177 results for 'filedAt:"2023-06-09"'.
Per curiam, the appellate division finds that the trial court improperly dismissed claims contending plaintiff was injured in a car collision with the police officer who had been responding to a burglary call because the officer failed to demonstrate his actions did not rise to a level of reckless disregard for the safety of others. Meanwhile, plaintiff testified he was already in the process of turning left when he saw the police vehicle approaching without sirens or flashing lights. Reversed.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: June 9, 2023, Case #: CA 22-00606, Categories: Negligence
Per curiam, the appellate division finds that the trial court improperly convicted defendant of second-degree murder and weapons charges because eyewitness testimony was properly admitted, and defendant failed to preserve arguments to limit jury instructions. However, sentences should run concurrently since the charges arose from the same crimes. Reversed in part.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: June 9, 2023, Case #: KA 18-02110, Categories: Murder, Sentencing, Jury Instructions
Per curiam, the Vermont Supreme Court finds the trial court properly sentenced defendant for sexual assault of a child under age sixteen and committing a lewd and lascivious act. Any error in the court's reliance on "general deterrence" to justify the significant sentence was harmless. Affirmed.
Court: Vermont Supreme Court, Judge: Per curiam, Filed On: June 9, 2023, Case #: 22-AP-175, Categories: Evidence, Sentencing, Sex Offender
J. Hoffman finds the lower court properly determined nothing in the property owner's contract with the development required it to maintain the dam to "ensure the permanent nature of the lake." The dam is maintained by the state of Ohio and so any change in the water level is caused by the state, not any action that could be considered interference under the agreement. Affirmed.
Court: Ohio Court Of Appeals, Judge: Hoffman, Filed On: June 9, 2023, Case #: 2023-Ohio-1926, Categories: Environment, Property
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J. Hecht finds the court of appeals properly ruled to terminate the parental rights of a mother to her children and name the Texas Department of Family and Protective Services as the children's managing conservator. The children experienced abuse and neglect from the mother. Additionally, the mother failed to complete court-mandated tasks in order to retain her parental rights. Affirmed.
Court: Texas Supreme Court, Judge: Hecht, Filed On: June 9, 2023, Case #: 21-0998, Categories: Family Law
J. Byrne finds the trial court improperly ruled against Texas gubernatorial candidate, Robert Francis O’Rourke, in a defamation case filed against him by GOP donor Kelcy Warren. O’Rourke argues that critical statements he said about Warren were protected under the Texas Citizens Participation Act, an anti-SLAPP statute. The statements made by O’Rourke were based on his subjective opinion during a political race. They were non-actionable and fell well within the grounds of protected speech. Reversed.
Court: Texas Courts of Appeals, Judge: Byrne, Filed On: June 9, 2023, Case #: 03-22-00416-CV, Categories: Anti-slapp, Civil Rights, Defamation
J. Markle finds that the juvenile court properly adjudicated the juvenile delinquent for possession of a gun by a person under the age of 18 and theft by receiving stolen property. The juvenile court correctly found that reasonable efforts had been made to prevent the need to remove the juvenile from his home. The juvenile court also did not abuse its discretion in committing the juvenile to the Department of Juvenile Justice for two years as the least restrictive disposition in light of the increasing severity of the juvenile's crimes and the juvenile's testimony that he did not want to be released into his father's care. Affirmed.
Court: Georgia Court of Appeals, Judge: Markle, Filed On: June 9, 2023, Case #: A23A0622, Categories: Juvenile Law
J. Benton finds a lower court properly dismissed a capital management company's motion for recovery outside of a receivership. The company argued that it is entitled for relief after falling victim to a colossal Ponzi scheme. However, the prior settlement agreements prevent recovery. Affirmed.
Court: 8th Circuit, Judge: Benton, Filed On: June 9, 2023, Case #: 21-2973, Categories: Fraud, Settlements
J. Prost finds that the district court properly ruled in this patent dispute over an expandable hose design because the competing company properly pleaded to correct the patents and add co-inventors. Affirmed.
Court: Federal Circuit, Judge: Prost, Filed On: June 9, 2023, Case #: 2021-2316, Categories: Patent
J. Kugler transfers claims a customer brought against a bank teller to the district of Rhode Island. According to the complaint, the teller refused to allow the customer, a Black man, the full amount of cash he sought to withdraw and forced him to pull down his mask, which the teller did not require of white customers. While the alleged incident occurred at a New Jersey Branch, the arbitration agreement in the parties' contract required that the claim be heard in Rhode Island.
Court: USDC New Jersey, Judge: Kugler , Filed On: June 9, 2023, Case #: 1:22cv5276, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Emotional Distress, Venue
J. Heavican finds the trial court properly found defendant guilty, by no contest plea, for possession with intent to deliver meth, overruling his motion for new trial. Defendant delivered the drugs to an undercover officer involved in a sting operation. He then discovered that the evidence technician for his case had been federally indicted on drug distribution charges. The chain of evidence custody was shown to not have been compromised and defendant failed to show that his substantial rights were materially affected. He also failed to plead that the Nebraska Postconviction Act was unavailable to him and his motion to withdraw his plea was therefore properly denied. Affirmed.
Court: Nebraska Supreme Court, Judge: Heavican, Filed On: June 9, 2023, Case #: S-22-332, Categories: Drug Offender, Evidence, Plea
Per curiam, the Vermont Supreme Court finds that the lower court properly terminated a mother's parental rights. Though the mother “was entitled to reasonable notice of what was in issue and an opportunity to be heard," she chose to leave the hearing and stopped answering her phone. Affirmed.
Court: Vermont Supreme Court, Judge: Per curiam, Filed On: June 9, 2023, Case #: 23-AP-029, Categories: Evidence, Family Law
J. Busby finds the court of appeals improperly ruled against a mother in a divorce decree that gave her former husband the ability to select the residence of their teenage daughter. The mother abandoned a jury trial in order to have her daughter interviewed as to which parent she would like to select her place of residence. The trial court failed to conduct the interview, giving the father the ability to choose the place of residence for all of the couple's children. In its failure to interview the daughter, the trial court violated requirements under the Family Code and harmed the mother. Reversed.
Court: Texas Supreme Court, Judge: Busby, Filed On: June 9, 2023, Case #: 22-0419, Categories: Family Law
Per curiam, the Fifth Circuit finds the district court properly convicted defendants for mail and wire fraud by their submitting claims for tax credits by creating false invoices for construction work and film equipment related to their project to convert a dilapidated mansion to a film postproduction facility. The mandate rule prevented the court from reconsidering defendant’s guidelines range. Because the rule barred the court from reconsidering the sentencing range on remand, there was no abuse of discretion in the court’s denying an evidentiary hearing on an issue it could not consider. Affirmed.
Court: 5th Circuit, Judge: Per curiam, Filed On: June 9, 2023, Case #: 20-30323, Categories: Fraud, Sentencing, Tax
Per curiam, the Vermont Supreme Court finds that the lower court properly terminated a father's parental rights. The evidence was sufficient enough to show that terminating parental rights was in the best interest of the child. Affirmed.
Court: Vermont Supreme Court, Judge: Per curiam, Filed On: June 9, 2023, Case #: 22-AP-351, Categories: Evidence, Family Law
[Consolidated.] J. Easterbrook finds that the lower court properly convicted defendants of conspiring to distribute heroin and meth in Indianapolis. The trial judge did not err in declining to dismiss a former police officer as a juror after he said he would be more likely to believe a police officer's testimony than a civilian's testimony. The judge sufficiently interrogated the juror as to whether he could be impartial and grant defendant's the right to be considered innocent before being proven guilty. Affirmed.
Court: 7th Circuit, Judge: Easterbrook, Filed On: June 9, 2023, Case #: 21-2874, Categories: Drug Offender, Jury
J. Guaderrama orders the U.S. Marshals Service to serve a food bank with legal papers after a citizen sued the group alleging violations of the ADA for allegedly failing to accommodate his purported medical condition which he claims prevents him from wearing a mask while using the food bank. Regardless of the merits of his suit and previous moves by this court to dismiss it, the Fifth Circuit ruled in his favor on appeal, and because the man was granted in forma pauperis status, this court is “required … to appoint someone to serve process for him.”
Court: USDC Western District of Texas , Judge: Guaderrama, Filed On: June 9, 2023, Case #: 3:21cv55, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Ada / Rehabilitation Act, Health Care
J. Hurd dismisses a property developer’s suit with claims for due process violations against a small town in Upstate New York alleging its zoning board wrongfully revoked its permit to redevelop a deserted resort property after local residents mounted a successful campaign to stall the development. In regards to the merits of their claims, the court finds the failed to obtain approvals by the state Department of Environmental Conservation as conditioned under their special use permit.
Court: USDC Northern District of New York, Judge: Hurd, Filed On: June 9, 2023, Case #: 1:22cv1306, NOS: Other Statutory Actions - Other Suits, Categories: Zoning, Due Process
Per curiam, the appellate division finds that the trial court properly convicted defendant of second-degree murder. Search warrants for cellular data and electronic devices were not overly broad since they could connect defendant to locations at which physical evidence had been tampered with and where the victim's body had been burned in a fire pit. Meanwhile, a prospective juror's statements that she might be preoccupied with work-related issues did not indicate her preoccupations would affect her ability to be fair and impartial. Affirmed.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: June 9, 2023, Case #: KA 18-00389, Categories: Jury, Murder, Search
J. Baker grants the U.S. Secretary of Defense's motion to dismiss the employee's race discrimination action. The employee, a white woman, alleged that she was harassed by a Black co-worker and was wrongfully disciplined for allegedly calling the co-worker a racial slur. The action is an impermissible shotgun pleading which fails to separate each cause of action or claim into a different count. The employee is ordered to file a third amended complaint within 14 days of the instant order.
Court: USDC Southern District of Georgia, Judge: Baker, Filed On: June 9, 2023, Case #: 4:21cv333, NOS: Employment - Civil Rights, Categories: Civil Procedure, Employment Discrimination
J. Armstead affirms in part and reverses in part defendant’s seven felony convictions following his attempt to shoot an off-duty deputy sheriff who entered his property to investigate his theft of a neighbor’s trail camera. Since they are lesser included offenses to malicious assault on a law enforcement officer, the court finds his constitutional right against double jeopardy was violated when he was convicted and sentenced on the charges of brandishing and wanton endangerment. Remanded with instructions for resentencing.
Court: West Virginia Supreme Court Of Appeals, Judge: Armstead, Filed On: June 9, 2023, Case #: 21-0806, Categories: Firearms, Double Jeopardy, Obstruction
J. Groves denies cross motions for summary judgment between a gold and iron prospecting equipment seller and a competitor in a patent infringement dispute. There are issues of disputed fact to be determined by a factfinder and "the Court cannot determine literal infringement under the doctrine of equivalents at the summary judgment stage."
Court: USDC Idaho, Judge: Groves, Filed On: June 9, 2023, Case #: 1:20cv384, NOS: Patent - Property Rights, Categories: Patent, Trademark