153 results for 'filedAt:"2024-02-20"'.
J. Pirtle finds the trial court properly convicted defendant for assault, trespass and related charges based on sufficient evidence. A friend who was allowing defendant and the mother of his children to stay with her testified that after hearing a loud noise in her apartment she found defendant on top of the mother, strangling her. When the friend tried to intervene, defendant punched her. Furthermore, the record refutes claims of ineffective assistance. Affirmed.
Court: Nebraska Court Of Appeals, Judge: Pirtle , Filed On: February 20, 2024, Case #: A-23-501, Categories: Assault, Resisting Arrest, Trespass
J. Sutton finds that the lower court properly convicted defendant of rape, sodomy, and kidnapping. The state proved beyond a reasonable doubt that defendant locked the victim in the trunk of her car and drover her to a secluded spot so he could force her to perform oral sex at gunpoint. Further, the court did not err in declining to answer the jury's question about whether defendant's sentences would run consecutively or concurrently. Affirmed.
Court: Missouri Court Of Appeals, Judge: Sutton, Filed On: February 20, 2024, Case #: WD85844, Categories: Sex Offender, Kidnapping, Jury Instructions
J. Witt finds that the lower court properly allocated attorneys' fees in a settlement of claims asserted against the Board of Trustees of the Missouri Public Entity Risk Management Fund. The court did not misapply the law in holding they could not recover attorneys' fees absent an existing contingency fee contract. Further, the law firm did not prove the reasonable value of the services it performed. Affirmed.
Court: Missouri Court Of Appeals, Judge: Witt, Filed On: February 20, 2024, Case #: WD85947, Categories: Attorney Fees, Contract
J. Wood largely grants a group of realtor associations’ motion to dismiss an antitrust class action brought by a class of home buyers. The home buyers accuse the realtor associations of conspiring with a brokerage firm to illegally affect price competition among real estate brokers, resulting in the home buyers paying illegally high commission rates for their retained brokers. The court, however, finds it lacks jurisdiction over one of the realtor associations, and rules the class representative has not sufficiently alleged Sherman Act violations. The class’s unjust enrichment claims stand.
Court: USDC Northern District of Illinois, Judge: Wood, Filed On: February 20, 2024, Case #: 1:21cv430, NOS: Antitrust - Other Suits, Categories: Antitrust, Jurisdiction, Class Action
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Per curiam, the appellate division finds that the lower court properly dismissed personal injury claims against Con Ed and the city related to a man's trip and fall in a crosswalk. Con Ed proved it had not worked in the area for two years prior to the accident, and the man failed to properly notify the city of his claim, because he named a different crosswalk in his notice of claim than in his deposition. Affirmed.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: February 20, 2024, Case #: 00858, Categories: Tort
J. Wright grants an individual's motion to set aside default and grants in part a perishable agricultural commodities company's motion for default judgment. The company alleges that the buyer has not paid invoices. The individual alleges that he was not properly served and the company has not shown that the individual acted in bad faith. The company's motion for default judgment against the individual is denied as moot. The company alleges that it sold and shipped perishable agricultural commodities to the buyer, and its motion for default judgment is granted on the claims that have been adequately alleged.
Court: USDC Central District of California, Judge: Wright, Filed On: February 20, 2024, Case #: 8:23cv410, NOS: Agricultural Acts - Other Suits, Categories: Agriculture, Contract
J. Vyskocil dismisses this class action against the state alleging that individuals with intellectual disabilities faced long delays in moving from restrictive institutional facilities to community-based residential settings. Since filing the complaint, all class members have been found placements, so the case shall be dismissed for lack of jurisdiction.
Court: USDC Southern District of New York, Judge: Vyskocil, Filed On: February 20, 2024, Case #: 1:22cv5045, NOS: Amer w/Disabilities - Other - Civil Rights, Categories: Health Care, Agency, Class Action
J. Stewart denies a self-represented litigant’s motion to amend his civil rights complaint that seeks to reinstate more than 30 claims that the court had previously dismissed, plus add several new claims, finding the claims frivolous. The court furthermore trims his complaint down to only two claims for denial of prescription medication while incarcerated.
Court: USDC Northern District of New York, Judge: Stewart, Filed On: February 20, 2024, Case #: 1:22cv169, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Health Care, Prisoners' Rights
[Consolidated.] J. Ellington finds that the trial court properly convicted defendants of murder and other offenses. The trial court correctly admitted evidence related to an eyewitness's identification of defendant in a photo lineup because the lineup was not impermissibly suggestive. Defendant failed to show that his trial counsel's performance was deficient or that his counsel was ineffective for failing to object to the admission of evidence that defendant and his co-defendant were in an intimate same-sex relationship. Although the trial court gave an incorrect instruction to the jury on the proper use of admitted evidence of other acts, the instruction did not affect the trial outcome in light of the strong evidence of defendants' guilt. Affirmed.
Court: Georgia Supreme Court, Judge: Ellington, Filed On: February 20, 2024, Case #: S23A0942, Categories: Ineffective Assistance, Murder
J. Tigar allows some claims to move forward against Telsa from car owners who say the company released software updates to reduce the battery life of Model S and X Tesla vehicles. The unfair competition claims fail for not showing how Tesla plans to continue these practices in the future or that Tesla broke through security measures to get its updates downloaded. The remaining claims survive because the consumers plausibly allege that Tesla intentionally released a series of software updates that resulted in immediate battery degradation.
Court: USDC Northern District of California, Judge: Tigar, Filed On: February 20, 2024, Case #: 4:23cv2321, NOS: Other Statutory Actions - Other Suits, Categories: Vehicle, Unfair Competition, Class Action
J. Fearing finds that the lower court properly entered a protective order against an ex-husband in favor of his ex-wife. He claims that when the lower court realigned him as the petitioner in the dispute, the lower court lost the authority to enter an order against him. The lower court did err, but the error was in realigning him in the first place. The matter is remanded to realign him as the respondent, and with the clerical error fixed, the protective order against him stands. Affirmed.
Court: Washington Court Of Appeals, Judge: Fearing, Filed On: February 20, 2024, Case #: 39365-8-III, Categories: Civil Procedure, Restraining Order
J. Ervin-Knott finds that defendant was properly convicted of felony carnal knowledge of a juvenile and indecent behavior with a juvenile. In this case, defendant was properly charged by grand jury indictment and was present and represented by counsel at arraignment, trial and sentencing. Based on the trial transcript, the state proved the essential elements of the crimes. Defense counsel's motion to withdraw is granted. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Ervin-Knott , Filed On: February 20, 2024, Case #: 2023-KA-0556, Categories: Criminal Procedure, Sex Offender
J. Baker finds the trial court properly granted partial summary judgment to a doctor and denied a patient’s motion for a new trial in this medical malpractice case. The patient alleges the doctor negligently performed a thighplasty on her, instead of doing a lower body lift for her desired results. The jury found the doctor not negligent in the standard of care on sequencing. Affirmed.
Court: Montana Supreme Court, Judge: Baker, Filed On: February 20, 2024, Case #: DA 22-0600, Categories: Medical Malpractice
J. O’Scannlain denies a medical center’s petition for review and grants the National Labor Relations Board’s cross-application for enforcement on an order finding that the medical center engaged in an unfair labor practice under the National Labor Relations Act ceasing union dues checkoff under a collective bargaining agreement.
Court: 9th Circuit, Judge: O’Scannlain, Filed On: February 20, 2024, Case #: 23-137, Categories: Health Care, Labor / Unions
J. Ashe grants a request by the president and majority owner of an oilfield services company, dismissing on jurisdictional grounds its fired COO’s suit to dissolve the company, and for an accounting and access to company records. The president, a citizen of Florida, and the ex-COO, the company’s minority owner, is a citizen of Texas, so the company is a citizen of both states. The minority-shareholder's suit must be dismissed because it cannot proceed without the company, but adding the company would destroy the diversity of citizenship required for federal jurisdiction.
Court: USDC Eastern District of Louisiana , Judge: Ashe, Filed On: February 20, 2024, Case #: 2:23cv6409, NOS: Insurance - Contract, Categories: Civil Procedure, Corporations, Partnerships
J. Rivera finds that the appellate division improperly found for building owners in workplace injury claims contending the subcontractor's employee slipped on plastic sheeting that had been put down while he painted an escalator because the plastic constituted a "foreign substance" not part of the escalator, and the sheet was not integral to the painter's work since drop cloths could have been used. Reversed.
Court: New York Court Of Appeals, Judge: Rivera, Filed On: February 20, 2024, Case #: 11, Categories: Tort, Labor