176 results for 'filedAt:"2024-05-09"'.
Per curiam, the court of appeal finds that the trial court properly convicted defendant, an assistant coach with the high school football team, of the misdemeanor offense of disrupting a school function and resisting arrest based on evidence concerning the coach's disturbance of the game. Affirmed.
Court: Florida Courts Of Appeal, Judge: Per curiam, Filed On: May 9, 2024, Case #: 1D2022-3288, Categories: Resisting Arrest, Trespass
J. Moore finds that the lower court properly found that the decedent intended to allow his tenant farmer the option to purchase the property following his death, and not just the right of first refusal to purchase the property if the heirs intended to sell the land. Decedent's intent in this regard is supported by the language of the codicil to his will, notwithstanding the use of the language "right of first refusal." Affirmed.
Court: Illinois Appellate Court, Judge: Moore, Filed On: May 9, 2024, Case #: 230152, Categories: Wills / Probate
J. Ripple finds that the lower court properly found for the employer on 40 black employees' race discrimination claims, and awarded damages to just one employee of seven who went to trial. Residents' repeated use of the N-word was "troubling" but was usually verbalized by patients suffering mental impairments and were not statements made by management or coworkers. These racist comments cannot be the basis to find employees were subjected to a hostile work environment or pervasive harassment. Affirmed.
Court: 7th Circuit, Judge: Ripple, Filed On: May 9, 2024, Case #: 22-2806, Categories: Agency, Employment Discrimination
J. Peterson finds that the trial court improperly ruled in favor of the couple in a declaratory judgment action claiming that the Cobb County Board of Commissioners unconstitutionally passed an amendment changing commission district boundaries enacted by the Georgia legislature in 2022. Although the couple are county residents and community stakeholders with standing to challenge the constitutionality of the amendment, their uncertainty about which district they reside in and their claim that they are represented by a commissioner they did not vote for are not enough to show uncertainty as to their future conduct and to warrant declaratory relief. Reversed.
Court: Georgia Supreme Court, Judge: Peterson, Filed On: May 9, 2024, Case #: S24A0599, Categories: Civil Rights
Per curiam, the appellate division finds that the lower court properly dismissed a claim the assistant of a stylist of celebrity Kim Kardashian published a photograph including the claimant without her consent. The claim does not prove that the court has personal jurisdiction over Kardashian or that she continuously conducts business in New York. The same goes for NBC Universal, which was not shown to have deceived or misled the public materially. Affirmed.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: May 9, 2024, Case #: 02514, Categories: Privacy, Jurisdiction
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Per curiam, the appellate division finds that the lower court properly declined to dismiss a putative class action against a landlord for rent overcharges and violations of the Rent Stabilization Law. The law prohibits property owners from adjusting the rent until the end of a lease except as pursuant to guidelines. The landlord here may have violated the statute by inflating registered initial rents by offering prorated discounts in the guise of concessions. Affirmed.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: May 9, 2024, Case #: 02515, Categories: Landlord Tenant
J. Colvin finds that the trial court properly convicted defendant of murder and aggravated assault. Defendant failed to show that the trial outcome was probably impacted by the inclusion of an option on the verdict form for voluntary manslaughter only after the felony murder count instead of after both murder counts. The trial court correctly instructed the jury with respect to the verdict form after the jury sent a note during deliberations. Although the trial court violated defendant's right to be present and right to counsel during the proceedings by responding to the jury note outside the presence of the parties, the error was harmless. Affirmed.
Court: Georgia Supreme Court, Judge: Colvin, Filed On: May 9, 2024, Case #: S24A0094, Categories: Murder, Jury Instructions
Per curiam, the appellate division finds that attorney Rita Horowitz Altman, sanctioned for misconduct where she lives and practices immigration law in Florida, should be suspended in New York for three years. Altman failed to timely report the discipline in her home jurisdiction, which stretched over nearly 20 years, as well as discipline imposed by the board of immigration appeals based on the Florida misconduct. Meanwhile, her actions in Florida would have qualified for discipline New York.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: May 9, 2024, Case #: PM-86-24, Categories: Attorney Discipline
Per curiam, the appellate division finds that attorney William Brammer should be suspended for 30 days due to similar sanctions imposed upon misconduct in his home jurisdiction of Washington, D.C. Brammer promptly alerted New York officials to the discipline, which included his admission to lack of client communication, and the New York suspension is retroactive to the suspension imposed in D.C. in January 2021.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: May 9, 2024, Case #: PM-87-24, Categories: Attorney Discipline
Per curiam, the appellate division finds that attorney Gerald Orseck should be suspended for three years for misconduct. The parties agreed to the discipline following lengthy negotiations over charges that Orseck mismanaged his escrow account and engaged in conflicts of interest with a current client, and other instances of discipline during his 65 years of practice were also considered.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: May 9, 2024, Case #: PM-88-24, Categories: Attorney Discipline
J. McShan finds that the lower court properly convicted defendant of predatory sexual assault against a child and sexual abuse involving three alleged victims. Defendant contends the children's delay in disclosing the alleged abuse suggested fabrication, but they testified they were afraid of defendant, and expert witnesses credibly testified about the reasons minors may delay in reporting abuse. Affirmed.
Court: New York Appellate Divisions, Judge: McShan, Filed On: May 9, 2024, Case #: 110741, Categories: Evidence, Experts, Child Victims
J. Beck finds that the lower court improperly sentenced defendant following his guilty plea to driving under the influence of alcohol. His DUI conviction should not be treated as his third offense in 10 years for sentencing purposes based on his prior conviction in Ohio, for physical control of a vehicle while under the influence, that was improperly classified as substantially similar to Pennsylvania’s offense of a DUI. Vacated.
Court: Pennsylvania Superior Court, Judge: Beck, Filed On: May 9, 2024, Case #: J-A06036-24, Categories: Criminal Procedure, Sentencing, Dui
J. Conley denies the state military affairs department's motion for summary judgment in the federal government's lawsuit on behalf of an employee claiming the department discriminated against her by offering her a lower salary for a promotion than the male applicant it ultimately hired for the position. There is enough evidence in the record at this point for a reasonable jury to find that the employee's sex motivated the department to use pretexts to offer her a $78,000 salary, which was below the posted minimum of $79,040, then offer her the minimum and pay the male applicant it hired $85,000 for the same job when she turned it down. The employee's motion to file a sur-reply brief is granted.
Court: USDC Western District of Wisconsin, Judge: Conley, Filed On: May 9, 2024, Case #: 3:23cv60, NOS: Employment - Civil Rights, Categories: Employment Discrimination
The appeals court upholds the trial court denial of an anti-SLAPP motion that an ex-wife filed in response to her ex-husband's petition for a restraining order. Emails she sent about a lawsuit she planned to file against him were protected by litigation privilege, but others were unrelated and unprotected. However, using the litigation privilege in support of an anti-SLAPP motion to bar his petition for a restraining order would run counter to the purpose of litigation privilege. A restraining order would not limit her access to the judicial process, and preventing him from filing for one would limit his. And he met his prima facie burden of showing that her emails were sufficiently abusive under statute to withstand her anti-SLAPP motion. Affirmed.
Court: California Courts Of Appeal, Judge: Per curiam, Filed On: May 9, 2024, Case #: H049873, Categories: Anti-slapp, Restraining Order
J. Quinn finds that the lower court improperly awarded certain damages in this dispute involving a well drilling business and two former employees. The court concludes that the $1.53 million award for lost profits was in error, as it was not sufficiently supported by the evidence. The finding of $1.1 million in damages to the parent corporation was supported by the evidence, however. Reversed in part.
Court: Texas Courts of Appeals, Judge: Quinn, Filed On: May 9, 2024, Case #: 07-23-00378-CV, Categories: Employment, Damages, Fiduciary Duty
J. Tenney finds that police lacked reasonable suspicion for a traffic stop during which drugs were found. The officer testified that he did not see any traffic violations but stopped defendant because he had recently been stopped for driving without a license. However, the officer did not have any new information about his license status and the months-old citation did not give police reasonable suspicion to detain him. Reversed.
Court: Utah Court Of Appeals, Judge: Tenney, Filed On: May 9, 2024, Case #: 20220313-CA, Categories: Drug Offender, Search
J. Mortensen finds that the trial court properly denied a phone book publisher's motion for judgment as a matter of law because of ambiguity in the terms of a contract with a plumber for a phone book listing. Extrinsic evidence was properly admitted to resolve the ambiguities. And attorney fees to the plumber were supported by its success in defending the contract claim. Affirmed.
Court: Utah Court Of Appeals, Judge: Mortensen, Filed On: May 9, 2024, Case #: 20220339-CA, Categories: Evidence, Attorney Fees, Contract
Per curiam, the appellate division finds that the lower court improperly dismissed a constructive eviction claimed filed by a tenant due to Legionella bacteria contamination in its building. This is a commercial lease, not a residential one, so the implied warranty of habitability does not apply. Although the contamination did not constitute a casualty under the lease, there is still good reason to permit discovery over damages. Reversed in part.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: May 9, 2024, Case #: 02580, Categories: Landlord Tenant, Discovery
Per curiam, the appellate division finds that the lower court properly dismissed a negligence claim due to failure to prove a serious injury under the meaning of state insurance laws. Although the injured party offered an MRI scan to prove the injuries, a defense expert opined that the low impact of the accident in question could not have caused the claimed injuries, which rather appeared to be degenerative in nature. The medical records themselves contain no evidence of bodily limitations contemporaneous with the accident, but rather merely the report of a pain management doctor who examined the injured person years later. Affirmed.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: May 9, 2024, Case #: 02600, Categories: Negligence, Experts
Per curiam, the court of appeals grants the pest control company's petition for a writ of mandamus. The company seeks to compel the trial court to withdraw its order denying its motion to compel a physical and mental examination of the parties in a car collision case. Expert examination is required to obtain a fair trial and, therefore, necessitates the intrusion upon the injured parties' privacy.
Court: Texas Courts of Appeals, Judge: Per curiam, Filed On: May 9, 2024, Case #: 09-24-00007-CV, Categories: Tort, Vehicle, Experts
Per curiam, the Florida Supreme Court finds that the court of appeal properly ruled in personal injury claims brought by the surviving spouse because the marriage need not have occurred prior to the injury for a surviving spouse to recover damages. Affirmed.
Court: Florida Supreme Court, Judge: Per curiam, Filed On: May 9, 2024, Case #: SC2022-0597, Categories: Damages, Negligence
J. Barnes finds the district court improperly found in favor of the insurance claimant. The adult son was injured in an accident arising from his mother's loss of control of her vehicle and filed a negligence suit against her. She filed a third-party petition against the insurer alleging breach of contract and bad faith, and was awarded compensatory and punitive damages, as well as attorney fees. The mother's argument the insurer failed to indemnify her because it denied coverage prior to suit is without merit. There is no basis for her claim the insurer breached its duty of good faith and fair dealing. Reversed.
Court: Oklahoma Courts Of Appeal, Judge: Barnes , Filed On: May 9, 2024, Case #: 120117, Categories: Insurance, Negligence, Contract
J. Kagan finds that the circuit properly held that copyright infringement claims allow copyright owners to obtain monetary relief for damages in timely filed claims, and thus the three-year limit for filing the action did not limit damages to three years. Affirmed.
Court: US Supreme Court, Judge: Kagan, Filed On: May 9, 2024, Case #: 22-1078, Categories: Civil Procedure, Copyright, Damages
J. Russel finds the lower court improperly reversed the defendant's convictions. A bystander called the police when they noticed a man slumped over his steering wheel. The police awakened the defendant and detected a strong odor of alcohol on his breath and a faint odor of marijuana. Officers searched the car and found in the glove compartment a loaded pistol and a bag with 24 grams of heroin. The defendant successfully argued to the lower court that he didn't know about the contraband since the car was his mother's and only drove it several days a week. Maintenance receipts in the glovebox showed he used the car more frequently than led on, and their existence showed he likely knew what was in the glove box. Reversed.
Court: Virginia Supreme Court, Judge: Russel , Filed On: May 9, 2024, Case #: 230511 , Categories: Drug Offender, Evidence, Dui
J. Lynch finds that the lower court properly dismissed a republican and conservative challenge to the constitutionality of New York's Early Mail Voter Act, which permits registered voters to apply to vote early by mail in any election in which they are eligible to vote. No implied prohibition to universal mail-in voting is contained within the absentee ballot provisions of the state constitution, nor does the constitution otherwise require in-person voting. Affirmed.
Court: New York Appellate Divisions, Judge: Lynch, Filed On: May 9, 2024, Case #: CV-24-0281, Categories: Constitution, Elections
J. Montoya-Lewis finds that the court of appeals properly ruled that the trial court should not have dismissed the personal injury dispute due to a failure to properly serve one of the parties. The person that was served was an HR manager at the business being sued, and given her employment position there, she was a proper person who could be served in a legal dispute. The case may now proceed to trial. Affirmed in part.
Court: Washington Supreme Court, Judge: Montoya-Lewis, Filed On: May 9, 2024, Case #: 102147-0, Categories: Civil Procedure, Tort