161 results for 'filedAt:"2023-06-13"'.
J. Randolph reverses the district court's dismissal of an individual's second action related to her allegations she was sexually abused by a teacher when she was 14 years old and remained in the relationship for five years. The statute of limitations changed between the dismissal of her first action, which was dismissed for untimeliness, and the filing of her second action, which was dismissed on res judicata grounds. Reversed.
Court: DC Circuit, Judge: Randolph, Filed On: June 13, 2023, Case #: 22-7021, Categories: Civil Procedure, Tort
J. Pepper adopts the magistrate judge’s recommendation to dismiss the daughter’s wrongful death and medical malpractice lawsuit against the hospital, hospice, nursing home and medical workers over the death of her mother, as well as alleged harassment and discrimination from her neighbors. Because none of the daughter’s claims coherently invoke federal law, her objections to the magistrate’s recommendation are overruled and the case is dismissed for failure to state a claim.
Court: USDC Eastern District of Wisconsin, Judge: Pepper, Filed On: June 13, 2023, Case #: 2:21cv1440, NOS: Personal Injury - Medical Malpractice - Torts - Personal Injury, Categories: Tort, Negligence, Medical Malpractice
J. McKinnon finds that the trial court admission of evidence from jailhouse informants did not compromise defendant's right to counsel. The informants were not state agents since they did not benefit from an agreement with the state or receive instructions from the state when they elicited information from defendant about two murders and one attempted murder. Also, though detectives did not discourage the informants from eliciting information, they did not encourage the behavior either. Affirmed.
Court: Montana Supreme Court, Judge: McKinnon, Filed On: June 13, 2023, Case #: DA 19-0471, Categories: Murder, Witnesses
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J. Mead finds that the lower court properly convicted defendant for gross sexual assault following a jury trial. Defendant argues that the lower court erred by declining to answer a specific question from the jury, but he waived his objection "by agreeing to the court's response to the note." However, his sentence should be vacated and the case remanded for a new sentencing hearing. Affirmed in part.
Court: Maine Supreme Court, Judge: Mead, Filed On: June 13, 2023, Case #: 2023ME35, Categories: Sentencing, Sex Offender
J. Beckerman partially grants the business management consultant's motion to vacate a default judgment in favor of the engineering services company for its claim that the consultant infringes on the engineering company's trademark. The record suggests that the consultant did not receive notice of the action until after default judgment was entered, at which point it appeared. As such, the engineering company's post-judgment requests for attorney fees and bill of costs are denied.
Court: USDC Oregon, Judge: Beckerman, Filed On: June 13, 2023, Case #: 3:21cv1584, NOS: Trademark - Property Rights, Categories: Trademark, Attorney Fees
J. Triana finds the trial court properly ruled in its final divorce decree between a husband and wife when it determined that the wife had wasted the couple's community assets and committed fraud. The former wife used the couple's assets to fund an ongoing affair, which subsequently led to the divorce. Based on these facts, it can be concluded that the former wife wasted their assets and committed fraud. Affirmed.
Court: Texas Courts of Appeals, Judge: Triana, Filed On: June 13, 2023, Case #: 03-21-00517-CV, Categories: Family Law, Fraud
J. Miller finds that the trial court properly granted the state's motion to dismiss the voter's and non-profit organization's injunctive and declaratory relief action alleging that Georgia's ballot marking devices do not comply with state law. The non-profit claimed that the QR code generated by the ballot marking devices does not allow voters to verify whether their voting choices were accurately recorded. The non-profit failed to state a claim upon which relief could be granted or show that there is any danger of actual injury. The statute does not require that the ballot QR code be readable by a voter and the non-profit fails to dispute that voters can read their voting choices on the printed paper ballot. Affirmed.
Court: Georgia Court of Appeals, Judge: Miller, Filed On: June 13, 2023, Case #: A23A0004, Categories: Elections
[Modified.] J. Wiley changes several sentences regarding intentionality in a manslaughter case and denies a petition for rehearing with no change in judgment. Defendant's conviction for being a felon in possession of a firearm did not violate the Second Amendment, which is a constitutional right limited by Supreme Court decisions. Any error by the state's characterization of the provocation needed to support a voluntary manslaughter instruction was harmless, defendant was not due a self-defense instruction because no evidence showed he thought he was in danger, and involuntary manslaughter was off the table because he deliberately loaded a gun and moved to confront the victim at close quarters. The trial court must correct its sentencing order so that the 16-month sentence for the firearm conviction runs concurrently with his murder sentence. Reversed in part.
Court: California Courts Of Appeal, Judge: Wiley, Filed On: June 13, 2023, Case #: B319448, Categories: Firearms, Manslaughter
J. Schreier finds that an insurance company is not liable for claims of fraud, negligence and misrepresentation in a matter involving a project that the Western Area Power Administration sought to complete. The energy company failed to meet its burden to prove any claims or to show why it is legally entitled to pursue a breach of contract claim.
Court: USDC South Dakota, Judge: Schreier, Filed On: June 13, 2023, Case #: 4:20cv4033, NOS: Insurance - Contract, Categories: Fraud, Negligence, Contract
[Consolidated.] J. Garcia finds that the appellate division improperly held that a music producer known as "Dr. Luke" is not a public figure in defamation claims brought against singer-songwriter client Kesha, who sought to void their contract based on allegations that he raped her early in their business dealings. Due to Dr. Luke's "purposefully" promoting himself and his label to the media, he is a limited public figure who must demonstrate actual malice on Kesha's part to prove defamation. Furthermore, five of the allegedly 25 defamatory statements cited in his action were privileged; the other 20 must go to a jury to decide whether they had been brought for the sole purpose of pressuring Dr. Luke to release Kesha from her contract. Reversed in part.
Court: New York Court Of Appeals, Judge: Garcia, Filed On: June 13, 2023, Case #: 33, Categories: Defamation, Privilege
J. McGrath finds that the district court was within its discretion to deny a company's motion to disqualify a property owner's attorney. The company failed to show that the attorney's representation of one of its managers in a private real estate matter created a concurrent conflict of interest with the attorney's representation of the property owner in an easement dispute with the company. Affirmed.
Court: Montana Supreme Court, Judge: McGrath, Filed On: June 13, 2023, Case #: DA 22-0608, Categories: Civil Procedure, Property
Per curiam, the court of appeals finds that the appellate division improperly dismissed ineffective assistance claims brought after defendant was forced to wear a stun belt at his murder trial. The decision, which had been made by "non-judicial personnel" and without the knowledge of the prosecution or the court, did not constitute procedural error but raised questions as to whether counsel had an explanation for declining to object or whether defendant had consented to wearing the belt. Reversed.
Court: New York Court Of Appeals, Judge: Per curiam, Filed On: June 13, 2023, Case #: 73 SSM 5, Categories: Fair Trial, Ineffective Assistance
J. Rice finds that the district court properly ordered a county to release video and other records of a traffic stop which resulted in misdemeanor charges against a state senator. The senator's privacy interest in his confidential criminal justice information was largely outweighed by the merits of public disclosure, and certain personal identification information was properly redacted. Affirmed.
Court: Montana Supreme Court, Judge: Rice, Filed On: June 13, 2023, Case #: DA 22-0182, Categories: Public Record, Vehicle
J. Smith finds that the lower court improperly awarded attorney fees in this dispute over services provided at an apartment complex. The lower court rendered judgment in favor of the cleaning company, and there is a proper basis to award attorney fees. However, there were multiple charges that were severable. Accordingly, the issue of attorney fees should be remanded "to determine which fees are recoverable." Reversed in part.
Court: Texas Courts of Appeals, Judge: Smith, Filed On: June 13, 2023, Case #: 05-22-00493-CV, Categories: Civil Procedure, Attorney Fees
J. Rushing finds the lower court properly convicted the immigrant of illegally reentering the United States after an aggravated felony conviction. The immigrant failed to show vindictive prosecution by the government. The government sought harsher charges than the original charge of being an illegal immigrant with a firearm after stopping him at a traffic stop when they found out he had been removed from the country before and illegally reentered while trying to strengthen their case. Affirmed.
Court: 4th Circuit, Judge: Rushing, Filed On: June 13, 2023, Case #: 20-4297, Categories: Immigration, Malicious Prosecution, Firearms
J. Pirtle finds the county court properly renewed a domestic abuse protection order against the father without holding a hearing. The father argues that the court’s definition of “abuse” varies from the definition found in the relevant statute, though he does not specifically state what the difference is. The ex parte order with which he was served provided that he had 10 days to request a hearing. The record contains no indication that one was requested. Affirmed.
Court: Nebraska Court Of Appeals, Judge: Pirtle, Filed On: June 13, 2023, Case #: A-22-940, Categories: Due Process, Restraining Order
[Consolidated.] J. Pirtle finds the county court properly terminated a mother’s parental rights to her three minor children, precipitated by Health and Human Services’ finding of hazardous and unsanitary living conditions as well as physical neglect. The father relinquished his parental rights after a domestic abuse protection order was entered against him. The mother’s lack of progress toward reunification and her difficulty maintaining separation from the father make an adequate showing of unfitness, supporting a best interest finding. Affirmed.
Court: Nebraska Court Of Appeals, Judge: Pirtle, Filed On: June 13, 2023, Case #: A-22-758, Categories: Family Law, Guardianship
J. Duncan finds the trial court properly convicted a DEA agent and task force leader for multiple counts of falsifying government documents, obstruction of justice, perjury and property conversion, sentencing him to 160 months in prison. The record shows that the court would have imposed the same sentence for the same reasons, and any error in applying a perjury cross-reference and other enhancements were harmless. Testimony relied on to calculate losses caused by defendant’s conversion of arrestee’s money, cell phones and jewelry is the same that supports the convictions, and “bears sufficient indicia of reliability to support” the calculations. Affirmed.
Court: 5th Circuit, Judge: Duncan, Filed On: June 13, 2023, Case #: 21-30501, Categories: Obstruction, Perjury, Forgery
J. Maxa remands a sentencing dispute regarding defendant's claims that he was improperly sentenced for his murder conviction. Defendant claims that the lower court did not consider his youth during resentencing, which the lower court was not legally required to consider. The matter is remanded, however, to strike a DNA collection fee and community custody supervision fees that were a part of the sentence. Affirmed in part.
Court: Washington Court Of Appeals, Judge: Maxa, Filed On: June 13, 2023, Case #: 56984-1-II, Categories: Murder, Sentencing
J. Rose grants, in part, the hospital's motion for summary judgment, ruling that because its contract with the mask supplier explicitly required the delivery of 3M N95 masks, the supplier breached the agreement when it sent counterfeit products that had to be returned.
Court: USDC Southern District of Ohio, Judge: Rose, Filed On: June 13, 2023, Case #: 3:21cv136, NOS: Other Fraud - Torts - Personal Property, Categories: Fraud, Health Care, Contract