194 results for 'filedAt:"2024-02-29"'.
J. Graham finds the circuit court properly dismissed a lawsuit from the cheese company and associated entities challenging the state agency's tax assessments of their properties because they did not properly serve the lawsuit to the agency. The record shows the company and entities failed to strictly adhere to process service requirements under state law, in part because the individual tasked with personally serving the agency handed the documents to a security guard and tax specialist at the agency's office, not "an official" with the agency, the day before the documents were due under statutes without clearly noting she was serving legal papers. Affirmed.
Court: Wisconsin Court of Appeals, Judge: Graham, Filed On: February 29, 2024, Case #: 2023AP000583, Categories: Civil Procedure, Tax
Per curiam, the Seventh Circuit finds that the lower court improperly sentenced defendant for trafficking meth without accounting for whether the drugs in question were actual, pure methamphetamine or a mixture containing methamphetamine. Had the court done so, defendant's guidelines range would have been lower, so the error prejudiced defendant. Vacated.
Court: 7th Circuit, Judge: Per curiam, Filed On: February 29, 2024, Case #: 22-2174, Categories: Drug Offender, Sentencing
J. Alonso partially grants UPS’s motion for summary judgment on retaliation and sex & disability discrimination claims brought by one of its human resources managerial employees. The manager claims UPS didn’t provide her necessary accommodations to express breast milk at work, retaliated against her for taking maternity leave and for filing and filing an EEOC complaint, and passed her over for promotion. The court finds she has not sufficiently alleged her claim under the FMLA, nor her retaliation claim related to her maternity leave. Her remaining claims stand.
Court: USDC Northern District of Illinois, Judge: Alonso, Filed On: February 29, 2024, Case #: 1:21cv3506, NOS: Employment - Civil Rights, Categories: Employment, Employment Discrimination, Employment Retaliation
J. McKeown finds that the district court properly entered summary judgment in favor of the Suquamish Tribe in an action brought by several insurance companies seeking a declaratory judgment that the Suquamish Tribal Court did not have subject-matter jurisdiction over the Tribe’s suit for breach of contract concerning its insurance claims for lost business and tax revenue and other expenses after the suspension of business operations during the Covid-19 pandemic. The Tribal Court had subject-matter jurisdiction over the Tribe’s claim against nonmember insurance companies that participated in an insurance program offered exclusively to tribes. Affirmed.
Court: 9th Circuit, Judge: McKeown, Filed On: February 29, 2024, Case #: 22-35784, Categories: Native Americans, Jurisdiction, Covid-19
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Per curiam, the circuit finds the district court properly convicted defendant for conspiracy to possess with intent to distribute meth and conspiracy to commit money laundering. After a postal inspector alerted authorities to a package later confirmed to be a drug shipment, a package type and activity profile was set up that led investigators to defendant. Sufficient evidence, including wiretapped phone conversations, supports the conviction. Defendant declined the plea offer, and no abuse of discretion is found in the conviction or sentence. Affirmed.
Court: 5th Circuit, Judge: Per curiam, Filed On: February 29, 2024, Case #: 23-60101, Categories: Drug Offender, Evidence, Money Laundering
J. Huber finds the district court improperly denied an award of attorney fees to the pontoon boat operator. The negligence suit was brought by a passenger who sustained injuries after falling from the boat. The passenger rejected two offers of judgment from the operator and the court entered a take-nothing judgment in favor of the operator, awarding him costs but not attorney fees. The court incorrectly determined the operator's offer of judgment made under a particular statute controlled and that he was not entitled to attorney fees from another offer made under a statute allowing for recovery of attorney fees. Vacated in part.
Court: Oklahoma Courts Of Appeal, Judge: Huber, Filed On: February 29, 2024, Case #: 120265, Categories: Settlements, Negligence, Attorney Fees
J. Watson grants, in part, the employer's motion for summary judgment, ruling the two-year statute of limitations will apply to all Fair Labor Standards Act claims brought in the lawsuit by the class of delivery drivers because the employer's potential misclassification of the drivers was not willful conduct. Rather, the company's owner testified he was unaware of similar lawsuits filed by Amazon delivery drivers and based the classification on his previous experience as a delivery driver.
Court: USDC Southern District of Ohio, Judge: Watson, Filed On: February 29, 2024, Case #: 2:21cv4744, NOS: Fair Labor Standards Act - Labor, Categories: Evidence, Class Action, Labor
J. Johnson denies, in part, the employer's motion for summary judgment, ruling the employee's Americans with Disabilities Act claim will proceed because a reasonable jury could find his knee injury, which forced him to wear a brace, caused him to limp, and was exacerbated by sitting or standing, substantially limited a portion of his major life activities and rendered him disabled. However, because a mandatory overtime shift that led to the employee's termination was not covered by Family and Medical Leave Act or any other type of leave, the retaliation claim must be dismissed.
Court: USDC New Mexico, Judge: Johnson, Filed On: February 29, 2024, Case #: 1:22cv525, NOS: Employment - Civil Rights, Categories: Ada / Rehabilitation Act, Employment Discrimination, Employment Retaliation
J. Shea grants Yale University's motion for summary judgment, ruling the employee's performance issues over a number of years, including many problems she admitted to during her deposition, gave the university a legitimate reason to fire her despite her claims of age and race discrimination.
Court: USDC Connecticut, Judge: Shea, Filed On: February 29, 2024, Case #: 3:21cv1552, NOS: Employment - Civil Rights, Categories: Employment Discrimination, Employment Retaliation
J. Dorsey grants the taxi company's motion to dismiss the concert of action claim. The company's driver filed an insurance claim against the other driver's policy after an accident, causing the other driver's rates to go up. The other driver's concert of action claim says the claim was false but fails to identify a scheme the company had with a lawyer it referred to its driver. The only relevant allegations against the company are that its driver “most likely” knew to contact the lawyer from the cab company, which would be familiar with personal injury lawyers.
Court: USDC Nevada, Judge: Dorsey , Filed On: February 29, 2024, Case #: 2:19cv1173, NOS: Other Fraud - Torts - Personal Property, Categories: Fraud, Insurance, Vehicle
J. Montoya-Lewis finds that the lower court improperly found that there was not enough evidence to convict defendant of assault. There was enough evidence on the record that, during a road rage incident, defendant forced another driver to stop and then circled their car with an assault rife. This would be enough for a potential jury to find that defendant was guilty of second-degree assault beyond a reasonable doubt. Reversed.
Court: Washington Supreme Court, Judge: Montoya-Lewis, Filed On: February 29, 2024, Case #: 101635-2, Categories: Assault
J. Hoyle finds the trial court properly convicted defendant for aggravated assault with a deadly weapon. Though defendant pleaded true to a sentencing enhancement for a previous conviction for aggravated sexual assault of a child, he claims his 60-year prison sentence amounts to cruel and unusual punishment. The sentence is within guidelines and not constitutionally disproportionate for a habitual offender. Affirmed.
Court: Texas Courts of Appeals, Judge: Hoyle , Filed On: February 29, 2024, Case #: 12-22-00002-CR, Categories: Sentencing, Assault, Weapons
[Consolidated.] J. McShan finds that the lower court properly convicted defendant based on his guilty plea to weapon possession. After going through four attorneys and bringing pro so motions as well, defendant contends counsel was ineffective for failing to challenge the search warrant that led to the discovery of a loaded handgun at his home, but his claims constituted nothing more than disagreement over strategy. Affirmed.
Court: New York Appellate Divisions, Judge: McShan, Filed On: February 29, 2024, Case #: 109578, Categories: Firearms, Ineffective Assistance, Plea
J. Hillman allows plaintiff to continue claims contending a school district failed to provide a disabled student an appropriate education because whether the disputes will fall to state education agencies remains unclear at this early stage, and no basis exists for the finding that the administrative law judge failed to issue a timely decision.
Court: USDC New Jersey, Judge: Hillman , Filed On: February 29, 2024, Case #: 1:21cv15677, NOS: Education - Civil Rights, Categories: Civil Procedure, Education
J. McFadden finds that the trial court properly ruled in favor of the home building company in a contract action brought by the individual seeking the return of a nonrefundable construction deposit. The assignment agreement between the parties is enforceable. The individual retained the benefit of the property under the contract and therefore cannot repudiate the contract. The deposit was not an unenforceable liquidated damages penalty because the individual's payment of the deposit was not linked to any breach. Affirmed.
Court: Georgia Court of Appeals, Judge: McFadden, Filed On: February 29, 2024, Case #: A23A1206, Categories: Contract
J. Johnson finds that defendant was properly convicted of felony evading arrest or detention in a vehicle. The state penal code does not require proof that defendant "knew the attempted arrest or detention was lawful," despite his argument to the contrary. Though, a precept fee and time payment fee that were erroneously assessed to defendant are deleted. Affirmed as modified.
Court: Texas Courts of Appeals, Judge: Johnson, Filed On: February 29, 2024, Case #: 10-21-00158-CR, Categories: Criminal Procedure, Resisting Arrest, Vehicle
J. Shanker vacates the trial court's refusal to grant defendant, who was convicted of first-degree murder and other offenses when he was 19 and sentenced to life imprisonment, early release under the Incarceration Reduction Amendment Act. The trial court improperly considered the degree to which the "'hallmark features of youth'" played a role in the crime. Vacated.
Court: DC Court of Appeals, Judge: Shanker, Filed On: February 29, 2024, Case #: 22-CO-0650 , Categories: Juvenile Law, Murder, Sentencing
J. Stadtmueller grants the employees' motion for default judgment in their lawsuit against the hospitality company claiming they were not paid minimum wage or overtime while working at the company's hotel. In part because the employees have established the company's liability for their claims under the Fair Labor Standards Act and Wisconsin employment law, and because the company never responded to their lawsuit, default judgment is entered in the employees' favor as to their claims under the Act. One employee is awarded $50,631 in unpaid wages and damages, the other employee is awarded $43,479 in unpaid wages and damages, and they are each ordered to file their claims for attorney fees and costs within 21 days.
Court: USDC Eastern District of Wisconsin, Judge: Stadtmueller, Filed On: February 29, 2024, Case #: 1:23cv1007, NOS: Fair Labor Standards Act - Labor, Categories: Employment, Labor
J. Lagoa certifies to the Florida Supreme Court a question arising from the magistrate judge's decision awarding $1.7 million in damages to the insurance administrator and rejecting the crane distributor's claim that Florida's economic loss rule shielded it from liability in a negligence and unfair trade practices action arising from the collapse of a crane boom. Florida law is unclear as to the economic loss rule's applicability to the case. The Florida Supreme Court should consider whether the rule applies to negligence claims against a product distributor for the failure to alert a product owner of a known danger when the only damages claimed are to the product itself.
Court: 11th Circuit, Judge: Lagoa, Filed On: February 29, 2024, Case #: 22-14104, Categories: Negligence, Product Liability
J. Pohlman finds that the trial court properly applied the emergency aid exception to the Fourth Amendment to deny defendant's motion to suppress murder evidence police found during a warrantless search of his home. Police were acting on an objectively reasonable belief based on circumstantial and visual evidence that an adult and an infant required emergency aid when they entered. And defendant's state constitutional claim that the subjective intent of the police should be scrutinized also fails because police had an objectively reasonable basis to think there was an emergency. Affirmed.
Court: Utah Supreme Court, Judge: Pohlman, Filed On: February 29, 2024, Case #: 20220560, Categories: Murder, Search
J. Bevan finds that the trial court was within its discretion to admit evidence of a misdemeanor theft conviction for its probative value in determining defendant's truthfulness in a domestic battery trial. The evidence was not unfairly prejudicial since it did not suggest defendant had a history of violence, but rather that he was lying about assaulting his girlfriend. Affirmed.
Court: Idaho Supreme Court, Judge: Bevan, Filed On: February 29, 2024, Case #: 50026, Categories: Evidence, Domestic Violence
J. Soto finds a lower court did not err in its handling of a property dispute between two companies. One company raised a number of issues with a temporary injunction from the lower court, which prevented it from foreclosing on a lien and the other company from selling the property, but the company cannot show how the lower court abused its discretion. Affirmed.
Court: Texas Courts of Appeals, Judge: Soto, Filed On: February 29, 2024, Case #: 08-23-00157-CV, Categories: Property, Real Estate
Chancellor McCormick declines to dismiss class shareholder claims challenging the merger of Microsoft and Activision Blizzard, specifically the Activision board's failure to satisfy statutory provisions of Delaware corporate law, because the merger agreement may have been incompletely approved due to the failure to include essential merger material.
Court: Delaware Chancery Court, Judge: McCormick, Filed On: February 29, 2024, Case #: 2022-1001-KSJM, Categories: Civil Procedure, Fiduciary Duty
J. Navarro grants State Farm's motion for summary judgment on it action seeking clarification of its duties to defend and indemnify the law firm and lessor of an airplane hangar pursuant to an insurance policy issued for potential liabilities stemming from a state suit filed by the LLC formed by the law firm's principles against the firm. Firm employees, who were directed to move files and personal vehicles from the hangar, moved the plane owned by the LLC without authorization. The plane was damaged and State Farm rejected the LLC's demand for reimbursement. The firm, through its employees, had exclusive control of the plane when the damage occurred, and the contractual care, custody and control exclusion applies.
Court: USDC Nevada, Judge: Navarro , Filed On: February 29, 2024, Case #: 2:22cv1015, NOS: Insurance - Contract, Categories: Insurance, Premises Liability
J. Hicks denies Union Pacific's motion for summary judgment in this personal injury suit. The laborer was placed on light duty after being injured, though he was asked at one point to remove a tire from a backhoe and take it for repairs. Though Union Pacific says it could not have foreseen that the laborer would execute the work without help, the laborer was never trained on backhoe tire removal. This creates the genuine issue of fact that Union Pacific could have reasonably foreseen a potential injury.
Court: USDC Nevada, Judge: Hicks , Filed On: February 29, 2024, Case #: 3:21cv57, NOS: Federal Employers’ Liability - Torts - Personal Injury, Categories: Tort, Premises Liability, Labor