour claims. His employer had court proceedings stayed and took the dispute to arbitration as called for in an employment agreement. The employer waived its right to arbitration by failing to pay arbitration fees within 30 days. Vacated.
Court: California Courts Of Appeal, Judge: Dato, Filed On: January 24, 2024, Case #: D082429, Categories: Arbitration, Employment
J. Froelicher finds that the lower court properly convicted defendant of voyeurism. There was enough evidence to find that he had violated the relevant voyeurism statute, he was not prejudiced by any alleged improper instructions to the jury, and the lower court was within their rights to deny his request to suppress evidence of his voyeurism on a series of computer memory cards. Affirmed.
Court: Wyoming Supreme Court, Judge: Froelicher, Filed On: January 24, 2024, Case #: S-23-0020, Categories: Criminal Procedure, Evidence, Jury Instructions