161 results for 'filedAt:"2023-08-10"'.
J. Harjani denies the Chicago Transit Authority’s motion for a new trial on liability and damages, damages alone or a remittitur on jury award, stemming from the underlying race discrimination and retaliation case brought by an electrician. At trial, the jury returned a split verdict by finding the transit agency not liable for race discrimination, but siding with the electrician on his retaliatory harassment claims and awarding him $99,000 in damages. The court finds that a new trial is not warranted because nothing in the jury’s verdict was against the manifest weight of the evidence.
Court: USDC Northern District of Illinois, Judge: Harjani, Filed On: August 10, 2023, Case #: 1:20cv6093, NOS: Employment - Civil Rights, Categories: Damages, Employment Discrimination, Employment Retaliation
J. Holland grants in part a motion to exclude certain expert opinions in an insurance dispute regarding a roof failure. The insurer paid a portion of the repair estimate, claiming that the estimate included upgrades not required by "ordinance or law." The insurer also found that the roof failed due to poor construction rather than snow load, as the insured claimed. The insurance industry standards expert is not qualified to opine on whether the repair proposal would bring the building back up to code because he is not a building codes or construction expert. The expert's opinion on the defective design exclusion is his own opinion on the correct interpretation of the insurance contract, which is a legal conclusion, and must be excluded. The expert's opinion regarding the insurance company's net worth, as a “former head auditor and CPA with special expertise in
insurance accounting" shall be allowed.
Court: USDC Alaska, Judge: Holland, Filed On: August 10, 2023, Case #: 4:20cv23, NOS: Insurance - Contract, Categories: Insurance, Experts
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J. Colloton finds a lower court properly sentenced a defendant to 60 months in prison after a jury convicted him for possessing a firearm as a felon. The defendant argued that his sentence is unreasonable and that he is entitled to exclude evidence concerning 911 phone calls placed by his girlfriend. However, the government presented sufficient evidence in court that his girlfriend was forced to place the call after the defendant threatened her with a gun in order to obtain a password to unlock a cell phone. Affirmed.
Court: 8th Circuit, Judge: Colloton, Filed On: August 10, 2023, Case #: 22-2604, Categories: Evidence, Firearms, Sentencing
J. Wollman finds a lower court properly dismissed negligent design claims against a urinary catheters manufacturer brought by a implant patient. The implant patient argued that the manufacture is liable for injuries she suffered following a mesh device implantation procedure. However, the implant manufacturer sufficiently showed in court that the patient failed to disclose her expert witness in a timely manner. Affirmed.
Court: 8th Circuit, Judge: Wollman, Filed On: August 10, 2023, Case #: 22-2731, Categories: Health Care, Negligence, Discovery
J. Hamblen finds a lower court improperly dismissed a civilian’s claims for after care services following a stay in a hospital. The health and social care authority argued that she should be detained in a health care facility based on mental health challenges. However, the civilian’s representation provided sufficient evidence in court that she is able to make a decision as to where she resides. Remanded.
Court: Supreme Court of the United Kingdom, Judge: Hamblen, Filed On: August 10, 2023, Case #: 23UKSC31, Categories: Civil Rights, Health Care, Housing
J. Steadman finds the D.C. Circuit properly upheld a local law that requires licensed alcoholic beverage dealers to store their inventory within the district. A winery with inventory in Virginia fails to show the law violates the dormant Commerce Clause. Affirmed.
Court: DC Court of Appeals, Judge: Steadman, Filed On: August 10, 2023, Case #: 22-AA-0017 , Categories: Commerce, Constitution
J. Robart finds in favor of the scientific application company for its claim that the security brokers corporation owes $461,800 for using the research vessel known as "R/V OCEAN TITAN." The scientific application company performed its obligations under the charter as it timely delivered the R/V OCEAN TITAN for 20 days, the security brokers corporation agreed to pay $33,700 per day, and the security brokers corporation said that the research vessel was adequate.
Court: USDC Western District of Washington, Judge: Robart, Filed On: August 10, 2023, Case #: 2:21cv1712, NOS: Marine - Contract, Categories: Maritime, Attorney Fees, Contract
Per curiam, the appellate division finds that the lower court properly held that defendant's prior murder sentence had to run consecutive to a subsequent sentence for burglary, possession of a weapon, and attempted assault while on parole because defendant had been designated a second violent felony offender for the crimes committed on parole. Affirmed.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: August 10, 2023, Case #: CV-23-0053, Categories: Murder, Parole, Sentencing
J. Watkins finds that the trial court properly convicted defendant of sale of a controlled substance and possession of a controlled substance with intent to distribute. Sufficient evidence was presented to support defendant's conviction for sale of a controlled substance. Defendant's counsel was not deficient for failing to object to the admission of a phone call in which a third party said defendant would sell meth to an informant. Objecting to the evidence on confrontation clause grounds would have been meritless because statements to an informant are nontestimonial in nature. Affirmed.
Court: Georgia Court of Appeals, Judge: Watkins, Filed On: August 10, 2023, Case #: A23A0927, Categories: Confrontation, Drug Offender, Ineffective Assistance
J. Boomgaarden finds that the lower court properly sentenced defendant on drug convictions. Defendant claims that his two consecutive sentences violate double jeopardy rules, but the two sentences are derived from two separate offenses and two separate drug transactions. The rules of double jeopardy and the protections against them do not relate here and were not violated. Affirmed.
Court: Wyoming Supreme Court, Judge: Boomgaarden, Filed On: August 10, 2023, Case #: S-23-0070, Categories: Drug Offender, Double Jeopardy
Per curiam, the appellate division finds that attorney Alexander Russell Shmulsky, suspended for one year for misconduct by having a sexual relationship with a matrimonial client and misusing a retainer agreement, may be reinstated. Although Shmulsky complied with the order of suspension and demonstrated a support system to avoid future misconduct, additional safeguards are needed, including bars on solo practice and in matrimonial or family law for five years.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: August 10, 2023, Case #: PM-168-23, Categories: Attorney Discipline
J. Alikhan upholds the probate court's interpretation of a deed that a father had originally conveyed as a tenancy by the entirety to his son as one creating a joint tenancy with a right of survivorship to the son. The probate court properly relied on the father's intent when it determined the son was the owner of the property after the father's death. Affirmed.
Court: DC Court of Appeals, Judge: Alikhan, Filed On: August 10, 2023, Case #: 22-PR-0338, Categories: Property, Wills / Probate
J. Montoya-Lewis finds that the lower court properly in part applied community custody conditions against defendant, who is serving a life sentence in community custody for child molestation. While the conditions against sexual materials and dating are not vague and hold up to scrutiny, the sentencing review board imposed a marijuana condition that is not related to defendant's conduct and was an overstep of the board's authority. Affirmed in part.
Court: Washington Supreme Court, Judge: Montoya-Lewis, Filed On: August 10, 2023, Case #: 100753-1 , Categories: Sentencing, Sex Offender
Per curiam, the Fifth Circuit finds the district court properly made an upward departure from sentencing guidelines on the Mexican citizen’s guilty plea conviction for illegally reentry after prior deportation. Defendant has been deported repeatedly, as well as having been convicted for felony burglary, multiple thefts, domestic violence, false claim of U.S. citizenship, tampering with a government record, evading arrest and more. Misstatements made by the prosecution as to defendant’s previous charges and sentences did not affect his substantial rights. Defendant cites no authority for other challenges and the Fifth Circuit has previously affirmed the reasonableness of a 72-month sentence for illegal reentry. Affirmed.
Court: 5th Circuit, Judge: Per curiam, Filed On: August 10, 2023, Case #: 22-40720, Categories: Immigration, Sentencing, Due Process
J. Readler finds that defendant was properly sentenced as an armed career criminal. All of his previous drug trafficking and robbery convictions qualify as crimes of violence under the relevant statute and required a 15-year minimum sentence for his most recent firearm possession conviction. Affirmed.
Court: 6th Circuit, Judge: Readler, Filed On: August 10, 2023, Case #: 22-5567, Categories: Firearms, Sentencing
J. Kelley allows a government agency’s motion for summary judgment against an individual suing it for failure to provide him with all immigration-related documents he requested. Only one document was missing and, while the individual noted that the agency failed to search an internal shared drive, it chose not to do so because that shared drive contained drafts rather than final decisions.
Court: USDC Massachusetts, Judge: Kelley, Filed On: August 10, 2023, Case #: 1:21cv11817, NOS: Freedom of Information Act (FOIA) - Other Suits, Categories: Immigration, Public Record, Discovery
J. Georges affirms the defendant’s conviction for assault and battery by means of a dangerous weapon. While the victim’s girlfriend wished to recant her statements to police, which she claimed the victim pressured her to make, and her grand jury testimony, the admitted parts of her testimony qualify as hearsay exemptions to inconsistent statements previously made under oath.
Court: Massachusetts Supreme Court, Judge: Georges, Filed On: August 10, 2023, Case #: SJC-13383, Categories: Assault, Battery, Witnesses
J. Groves finds the trial court properly admitted evidence of a shooting that occurred three days after the murder and paralyzed defendant. The timing of his injuries was relevant in proving he was physically capable of committing the murder, while no ballistics evidence from the second shooting linked defendant to the shooting of the victim, which prevented any prejudicial impact. Meanwhile, although there was no eyewitness testimony, the circumstantial evidence was sufficient to convict defendant of murder because it proved he discovered his ex-girlfriend's relationship with the victim immediately before the shooting, disposed of a gun shortly after the murder, and attempted to persuade a witness not to testify. Affirmed.
Court: Ohio Court Of Appeals, Judge: Groves, Filed On: August 10, 2023, Case #: 2023-Ohio-2770, Categories: Evidence, Murder
J. Quinn finds that the lower court improperly rendered final summary judgment in favor of the appellees in this dispute regarding the right of first refusal to repurchase certain land. The appellees failed to establish their "entitlement to summary judgment as a matter of law," based on a material question of fact. Reversed.
Court: Texas Courts of Appeals, Judge: Quinn, Filed On: August 10, 2023, Case #: 07-23-00035-CV, Categories: Real Estate, Contract
J. Saylor grants a company’s motion to dismiss counterclaims brought by an individual against it after it sought a declaration of its exclusive right to its trademark and logo in the United States internet-based healthcare services sector and to prevent the individual from using that trademark and logo. The individual fails to substantially prove that his commercial interests have been negatively impacted by the company.
Court: USDC Massachusetts, Judge: Saylor, Filed On: August 10, 2023, Case #: 1:21cv10972, NOS: Trademark - Property Rights, Categories: Health Care, Trademark, Technology