199 results for 'filedAt:"2024-05-08"'.
J. Moore affirms the defendant's second-degree murder conviction, finding that while the district court abused its discretion in admitting evidence that a witness received threatening phone calls from an unknown caller, the defendant has not demonstrated that there was a reasonable possibility that this evidence significantly impacted the verdict. Affirmed.
Court: Minnesota Supreme Court, Judge: Moore, Filed On: May 8, 2024, Case #: A22-0316, Categories: Evidence, Murder, Witnesses
J. Neeley finds the county court properly granted the dept's. plea to the jurisdiction. The female African American former employee filed suit after being denied employment for a position from which she had resigned. She was eventually rehired and filed civil rights charges with the Texas Workforce Commission, alleging she was retaliated against, and that the dept. did not comply with a settlement agreement. The court lacks subject matter jurisdiction because the negligence claim does not fall within the tort claims act's limited waiver of immunity, the state is immune from the claim for breach of the settlement agreement, no prima facie claim for retaliation was stated, and the state is not the employer pursuant to the Texas Commission on Human Rights Act. Affirmed.
Court: Texas Courts of Appeals, Judge: Neeley , Filed On: May 8, 2024, Case #: 12-23-00204-CV, Categories: Jurisdiction, Employment Discrimination, Employment Retaliation
J. Rosenthal finds that Nike can recover a portion of their request for attorney fees for a dismissed trademark infringement claim over the company’s use of the term “Ballin.” The claimant who brought the original claim against Nike did not act with animus, rather he believed, albeit falsely, that he held trademark ownership over the commonly used term. Nike easily obtained dismissal, so its request for $570,000 in attorney fees is excessive, and the court instead grants Nike $25,000.
Court: USDC Southern District of Texas, Judge: Rosenthal, Filed On: May 8, 2024, Case #: 3:22cv103, NOS: Trademark - Property Rights, Categories: Trademark, Attorney Fees
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J. Carlton finds the trial court properly denied defendant's motion to exclude his confession to police because he voluntarily waived his Miranda rights and only confessed to having some sexual contact with the victim after police mentioned evidence from a DNA test. Although the officers made statements about prison and that they could "help him" if he told the truth, defendant repeatedly denied any contact with the victim until the DNA evidence was mentioned; therefore, the confession was not coerced. Affirmed.
Court: Mississippi Court Of Appeals, Judge: Carlton, Filed On: May 8, 2024, Case #: 2023-KA-185, Categories: Miranda, Sex Offender
J. Harris finds the lower court improperly granted summary judgment to the teacher. A longtime teacher of English and drama at a Catholic high school sued for sex discrimination under Title VII after the school fired him for his plans to marry his same-sex partner. The complaint falls squarely into the ministerial exception, a legal doctrine barring the application of anti-discrimination laws to religious institutions' employment relationships with its ministers. The teacher played a vital role as a messenger of the school's faith making him a minister for the point of the exception. Reversed.
Court: 4th Circuit, Judge: Harris , Filed On: May 8, 2024, Case #: 22-1440, Categories: Education, Employment Discrimination
Per curiam, the appellate division finds that the lower court properly affirmed the board's decision to deny the correction officer disability retirement benefits. The board reasonably found that the officer's disabling knee condition was the result of a degenerative condition, and not related to a work incident. The board's finding that she did not suffer a shoulder-related disability was supported by credible evidence. Affirmed.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: May 8, 2024, Case #: 02538, Categories: Administrative Law, Employment
J. Conner denies a medical center’s motion to dismiss an employee’s FMLA and ADA claims. The employee adequately alleged that she was forced to use continuous leave following an injury, rather than be provided light duty work, and that her employment and benefits were adversely affected after she exercised her FMLA rights.
Court: USDC Middle District of Pennsylvania, Judge: Conner, Filed On: May 8, 2024, Case #: 1:23cv1696, NOS: Civil Rights - Habeas Corpus, Categories: Civil Rights, Ada / Rehabilitation Act, Employment
J. Worthen finds the trial court properly terminated the divorce proceedings. Though the couple were previously in a romantic relationship for more than 20 years, they agree that no ceremonial marriage ever occurred, nor did they ever file a declaration and registration of an informal marriage. General, conclusory statements from a witness with whom the couple socialized are not sufficient to raise a fact issue as to whether they represented to others they were married. No evidence presented raises a fact issue as to a formal or informal marriage existing. Affirmed.
Court: Texas Courts of Appeals, Judge: Worthen , Filed On: May 8, 2024, Case #: 12-23-00230-CV, Categories: Evidence, Family Law
J. Neeley finds the trial court improperly awarded the ex-wife spousal maintenance. Though the ex-wife suffered from arteriovenous malformation while pregnant and after giving birth, she worked as a teacher during the marriage and fails to show her incapability of providing for her minimum reasonable needs. The evidence is insufficient to support a finding she lacks sufficient property and the earning ability to provide for her minimum needs. The spousal maintenance award is reversed, though all other aspects of the decree are affirmed. Reversed in part.
Court: Texas Courts of Appeals, Judge: Neeley , Filed On: May 8, 2024, Case #: 12-23-00239-CV, Categories: Family Law, Health Care, Contract
J. Neeley finds the trial court properly convicted defendant for burglary of a habitation. After being dispatched on a criminal trespass call, officers found defendant's girlfriend at her apartment bleeding from around her ear. She explained that defendant, who had stayed with her at times but whose name was never on the lease, had struck her and left. The apartment manager had also previously requested a criminal trespass warning against defendant after he had stolen items. Although the evidence suggests defendant's name may have been attached to the utility account, this would not grant him equal or greater ownership rights to the apartment. Affirmed.
Court: Texas Courts of Appeals, Judge: Neeley , Filed On: May 8, 2024, Case #: 12-23-00237-CR, Categories: Burglary, Assault, Trespass
J. Thomas finds that trial court properly approved a pharmaceutical student's settlement agreement with the department of health because the student failed to preserve arguments for appeal, and the department acted within its authority. Affirmed.
Court: Florida Courts Of Appeal, Judge: Thomas, Filed On: May 8, 2024, Case #: 1D2022-2829, Categories: Licensing, Settlements
J. Shelby grants the plaintiff chicken growers' motion for class certification in this antitrust litigation alleging that certain poultry companies suppressed compensation in violation of the Sherman Antitrust Act. The commonality and typicality elements are satisfied. Additionally, the court denies the defendant poultry company's motion to exclude certain expert opinions.
Court: USDC Eastern District of Oklahoma, Judge: Shelby, Filed On: May 8, 2024, Case #: 6:17cv33, NOS: Antitrust - Other Suits, Categories: Antitrust, Civil Procedure
J. Kobes finds a lower court properly granted summary judgment in favor of a Canadian investment management firm on claims of fraudulent inducement brought by grocery store owner-operators. The owner- operators argued that the investment management firm strong armed them into signing releases based on false representation. However, the investment management firm presented sufficient evidence in court that it never solicited or forced the owner- operators to sign releases, even though they knew the risks of opening new stores, and that they did not use ordinary diligence by failing to investigate the company's history. Affirmed.
Court: 8th Circuit, Judge: Kobes, Filed On: May 8, 2024, Case #: 23-1786, Categories: Fraud, Contract, Racketeering
J. Wyrick grants the government defendant’s motion for summary judgment in this lawsuit brought by a former air traffic controller trainee alleging discrimination on the basis of race under Title VII. The former trainee, who was dismissed from the training program along with another classmate “for failing to achieve a passing grade,” fails to establish a prima facie case of discrimination. She and the dismissed classmate sought reinstatement for “very different reasons,” meaning they were not similarly situated.
Court: USDC Western District of Oklahoma , Judge: Wyrick, Filed On: May 8, 2024, Case #: 5:20cv1161, NOS: Employment - Civil Rights, Categories: Civil Rights, Employment, Employment Discrimination
J. Beck finds that the lower court improperly denied defendant’s first petition filed pursuant to the Post Conviction Relief Act alleging his trial counsel was ineffective for failing to call character witnesses in his support in a domestic violence suit over his beating of his pregnant wife. The counsel’s failure to call character witnesses undermined defendant’s ability to instill reasonable doubt in the jury’s minds. Reversed.
Court: Pennsylvania Superior Court, Judge: Beck, Filed On: May 8, 2024, Case #: J-S03044-24, Categories: Ineffective Assistance, Jury, Sentencing
J. Kern finds that the circuit court properly entered judgment after defendant pleaded guilty to two counts of aggravated assault against a law enforcement officer. The charges arose out of an extremely dangerous high-speed chase during which defendant repeatedly fired weapons at pursuing officers. The circuit court sentenced defendant to serve two concurrent life sentences to run consecutively to sentences he was already serving for other offenses. Defendant claimed that his sentence was cruel and unusual in violation of the Eighth Amendment and was an abuse of the circuit court’s discretion. The sentence is not grossly disproportionate to the gravity of defendant's offenses and therefore did not violate the Eighth Amendment. Affirmed.
Court: South Dakota Supreme Court, Judge: Kern, Filed On: May 8, 2024, Case #: 2024SD26, Categories: Constitution, Sentencing, Assault
J. Gannam finds the trial court improperly applied the correct legal standards when finding the father contributed to the children’s dependency status after basing the decision on the belief the father's corporal discipline was abusive. There is not enough evidence to prove the father “engaged in conduct placing [the kids] at substantial risk of imminent abuse.” Therefore, this case is remanded for the children’s placement with the appropriate proceedings. Reversed.
Court: Florida Courts Of Appeal, Judge: Gannam, Filed On: May 8, 2024, Case #: 6D24-105, Categories: Evidence, Family Law
J. Reichek finds that the lower court properly awarded the original guardian ad litem’s fees and expenses in this lawsuit arising from a motor vehicle accident. The lower court did not abuse its discretion in determining the amount of the fees awarded. The record shows that the appellant failed to respond to certain communications and was eventually replaced as ad litem. Affirmed.
Court: Texas Courts of Appeals, Judge: a, Filed On: May 8, 2024, Case #: 05-22-00829-CV, Categories: Civil Procedure, Tort, Attorney Fees
J. Bredar denies a freight transport company’s motion for summary judgment in this Family Medical Leave act lawsuit stemming from 63 current and former employees’ complaints. The case has been stayed for several years until the unions pursued arbitration proceedings against the company for suspending or terminating the employees after being accused of abusing the FMLA leave. The freight firm alleges the Railway Labor Act preempts the claims and that if the claims are not preempted, then they are time-barred. The arbitrators did not find a key reason for firing the employees to be pretextual. Therefore, the company failed to meet the burden showing the preclusion issue is warranted.
Court: USDC Maryland, Judge: Bredar, Filed On: May 8, 2024, Case #: 1:18cv744, NOS: Family and Medical Leave Act - Labor, Categories: Arbitration, Employment, Labor / Unions
J. Hixson finds the trial court properly convicted defendant for the first-degree murder of his 3-year-old son. Defendant's girlfriend testified defendant punished the child by whipping him on his back with a belt and wooden spoon for peeing on himself and cussing, also saying this instance was more violent than previous punishments. After leaving the room, the girlfriend returned when things got quiet to see the child lying motionless on the floor. The child died later that day after receiving medical attention. Sufficient evidence, including forensic/medical photographs, the belt, an extension cord and the broken wooden spoon demonstrate defendant knew his conduct of repeated blunt-force trauma to the child's head and torso was deadly. Affirmed.
Court: Arkansas Court Of Appeals, Judge: Hixson , Filed On: May 8, 2024, Case #: CR-23-196, Categories: Evidence, Murder, Child Victims