151 results for 'filedAt:"2024-04-04"'.
J. O'Brien finds that the lower court properly convicted defendant of Class X predatory criminal sexual assault of a child. The two charges on which he was convicted do not contain identical elements because a person can commit aggravated sexual assault of a child without also committing the offense of predatory criminal sexual assault of a child. Affirmed.
Court: Illinois Supreme Court, Judge: O'Brien, Filed On: April 4, 2024, Case #: 129425, Categories: Sentencing, Sex Offender, Child Victims
J. Tufte vacates a district court’s order directing the Department of Health and Human Services to conduct a pre-plea risk assessment and the order holding the department and an individual in contempt in a matter criminal case in which district court issued an order directing the individual to appear personally and show cause why she should not be held in contempt for not completing a risk assessment.
Court: North Dakota Supreme Court, Judge: Tufte, Filed On: April 4, 2024, Case #: 2024ND54, Categories: Contempt
J. Crothers finds that the district court properly revoked defendant's probation and resentenced him to 36 months of incarceration. Defendant claims that the court imposed an illegal sentence after it revoked his probation because the new sentence is longer than his original sentence. Affirmed.
Court: North Dakota Supreme Court, Judge: Crothers, Filed On: April 4, 2024, Case #: 2024ND55, Categories: Probation, Sentencing
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Per curiam, the appellate division finds that the lower court properly granted Viacom's motion to dismiss a securities class action, but denied the underwriters' motion to dismiss the same claims. A reasonable investor could find it relevant that the underwriters planned to sell their own holdings of Viacom, while Viacom was offering $3 billion of equities. Investors have adequately alleged that the underwriters did not implement any information barrier between their underwriting and brokerage departments that would have prevented the improper trading on insider information. Affirmed.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: April 4, 2024, Case #: 01866, Categories: Fraud, Securities, Class Action
J. Egan finds that the lower court properly dismissed a father's request to modify a visitation order after he was sent to prison based on his guilty plea to various counts relating to the sexual abuse and exploitation of a child. The father agreed that in-person visitation was not in his daughter's best interests, but his request for telephone or written contact indicated his failure to recognize the impact his sex offenses might have had on the then-teenager, since his victim was her age and had been an acquaintance. Affirmed.
Court: New York Appellate Divisions, Judge: Egan, Filed On: April 4, 2024, Case #: 536151, Categories: Family Law
J. Powers finds that the workers' compensation board improperly declined to review a decision entered in claims contending plaintiff sustained an occupational disease of job-related hearing loss from handling asbestos because the action must be remitted a second time to address why a copy of audiogram test results from an independent medical examiner was not in plaintiff's file, which provided the basis for the benefits award. Reversed.
Court: New York Appellate Divisions, Judge: Powers, Filed On: April 4, 2024, Case #: 536164, Categories: Civil Procedure, Workers' Compensation
J. Garry finds that a city police officer was improperly denied performance of duty and accidental disability retirement benefits under the state and local retirement system because an "accident" occurred when a rolling chair was slammed into the back of his chair at work, and the resulting anxiety and post-traumatic stress permanently incapacitated him from taking on light-duty assignments since working there triggered a psychological reaction. Reversed.
Court: New York Appellate Divisions, Judge: Garry, Filed On: April 4, 2024, Case #: CV-23-0235, Categories: Employment, Social Security
J. Jensen finds that the district court properly denied a husband's motion to compel discovery and finds a wife in contempt in divorce proceedings. However, the matter is remanded for findings on the best interest factors concerning the parties' children and reconsideration of the appropriate remedy in light of the court’s findings on those factors. Affirmed in part.
Court: North Dakota Supreme Court, Judge: Jensen , Filed On: April 4, 2024, Case #: 2024ND62, Categories: Contempt, Family Law
J. Jensen finds that the district court properly entered conviction after a jury verdict finding defendant guilty of gross sexual imposition, sexual contact with a victim unaware, and gross sexual imposition sexual, an act with the victim unaware. Sufficient evidence supported conviction. Affirmed.
Court: North Dakota Supreme Court, Judge: Jensen , Filed On: April 4, 2024, Case #: 2024ND64, Categories: Evidence, Sex Offender
J. Ledet finds that the trial court should not have denied an employee's exception of no cause of action on a claimant's allegation that she was injured by the employee. In this case, the claimant is judicially estopped from recovering damages because she filed a voluntary petition for Chapter 13 bankruptcy in the United States Bankruptcy Court and did not disclose any pending or potential lawsuits, including the instant matter. Reversed.
Court: Louisiana Court Of Appeal, Judge: Ledet, Filed On: April 4, 2024, Case #: 2024-C-0126, Categories: Bankruptcy, Civil Procedure
J. Walton grants the music festival operators' motion for a preliminary injunction preventing continued organization of live music events under the name "Moechella" in and around Washington D.C. The festival operators have shown that they have valid trademarks for "Coachella," "Chella" and other related marks, that the use of "Moechella" is likely to cause confusion, and that they are likely to suffer irreparable harm absent an injunction.
Court: USDC District of Columbia, Judge: Walton, Filed On: April 4, 2024, Case #: 1:23cv288, NOS: Trademark - Property Rights, Categories: Trademark, Injunction
J. Sutton finds the district court properly granted summary judgment to the insurer in this dispute over denied coverage for losses an aluminum company suffered due to aluminum shortages caused by transportation issues and delays. The insurer alleges the policy did not cover the transportation expenses and that the delay’s did not result from arrest, detainment or restraint. The aluminum company did in fact suffer the transportation issues, but the parties only focused on the threshold question of whether the aluminum firm experienced that risk. Affirmed.
Court: 6th Circuit, Judge: Sutton, Filed On: April 4, 2024, Case #: 23-5543, Categories: Insurance, Maritime
J. Stras finds a lower court properly ruled in favor of a imprisoned transgender woman's Fourth Amendment claims against prison officials. The prison officials argued that corrections officers were entitled to place the detainee in a high security unit where guards confiscated her personal property as punishment for wearing pigtails and a homemade skirt, and then placed her in a "wrap" in a "rubber room" for an extended period of time. However, the transgender detainee sufficiently showed in court that the guards are not entitled to relief based on violations of her right to be free of unreasonable searches. Affirmed in part.
Court: 8th Circuit, Judge: Stras, Filed On: April 4, 2024, Case #: 22-2893, Categories: Civil Rights, Constitution
Per curiam, the appellate division finds that the lower court properly denied the tenant's motion to dismiss the landlord's claim for the proceeds of a letter of credit. The landlord's service of a revised notice of termination of the lease did not serve to revive the lease after its expiration a year prior because the tenant already acknowledged in a letter that the lease was terminated. Affirmed.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: April 4, 2024, Case #: 01874, Categories: Landlord Tenant
J. Russell denies the defendant insurance company's motion to exclude certain expert testimony in this breach of contract lawsuit involving damage to a boat dock. The court finds that the expert is "qualified and his methodology is reliable." However, the court will partially grant the company's motions in limine. Specifically, the expert cannot define the company's "duty of good faith and fair dealing" or provide an opinion "on the ultimate conclusions" as to whether the company acted in bad faith.
Court: USDC Northern District of Oklahoma , Judge: Russell, Filed On: April 4, 2024, Case #: 4:18cv504, NOS: Insurance - Contract, Categories: Insurance, Experts, Contract
J. DeWine finds the trial court erred when it allowed a witness to testify by video in this sexual relations case of a father with his minor adopted child. The father argues that the video testimony should have been face-to-face, and since it wasn’t, this violated his constitutional right to confront a witness. The appeals court and this one found that the use of video conferencing was a harmless error, and it had no bearing the father’s conviction of sexual battery. Affirmed.
Court: Ohio Supreme Court, Judge: DeWine, Filed On: April 4, 2024, Case #: 2024-Ohio-1247, Categories: Sex Offender, Battery, Witnesses
J. Gallagher finds that the trial court improperly dismissed this specific performance dispute brought by a lessor trying to purchase the leased property against a property company. The lessor argues the trial court erred based on the doctrine of lis alibi pendens when dismissing the complaint after the property company filed the motion for lack of subject-matter jurisdiction. This appeal had reasonable grounds for being filed. Therefore, the assignment of error is sustained, and this case is remanded for further proceedings. The lessor may recover the costs taxed and a special mandate is issued to the Cuyahoga County Court of Common Pleas to execute this judgment. Reversed.
Court: Ohio Court Of Appeals, Judge: Gallagher, Filed On: April 4, 2024, Case #: 2024-Ohio-1284, Categories: Property, Jurisdiction, Contract
J. Palafox finds a lower court partially erred in entering no-evidence summary judgment against an injured passenger after she sued the driver of the vehicle she was in following an accident. The passenger has provided some evidence of causation, and for that reason the case should not have been thrown out entirely — though that passenger has “failed to produce more than a scintilla of evidence of her medical expenses and compensable mental anguish damages.” Reversed in part.
Court: Texas Courts of Appeals, Judge: Palafox, Filed On: April 4, 2024, Case #: 08-23-00221-CV, Categories: Vehicle, Damages, Negligence
J. Soto denies a writ of mandamus to several Mexican companies because they failed to show that a El Paso County judge abused his discretion. Those companies argued that the lower court wrongly denied their motion to dismiss for lack of subject matter jurisdiction because “the courts of Mexico have exclusive jurisdiction,” but it is too early in this dispute to completely rule out U.S. jurisdiction.
Court: Texas Courts of Appeals, Judge: Soto, Filed On: April 4, 2024, Case #: 08-23-00246-CV, Categories: Civil Procedure, Jurisdiction
[Consolidated.] J. Garry finds that the lower court should have suppressed cocaine and heroin discovered in a strip search in his trial for possessing drugs because he had been subjected to an unlawful body cavity search in which drugs had been pulled from his rectum, an intrusion that had not been specified in the warrant. Meanwhile, exigent circumstances did not exist. Reversed.
Court: New York Appellate Divisions, Judge: Garry, Filed On: April 4, 2024, Case #: 112053, Categories: Drug Offender, Search
J. Ceresia finds that the lower court properly sentenced defendant for strangulation, assault, weapon possession, and harassment following several episodes of domestic violence with a former live-in girlfriend because his prolonged physical and verbal attacks on his girlfriend were "abhorrent," and he only took responsibility for some of the more minor allegations against him, such as breaking a key chain, while he attempted to blame his girlfriend by contending she was bringing "crazy" claims to "get back" at him. Affirmed.
Court: New York Appellate Divisions, Judge: Ceresia, Filed On: April 4, 2024, Case #: 112603, Categories: Sentencing, Domestic Violence
[Consolidated.] J. Fisher finds that the lower court improperly denied defendant's request to vacate his conviction for weapon possession without a hearing. Defendant pleaded guilty after being charged in a superseding indictment for acting in concert with codefendant to shoot a third man, but unbeknownst to defendant, the third man had previously threatened codefendant with a gun, information which could have affected defendant's decision to enter the plea. Affirmed in part.
Court: New York Appellate Divisions, Judge: Fisher, Filed On: April 4, 2024, Case #: 113487, Categories: Criminal Procedure, Plea