171 results for 'filedAt:"2023-06-20"'.
J. Owens dismisses defendant's appeal from his conviction for abusive sexual contact of a child under age twelve. Defendant claimed that he was not informed that his plea could potentially lead to "subsequent civil commitment, community notification, and geographic restrictions on his residence and workplace." The panel held that defendant's plea was knowing and voluntary.
Court: 9th Circuit, Judge: Owens, Filed On: June 20, 2023, Case #: 21-10320, Categories: Sex Offender, Plea, Commitment
J. Rodriguez finds that the trial court should not have dismissed a bad faith and contract complaint over an insurer's denial of a disability benefits claim as barred by the statute of limitations. The insured's breach claim did not accrue until the insurer stopped paying benefits, not earlier when the insurer informed the insured that it intended to stop paying benefits. Reversed.
Court: California Courts Of Appeal, Judge: Rodriguez, Filed On: June 20, 2023, Case #: A166049, Categories: Civil Procedure, Insurance, Contract
J. Hart finds that defendant's double jeopardy protections were not violated when he was tried for a murder after having been acquitted in Mexico. The cooperation of Colorado authorities in the Mexican prosecution did not bar the application of the dual-sovereignty doctrine to his prosecution in Colorado since the cooperation did not meet the threshold of control that would make the Mexican prosecution a tool of Colorado's jurisdiction. Affirmed.
Court: Colorado Supreme Court, Judge: Hart, Filed On: June 20, 2023, Case #: 21SC473, Categories: Murder, Double Jeopardy
J. Marquez finds that the trial court properly dismissed a civil claim under the Child Sexual Abuse Accountability Act for alleged misconduct for which other legal claims were time-barred. The Act creates a new cause of action for conduct that happened before the Act and for which other claims have been time-barred, which violates the retrospectivity clause of the Colorado Constitution. Affirmed.
Court: Colorado Supreme Court, Judge: Marquez, Filed On: June 20, 2023, Case #: 22SC824, Categories: Negligence
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J. Greenlee finds the lower court properly convicted defendant of possessing more than 0.1 grams but less than 2 grams of methamphetamine and sentenced him as a nonviolent habitual offender to three years to be served in the custody of the Mississippi Department of Corrections. Methamphetamine was found in defendant's sock during the course of a pat-down by officers arresting him for an outstanding warrant. There are no arguable issues on appeal. Affirmed.
Court: Mississippi Court Of Appeals, Judge: Greenlee, Filed On: June 20, 2023, Case #: 2022-KA-00405-COA, Categories: Drug Offender
J. Hodges finds that the trial court properly convicted defendant of aggravated battery and possession of a firearm by a convicted felon. The trial court correctly denied defendant's motion for a new trial and did not violate defendant's right to be present at all critical stages of his trial when it dismissed a potential juror during a recess. Affirmed.
Court: Georgia Court of Appeals, Judge: Hodges, Filed On: June 20, 2023, Case #: A23A0500, Categories: Firearms, Jury, Battery
J. Rice approves of the consent decree between the environmental organization and the non-profit organization regarding the environmental organization's claim that the non-profit organization, in violation of the Solid Waste Disposal Act, stored manure in inadequately lined storage lagoons that contaminated the groundwater. Among other stipulations, the non-profit organization must empty three lagoons used for manure storage by Aug. 1, 2023 for Lagoons 1 and 2 and by Sep. 30, 2024 for Lagoon 4.
Court: USDC Eastern District of Washington, Judge: Rice, Filed On: June 20, 2023, Case #: 1:19cv3110, NOS: Environmental Matters - Other Suits, Categories: Environment, Water
J. Fader disagrees with the lower court’s allowance of a firearms expert’s testimony in a murder trial because his opinion was unqualified. The opinion was that the crime scene bullets and fragments were fired from a gun owned by a man who was convicted of murdering his roommate. Including the opinion in the trial was an error because it cannot be proven beyond a reasonable doubt that its inclusion in no way influenced the verdict. Reversed and remanded.
Court: Supreme Court of Maryland, Judge: Fader, Filed On: June 20, 2023, Case #: CT121375X, Categories: Evidence, Firearms, Experts
J. Chasanow grants a Mexican restaurant its motion to dismiss claims by a customer for allegedly violating anti-discrimination statutes by employing waitstaff who refused to serve him and laughed at him because of his race. The customer, a Black man, claims the waitstaff in question, “two white Hispanic female[s],” perpetrated this prejudicial treatment. However, the customer fails state a claim because he has not provided enough information to create a causal link between the waitstaff’s behavior and his race.
Court: USDC Maryland, Judge: Chasanow, Filed On: June 20, 2023, Case #: 8:23cv1029, NOS: Housing/Accommodations - Civil Rights, Categories: Civil Rights
J. Howse finds that the lower court improperly completely dismissed an employee's wrongful termination suit. The employee was fired for failing to tell the company that firearms were stolen out of his car during a burglary on the company's property. The employee may pursue a retaliatory discharge claim based on his termination related to his legal concealed carry of firearms. Reversed in part.
Court: Illinois Appellate Court, Judge: Howse, Filed On: June 20, 2023, Case #: 221845, Categories: Firearms, Employment Retaliation
J. Hull finds that the trial court, which rejected a challenge to a city measure that prohibits short-term rentals in parts of South Lake Tahoe, properly found that property owners did not have vested property rights in short-term rental permits. However, resident property owners sufficiently pleaded that the measure facially discriminates against interstate commerce, so the trial court must determine if the city can show that a carve-out that allows residents to rent out their homes for 30 days per year cannot be adequately satisfied by nondiscriminatory alternatives. Reversed in part.
Court: California Courts Of Appeal, Judge: Hull, Filed On: June 20, 2023, Case #: C093603, Categories: Municipal Law, Zoning, Housing
J. Guidry grants summary judgment to New Orleans, dismissing a police officer’s sexual harassment and hostile workplace claims against the City, holding that the NOPD “swiftly” demoted her supervising sergeant on undisputed allegations that he made inappropriate comments about her breasts and about having sex with her, which she surreptitiously recorded. The officer failed to report her supervisor’s misconduct until four months later, despite opportunities to do so. “Victims of workplace harassment have an obligation to report any alleged misconduct,” and “an employer cannot be held liable for inappropriate conduct of which it had no knowledge.”
Court: USDC Eastern District of Louisiana , Judge: Guidry, Filed On: June 20, 2023, Case #: 2:19cv10766, NOS: Other Civil Rights - Civil Rights, Categories: Employment Discrimination, Employment Retaliation, Police Misconduct
J. Hightower finds that a commercial steel business does owe a former employee unpaid overtime hours following a legal dispute over this question. The employee has provided “not an unsubstantiated assertion but uncontroverted testimony” showing his work schedule, and the lack of payment by the company was “willful.” According to precedent, to prevail on his claims, the employee “need only show by just and reasonable inference that she was an employee, worked the hours, and wasn’t paid,” which he has done.
Court: USDC Western District of Texas , Judge: Hightower, Filed On: June 20, 2023, Case #: 1:20cv884, NOS: Fair Labor Standards Act - Labor, Categories: Employment, Labor
J. Arguello grants police officers partial summary judgment in claims brought after plaintiff was arrested for failing to cooperate with police as they responded to an overdose call. Officers were entitled to qualified immunity since plaintiff refused to provide information after being identified as a witness and possible participant in a drug-related incident.
Court: USDC Colorado, Judge: Arguello, Filed On: June 20, 2023, Case #: 1:20cv457, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Immunity
J. Otake partially denies summary judgment to the county in wrongful death complaint against the county and several police officers. In separate case based on the same events that led to a man’s death after police detained him, similar claims of negligence and police misconduct were granted summary judgment but that decision has no bearing on this case and does not preclude the claims in this suit. Although the plaintiffs in both cases are relatives of the decedent, they are not the same relatives and their claims are separate from each other. However, summary judgment is granted as to conspiracy and due process claims due to a lack of sufficient allegations to support the claims.
Court: USDC Hawaii, Judge: Otake, Filed On: June 20, 2023, Case #: 1:20cv202, NOS: Other Civil Rights - Civil Rights, Categories: Wrongful Death, Assault, Police Misconduct
J. Chasanow grants the U.S. government’s motion to dismiss economic discrimination claims brought by a married couple after the government twice denied the wife immigration status. The wife, from Tanzania, had been previously married and accused of immigration fraud because her first husband gave too many incorrect answers to interview questions. They divorced, then the woman married another U.S. citizen but was denied status because of her previous deception. She and her husband’s claims that they’re being discriminated against based on their incomes lack standing.
Court: USDC Maryland, Judge: Chasanow, Filed On: June 20, 2023, Case #: 8:22cv2225, NOS: Administrative Procedure Act/Review or Appeal of Agency Decision - Other Suits, Categories: Fraud, Immigration
J. Sargus denies the medical student's motion for a preliminary injunction, ruling her past performances on standardized tests and cognitive abilities when compared with the standard population do not weight in favor of her ADHD being considered a disability such that she should be given accommodations when she takes the MCAT exam. Additionally, the request for 50 percent extra time, as opposed to the standard 25 percent accommodation, is not supported by any medical evidence in the record.
Court: USDC Southern District of Ohio, Judge: Sargus, Filed On: June 20, 2023, Case #: 2:23cv1241, NOS: Housing/Accommodations - Civil Rights, Categories: Ada / Rehabilitation Act, Education
J. Ripple finds that the lower court improperly found for the pyrometric cone manufacturer, finding it owed no duty of care to a ceramicist who developed mesothelioma as a result of exposure to asbestos contained in vermiculite packaging material of the manufacturer's cones, which are used to measure the temperature of kilns. The manufacturer should be held to an expert standard of knowledge with respect to the packaging that it used to ship its pyrometric cones and to which it exposed its customers. Reversed.
Court: 7th Circuit, Judge: Ripple, Filed On: June 20, 2023, Case #: 22-1822, Categories: Tort, Asbestos
J. Sullivan finds that the lower court properly found for Six Flags in a personal injury suit filed by a woman who tripped and fell on a curb when she was chased by a clown during the amusement park's "Fright Fest." As a attendee of "Fright Fest," the woman assumed the risk that characters at the park would try to scare her - indeed, she paid for it - and understood people could have unpredictable reactions when they get surprised or scared. Affirmed.
Court: Missouri Court Of Appeals, Judge: Sullivan, Filed On: June 20, 2023, Case #: ED111118, Categories: Tort