203 results for 'filedAt:"2024-02-07"'.
J. Denney grants the brother’s motion to compel his sister to produce messages involving their dispute over the trust. Though the sister’s counsel argued that the messages shared with her son are not relevant, being the alleged breach of the agreement had already occurred, the messages may be relevant to the trust’s claims and defenses, particularly regarding possible additional breaches. The request for the imposition of spoliation sanctions is deferred.
Court: USDC Nevada, Judge: Denney, Filed On: February 7, 2024, Case #: 3:22cv375, NOS: Other Contract - Contract, Categories: Family Law, Trusts, Contract
J. Klappenbach finds the circuit court properly terminated both parents' rights to their infant daughter. The child was taken into custody after being found underweight, while the parents have admitted to drug use and the home was unfit, cluttered with garbage, and infested with roaches and mice. Affirmed.
Court: Arkansas Court Of Appeals, Judge: Klappenbach , Filed On: February 7, 2024, Case #: CV-23-534, Categories: Evidence, Family Law, Guardianship
J. Wood finds the board of review properly refused to grant unemployment benefits to a hospital housekeeper unemployment benefits. The housekeeper was discharged for her challenging demeanor when confronted and insubordination after she refused to attend a disciplinary meeting involving an improperly cleaned data collection instrument. Affirmed.
Court: Arkansas Court Of Appeals, Judge: Wood , Filed On: February 7, 2024, Case #: E-22-627, Categories: Employment, Evidence, Workers' Compensation
J. Gladwin finds the circuit court properly denied the nursing home's motion to compel arbitration on a daughter's negligence claims for injuries and the wrongful death of her mother. The mother allegedly sustained injuries from falls, was subject to inaccurate assessments and incurred a UTI. The arbitration agreement lacks mutuality of obligation and, therefore, is not a valid agreement. Affirmed.
Court: Arkansas Court Of Appeals, Judge: Gladwin , Filed On: February 7, 2024, Case #: CV-22-517, Categories: Arbitration, Health Care, Wrongful Death
J. Thyer finds the circuit court properly revoked defendant's suspended imposition of sentence for his guilty plea conviction for failing to register as a sex offender. Though defendant denied involvement in a shooting, his truck was seen on surveillance video in the area, with his ankle monitor pinging in the same area at the time of the shooting. The victim's blood was also found in the passenger seat of this truck. Affirmed.
Court: Arkansas Court Of Appeals, Judge: Thyer , Filed On: February 7, 2024, Case #: CR-23-352, Categories: Firearms, Sex Offender, Assault
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J. Artau finds that the trial court improperly found for a mother in this timesharing proceeding because the original judgment clearly set a date on which timesharing would be reevaluated without requiring the father to meet the regular burden of establishing a change in circumstances. Reversed.
Court: Florida Courts Of Appeal, Judge: Artau, Filed On: February 7, 2024, Case #: 4D2022-2706, Categories: Family Law
J. Perret finds that the trial court properly ruled in favor of Wells Fargo and dismissed the borrowers' reconventional demand for not complying with a discovery order. The borrowers' motion for the judge's recusal was untimely and did not identify any grounds for recusal. Also, the borrowers' failure to comply with the discovery order was willful, so dismissal was warranted. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Perret, Filed On: February 7, 2024, Case #: CA-23-463, Categories: Civil Procedure, Discovery, Banking / Lending
J. Ortego finds that the trial court properly granted summary judgment to the cardiovascular institute in a patient's medical malpractice suit alleging that its failure to recognize a blockage in his carotid artery caused him to suffer a stroke. The patient did not give evidence from an expert witness to support his claim or evidence opposing the motion for summary judgment. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Ortego, Filed On: February 7, 2024, Case #: CA-23-486, Categories: Civil Procedure, Experts, Medical Malpractice
J. Stiles finds that the trial court improperly dismissed the business patron's suit alleging battery and false imprisonment with a dangerous weapon by a police officer who had responded to a complaint of overcrowding at a party. The patron's claims were subject to the two-year prescriptive period instead of the one-year prescriptive period since they involved "crimes of violence" by the officer. Reversed.
Court: Louisiana Court Of Appeal, Judge: Stiles, Filed On: February 7, 2024, Case #: CA-23-521, Categories: Civil Procedure, Assault, Police Misconduct
J. Stiles finds that the juvenile was properly adjudicated delinquent for illegal possession of a handgun by a juvenile, illegal possession of a stolen firearm, and obstruction of justice relating to an incident in which he discarded a backpack while fleeing officers looking for a shoplifting suspect. The juvenile's challenges to the sufficiency of the evidence are without merit. Affirmed in part.
Court: Louisiana Court Of Appeal, Judge: Stiles, Filed On: February 7, 2024, Case #: JAK-23-625, Categories: Firearms, Juvenile Law
J. Pickett finds that the trial court improperly terminated the father's parental rights to his children. The Department of Children and Family Services did not allow the father "an alternate means of preventing the department from seeking termination of his parental rights" given that he had been incarcerated "during the entire pendency of this litigation." Reversed.
Court: Louisiana Court Of Appeal, Judge: Pickett, Filed On: February 7, 2024, Case #: JAC-23-634, Categories: Evidence, Family Law
J. Stevens finds that defendant was properly convicted of meth possession and given a 25-year sentence. Defendant argues that the trial court should have warned him of the "deportation consequences of his conviction," but the record shows that he was aware of the "negative immigration consequences" resulting from his guilty plea. Though, the $180 in restitution was improperly assessed and is deleted. Affirmed as modified.
Court: Texas Courts of Appeals, Judge: Stevens, Filed On: February 7, 2024, Case #: 06-22-00135-CR, Categories: Drug Offender, Restitution, Plea
J. Rowland denies a delivery company’s motion to dismiss a class of workers’ claims that it violated the Fair Labor Standards Act and Illinois Wage Payment and Collection Act. The court also grants the workers’ motion for conditional class certification. The class representatives claim that, from 2020 to 2022, the delivery company wrongly classified them as independent contractors to avoid providing them with the pay, protections and benefits employees enjoy. The court finds the class representatives have sufficiently alleged those claims and have shown sufficient evidence that they are among a class of similarly situated workers for the delivery company.
Court: USDC Northern District of Illinois, Judge: Rowland, Filed On: February 7, 2024, Case #: 1:23cv1859, NOS: Fair Labor Standards Act - Labor, Categories: Employment, Class Action, Labor
J. Tunheim denies the immigration officials' motion to dismiss the Ethiopian refugee's suit seeking action on his seven-year-old petitions for derivative refugee status for his wife and sons. Approval of those petitions a month after the filing of this action did not render the refugee's claims moot, since while that approval made the Department of State, rather than the Department of Homeland Security, responsible for the refugee's case, the immigration officials retain jurisdiction over his claims until either his petition is denied or travel authorization is issued. The seven-year delay is therefore sufficient to state an unreasonable-delay claim.
Court: USDC Minnesota, Judge: Tunheim, Filed On: February 7, 2024, Case #: 0:23cv902, NOS: Other Immigration Actions - Immigration, Categories: Administrative Law, Immigration
J. Tunheim partially grants the bank's motion to dismiss the consumer's suit alleging that it permitted unauthorized transfers out of her checking account by a third party. The consumer's negligence and conversion claims are precluded by the independent duty rule, which requires that such claims arise from something other than a contract between the parties. They are therefore dismissed. Claims for breach of contract, aiding and abetting tortious conduct and for treble damages, however, are plausibly alleged and survive this motion.
Court: USDC Minnesota, Judge: Tunheim, Filed On: February 7, 2024, Case #: 0:23cv885, NOS: Banks and Banking - Other Suits, Categories: Banking / Lending, Contract
J. Chutich affirms the Court of Appeals' conclusion that the district court did not abuse its discretion by removing a trustee of the charitable trust, which also owns a major regional bank. District courts may remove trustees for a "serious breach of trust," and such a breach may be a series of smaller breaches which, taken together, justify removal even if none of them would justify it alone. The trustee's pattern of self-dealing with trust resources, including support for an attempted hostile takeover of the bank by outside investors and abusive treatment of a trust grantee, qualifies under this definition.
Court: Minnesota Supreme Court, Judge: Chutich, Filed On: February 7, 2024, Case #: A22-0906, Categories: Trusts, Fiduciary Duty
J. Benton finds a lower court properly sentenced a defendant to 270 months in prison and five years probation for possession with intent to sell 50 grams or more of meth. The defendant argued that the lower court erred in allowing a supplemental instruction for jury questions. However, the government sufficiently showed in court that the instruction did not prejudiced the defendant, who claimed it was "phrased negatively." Affirmed.
Court: 8th Circuit, Judge: Benton, Filed On: February 7, 2024, Case #: 23-2149, Categories: Drug Offender, Probation, Jury Instructions
J. Cobb finds a lower court properly dismissed a native of China's motion to remain in the U.K. The Chinese national argued that he is entitled to judicial review based on his Tier 2 skilled worker, a financial analyst. However, the home department sufficiently showed in court that he may have engaged in money laundering. Affirmed.
Court: Her Majesty's Court of Appeal, Judge: Cobb, Filed On: February 7, 2024, Case #: CA-2022-156, Categories: Employment, Government, Immigration
J. Ripple finds that the lower court properly upheld the SSA's determination that the disability applicant was not disabled before June 2009. The gaps in the applicant's treatment history, and intermitted independent-contractor work he performed during this time support the agency's decision. Affirmed.
Court: 7th Circuit, Judge: Ripple, Filed On: February 7, 2024, Case #: 22-2694, Categories: Social Security
Per curiam, the appellate division finds that the lower court improperly denied the archdiocese a protective order striking the alleged child sex abuse victim's demand for documents. The demand is palpably improper as it is overbroad and seeks irrelevant information. Reversed.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: February 7, 2024, Case #: 00644, Categories: Tort, Discovery
J. Ashford finds for the commissioner of internal revenue in collection due process claims concerning a tax deficiency because the settlement officer did not commit an abuse of discretion.
Court: U.S. Tax Court, Judge: Ashford, Filed On: February 7, 2024, Case #: 2024-19, Categories: Tax, Due Process
J. Ludwig grants summary judgment to the financial correspondent, the investment firm and the firm's founder the investors claim were involved with their transactions with a wealth management group that turned out to be a Ponzi scheme, which caused the investors to lose hundreds of thousands of dollars. The investors have failed to bring specific evidence of specific wrongdoing by the the correspondent, firm and founder, instead mostly reiterating the wrongdoing of the group and its chief, who is now in prison. The investors' claims of intentional misrepresentation, negligent misrepresentation, and claims of violations of Wisconsin statutes involving the sale of unregistered securities, fraud and unlicensed brokers fail, and the correspondent, firm and founder are dismissed. The investors have 14 days to make a case for why the firm's employee should not also be granted summary judgment.
Court: USDC Eastern District of Wisconsin, Judge: Ludwig, Filed On: February 7, 2024, Case #: 2:18cv2005, NOS: Other Contract - Contract, Categories: Fraud, Securities, Contract
J. Natali finds that the trial court improperly admitted evidence from a police stop in defendant's trial on weapons charges brought after he was stopped by police for driving a vehicle with tinted windows. A new rule that required officers to determine if tinting inhibited their ability to see the occupants of the vehicle was improperly applied retroactively.
Court: New Jersey Appellate Division, Judge: Natali , Filed On: February 7, 2024, Case #: A-1767-22, Categories: Criminal Procedure, Weapons, Vehicle
J. Bower finds that defendant was properly sentenced to 15 years in prison after pleading guilty to possession of methamphetamine with intent to deliver based on her extensive criminal history and successive unsuccessful attempts at rehabilitation. Affirmed.
Court: Iowa Court Of Appeals, Judge: Bower, Filed On: February 7, 2024, Case #: 23-0416, Categories: Drug Offender, Sentencing
J. Russell denies a husband’s motion to dismiss this lawsuit alleging defamation and invasion of privacy. The husband’s wife had an extramarital affair with a man she met on a dating website; after she reconciled with her husband, the paramour had to get a peace order against the irate husband. After the peace order expired, the police stated to the paramour he was under investigation for circulating videos of his sexual encounters with the woman without her consent, but the allegations were later shown to be false. The husband and wife made a website to make false accusations regarding the lover and several of his friends. Since the statements were known to be false, they were made with actual malice, and the defamation and false light invasion of privacy claims persist.
Court: USDC Maryland, Judge: Russell, Filed On: February 7, 2024, Case #: 1:21cv3124, NOS: Other Personal Injury - Torts - Personal Injury, Categories: Defamation, Privacy
J. Pedersen grants a school district's motion to set aside default judgment entered in pro se claims contending a part-time cleaner had been fired due to gender, disability, and national origin because the school district did not immediately answer the complaint due to confusion with its insurer, and the cleaner failed to establish the lack of response had been intentional.
Court: USDC Western District of New York, Judge: Pedersen , Filed On: February 7, 2024, Case #: 6:23cv6583, NOS: Employment - Civil Rights, Categories: Civil Procedure, Employment, Employment Discrimination
J. Baker partially grants the gun seller's motion for default judgment in a fraud, negligent misrepresentation and breach of contract action against the gun manufacturer arising from a failed agreement between the parties to design and manufacture a new nine millimeter pistol caliber carbine. The seller plausibly alleged that the manufacturer violated the terms of the agreement and that the manufacturer misrepresented its ability to design and produce the parts. The motion is granted as to liability on all counts but a ruling on damages is reserved until after a hearing in March.
Court: USDC Southern District of Georgia, Judge: Baker, Filed On: February 7, 2024, Case #: 4:21cv334, NOS: Other Contract - Contract, Categories: Fraud, Contract
J. Schumacher finds that the county board of supervisors acted legally in rezoning a portion of property from agricultural to light industrial against the wishes of a nearby resident because the board was not required to amend the county's comprehensive plan, and the board’s decision was consistent with that plan. Affirmed.
Court: Iowa Court Of Appeals, Judge: Schumacher, Filed On: February 7, 2024, Case #: 23-0142, Categories: Zoning