155 results for 'filedAt:"2024-02-23"'.
J. Carreno-Coll grants the United States' motion to dismiss the injured man's claims against it stemming from a motor vehicle collision, along with the insurance company and the driver's employer's motion to dismiss. This court lacks subject-matter jurisdiction over this case because the driver was not employed directly by the U.S. Postal Service, as the injured man alleged. The injured man also has not proven that the United States was properly served. The court also declines to exercise supplemental jurisdiction over the injured man's claim under Puerto Rico law.
Court: USDC Puerto Rico, Judge: Carreno-Coll, Filed On: February 23, 2024, Case #: 3:22cv1130, NOS: Other Personal Injury - Torts - Personal Injury, Categories: Tort, Jurisdiction
J. Mendez-Miro grants the hospital and doctors' motion to exclude the testimony of one expert, but denies their motion to exclude another's testimony and a supplement to a motion in limine. The first expert, a neurologist, came to broad conclusions about the standard of care that do not rest on reliable scientific methodologies or grounds. The hospital and doctors' contentions that the second, testifying as a Life Care Planner, engaged in unsupported speculation are not sufficient reason to exclude his testimony. The supplement, finally, does not include any new theories or evidence surprising to the hospital or doctors, and is harmless.
Court: USDC Puerto Rico, Judge: Mendez-Miro, Filed On: February 23, 2024, Case #: 3:20cv1431, NOS: Personal Injury - Medical Malpractice - Torts - Personal Injury, Categories: Experts, Medical Malpractice
J. Coleman grants a pizzeria franchise licensing company’s motion to dismiss counterclaims brought by a former franchisee. The licensing company initially brought suit against the franchisee after it claimed that he violated several elements of the pizzeria franchise agreement, terminating the agreement over the same issues. In response, the franchisee counter-sued for fraud and breach of contract, but the court finds he has not sufficiently alleged these claims.
Court: USDC Northern District of Illinois, Judge: Coleman, Filed On: February 23, 2024, Case #: 1:22cv2396, NOS: Franchise - Contract, Categories: Fraud, Business Practices, Contract
J. Easterbrook finds that the lower court properly found for the insurer in a dispute over its responsibility to pay to replace a furnace refractory at a cost of $400,000 after the furnace failed. The insurer's investigation found that the refractory failed because of faulty welding, and the policy only covers damage to the refractory if it is damages by fire, wind, hail or explosion. Further, the insurer is not required to pay for damages due to the destructive testing on the damages refractory because the smelter agreed to the testing. Affirmed.
Court: 7th Circuit, Judge: Easterbrook, Filed On: February 23, 2024, Case #: 22-2556, Categories: Insurance, Contract
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J. Lewison finds a lower court improperly dismissed a minority shareholder's unfair prejudice claims against an e- commerce technology group. The e-Commerce retail company and nine of its members argued that the minority shareholder was not entitled to bonus shares for failing to bring his claims within 6 years. However, the minority shareholder presented sufficient evidence in court that he filed his claims within the amended 12 year limitation period under section 994 of the 1980 Limitation Act. Reversed.
Court: Her Majesty's Court of Appeal, Judge: Lewison, Filed On: February 23, 2024, Case #: CA-2023-326, Categories: Corporations, Employment, Business Practices
J. Holroyde finds a lower court improperly dismissed a former ear, nose, and throat surgeon's for monetary relief under the Armed Forces and Reserve Forces plan. The Secretary of State for Defense argued that it properly compensated the former surgeon for his moderate functional restrictions. However, the former surgeon sufficiently showed in court that he is entitled to a higher reward based on his depressive adjustment disorder stemming from his service in the Royal Navy from 1990 to 2017. Reversed.
Court: Her Majesty's Court of Appeal, Judge: Holroyde, Filed On: February 23, 2024, Case #: CA-2023-1072, Categories: Damages, Military
J. Loken finds a lower court properly denied a citizen of India's motion for religious and political asylum. The citizen of India argued that he would face persecution in his native land at the hands of a ruling party. However, the government sufficiently showed in court that he consistently requested further continuances based on the Covid-19 pandemic shut down, and failed to present new evidence to support his claims. Affirmed.
Court: 8th Circuit, Judge: Loken, Filed On: February 23, 2024, Case #: 23-2289, Categories: Civil Rights, Government, Covid-19
J. Liburdi grants a County's motion for partial summary judgment concerning freedom of speech and association claims brought by a detention sergeant. The County sufficiently showed in court that it was entitled to ban the detention sergeant from having conversations with co-workers about joining a non- for- profit law enforcement association during work hours.
Court: USDC Arizona, Judge: Liburdi, Filed On: February 23, 2024, Case #: 2:21cv1914, NOS: Employment - Civil Rights, Categories: Civil Rights, Employment
Per curiam, the Supreme Court of Nebraska accepts Benjamin L. Bramblett's conditional admission and enters an order of public reprimand. Charges against the attorney include that of incompetence, as well as violations involving communications, respect for rights of third person and misconduct, all involving a child custody dispute. Due to the conditional admission, it is found Bramblett knowingly does not challenge the matters and has waived proceedings.
Court: Nebraska Supreme Court, Judge: Per curiam, Filed On: February 23, 2024, Case #: S-23-778, Categories: Family Law, Guardianship, Attorney Discipline
J. Lewis finds the lower court erroneously denied the grandmother's petition to adopt the children for lack of jurisdiction. The Hague Convention does not apply to the children, who are both lawful permanent residents of the U.S.; therefore, the case must be remanded to allow for proper consideration of the petition. Reversed.
Court: Ohio Court Of Appeals, Judge: Lewis, Filed On: February 23, 2024, Case #: 2024-Ohio-682, Categories: Family Law, Immigration
J. Sheldon finds the lower court properly granted the owners association's motion for summary judgment. The property owners failed to prove they had exclusive use of easements that abutted their shoreline properties. Although the deeds to the properties include limitations on the easements, the entity that transferred ownership to the owners association did not abandon all rights, while the property owners also failed to prove adverse possession. The vegetation on the strips of land was wild growth, not the type of maintained landscaping that would have allowed them to assert independent ownership. Affirmed.
Court: Connecticut Court Of Appeals, Judge: Sheldon, Filed On: February 23, 2024, Case #: AC45974, Categories: Evidence, Property, Real Estate
J. Westbrook finds the lower court properly denied the request for a new criminal trial filed by the rabbi convicted of sexual assault. Although the affidavit filed by the assistant rabbi claimed the victim was over the age of 16, it was not corroborated by any other evidence and likely would not have changed the outcome of the trial. The victim admitted he was unsure of his age at the time of the abuse, but this statement did not equate to a retraction of his trial testimony, while the assistant rabbi's credibility was also an issue, based on his evasion of subpoenas during both the criminal and civil trials. Affirmed.
Court: Connecticut Court Of Appeals, Judge: Westbrook, Filed On: February 23, 2024, Case #: AC46055, Categories: Evidence, Sex Offender, Child Victims
J. Oliver grants the employer's motion for summary judgment, ruling that because the shoulder and neck injuries cited by the employee were temporary and did not substantially limit his ability to work, he is not considered disabled under the Americans with Disabilities Act. Furthermore, the Family and Medical Leave Act claims also fail because the employee was granted several leaves of absence and any alleged misconduct on the part of the employer took place after his FMLA leave had been exhausted.
Court: USDC Connecticut, Judge: Oliver, Filed On: February 23, 2024, Case #: 3:21cv948, NOS: Amer w/Disabilities-Employment - Civil Rights, Categories: Ada / Rehabilitation Act, Employment Discrimination
J. Higginbotham finds the district court properly convicted defendant for producing child pornography. Law enforcement learned that internet addresses associated with a church uploaded child pornography images to a website. A warranted search of the church yielded a hard drive with videos of children taking baths in the church's offices. Certain videos captured defendant working with the pastor to set up the porn shoots. The court properly denied defendant's motion to suppress statements made to investigators where he admitted to setting up the shoots, or in excluding a psychologist's testimony that defendant shows no signs of pedophilia. Affirmed.
Court: 5th Circuit, Judge: Higginbotham , Filed On: February 23, 2024, Case #: 23-40144, Categories: Sex Offender, Child Pornography, Jury Instructions
J. Oliver grants the photographer's motion for summary judgment, ruling the school photography company cannot pursue actual damages for his solicitation of customers because it failed to submit the profit-and-loss statement during the discovery period, but waited until the summary judgment stage, which renders the evidence inadmissible. Meanwhile, the photography company's motion for summary judgment on the photographer's counterclaims will also be granted because the employment contract between the parties allowed the company to unilaterally change the photographer's compensation structure and prevents him from seeking unpaid commissions.
Court: USDC Connecticut, Judge: Oliver, Filed On: February 23, 2024, Case #: 3:21cv666, NOS: Other Contract - Contract, Categories: Trade Secrets, Contract
J. Underhill grants the employer's motion for a temporary restraining order, ruling it will suffer irreparable harm if the former employee is allowed to make further social media posts following her termination and creation of a competing business. Therefore, she will be barred from posting any information related to local entertainment and "family fun" directed at parents in her area.
Court: USDC Connecticut, Judge: Underhill, Filed On: February 23, 2024, Case #: 3:24cv192, NOS: Trademark - Property Rights, Categories: Trademark, Contract
J. Northcutt finds the lower court erred in finding defendant in violation of a special condition directing him to complete a sexual offender treatment program. He showed the state’s evidence that he was discharged from the program was mere hearsay. The lower court should enter an amended revocation order, omitting that violation. There must be three violations to revoke probation and impose a prison sentence. Affirmed in part. Reversed in part.
Court: Florida Courts Of Appeal, Judge: Northcutt, Filed On: February 23, 2024, Case #: 2D22-2305, Categories: Probation, Sex Offender
J. Theriot finds that the trial court properly ruled in favor of the supermarket in a patron's suit over alleged injuries from a trip and fall near a refrigerated meat display. The evidence shows that the stocking cart the patron tripped over did not present "an unreasonable risk of harm" and that she had not been paying attention to her surroundings when the incident occurred. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Theriot, Filed On: February 23, 2024, Case #: 2023CA0978, Categories: Civil Procedure, Negligence
J. Greene finds that the trial court properly calculated the father's child support obligation and that the mother is owed additional attorney fees for this appeal. The father did not show that the evidence relied upon for the calculation was incomplete, and there was sufficient evidence to support the findings regarding the parties' incomes. Affirmed as amended.
Court: Louisiana Court Of Appeal, Judge: Greene, Filed On: February 23, 2024, Case #: 2023CU1050, Categories: Evidence, Family Law, Attorney Fees
J. Moore finds trial court improperly admitted the test results from a TruNarc, a handheld narcotics analyzer, which an Irvine police officer testified about. The officer was not qualified to testify regarding the scientific principles of laser technology, as this was a new technique. Defendant’s conviction for simple possession carisoprodol must be reversed due to the improper evidence of the TruNarc. The trial court properly convicted defendant on two methamphetamine charges. Affirmed in part. Reversed in part.
Court: California Courts Of Appeal, Judge: Moore, Filed On: February 23, 2024, Case #: G061764, Categories: Drug Offender, Evidence