J. Pillard reverses the tax court's finding the IRS does not have the authority to assess and collect a $500,000 penalty against a taxpayer who initially failed to report his ownership of Belizean corporations. Congress authorized the agency to assess these types of penalties, and the agency is not required to sue taxpayers in federal court to collect the penalties. Reversed.
Court: DC Circuit, Judge: Pillard, Filed On: May 3, 2024, Case #: 23-1179, Categories: Tax
J. McCool finds that the lower court properly convicted and sentenced defendant to death on multiple counts of capital murder. On appeal, defendant fails to show that his public-trial rights were violated. Also, he fails to show that a protection order was no longer in effect at the time of his wife’s death. Affirmed.
Court: Alabama Court of Criminal Appeals, Judge: McCool, Filed On: May 3, 2024, Case #: CR-21-0044, Categories: Death Penalty, Murder
J. Marconi grants the motion for leave to amend a complaint brought by a pedestrian who was injured when he tripped due to a hole in a public sidewalk in Conway, New Hampshire. The pedestrian has the opportunity to include, in his complaint, allegations that satisfy the particularity requirement, which he has failed to achieve so far. Reversed in part.
Court: New Hampshire Supreme Court, Judge: Marconi, Filed On: May 3, 2024, Case #: 2022-0648, Categories: Insurance, Municipal Law, Damages
Per curiam, the appeals court finds the trial court improperly dismissed with prejudice the county's breach of contract lawsuit against the county fair association alleging the latter's failure to redevelop real estate where an annual county fair would be held since leasing the land in 1964. The county's amended complaint sufficiently alleges a "continuing breach" of the parties' contract such that the relevant five-year statute of limitations does not apply. The case is remanded for further proceedings. Reversed.
Court: Florida Courts Of Appeal, Judge: Per curiam, Filed On: May 3, 2024, Case #: 23-1060, Categories: Real Estate, Contract
J. Saylor denies in part several funds and their chairman’s motion for summary judgment against their former administrator who is being sued for breach of fiduciary duty and has asserted counterclaims for sexual harassment, creating a hostile work environment, retaliation for reporting harassment and failure to accommodate her Type 1 diabetes. The chairman repeatedly behaved inappropriately and made sexual comments to the administrator, such as telling her that he wanted her and had a crush on her and that his wife wasn’t taking care of him, attempting to kiss her against her will immediately after screaming and swearing at her after she gave told him his behavior made her uncomfortable, and if the breasts of an employee on medical leave for breast cancer were “any good.”
Court: USDC Massachusetts, Judge: Saylor, Filed On: May 3, 2024, Case #: 1:21cv10163, NOS: Employee Retirement Income Security Act (ERISA) - Labor, Categories: Employment, Employment Discrimination, Employment Retaliation
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J. Waples finds the lower court improperly approved the magistrate’s order telling a mother to repay a father child support, which is in arrears, in this case originally begun in Canada. The magistrate had discretion when using a different currency-exchange method to calculate the amount in arrears, but improperly ordered the mother to pay the father for overpayments due to the recalculations. Therefore, the magistrate had discretion to use a different method, but the mother should not repay the father $11,892. Affirmed in part. Reversed in part. Vacated.
Court: Vermont Supreme Court, Judge: Waples, Filed On: May 3, 2024, Case #: 23-AP-254, Categories: Family Law, Settlements
J. Jackson finds that the trial court properly denied a juvenile's motion to suppress firearms found in the car he was driving. A marijuana blunt in plain sight during a valid traffic stop gave police probable cause to search the car. Open containers of marijuana in a moving motor vehicle are unlawful, marijuana in blunt form is an open container since the wrapping paper does not present a barrier to accessing it and minors may not possess any amount of marijuana. Affirmed.
Court: California Courts Of Appeal, Judge: Jackson, Filed On: May 3, 2024, Case #: A167331, Categories: Drug Offender, Juvenile Law, Search
J. McDonald finds that the lower court properly allowed a foundation to continue claims concerning the ownership of property and historical artifacts displayed in the official residence of the Iowa governor because the state waived immunity upon voluntarily creating legal relationships with private citizens and the foundation. Affirmed.
Court: Iowa Supreme Court, Judge: McDonald, Filed On: May 3, 2024, Case #: 22/1995, Categories: Property, Immunity
J. Christensen finds that the juvenile was improperly denied additional expert witness fees at state expense regarding weapon and drug violations because the state failed to outline the reasons for denying a doctor's drive-time expenses. Reversed.
Court: Iowa Supreme Court, Judge: Christensen, Filed On: May 3, 2024, Case #: 23-0214, Categories: Juvenile Law, Experts
J. May finds that the lower court properly held that the city was immune from negligent hiring claims contending an unqualified employee's inspection of a privately owned building precipitated a lawsuit after a woman fell down a set of stairs because the woman failed to prove city misconduct. Reversed.
Court: Iowa Supreme Court, Judge: May, Filed On: May 3, 2024, Case #: 23-0917, Categories: Property, Immunity, Negligence
J. Pate finds the Alaska Workers’ Compensation Board properly denied disability benefits to a pilot injured in a 1985 crash. The Appeals Commission correctly concluded that substantial evidence supported the Board’s decision. Affirmed.
Court: Alaska Supreme Court, Judge: Pate, Filed On: May 3, 2024, Case #: S-18526, Categories: Workers' Compensation
[Consolidated] J. Pate finds the superior court erred in approving confidential treatment of certain financial statements an oil company submitted to the Regulatory Commission of Alaska to decide whether an oil company seeking to operate Alaska’s largest pipeline had the financial capacity to do so consistent with the best interests of the public. The city “fulfilled the purposes of the exhaustion requirement by creating a factual record, allowing the RCA to exercise its expertise, and giving the agency the opportunity to correct its own errors without judicial involvement.” Reversed.
Court: Alaska Supreme Court, Judge: Pate, Filed On: May 3, 2024, Case #: S-18178, Categories: Public Record
[Consolidated.] J. Smith finds a lower court properly dismissed a defendant's motion to remain in the U.S. The defendant, who was arrested and convicted for possession of illegal drugs, argued that he was entitled to a deferral of removal under the Convention Against Torture Act, and then a bid for reconsideration after the board of immigration appeals denied his application for CAT. However, the government sufficiently showed in court that he was not entitled to relief based on lack of evidence that he would be tortured by a drug cartel and high ranking, corrupt officials in Mexico. Affirmed.
Court: 8th Circuit, Judge: Smith, Filed On: May 3, 2024, Case #: 22-2474, Categories: Drug Offender, Evidence, Immigration
J. Sellers finds the lower court properly granted an assistant district attorney's motion to dismiss claims of prosecutorial misconduct by an inmate who received a mistrial on a conviction of sexually assaulting a child but was convicted after a retrial. The relevant statute does not allow a prisoner to "use a rule of civil procedure to collaterally attack a criminal judgment." Affirmed.
Court: Alabama Supreme Court, Judge: Sellers, Filed On: May 3, 2024, Case #: SC-2023-0945, Categories: Negligence, Due Process, Jurisdiction
J. Trauger transfers this action to the Middle District of Florida based on the pro se plaintiff's place of residence. The complaint, which was filed against Sean "P. Diddy" Combs and other entertainment entities, fails to show a connection to the Middle District of Tennessee. Accordingly, the court concludes that venue is improper.
Court: USDC Middle District of Tennessee , Judge: Trauger, Filed On: May 3, 2024, Case #: 3:24cv158, NOS: Other Personal Injury - Torts - Personal Injury, Categories: Civil Procedure, Venue
J. Wall finds a lower court properly sentenced a defendant to life imprisonment without possibility of parole for 25 years following the shooting death of a 12-year-old boy who sold him a BB gun and not Glock pistol. The defendant argued that he was denied a fair trial when the State interviewed prospective jurors and asked them if they would do their "job" in court, unfairly suggested that he was not thinking about his daughter while committing a violent crime, and then erred in certifying him as an adult. However, the State presented sufficient evidence in court that the defendant submitted three versions of the incident, falsely claiming that he took the rap for the actual killer because he was "freaked out," and then attempted to reframe an evidentiary challenge as a prosecutorial error. Affirmed.
Court: Kansas Supreme Court, Judge: Wall, Filed On: May 3, 2024, Case #: 125430, Categories: Evidence, Firearms, Murder
J. Hill finds a lower court improperly granted summary judgment to Bass Pro on a consumer's product defect claims concerning the purchase of a Beretta APX 9mm pistol for self- protection, which was stored under the driver's seat of his vehicle with a user manual. Bass Pro argued that is was not liable when the consumer misused the firearm in close proximity to his football teammate, after boasting that he could disassemble the weapon in "2.2 seconds," which resulted in an accidental gun shot that left the teammate with a leg amputation. However, the consumer sufficiently showed that he did not commit a "volitional" act based on his belief that the weapon would not fire when he removed the magazine to disarm it. Reversed.
Court: Kansas Courts Of Appeal, Judge: Hill, Filed On: May 3, 2024, Case #: 126314, Categories: Negligence, Product Liability
J. Windom finds on return to remand that the lower court improperly granted defendant's motion to dismiss a charge for receiving stolen property, in connection with a rental truck that was allegedly reported as stolen after it was not "returned as scheduled." The lower court erred by dismissing the charge based on speedy trial grounds. Reversed.
Court: Alabama Court of Criminal Appeals, Judge: Windom, Filed On: May 3, 2024, Case #: CR-2023-0867, Categories: Speedy Trial, Property
J. Egerton finds that the trial court properly admitted defendant's confession before denying his petition for resentencing on murder, robbery and burglary convictions. He forfeited his claim that his confession was involuntary by failing to raise in at trial, and resentencing hearings, which have a narrow purpose, are not the place to litigate evidentiary issues for the first time. Affirmed.
Court: California Courts Of Appeal, Judge: Egerton, Filed On: May 3, 2024, Case #: B324572, Categories: Evidence, Murder, Sentencing
J. Durkin partially grants motions for summary judgment from both the FBI and the journalist who is suing over access to records. The journalist accuses the FBI of illicitly monitoring Arab and Muslim communities in Chicagoland from the late 90s through early 2000s, and sued the bureau for the relevant files. The files the FBI produced were heavily censored, and now the court finds it must lift any redactions in the relevant documents concerning identified individuals’ race, ethnicity and nationality. However, the court will also allow the FBI to withhold documents that the bureau deemed too sensitive to be shown publicly.
Court: USDC Northern District of Illinois, Judge: Durkin, Filed On: May 3, 2024, Case #: 1:17cv4782, NOS: Freedom of Information Act (FOIA) - Other Suits, Categories: Government, Public Record, Privacy
Per curiam, the appellate division finds that defendant was improperly convicted of kidnapping in the second degree because the lower court erroneously held that the merger doctrine did not apply, even if he had not been charged with the lesser offense of menacing. However, the court properly declined to instruct the jury on justification involving the use of ordinary physical force because evidence indicating that defendant applied force to the victim's neck to stop her from breathing could only support the conclusion that defendant used "deadly physical force."
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: May 3, 2024, Case #: KA 22-01350 , Categories: Jury, Kidnapping, Menacing
J. King grants the gas company's motion to amend its complaint that the county denied the gas company's request for reconsideration even though the gas company expressed concerns about how the approved renewal permit would "have a material adverse impact on BEW, and, if implemented by the County, would effectively deprive BEW of the lawful use of its property.” The gas company may add its Section 1983 claim, which alleges that that the county violated due process by not giving the gas company notice of the application for a renewed industrial wastewater discharge permit, because the county does not show how the gas company's alleged failure to exhaust makes the claim futile.
Court: USDC Western District of Washington, Judge: King, Filed On: May 3, 2024, Case #: 2:23cv542, NOS: Other Contract - Contract, Categories: Energy, Contract
J. Mansfield finds that attorney Ta-Yu Yang was properly suspended from practicing law for 60 days because Yang, an experienced immigration attorney, failed to follow proper trust account practices in an immigration action.
Court: Iowa Supreme Court, Judge: Mansfield, Filed On: May 3, 2024, Case #: 23-1833, Categories: Attorney Discipline
J. Cetrulo finds that defendant was properly denied an additional hearing for parole from the 99-year sentence imposed upon his 1987 murder conviction because his prior parole request had been denied, and he had been directed to serve the remainder of his sentence, rendering him ineligible for future parole under KRS 439.3403(2)(b). Affirmed.
Court: Kentucky Court Of Appeals, Judge: Cetrulo, Filed On: May 3, 2024, Case #: 2023-CA-0835-MR, Categories: Murder, Parole, Sentencing