162 results for 'filedAt:"2024-05-02"'.
[Consolidated.] J. Scudder finds that the lower court properly found the businessman and three associated healthcare companies violated the Anti-Kickback Statute and False Claims Act by knowingly paying kickbacks to induce referrals for medical services, many of which were paid for by Medicare. However, the $6 million judgment against the businessman must be revised, because the lower court did not sufficiently clarify which Medicare claims - all or some - resulted from the illegal kickback scheme. Affirmed in part.
Court: 7th Circuit, Judge: Scudder, Filed On: May 2, 2024, Case #: 22-3295, Categories: Damages, Medicare, False Claims
J. Crews excludes expert testimony in retaliation claims in which plaintiff, a double amputee who uses a wheelchair for mobility, contends the homeowners' association failed to properly remove snow or provide him an assigned parking spot in front of his unit, as the standard upon which the expert reached her conclusions was inconsistent with standards used in civil trials.
Court: USDC Colorado, Judge: Crews, Filed On: May 2, 2024, Case #: 1:22cv2042, NOS: All Other Real Property - Real Property, Categories: Ada / Rehabilitation Act, Experts
J. Power finds that the lower court properly held that restrictive covenants on parcels within a subdivision barred offering a single-family residence as a short-term Airbnb rental. While owners were permitted to rent a premises, restrictions limit use to "single family residential purposes," which implies longer-term living arrangements as opposed to short stays. Affirmed.
Court: New York Appellate Divisions, Judge: Powers, Filed On: May 2, 2024, Case #: CV-23-0610, Categories: Property
J. Love finds that the trial court improperly determined that a victim did not show that she was harassed by her neighbor. In this case, the victim testified that the neighbor repeatedly removed landscaping boards from the front of her property where she was attempting to plant trees and cursed at her during an altercation. Further, there was video evidence showing the neighbor taking the boards from the victim's property to a trash pile, and the neighbor admitted to talking to the victim on the day of the altercation. Reversed.
Court: Louisiana Court Of Appeal, Judge: Love, Filed On: May 2, 2024, Case #: 2023-CA-0742, Categories: Evidence, Property
J. Ledet vacates the district court's granting of defendant's application for post-conviction relief related to his guilty pleas to possession of a firearm by a convicted felon, possession of methamphetamine with intent to distribute, possession of heroin with intent to distribute, and armed robbery with a firearm. Even if defendant's attorneys gave him the wrong information concerning his sentencing exposure, defendant did not show that he would have not pled guilty under a favorable plea agreement and gone to trial on the multiple charges, where he would have been exposed to enhanced sentences based on his prior drug charges. Vacated.
Court: Louisiana Court Of Appeal, Judge: Ledet , Filed On: May 2, 2024, Case #: 2024-K-0164, Categories: Ineffective Assistance, Plea
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. Causey finds that the lower court properly tossed a wrongful death complaint against the maker of a manlift device that decedent was operating when it collapsed, killing him. Several procedural problems persisted with the suit, giving the lower court full discretion to dismiss it. Several important deadlines were missed, the complaint tried to pursue claims against a party that was already dismissed from the action, and discovery was engaged without following proper protocol. Affirmed.
Court: Wyoming Supreme Court, Judge: Causey , Filed On: May 2, 2024, Case #: S-22-0291, Categories: Wrongful Death
J. Lawrence-Berrey finds that the lower court improperly applied the wrong statute against a man and his attorneys who were caught making up statements to support manufactured class claims against Robinhood Financial. The lower court used a minor claims statute to support the sanctions, and while the claims were manufactured, their existence as being class claims do not make them minor. The matter is remanded to determine what amount of sanctions under the correct statute are called for to deter their actions going forward. Reversed.
Court: Washington Court Of Appeals, Judge: Lawrence-Berrey , Filed On: May 2, 2024, Case #: 38623-6-III, Categories: Sanctions
J. Pechman denies the electronic financial services company's motion to dismiss the consumer's class action alleging that the company substantially assisted its user in sending the consumer unsolicited text messages inviting her to sign up for the company's Cash App services, in violation of the Washington Consumer Electronic Mail Act. The consumer sufficiently alleges that the company gave its user substantial assistance in sending the unsolicited texts because its "Refer a Friend" program process creates easy steps for its user to follow in order to send the referral message.
Court: USDC Western District of Washington, Judge: Pechman, Filed On: May 2, 2024, Case #: 2:23cv1969, NOS: Other Personal Injury - Torts - Personal Injury, Categories: Communications, Class Action
J. Breedlove finds that the lower court properly granted summary judgment to the insurance company in this coverage dispute arising from storm damage to an insured home. The owner contends on appeal that the lower court erred in "denying her motion to compel mediation." However, the appellant failed to obtain a ruling on her motion, meaning she has not preserved the issue for review. Affirmed.
Court: Texas Courts of Appeals, Judge: Breedlove, Filed On: May 2, 2024, Case #: 05-23-00106-CV, Categories: Civil Procedure, Insurance
J. Flynn finds the Court of Appeals properly reversed the trial court’s judgment excluding hospitals from drug liability. “A hospital that supplies and administers a dangerously defective drug in conjunction with providing a healthcare service can be a ‘seller’ that is ‘engaged in the business of selling’ for purposes of liability.” Affirmed.
Court: Oregon Supreme Court, Judge: Flynn, Filed On: May 2, 2024, Case #: S070082, Categories: Health Care, Product Liability
J. Grasz finds a lower court properly convicted a defendant for possession of cocaine with intent to distribute. The defendant, a wholesale cocaine dealer, argued that law enforcement was not entitled to obtain a tracking warrant for his vehicle and warrants for an apartment and a music studio. However, the government presented sufficient evidence in court that an informant sold drugs to the defendant's runner, who began cooperating with authorities, which resulted in the defendant making threats over Facebook, claiming he would get his hands on the trial witness list and send it to "unknown actors in Mexico." Affirmed.
Court: 8th Circuit, Judge: Grasz, Filed On: May 2, 2024, Case #: 23-2364, Categories: Drug Offender, Evidence, Threats
Per curiam, the appellate division finds that the lower court properly awarded petitioners attorneys' fees of $48,000 for litigation required by respondents' contemptuous conduct. Petitioners' counsel provided an adequate statement of the legal services provided on the contempt motion, and respondents' claims of overbilling or duplicative work are speculative. Affirmed.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: May 2, 2024, Case #: 02363, Categories: Contempt, Attorney Fees
J. Wiseman finds the trial court properly vacated the default judgment. The judgment was entered against the at-fault driver in this auto collision suit after the owner of the damaged company vehicle accused her insurer, Allstate, of using a valuation that did not consider the pandemic's effect on fair market value and inflation. The petition to vacate was filed and the court found the at-fault driver was not in default when the judgment was entered, nor was she provided proper notice. Affirmed.
Court: Oklahoma Courts Of Appeal, Judge: Wiseman , Filed On: May 2, 2024, Case #: 121053, Categories: Insurance, Vehicle, Due Process
J. Dato finds that defendant is ineligible for resentencing for conspiring to commit murder and attempted murder for luring her ex-husband to a remote location where her lover shot him. The attempted murder count was based on an intent to kill, not a natural and probable consequences theory. The conspiracy to commit murder jury instruction required a finding that she agreed with her lover's intention to kill, so it was not based on imputed malice. Affirmed.
Court: California Courts Of Appeal, Judge: Dato, Filed On: May 2, 2024, Case #: D080941, Categories: Murder, Sentencing
J. Corrigan finds that the trial court should have suppressed the methamphetamine and revolver police found in defendant's car as the products of an unlawful search. His presence in a high crime area at night, ducking out of sight, fiddling with his shoes and refusing to acknowledge police officers are factors that police are not required to ignore. But they were not acts of outright evasion and did not combine to support an articulable and reasonable suspicion that he was involved in illegal conduct. Reversed.
Court: California Supreme Court, Judge: Corrigan, Filed On: May 2, 2024, Case #: S267522, Categories: Drug Offender, Firearms, Search
J. Mackey finds that the lower court properly held that an incarcerated father's consent was not needed for the adoption of his son by the boy's mother and her new husband since the father indicated his intent to forgo parental rights by failing to contact the boy for more than six years. Affirmed.
Court: New York Appellate Divisions, Judge: Mackey, Filed On: May 2, 2024, Case #: 536102, Categories: Family Law
J. Garry finds that the lower court properly modified a shared parenting order to award sole legal and physical custody to the father because repeated unfounded claims that the father sexually abused the child subjected the girl to intrusive exams over several years, and the mother demonstrated lack of fitness to act as custodial parent by otherwise interfering with the father-daughter relationship. Affirmed.
Court: New York Appellate Divisions, Judge: Garry, Filed On: May 2, 2024, Case #: CV-23-0081, Categories: Family Law
J. Moore finds that the district court improperly dismissed patent infringement claims concerning electrical outlet covers for lack of jurisdiction because defendant purposely directed patent enforcement activities toward the competing manufacturer in Utah. Reversed.
Court: Federal Circuit, Judge: Moore, Filed On: May 2, 2024, Case #: 2023-1184, Categories: Patent, Jurisdiction
J. Dietz declines to dismiss claims in which servicemen and servicewomen contend they suffered adverse personnel actions due to the Covid-19 vaccine mandate because service members sufficiently pleaded entitlement to backpay since the mandate was unlawful in light of the lack of FDA licensing for the vaccine.
Court: Court of Federal Claims, Judge: Dietz, Filed On: May 2, 2024, Case #: 23-211, Categories: Covid-19, Military
J. Johnson, in this accelerated interlocutory appeal, finds the trial court properly denied USA Today's Texas Citizen’s Participation Act motion to dismiss the defamation claim. The tax service provider alleges a USA Today story falsely accused him of unlawful business practices in an effort to secure tax savings for clients. Record evidence creates a genuine fact issue on whether the publisher accurately reported whether the FBI was investigating the service provider. Affirmed.
Court: Texas Courts of Appeals, Judge: Johnson, Filed On: May 2, 2024, Case #: 09-22-00432-CV, Categories: Tax, Defamation, Business Practices
J. Kemp finds the trial court properly convicted defendant for capital murder and aggravated robbery, sentencing him to life plus 40 years in prison. A homeowner called her husband about a suspicious person at the house and the husband, on his way home, found a body in the street with multiple gunshot wounds. Police dash cam recorded defendant escaping in the victim's truck, and the victim's DNA was discovered on defendant's bloody pants when he was later arrested on multiple warrants. Defendant does not challenge the sufficiency of the evidence. Certain evidence was properly admitted as cumulative of other evidence admitted at trial, and Ring camera photos of the truck were properly authenticated by detective testimony. Affirmed.
Court: Arkansas Supreme Court, Judge: Kemp , Filed On: May 2, 2024, Case #: CR-23-574, Categories: Evidence, Murder, Due Process
J. Jones finds the prosecutor's comments to the jury during opening statements about common experiences across victims of domestic violence did not constitute misconduct. They did not represent expert testimony, but were anchored to the evidence the state intended to present in its case. Meanwhile, even though the victim did not answer calls made by defendant from an unlisted number, the calls alone were sufficient to convict defendant of stalking after they were traced to the jail at which he was being housed because they violated a protection order obtained by the victim. Affirmed.
Court: Colorado Court Of Appeals, Judge: Jones, Filed On: May 2, 2024, Case #: 2024COA45, Categories: Prosecutorial Misconduct, Assault, Harassment
J. Gallagher finds the lower court properly denied the pizza restaurant's motion to vacate an arbitration award in favor of the Cleveland Browns. Although the restaurant couches its argument in jurisdictional terms, it is merely an attempt to raise claims about the validity of the arbitration award it failed to bring in a direct appeal. Affirmed.
Court: Ohio Court Of Appeals, Judge: Gallagher, Filed On: May 2, 2024, Case #: 2024-Ohio-1686, Categories: Arbitration, Jurisdiction, Contract
J. Gallagher finds the trial court properly denied defendant's motion for a mistrial. The discovery violation committed by the prosecution - a failure to disclose certain parole documents - was harmless, as the facts of his parole were irrelevant to the single charge of escape named in the indictment. Affirmed.
Court: Ohio Court Of Appeals, Judge: Gallagher, Filed On: May 2, 2024, Case #: 2024-Ohio-1686, Categories: Escape, Discovery
J. Ryan finds defendant's convictions were not against the weight of the evidence despite his claims of self-defense. One of his shooting victims testified he was the aggressor in the buildup to the shooting and told her he would continue to shoot after his initial burst of gunfire, all of which allowed the jury to discredit his self-defense claim. Affirmed.
Court: Ohio Court Of Appeals, Judge: Ryan, Filed On: May 2, 2024, Case #: 2024-Ohio-1693, Categories: Murder, Self Defense