153 results for 'filedAt:"2024-03-01"'.
J. Long grants requests by two wholesale and retail car sales businesses to seal records because of unspecified information in a contract suit. The heavily redacted ruling indicates the widow of the founder of one business sued the other business on behalf of herself and their minor children for failure to pay $1.6 million required by an agreement. The resulting financial pressure allegedly caused the business founder to take his own life in 2022.
Court: USDC Eastern District of Louisiana , Judge: Long, Filed On: March 1, 2024, Case #: 2:23cv1885, NOS: Insurance - Contract, Categories: Jury, Business Practices, Covid-19
J. Heavican finds the district court improperly refused to consider defendant's motion for a deferred sentence. While being treated for post-traumatic stress disorder with schizophrenic symptoms resulting from a brain injury incurred during a military deployment, defendant was convicted by guilty plea for operation of a motor vehicle to avoid arrest. The district court erroneously concluded it did not have jurisdiction due to its conclusion that a cited statute involving a right to deferred judgment of conviction is unconstitutional. Reversed.
Court: Nebraska Supreme Court, Judge: Heavican , Filed On: March 1, 2024, Case #: S-23-038, Categories: Probation, Escape, Vehicle
J. Epley finds the lower court properly denied the father's motion to hold the mother in contempt. Although there were at least 16 days of missed parenting time, these days occurred after the child started kindergarten, which was noted as the expiration of the father's parenting time in the parties' shared parenting agreement. Additionally, the father's failure to answer several FaceTime calls was the only reason he missed the court-ordered communications, and because the majority of the child's absences from school were excused, there was no change in circumstances that warranted an alteration of the parenting agreement. Affirmed.
Court: Ohio Court Of Appeals, Judge: Epley, Filed On: March 1, 2024, Case #: 2024-Ohio-755, Categories: Contempt, Evidence, Family Law
J. Westbrook finds the lower court erroneously granted the property owner's motion for summary judgment on adverse possession claims brought by the neighbors. Genuine issues of material fact existed regarding whether the neighbors could establish the 15-year period of exclusive use necessary to prove their claims. The neighbors used the piece of land at issue exclusively for eight years, but because the previous owners had used it since 1961, they could prove all necessary elements of adverse possession if privity existed between the sets of owners. Therefore, the case must be remanded to allow the neighbors to provide proof there was an implied conveyance of the land when they acquired it. Reversed.
Court: Connecticut Court Of Appeals, Judge: Westbrook, Filed On: March 1, 2024, Case #: AC45508, Categories: Property, Real Estate
J. Clark finds the trial court lacked jurisdiction over the construction company's request for a prejudgment remedy because the application was based on vexatious litigation claims assigned by another company that fall under a category of tort claim that cannot be assigned from one party to another. Therefore, the judgment made by the lower court will be vacated and the case will be dismissed. Reversed.
Court: Connecticut Court Of Appeals, Judge: Clark, Filed On: March 1, 2024, Case #: AC45845, Categories: Civil Procedure, Tort
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J. Seeley finds the lower court properly determined the log created by the town employee regarding allegations of misconduct against the former chief of police was a public document subject to disclosure following a Freedom of Information Act request. The conduct of the chief, which led to administrative leave and his eventual retirement, is undoubtedly a matter of public concern and was received by a public agency when the employee transferred it to the city manager. Additionally, even though the log was given to the town attorney to formulate a plan regarding the chief of police, it was created as a series of personal observations and not for seeking legal advice. Therefore, the lower court properly determined it was not protected by attorney-client privilege. Affirmed.
Court: Connecticut Court Of Appeals, Judge: Seeley, Filed On: March 1, 2024, Case #: AC45885, Categories: Government, Public Record, Privilege
J. Wood adopts the magistrate judge's recommendation and grants the healthcare provider's and doctor's motion to dismiss the couple's medical malpractice action as a sanction for fabricating evidence. The action arose from injuries the husband allegedly suffered after a doctor left gauze inside his nasal cavity following a septoplasty. The couple's objections to the magistrate judge's findings, including that a cell phone video taken by the husband showing bloody materials in a basin after his doctor's appointment was fabricated, are overruled. The couple "abused the judicial process and committed a fraud upon the court" by staging the video with fake, bloody items and submitting it to the provider and doctor during discovery as a "centerpiece" of their case. The provider and doctor proved the husband did not record the video in a specific exam room.
Court: USDC Southern District of Georgia, Judge: Wood, Filed On: March 1, 2024, Case #: 2:21cv21, NOS: Personal Injury - Medical Malpractice - Torts - Personal Injury, Categories: Sanctions, Medical Malpractice
J. Smith grants the users of an online academic research tool's petition for a writ of mandamus. The underlying suit alleges the Commodities Futures Trading Commission's department of marketing oversight acted capriciously in finding the research tool not in compliance with directives. The district court improperly transferred their suit to the District Court for the District of Columbia due to court congestion, which is a clear abuse of discretion.
Court: 5th Circuit, Judge: Smith , Filed On: March 1, 2024, Case #: 24-50079, Categories: Commerce, Venue, Technology
[Consolidated.] J. Eckerle finds that claims should be dismissed in contending the legislative research commission violated the state constitution by challenging house bill 334, which terminated the unexpired terms of current members and altered the composition of the executive branch ethics commission, as the legislative research commission was entitled to immunity. Reversed.
Court: Kentucky Court Of Appeals, Judge: Eckerle, Filed On: March 1, 2024, Case #: 2022-CA-0837-MR, Categories: Constitution, Government, Immunity
J. Taranto finds that the court of federal claims properly ruled in claims brought by involuntarily retired members of the Coast Guard because their involuntary retirements were not part of a reduction in force and thus were unlawful. Affirmed.
Court: Federal Circuit, Judge: Taranto, Filed On: March 1, 2024, Case #: 3/1/24, Categories: Employment, Military
[Consolidated.] J. Edwards denies a company's petition for review of the National Labor Relations Board's finding of unfair labor practices. There is sufficient evidence the company delayed bargaining with the union for three months after the start of the certification year, refused to consider the union's proposals and refused to provide information to the union, among other things.
Court: DC Circuit, Judge: Edwards, Filed On: March 1, 2024, Case #: 22-1287 , Categories: Employment, Labor / Unions
J. Miller finds that the trial court improperly awarded $492,945 to the former university football coach who sued after he was terminated for violating NCAA recruiting rules when he visited with a prospect in person during a Covid-19 "dead period" and gave the student LSU gear. There was no requirement in the employment agreement that a final decision by the NCAA was a prerequisite for finding cause existed for the coach's termination. Reversed.
Court: Louisiana Court Of Appeal, Judge: Miller, Filed On: March 1, 2024, Case #: 2023CA0127, Categories: Education, Employment, Covid-19
J. Molloy finds in favor of an insurance company in a dispute as to whether the company must pay for damages stemming from the construction of a floor pool on a property that caused soil erosion damage to the nearby area. There are several policy exclusions in the relevant agreement with the insurance company that bar coverage of the damages, and the company is not required to issue any payments under the policy as a result.
Court: USDC Montana, Judge: Molloy, Filed On: March 1, 2024, Case #: 9:22cv193, NOS: Insurance - Contract, Categories: Insurance
J. Richardson partially grants the defendant medical college's motion for summary judgment in this suit brought by a former student asserting violations of the Americans with Disabilities Act, breach of contract and negligent misrepresentation. The college is entitled to summary judgment on the student's negligent misrepresentation claim and his "failure-to-accommodate claim to the extent that that claim is based on anything other than a failure to allow a fourth attempt at the Step 1 exam."
Court: USDC Middle District of Tennessee , Judge: Richardson, Filed On: March 1, 2024, Case #: 3:20cv624, NOS: Housing/Accommodations - Civil Rights, Categories: Ada / Rehabilitation Act, Education
J. Miller finds that the trial court properly ruled in favor of the amusement park in a negligence action brought by the guest arising from injuries she suffered while exiting a ride. The trial court did not commit any error in excluding portions of the guest's affidavit testimony. The trial court was clear enough in denoting which portions of the guest's affidavit testimony contradicted her deposition testimony. The contradictions included the guest's recollections as to how many park employees were at the ride and whether the ride basket rose as she exited. The guest failed to offer an explanation for the contradictory testimony. Affirmed.
Court: Georgia Court of Appeals, Judge: Miller, Filed On: March 1, 2024, Case #: A23A1431, Categories: Negligence
J. Gobeil finds that the trial court improperly granted the application by the affiliated company's former CEO to inspect the company's corporate books and incorrectly ordered the company to pay costs. The trial court ruled on the ex-CEO's application before giving the company a reasonable opportunity to prepare and present defenses against the application. Vacated.
Court: Georgia Court of Appeals, Judge: Gobeil, Filed On: March 1, 2024, Case #: A23A1726, Categories: Civil Procedure
Per curiam, the Ninth Circuit orders that a matter be reheard. The previous three-judge panel opinion is vacated. The matter involves an alleged fraudulent effort to elicit the donation of tithing funds from church members in which the church repeatedly and publicly lied about the intended use of those funds, promising that they would be used for purely non-commercial purposes consistent with the church's stated priorities, to fund missionary work, member indoctrination, temple work, and other educational and charitable activities.
Court: 9th Circuit, Judge: Per curiam, Filed On: March 1, 2024, Case #: 21-56056, Categories: Fraud
J. Hiramoto finds that the trial court properly denied defendant's ineffective assistance claim that counsel should have requested a mental health diversion prior to his no contest plea to carrying a concealed dirk or dagger. He failed to provide a probable cause statement as required for claims about pretrial mental health diversions. Affirmed.
Court: California Courts Of Appeal, Judge: Hiramoto, Filed On: March 1, 2024, Case #: A165379, Categories: Ineffective Assistance, Weapons, Plea
J. Brown rules in favor of the officials in a civil rights and malicious prosecution action brought by the former social worker after she was arrested and lost her job for purportedly passing contraband to an inmate. The charges against the social worker were eventually dismissed. The special agent's motion to dismiss is granted only with respect to the social worker's illegal search claim. A reasonable jury could find that the agent intentionally made misstatements and omissions in the arrest warrant affidavit with respect to the contraband found in the inmate's cell and what was captured on a video of the social worker and the inmate. The agent is therefore not entitled to qualified immunity from the malicious prosecution claim.
Court: USDC Northern District of Georgia, Judge: Brown, Filed On: March 1, 2024, Case #: 1:21cv1992, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Malicious Prosecution
J. Terrell finds that defendant was properly convicted and sentenced for assault. Although the trial court may have errored in allowing the victim to testify that defendant had strangled her on 10 prior occasions, the error was harmless because the jury acquitted defendant of both strangulation-specific offenses. Also, seven text messages were properly admitted as evidence because they were relevant. However,
the presentence report inaccurately describes defendant’s criminal conduct and must be fixed. Affirmed in part.
Court: Alaska Court Of Appeals, Judge: Terrell, Filed On: March 1, 2024, Case #: A-13627, Categories: Sentencing, Assault, Witnesses