112 results for 'filedAt:"2023-12-29"'.
J. Huffman holds that the trial court should have suppressed evidence police obtained from defendant through a warrantless blood draw taken when he was unconscious at a hospital following a traffic collision. The exigent circumstance exception to the warrant requirement the U.S. Supreme Court laid out in Mitchell does not apply. Defendant was conscious during transport to the hospital, his condition was not dire and the arresting officer was not prevented from obtaining a warrant. Also, the good faith exception based on implied consent does not apply because the officer had not arrested him or made a decision to arrest him when his blood was drawn. Reversed.
Court: California Courts Of Appeal, Judge: Huffman, Filed On: December 29, 2023, Case #: D080585, Categories: Search, Dui, Plea
J. Vaden denies a paper supplier’s motion for judgment regarding the United States Department of Commerce’s (Commerce) assessment of antidumping duties. The supplier alleges Commerce improperly calculated the company’s antidumping margin on notebook paper from India when it included some products sold only in third countries. Commerce intentionally included specific products with particular characteristics in its calculations to determine surrogate costs, which is inline with established procedure. Sufficient evidence supports Commerce’s actions. Affirmed.
Court: Court of International Trade, Judge: Vaden, Filed On: December 29, 2023, Case #: 23-191, Categories: Commerce, Evidence
J. Hoffstadt finds that an administrative board properly denied inmate compensation to defendant after his murder conviction was overturned by the U.S. Ninth Circuit Court of Appeals. The grant of habeas relief did not automatically establish his factual innocence for the purpose of awarding him compensation for the time he spent in prison. Similarly, the Ninth Circuit's commentary on the evidence and its summary of the trial court record do not constitute binding factual findings in inmate compensation proceedings. Affirmed.
Court: California Courts Of Appeal, Judge: Hoffstadt, Filed On: December 29, 2023, Case #: B323360, Categories: Murder
J. Self grants the employer's motion to dismiss the employee's claims alleging race discrimination and retaliation under Title VII of the Civil Rights Act. The employee, a Black woman, alleged she did not receive a promotion despite taking on managerial duties and was tasked with cleaning toilets while white managers were not. The employee failed to exhaust her administrative remedies with the Equal Employment Opportunity Commission before filing her action. However, the employee sufficiently stated a separate claim for race discrimination so the employer's motion is denied in that respect. The employee's claim for retaliation under the Family and Medical Leave Act is dismissed but her FMLA interference claim may move forward.
Court: USDC Middle District of Georgia, Judge: Self, Filed On: December 29, 2023, Case #: 3:23cv83, NOS: Employment - Civil Rights, Categories: Employment Discrimination, Employment Retaliation
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Per curiam, the Texas Supreme Court finds the court of appeals improperly ruled against a mother who sought to appeal a lower court's ruling terminating her parental rights to her child. The mother's actions indicate that she attempted to fully exhaust her right to appeal the ruling. However, due to a recording error with the courts, the court of appeals deprived her of that right. Because the mother properly followed court procedures, she is entitled to have the merits of her appeal considered by the court of appeals. Reversed.
Court: Texas Supreme Court, Judge: Per curiam, Filed On: December 29, 2023, Case #: 23-0589, Categories: Civil Procedure, Family Law
J. Cadish finds the district court properly dismissed a petition for judicial review filed by a concealed carry permit applicant whose permit was revoked after a DUI conviction. The sheriff's application of the DUI statute preventing concealed carry certification for those convicted of DUI within the last five years shows no clear error, abuse of discretion or lack of evidence. Affirmed.
Court: Nevada Supreme Court, Judge: Cadish, Filed On: December 29, 2023, Case #: 85293, Categories: Weapons, Dui, Due Process
J. McClendon finds that the trial court properly dismissed the claims of an amusement park patron who allegedly sustained injuries while riding a roller coaster when the safety restraint hit her in the jaw and knocked her out. The patron failed to raise a genuine issue of material fact as to the cause-in-fact element of her negligence claim. Affirmed.
Court: Louisiana Court Of Appeal, Judge: McClendon, Filed On: December 29, 2023, Case #: 2023CA0675, Categories: Civil Procedure, Negligence
J. Christiansen Forster finds that the Labor Commission was within its discretion to reject the conclusions of the first medical panel that reviewed a worker's claims and appoint a second medical panel because of the first panel's qualifications and because it did not conduct a physical or virtual examination.
Court: Utah Court Of Appeals, Judge: Christiansen Forster, Filed On: December 29, 2023, Case #: 20220597-CA, Categories: Workers' Compensation
[Consolidated.] J. Cradle finds the trial court properly denied the car buyers' motion to enforce subpoenas on employees of the dealership. Under the Connecticut rules of practice, emails sent to the individuals were insufficient to effect service. Meanwhile, the buyers cannot challenge the admissibility of several Carfax reports because they never attempted to enter them into evidence at trial and, therefore, the court did not issue a ruling that could be contested on appeal. Affirmed.
Court: Connecticut Court Of Appeals, Judge: Cradle, Filed On: December 29, 2023, Case #: AC45491, Categories: Civil Procedure, Fraud, Consumer Law
J. Evanson denies the Bellevue hair transplantation clinic's motion dismiss the Seattle hair transplantation clinic's counterclaim, which opposes the lawsuit asserting that the Seattle clinic will not stop infringing on the Bellevue clinic's "advanced hair restoration" and "advanced hair" trademarks. The Seattle clinic argues that the Bellevue clinic's trademarks are invalid because they are confusingly similar to the former's trademarks, which is arguable because consumers could confuse the phrases “Advanced Hair," “Advanced Hair Restoration, “The Art and Science of Hair Restoration” and “The World's Most Experienced Hair Restoration" that both parties use for their trademarks.
Court: USDC Western District of Washington, Judge: Evanson, Filed On: December 29, 2023, Case #: 2:23cv1031, NOS: Trademark - Property Rights, Categories: Trademark
J. Wadsworth finds the lower courts properly determined that a contracting company’s bid for a Board of Water Supply project was “nonresponsive” and did not meet the board’s requirements. An administrative hearings officer did have jurisdiction over the issue and they correctly determined the contracting company failed to list an intended subcontractor in their bid. Affirmed.
Court: Hawai'i Court Of Appeals, Judge: Wadsworth, Filed On: December 29, 2023, Case #: CAAP-22-585, Categories: Construction, Jurisdiction
J. Flanagan partially denies an insurance company’s motion for summary judgment following allegations of breach of contract, bad faith and deceptive trade practices brought by an investment group that owns several medical office buildings damaged during Hurricane Florence. The group failed to show enough evidence for the bad faith and deceptive trade practices claims. The insurer argues that only 10-12% of the water damage was caused by wind as a policy in the contract will not cover water damage caused by other factors. However, its own expert reported that the wind opened a hole in the roof of one building, raising the question of whether wind damage contributed to further water damage. Therefore, the group’s contract claim will proceed.
Court: USDC Eastern District of North Carolina, Judge: Flanagan, Filed On: December 29, 2023, Case #: 4:21cv157, NOS: Insurance - Contract, Categories: Insurance, Trade, Contract
J. Kennedy finds Cuyahoga County Common Pleas Court Judge Daniel Gaul will be suspended from the practice of law and his judicial office, without pay, for one year for coercing plea deals out of several defendants, improperly questioning numerous defendants during their trials, and making demeaning comments to various defendants. Although Gaul did not engage in the misconduct to further his own interests, he repeatedly refused to admit the wrongful nature of his conduct and has a prior disciplinary record, which requires the court to impose a suspension that will not be stayed in any way.
Court: Ohio Supreme Court, Judge: Kennedy, Filed On: December 29, 2023, Case #: 2023-Ohio-4751, Categories: Judiciary, Sanctions, Attorney Discipline
[Consolidated.] J. Recktenwald finds the circuit court improperly granted summary judgment in several easement cases between Hawaii’s mass transit rail authority and the landowner of property taken for the proposed rail system and station. The landowner is not precluded from seeking severance damages in several cases, which should be determined via jury as there is still genuine issue of material fact as to the master plan for rail construction. Vacated in part.
Court: Hawai'i Supreme Court, Judge: Recktenwald, Filed On: December 29, 2023, Case #: SCAP-22-335, Categories: Property, Real Estate, Damages
J. Zilly partially denies the cruise line's motion to dismiss the unlawful imprisonment and conversion/theft claims of the passenger's second amended complaint asserting that the cruise line unlawfully detained her on its cruise from Hawaii to Tahiti, and then charged her for a hospital stay when she refused to sign a document. The cruise line moves again to dismiss these claims despite a prior court ruling declaring that these claims will remain in the case, and it does not show that the passenger changed the claims so much in this amended complaint that prior analysis no longer applies.
Court: USDC Western District of Washington, Judge: Zilly, Filed On: December 29, 2023, Case #: 2:23cv93, NOS: Marine - Torts - Personal Injury, Categories: Admiralty, Maritime
J. Ludwig finds in favor of the bank in its dispute with a towing company over the repossession of two of the company's trucks after it defaulted on its loan payments. In part because the facts are undisputed that the company breached its contracts with the bank and the company has failed to show the bank failed to mitigate damages by offering the company a third chance to modify its loans, the bank's motion for summary judgment is granted.
Court: USDC Eastern District of Wisconsin, Judge: Ludwig, Filed On: December 29, 2023, Case #: 2:21cv1163, NOS: Other Contract - Contract, Categories: Damages, Contract
J. Whitehead grants the alcohol beverage company's motion for expedited discovery from third parties to discovery the identity of the unknown actor who allegedly used the intermediary to register "thorntailhardavage.com" and other mirror websites that defame the alcohol beverage company, which also infringe on the latter's “Thorntail Hard Agave” trademark. The alcohol beverage company and its owner show good cause to conduct limited early discovery to identify the unknown actor because courts routinely conduct this type of discovery and the request targets information only about the domain registrars, website hosts and back-end service providers associated with the intermediary.
Court: USDC Western District of Washington, Judge: Whitehead, Filed On: December 29, 2023, Case #: 2:23cv1984, NOS: Trademark - Property Rights, Categories: Trademark, Discovery
J. Conley finds for the federal government in a lawsuit from property owners claiming that trees on their property have been damaged by road salt running off from a neighboring VA medical center. The property owners have failed to bring sufficient evidence to support their takings and private nuisance claims such that a reasonable jury could determine the VA center's salt storage is responsible for the damage to their trees, so the government's motion for summary judgment is granted.
Court: USDC Western District of Wisconsin, Judge: Conley, Filed On: December 29, 2023, Case #: 3:22cv395, NOS: Torts to Land - Real Property, Categories: Constitution, Property, Tort
J. Irion holds that the trial court improperly awarded $582,000 in attorney fees to charter school corporations for defending against postjudgment motions after they prevailed in challenging the geographic restrictions of the Charter Schools Act. The trial court must evaluate whether the necessity and financial burden of private enforcement of the Act that the corporations assumed supports a fee award. Reversed.
Court: California Courts Of Appeal, Judge: Irion, Filed On: December 29, 2023, Case #: D080295, Categories: Education, Attorney Fees
J. Maraman finds the trial court properly granted defendant’s motion to suppress evidence in a traffic stop that resulted in his arrest for possession. The officers did not present consistent testimony about the traffic stop and search of defendant’s vehicle, and the court could not find that the officer’s obtained defendant’s consent at any point. The search was therefore unwarranted and unreasonable and subject to dismissal. Affirmed.
Court: Guam Supreme Court, Judge: Maraman, Filed On: December 29, 2023, Case #: CRA22-13, Categories: Drug Offender, Evidence, Search
J. Huffman finds the trial court properly admitted all of the state's autopsy photos into evidence during defendant's trial on murder and firearms offenses. Although some included graphic images of the victim's gunshot wounds, each was used to explain the circumstances of the victim's death and the angle at which the bullet entered his head in support of the prosecution's theory of the case. Meanwhile, the prosecutor's isolated statement during closing arguments that defendant was the only individual charged despite video evidence of multiple shooters was not prosecutorial misconduct that implied his guilt. It was designed only to remind the jury to focus on the specific evidence against defendant and supported the state's complicity theory. Affirmed in part.
Court: Ohio Court Of Appeals, Judge: Huffman, Filed On: December 29, 2023, Case #: 2023-Ohio-4834, Categories: Firearms, Murder, Prosecutorial Misconduct