169 results for 'filedAt:"2024-03-13"'.
J. Penzalo finds the lower court properly found in favor of a doctor regarding a patient's allegations of discrimination. The patient claimed the doctor was insensitive and accusatory during the initial visit with the doctor which caused her trauma, and that he discriminated against her. The doctor argued that the claim is one of medical malpractice, requiring the patient to first pursue relief via a medical review panel; the lower court agreed and dismissed the patient’s complaint. The instant court finds no error in the lower court’s determination. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Penzato, Filed On: March 13, 2024, Case #: 2023CA0914, Categories: Damages, Jurisdiction, Medical Malpractice
J. Gravois finds that the trial court properly issued a permanent injunction against defendant in favor of plaintiffs after defendant drove to plaintiffs’ home and made verbal threats against their lives. However, the permanent injunction should not have included one of the plaintiffs' sons because the son was not a named party, and they did not seek any injunctive relief in favor of the son. Further, the trial court should not have found defendant in contempt of court because she did not have notice of this claim. Affirmed in part.
Court: Louisiana Court Of Appeal, Judge: Gravois, Filed On: March 13, 2024, Case #: 23-CA-213, Categories: Civil Procedure, Contempt
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J. Windhorst finds that the trial court properly denied the Department of Transportation's second motion for leave to file an amended answer and affirmative defenses on a driver's claim for damages arising from a Department employee rear-ending her vehicle. The department's claim to amend its answer to assert statutory immunity was made over four years into the litigation. The record shows that the driver would be unduly prejudiced by allowing the department to amend their answer and assert an immunity defense at this point in the litigation. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Windhorst, Filed On: March 13, 2024, Case #: 23-C-588, Categories: Immunity, Negligence
J. Fowlkes grants the city's dismissal motion pursuant to Rule 12(b)(6) in this lawsuit brought by the president of a towing company alleging that the city violated his constitutional rights and committed various torts against him based on an incident involving a city police officer. The tow company executive fails to cite "a custom or policy" behind the alleged Section 1983 violation. Also, the city is immune from suit for the tort claims.
Court: USDC Western District of Tennessee , Judge: Fowlkes, Filed On: March 13, 2024, Case #: 2:23cv2102, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Tort, Immunity
J. Kennedy finds that the lower court properly ordered the appellant to be civilly committed pursuant to Texas Health and Safety Code Chapter 841, after a jury found the appellant to be a "sexually violent predator." Contrary to the appellant's argument, the evidence sufficiently supports the jury's determination and the judgment. At trial, a psychologist testified that the appellant has "a behavioral abnormality," and there was no evidence to refute her evaluation. Affirmed.
Court: Texas Courts of Appeals, Judge: Kennedy, Filed On: March 13, 2024, Case #: 05-23-00334-CV, Categories: Evidence, Commitment
J. Chun dismisses with prejudice the consumers' second amended complaint accusing Amazon of putting products by sellers who purchased Amazon fulfillment services higher in searches and featuring them in its "Buy Box" more often than sellers that did not purchase the fulfillment services. The consumers allege that Amazon injured them with anti-competitive behavior because the consumers paid higher prices for products through Amazon's marketplace, but the consumers do not allege that they paid more for their Amazon Prime membership or that they paid more for shipping, so they do not allege that they suffered anti-trust injury in the shipping market.
Court: USDC Western District of Washington, Judge: Chun, Filed On: March 13, 2024, Case #: 2:21cv996, NOS: Antitrust - Other Suits, Categories: Antitrust
J. Thrash partially grants the bar patron's motion to amend a battery, assault, malicious prosecution and civil rights action against the county and police officers arising after officers who worked security at a bar allegedly pushed him down a staircase, slammed him to the ground and broke his neck. Two companies are dropped as defendants in the action. The officers failed to show that the patron should not be allowed to modify factual allegations which do not contradict those in the original complaint. The patron's motion to amend is denied as to the removal of references to a security video which appear in the original complaint.
Court: USDC Northern District of Georgia, Judge: Thrash, Filed On: March 13, 2024, Case #: 1:22cv883, NOS: Other Civil Rights - Civil Rights, Categories: Malicious Prosecution, Assault
J. Schiltz largely grants the city and its law enforcement officials' motion to dismiss the Black motorists and residents' suit alleging that police improperly took their white neighbors' side in an ongoing campaign of racial harassment, particularly in an incident wherein one of the neighbors cut the Black motorist off in traffic, sounded his horn and repeatedly called him by racial slurs and threatened him with violence while following him around town, then fled police when they arrived only for the police to arrest the Black motorist. Claims against the arresting officer survive, since the motorist has adequately identified a similarly situated comparator of a different race, namely the neighbor. They have not, however, adequately alleged that the city and its officials had sufficient roles in the neighbors' harassment campaign to establish continuing violations and therefore extend the limitations period for the individual incidents they allege. A claim against the neighbor also survives.
Court: USDC Minnesota, Judge: Schiltz, Filed On: March 13, 2024, Case #: 0:23cv1758, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Police Misconduct
J. McKeig affirms the defendant's conviction for knowingly permitting a minor to ingest methamphetamine. The state provided sufficient evidence, including the defendant's relationship with the child's host family and regular contact with the child and her friend, both 14, to make the hypothesis that the defendant knew the children were under 18 the only rational one. Affirmed.
Court: Minnesota Supreme Court, Judge: McKeig, Filed On: March 13, 2024, Case #: A22-0200, Categories: Drug Offender, Evidence, Child Victims
J. Moore affirms the district court's grant of a new trial to the father convicted of two counts of second-degree felony murder for the death of his son. The State mistakenly presented false expert testimony about a medical fact that its own expert later stated could not be true, namely that macular schisis is exclusively caused by abusive head trauma, and the district court properly applied a test for false or recanted testimony. The defendant also met his burden under that test by demonstrating that the testimony was false, that the jury might have reached a different conclusion without it and that he was surprised by the false testimony. Affirmed.
Court: Minnesota Supreme Court, Judge: Moore, Filed On: March 13, 2024, Case #: A22-0749, Categories: Murder, Experts, Child Victims
J. Hudson adopts in part the Minnesota Board of Law Examiners' recommendations regarding the Minnesota bar examination, and directs an Implementation Committee to "further explore a supervised practice-based pathway for assessment."
Court: Minnesota Supreme Court, Judge: Hudson, Filed On: March 13, 2024, Case #: ADM10-8008, Categories: Administrative Law
J. Seabright partially denies summary judgment to the university in a dispute with its women’s softball head coach, who claims the school refused to pay her the full salary for head coaches, despite paying male coaches more. The coach established that she and the male coaches, including her predecessor, were similarly experienced and were classified as part-time, just as she was, despite the university claiming her lower pay was based on the job status. The coach’s retaliation claims, however, meet the burden for summary judgment as there is no evidence that she suffered negative consequences for reported the pay gap, as was even promoted to head coach after the initial complaints.
Court: USDC Hawaii, Judge: Seabright, Filed On: March 13, 2024, Case #: 1:22cv400, NOS: Employment - Civil Rights, Categories: Education, Evidence, Employment Discrimination
Per curiam, the appellate division finds that Thomas F. Liotti shall be suspended from the practice of law in New York for six months based on his improper comments to his client's children in a family law suit, which were made without their lawyer present. Further, the attorney made numerous disparaging statements of the children's attorney and the judge in his disqualification hearing that led him to be charged with engaging in discourteous conduct.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: March 13, 2024, Case #: 01310, Categories: Attorney Discipline
Per curiam, the appellate division finds that Richard P. Liebowitz shall be disbarred as reciprocal discipline for his suspension in the Southern District of New York based on his considerable pattern and practice of failing to comply with court orders and making false statements to the court.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: March 13, 2024, Case #: 01309, Categories: Attorney Discipline
J. Barnes finds that the trial court properly ruled in favor of the individual in a breach of contract and conversion action against the business's majority owners. The action arose after the owners refused the individual's attempt to rescind a contract to buy an ownership interest in the business. The trial court correctly awarded the individual money damages against the owners instead of the business. However, the trial court incorrectly ruled in favor of the individual on his claim for attorney fees. Only a jury can find liability and award attorney fees under the statute. Affirmed in part.
Court: Georgia Court of Appeals, Judge: Barnes, Filed On: March 13, 2024, Case #: A23A1705, Categories: Attorney Fees, Contract
Per curiam, the circuit grants the commissioner of internal revenue dismissal of an appeal from a finding that defendant untimely requested reconsideration of a notice on back taxes. According to the plain language of the governing statute, appellate jurisdiction is lacking on "small tax" cases when the owed amount is less than $50,000.
Court: 2nd Circuit, Judge: Per curiam, Filed On: March 13, 2024, Case #: 23-1296, Categories: Tax, Jurisdiction
J. Casper partially denies motions to dismiss brought forth by insurance companies against a representative of an estate suing them after her husband, the decedent, was killed due to injuries from a workplace accident and the insurance companies denied the representative’s request for coverage at their full policy limits. The statute of limitations isn’t based on when it became clear to the representative that the insurance companies were liable, but rather upon the insurance companies’ failure to respond to the representative’s settlement demands.
Court: USDC Massachusetts, Judge: Casper, Filed On: March 13, 2024, Case #: 1:23cv11594, NOS: Insurance - Contract, Categories: Insurance, Wrongful Death, Premises Liability
[Consolidated.] J. Jacobs finds that the district court properly held that dismissal of federal class investment fraud claims did not require exercising supplemental jurisdiction over analogous state class claims, as the existence of subject-matter jurisdiction did not require invoking such, especially when the request was time-barred. Affirmed.
Court: 2nd Circuit, Judge: Jacobs, Filed On: March 13, 2024, Case #: 21-2603-cv (L), Categories: Civil Procedure, Fraud, Jurisdiction
Per curiam, the appellate division finds that the lower court properly awarded the homeowner's association $593,000 after the state appropriated a strip of its land to add a traffic lane to a state highway. The homeowner's association is not entitled to consequential damages caused by increased traffic noise arising from the taking because there is no evidence of a significant increase in noise after the state constructed sound barriers around the lane addition. Affirmed.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: March 13, 2024, Case #: 01294, Categories: Property, Damages
J. Haikala denies a subdivision developer’s motion for summary judgment in this construction dispute against a home builder for construction defects, being unlicensed and not paying subcontractors. The parties entered into a contract for the construction company to take over the project in a new subdivision. The subdivision developer failed to show that the builder’s non-licensure at the time the agreement was finalized keeps it from winning its counterclaims.
Court: USDC Northern District of Alabama , Judge: Haikala, Filed On: March 13, 2024, Case #: 5:22cv779, NOS: Other Contract - Contract, Categories: Licensing, Contract
J. Birkett finds that the lower court properly convicted defendant of criminal sexual assault of his stepdaughter. Defendant cannot blame the trial court for his counsel's decision not to play the victim's full interview for the jury when he had the opportunity to do so. Further, it was a reasonable trial strategy not to present this evidence to the jury because it might have generated additional sympathy for her in the eyes of the jury. Affirmed.
Court: Illinois Appellate Court, Judge: Per curiam, Filed On: March 13, 2024, Case #: 230125, Categories: Evidence, Sex Offender