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
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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
J. Bland finds that the court of appeals improperly ruled in favor of a couple's estate in a Medicaid dispute arising out of the denial of assistance from the Texas Health and Human Services Commission. The couple argues that despite their living in an assisted living facility, their shared financial interest in real property should add to their resources. The court of appeals accepted their argument and upheld a reversal of the commission's denial. For the property to be included in the couple's resources, they would need to live in the home, as is required under federal law. Reversed.
Court: Texas Supreme Court, Judge: Bland, Filed On: May 3, 2024, Case #: 22-0437, Categories: Government, Medicaid, Property
J. Silva grants the underwriter's motion for summary judgment. Injury claims were brought against the party rental company after its "trackless train" ride turned over when the driver took it down a steep decline. The company's business license was expired at the time of the accident and the underwriter declined coverage. Nothing in the record disputes the underwriter learned of the company's lack of license after the accident, and that it then stopped collecting premiums. The underwriter did not waive its right to cancel coverage prior to defending the claim.
Court: USDC Nevada, Judge: Silva , Filed On: May 3, 2024, Case #: 2:22cv1884, NOS: Insurance - Contract, Categories: Insurance, Negligence, Contract
J. Reiss denies, in part, a resident’s motion for summary judgment in this case where she accused a sergeant of excessive force during a physical altercation between them while she was detained in the police department. She filed claims of assault, battery, intentional infliction of emotional distress and negligence and violations of her Fourth and 14th Amendment rights. There is a dispute of facts as to the sergeant’s failure to use the department’s response to resistance policy, while a reasonable jury could find that the alleged use of force was extreme, and he did plead guilty to intentionally punching the resident. The chief’s motion for summary judgment is granted as to all claims because the resident failed to address his request for dismissal.
Court: USDC Vermont, Judge: Reiss, Filed On: May 3, 2024, Case #: 2:21cv291, NOS: Other Civil Rights - Civil Rights, Categories: Negligence, Police Misconduct
J. Bright finds that while the attorney's failure to present evidence of the inmate's mental health issues at a hearing to determine whether good cause existed for the untimely filing of his habeas corpus petition may have constituted ineffective assistance of counsel, the inmate's failure to provide any evidence regarding the claim required dismissal of his appeal to this court.
Court: Connecticut Court Of Appeals, Judge: Bright, Filed On: May 3, 2024, Case #: AC43187, Categories: Evidence, Habeas, Ineffective Assistance
Per curiam, the Nebraska Supreme Court finds the district court applied irrelevant case law in finding the Department of Health and Human Services did not breach its duty of care. The foster siblings allege the department breached its duty by placing them with a foster parent who sexually assaulted them. The department's argument relied on an inmate wrongful death-based case establishing tort claims exemption for the state for “[a]ny claim arising out of assault [or] battery.” The court found that another case, involving foster placement and assault applied, ruling the siblings did not provide sufficient evidence to prove the breach. The sovereign immunity analysis cannot focus only on the state's alleged negligence, ignoring that it allowed the assault to occur. Vacated in part.
Court: Nebraska Supreme Court, Judge: Per curiam, Filed On: May 3, 2024, Case #: S-21-1037, Categories: Tort, Immunity, Guardianship
J. Papik finds the trial court properly convicted defendant for murder, assault and use of a deadly weapon to commit a felony. It is undisputed the 16-year-old defendant fired multiple shots after an argument at a shopping mall, killing the victim. Surveillance video showing all events supports the conviction. The court properly excluded the evaluating psychologist's testimony suggesting the initial shot fired by defendant put him in a state of peritraumatic dissociation, as it did not assist the trier of fact to understand the evidence or determine a factual issue. Affirmed.
Court: Nebraska Supreme Court, Judge: Papik , Filed On: May 3, 2024, Case #: S-22-934, Categories: Murder, Weapons, Experts
J. Clark finds the lower court properly granted the adopted descendants' motion for summary judgment on claims filed by the blood relative of the trust's founder. Although one of the descendants had been adopted as an adult, the original trust decree was not a distribution of assets that would have precluded payments to adopted children. Additionally, although the will and trust were executed prior to a 1991 Connecticut law amendment that presumptively included adopted children as beneficiaries, there is no language in the will that indicates the decedent intended to exclude any adopted children or grandchildren. Affirmed.
Court: Connecticut Court Of Appeals, Judge: Clark, Filed On: May 3, 2024, Case #: AC46257, Categories: Civil Procedure, Family Law, Wills / Probate
J. Miller-Lerman finds the county court properly granted summary judgment against the daughter and heir. The heir from the late-mother’s trust provision bequeathing $5 million to each of her children says she has not received the full amount. Gifts the daughter had received during her mother's lifetime were not intended to be separate from the "countable assets" bequests made in the trust instruments, and they reduce the amount received under the provision. Affirmed.
Court: Nebraska Supreme Court, Judge: Miller-Lerman, Filed On: May 3, 2024, Case #: S-23-354, Categories: Trusts, Wills / Probate
J. Alvord finds the lower court properly dismissed the inmate's second habeas petition despite expert testimony that rebutted the state's conclusion the shooting victim died of a contact wound. Not only did the expert's testimony merely cast doubt on whether the victim had a gun pressed against his skin at the time of the shooting, but there was other, overwhelming evidence to convict the inmate, who failed to show any prejudice. Affirmed.
Court: Connecticut Court Of Appeals, Judge: Alvord, Filed On: May 3, 2024, Case #: AC46270, Categories: Habeas, Ineffective Assistance, Experts
J. Willett grants the chamber of commerce's petition for a writ of mandamus challenging the district court's denial of a preliminary injunction. The chamber calls into question a final rule issued by the Consumer Financial Protection Bureau decreasing the safe harbor amount for charging credit card late fees. The chamber had a short window of time to comply with the rule or seek the injunction. The court’s inaction amounted to an effective denial of the injunction. The district court also lacked jurisdiction to transfer the case after this appeal was docketed.
Court: 5th Circuit, Judge: Willett , Filed On: May 3, 2024, Case #: 24-10266, Categories: Commerce, Banking / Lending, Injunction
J. Mayle grants the common pleas court judge's motion for summary judgment, ruling that although there is a question of fact regarding the child's home state, the judge does not patently lack jurisdiction over the stepparent's petition for adoption, which precludes the stepparent from prevailing on her petition for a writ of prohibition.
Court: Ohio Court Of Appeals, Judge: Mayle, Filed On: May 3, 2024, Case #: 2024-Ohio-1708, Categories: Family Law, Judiciary, Jurisdiction
J. Mayle finds defendant's domestic violence conviction is supported by sufficient evidence. Testimony from hospital staff about the injuries sustained by the victim, including a fractured orbital bone and bruising, established she suffered serious physical harm, while descriptions of defendant's behavior at the hospital, which included yelling at the victim and showing no concern, established he was the perpetrator of the offense. Affirmed.
Court: Ohio Court Of Appeals, Judge: Mayle, Filed On: May 3, 2024, Case #: 2024-Ohio-1711, Categories: Evidence, Domestic Violence
J. Walter grants a pre-trial request by a maximum security inmate at a North Louisiana prison, barring authorities from using an old marijuana conviction and dismissed criminal drug charges against him to attack his credibility. The disallowed charges did not result in felony convictions. Both sides agree that the parish attorneys may use his guilty plea to being a convicted felon in possession of a firearm as a defense against his disability discrimination claim. The inmate is suing the parish prison’s medical department for refusing to provide him with methadone and oxycodone for his sickle cell disease.
Court: USDC Western District of Louisiana , Judge: Walter, Filed On: May 3, 2024, Case #: 5:22cv6144, NOS: Amer w/Disabilities - Other - Civil Rights, Categories: Ada / Rehabilitation Act, Jury, Prisoners' Rights
J. Immergut denies the county's motion to dismiss the false imprisonment claim in the resident's complaint alleging that the city's task force arrested him thinking he was someone else despite discrepancies like different birth dates. The county does not include any evidence to suggest that the officers reasonably believed that the resident was the person described in the warrant and that the belief was objectively reasonable.
Court: USDC Oregon, Judge: Immergut, Filed On: May 3, 2024, Case #: 3:22cv107, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Police Misconduct
Per curiam, the appellate division finds that the trial court improperly ruled in a property dispute arising from the sale of land and the construction of a commercial center and billboard. The court properly held that claims concerning the billboard were timely filed and that company defendants failed to transfer a rent check to plaintiffs. However, defendants were improperly required to build a retention pond on the property. Affirmed in part.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: May 3, 2024, Case #: CA 23-00440, Categories: Civil Procedure, Property
Vice Chancellor Glasscock dismisses claims against two fiduciaries of a video game developer for their roles in a tender offer because allegations they may have engaged in unauthorized communications with the controller are conclusory and insufficient to demonstrate breach of fiduciary duties.
Court: Delaware Chancery Court, Judge: Glasscock, Filed On: May 3, 2024, Case #: 2023-0396-SG, Categories: Fiduciary Duty
[Consolidated.] J. Scudder finds that the lower court properly found the businessman and three associated healthcare companies violated the Anti-Kickback Statute and False Claims Act by knowingly paying kickbacks to induce referrals for medical services, many of which were paid for by Medicare. However, the $6 million judgment against the businessman must be revised, because the lower court did not sufficiently clarify which Medicare claims - all or some - resulted from the illegal kickback scheme. Affirmed in part.
Court: 7th Circuit, Judge: Scudder, Filed On: May 2, 2024, Case #: 22-3295, Categories: Damages, Medicare, False Claims
J. Crews excludes expert testimony in retaliation claims in which plaintiff, a double amputee who uses a wheelchair for mobility, contends the homeowners' association failed to properly remove snow or provide him an assigned parking spot in front of his unit, as the standard upon which the expert reached her conclusions was inconsistent with standards used in civil trials.
Court: USDC Colorado, Judge: Crews, Filed On: May 2, 2024, Case #: 1:22cv2042, NOS: All Other Real Property - Real Property, Categories: Ada / Rehabilitation Act, Experts
J. Power finds that the lower court properly held that restrictive covenants on parcels within a subdivision barred offering a single-family residence as a short-term Airbnb rental. While owners were permitted to rent a premises, restrictions limit use to "single family residential purposes," which implies longer-term living arrangements as opposed to short stays. Affirmed.
Court: New York Appellate Divisions, Judge: Powers, Filed On: May 2, 2024, Case #: CV-23-0610, Categories: Property
J. Love finds that the trial court improperly determined that a victim did not show that she was harassed by her neighbor. In this case, the victim testified that the neighbor repeatedly removed landscaping boards from the front of her property where she was attempting to plant trees and cursed at her during an altercation. Further, there was video evidence showing the neighbor taking the boards from the victim's property to a trash pile, and the neighbor admitted to talking to the victim on the day of the altercation. Reversed.
Court: Louisiana Court Of Appeal, Judge: Love, Filed On: May 2, 2024, Case #: 2023-CA-0742, Categories: Evidence, Property