202 results for 'filedAt:"2024-03-06"'.
J. Buller finds that a father was properly ordered to pay child support following a dissolution of marriage because the fact that the parties' daughter had a child and had moved in with the child's 16-year-old father did not terminate the father's obligation, and evidence indicates the daughter had not become self-supporting. Affirmed.
Court: Iowa Court Of Appeals, Judge: Buller, Filed On: March 6, 2024, Case #: 23-0638, Categories: Family Law
J. Langholz finds that a child was properly placed in the mother's physical care following a custody dispute because the father failed to demonstrate the child's defiant behavior constituted a change of circumstances. Affirmed.
Court: Iowa Court Of Appeals, Judge: Langholz, Filed On: March 6, 2024, Case #: 23-0818, Categories: Family Law
J. Schumacher finds that the city was properly held responsible for maintaining a dilapidated cemetery in need of repair because the cemetery fell within city lines and the city was economically capable of providing for its repair. Affirmed.
Court: Iowa Court Of Appeals, Judge: Schumacher, Filed On: March 6, 2024, Case #: 23-1168, Categories: Municipal Law
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J. Schumacher finds that a child was properly removed from her father's care under a child-in-need-of-assistance order since she credibly alleged her father and/or brother had been sexually abusing her. Affirmed.
Court: Iowa Court Of Appeals, Judge: Schumacher, Filed On: March 6, 2024, Case #: 23-1533, Categories: Family Law
J. Schumacher finds that a child was properly removed from her mother in a child-in-need-of-assistance proceeding based on the mother's history of using and selling methamphetamine, which was in the child's system at birth, and because she was inconsistent with and did not engage during visitation. Affirmed.
Court: Iowa Court Of Appeals, Judge: Schumacher, Filed On: March 6, 2024, Case #: 23-1877, Categories: Family Law
J. Tabor finds that a mother's parental rights were properly terminated since she used methamphetamine and allowed her children to be around her boyfriend, a registered sex offender. Affirmed.
Court: Iowa Court Of Appeals, Judge: Tabor, Filed On: March 6, 2024, Case #: 23-2019, Categories: Family Law
J. Chicchelly finds that a child was properly removed from her mother's care after the mother took the child to a bar in the middle of the night while severely intoxicated and allowed her daughter to roam in the street and sleep on a bench while her mother was "singing in the middle of the street" and "dancing provocatively." Affirmed.
Court: Iowa Court Of Appeals, Judge: Chicchelly, Filed On: March 6, 2024, Case #: 23-2095, Categories: Family Law
J. Kennedy finds that discretionary immunity is a jurisdictional bar, not an affirmative defense, to claims brought against the state, including the one filed against Ohio State University by students who lost certain fees when in-person learning was suspended during the Covid-19 pandemic. Therefore, the case must be remanded to the appeals court to determine whether the university is immune from suit for its actions. Reversed.
Court: Ohio Supreme Court, Judge: Kennedy, Filed On: March 6, 2024, Case #: 2024-Ohio-764, Categories: Government, Immunity, Jurisdiction
J. Wright finds the trial court properly convicted defendant for the capital murder of her 18-month-old son. Defendant, wet, as if just having showered, arrived at the outpatient facility with her son in her arms. Employees testified defendant was in distress, telling them her son would not wake up. Injuries were observed on the child's body consistent with abuse, including bruises on the child's face in the shape of the mother's handprint. Rigor also indicated the child had been dead for a period of time. Affirmed.
Court: Texas Courts of Appeals, Judge: Wright , Filed On: March 6, 2024, Case #: 09-21-00255-CR, Categories: Evidence, Murder, Child Victims
J. Wright finds the trial court properly convicted defendant for continuous sexual abuse of a child. The victim testified defendant was in a relationship with her older sister when the victim was 11 or 12 years old. She said defendant eventually began grabbing her breast and touching her vagina, with the behavior escalating to sexual intercourse. She also testified defendant bought her a cell phone in order to facilitate their encounters. The victim then told her friends, who began recording the conversations, eventually playing the recordings for the victim's mother. Ample evidence supports the conviction. All evidence was properly admitted, and no abuse of discretion is found in the court's denial of defendant's motions for mistrial for failure to disclose. Affirmed.
Court: Texas Courts of Appeals, Judge: Wright , Filed On: March 6, 2024, Case #: 09-21-00386-CR, Categories: Evidence, Sex Offender, Child Victims
J. Wright finds the trial court properly convicted defendant for continuous sexual abuse of his 8-year-old daughter and 12-year-old stepdaughter. The girls revealed certain abuse to their mother on the same day one had been caught with drugs, as an explanation for why she was doing drugs. Though defense counsel was admonished for his badgering tone when questioning one of the girls about why she did not reveal she was also abused, and did not rephrase his question, ample evidence and testimony support the conviction. The trial court did not comment on the weight of the evidence or limit defendant's ability to cross-examine. Affirmed.
Court: Texas Courts of Appeals, Judge: Wright , Filed On: March 6, 2024, Case #: 09-23-00049-CR, Categories: Evidence, Sex Offender, Child Victims
J. Urias denies the doctor's motion to dismiss for lack of jurisdiction, ruling that because she owns property and registered her medical license in Maryland, diversity requirements are met and this court has jurisdiction over the estate's medical malpractice claims. Meanwhile, the federal government's motion to dismiss will also be denied to allow for limited discovery on the issue of whether the doctor was an independent contractor that would render her an employee of the U.S.
Court: USDC New Mexico, Judge: Urias, Filed On: March 6, 2024, Case #: 1:22cv188, NOS: Personal Injury - Medical Malpractice - Torts - Personal Injury, Categories: Government, Jurisdiction, Medical Malpractice
J. Cole denies the property seller's motion to dismiss, ruling its assignment of its interests in the property at issue to a third party does not absolve it from liability on all the contract claims brought by the buyer. Specifically, the seller could still be held liable for its failure to deliver an environmental viability certificate following the removal of underground fuel storage tanks.
Court: USDC Southern District of Ohio, Judge: Cole, Filed On: March 6, 2024, Case #: 1:23cv727, NOS: Other Contract - Contract, Categories: Civil Procedure, Contract
J. Chen dismisses AmGuard from a lawsuit seeking payment under a homeowners insurance policy for losses to a Brooklyn residential property due to a fire. The litigant in this case, the mortgagee of record, lacks standing because it transferred the mortgage note to a non-party entity before filing suit. The court further dismisses counterclaims filed by the property’s owners, finding the policyholder failed to return an executed proof of loss form within the required 60-day period, so the insurer was in its right to deny coverage for the losses.
Court: USDC Eastern District of New York, Judge: Chen, Filed On: March 6, 2024, Case #: 1:20cv5990, NOS: Other Contract - Contract, Categories: Insurance, Property
J. Locke enters judgment against a construction materials vendor on an unjust enrichment claim and awards a fencing installer $3.3 million in damages. The court finds enough evidence was presented to prove the supplier significantly overcharged the installer for blades used to cut concrete, in some cases as much as 40 times more than the average price. The court further finds the supplier’s members personally liable for the damages.
Court: USDC Eastern District of New York, Judge: Locke, Filed On: March 6, 2024, Case #: 2:14cv2552, NOS: Other Contract - Contract, Categories: Damages, Contract
J. Schofield partially grants defendants' motion to dismiss claims stemming from its role as a middle-man sourcing a supplier for 100% nitrile gloves during the Covid-19 pandemic. Defendant purportedly conducted a test of the gloves and trusted this supplier, but the buyer's test found that the gloves were a blend and returned the gloves, causing the plaintiff $2 million in losses. The complaint adequately alleges the middle-man committed fraud but this court lacks jurisdiction over non-signatories to the contract.
Court: USDC Southern District of New York, Judge: Schofield, Filed On: March 6, 2024, Case #: 1:23cv3454, NOS: Other Contract - Contract, Categories: Fraud, Business Practices
J. Viramontes finds that the trial court properly rejected an event promoter's claim that the force majeure provision in a booking contract required musical artists to refund deposits they received before the Covid-19 pandemic and related government restrictions forced the event's cancellation. The pandemic and the cancellation met two requirements for a refund under the force majeure provision, but the provision provides an exception where the artists keep the deposits if they were "ready, willing, and able to perform" despite a force majeure event. Affirmed.
Court: California Courts Of Appeal, Judge: Viramontes, Filed On: March 6, 2024, Case #: B323977, Categories: Covid-19, Contract
[Consolidated.] J. Hodges finds that the trial court properly ruled in favor of the stadium and security company with respect to the individual's negligence and vicarious liability claims arising from injuries she suffered in a brawl at a college football game. The individual had a clear choice to approach the fight or not and knew that entering the fight might be dangerous because she had already been knocked down once. However, the trial court improperly ruled in favor of the father and son on the individual's assault and battery claims. The argument made by the father and son as to the individual's assumption of risk is not a valid defense to assault and battery. Reversed.
Court: Georgia Court of Appeals, Judge: Hodges, Filed On: March 6, 2024, Case #: A23A1449, Categories: Negligence, Assault
J. Boulee partially grants the former employee's motion for attorney fees and costs in a disability discrimination and employment retaliation action against the sheriff. The employee is awarded $287,000 in attorney fees. The employee's motion for prejudgment interest on her lost wages and reinstatement is granted in the amount of $8,000. The jury found that the employee would be capable of performing her job duties if reinstated.
Court: USDC Northern District of Georgia, Judge: Boulee, Filed On: March 6, 2024, Case #: 1:20cv186, NOS: Family and Medical Leave Act - Labor, Categories: Ada / Rehabilitation Act, Attorney Fees, Employment Retaliation
J. Bashant declines to dismiss claims brought by the Federal Trade Commission accusing the lead generation company of using a ringless voicemail service to pitch debt relief services to consumers in violation of the Telemarketing Sales Rule (TSR) and the Telemarketing and Consumer Fraud and Abuse Prevention Act. The TSR and Telemarketing Act "contemplated ringless voicemail in their definition of a 'telephone call'" and "the regulatory history of the TSR shows ringless voicemail was included in its scope," so the FTC "is not finding 'new-found powers in old statutes.'"
Court: USDC Southern District of California, Judge: Bashant, Filed On: March 6, 2024, Case #: 3:23cv313, NOS: Other Statutory Actions - Other Suits, Categories: Communications, Fraud
J. Perry finds that the trial court erred in ruling the decedent's wife's personal servitude of habitation in the outdoor kitchen of a residence was terminated because she "was cohabitating with a significant other." The record does not support the finding that the decedent's wife and her boyfriend were living together in the outdoor kitchen based on the limited number of times he stayed over. Reversed in part.
Court: Louisiana Court Of Appeal, Judge: Perry, Filed On: March 6, 2024, Case #: CA-23-344, Categories: Contempt, Property, Water
[Consolidated.] J. Fitzgerald finds that the jury erred in its allocation of fault and the trial court improperly reduced damages awarded in an auto accident case stemming from an incident where a box truck rear-ended a police cruiser, seriously injuring a deputy sheriff. The nonparty background check company was erroneously added to the jury verdict form despite the defendant parties' pre-trial judicial confession as to liability for the crash. The issue in the verdict form led to an incorrect assessment of 200% liability, with the trial court then reducing the $5 million in damages by the 30% assessed to the background check company. Thus, the liability is amended to assign 75% to the truck driver and 25% to his employer, and the damages are restored to $5 million. Reversed in part.
Court: Louisiana Court Of Appeal, Judge: Fitzgerald, Filed On: March 6, 2024, Case #: CA-23-488, Categories: Civil Procedure, Damages, Negligence