136 results for 'filedAt:"2024-04-03"'.
J. Moore affirms the defendant's conviction for second-degree assault. The defendant's statements that he planned to beat the victim were sufficient direct evidence to support the contention that he intended to use a wooden board as a weapon, and the likelihood that the board's use would cause death or great bodily harm was enough to support a jury's conclusion that the board was a dangerous weapon. Affirmed.
Court: Minnesota Supreme Court, Judge: Moore, Filed On: April 3, 2024, Case #: A22-0172, Categories: Assault, Weapons
J. Baltodano finds that the trial court properly denied an employer's motion to compel arbitration of an employee's wage and hour claims. The arbitration agreement she signed during her first period of working for the employer did not apply to claims arising from a second and distinct period of employment that started after she negotiated a new offer of employment. Affirmed.
Court: California Courts Of Appeal, Judge: Baltodano, Filed On: April 3, 2024, Case #: B329219, Categories: Arbitration, Employment
J. Floyd finds the Fourth Circuit lacks jurisdiction over the immigration appeal. The Yemen native was a member of the Yemeni Socialist Party, actively fought in Yemen’s civil war in 1994 where he was imprisoned. The U.S. Citizenship and Immigration Services denied his application for asylum status on terrorism grounds. Congress provides that court have no jurisdiction over decisions the authority for which is specified to be in the discretion of the Attorney General.
Court: 4th Circuit, Judge: Floyd, Filed On: April 3, 2024, Case #: 21-2010, Categories: Immigration, Agency, Jurisdiction
J. Willett finds the district court properly ruled in favor of the construction retaining wall manufacturer. The successor to the company that purchases and sells the walls says the manufacturer defrauded the original company by selling certain products to competitors. The successor seller brought its claims after limitations. Once the manufacturer allegedly breached the exclusivity agreement, the seller had an actionable claim. Any subsequent third-party sales would have only added to existing damages. The limitations period began to run upon the initial alleged breach. Affirmed.
Court: 5th Circuit, Judge: Willett, Filed On: April 3, 2024, Case #: 23-50123, Categories: Fraud, Contract
Want access to unlimited case records and advanced research tools? Create your free CasePortal account now. No credit card required to register.
Try CasePortal for Free
J. Artau finds that a father should be granted a writ of prohibition in child custody claims since the judge demonstrated significant bias against the father based on the father's opposition to his minor child's intention to undergo gender transitioning prior to adulthood, as the judge's opinion threatened to interfere with the father's right to make parental decisions.
Court: Florida Courts Of Appeal, Judge: Artau, Filed On: April 3, 2024, Case #: 4D2023-1825, Categories: Family Law, Judiciary
J. Myren finds that the circuit court properly entered conviction after defendant pleaded guilty to second-degree rape. Defendant contends the circuit court improperly denied his motion to withdraw his guilty plea because of his “lack of communication with his trial lawyer.” Defendant affirmed to the circuit court that he voluntarily and knowingly entered the plea agreement without coercion and with a complete understanding of its ramifications and the rights he would be waiving. Affirmed.
Court: South Dakota Supreme Court, Judge: Myren, Filed On: April 3, 2024, Case #: 2024SD17, Categories: Sex Offender, Plea
J. Ortego finds that the workers' compensation judge improperly denied the employer's motion for summary judgment as to an oilfield surveyor's claim after he allegedly contracted Covid-19 on the job. The surveyor did not give evidence that his contracting of Covid-19 "was the result of the particular nature of the work performed." Reversed.
Court: Louisiana Court Of Appeal, Judge: Ortego, Filed On: April 3, 2024, Case #: WCW-23-454, Categories: Employment, Workers' Compensation
J. Perry finds that defendant was properly convicted of murder and possession of a firearm by a convicted felon stemming from the shooting death of a victim who was a paraplegic. Defendant's threatening actions towards the victim before the shooting and other evidence was sufficient to refute his claim that the homicide was justified. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Perry, Filed On: April 3, 2024, Case #: KA-23-554, Categories: Firearms, Murder, Self Defense
J. Conner grants pet retailer Chewy a writ of certiorari after the trial court denied a protective order to prevent deposition of its CEO in claims alleging corporate libel and defamation because evidence does not indicate the CEO possesses personal, unique information pertinent to litigation.
Court: Florida Courts Of Appeal, Judge: Conner, Filed On: April 3, 2024, Case #: 4D2023-2967, Categories: Defamation, Discovery
J. Stiles finds that the trial court properly found that the accused driver did not cause the alleged injuries and damages of the plaintiff driver who sued over an auto accident. The record supports the jury's rejection of the plaintiff driver's claim that the subject accident caused her injuries as opposed to her prior accident from a few days earlier. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Stiles, Filed On: April 3, 2024, Case #: CA-23-700, Categories: Negligence
Per curiam, the appellate division finds that the lower court improperly denied the property owner's motion to dismiss personal injury claims stemming from a trip and fall on a sidewalk. The property abutting the sidewalk where the woman fell was an owner-occupied, residential property, so he cannot be held liable for defects in the sidewalk. Further, he showed that he did not create the uneven condition on the sidewalk. Reversed.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: April 3, 2024, Case #: 01797, Categories: Property, Tort
Per curiam, the appellate division finds that the lower court improperly granted a defendant's motion to dismiss this personal injury suit as untimely. Due to the tolling provision of the executive orders issued during the Covid-19 pandemic, the statute of limitations within which the plaintiff was required to file this action was tolled 228 days. Affirmed.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: April 3, 2024, Case #: 01790, Categories: Civil Procedure, Tort
Per curiam, the appellate division finds that the lower court properly found for the tax commission, upholding the assessments despite the developer's failure to qualify for J-51 benefits. The developer cannot show that the assessments were excessive for failure to receive a partial tax exemption. Affirmed.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: April 3, 2024, Case #: 01816, Categories: Tax
J. Schlegel finds that the trial court properly determined that a decedent's daughter should receive full ownership of a property because the plain and unambiguous language of the decedent's will provides that the daughter "shall" receive full ownership of the property without any condition regarding the value of the home. However, the trial court should not have awarded each legatee a one-third interest in the decedent’s mud boat because the will left all hunting equipment to the son. Affirmed in part.
Court: Louisiana Court Of Appeal, Judge: Schlegel, Filed On: April 3, 2024, Case #: 23-CA-310, Categories: Wills / Probate, Contract
J. Molaison finds that the school board properly awarded a “Sales Tax Collection Services/Hotel Motel Tax Collection Services” contract to a third party and not the plaintiff accounting firm. In this case, the school board was required to comply with the parameters set by "Request For Qualification" process, and the service contract at issue is not subject to the public bid laws. Further, all of the applicants were specifically advised in
advance that there would be no reimbursement for the costs of preparing a proposal. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Molaison, Filed On: April 3, 2024, Case #: 23-CA-397, Categories: Tax, Contract
J. Jenkins vacates the judgment ordering that a father shall no longer communicate with his children's school because that judgment is not a custody judgment but is a permanent injunction. In this case, a trial on the permanent injunction never took place. Further, the trial court failed to implement the correct procedures at an earlier hearing by not holding a full trial on the merits before ruling on a principal dispute. Vacated.
Court: Louisiana Court Of Appeal, Judge: Jenkins, Filed On: April 3, 2024, Case #: 2023-CA-0502, Categories: Civil Procedure, Family Law, Injunction
J. Traynor grants a motion to dismiss a matter stemming from the Dakota Access pipeline protests in which officers used anti-riot and less-than-lethal munitions to disperse a crowd. An individual claims she was struck in the arm by an aerial signaling/warning munition and was later treated at the Hennepin County Medical Center and "incredibly avoided amputation." The court held that the officers are afforded immunity from
her state law claims under North Dakota law.
Court: USDC North Dakota , Judge: Traynor, Filed On: April 3, 2024, Case #: 1:18cv236, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Immunity
J. Cole partially grants a former electronics salesman’s motion to compel his former employer, an electronics retailer, to produce a privilege log. The former electronic salesman claims his employer fired him over his disability and use of FMLA leave, and seeks documents that could corroborate his allegations of discrimination. The court instead asks the parties to confer “in good faith,” and reach a “negotiated result” over discovery within the next two weeks.
Court: USDC Northern District of Illinois, Judge: Cole, Filed On: April 3, 2024, Case #: 1:21cv2639, NOS: Family and Medical Leave Act - Labor, Categories: Ada / Rehabilitation Act, Discovery, Employment Discrimination
J. Fenn finds that the lower court improperly denied a father's motion to intervene in underlying proceedings regarding his son's criminal charges and a potential forfeiture of the bond for which the father had paid. The father claimed in his motion that he was entitled to intervene because he paid the entire amount of the bond. While the merits on his motion to intervene are unclear at this time, the lower court denied it without giving the father proper notice or an opportunity to be heard on his motion to make his case. Reversed.
Court: Wyoming Supreme Court, Judge: Fenn, Filed On: April 3, 2024, Case #: S-23-0136, Categories: Civil Procedure, Forfeiture
J. Kacsmaryk finds that a case in which a mortgage association secured a loan from a bank with Home Equity Conversion Mortgage collateral and then declared that collateral agreement unenforceable, survives the mortgage association’s motion to dismiss. The bank’s claims in this case cannot be eliminated by statutory, regulatory or contractual elements and there is no legal barrier preventing claims of “interference with property rights” under Texas law.
Court: USDC Northern District of Texas , Judge: Kacsmaryk, Filed On: April 3, 2024, Case #: 2:23cv156, NOS: Other Statutory Actions - Other Suits, Categories: Administrative Law, Interference With Contract, Banking / Lending
J. Pagan finds the trial court plainly erred by not instructing the jury that it must find a culpable mental state for the physical injury element of second-degree assault. The given instruction “did not state that a defendant must knowingly engage in assaultive conduct…[and] must be at least criminally negligent with respect to causing injury.” Reversed.
Court: Oregon Court of Appeals, Judge: Pagan, Filed On: April 3, 2024, Case #: A177094, Categories: Assault, Jury Instructions
J. Shorr finds the trial court properly committed an individual. “There was evidence…that appellant was not willing and able to engage in voluntary treatment and that appellant did not meet her burden of proof to prove otherwise.” Affirmed.
Court: Oregon Court of Appeals, Judge: Shorr, Filed On: April 3, 2024, Case #: A178750, Categories: Evidence, Commitment
J. Pagan finds the trial court properly committed an individual. “Appellant’s doctor testified that appellant’s pattern of behavior caused by her psychosis leading up to and once inside the hospital, without intervention and redirection by trained staff, was very likely to result in future violence.” Affirmed.
Court: Oregon Court of Appeals, Judge: Pagan, Filed On: April 3, 2024, Case #: A178625, Categories: Evidence, Commitment
J. Hoyle finds the trial court improperly dismissed the property owners' suit. The association placed a lien on property after an owner failed to make maintenance fee payments. The court found in his favor, declaring deed restrictions had expired. Other owners intervened, saying they are similarly situated. The trial court declined jurisdiction, saying it had made a final judgment. However, the judgment states that “this is a partial summary judgment... [which] does not address any other issue,” which does not render it a final judgment. Reversed.
Court: Texas Courts of Appeals, Judge: Hoyle , Filed On: April 3, 2024, Case #: 12-23-00215-CV, Categories: Debt Collection, Property, Contract