153 results for 'filedAt:"2023-12-28"'.
J. Pryor finds that the district court properly convicted defendants of offenses including distributing methamphetamine and killing a witness. Defendants conspired to give a syringe of lethal drugs to the victim after they discovered she was cooperating with a federal investigation. Although prosecutors failed to provide the required written notice for evidence of a jail detainee's testimony that one defendant solicited him to murder a witness, the error was harmless because defendants had notice of the expected testimony well before trial. The district court did not commit any error in refusing to instruct the jury on spoliation of evidence. Affirmed.
Court: 11th Circuit, Judge: Pryor, Filed On: December 28, 2023, Case #: 22-11373, Categories: Drug Offender, Conspiracy, Witnesses
J. Powers finds that the lower court properly further restricted a father's supervised visits with his daughter by requiring that they occur in public because the child's best interests would be served by limiting contact until the father could demonstrate some stability in his mental health and alcohol use. Affirmed.
Court: New York Appellate Divisions, Judge: Powers, Filed On: December 28, 2023, Case #: 534499, Categories: Family Law
[Consolidated.] J. Egan finds that the lower court improperly dismissed defendant's request to vacate her drug possession conviction for participating in the production of methamphetamine because defendant disclosed text messages demonstrating that assigned counsel pursued a potential sexual relationship with her, which may have influenced defense strategy.
Court: New York Appellate Divisions, Judge: Egan, Filed On: December 28, 2023, Case #: 112038, Categories: Drug Offender, Ineffective Assistance
J. Crenshaw denies the lessors' dismissal motion related to the multifamily complaint but grants the dismissal motion pertaining to the student complaint in this consolidated litigation alleging "an illegal price-fixing conspiracy" in the student and multifamily rental housing markets. The student complaint fails to "adequately plead an unreasonable restraint of trade under the Rule of Reason."
Court: USDC Middle District of Tennessee , Judge: Crenshaw, Filed On: December 28, 2023, Case #: 3:22cv1082, NOS: Antitrust - Other Suits, Categories: Antitrust, Housing
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. Dever declines to dismiss breach of contract allegations brought by an insurance adjuster against a vacation rental firm that allegedly didn’t pay any fees when the adjuster recovered damages from Liberty Mutual. Hurricane Florence caused damage to the firm’s property and it filed a claim with Liberty Mutual, which never paid anything to the firm. The adjuster sued Liberty Mutual on the firm’s behalf and recovered over $1 million for the business, which has not paid the adjuster. The firm argues that the adjuster does not have subject matter jurisdiction, but because the amount in controversary exceeds $75,000, the firm’s motion to dismiss does not hold up under this argument.
Court: USDC Eastern District of North Carolina, Judge: Dever, Filed On: December 28, 2023, Case #: 4:23cv143, NOS: Other Contract - Contract, Categories: Insurance, Contract
J. Jensen finds that the district court properly entered criminal judgment after defendant was convicted of sexual assault, a class A misdemeanor, and five counts of gross sexual imposition, class A felonies. Defendant claimed that the district court relied on impermissible factors rendering his sentence illegal and that his sentence constituted cruel and unusual punishment. Affirmed.
Court: North Dakota Supreme Court, Judge: Jensen, Filed On: December 28, 2023, Case #: 2023ND246, Categories: Constitution, Sentencing, Sex Offender
J. Clark finds that the lower court improperly convicted defendant of drug possession after cocaine was found in his backpack during a traffic stop. Defendant should have been granted a jury instruction on a lesser included possession offense because his explanations for his presence in town, the cocaine, and the weight scale plausibly countered the intent-to-sell element of the original charge. Reversed.
Court: New York Appellate Divisions, Judge: Clark, Filed On: December 28, 2023, Case #: 112202, Categories: Drug Offender, Jury Instructions
J. Mays finds security camera footage showing defendant's vehicle in the vicinity of the crime scene, along with eyewitness testimony about the shooting, was sufficient for the jury to convict him on complicity murder and weapons charges. Meanwhile, the trial court properly admitted the detective's testimony about possible motives for the crime discussed by police prior to defendant's arrest. Defendant's attorney was able to fully cross-examine the detective to avoid any confusion on the part of the jury about the timeline of events in the case. Affirmed.
Court: Ohio Court Of Appeals, Judge: Mays, Filed On: December 28, 2023, Case #: 2023-Ohio-4791, Categories: Evidence, Jury, Murder
J. Powers finds the trial court erred in denying defendant’s motion to suppress evidence because the officer’s question expanded the scope of the traffic stop without an independent constitutional justification. “Officer’s inquiry violated the subject-matter limitation that Article I, section 9, imposes on investigatory stops given the circumstances in which it arose and that the state did not meet its burden to prove that the violation did not affect defendant’s subsequent consent to a patdown and search of his pockets.” Reversed.
Court: Oregon Court of Appeals, Judge: Powers, Filed On: December 28, 2023, Case #: A173064, Categories: Drug Offender, Evidence, Search
J. Mahan finds in favor of the civilian driver in a car collision case based, in part, on the government's concession of $4,300 in damages for the accident, in which she was rear-ended by an Army sergeant. However, the driver fails to show she is entitled to $5 million in damages for spinal cord and brain injuries, as she provided no medical testimony showing a connection between the accident and her neurological injury.
Court: USDC Nevada, Judge: Per curiam, Filed On: December 28, 2023, Case #: 2:19cv248, NOS: Motor Vehicle - Torts - Personal Injury, Categories: Government, Vehicle, Damages
J. Silva grants the receiver's motion for contempt in a case in which the receiver was appointed shortly after the SEC initiated this action involving allegations of securities violations against the law firm. The attorney representing the ex-wife of the law firm's namesake has disputed meeting with the receiver and has avoided contact. It was found that he had initiated the sale of a vehicle in order to cover expenses and failed to disclose this to the SEC and receiver. Furthermore, the attorney has not offered evidence or arguments to support substantial compliance.
Court: USDC Nevada, Judge: Silva , Filed On: December 28, 2023, Case #: 2:22cv612, NOS: Securities/Commodities/Exchange - Other Suits, Categories: Contempt, Property, Securities
J. Tunheim partially grants the retailer's motion to dismiss the produce supplier's suit alleging that it was underpaid for produce deliveries. A one-year time bar in the parties' contract requires dismissal of all of the supplier's claims except one breach-of-contract claim, which survives because the supplier has plausibly alleged that the retailer "strung it along" and can be equitably estopped from arguing that the claim is time-barred.
Court: USDC Minnesota, Judge: Tunheim, Filed On: December 28, 2023, Case #: 0:23cv370, NOS: Other Contract - Contract, Categories: Fraud, Contract
J. Smith finds that the trial court properly ruled against the inmate in his suit alleging he received inadequate medical care from the University of Texas Medical Branch. The inmate failed to show a waiver of sovereign immunity, so the plea to the jurisdiction was correctly granted. Affirmed.
Court: Texas Courts of Appeals, Judge: Smith, Filed On: December 28, 2023, Case #: 10-23-00239-CV, Categories: Health Care, Tort, Immunity
J. Deahl finds a financial adviser who was fined and barred from the investment advisory business after it was determined he exercised undue influence over his elderly client, who left him her $500,000 estate, will get another shot in front of the Department of Insurance, Securities, and Banking. The department improperly applied a presumption of undue influence. Vacated.
Court: DC Court of Appeals, Judge: Deahl, Filed On: December 28, 2023, Case #: 22-AA-169 , Categories: Securities, Wills / Probate
J. Grasz finds a lower court properly dismissed a native of Ghana's motion to remain in the U.S. The native of Ghana argued that he is entitled to relief based on his conditional permanent resident status. However, the government sufficiently showed in court that he failed to reside with his wife for the required three years to obtain citizenship. Affirmed.
Court: 8th Circuit, Judge: Grasz, Filed On: December 28, 2023, Case #: 22-2615, Categories: Immigration
J. Melnick finds the government breached a demolitions contract. The contractor says it was sometimes prevented from accessing the worksite to eliminate concrete weapons targets at the White Sands Missile Range, and was also blocked or evacuated due to missile testing without notification. The government did not disclose the information with its proposal or otherwise inform contractors prior to bidding, and its attempt to avoid liability due to its lack of a precise schedule is meritless.
Court: Armed Services Board Of Contract Appeals, Judge: Melnick , Filed On: December 28, 2023, Case #: 62628, Categories: Government, Military, Contract
Per curiam, the Ninth Circuit vacates its previous order as moot concerning President Biden’s Contractor Mandate and Executive Order 14042 which has since been rescinded. The matter is remanded to the lower court with instructions to vacate the portion of the orders on appeal addressing all claims based on the Contractor Mandate.
Court: 9th Circuit, Judge: Per curiam, Filed On: December 28, 2023, Case #: 22-15518, Categories: Administrative Law, Employment, Covid-19
J. Tufte finds that the district court properly denied an application for post-conviction relief after defendant was convicted by a jury of reckless endangerment, tampering with physical evidence, unlawful possession of a firearm, and terrorizing as a result of a shooting. Defendant argues that the lower court committed reversible error by considering evidence outside the record. The district court found that defendant failed to establish there was a reasonable probability that the result of trial would have been different. Affirmed.
Court: North Dakota Supreme Court, Judge: Tufte, Filed On: December 28, 2023, Case #: 2023ND247, Categories: Evidence, Firearms
Per curiam, the appellate division finds that the lower court improperly denied the manufacturer's motion to dismiss asbestos claims. There is no evidence that the fire doors that allegedly caused the decedent's injury by exposing him to asbestos were manufactured in New York. Reversed.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: December 28, 2023, Case #: 06826, Categories: Jurisdiction, Asbestos
J. Powers finds the Land Use Board of Appeals properly concluded that Lincoln County’s order establishing geographic subareas for short-term rental (STR) licenses and establishing limits on the number of STR licenses in each subarea was not a land use decision for purposes of LUBA jurisdiction. “Petitioners’ arguments…do not provide any reason to disturb LUBA’s decision.” Affirmed.
Court: Oregon Court of Appeals, Judge: Powers, Filed On: December 28, 2023, Case #: A182468, Categories: Government, Property