174 results for 'filedAt:"2024-03-07"'.
J. Clark finds that the lower court properly dismissed unjust enrichment claims brought against a village in a long-running dispute over the construction and lease of a water tower and related underground infrastructure because the developer's contention that the village had been using the system without permission or payment was barred by prior similar and fully litigated actions. Affirmed.
Court: New York Appellate Divisions, Judge: Clark, Filed On: March 7, 2024, Case #: CV-23-0452, Categories: Conversion, Contract
J. Tharp partially grants both Ledo pizza parties’ motions for summary judgment on their combined half dozen competing trademark claims for the “Ledo” mark. The court precisely slices these complex competing claims, including abandonment and allegedly void trademark registrations, in a manner more thoroughly laid out in the opinion itself.
Court: USDC Northern District of Illinois, Judge: Tharp, Filed On: March 7, 2024, Case #: 1:20cv7350, NOS: Trademark - Property Rights, Categories: Trademark
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J. Oliver holds that the trial court conducted its three-step alimony analysis in the wrong order, and ended up awarding more than double the needed monthly amount. On remand, it must consider the parties' needs and their marital standard of living as the first step in the three-part analysis, followed by a determination of the receiving spouse's needs and income and then of the payor's needs and income. Vacated.
Court: Utah Court Of Appeals, Judge: Oliver, Filed On: March 7, 2024, Case #: 20220697-CA, Categories: Family Law
J. Orme finds that the jury had sufficient evidence to infer that defendant was reckless enough about the victim's lack of consent to support a conviction for aggravated sexual assault. Counsel's decision not to have defendant's girlfriend corroborate his story was not the best practice but it was not objectively unreasonable enough for an ineffective assistance claim. Affirmed.
Court: Utah Court Of Appeals, Judge: Orme, Filed On: March 7, 2024, Case #: 20200720-CA, Categories: Evidence, Ineffective Assistance, Sex Offender
J. Crothers finds that the district court properly affirmed a North Dakota Department of Transportation hearing officer’s decision to suspend defendant's driving privileges for 180 days after police arrested defendant for driving under the influence. Affirmed.
Court: North Dakota Supreme Court, Judge: Crothers , Filed On: March 7, 2024, Case #: 2024ND37, Categories: Dui
J. Tufte finds that the juvenile court improperly terminated parental rights. The father argues that termination was not supported by sufficient evidence. The juvenile court's findings are not supported by evidence in the record. Reversed.
Court: North Dakota Supreme Court, Judge: Tufte , Filed On: March 7, 2024, Case #: 2024ND43, Categories: Evidence, Family Law
J. Bahr finds that the district court properly dismissed a complaint requesting the district court order a company to provide an investor with certain information after the company solicited bids for a project that involved drilling two groundwater monitoring wells as part of a carbon dioxide capture project. The lower court properly entered attorney fees in favor of the company. Affirmed.
Court: North Dakota Supreme Court, Judge: Bahr , Filed On: March 7, 2024, Case #: 2024ND44, Categories: Environment, Public Record
Per curiam, the appellate division finds that attorney Amante Albano Pimentel may be reinstated from his September 2009 suspension for failing to meet registration requirements because he demonstrated that he complied with the suspension and possesses the requisite character to practice law.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: March 7, 2024, Case #: PM-29-24, Categories: Attorney Discipline
Per curiam, the appellate division finds that attorney Daniel Donahue may be reinstated from his September 2009 suspension for failing to meet registration requirements after demonstrating that he complied with the suspension order and that he possesses the requisite character to practice law.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: March 7, 2024, Case #: PM-30-24, Categories: Attorney Discipline
Per curiam, the appellate division finds that the lower court properly convicted defendant based on her guilty plea to selling drugs in a multi-county heroin trafficking ring. Defendant contends her sentence was harsh in light of her limited criminal history and that she had been abused by the criminal ringleader, her boyfriend, but she had been heard on wiretaps selling heroin to other dealers and users and she permitted loaded guns and drug-packaging paraphernalia in her home. Affirmed.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: March 7, 2024, Case #: 112546, Categories: Drug Offender, Sentencing
Per curiam, the appellate division finds that an inmate was properly found guilty of violating prison rules by accepting a razor-type weapon and flushing it down his toilet as guards broke up a fight between two other inmates because video and documentary evidence supported the finding even though the weapon had not been recovered. However, evidence did not support the charge of unauthorized exchange, which must be annulled. Affirmed in part.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: March 7, 2024, Case #: CV-23-0202, Categories: Weapons, Prisoners' Rights
J. Mosman grants the government's motion to dismiss the Lawyers for Fair Reciprocal Admission's First Amendment claims against the government concerning bar admission restrictions. The government sufficiently showed in court that the bar admission rules do not prohibit attorneys from their right of free association, and that the court lacks subject matter jurisdiction.
Court: USDC Arizona, Judge: Mosman, Filed On: March 7, 2024, Case #: 2:22cv1221, NOS: Other Civil Rights - Civil Rights, Categories: Constitution, Jurisdiction
J. Geraci allows a housekeeper to continue certain claims contending a senior living company fired her after she complained that she had not been paid on a weekly basis and that she had been wrongfully accused of sleeping on the job. The complaint plausibly alleged state law provides the right to weekly wages and that the housekeeper had been terminated the day the company was served a complaint. However, no private right of action exists under certain cited laws.
Court: USDC Western District of New York, Judge: Geraci , Filed On: March 7, 2024, Case #: 6:23cv6227, NOS: Other Labor Litigation - Labor, Categories: Employment, Employment Retaliation
J. Wolford dismisses most counts in claims challenging the decision to allow a teacher to return to middle school after he asked an eighth-grader who had called something "gay" during class, "How would you like it if I called you a nigger?" Liability had not been asserted against the village, town, or city, and evidence did not indicate the teacher's comments were part of a wider pattern of misconduct. Meanwhile, the student failed to address the school district's opposition to due process claims.
Court: USDC Western District of New York, Judge: Wolford , Filed On: March 7, 2024, Case #: 6:22cv6567, NOS: Education - Civil Rights, Categories: Education, Negligence, Due Process
J. McShan finds that the lower court improperly dismissed the environmental groups' challenge to the approval of a plan transferring ownership of a gas-fired cogeneration plant to a company seeking to power a cryptocurrency mining operation. The groups have standing since they demonstrated that members who live near the plant come from "disadvantaged communities" cited in climate legislation aimed toward protecting them from harmful emissions. Meanwhile , completion of the transfer and associated construction did not moot the challenge by ending the controversy. Reversed.
Court: New York Appellate Divisions, Judge: McShan, Filed On: March 7, 2024, Case #: CV-23-0689, Categories: Civil Procedure, Energy, Environment
J. Pedersen finds that the lower court properly ruled in this dispute over real property, "confirming appellants as the rightful owners of the property," subject to an award for the appellees as "good faith improvers." There was sufficient evidence to show the improvements made, and there was no error in the decision that the appellees "should be reimbursed for all of the improvements made to the property." Affirmed.
Court: Texas Courts of Appeals, Judge: Pedersen, Filed On: March 7, 2024, Case #: 05-22-01323-CV, Categories: Evidence, Real Estate
J. Gonzalez dismisses with prejudice a transit workers union from an Metropolitan Transit Authority bus driver’s employment discrimination and fair representation complaint, finding the union’s decision recommending his termination following several incidences of workplace misconduct was not done in bad faith or motivated by his race, sexual orientation or disability.
Court: USDC Eastern District of New York, Judge: Gonzalez, Filed On: March 7, 2024, Case #: 1:23cv775, NOS: Employment - Civil Rights, Categories: Civil Rights, Employment Discrimination, Labor / Unions
[Consolidated.] J. Doyle finds that the trial court improperly refused to rule in favor of the insurer in an action against the insured seeking a declaratory judgment that policies it issued to the insured did not cover liability for injuries suffered by the employee at a job site. The employee's injury arose out of his employment with the insured because he was sitting in his car about to leave a job site for lunch when he was hit by a logging skidder driven by his supervisor. Any liability was precluded by the policy language excluding coverage for workplace injuries already covered by the Workers' Compensation Act. Reversed.
Court: Georgia Court of Appeals, Judge: Doyle, Filed On: March 7, 2024, Case #: A23A1263, Categories: Insurance, Workers' Compensation
J. Guaderrama dismisses an ADA lawsuit brought by a citizen against a food bank over its requirement that he wear a mask at the food bank because that requirement is no longer in place and therefore, as the citizen concedes, his claim his moot.
Court: USDC Western District of Texas , Judge: Guaderrama, Filed On: March 7, 2024, Case #: 3:21cv55, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Ada / Rehabilitation Act, Covid-19
J. Doss finds that the lower court properly terminated the mother's parental rights to her daughter. The evidence sufficiently supports the lower court's best interest finding. The record indicates a history of drug use by the mother. Also, the child "struggles with adjustment after spending time with Mother," and the evidence shows the child is doing well with her foster family. Affirmed.
Court: Texas Courts of Appeals, Judge: Doss, Filed On: March 7, 2024, Case #: 07-23-00417-CV, Categories: Evidence, Family Law