155 results for 'filedAt:"2024-05-01"'.
J. Smith denies the Mexican citizens' petition for review of the Board of Immigration Appeals' denial of their application for asylum and relief under the Convention Against Torture. Petitioners entered the U.S. without documentation and say that the Mexican Navy will persecute and torture them in order to stop the mother's campaign to hold the military responsible for her son's disappearance. Though the immigrants are not required to establish past persecution in order to support the possibility of future persecution, that the mother had publicly spoken out against the Navy via news media repeatedly for months without suffering harm does not support the claims of persecution.
Court: 5th Circuit, Judge: Smith , Filed On: May 1, 2024, Case #: 23-60089, Categories: Evidence, Immigration, International Law
Per curiam, the appellate division finds that the lower court properly permitted a victim of child sexual abuse to refile his claim with a request for punitive damages. The Child Victims Act creates a two-year revival window for previously time-barred abuse claims, such as the victim's being abused by multiple teachers at his school. Claim revival statutes like this do not violate due process so long as they are enacted as a reasonable response. Affirmed.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: May 1, 2024, Case #: 02339, Categories: Civil Procedure, Education
Per curiam, the appellate division finds that the lower court improperly dismissed a contract and negligent hiring suit filed by the family of a student against a teacher who bullied him on a school trip. A claim should be read liberally at this early stage in the proceedings, and the various theories were not necessarily duplicative of one another. For example, the cause alleging unjust enrichment was based on the parents' having paid fees for the school trip, which can be dismissed without affecting the negligent hiring charge. Reversed in part.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: May 1, 2024, Case #: 02341, Categories: Civil Procedure, Education, Contract
J. Marcel finds that a public works bid was properly awarded to a construction company for the school board's project. In this case, the check included by the construction company with its bid submission is a cashier’s check and was submitted both electronically as part of its bid and physically delivered to the school board. A cashier's check is a check drawn by a bank upon itself and is considered accepted by the bank upon issuance. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Marcel , Filed On: May 1, 2024, Case #: 24-C-183, Categories: Construction, Contract
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J. Cogan dismisses an unpaid wages complaint against a company who had settled similar claims in a prior class action. The litigant, one of four class members in the class action, sought to challenge the settlement, claiming it was unfair and did not adequately represent his interests, but the court disagrees, finding he had ample opportunity to either raise objections or opt out of the settlement after notices were sent out to potential members.
Court: USDC Eastern District of New York, Judge: Cogan, Filed On: May 1, 2024, Case #: 1:23cv5165, NOS: Fair Labor Standards Act - Labor, Categories: Settlements, Class Action, Labor
J. Holmes grants in part this motion for attorney fees filed in connection with a motion to compel discovery. The court will award $8,000 in attorney fees as a discovery sanction, as the defendant company's nondisclosure was not "substantially justified."
Court: USDC Middle District of Tennessee , Judge: Holmes, Filed On: May 1, 2024, Case #: 3:20cv1103, NOS: Personal Injury - Product Liability - Torts - Personal Injury, Categories: Sanctions, Discovery, Attorney Fees
J. Grant finds that the district court properly awarded the store $62,000 in attorney fees as sanctions in an action against the shopping center owner arising after the store's request to exercise its option to extend the terms of its lease was denied. The owner acted in bad faith since it had knowledge of the lack of diversity jurisdiction in the case but delayed disclosing the information for more than a year. The sanction award was limited to two-thirds of the attorney fees incurred by the store after the owner discovered its diversity-destroying citizenship. The district court correctly struck the store's affidavit claiming its attorney did not act in bad faith as untimely and irrelevant. Affirmed.
Court: 11th Circuit, Judge: Grant, Filed On: May 1, 2024, Case #: 22-12461, Categories: Sanctions, Attorney Fees
J. McFadden finds that the trial court properly convicted defendant of aggravated battery and cruelty to children. The trial court correctly denied defendant's motion for a new trial. Defendant's trial counsel was not deficient for failing to file a general demurrer or motion in arrest of judgment as to one of the child cruelty counts in the indictment. Sufficient evidence was presented to support the child cruelty conviction. Affirmed.
Court: Georgia Court of Appeals, Judge: McFadden, Filed On: May 1, 2024, Case #: A24A0534, Categories: Ineffective Assistance, Battery, Child Victims
J. Stickman grants a restaurant chain’s motion for summary judgement concerning the class action claims, including unfair enrichment and breach of contract, brought by customers during a nationwide change shortage. The evidence shows modifications and waivers to the purchase-and-sale agreement were made. The customers had the opportunity to withdraw from their purchase but decided to follow through after purposely going to the restaurant to be shortchanged.
Court: USDC Western District of Pennsylvania, Judge: Stickman, Filed On: May 1, 2024, Case #: 2:20cv1448, NOS: Other Personal Property Damage - Torts - Personal Property, Categories: Fraud, Consumer Law, Contract
J. Flanagan grants a generator production company’s partial dismissal in this product liability class action brought by an ice cream truck driver who was chemically burned when the truck’s gasoline tank malfunctioned. The driver argues the company knew the tanks were faulty, claiming fraud by omission. Because the driver fails to give sufficient information as to when the company supposedly began hiding this information, and because he does not point to any specific way that the company tried to hide information, this part of his claim fails.
Court: USDC Eastern District of North Carolina, Judge: Flanagan, Filed On: May 1, 2024, Case #: 7:23cv1329, NOS: Other Contract - Contract, Categories: Fraud, Product Liability, Contract
Per curiam, the Supreme Court of Ohio finds the lower court properly dismissed the inmate's petition for a writ of mandamus. His request for a suppression hearing after the return of his cell phone and other property by the trial court should have been brought on a direct appeal of his other postconviction motions for relief. Affirmed.
Court: Ohio Supreme Court, Judge: Per curiam, Filed On: May 1, 2024, Case #: 2024-Ohio-1624, Categories: Criminal Procedure, Search, Sex Offender
J. Barrett finds the circuit court improperly found the romantic partner would be unjustly enriched. The homeowner added her partner's name to the deed of the house under the assumption the parties would be married. After the sale of the house, the partner claimed he was allowed to keep half of the net proceeds from the sale as a joint tenant. The owner made a gift to her partner when she placed his name on the deed. Though the owner regrets the decision, this is not a valid basis for setting aside a deed. Reversed.
Court: Arkansas Court Of Appeals, Judge: Barrett , Filed On: May 1, 2024, Case #: CV-23-27, Categories: Civil Procedure, Property, Contract
J. Procaccini promulgates amendments to the Minnesota General Rules of Practice for the District Courts and Minnesota Rules of Civil Appellate Procedure as two-year pilot project. The amendments allow for continuances for the purpose of allowing personal leave for attorneys under certain covered circumstances, including the birth or adoption of a child, health conditions, the death of a family member or the need to care for a spouse, household member or family member.
Court: Minnesota Supreme Court, Judge: Procaccini, Filed On: May 1, 2024, Case #: ADM09-8009, Categories: Administrative Law, Civil Procedure
[Consolidated.] J. Engelhardt finds the district court improperly found the Indian citizen's claims are governed by the Jones Act and general maritime law. The Indian citizen says he contracted malaria in Africa while working on a Liberian ship managed by the Singaporean ship management company. The ship worker suffered gangrene, having several toes amputated, and contends the management company failed to provision the ship while in a U.S. port despite knowing it lacked antimalarial medication. He has not asserted or shown the relevant portions of the law of Singapore or India conflict with the law of Liberia; therefore, the law of the ship's flag prevails. Reversed.
Court: 5th Circuit, Judge: Engelhardt , Filed On: May 1, 2024, Case #: 22-30758, Categories: Health Care, Maritime, Choice Of Law
J. Gremillion finds that the trial court improperly found that the Calcasieu Parish Police Jury (CPPJ) was not at fault for a tree falling on a truck and killing the passenger. Dr. Frederick Fellner, an urban forester, submitted an affidavit and deposition that raises a genuine issue of material fact as to whether the CPPJ should have identified the tree as a hazard to the motoring public and thus taken remedial action. Reversed.
Court: Louisiana Court Of Appeal, Judge: Gremillion, Filed On: May 1, 2024, Case #: CA-23-579, Categories: Negligence, Experts, Wrongful Death
J. Savoie finds that the lower court improperly terminated the father's parental rights over his child. There is no case plan in the record and the caseworker testified that she never met with the father. Furthermore, it appears the father was never ordered to pay child support so his rights cannot be terminated for failing to pay support. Reversed.
Court: Louisiana Court Of Appeal, Judge: Savoie, Filed On: May 1, 2024, Case #: JAC-24-46, Categories: Family Law
J. Jordan finds the District Court properly held that a school board president who was replaced without notice a week after being elected had a clearly established property right in his employment and had been deprived of that right without due process. “It is clearly established that employees with a statutory right in their employment cannot be fired without notice and a hearing.” Affirmed.
Court: 3rd Circuit, Judge: Jordan, Filed On: May 1, 2024, Case #: 22-1866, Categories: Education, Employment, Due Process
J. Bokor finds the trial court improperly denied defendant's motion for judgment of acquittal in his case alleging that, in his role as a police officer, he knowingly falsified an arrest affidavit and offense incident report and battered the person he was arresting. The evidence, including body camera footage from multiple officers, shows that defendant's description of the arrest in the documents in question is not "patently false or inaccurate" such that it constitutes a crime. The trial court erred in denying defendant's two motions for judgment of acquittal, and the case is remanded for defendant to be acquitted on both his official misconduct and battery charges. Reversed.
Court: Florida Courts Of Appeal, Judge: Bokor, Filed On: May 1, 2024, Case #: 22-1276, Categories: Evidence, Battery
J. Scales finds the trial court did not follow proper procedures in entering an order of disposition that required the mother to undergo a mental health evaluation as part of a plan to regain custody of her daughter placed into foster care after being sexually assaulted by the father of the mother's other child. The relevant statutes and procedures required the trial court to give the mother proper notice and specify the time, manner and other details of the mental health evaluation, neither of which occurred. The mother's petition for writ of certiorari is construed as an appeal, and the portion of the court's order requiring the mental health evaluation is overturned without prejudice. Reversed.
Court: Florida Courts Of Appeal, Judge: Scales, Filed On: May 1, 2024, Case #: 24-0404, Categories: Family Law
J. Wilson finds that the lower court improperly dismissed the indictment charging defendant with involuntary manslaughter by deciding after viewing video surveillance that her driving did not constitute criminal negligence. The court was limited to reviewing whether the indictment contained the essential elements of involuntary manslaughter and whether it proper apprised defendant of the facts of the charge. Reversed.
Court: Missouri Supreme Court, Judge: Wilson, Filed On: May 1, 2024, Case #: SC100212, Categories: Criminal Procedure, Manslaughter, Vehicle
J. Flanagan denies one faction of a high school’s alumni association’s motion for an extension of time in an already-lengthy trademark infringement case it brought against a second faction. The first faction has repeatedly gone against court procedures by entering multiple amendments to their complaints without permission and refusing to hire new counsel after their first attorney withdrew. Also, the second faction’s motion to dismiss is granted.
Court: USDC Eastern District of North Carolina, Judge: Flanagan, Filed On: May 1, 2024, Case #: 5:23cv321, NOS: Trademark - Property Rights, Categories: Civil Procedure, Trademark