139 results for 'filedAt:"2023-07-21"'.
J. Casper partially allows an advocacy clinic’s motion for summary judgment against government agencies for violating the Freedom of Information Act by failing to adequately find and provide records of ICE's use of solitary confinement in immigration detention centers, and partially allows the government agencies’ motion for summary judgment as well. Unverified first impression observations are not considered deliberative and therefore don’t have deliberative process privilege. However, some of ICE’s records cannot be publicized without causing security risks.
Court: USDC Massachusetts, Judge: Casper, Filed On: July 21, 2023, Case #: 1:21cv12030, NOS: Freedom of Information Act (FOIA) - Other Suits, Categories: Immigration, Public Record
J. Bennett declines the wireless internet provider's motion for an injunction to stop the university's proposed sale of its educational broadcast service to T-Mobile, a direct competitor of the provider. The provider claims that the university is in breach of the parties' lease for constitutional reasons. However, because the provider's claims for injunctive and declaratory relief do not fundamentally raise federal law issues, this case is outside this court's subject matter jurisdiction.
Court: USDC Maryland, Judge: Bennett, Filed On: July 21, 2023, Case #: 1:22cv3254, NOS: Other Contract - Contract, Categories: Constitution, Jurisdiction, Contract
J. Brailsford grants the dismissal motion filed by the sheriff's office in this lawsuit stemming from an individual's arrest and subsequent detention in the Ada County Jail. The individual contends that he was subjected to a "body cavity search" and asserts claims under Section 1983 for violations of the Fourth and Eighth Amendments. However, the individual plaintiff "fails to allege the requisite facts to hold a municipality liable" under Section 1983. Also, his state law claims must be dismissed against the sheriff's office, as he did not comply with the notice requirement.
Court: USDC Idaho, Judge: Brailsford, Filed On: July 21, 2023, Case #: 1:22cv318, NOS: Assault, Libel, & Slander - Torts - Personal Injury, Categories: Civil Procedure, Civil Rights, Assault
J. Reiss finds in favor of the commissioner in a fraud, conversion, breach of fiduciary duty and racketeering action against the company owner in the amount of $66 million. The commissioner's motion for entry of default was previously granted. The commissioner is entitled to $25 million in compensatory damages based on the owner's conversion and misappropriation of assets. The commissioner is also entitled to $25 million in damages on the fiduciary duty claim based on the owner's bad faith actions in profiting at the company's expense and he is entitled to treble damages on the RICO claim.
Court: USDC Vermont, Judge: Reiss, Filed On: July 21, 2023, Case #: 2:20cv173, NOS: Racketeer Influenced and Corrupt Organizations (RICO) - Other Suits, Categories: Fraud, Damages, Racketeering
J. Neeley finds the trial court properly convicted defendant for aggravated kidnapping and robbery, for which he was sentenced to 80 years in prison. Defendant argues that because he was found not guilty of sexual assault, he cannot be guilty of kidnapping. The victim says defendant forced her into the trunk, and the officer who inventoried the victim's vehicle found her pants, shoes, underwear and purse strap in the trunk. All evidence supports the convictions. Also, the prosecutor gave race neutral explanations for its peremptory challenges of jurors. Affirmed.
Court: Texas Courts of Appeals, Judge: Neeley , Filed On: July 21, 2023, Case #: 12-22-00113-CR, Categories: Jury, Kidnapping, Due Process
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[Substituted.] J. Lorello finds that defendant failed to preserve his challenge to the trial court's $2,800 restitution award for the costs of the investigation that led to his arrest for trafficking heroin, and he had agreed in a plea agreement to pay restitution as ordered by the court. Affirmed.
Court: Idaho Court Of Appeals, Judge: Lorello, Filed On: July 21, 2023, Case #: 49302, Categories: Drug Offender, Plea
Per curiam, the Fifth Circuit finds the Texas state trial court properly convicted defendant for aggravated sexual assault of his four-year-old daughter, sentencing him to life in prison. The judge refused to admit evidence of another assault on the girl by the mother’s boyfriend on the grounds that it did not disprove the claims against defendant. He then failed to establish materiality before the Texas Court of Criminal Appeals. Though some evidence suggests a refused police report may have been material, the Fifth Circuit can only grant defendant’s petition for habeas corpus if all fair-minded jurists would disagree with the Texas appeals court’s decision. Affirmed.
Court: 5th Circuit, Judge: Per curiam, Filed On: July 21, 2023, Case #: 22-40217, Categories: Evidence, Sex Offender, Child Victims
J. Menashi finds that the district court improperly dismissed federal claims brought against county officials and entities following termination of a mother's parental rights in state court. The Rooker-Feldman doctrine did not apply because an appeal from the state action remained pending, indicating that the mother was not attempting to circumvent the decision. Reversed.
Court: 2nd Circuit, Judge: Menashi, Filed On: July 21, 2023, Case #: 21-1473, Categories: Family Law, Jurisdiction
J. Georges denies defendant's motion for a new trial, motion for an evidentiary hearing and motion for further discovery following his murder conviction. Defendant argues that his acquaintance's secret recordings should not have been presented to the jury, but warrantless secret recordings are allowed under certain conditions, which were present in this case. However, three of defendant's convictions of assault by means of a dangerous weapon must be vacated as duplicative. Affirmed in part.
Court: Massachusetts Supreme Court, Judge: Georges, Filed On: July 21, 2023, Case #: SJC-11668, Categories: Evidence, Fair Trial, Murder
J. Hoyle finds that the trial court properly convicted defendant for evading arrest or detention in a motor vehicle. Defendant had two prior felony convictions, elevating his punishment level to that of a first-degree felony, and the court granted his motion to refrain from referring to the extraneous offenses during trial. The officer who attempted to detain defendant testified that he knew him from previous dealings at the county jail. The state agreed the testimony violated the motion, though the court denied defendant's motion for mistrial. Denial of the motion for mistrial was within reasonable disagreement, and the court acted within its discretion in concluding that the evidence’s probative value was not outweighed by the danger of unfair prejudice. Affirmed.
Court: Texas Courts of Appeals, Judge: Hoyle , Filed On: July 21, 2023, Case #: 12-22-00316-CR, Categories: Evidence, Escape, Due Process
J. Brasher finds that the district court properly ruled in favor of the manufacturer of a fat-freezing CoolSculpting system in a fraud, negligence and product liability action brought by the individual who developed a medical condition which enlarges fat tissue after trying the cosmetic procedure. The district court correctly found that the manufacturer's warnings to doctors about the consequences of the condition known as paradoxical adipose hyperplasia were adequate. The individual failed to identify any defect in the design of CoolSculpting. Affirmed.
Court: 11th Circuit, Judge: Brasher, Filed On: July 21, 2023, Case #: 21-12085, Categories: Negligence, Product Liability
J. Morrison partially declines to dismiss a class action alleging that an energy service company charged one of its customers an unreasonably high variable rate for its monthly energy costs following the end of its 24-month introductory period. While the customer fails to allege the company violated the express terms of the agreement for purposes of a breach of contract claim, it successfully alleges the company violated the implied terms of the agreement by charging a variable rate that was approximately double the fixed-price rate. It also successfully claims that it was not given sufficient notice as to the rate change.
Court: USDC Eastern District of New York, Judge: Morrison, Filed On: July 21, 2023, Case #: 1:22cv4844, NOS: Other Contract - Contract, Categories: Energy, Class Action, Contract
J. Mikva finds that Sears' insurance broker cannot be held liable for Sears' alleged breach of contract with a mall in Puerto Rico that was damaged by Hurricane Maria in 2017. The mall claims it was forced to pay $20 million to make repairs, despite its clear right to require Sears' insurance to pay for the repairs. However, there is no evidence the insurance broker was aware of Sears' obligations under the lease agreement or was actively advising Sears during the period in question as to compliance with the terms of the lease. Affirmed.
Court: Illinois Appellate Court, Judge: Mikva, Filed On: July 21, 2023, Case #: 221352, Categories: Insurance, Contract
J. Zukin finds that defendant's peremptory challenge to disqualify a judge as she sought resentencing on a felony murder conviction was properly denied. The hearing relies on the record and the trial court is bound by the jury's prior finding about whether a defendant acted with reckless indifference or was a major participant. And although the state must prove beyond a reasonable doubt that a petitioner is ineligible for resentencing, a resentencing hearing held after a reversal and remand of a denied petition for resentencing is not a new trial that would entitle defendant to a peremptory challenge.
Court: California Courts Of Appeal, Judge: Zukin, Filed On: July 21, 2023, Case #: B325769, Categories: Judiciary, Murder, Sentencing
J. Gruender finds that the district court improperly granted an employee long term disability benefits because the insurer justifiably concluded the employee could perform sedentary full time work since she could perform household chores and taught classes at a local kennel club. Meanwhile, an improper delay did not bias the overall process against the employee. Reversed.
Court: 8th Circuit, Judge: Gruender , Filed On: July 21, 2023, Case #: 21-3063, Categories: Employment
J. Pitman issues a preliminary injunction preventing the Texas Education Agency from enforcing some state employment requirements after the agency was sued by the spouse of a military member for violations of the Servicemembers Civil Relief Act for allegedly failing to recognize the "portability" of her school-counselor licensure from another state. The spouse has not only shown that she was harmed by these alleged failures but also that a "balance of equities" supports this finding because while Texas "undoubtedly has a strong interest in regulating the qualification and licensure of its educators," forcing compliance with the SCRA on this matter would result in "limited encroachment" on Texas' "regulatory authority."
Court: USDC Western District of Texas , Judge: Pitman, Filed On: July 21, 2023, Case #: 1:23cv551, NOS: Other Statutory Actions - Other Suits, Categories: Administrative Law, Education, Government
J. Waples finds the trial court correctly denied defendant's motion to suppress evidence and motion to dismiss for lack of a speedy trial on charges of sexual assault. Defendant's Article 11 rights were not violated by the warrantless search of his home, and the balance of the factors do not show there was a speedy trial violation. Affirmed.
Court: Vermont Supreme Court, Judge: Waples, Filed On: July 21, 2023, Case #: 21-AP-275, Categories: Evidence, Sex Offender, Speedy Trial
J. Soto finds that a lower court properly convicted defendant of murder. Defendant argues that prosecutors did not disprove his claim of self-defense, but while it does appear that a physical altercation may have preceded the murder, there is no clear evidence that defendant was in fear of his life. The jury was "free to reject" his claims that the use of deadly force was "immediately necessary." Affirmed.
Court: Texas Courts of Appeals, Judge: Soto, Filed On: July 21, 2023, Case #: 08-23-00023-CR, Categories: Murder, Self Defense
J. Agee finds the lower court improperly enhanced the defendant's sentence. The police arrested the defendant, a prior felon after he shot back at gang members who tried to kill him at a convenience store. The government conceded that the defendant should not have received two criminal history points for being on probation because his probation had ended before the convenience store incident. Vacated
Court: 4th Circuit, Judge: Agee, Filed On: July 21, 2023, Case #: 21-4367, Categories: Firearms, Probation, Sentencing
J. Edwards dismisses the father's appeal from an adoption judgment with instructions that the juvenile court "set aside the adoption judgment and all orders entered" in the proceeding. The adoption judgment is void and cannot support an appeal, because the probate court improperly transferred the proceeding to the juvenile court "without a motion from one of the parties." Accordingly, the juvenile court lacked jurisdiction.
Court: Alabama Court of Civil Appeals, Judge: Edwards, Filed On: July 21, 2023, Case #: CL-2022-1051, Categories: Civil Procedure, Family Law, Jurisdiction
J. Simons finds that the trial court improperly upheld a city's warrantless towing of lawfully parked and registered vehicles based on unpaid parking tickets. The vehicular community caretaking exception to the warrant requirement of the Fourth Amendment does not apply. The city failed to show that deterring parking violations and enforcing the payment of parking fines meets the requirements of the exception. Reversed.
Court: California Courts Of Appeal, Judge: Simons, Filed On: July 21, 2023, Case #: A164180, Categories: Search, Vehicle
J. Neeley conditionally grants the shipping broker's request for mandamus to dismiss claims under Texas law brought by the trucking company in a contract dispute. A forum selection clause to litigate contractual disputes designates the forum as an Idaho court. Failure to enforce a forum selection clause constitutes an abuse of discretion. The forum selection clause governs disputes between the broker and the trucking company.
Court: Texas Courts of Appeals, Judge: Neeley, Filed On: July 21, 2023, Case #: 12-23-00088-CV, Categories: Jurisdiction, Contract
J. Cook finds that the lower court properly ruled that an inmate’s due process rights were not violated when her parole hearing was not held in person. Gov. Ivey's emergency proclamation during the Covid-19 pandemic, which allowed the parole board to hold parole hearings remotely, did not violate Alabama law. Affirmed.
Court: Alabama Supreme Court, Judge: Cook, Filed On: July 21, 2023, Case #: SC-2022-0538, Categories: Government, Due Process, Covid-19
J. Welbaum finds that the lower court properly convicted defendant of felony kidnapping with a firearm specification and misdemeanor assault. The outcome of the trial wouldn’t have been any different had the state “timely disclosed” DNA evidence, as that evidence supported the conviction. Affirmed.
Court: Ohio Court Of Appeals, Judge: Welbaum, Filed On: July 21, 2023, Case #: 2023-Ohio-2508, Categories: Evidence
J. Hill finds a lower court properly dismissed an electronics company's trade secrets claims against an equipment manufacturer, who won a government contract bid to manufacture a technology test system. The electronics company argued that the equipment manufacturer infringed on its trade secrets in order to create a "price-competitive" proposal." However, the intellectual property involved in the proposal was already available to the public. Affirmed.
Court: Kansas Courts Of Appeal, Judge: Hill, Filed On: July 21, 2023, Case #: 119,563, Categories: Trade Secrets, Unfair Competition, Contract
J. Keller finds that the lower court improperly denied defendant’s motion to correct an illegal sentence. The lower court should have dismissed the defendant’s motion because it lacked subject matter jurisdiction as the requirement that defendant register as a sex offender was not part of his sentence. Reversed.
Court: Connecticut Court Of Appeals, Judge: Keller, Filed On: July 21, 2023, Case #: AC 45288, Categories: Sentencing
J. Prescott finds that the habeas court properly rejected petitioner’s claims that counsel in two prior habeas actions provided ineffective assistance by failing to raise claims that his criminal trial counsel did not conduct a proper investigation to identify exculpatory witnesses or call such witnesses to trial. Petitioner “failed to meet his burden of demonstrating deficient performance.” Affirmed.
Court: Connecticut Court Of Appeals, Judge: Prescott, Filed On: July 21, 2023, Case #: AC 45232, Categories: Habeas