200 results for 'filedAt:"2023-11-21"'.
J. Richardson dismisses an individual's lawsuit asserting Section 1983 claims against the Town of Smyrna and a town police officer stemming from a previous criminal case against him, in which certain exculpatory emails were allegedly not disclosed at a preliminary hearing. The case is dismissed pursuant to the one-year limitations period, as his claims accrued on April 8, 2021, "upon the dismissal of the charges," and the action was filed nearly two years later.
Court: USDC Middle District of Tennessee , Judge: Richardson, Filed On: November 21, 2023, Case #: 3:23cv119, NOS: Other Civil Rights - Civil Rights, Categories: Civil Procedure, Civil Rights
J. Halligan finds that the appellate division properly limited questions concerning jurors' personal views on self-defense while allowing broader questions on gun licensing and gun control in defendant's trial for possession of a weapon. Meanwhile, defendant failed to preserve his challenge to being convicted under the New York law criminalizing unlicensed possession of a firearm outside of the home or business since he failed to raise the issue in the trial or appellate courts. Affirmed.
Court: New York Court Of Appeals, Judge: Halligan, Filed On: November 21, 2023, Case #: 66, Categories: Criminal Procedure, Firearms, Jury
J. Robart awards the steel framing manufacturer $594,500 in attorney fees and $135,600 in costs, and awards Clarkwestern Dietrich Building Systems LLC $766,600 in attorney fees and $48,500 in costs, for the steel framing manufacturer's complaint that the company founder and others violated a patent order by infringing on the steel framing manufacturer's products.
Court: USDC Western District of Washington, Judge: Robart, Filed On: November 21, 2023, Case #: 2:18cv659, NOS: Other Contract - Contract, Categories: Patent, Attorney Fees, Contract
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J. Stras finds a lower court improperly ruled in favor of a vegan lifestyle promoter on civil rights claims against a university. The vegan enthusiast argued that the university violated his First Amendment rights by forcing him to obtain permission from a school administrator to pass out pamphlets on veganism. However, the university officials presented sufficient evidence in court that its advance notice policy requirement for non- university publications does not constitute a prior restraint. Reversed.
Court: 8th Circuit, Judge: Stras, Filed On: November 21, 2023, Case #: 22-1826, Categories: Civil Rights, Constitution, Education
J. Moore finds the district court properly denied defendant's motion for postconviction relief. Defendant, privy to the fact that the Burger King where his sister worked was having a problem with its security system, burglarized the restaurant and was identified by his sister's recognition of his bushy eyebrows on security video. Furthermore, defendant's ineffective assistance claim fails, as his wife's claim that he was in Colorado during the burglary could have resulted in perjury charges and the decision not to call her was a reasonable strategy. Affirmed.
Court: Nebraska Court Of Appeals, Judge: Moore , Filed On: November 21, 2023, Case #: A-22-965, Categories: Burglary, Evidence, Ineffective Assistance
Per curiam, the court of appeals finds that the appellate division properly held that defendant was ineligible for adjudication as a youthful offender after pleading guilty to weapon possession for brandishing a loaded gun during an argument over a parking space. Although he was 17 years old at the time, mitigating circumstances did not offset the threatening manner in which defendant used the gun. Meanwhile, defendant failed to preserve the challenge to being convicted under the New York law criminalizing unlicensed possession of a firearm outside of a home or business because he did not raise the issue in the trial or appellate courts. Affirmed.
Court: New York Court Of Appeals, Judge: Per curiam, Filed On: November 21, 2023, Case #: 64, Categories: Criminal Procedure, Firearms, Juvenile Law
Per curiam, the Supreme Court of Ohio finds law school graduate Jared Cline's application for admission to the practice of law will be denied for his breach of a contract with the Ohio Lawyers Assistance Program that required him to attend AA meetings and refrain from consumption of alcohol for a 2-year period. Cline, who has a previous DUI conviction, drank several beers with family members after the death of his grandfather and refuses to accept he has a substance abuse problem.
Court: Ohio Supreme Court, Judge: Per curiam, Filed On: November 21, 2023, Case #: 2023-Ohio-4169, Categories: Sanctions, Attorney Discipline
J. Palk partially denies the defendant manufacturer's motion for summary judgment, specifically as to the express warranty claim, in this lawsuit concerning the manufacture and sale of a certain drilling rig. The record shows that the oil and gas company used a purchasing agent to acquire the rig, meaning it is "entitled to enforce the terms of the Contract." The court notes that it will address "the remaining issues" in a separate order.
Court: USDC Western District of Oklahoma , Judge: Palk, Filed On: November 21, 2023, Case #: 5:18cv790, NOS: Other Contract - Contract, Categories: Energy, Warranty, Contract
J. Johnson finds that the farmers did not show their equal protection rights were violated when they applied for their borrow pit permit from the Plaquemines Parish Government. The farmers claim they lost almost $1 million because the parish prevented them from excavating 324,000 cubic yards of clay to be used in a levee construction. In this case, the farmers did not establish how they were treated differently from other borrow pit operators, despite being the only operators required to backfill for having their borrow pit exceed ten acres. Further, the farmers do not show that an unconstitutional taking took place because the property had been used for other economically beneficial purposes such as a farm. The farmers were still able to make a profit by excavating some of the clay from their property after submitting their second borrow pit application. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Johnson, Filed On: November 21, 2023, Case #: 2023-CA-0098, Categories: Property, Contract
J. Menashi finds that the district court properly declined to vacate defendant's conviction and sentence on firearm charges. Defendant contends such had been based on a now-invalid conspiracy predicate, but the conviction rested on a valid predicate crime of violence since the jury found that defendant committed both substantive murder and murder conspiracy in a retaliatory killing he organized. Affirmed.
Court: 2nd Circuit, Judge: Menashi, Filed On: November 21, 2023, Case #: 21-2632, Categories: Firearms, Murder, Conspiracy
J. Chicchelly finds that a mother's parental rights were properly terminated since she allowed her husband back into the family home after he brutally assaulted her in front of the children, and one child died of severe malnutrition. Affirmed.
Court: Iowa Court Of Appeals, Judge: Chicchelly, Filed On: November 21, 2023, Case #: 23-1287, Categories: Family Law
J. Lee finds that the district court improperly held that the Federal Aviation Act preempted claims brought against companies that helped manufacture a helicopter that crashed and killed two U.S. Army pilots because the claims concern civil aviation safety and do not speak to military aircraft. However, the district court must determine whether the military contractor defense bars the claims in a "fact-intensive analysis."
Court: 2nd Circuit, Judge: Lee, Filed On: November 21, 2023, Case #: 20-2951, Categories: Preemption, Tort, Military
J. Schumacher finds that defendant's application for relief from his conviction for possession of marijuana with intent to deliver was properly dismissed because he failed to preserve error on equitable tolling claims. Affirmed.
Court: Iowa Court Of Appeals, Judge: Schumacher, Filed On: November 21, 2023, Case #: 22-2065, Categories: Drug Offender
J. Bower finds that defendant was properly denied relief from his conviction for committing second-degree murder and robbery when he was 17 years old. Defendant contends counsel should have obtained a child psychiatrist to evaluate him for intent, but this would have been necessary only in the case that he had been charged with first-degree murder. Affirmed.
Court: Iowa Court Of Appeals, Judge: Bower, Filed On: November 21, 2023, Case #: 22-0858, Categories: Ineffective Assistance, Intent, Experts
J. Klausner dismisses the California State University professors' complaint accusing the CSU chancellor and others of implementing a policy that discriminated against members of the Indian and South Asian communities and those who practiced Hinduism. The professors claim that the policy violates due process because it uses the word "caste" without providing a definition and thus allows vague usage. However, the anti-discrimination policy is meant to shield religion from discrimination, and they do not show that they face a credible threat of persecution from this policy despite being Hindu practitioners for the duration of their employment.
Court: USDC Central District of California, Judge: Klausner, Filed On: November 21, 2023, Case #: 2:22cv7550, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Employment, Due Process
J. Halligan finds that the appellate division improperly held that defendant had not been in custody when police questioned him on a residential street about guns in the trunk of his car because handcuffing defendant restricted free movement akin to a formal arrest, which necessitated Miranda warnings. Meanwhile, defendant failed to preserve his challenge to being convicted under the New York law criminalizing unlicensed possession of a firearm outside the home or business since he failed to raise the issue in the trial or appellate courts. Reversed.
Court: New York Court Of Appeals, Judge: Halligan, Filed On: November 21, 2023, Case #: 65, Categories: Criminal Procedure, Firearms, Miranda
J. Greer finds that defendant was properly convicted of OWI because the traffic stop was justified after a deputy observed defendant's vehicle crossing the center line, weaving and erratically changing speed. Affirmed.
Court: Iowa Court Of Appeals, Judge: Greer, Filed On: November 21, 2023, Case #: 23-0521, Categories: Evidence, Dui
J. Troutman finds that the appellate division properly upheld defendant's conviction for weapon possession after a loaded firearm was found in his vehicle when marijuana was observed therein at a traffic safety checkpoint. Defendant challenged being singled out, but officers were merely stopping every third car at the roadblock and the marijuana was plainly visible. Meanwhile, defendant failed to preserve his challenge to being convicted under the New York law criminalizing unlicensed possession of a firearm outside of a home or business since he failed to raise the issue in the trial or appellate courts. Affirmed.
Court: New York Court Of Appeals, Judge: Troutman, Filed On: November 21, 2023, Case #: 63, Categories: Criminal Procedure, Firearms, Search
J. Shah denies a capital fund’s motion to dismiss a securities fraud complaint for lack of jurisdiction, but partially grants its motion to dismiss the complaint for failure to state a claim. Investors in the fund say they lost $1.3 million to the fund, and after its managers gave them misleading reports about its, in reality, poor performance. The court finds it has jurisdiction over the suit but dismisses most of the investors’ state-level claims and their federal securities claims. The state law negligence charge survives.
Court: USDC Northern District of Illinois, Judge: Shah, Filed On: November 21, 2023, Case #: 1:22cv1010, NOS: Securities/Commodities/Exchange - Other Suits, Categories: Fraud, Securities, Negligence
J. Tunheim grants the commercial and indirect beef purchasers' motion for an award of attorneys' fees, reimbursement of litigation expenses and a class representative service award related to a class-action settlement with meat packers in ongoing multi-district antitrust litigation. The past litigation expenses incurred were reasonable and necessary, and a $1.75 million fund for future litigation expenses is appropriate. Attorney fees totaling just over $8 million are also appropriate, as is a $15,000 service award.
Court: USDC Minnesota, Judge: Tunheim, Filed On: November 21, 2023, Case #: 0:22md3031, NOS: Antitrust - Other Suits, Categories: Antitrust, Attorney Fees, Class Action
J. Hudis reverses, in part, the examining attorney's refusal to register applicant's mark, "Follow the Leader," for promotional, financial, travel and other services. The phrase does not convey a single, common meaning across a variety of services, and it is capable of functioning as an indicator of the source of applicant's services. Reversed in part.
Court: Trademark Trial and Appeal Board, Judge: Hudis, Filed On: November 21, 2023, Case #: 90641690, Categories: Trademark
J. England denies, in part, an employer’s motion for partial summary judgment on a law enforcement consultant’s retaliation action. Claim preclusion based on her previously-filed qui tam action does not apply, as her current allegations regarding retaliatory conduct were not raised in the prior case.
Court: USDC Eastern District of California, Judge: England, Filed On: November 21, 2023, Case #: 2:15cv1951, NOS: Employment - Civil Rights, Categories: Civil Procedure, Employment Retaliation