103 results for 'filedAt:"2024-02-13"'.
J. Arterburn finds the juvenile court properly removed the 13-year-old child from her grandmother's care. The child's therapist testified she exhibited trauma and avoidance issues. The child was properly allowed to testify as to the parties' combative relationship outside the grandmother's presence, with the therapist explaining the presence would likely cause the child emotional distress or fear, probably impacting the testimony. Affirmed.
Court: Nebraska Court Of Appeals, Judge: Arterburn , Filed On: February 13, 2024, Case #: A-23-388, Categories: Evidence, Family Law, Guardianship
J. Walter affirms the bankruptcy court’s decision on a lender's motion for judgment on the pleadings regarding a property that the debtor alleges his stepfather transferred to him. The stepfather's loan was secured by a second deed of trust against the property. After a decade-long default on the loan, a trustee's sale was held. The bankruptcy court did not err when it concluded that the debtor's wrongful foreclosure claim was barred by the doctrine of res judicata.
Court: USDC Central District of California, Judge: Walter, Filed On: February 13, 2024, Case #: 8:23cv19, NOS: Bankruptcy Appeal 28 USC 158 - Bankruptcy, Categories: Bankruptcy
J. Martin finds that the lower court properly convicted defendant of second-degree murder after overruling his objections to the introduction of statements made by a co-conspirator. The evidence clearly supports a finding that defendant conspired with two other men to develop a plan to rob the victim, so the co-conspirator's comments made in furtherance of that conspiracy are admissible under the co-conspirator exception to the hearsay rule. Affirmed.
Court: Missouri Court Of Appeals, Judge: Martin, Filed On: February 13, 2024, Case #: WD85834, Categories: Evidence, Murder
J. Bishop finds the trial court properly convicted defendant, by no-contest plea, for making terroristic threats. After officers responded to the domestic disturbance, defendant pointed a shotgun at them, saying he would “blow them away." All evidence supports the conviction, and trial counsel’s failure to file a motion to suppress the arrest warrant was not deficient. Affirmed.
Court: Nebraska Court Of Appeals, Judge: Bishop , Filed On: February 13, 2024, Case #: A-23-503, Categories: Firearms, Threats, Terrorism
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J. Clayton finds that the lower court properly convicted defendant of killing his girlfriend and sentenced him to life without parole. Under the totality of the circumstances, the evidence shows defendant made a knowing waiver of his Miranda rights before his interrogation by police. Further, the court did not abuse its discretion in admitting a recording from the victim's phone as defendant was not prejudiced by the admission due to the strong evidence of his guilt. Affirmed.
Court: Missouri Court Of Appeals, Judge: Clayton, Filed On: February 13, 2024, Case #: ED111130, Categories: Evidence, Miranda, Murder
J. Odenwald dismisses the appeal due to numerous briefing deficiencies, including the submission of fictitious cases generated by artificial intelligence, which qualifies as an abuse of the judicial system. Appellant must pay $10,000 to the respondent for filing a frivolous appeal.
Court: Missouri Court Of Appeals, Judge: Odenwald, Filed On: February 13, 2024, Case #: ED111172, Categories: Civil Procedure, Sanctions, Technology
J. Smith finds a lower court properly denied an applicant's claim for disability insurance benefits. The applicant argued that he is entitled to relief based on his deep vein thrombosis in his hip and lumber spine issues. However, the social security administration presented sufficient evidence in court that he could take a role as a document preparer and surveillance system monitor, based on a physicians report that he has "full range of neck motion." Affirmed.
Court: 8th Circuit, Judge: Smith, Filed On: February 13, 2024, Case #: 22-3126, Categories: Employment, Insurance
Per curiam, the appellate division finds that the lower court properly denied the insurers' motion for summary judgment in a dispute over their refusal to provide coverage in two underlying personal injury actions. The insurers failed to show that a policy exclusion applies, due to inconsistent language in the contract, and it is not clear that the accidents at issue arose from the contractors' electrical work on the site or from general safety conditions. Affirmed.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: February 13, 2024, Case #: 00734, Categories: Insurance, Indemnification, Contract
J. Olson finds that the lower court improperly granted defendant’s suppression motion in this case involving a traffic stop that found evidence of him possessing marijuana with the intent to deliver. Pennsylvania presented evidence showing neither the defendant nor his codefendant, who was also in the car during the stop, were registered owners of the vehicle, so defendant failed to meet the burden of proving that he had a privacy interest in the vehicle. Vacated.
Court: Pennsylvania Superior Court, Judge: Olson, Filed On: February 13, 2024, Case #: J-A28001-23, Categories: Drug Offender, Search, Sentencing
J. Todd finds that the lower court improperly dismissed a petition filed by a Philadelphia-area congregation of Jehovah’s Witnesses who asked whether its leading elders are required to report suspected child sexual abuse under the Child Protective Service Law. Dismissing the petition and its motion for summary relief violated the coordinate jurisdiction rule. Vacated.
Court: Pennsylvania Supreme Court, Judge: Todd, Filed On: February 13, 2024, Case #: J-47-2023, Categories: Civil Procedure, Government, Jurisdiction
J. Kindred grants an insurance company's motion for attorney fees in a coverage dispute following an injury accident aboard a natural gas platform. The insurer sought a declaratory judgment that the charterer’s policy did not provide coverage for the accident, and the court found for the insurer. As the prevailing party, the insurer is granted $43,952.
Court: USDC Alaska, Judge: Kindred, Filed On: February 13, 2024, Case #: 3:21cv252, NOS: Insurance - Contract, Categories: Insurance
J. Eyester denies the Navy's motion for summary judgment. The contractor appeals the partial denial of its claim for compensation related to asbestos abatement at a building on Marine Corps Base Camp Pendleton, California. The contractor, after the unforeseen finding of asbestos during its renovation, claimed defective specifications and submitted a cost proposal for its proposed change to demolish and replace walls. The matter was insufficiently briefed and there are disputed facts regarding the number of days of delay, and whether any government-caused delays were concurrent with delays within the contractor's control.
Court: Armed Services Board Of Contract Appeals, Judge: Eyester, Filed On: February 13, 2024, Case #: 62627, Categories: Government, Military, Contract
J. Kirsch denies plaintiff a restraining order against a decentralized autonomous organization that allegedly failed to process the investor's cryptocurrency redemption requests. The investor failed to establish the company would not be able to pay an award following trial, and an alleged security incident in the underlying treasury in 2024 did not render the claims urgent because the investor purchased the tokens after similar incidents in 2023.
Court: USDC New Jersey, Judge: Kirsch , Filed On: February 13, 2024, Case #: 3:24cv722, NOS: Securities/Commodities/Exchange - Other Suits, Categories: Securities
J. Gustafson finds that the trial court improperly entered a permanent order of protection barring a grandmother from unsupervised visits with her grandchild. Hearsay allegations of drug use that would support a temporary order are insufficient for a permanent order, which would require substantial, credible evidence. Reversed.
Court: Montana Supreme Court, Judge: Gustafson, Filed On: February 13, 2024, Case #: DA 23-0390, Categories: Family Law, Restraining Order
[Consolidated.] J. Land finds that the trial court properly denied defendant's motion to withdraw his guilty plea to offenses including aggravated assault arising after defendant fired a gun into a crowd which included five police officers. However, the case is remanded to the trial court for correction of a scrivener's error in the written sentencing order. Affirmed in part.
Court: Georgia Court of Appeals, Judge: Land, Filed On: February 13, 2024, Case #: A23A1679, Categories: Assault, Plea
J. Stearns grants in part a moving subcontractor’s motion to dismiss claims brought against it by a couple, after the subcontractor refused to return items it picked up from the couple’s house or pickup additional items because it hadn’t been paid properly. The claims which allege the subcontractor damaged the couple’s belongings are preempted by the Carmack Amendment to the Interstate Commerce Act.
Court: USDC Massachusetts, Judge: Stearns, Filed On: February 13, 2024, Case #: 1:22cv10767, NOS: Other Contract - Contract, Categories: Commerce, Property, Contract
J. Delaney finds the trial court erroneously dismissed the homeowner's consumer sales claim against the restoration company. The one-year statute of limitations contained in the company's terms and services agreement does not apply to such claims, which are subject to a two-year statute of limitations under Ohio law. However, even though the physical contract between the parties was not available at the time the homeowner digitally signed it, he was provided complete documentation at the conclusion of the remediation project and, therefore, the one-year statute of limitations is applicable to his contract and negligence claims, which were properly dismissed. Reversed in part.
Court: Ohio Court Of Appeals, Judge: Delaney, Filed On: February 13, 2024, Case #: 2024-Ohio-531, Categories: Civil Procedure, Consumer Law, Contract
J. Coughenour grants the employee summary judgment on the categorization of the Achievement Based Compensation plan of her class action accusing Xerox of not paying the employee's overtime wages. Xerox disputing the ABC plan's proper categorization does not account for multiple prior court rulings, including those that qualify the employee and others as hourly employees, so the ABC plan cannot be categorized as anything other than hourly pay.
Court: USDC Western District of Washington, Judge: Coughenour, Filed On: February 13, 2024, Case #: 2:12cv717, NOS: Other Contract - Contract, Categories: Employment, Class Action, Contract
J. Rice finds the trial court was within its discretion to admit evidence of prior domestic violence in a trial that ended with defendant's conviction for felony Partner or Family Member Assault. The prior act evidence showed his specific hostility toward the victim and provided context for the victim's reluctance to talk to police. Affirmed.
Court: Montana Supreme Court, Judge: Rice, Filed On: February 13, 2024, Case #: DA 21-0586, Categories: Evidence, Domestic Violence
J. Boardman dismisses this employment dispute in favor of the Maryland human services department alleging disability discrimination, retaliation and FMLA violation by a former employee. The employee alleges that, when he was out on FMLA, a supervisor requested him to come into the office and terminated him, interfering with his leave. He fails to plausibly allege he is entitled to judgment on the basis of disability or an adverse reaction. The motion for discovery is denied as moot, but the employee may provide a proposed amended complaint.
Court: USDC Maryland, Judge: Boardman, Filed On: February 13, 2024, Case #: 8:23cv1577, NOS: Amer w/Disabilities-Employment - Civil Rights, Categories: Ada / Rehabilitation Act, Employment Discrimination, Employment Retaliation
J. Poplin denies the defendant manufacturing company's motion for summary judgment in this lawsuit brought by a former employee alleging failure to accommodate and disability discrimination under the Americans with Disabilities Act. The former employee, who had epilepsy and suffered multiple seizures at work, was allegedly terminated from his employment as a machine operator. There are issues of fact precluding summary judgment, specifically as to his requested accommodations.
Court: USDC Eastern District of Tennessee , Judge: Poplin, Filed On: February 13, 2024, Case #: 3:21cv332, NOS: Amer w/Disabilities-Employment - Civil Rights, Categories: Ada / Rehabilitation Act, Employment Discrimination
J. Pucinski finds that the lower court properly denied the tax purchaser's petition for a tax dead. The purchaser failed to obtain leave of court for an extension of its redemption period or to diligently serve an interested party entitled to notice. Affirmed.
Court: Illinois Appellate Court, Judge: Pucinski, Filed On: February 13, 2024, Case #: 220670, Categories: Property, Tax
J. Sands grants the officials' motion to dismiss the individual's civil rights, fraud and emotional distress action arising after deputies allegedly repeatedly shot and raped the individual. The individual also claimed that officials conspired to falsify his paternity records. The action and the individual's proposed amended complaints are improper shotgun pleadings that do not clearly indicate which claims are directed at which parties. The allegations in the complaint are "delusional or frivolous." The individual also failed to perfect service on the officials.
Court: USDC Middle District of Georgia, Judge: Sands, Filed On: February 13, 2024, Case #: 7:22cv112, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights
J. Schreier grants county employees' motion for dismissal on an individual's claims and dismisses with prejudice remaining claims against other county and prison employees. The matter stems from the individual's conviction in South Dakota state court of multiple counts of possessing, manufacturing, or distributing child pornography. The individual alleged that defendants conspired with one another to deny his First and Fourteenth Amendment rights of access to courts, freedom of speech, and to petition the government, and that those rights were violated when prison mailroom staff failed to process his appeal in a timely fashion.
Court: USDC South Dakota, Judge: Schreier, Filed On: February 13, 2024, Case #: 4:22cv4099, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Constitution
J. Nalbandian finds the trial court properly granted the manufacturers' motion for summary judgment in a products liability case. The lack of expert testimony of causation was fatal to the patients' claims, as such testimony is required in complex, multidistrict litigation. Furthermore, the expert witness's reliance on a single clinical trial that did not conclusively prove a link between the diabetes drug and heart failure and his decision to ignore numerous other studies that showed no causal link between the two allowed the trial court to grant the drug manufacturers' motion to exclude his testimony. Affirmed.
Court: 6th Circuit, Judge: Nalbandian, Filed On: February 13, 2024, Case #: 22-6078, Categories: Evidence, Product Liability, Experts