154 results for 'filedAt:"2024-02-09"'.
J. Oden Johnson finds that the lower court properly vacated a prior judgment in this family estate dispute, finding that the intervenors were necessary parties. The record shows there was no effort to notify the intervenors of the existence of the case prior to October 2021, which was the date judgment was entered for the son. Affirmed.
Court: Illinois Appellate Court, Judge: Oden Johnson, Filed On: February 9, 2024, Case #: 221667, Categories: Wills / Probate
J. Pratter abstains from making any determinations in this commercial dispute between one furniture cleaner’s allegations that former employees stole its trade secrets in order to create a competitor. The suing cleaning company is a key marital asset in an ongoing divorce proceeding between the owners, so this court cannot involve itself in such proceedings, and thus will stay the case.
Court: USDC Eastern District of Pennsylvania, Judge: Pratter, Filed On: February 9, 2024, Case #: 2:23cv2630, NOS: Defend Trade Secrets Act of 2016 (DTSA) - Property Rights, Categories: Family Law, Trade Secrets, Jurisdiction
J. Stoll finds that the patent trial and appeal board improperly ruled in this dispute over "electrically powered smoking articles that provide an inhalable substance in vapor or aerosol form" because evidence does not support the finding that "certain claims lack written description." Affirmed in part.
Court: Federal Circuit, Judge: Stoll, Filed On: February 9, 2024, Case #: 2022-1862, Categories: Patent
Per curiam, the Vermont Supreme Court finds the lower court properly denied the husband’s motions on previous orders in this parental rights and responsibilities case. He seeks a remand alleging bias of judge and numerous other arguments relating to the orders. Therefore, this case will not be remanded, and the father’s arguments will not need to be addressed since he failing to show bias evidence. Affirmed.
Court: Vermont Supreme Court, Judge: Per curiam, Filed On: February 9, 2024, Case #: 23-AP-246, Categories: Family Law
Per curiam, the Vermont Supreme Court finds the trial court properly terminated the parental rights to a mother and father. While the mother argues the state failed to show or prove that she was served a notice of the hearing. Therefore, the mother’s argument is remanded for an evidentiary hearing and separate determination if the court properly mailed the notice of hearing. The father argues the court erred in finding the parents did not deny abusing one of their child, and he accepted the responsibility of injuries. The termination order was not in error as to the mother or father, as they failed to prove reunification was in the best interest of the children. Reversed in part. Affirmed in part.
Court: Vermont Supreme Court, Judge: Per curiam, Filed On: February 9, 2024, Case #: 23-AP-295, Categories: Family Law, Guardianship
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J. Bates grants a bank's motion to dismiss a Slovenian medical equipment company's action arising from $590,000 in wire transfers from Ukrainian businesses it never received. The company's conversion and unjust enrichment claims are precluded by the Uniform Commercial Code, and it fails to support its claims for fraud and tortious interference with a business relationship.
Court: USDC District of Columbia, Judge: Bates, Filed On: February 9, 2024, Case #: 1:22cv2554, NOS: Other Contract - Contract, Categories: Fraud, Conversion, Banking / Lending
Per curiam, the appellate division finds that the trial court properly convicted defendant of criminal sexual acts after he showed an underage victim pornographic videos and masturbated in front of her. Prosecutors exercised due diligence in turning over a copy of the 911 call from the victim's family since the initial information provided to prosecutors lacked information about the call. However, the imposition of consecutive sentences was unduly harsh. Affirmed in part.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: February 9, 2024, Case #: KA 22-01915, Categories: Evidence, Sentencing, Sex Offender
J. McNeill finds that the director of public works was improperly denied summary judgment based on immunity in claims brought after plaintiff tripped and fell on a public sidewalk because the director had no connection to the day-to-day workings of the subdivision tasked with repairing sidewalks. Reversed.
Court: Kentucky Court Of Appeals, Judge: McNeill, Filed On: February 9, 2024, Case #: 2023-CA-0110-MR, Categories: Immunity, Negligence
Per curiam, the appellate division finds that the trial court properly ruled for the estate in claims contending plaintiff developed an eye infection requiring surgical removal following cataract surgery. Medical experts testified that nursing staff failed to properly administer anti-inflammatory steroid eye drops and did not transfer plaintiff to an emergency department after infection set in. Affirmed.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: February 9, 2024, Case #: CA 22-01992, Categories: Experts, Medical Malpractice
J. Alley finds a lower court did not err in excluding video evidence of a man’s physical abilities after that man sued an oil company over a car accident and won at jury trial, claiming pain and physical impairment. The video was not introduced until after the discovery deadline, and while the oil company raises a number of arguments for why the video should nonetheless be allowed, including arguing the man “cannot be surprised by what he does at a worksite,” none of the arguments sufficiently justify allowing the video. Affirmed.
Court: Texas Courts of Appeals, Judge: Alley, Filed On: February 9, 2024, Case #: 08-23-00096-CV, Categories: Vehicle, Damages, Discovery
Per curiam, the Vermont Supreme Court finds the family court properly terminated the father’s parental rights to his children. The evidence supports the finding regarding the father not identifying any basis of weighing the court’s best interest of the children was inconsistent. Affirmed.
Court: Vermont Supreme Court, Judge: Per curiam, Filed On: February 9, 2024, Case #: 23-AP-296, Categories: Family Law, Guardianship
J. Gibbons finds that while the government constructively amended defendant's indictment on a murder-for-hire charge when it filed a superseding indictment without required language about death resulting from the crime, defendant's due process rights were not violated. The prosecution repeatedly mentioned the language and its corresponding increase in potential punishments, while defendant made clear throughout the trial he was aware of the crimes with which he was charged. Affirmed.
Court: 6th Circuit, Judge: Gibbons, Filed On: February 9, 2024, Case #: 22-1650, Categories: Criminal Procedure, Murder, Due Process
J. Hartz finds that the lower court improperly dismissed civil rights claims against Oklahoma State University from a free speech advocacy group that sought to challenge new schoolwide policies that they claimed chilled free speech. The lower court tossed their suit on the grounds that the three student members they were representing decided to proceed in the case as anonymous persons, stating that the group lacked standing as a result. But the Supreme Court opinion they relied on to make those findings did not make anonymity an issue and there was "no hint, much less an emphatic statement," that the opinion in question was setting a precedent that anonymous persons could not have standing to bring claims such as this. Reversed.
Court: 10th Circuit, Judge: Hartz, Filed On: February 9, 2024, Case #: 23-6054, Categories: Civil Rights, Education, First Amendment
J. Subramanian finds that the district court improperly dismissed class claims contending Mexican branches of multinational banks engaged in price-fixing on government bonds sold to U.S. retirement funds because while actual pricing occurred in Mexico, nonparty broker-dealers facilitated sales from New York.
Court: 2nd Circuit, Judge: Subramanian, Filed On: February 9, 2024, Case #: 22-2039-cv, Categories: Antitrust, Securities, Jurisdiction
J. Duarte finds that the trial court erred in holding that the Privacy Rights Act of 2020 could not be enforced until one year after the Privacy Protection Agency finalized the promulgation of Act regulations. The Act does not mandate a one-year delay between approval of regulations and enforcement, even where the Agency failed to timely approve final regulations. Vacated.
Court: California Courts Of Appeal, Judge: Duarte, Filed On: February 9, 2024, Case #: C099130, Categories: Administrative Law, Privacy
J. Grimes finds that the trial court properly granted a judgment notwithstanding of the verdict to landlords after a jury found they were partially responsible for an attack by their tenant's pit bull dogs. No direct or circumstantial evidence was presented to show that they knew their tenant's dogs were dangerous. Affirmed.
Court: California Courts Of Appeal, Judge: Grimes, Filed On: February 9, 2024, Case #: B324831, Categories: Evidence, Negligence
[Modified.] J. Miller modifies a citation with no change in judgment. The trial court must grant the Black defendant's request for an evidentiary hearing where the state must show race-neutral reasons for seeking the death penalty. He satisfied the two-prong test under the Racial Justice for All Act for a prima facie racial discrimination claim. For one prong, statistical evidence was sufficient to show that Riverside County has a historical pattern of racial inequality in seeking the death penalty. For the other prong, he provided evidence that nonminority defendants with prior records who were charged with multiple murders did not face the death penalty. So, the state must show why those similarly situated nonminority defendants did not face death. Vacated.
Court: California Courts Of Appeal, Judge: Miller, Filed On: February 9, 2024, Case #: E080924, Categories: Death Penalty, Murder, Equal Protection
J. McCool finds that the lower court properly convicted defendant for attempted murder and discharging a firearm into an occupied automobile, but it improperly sentenced him on the firearm conviction. Because discharging a firearm into an occupied vehicle is a Class B felony, his sentence to life imprisonment without the possibility of parole on that conviction was unlawful. Accordingly, the matter is remanded for a new sentencing hearing. Affirmed in part.
Court: Alabama Court of Criminal Appeals, Judge: McCool, Filed On: February 9, 2024, Case #: CR-2022-0934, Categories: Firearms, Murder, Sentencing
J. Cartwright partially grants the Connecticut insurance company summary judgment against the New York insurance company's complaint that it has no duty to defend a third party in an underlying lawsuit, even as the Connecticut insurance company argues that the New York insurance company does not have a claim to any defense cost reimbursement. Previous Washington courts found that insurers can share defense costs equally, and the New York insurance company does not have a right to claim reimbursements for its defense costs because it was obligated to do so concurrently with the Connecticut insurance company.
Court: USDC Western District of Washington, Judge: Cartwright, Filed On: February 9, 2024, Case #: 2:22cv1114, NOS: Insurance - Contract, Categories: Insurance, Indemnification, Contract
Per curiam, the appellate division finds that defendant was properly convicted of second-degree murder because allowing limited references to defendant's nickname, "Animal," did not constitute error since certain witnesses knew him by that moniker. Meanwhile, a police interview regarding an incident in which defendant possessed a box cutter undermined his argument the defendant had not possessed a weapon at the scene of the instant crime. Affirmed.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: February 9, 2024, Case #: KA 22-00358, Categories: Evidence, Murder
J. Bumatay finds that the district court properly denied a habeas corpus petition challenging defendant's Nevada conviction and death sentence for robbery, burglary, and the first-degree murder of his former girlfriend's father. Defendant claimed that the Antiterrorism and Effective Death Penalty Act’s (AEDPA) deferential standard applies to his right-to-present-a-complete-defense claim. Defendant waived this issue by not presenting it to the district court. Affirmed.
Court: 9th Circuit, Judge: Bumatay , Filed On: February 9, 2024, Case #: 16-99000, Categories: Death Penalty, Habeas, Murder
J. May finds that a clinic was properly denied summary judgment in negligent retention claims in which an injured patient contended the clinic retained a surgeon not fit to practice surgery. The clinic operated as a licensed professional per Iowa Code 668.11 and thus was not entitled to dismissal. Affirmed.
Court: Iowa Supreme Court, Judge: May, Filed On: February 9, 2024, Case #: 22-0576, Categories: Employment, Negligence
J. Minor finds that this case must be remanded for the lower court to hold an evidentiary hearing on the applicant's claim regarding pretrial jail credit. Even though a credit in this case would "not shorten his prison sentence," since he is serving a life sentence without the possibility of parole on an attempted murder conviction, the relevant statute requires certification of the time "spent incarcerated pending trial."
Court: Alabama Court of Criminal Appeals, Judge: Minor, Filed On: February 9, 2024, Case #: CR-2023-0374, Categories: Criminal Procedure, Murder