175 results for 'filedAt:"2023-12-14"'.
Vice Chancellor Will dismisses claims in which a personal transportation company contends its former president breached her duty of oversight by disregarding financial discrepancies because nothing in the complaint gave rise to "Caremark" liability claims, and facts did not suggest the corporate officer acted with bad faith.
Court: Delaware Chancery Court, Judge: Will, Filed On: December 14, 2023, Case #: 2022-1110-LWW, Categories: Fiduciary Duty
J. Ceresia finds that the lower court properly convicted defendant based on his guilty plea to driving while intoxicated and aggravated unlicensed operation of a motor vehicle. Defendant contends he should not have been allowed to represent himself at sentencing, but his request was unequivocal and the court's inquiry was thorough. Affirmed.
Court: New York Appellate Divisions, Judge: Ceresia, Filed On: December 14, 2023, Case #: 112877, Categories: Sentencing, Dui, Self Representation
J. Gallagher finds the trial court erroneously determined a letter between the buyer and its financing company constituted an enforceable contract. Testimony in the record established the buyer believed the letter entitled him to an unlimited number of closing date extensions, while the financing company clearly envisioned only a single month extension; therefore, there was no meeting of the minds that allowed for the formation of a contract. Reversed.
Court: Ohio Court Of Appeals, Judge: Gallagher, Filed On: December 14, 2023, Case #: 2023-Ohio-4535, Categories: Evidence, Banking / Lending, Contract
J. Lange grants the South Dakota Supreme Court's several motions to dismiss a matter concerning the resolution of a land dispute of a family ranch. Having lost every prior case on the matter, one ranch partial owner alleged constitutional errors and fraud in the prior litigation. The South Dakota Supreme Court wrote that the owner filed the lawsuit for the purposes of preventing sale of the property, not because he believed his partnership interest remained enforceable. The history of litigation combined with the absence of merit of the claims justifies an award of attorney fees and the matters are dismissed.
Court: USDC South Dakota, Judge: Lange, Filed On: December 14, 2023, Case #: 4:23cv4118, NOS: Other Civil Rights - Civil Rights, Categories: Constitution, Property
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J. Bernal denies Monster Energy's motion for sanctions in its lawsuit accusing the pharmaceutical company's products of infringing on Monster's trademarks. Monster Energy does not prove that the pharmaceutical company acted in bad faith as the deposition of the latter's former sales executive often explicitly corroborates the statements that Monster contends are false. The record shows that the executive participated in the pharmaceutical company's preparation and ratified its content during the injunction proceedings, and other witness testimony supports the disputed contents of the executive's declaration.
Court: USDC Central District of California, Judge: Bernal, Filed On: December 14, 2023, Case #: 5:18cv1882, NOS: Other Statutory Actions - Other Suits, Categories: Sanctions, Trademark, Discovery
J. Harris finds defendant's waiver of his right to an attorney was valid even though he made the choice to preserve his trial date and avoid a continuance. The choice between a continuance and pro se representation was not unconstitutional and, therefore, the waiver was entered knowingly and voluntarily. Meanwhile, the trial court was not required to sua sponte appoint an attorney when defendant proved ineffective as his own attorney because a knowing waiver of a defendant's right to counsel necessarily involves the risk of poor representation but does not allow a trial court to intervene. Affirmed.
Court: Colorado Court Of Appeals, Judge: Harris, Filed On: December 14, 2023, Case #: 2023COA119, Categories: Constitution, Sex Offender, Self Representation
J. Singas finds that defendant was properly convicted of committing a shooting at a house party based on a first-time in-court identification by a neighbor, who had not made a pre-trial identification even though she reported the shooting, because she established her reliability as an eyewitness before taking the stand. Defendant had not received formal notice but was made aware his neighbor would ID him at trial. Affirmed.
Court: New York Court Of Appeals, Judge: Singas, Filed On: December 14, 2023, Case #: 28, Categories: Witnesses, Identification
J. Goldstein finds that the lower court improperly dismissed the appellant church's contract and fraud case for want of prosecution. The dismissal order indicated that "counsel failed to file a motion for continuance," but counsel was not notified that dismissal would result from not filing the motion. Also, the record lacks the "purported applicable local rules" that the appellees reference. Reversed.
Court: Texas Courts of Appeals, Judge: Goldstein, Filed On: December 14, 2023, Case #: 05-22-01232-CV, Categories: Civil Procedure, Due Process
[Consolidated.] J. Powers finds that the workers' compensation board properly held that claimant failed to report she had fallen downstairs a year prior to bringing claims for injuries sustained as an aide at a men's shelter. Claimant contends she had not been trying to hide anything, but she had not disclosed the prior accident while undergoing an independent medical examinations as part of the benefits process. A mandatory penalty was appropriate, but the time frame covered by the penalty should be reduced. Affirmed in part.
Court: New York Appellate Divisions, Judge: Powers, Filed On: December 14, 2023, Case #: 536034, Categories: Workers' Compensation
Per curiam, the appellate division finds that attorney Ngozi Akunna Njoku may not be reinstated following her January 2014 suspension for failing to meet registration requirements because even though she cured the delinquency, Njoku did not disclose that she was the subject of two suspensions in her home province of Ontario, Canada.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: December 14, 2023, Case #: PM-276-23, Categories: Attorney Discipline
J. Pritzker finds that the workers' compensation board properly declined to reconsider the decision denying a cook a schedule loss of use award concerning lower back and left leg injuries sustained when a pot of boiling water fell on him at work because his treating physician failed to explain how the award had been calculated or to document permanent functional impairments. Affirmed.
Court: New York Appellate Divisions, Judge: Pritzker, Filed On: December 14, 2023, Case #: CV-23-0056, Categories: Workers' Compensation
J. Carbullido finds the lower court improperly denied defendant full access to a DNA expert in his sexual assault case, leaving him unable to present a complete defense and was eventually convicted. The trial court did not approve an expert for defendant until only days before the beginning of the trial, preventing him from fully investigating the DNA recovered from the victim and a towel at the scene. Vacated.
Court: Guam Supreme Court, Judge: Carbullido, Filed On: December 14, 2023, Case #: CRA21-15, Categories: Dna, Experts, Child Victims
J. Thrash grants the franchisor's motion to dismiss and partially grants the motel franchise owner's motion to dismiss an action brought by the unnamed individual under the Trafficking Victims Protection Reauthorization Act arising from claims that she was a victim of sex trafficking at a motel. The individual failed to state a beneficiary claim under the Act against the franchisor because she has not sufficiently alleged that the franchisor participated in a venture in violation of the Act or that the franchisor knew or should have known about the trafficking. However, the individual plausibly alleged that the operator should have known about the trafficking.
Court: USDC Northern District of Georgia, Judge: Thrash, Filed On: December 14, 2023, Case #: 1:23cv2597, NOS: Other Personal Injury - Torts - Personal Injury, Categories: Tort
J. Kaplan finds for the U.S. in this post-award bid protest for a contract to build ships because the coast guard performed a fair and reasonable evaluation of the proposals and reached a best value decision.
Court: Court of Federal Claims, Judge: Kaplan, Filed On: December 14, 2023, Case #: 22-1517C, Categories: Contract
J. Tapp finds for the U.S. in this post-award bid protest for a contract to provide operations and maintenance services because the U.S. performed a fair and reasonable evaluation of the proposals.
Court: Court of Federal Claims, Judge: Tapp, Filed On: December 14, 2023, Case #: 23-1392, Categories: Contract
J. Flaum finds that the lower court properly convicted defendant of disorderly conduct after he threatened a security officer at the VA hospital because he was upset that test results did not show he had sleep apnea. The hospital is a non-public forum, and reasonably prohibits shouting, abusive language, and other conduct that disrupts care for veterans, so defendant's First Amendment challenge to his convictions fails. Affirmed.
Court: 7th Circuit, Judge: Flaum, Filed On: December 14, 2023, Case #: 22-3264, Categories: Constitution, Assault
J. Erickson finds a lower court improperly denied a defendant's motion to suppress evidence concerning charges of being a prohibited person in possession of a firearm. The government argued that the lower court properly applied the Leon good faith exception when calculating his 37 month prison sentence, and that he was not entitled to relief based on multiple burglaries of vacant buildings and locked construction containers, which he broke in using specific burglary tools. However, the defendant presented sufficient evidence in court that a warrant obtained by authorities failed to establish probable cause to search his home, and that it may have been based on "suspicion" of burglary and theft. Vacated.
Court: 8th Circuit, Judge: Erickson , Filed On: December 14, 2023, Case #: 22-3352, Categories: Burglary, Evidence, Theft
J. Grasz finds a lower court properly convicted a defendant for distribution of fentanyl resulting in death and two counts of unlawfully possession a firearm as a felon. The defendant argued that the lower court erred in allowing testimony in court brought by the girlfriend of a deceased customer, who died from overdose, and failed to present evidence that he carried a firearm. However, the government sufficiently showed in court that text messages between the defendant and a buyer showed that he sold him fentanyl-laced heroin, which resulted in his death, and that he carried a weapon while trafficking drugs. Affirmed.
Court: 8th Circuit, Judge: Grasz, Filed On: December 14, 2023, Case #: 22-3499, Categories: Drug Offender, Evidence, Weapons
J. Shepherd finds a lower court properly denied a defendant's motion to suppress evidence located by authorities during a traffic stop. The defendant, who disclosed that he was travelling to Las Vegas, argued that the State troopers did not have reasonable suspicion to search his vehicle. However, the government presented sufficient evidence in court that the defendant, who has "extremely rotting teeth," was profusely sweating and exhibiting nervous behavior, possessed a firearm, ammunition, and meth, which was discovered during a drug dog alert. Affirmed.
Court: 8th Circuit, Judge: Shepherd, Filed On: December 14, 2023, Case #: 23-1012, Categories: Drug Offender, Evidence, Search