139 results for 'filedAt:"2024-01-25"'.
J. Wardlaw denies a petition for panel rehearing concerning an individual's claim that his confession in his criminal case was coerced in violation of his Fifth Amendment Rights. The matter is on remand from the United States Supreme Court in which the panel reversed the district court’s judgment on a jury verdict for the county and remanded for a new trial. The matter stems from the alleged assault of an individual at Los Angeles County/USC Medical Center.
Court: 9th Circuit, Judge: Wardlaw, Filed On: January 25, 2024, Case #: 18-56414 , Categories: Civil Rights, Constitution
J. Hoffstadt finds that the trial court should have granted defendant's petition for removal from the sex offender registry, which he sought after 37 years of non-offending. The trial court erred in giving controlling weight to the egregiousness of his crime but not to his long history of law-abiding behavior and the state's failure to present evidence that he is likely to reoffend. Reversed.
Court: California Courts Of Appeal, Judge: Hoffstadt, Filed On: January 25, 2024, Case #: B324852, Categories: Sex Offender
J. Williams finds that the lower court improperly awarded prejudgment interest and attorney fees to the appellee grain company in this breach of contract lawsuit regarding certain shipments of wheat and corn. The prejudgment interest is accordingly modified, and the issue of attorney fees is remanded for further proceedings. Reversed in part.
Court: Texas Courts of Appeals, Judge: Williams, Filed On: January 25, 2024, Case #: 11-22-00107-CV, Categories: Attorney Fees, Contract
J. Lumpkin finds the district court properly revoked defendant's suspended sentence for guilty plea convictions for rape by instrumentation. Probation rules directed defendant to report in Oklahoma, and bore his and his attorney's signatures, establishing he was aware of the requirements. That the probation was to be transferred to Arkansas did not absolve defendant of the requirement he stay in Oklahoma until transfer. Evidence supports revocation for the infractions of failure to report or pay fines, as well. Affirmed.
Court: Oklahoma Courts Of Appeal, Judge: Lumpkin, Filed On: January 25, 2024, Case #: RE-2022-638, Categories: Probation, Sex Offender, Plea
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J. Thumma finds a lower court properly dismissed a landlord's contract claims against two tenants. The landlord argued that she was entitled to make deductions from the tenants security deposit. However, the tenants presented sufficient evidence in court that they were not obligated to turn over an itemized list of deductions in order to receive their deposit, and that the landlord "wrongfully withheld" the money from them. Affirmed.
Court: Arizona Court Of Appeals Division One, Judge: Thumma, Filed On: January 25, 2024, Case #: 1 CA-CV 22-579, Categories: Landlord Tenant, Contract
J. Bourliot finds that the trial court properly denied the healthcare parties' motion to dismiss a patient's medical malpractice suit over an alleged unnecessary surgery by a podiatrist to address her bunion. The patient's amended expert report was sufficient to meet statutory requirements as to applicable standards of care, the doctor's alleged breaches and the cause of the patient's injuries. Affirmed.
Court: Texas Courts of Appeals, Judge: Bourliot, Filed On: January 25, 2024, Case #: 14-22-00874-CV, Categories: Negligence, Experts, Medical Malpractice
J. Nye grants an animal hospital and the police department's motions for summary judgment regarding an individual's allegations of libel/slander and civil rights violations after the animal hospital called police, concerned that she was "on some sort of substance" and attempting to drive. She was found sitting in her running car and arrested for driving under the influence despite explaining that she was suffering from a traumatic brain injury. When no alcohol or drugs were found in her system, she was released. The symptoms the animal hospital reported to the police: pinpoint pupils, slurred speech and swaying, were true, and therefore not defamation. Probable cause existed to support the arrest, including the fact that the individual could not complete simple tests of coordination.
Court: USDC Idaho, Judge: Nye, Filed On: January 25, 2024, Case #: 2:22cv185, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Defamation
J. Gruender finds a lower court properly dismissed a freight service's challenge to a post- trial order concerning contract claims brought by a components manufacturer. The freight service argued that it properly charged the components manufacturer a fee for delivery services. However, the components manufacturer sufficiently showed in court that the freight service's base rate was a "much higher 'rounder' rate." Affirmed.
Court: 8th Circuit, Judge: Gruender, Filed On: January 25, 2024, Case #: 23-1379, Categories: Fraud, Damages, Contract
J. Mclish denies both the Navy's and the contractor's motions for summary judgment. Bilateral changes were made to the parties' contract, including various construction projects at the Philadelphia Naval Business Center. The contractor submitted a claim for $1.3 million for delays. The Navy has not established that any of its terms bar the contractor's claims, as the claims do not relate to the specific subject matters addressed by the modifications. The modifications are also ambiguous as to whether the parties intended them to cover the subject matter of the delay claims.
Court: Armed Services Board Of Contract Appeals, Judge: Mclish , Filed On: January 25, 2024, Case #: 63240, Categories: Construction, Government, Contract
J. Robie finds that the trial court properly denied a county's anti-SLAPP motion, which it filed in an effort to strike a demoted employee's whistleblower retaliation complaint. Though it was error to hold that the county was required to fully cite the parts of the complaint it sought to strike, its demotion of the employee was not protected conduct under anti-SLAPP law. Affirmed.
Court: California Courts Of Appeal, Judge: Robie, Filed On: January 25, 2024, Case #: C095426, Categories: Anti-slapp, Civil Procedure, Employment Retaliation
[Consolidated.] J. Mackey finds that the lower court properly convicted defendant of murder, conspiracy and weapon possession in a murder-for-hire scheme to collect on a life insurance policy because circumstantial evidence established defendant agreed to drive codefendant from Delaware to New York, met with the insurance beneficiary before the murder, accompanied defendant to the victim's apartment, and drove him back to Delaware. However, his sentence should be modified by setting weapon counts to run concurrently to murder and conspiracy counts to result in an aggregate term of 25 years to life. Affirmed.
Court: New York Appellate Divisions, Judge: Mackey, Filed On: January 25, 2024, Case #: 110698, Categories: Murder, Sentencing, Conspiracy
J. Lemelle finds for an employee benefits plan administrator on a former commercial truck driver’s breach of fiduciary duty claims arising from denial of his request for long-term benefits due to his pre-existing hypertension. The issue is whether the driver was covered under the employer’s policy when he was diagnosed with insulin-dependent diabetes mellitus, which according to Department of Transportation guidelines, would prevent him from driving a licensed commercial vehicle. The plan administrator’s interpretation of the term “active full-time service” as applied to a worker who had not worked in several weeks, had exhausted his paid time off and was on indefinite medical leave is reasonable considering the policy language and known facts.
Court: USDC Eastern District of Louisiana , Judge: Lemelle, Filed On: January 25, 2024, Case #: 2:22cv1760, NOS: Employee Retirement Income Security Act (ERISA) - Labor, Categories: Employment, Health Care, Transportation
J. McShan finds that the lower court improperly convicted defendant based on his Alford plea to attempted kidnapping of two underage girls he and codefendant picked up while driving from Missouri to New York and back, leaving them in Ohio. Defendant made the plea based on the promise that he could challenge the preclusion of the defense that he had not known the girls' ages, but since conditional pleas are generally not accepted in New York, the matter must be remitted. Reversed.
Court: New York Appellate Divisions, Judge: McShan, Filed On: January 25, 2024, Case #: 112832, Categories: Sex Offender, Plea, Kidnapping
Per curiam, the court of appeals finds that the road commission was improperly granted summary judgment in quiet title claims concerning an unimproved road because the road was decertified in 1970 and had been abandoned by the county for at least 15 years. Reversed.
Court: Michigan Court of Appeals, Judge: Per curiam, Filed On: January 25, 2024, Case #: 364152, Categories: Property
Per curiam, the Supreme Court of Ohio finds the lower court properly dismissed the inmate's petition for a writ of mandamus to vacate his criminal convictions. Not only did the trial court have proper jurisdiction over the original criminal case, but the inmate had an adequate remedy via a direct appeal. Affirmed.
Court: Ohio Supreme Court, Judge: Per curiam, Filed On: January 25, 2024, Case #: 2024-Ohio-221, Categories: Criminal Procedure, Jurisdiction
Per curiam, the Supreme Court of Ohio finds that attorney Lon'Cherie' Darchelle Billingsley will be publicly reprimanded for notarizing an affidavit on behalf of a client in a child custody case even though she was not present at the time the client swore to the document. Billingsley admitted her misconduct in front of the family court judge, and, although she attempted to make excuses, she cooperated with disciplinary proceedings and has no previous disciplinary record, which allows her to avoid suspension.
Court: Ohio Supreme Court, Judge: Per curiam, Filed On: January 25, 2024, Case #: 2024-Ohio-222, Categories: Sanctions, Attorney Discipline
J. Zilly grants the fire station summary judgment against the employees' complaint alleging that it placed them on unpaid leave for not receiving the Covid-19 vaccine. The employees argue that the fire station already required employees to wear masks and that the masks and PPE would be enough to prevent the spread of Covid-19. However, unvaccinated firefighters would increase the risk of spreading Covid-19 because masks and PPE are only effective when worn, and firefighters could not always wear them.
Court: USDC Western District of Washington, Judge: Zilly, Filed On: January 25, 2024, Case #: 2:22cv1674, NOS: Employment - Civil Rights, Categories: Employment, Covid-19, Employment Discrimination
J. Jabar finds that the lower court properly convicted defendant of theft by misapplication of property following a jury trial. Defendant contends that he was entitled to an acquittal based on a statute of limitations defense and that the evidence did not support his conviction. The court notes that the parties "effectively" treated the limitations defense as waived, and the evidence shows that defendant had "a fiduciary obligation to safeguard and distribute the settlement funds" at issue. Affirmed.
Court: Maine Supreme Court, Judge: Jabar, Filed On: January 25, 2024, Case #: 2024ME6, Categories: Theft, Property
J. Garcia finds that the lower court properly required the appellant company to pay attorney fees under the Uniform Declaratory Judgments Act in this dispute involving neighboring landowners. The appellant fails to establish its argument that the land dispute does not come within the relevant statute authorizing the fees. Affirmed.
Court: Texas Courts of Appeals, Judge: Garcia, Filed On: January 25, 2024, Case #: 05-23-00064-CV, Categories: Real Estate, Attorney Fees
J. Harris holds that the trial court must reassess whether a commercial tenant's breach of a settlement agreement was a material breach and, if it was, whether the landlord is entitled to damages or to have the settlement agreement rescinded. In the process, the trial court must determine whether the parties can be restored to their pre-settlement status and whether equitable concerns merit rescission instead of enforcement of the agreement's terms. After those issues are resolved, the trial court can re-evaluate the parties' requests for attorney fees and assess which party prevailed in each phase of litigation. Vacated.
Court: Utah Court Of Appeals, Judge: Harris, Filed On: January 25, 2024, Case #: 20220003-CA, Categories: Settlements, Attorney Fees, Contract