260 results for 'filedAt:"2023-08-30"'.
J. Elrod finds the district court properly modified a number of the special conditions imposed upon defendant’s 15-year term of supervised release after discharge from his 168-month prison sentence for receiving child pornography. All modified terms address defendant’s use of computers and the internet, as well as associating with minors, administered through the potential use of lie detector tests. Defendant contends that the court lacked jurisdiction to modify the conditions based on an unconstitutional ban on access to all computers. This is true, though the probation office gives other reasons for modification, including that the modifications provide for greater efficiency in monitoring defendant. The district court has jurisdiction to modify supervised release conditions even without other changes in circumstance. Affirmed.
Court: 5th Circuit, Judge: Elrod, Filed On: August 30, 2023, Case #: 22-30383, Categories: Constitution, Probation, Child Pornography
J. Buller finds that a father was properly awarded physical care of the parties' child in a custody dispute because the mother made continual unsubstantiated allegations of child abuse and drug use against the father. Affirmed.
Court: Iowa Court Of Appeals, Judge: Buller, Filed On: August 30, 2023, Case #: 22-1902, Categories: Family Law
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. Stegner finds that the trial court should have made its own independent review of the record in a dispute over the accounting and dissolution of a joint dairy operation before adopting a special master's report. The trial court also erred in dismissing contract and fraud claims without analysis. It also misplaced the burden of proving fraudulent accounting. Vacated.
Court: Idaho Supreme Court, Judge: Stegner, Filed On: August 30, 2023, Case #: 49342, Categories: Fraud, Contract
J. Chin finds that the district court properly upheld civil contempt sanctions and attorney fees in claims contending a debtor's attorney failed to comply with discovery orders seeking U.S. assets related to involuntary bankruptcy proceedings in Russia. The bankruptcy court had inherent authority to impose civil contempt sanctions of $1,000 per day, or $55,000, and $36,000 in attorney fees, and the attorney had ample notice of the likelihood that such would be imposed given his willful disregard of orders to turn over documents responsive to subpoenas. Affirmed.
Court: 2nd Circuit, Judge: Chin, Filed On: August 30, 2023, Case #: 21-2238, Categories: Bankruptcy, Sanctions, Discovery
J. Abramson finds the circuit court properly denied the health and rehab center’s motion to compel arbitration of the wrongful death complaint brought by the special administratrix of the estate of the deceased. The administratrix did not have authority to bind the deceased to an arbitration agreement. The U.S. Supreme Court, in overruling a cited case, has held that the requirement of an express delegation of authority in a power of attorney to agree to arbitration unlawfully singles out arbitration agreements for different treatment from other agreements in violation of the Federal Arbitration Act. The power-of-attorney statutes at issue do not discriminate against arbitration agreements and the circuit court’s decision does not conflict with the cited case. Affirmed.
Court: Arkansas Court Of Appeals, Judge: Abramson, Filed On: August 30, 2023, Case #: CV-22-497, Categories: Arbitration, Wills / Probate, Wrongful Death
J. Sykes finds that the lower court properly reinstated a $5 million restitution award in a consumer fraud action against a company that purported to offer consumers a "free" credit score, but then signed them up for a $29/mo subscription service. The Federal Trade Commission Act permits the refund of money in order to make consumers whole, and so the ruling appropriately refunds to customers the amount not yet returned by the company to victims of this fraud. Affirmed.
Court: 7th Circuit, Judge: Sykes, Filed On: August 30, 2023, Case #: 21-2945, Categories: Damages, Consumer Law
J. Reyes finds that the lower court properly found for Trump Tower's insurers and granted their motions for judgments finding they owed the Chicago hotel no duty to defend it in a lawsuit over the improper operation of a cooling water intake structure. Coverage is barred by the policies' pollution exclusion provisions. Affirmed.
Court: Illinois Appellate Court, Judge: Reyes, Filed On: August 30, 2023, Case #: 221625, Categories: Environment, Insurance, Contract
J. Brody finds that the trial court properly excluded documents that subtenants provided to show ownership of a tree that fell and killed their cat. The documents were unauthenticated hearsay that was not admissible under the business documents exception and were not supported by personal knowledge. Affirmed.
Court: Idaho Supreme Court, Judge: Brody, Filed On: August 30, 2023, Case #: 49592, Categories: Evidence, Property, Negligence
J. Bybee finds that the district court improperly dismissed a commercial property landlord's complaint alleging that the County of Los Angeles’ 2020 eviction moratorium, enacted for the outbreak of Covid-19, violated his rights under the Contracts Clause of the United States Constitution. The moratorium provided tenants with an affirmative defense against eviction if they gave monthly notice to the landlord that they were unable to pay rent. Those allegations were sufficient to plead an injury in fact. Reversed.
Court: 9th Circuit, Judge: Bybee, Filed On: August 30, 2023, Case #: 22-55480, Categories: Landlord Tenant, Covid-19, Contract
J. Gordo finds the trial court property ruled in favor of the bank in the lawsuit it faced from companies to which it made a $5.5 million loan before the companies defaulted. The companies' arguments that the bank was negligent in improvidently granting the loan despite issues with the manager's loan application and unjustly enriched itself are unavailing, in part because there was no fiduciary relationship putting a duty on the bank to prevent negligent lending. Affirmed.
Court: Florida Courts Of Appeal, Judge: Gordo, Filed On: August 30, 2023, Case #: 22-1839, Categories: Fiduciary Duty, Banking / Lending, Contract
J. Dever grants a police officer, his department and the employing municipality their motion for summary judgment following allegations including assault, battery and negligence brought by a man suspected of domestic violence. The officer arrived at the scene and attempted to speak with the woman who had made the call, but the man refused to return to the apartment out of which both had walked. The officer then arrested the man and walked him to his SUV but did not put the man inside because he had a police dog in the back. The man began to walk away, at which point the officer pulled him back toward the SUV. Next, the officer says he accidentally put his elbow through the back windshield trying to pull the man back, while the man claims the officer forcibly put his head through the back windshield. But the officer’s bodycam footage shows that his elbow was bleeding and that the man had no cuts on his head or face. Later, the man is shown on police station footage voluntarily banging his head off a door twice, which is how he sustained a concussion.
Court: USDC Eastern District of North Carolina, Judge: Dever, Filed On: August 30, 2023, Case #: 4:21cv44, NOS: Other Civil Rights - Civil Rights, Categories: Negligence, Emotional Distress, Assault
J. Richardson denies the patentholder's motion to compel a deposition of the competitor's CEO, ruling it failed to demonstrate the executive has unique knowledge of a future product launch or that his goals and vision for the company would be relevant to the current dispute. However, the motion to compel further deposition testimony from the competitor's chief technology officer will granted, and the patentholder will be given an additional three hours to further develop the record regarding the competitor's knowledge of patents that form the basis of the lawsuit.
Court: USDC Connecticut, Judge: Richardson, Filed On: August 30, 2023, Case #: 3:22cv624, NOS: Patent - Property Rights, Categories: Patent, Discovery
J. Levine finds the trial court properly convicted defendant for trafficking and conspiracy to traffic in cocaine. Defendant moved to dismiss based on objective entrapment by his being moved to help the confidential informant because she claimed that she was unemployed, had no place to live and had two children. Defendant also alleges that the informant sexually induced him, though the initial affidavit from defendant did not contain any allegation of sexual inducement. The facts do not violate parameters of the state's conduct as being “so offending” that the court must act to prevent its reoccurrence. Affirmed.
Court: Florida Courts Of Appeal, Judge: Levine, Filed On: August 30, 2023, Case #: 4D20-1522, Categories: Drug Offender, Evidence, Entrapment
J. Schumacher finds that defendant was properly convicted of carrying weapons after a pat down search led to the discovery of a gun. Police justifiably searched defendant after initiating the traffic stop for a defective license plate light, as an open bottle was observed in his car and he was known to participate in gang activity. Affirmed.
Court: Iowa Court Of Appeals, Judge: Schumacher, Filed On: August 30, 2023, Case #: 22-1505, Categories: Search, Weapons
J. Greer finds that defendant was properly denied a new trial after on charges of vehicular homicide following OWI. The toxicology report was admissible since a simple scrivener's error in the search warrant did not constitute an intentional act and did not impact the outcome. Affirmed.
Court: Iowa Court Of Appeals, Judge: Greer, Filed On: August 30, 2023, Case #: 21-1319, Categories: Search, Dui, Vehicular Homicide
J. Lynch finds that the district court properly found for university hiring personnel in first amendment retaliation claims contending an adjunct professor had been passed over for promotion for embracing Keynesian economics because precedent holds that a public university's interest in prioritizing skills and academic perspectives outweighs an individual's academic free speech. Affirmed.
Court: 2nd Circuit, Judge: Lynch, Filed On: August 30, 2023, Case #: 22-1135-cv, Categories: Constitution, Education, Employment
J. Miler finds the trial court improperly found against the former wife in her lawsuit over allegedly fraudulent transfers of funds by her former husband and the consulting company. The trial court incorrectly determined it lacked authority to extend an expired lis pendens the wife recorded with the clerk of court, which is necessary to protect her interests in a property against the claims of third-party lien holders. The wife's petition for certiorari is granted and the trial court's order is quashed.
Court: Florida Courts Of Appeal, Judge: Miller, Filed On: August 30, 2023, Case #: 23-1180, Categories: Property, Settlements, Contract