152 results for 'filedAt:"2023-08-15"'.
J. Thacker finds the lower court properly determined that the former intelligence official's non-selection for a permanent position resulted from the hiring official’s poor impression of her as a prospective employee and her attendance problems, stemming from a depressive episode, prior to the Family Medical Leave Act interference. The employee failed to meet her burden of proof to demonstrate that she was not selected for the permanent position because of the delay of her leave request. Affirmed.
Court: 4th Circuit, Judge: Thacker, Filed On: August 15, 2023, Case #: 22-1498, Categories: Employment, Government
J. Metcalf denies a citizen his fourth motion compelling discovery against a town and its former police chief because the town alleges it does not to have the chief’s personnel file, which the citizen requested. In response to the first three motions, the town said it was illegal to produce the file without a protective order, which counsel then sent. The town, required to produce the file within two weeks, did not respond until two months later, saying it was unable to locate the file. Therefore, the order cannot be enforced. However, the town is commanded to address whether sanctions should be considered.
Court: USDC Western District of North Carolina, Judge: Metcalf, Filed On: August 15, 2023, Case #: 3:17cv638, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Evidence, Discovery
[Consolidated.] J. Pirtle finds the county court sitting as juvenile court properly terminated the father’s parental rights due to his homelessness and the children’s living in dirty conditions with their grandparents without him present. Evidence shows that there is a loving attachment between the children and father, but also that the attachment is unhealthy and harmful due to the father’s mental health issues. Despite efforts of caseworkers and therapists, the father shows that he is unwilling or unable to repair the relationships and establish a safe and stable environment. All evidence supports the best interest finding. Affirmed.
Court: Nebraska Court Of Appeals, Judge: Pirtle, Filed On: August 15, 2023, Case #: A-22-907, Categories: Evidence, Family Law, Guardianship
J. Mead finds that the lower court properly convicted defendant of domestic violence aggravated assault and domestic violence assault, as well as violating a condition of release. On appeal, defendant argues that "his right to a representative jury was violated." However, the disparity in the jury venire "was insufficient to show underrepresentation." Affirmed.
Court: Maine Supreme Court, Judge: Mead, Filed On: August 15, 2023, Case #: 2023ME52, Categories: Jury, Domestic Violence
Want access to unlimited case records and advanced research tools? Create your free CasePortal account now. No credit card required to register.
Try CasePortal for Free
J. Gustafson finds that the trial court should have suppressed methamphetamine and cash found during a warrantless search of defendant's vehicle. When police officers made a traffic stop of defendant, his parole officer instructed them to arrest him and his passenger and search their vehicle for investigative purposes. The underlying traffic violation was insufficient to provide the probable cause required for the warrantless arrest of a parolee. Reversed.
Court: Montana Supreme Court, Judge: Gustafson, Filed On: August 15, 2023, Case #: DA 21-0579, Categories: Drug Offender, Parole, Search
J. Kelly finds a lower court improperly dismissed an inmate's civil rights claims. The County Sheriff argued that the defendant obtained adequate medical care while in detention. However, the defendant presented sufficient evidence in court that the department failed to provide him with reasonable access to a toilet and a bed, which may have been provided to non- disabled inmates. Reversed in part.
Court: 8th Circuit, Judge: Kelly, Filed On: August 15, 2023, Case #: 22-2582, Categories: Civil Rights, Health Care
J. Kobes finds a lower court properly ruled in favor of a family on claims that a school district did not meet it's child's needs. The school district argued that it provided the child with appropriate education services. However, the parents may be entitled to tuition reimbursement based on the school district's violations of the Individuals with Disabilities Act, which obligated it to provide a free appropriate public education on the child's behalf. Affirmed.
Court: 8th Circuit, Judge: Kobes, Filed On: August 15, 2023, Case #: 22-3658, Categories: Ada / Rehabilitation Act, Education, Damages
J. Welch finds the Nebraska Public Service Commission properly imposed a $290,000 civil penalty on the grain merchandiser for violations of Nebraska’s Grain Dealer Act and related regulations. The parties acknowledge that the merchandiser’s failure to obtain a Nebraska license gave customers certain rights requiring the merchandiser to inform them of risks regarding the failure to comply. The civil penalty was not excessive, and the commission did not err in considering the merchandiser’s failure to inform customers as an aggravating factor. Affirmed.
Court: Nebraska Court Of Appeals, Judge: Welch, Filed On: August 15, 2023, Case #: A-22-427, Categories: Agriculture, Licensing, Business Practices
J. Douglas finds that the lower court improperly entered a judgment of acquittal after a jury found defendant guilty of eluding an officer. The evidence "rationally supports the jury's verdict," specifically as to the element of whether he operated at a "reckless rate of speed." The police officer testified that defendant was operating his motorcycle at over 90 miles per hour in areas with speed limits of 50 and 35 miles per hour. Vacated in part.
Court: Maine Supreme Court, Judge: Douglas, Filed On: August 15, 2023, Case #: 2023ME51, Categories: Criminal Procedure, Vehicle
J. Jabar finds that the lower court properly entered a judgment allocating the parties' parental rights and responsibilities. The father argues on appeal that the lower court erred by "imposing a time limit on his trial presentation," which prevented him from cross-examining the guardian ad litem. But any error was harmless, however, as the "enforcement of the time limits" did not affect the judgment. Affirmed.
Court: Maine Supreme Court, Judge: Jabar, Filed On: August 15, 2023, Case #: 2023ME50, Categories: Civil Procedure, Family Law
[Consolidated.] J. Mitchell finds that the lower court properly declined to terminate the mother's parental rights to her three children. There is evidence the mother has taken steps to separate herself and the children from the abusive father and to otherwise address her parenting deficiencies. Affirmed.
Court: Missouri Court Of Appeals, Judge: Mitchell, Filed On: August 15, 2023, Case #: WD85850, Categories: Family Law
J. Collins finds that the district court properly entered a sentence following a guilty plea to possession of a firearm by a convicted felon. Defendant argued that the district court should not consider his prior 2004 federal convictions in determining his sentencing range. Neither the Constitution nor any federal statute granted defendant a right to challenge the validity of his 2004 convictions in connection with their use in enhancing his sentence. Affirmed.
Court: 9th Circuit, Judge: Collins, Filed On: August 15, 2023, Case #: 21-30277, Categories: Firearms, Sentencing
Per curiam, the Ninth Circuit denies a petition for panel rehearing in a case in which the panel remanded a matter for the Board of Immigration Appeals to reassess the evidence under the correct legal framework.
Court: 9th Circuit, Judge: Per curiam, Filed On: August 15, 2023, Case #: 19-70961, Categories: Immigration
J. Gregory finds the lower court improperly dismissed the murderer's motion to review his 2013 federal habeas petition, which was denied for being untimely, on the grounds that his multiple mental health disabilities had prevented him from effectively petitioning the court. Following his arrest for the murders of his ex-wife and her boyfriend, he was twice found incompetent to stand trial and was twice admitted to a hospital for treatment to restore his competency. His motion was filed within a reasonable time, given the extensive evidence documenting his severe mental disabilities. Reversed.
Court: 4th Circuit, Judge: Gregory , Filed On: August 15, 2023, Case #: 20-6351, Categories: Competence, Habeas, Murder
J. Reichek finds that the lower court properly granted summary judgment to the appellee in this deficiency action following a foreclosure sale. The appellants' argument regarding a prior material breach was waived, as it was not included as an affirmative defense. Also, their argument that the appellee "did not provide a proper accounting" is without merit. Affirmed.
Court: Texas Courts of Appeals, Judge: Reichek, Filed On: August 15, 2023, Case #: 05-22-00403-CV, Categories: Debt Collection, Real Estate
J. Bishop finds the county court properly divided the couple’s property in this marriage dissolution. $26,456 was set aside as the husband’s premarital asset from a vehicle he used as a trade-in on his wife’s vehicle. Remaining funds went into a savings account which was deemed marital other than $75,000 of the husband’s premarital interest in the account, which he commonly used for operating expenses for the marital farm. Benefit the husband received by the court’s error in calculating division of the farm ends up providing an equitable equivalent to reducing the marital value of a particular year’s crop. Affirmed.
Court: Nebraska Court Of Appeals, Judge: Bishop, Filed On: August 15, 2023, Case #: A-22-226, Categories: Family Law, Property, Contract
J. Lamberth grants, in part, a union's discovery motion regarding labor- and wage-related information from the postal service. Limited discovery on requests for position, location, base salary and overtime pay data, along with positions that are excluded from representation, will be allowed, as ultra vires review under the Postal Reorganization Act is not restricted to the administrative record.
Court: USDC District of Columbia, Judge: Lamberth, Filed On: August 15, 2023, Case #: 1:19cv2236, NOS: Other Statutory Actions - Other Suits, Categories: Government, Discovery, Labor / Unions
[Consolidated.] J. Connolly finds that claim 13 of U.S. Patent No. RE46,284, which concerns therapy for treating colorectal cancer, is not invalid due to inadequate written descriptions. Manufacturers seeking to market a generic version of Lonsurf did not successfully argue that "common sense" would dictate administering the drug in twice-daily doses in light of clinical trials and related studies.
Court: USDC Delaware, Judge: Connolly, Filed On: August 15, 2023, Case #: 1:19cv2309, NOS: Abbreviated New Drug Applications (ANDA) - Property Rights, Categories: Patent
J. Tharp partially grants a mortgage lending firm’s motion to dismiss numerous claims brought by one of the firm’s clients. The client alleges the firm’s agents illegally ransacked his home and stole his belongings before changing the property’s locks, all as part of a foreclosure order the firm levied against him. The firm denies any allegations of wrongdoing, blaming unknown petty thieves for the theft of the client’s belongings. The court splits the difference; dismissing the client’s deceptive practices, negligence and breach of contract claims, while allowing his trespass, conversion, conspiracy and unfair practices claims to stand. The court also bifurcates the client’s unfair debt collection claims, dismissing certain ones and preserving others.
Court: USDC Northern District of Illinois, Judge: Tharp, Filed On: August 15, 2023, Case #: 1:18cv7325, NOS: Consumer Credit - Other Suits, Categories: Debt Collection, Conversion, Banking / Lending
J. Kocoras partially grants the defendant insurance company’s motion for summary judgment on defamation, damages and intentional tort claims brought by the plaintiff insurance broker. The company blamed the broker for failing to add one of its trucking company clients’ trucks to a list of insured vehicles, leading to internal financial and legal disputes as to whose fault it was that the truck wasn’t properly insured after it was in an accident. One of the broker’s experts later claimed that the insurance company’s accusation reduced the broker’s sale price to a larger insurance group by $1.1 million. The court finds factual disputes make summary judgment on the broker’s defamation and intentional tort claims inappropriate, but it partially grants the insurance company’s motion to toss the broker’s damages claims.
Court: USDC Northern District of Illinois, Judge: Kocoras, Filed On: August 15, 2023, Case #: 1:19cv3188, NOS: Assault, Libel, & Slander - Torts - Personal Injury, Categories: Insurance, Tort, Damages
J. Bloom denies auto manufacturer Volkswagen dismissal of product liability claims because plaintiff, the owner of an Audi AG, sufficiently pleaded the seat belt crushed his chest after being triggered by "pre sense technology" falsely triggered by bicyclists who passed near the vehicle.
Court: USDC Southern District of Florida, Judge: Bloom, Filed On: August 15, 2023, Case #: 1:22cv21585, NOS: Motor Vehicle Product Liability - Torts - Personal Injury, Categories: Vehicle, Negligence, Product Liability
J. Rao reverses the district court's dismissal of two pro-lifer groups’ First Amendment action related to the arrest of two students for chalking “Black Pre-Born Lives Matter” on a public sidewalk after the district had refused to arrest the thousands of Black Lives Matter protesters who covered storefronts and streets with their message. The groups have plausibly alleged the district discriminated on the basis of viewpoint. Reversed in part.
Court: DC Circuit, Judge: Rao, Filed On: August 15, 2023, Case #: 21-7108 , Categories: Civil Rights, First Amendment
J. Katsas denies two Chinese companies petition for review of the Federal Communications Commission's revocation of their authorizations to operate communication lines in the U.S. after finding they pose national security risks and were untrustworthy. The commission conducted an adequate process and its decision was not arbitrary.
Court: DC Circuit, Judge: Katsas, Filed On: August 15, 2023, Case #: 22-1054, Categories: Administrative Law, Communications