158 results for 'filedAt:"2023-12-07"'.
J. Shepherd finds a lower court properly resentenced a defendant to 240 months in prison for playing a role in a drug ring that sold cocaine. The defendant argued that he is entitled to another sentence reduction. However, the government sufficiently showed in court that he faced a life sentence, which was reduced under the First Step Act.
Court: 8th Circuit, Judge: Shepherd, Filed On: December 7, 2023, Case #: 22-3040, Categories: Drug Offender
J. Alikhan suspends prosecutors Mary Chris Dobbie and Reagan Taylor for six months, stayed in lieu of one year probation. Although the attorneys failed to disclose exculpatory information to the defense during an assault case, there is no evidence of bad faith and they both have clean records.
Court: DC Court of Appeals, Judge: Alikhan, Filed On: December 7, 2023, Case #: 21-BG-0024 , Categories: Attorney Discipline
J. Alikhan upholds defendant's conviction for receiving stolen property based on evidence he robbed an individual in Maryland, boarded a train and traveled to D.C., where he was arrested with the stolen goods. The record shows he possessed the stolen goods within the district, as required by statute. Affirmed.
Court: DC Court of Appeals, Judge: Alikhan, Filed On: December 7, 2023, Case #: 22-CM-0878 , Categories: Theft
[Consolidated.] J. Garry finds that the workers' compensation board properly disallowed claims in which a mason sought benefits after a rooftop slip-and-fall accident rendered him paraplegic because documentary evidence indicated the mason was a partner in the firm rather than an employee of the chimney company and thus excluded from coverage by law. Affirmed.
Court: New York Appellate Divisions, Judge: Garry, Filed On: December 7, 2023, Case #: 535748, Categories: Employment, Workers' Compensation
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J. Eisnaugle finds the trial court did not err by imposing $67 in costs in a written cost order, as statutes and precedent do not necessarily require citation to local authority for imposing costs in a written order, and due process is satisfied when there is citation to such authority somewhere else in the record. Defendant's argument that every written cost order requires citation to such authority fails, and her judgment and sentence stand. Affirmed.
Court: Florida Courts Of Appeal, Judge: Eisnaugle, Filed On: December 7, 2023, Case #: 21-2985, Categories: Criminal Procedure, Due Process
Per curiam, the appellate division finds that the unemployment insurance appeal board properly held that a teacher's aide was disqualified from receiving benefits because he voluntarily left his job without good cause to become a full-time student and earn a bachelor's degree. Affirmed.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: December 7, 2023, Case #: CV-23-0825, Categories: Employment, Insurance
J. Hurd preserves a homeowner’s single claim for conversion against JPMorgan Chase, which alleges it accepted a joint homeowner’s insurance check for $81,353, issued to cover losses to their home stemming from a frozen pipe that burst, without the homeowner’s endorsement. He provides enough evidence to allege that he had constructive possession of the check, and that the endorsee of the check, who later absconded with the funds, was acting as the co-payee’s agent.
Court: USDC Northern District of New York, Judge: Hurd, Filed On: December 7, 2023, Case #: 5:23cv223, NOS: Negotiable Instrument - Contract, Categories: Insurance, Conversion
J. Hamilton finds that the lower court properly upheld the Social Security Administration decision to deny the applicant disability benefits. The agency reasonably found that the application was able to perform some kinds of sedentary work despite her significant gastrointestinal problems, including frequent vomiting, caused by her radiation treatment for cancer. Affirmed.
Court: 7th Circuit, Judge: Hamilton, Filed On: December 7, 2023, Case #: 22-2808, Categories: Social Security
Vice Chancellor David rules that homebuyers failed to prove sellers committed fraud concerning chronic drainage problems plaguing their lot because the sellers did not misrepresent or omit material facts by previously remediating the lot to the satisfaction of the county.
Court: Delaware Chancery Court, Judge: David, Filed On: December 7, 2023, Case #: 2019-0588-BWD, Categories: Fraud, Property
J. Fitzwater grants, in part, a consumer's motion for sanctions against a financial company and a car recovery service in his credit reporting case. The financial company's late-filed supplemental disclosure of new fact witnesses will be excluded to discourage others from engaging in untimely service.
Court: USDC Northern District of Texas , Judge: Fitzwater, Filed On: December 7, 2023, Case #: 3:22cv1289, NOS: Consumer Credit - Other Suits, Categories: Sanctions, Consumer Law, Banking / Lending
J. Peterson grants summary judgment to the county, sheriff, jail administrator and others in a lawsuit from the parents of a woman who died by suicide while in custody at the county's jail. The parents concede that jail staff could not have known about their daughter's suicidal intentions at the time of her death, in part because she spent 18 days in general population denying feeling suicidal and showing no concerning behavior after spending two days on suicide watch, so there is no basis for an Eighth Amendment deliberate indifference claim. The parents' alternative arguments, including those blaming their daughter's death on unconstitutional excessive force and conditions of confinement, fail for a lack of evidence in the record, and their state-law claims are dismissed without prejudice.
Court: USDC Western District of Wisconsin, Judge: Peterson, Filed On: December 7, 2023, Case #: 3:22cv253, NOS: Other Civil Rights - Civil Rights, Categories: Constitution, Negligence
J. Davis allows a citizen to replace a medical expert to provide testify regarding his excessive force claims brought against Potsdam city police officers sustained during his arrest at traffic stop. His previous expert failed to respond to his counsel’s requests. The court will allow defense counsel to conduct additional deposition, to minimize any prejudice. However, the expert is precluded from providing testimony concerning allegations that the citizen suffered amnesia as a result of his injuries.
Court: USDC Northern District of New York, Judge: Stewart, Filed On: December 7, 2023, Case #: 8:23cv849, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Experts, Police Misconduct
[Consolidated.] J. Ervin-Knott finds that the trial court properly determined that a property owner did not establish ownership by way of 30-year acquisitive prescription of an adjacent property. Historical surveys did not establish that the property owner's ancestors-in-title continuously and unequivocally possessed any portion of the adjacent property for thirty years between 1939 and 1972. Further, the trial court properly set the boundary line in accordance with the November 23, 2015 Boundary Survey Plat because one of the surveyors testified that there were no significant disagreements between himself and the other surveyors involved over the location of the property lines for the properties. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Ervin-Knott, Filed On: December 7, 2023, Case #: 2023-CA-0335, Categories: Evidence, Property
J. Nelson denies partial summary judgment to the farm worker for his complaint accusing the farm of not employing him for two seasons despite his valid contract. There is a genuine issue of material fact as to whether the farm had a legitimate reason to not employ the farm worker, as it contends that he abandoned a job with the farm in 2008 and was thus ineligible for rehire in 2019.
Court: USDC Oregon, Judge: Nelson, Filed On: December 7, 2023, Case #: 3:22cv678, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Employment
J. Ellis finds that the lower court properly ruled that the construction industry groups are unable to challenge the county's expenditures under previous fiscal years dating back to 2016. However, it improperly found for the county on the groups' claims that the county's spending of transportation funds in 2023 violated the Illinois Constitution. It remains unclear from the record which expenses qualified for the comptroller's list of transportation-related expenses, and whether these expenses were correctly designated as related to transportation enforcement or safety. Reversed in part.
Court: Illinois Appellate Court, Judge: Ellis, Filed On: December 7, 2023, Case #: 231459, Categories: Constitution, Municipal Law, Transportation
Per curiam, the circuit finds that the district court improperly imposed career-criminal enhancements in the sentence imposed after defendant pleaded guilty to distributing cocaine base because two prior state-court narcotics convictions involved laws categorically broader than comparable federal laws.
Court: 2nd Circuit, Judge: Per curiam, Filed On: December 7, 2023, Case #: 20-4162, Categories: Drug Offender, Sentencing
J. Vratil denies a group of consumers who purchased bonded abrasive discs from an electrical tool company's motion for class certification. The electrical tool company, which may have failed to place a warning label on its products, showed in court that the consumer failed to meet class action requirements.
Court: USDC Kansas, Judge: Vratil, Filed On: December 7, 2023, Case #: 2:23cv2028, NOS: Property Damage Product Liability - Torts - Personal Property, Categories: Negligence, Product Liability, Class Action
J. Hiland finds the trial court properly convicted defendant for first-degree murder and sentenced him to life imprisonment. After defendant learned his sister had accused his best friend of raping her, he shot the friend multiple times, killing him. Defendant admitted this to his wife and was arrested after requesting a lawyer through his squad leader in the Arkansas National Guard. The record has been examined for all objections, motions, and requests made by either party decided adversely to him and no prejudicial error is found. Affirmed.
Court: Arkansas Supreme Court, Judge: Hiland , Filed On: December 7, 2023, Case #: CR-23-72, Categories: Evidence, Murder, Due Process
J. Spain finds that the trial court properly terminated the mother's parental rights to her son and appointed the department as the child's sole permanent managing conservator. There was sufficient evidence to support the endangerment finding, and this includes multiple instances of neglectful supervision by the mother. Affirmed.
Court: Texas Courts of Appeals, Judge: Spain, Filed On: December 7, 2023, Case #: 14-23-00424-CV, Categories: Evidence, Family Law
J. Furuya finds a lower court properly dismissed a group of civilians' negligence claims against a county. The civilians argued that they suffered injuries when a Deputy Sheriff rear-ended them in traffic. However, the county presented sufficient evidence in court that it is not responsible for negligent actions at the hands of Sheriff employees, based on lack of a "principle- agent relationship" between the parties. Affirmed.
Court: Arizona Court Of Appeals Division One, Judge: Furuya, Filed On: December 7, 2023, Case #: 1 CA-CV 22-572, Categories: Negligence
J. Loken finds a lower court properly imposed a pretrial detention order on a defendant who started seven fires while intoxicated inside of a hotel stairwell during a work function. The defendant argued that she is not a flight risk or a danger to society. However, the government sufficiently showed in court that the defendant would most likely abscond, based on her history of violating court orders. Affirmed.
Court: 8th Circuit, Judge: Loken, Filed On: December 7, 2023, Case #: 23-3147, Categories: Sentencing, Arson, Employment