206 results for 'filedAt:"2024-04-10"'.
Per curiam, the Supreme Court of Ohio denies the attorney's motion for supplemental briefing and dismisses the appeal filed on behalf of the husband as frivolous. The divorce court's decision was not a final, appealable order, a determination already made by the appeals court. However, the court declines to sanction the attorney as a vexatious litigator because that punishment has already been imposed in this case.
Court: Ohio Supreme Court, Judge: Per curiam, Filed On: April 10, 2024, Case #: 2024-Ohio-1305, Categories: Family Law, Sanctions, Jurisdiction
J. Wood finds the trial court properly convicted defendant for the first-degree battery of his 6-month-old daughter based on sufficient evidence. The hospital discovered 12 to 15 fractures throughout the child's body, a black eye and skin abrasions after defendant took her in for medical care when he found her arm was swollen. Forensic investigators said the injuries were consistent with abuse. Defendant also admitted no other adult was alone with the child. Affirmed.
Court: Arkansas Court Of Appeals, Judge: Wood , Filed On: April 10, 2024, Case #: CR-23-539, Categories: Evidence, Battery, Child Victims
J. Gruber finds the circuit court properly adjudicated the children dependent-neglected. The department removed the children after finding evidence the parents were making up symptoms requiring medical treatment. Treating physicians testified no records support any need for the children's treatment for congenital disease. Though the parents objected to a question asked by the prosecution regarding discussions a witness had with a treating doctor, the prosecution was asked to rephrase the question. The parents have not shown prejudice. Affirmed.
Court: Arkansas Court Of Appeals, Judge: Gruber , Filed On: April 10, 2024, Case #: CV-23-598, Categories: Family Law, Health Care, Guardianship
J. Klappenbach finds the circuit court properly denied defendant's petition for postconviction relief. Convicted for kidnapping, battery, firearm possession, aggravated assault and terroristic threatening, defendant was tried within one year of being charged. He was not denied his right to speedy trial, and no argument or record evidence show he is entitled to relief. Affirmed.
Court: Arkansas Court Of Appeals, Judge: Klappenbach , Filed On: April 10, 2024, Case #: CR-22-748, Categories: Firearms, Battery, Kidnapping
J. Virden finds the Workers' Compensation Commission properly affirmed the administrative law judge's determination the poultry processing worker sustained a compensable injury in the form of an occupational disease. The worker, who hung live chickens by their feet as they scratched and pecked him, developed a rash and nausea. He was later diagnosed with cardiopulmonary arrest, acute renal failure and other ailments after he was found unresponsive and taken for medical treatment. The processing facility does not specifically argue sufficiency of the evidence until its reply brief. The appeals court will not consider arguments first raised in a reply brief, being the worker would have no opportunity for rebuttal. Affirmed.
Court: Arkansas Court Of Appeals, Judge: Virden , Filed On: April 10, 2024, Case #: CV-23-133, Categories: Tort, Due Process, Workers' Compensation
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J. Harrison finds the circuit court improperly dismissed the hunting lease caretaking service's complaint seeking nearly $8,000 in payment for an unpaid invoice. The caretaker terminated a verbal contract with a hunter after performing extra services that were added to the ongoing invoice, asking for payment in full. The circuit court entered an order finding that, in the absence of a written contract, the statute of limitations applies. Though the hunter offers several definitions for the agreement, which would govern the accrual date, this determination, as well as the question of timeliness, is for a jury to decide. Reversed.
Court: Arkansas Court Of Appeals, Judge: Harrison , Filed On: April 10, 2024, Case #: CV-22-528, Categories: Debt Collection, Environment, Contract
J. Aoyagi finds the trial court erred in finding defendants’ status as medical or pharmaceutical providers insulated them from the general obligation to avoid creating foreseeable risks of physical harm to others. “Defendants allegedly breached their statutory standards of care to their patient.” Reversed.
Court: Oregon Court of Appeals, Judge: Aoyagi, Filed On: April 10, 2024, Case #: A176439, Categories: Negligence, Medical Malpractice
J. Lagesen finds the trial court properly dismissed a habeas corpus proceeding in which defendant sought a remedy for, among other things, alleged violations of his constitutional rights with respect to his legal mail. The court “was persuaded that, as of the time of the hearing, the mail issue was not ongoing.” Affirmed.
Court: Oregon Court of Appeals, Judge: Lagesen, Filed On: April 10, 2024, Case #: A179702, Categories: Habeas, Prisoners' Rights
J. McClarty finds the lower court properly dismissed a client’s legal malpractice action against her former attorney. The client retained the attorney to represent her in a matter concerning a vehicle accident and subsequent unsatisfactory repairs to her motorhome. The attorney took the clients retainer, but avoided communicating with her and never filed any action on behalf of the client. After the client complained, the Tennessee Board of Professional Responsibility placed the attorney on diversion pending the completion of a practice and professional enhancement program, and he returned the retainer. The client then filed the instant action arguing legal malpractice, but at hearing she did not present any evidence supporting her claim of negligence against him or deficient performance. Affirmed.
Court: Tennessee Court of Appeals, Judge: McClarty, Filed On: April 10, 2024, Case #: E2023-00930-COA-R3-CV, Categories: Damages, Negligence, Legal Malpractice
J. Bower finds that defendant was properly denied relief from her conviction for unauthorized possession of an offensive weapon. She contends counsel should have sought dismissal based on speedy indictment violations, but defendant's failure to make an initial appearance resulted in another arrest and a second scheduled initial appearance, and thus the speedy indictment clock began to run at the time of her second arrest. Affirmed.
Court: Iowa Court Of Appeals, Judge: Bower, Filed On: April 10, 2024, Case #: 22-1997, Categories: Weapons, Speedy Trial
J. Thissen reverses the Court of Appeals, finding that a state trooper's statements that "refusal to take a test [for blood alcohol content] is a crime" complied with the advisory requirements of a Minnesota statute regarding chemical tests requiring a search warrant. The only reasonable reading of the statute is that it requires that a driver be advised, generally, that test refusal is a crime, not that they be advised in detail of all of the elements of the offense of test refusal. Reversed.
Court: Minnesota Supreme Court, Judge: Thissen, Filed On: April 10, 2024, Case #: A22-1238, Categories: Search, Dui, Civil Rights
J. Ellender finds that defendant was properly sentenced to eight years on his conviction for possession of a firearm by a convicted felon. In this case, the sentence was not excessive based on his extensive criminal history, which included multiple felony charges and convictions. Further, defendant does not show that he was given ineffective assistance since he did not establish that if his counsel had filed a motion to reconsider, his sentence would be different. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Ellender, Filed On: April 10, 2024, Case #: 55,580-KA, Categories: Ineffective Assistance, Sentencing
J. Wilkinson finds the lower court properly convicted the defendant of various crimes related to drug trafficking, including two counts of possession of a firearm in furtherance of a drug trafficking crime. While executing a search warrant of the defendant's apartment, police found a noteworthy collection of drugs and drug paraphernalia: copious quantities of heroin, cocaine and marijuana, in addition to packaging supplies, cutting materials, scales, sifters and blending equipment to go along with six firearms. The defendant disputes a section of jury instructions on the firearm charges, claiming the instruction that he is guilty of using the gun in furtherance if the distribution of drugs and the common sense recognition that drug dealing is a dangerous and violent enterprise may support an inference that the defendant’s possession of a firearm was to facilitate drug dealing. There is no false legal premise in these instructions as the jurors were told that the dangerous and violent nature of drug dealing was “a common sense recognition.” But the jurors were then advised that the province of common sense was fully their own. Affirmed.
Court: 4th Circuit, Judge: Wilkinson, Filed On: April 10, 2024, Case #: 23-4222, Categories: Drug Offender, Firearms, Jury Instructions
J. Wilkinson finds the lower court properly granted summary judgment to the agency. Under the Medicaid Drug Rebate Program, a drug manufacturer that increases its prices faster than inflation rises must reimburse Medicaid for the difference. These reimbursements are paid via rebates. Primarily, each drug’s rebate amount is usually determined based on its own original price and inflation clock, but not always. Congress has instructed in the Medicaid statute that some “line extension” drugs can be on the hook not only for their own price increases but also for the price increases of the drugs they evolved from. The agency promulgated a regulation that set forth criteria for what constitutes a line-extension drug that the pharmaceutical company claims expanded the definition of a line extension beyond what the Medicaid statute permitted. Each departure of the regulatory text is patently superficial, with no discernable effect on the term’s reach. Affirmed.
Court: 4th Circuit, Judge: Wilkinson, Filed On: April 10, 2024, Case #: 23-1457, Categories: Government, Medicaid, Agency
J. Ellender finds that the trial court properly sustained exceptions of prematurity filed by a nursing home on a family's negligence suit related to the death of their grandmother while she was a nursing home resident. In this case, the alleged failure to diagnose and provide healthcare to the grandmother falls under the definition of healthcare. If a procedure in a given case is deemed to be healthcare, it falls under Louisiana Medical Malpractice Act and must go before the medical review panel before a tort suit can proceed. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Ellender, Filed On: April 10, 2024, Case #: 55,516-CA, Categories: Civil Procedure, Negligence, Medical Malpractice
J. Marcotte finds that the trial court properly found for a lender, determining that the borrower owes the lender $4.2 million. The lender's records show that the borrower executed the commercial guaranty as manager and member of an aviation company, and the commercial guaranty includes several references to the company's future indebtedness. Further, the guaranty explicitly stated that the borrower was still liable for any debt that the company incurred prior to revocation of his guaranty. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Marcotte , Filed On: April 10, 2024, Case #: 55,557-CA, Categories: Banking / Lending, Contract
J. Marcotte finds that defendant was properly convicted of attempted second-degree murder, aggravated burglary, and attempted armed robbery. There was evidence from the victims who knew defendant from previously hiring him that identified him as the attacker. Further, defendant confessed that thought he killed someone that night, and that the attempted murder victim's DNA was found on defendant's belongings, including a weapon. The victim suffered multiple stab wounds, both eyes were destroyed and both ears were punctured, resulting in the victim being blinded, sustaining brain damage, and being unable to find work. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Marcotte, Filed On: April 10, 2024, Case #: 55,514-KA, Categories: Burglary, Evidence, Murder
J. Marcotte finds that the trial court properly dismissed a wife's petition for protection from abuse from her husband. In this case, the wife does not present sufficient evidence to show abuse to her or the parties' children. The abuse claims were investigated by the sheriff's office, and the wife admitted that that the sheriff's office told her there was no evidence of abuse. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Marcotte, Filed On: April 10, 2024, Case #: 55,492-CA, Categories: Family Law, Restraining Order
J. Hunter finds that the trial court properly found a laser center liable for medical malpractice for injuries related to a patient's tattoo removal. The evidence shows that the technician who performed the tattoo removal did not properly perform a test patch, and repeatedly assured the patient that she was healing normally despite the patient's scarring. Further, the patient's expert opined that the technician performed a dermatological procedure without a medical license and was not properly monitored by a medical professional. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Hunter, Filed On: April 10, 2024, Case #: 55,529-CA, Categories: Evidence, Medical Malpractice
J. Boasberg grants the National Labor Relations Board's motion to dismiss the Starbucks employees' action challenging procedures that protect against the removal of Board members. The employees have not shown that they have suffered an injury because of the protections, which are intended to maintain the independence of the agency, and their claims that the protections violate the Constitution's separation-of-powers guarantees also fail on their merits.
Court: USDC District of Columbia, Judge: Boasberg, Filed On: April 10, 2024, Case #: 1:23cv2954, NOS: Other Statutory Actions - Other Suits, Categories: Constitution, Government, Labor / Unions
[Consolidated.] J. Hunter finds that a trial court properly vacated a judgment which recognized and made executory a default judgment rendered in Missouri and determined that an automotive distributor violated the Louisiana Unfair Trade Practices Act related to a credit account with a shop's purported owner. In the 2019 credit agreement extended to the shop, the purported owner did not sign the application and did not agree to the parties' suits being litigated in Missouri. The evidence showed that the distributor knew who signed the 2019 credit agreement because their representative filled it out and took it to the signer, who was the purported owner's nephew. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Hunter, Filed On: April 10, 2024, Case #: 55,520-CA, Categories: Trade, Contract
J. Simon awards the litigation finance company an $84,400 judgment against the research company for the former's contract claim alleging that the research company did not pay the litigation finance company the promised payment for a previous settlement. The promissory note states that if the research company defaulted on the note, it would pay a principal sum of $84,400.
Court: USDC Oregon, Judge: Simon, Filed On: April 10, 2024, Case #: 3:23cv896, NOS: Negotiable Instrument - Contract, Categories: Settlements, Contract
J. Stephens finds that the trial court properly determined that a property had been acquired by plaintiff through ten-year good faith acquisitive prescription. In this case, the predecessor lived on the property, and it was reasonable for her to believe that her parents owned the property in 1972 when they conveyed it to her and her husband since the public records show her parents acquired the property by recorded deed from the husband of the owner, and the parents assumed a mortgage on the property. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Stephens, Filed On: April 10, 2024, Case #: 55,475-CA, Categories: Evidence, Property
J. Schumacher finds that defendant was properly convicted of first-degree murder for killing a man during a drug buy because the state proved malice aforethought by providing evidence that defendant set up the drug buy and attempted to rob the victim before shooting him as he lie on the ground following a scuffle. Affirmed.
Court: Iowa Court Of Appeals, Judge: Schumacher, Filed On: April 10, 2024, Case #: 22-2029, Categories: Evidence, Intent, Murder
J. Stephens finds that the trial court should not have denied a bank's motion for partial summary judgment in its action to collect on a deficiency
judgment from a commercial guarantor for the principal debtor. Although the guarantor cannot recall signing his name executing the guaranty, his attempted evasion acknowledges his signing the document. Further, a comparison of the guarantor's alleged signature on the commercial guaranty to the signatures on his affidavit and notification of termination "appear to be the same." Reversed.
Court: Louisiana Court Of Appeal, Judge: Stephens, Filed On: April 10, 2024, Case #: 55,533-CW, Categories: Banking / Lending, Contract
J. Kautz finds that the lower court properly allowed a development company to use a lot of a subdivision for workforce apartments. The decision had no effect on any private contractors with the other residents of the subdivision, and the lower court made "reasonable choices" in deciding to approve the workplace apartments. Affirmed.
Court: Wyoming Supreme Court, Judge: Kautz, Filed On: April 10, 2024, Case #: S-23-0157, Categories: Property