J. Waterman finds that defendant was properly convicted of possession of a firearm as a convicted felon because his muzzleloader replica of an antique firearm was a rifle and fell under the common meaning of the term firearm. Affirmed.
Court: Iowa Supreme Court, Judge: Waterman, Filed On: May 10, 2024, Case #: 23-0338, Categories: Firearms
J. Hunt, in this complex contract disagreement between the suing painting service franchisor and sued painting service franchisee, grants the franchisor’s motion for summary judgment on the franchisee’s false inducement counterclaims, and denies both parties’ cross-motions for summary judgment on the franchisor’s breach of contract and guaranty claims. The court finds the language of the franchise contract is too ambiguous to justify either a false inducement claim or a definitive summary judgment for either party on contract and guaranty breach claims.
Court: USDC Northern District of Illinois, Judge: Hunt, Filed On: May 10, 2024, Case #: 1:20cv4919, NOS: Franchise - Contract, Categories: Business Practices, Contract
Per curiam, the appeals court finds the trial court erred by summarily denying defendant's postconviction motion alleging ineffective assistance of counsel at his trial on second-degree murder and other charges, which resulted in him being sentenced to at least 30 years' imprisonment. There is enough evidence in the record such that three of defendant's four claims of ineffective assistance should not have been summarily denied, including those alleging his lawyer did not claim stand-your-ground immunity or conduct an independent investigation of the facts before trial. The matter is remanded so defendant can file an amended motion and the trial court can make a more complete record. Reversed in part.
Court: Florida Courts Of Appeal, Judge: Per curiam, Filed On: May 10, 2024, Case #: 23-1877, Categories: Ineffective Assistance, Murder
J. Grasz finds a lower court properly dismissed the parents of a disabled child's Individuals with Disabilities Education Act violations claims. The parents argued that the school district failed to properly develop an individualized education program on their high school aged child's behalf, who suffers from hyperactivity disorder, impaired vision, and various intellectual challenges. However, the district sufficiently showed in court that it complied with the IDEA process when it drafted a new customized IEP for the student, and that it was not obligated to include preferences of parents in establishing decisions of its formulation. Affirmed.
Court: 8th Circuit, Judge: Grasz, Filed On: May 10, 2024, Case #: 22-2506, Categories: Ada / Rehabilitation Act, Education
J. Doyle finds that the trial court properly denied defendant's amended motion to modify his 10-year sentence following his guilty plea to family violence battery, cruelty to children, aggravated stalking, terroristic threats and other offenses. Three years of defendant's sentence were to be served in prison and the remainder were to be served on probation. The trial court did not commit any error in canceling the hearing on defendant's motion since defendant's arguments were essentially the same as those presented during his plea and sentencing hearing. Affirmed.
Court: Georgia Court of Appeals, Judge: Doyle, Filed On: May 10, 2024, Case #: A24A0345, Categories: Sentencing, Battery
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J. Standridge finds a lower court improperly denied a defendant's motion to testify in a criminal trial on charges of felony stalking, violation of stalking orders, and criminal trespass. The state argued that it was entitled to strike the defendant's testimony before the jury, and then directed it to consider evidence, witness statements, and exhibits only. However, the defendant presented sufficient evidence in court that he is entitled to a new trial based on the court's denial to allow him to testify on his own behalf in the proceedings. Reversed.
Court: Kansas Supreme Court, Judge: Standridge, Filed On: May 10, 2024, Case #: 124303, Categories: Fair Trial, Trespass, Jury Instructions
Per curiam, the Texas Supreme Court grants a company's petition for mandamus relief in a premises liability case filed by a guest who was injured during her stay at a resort owned by the company. After failing to answer the guest's suit, the trial court signed a default judgment against the company. The judgment was drafted by the guest's counsel and contained language noting it as the "Final Default Judgment." Despite its language, the judgment is not final and the company should be allowed to challenge the default judgment.
Court: Texas Supreme Court, Judge: Per curiam, Filed On: May 10, 2024, Case #: 22-1100, Categories: Civil Procedure, Tort
J. Palafox finds a lower court erred in granting defendant’s motion to quash after he was charged with child sex offenses. Defendant argued that it violated his double jeopardy rights to be charged with both continuous sexual abuse of a child and lesser constituent offenses, but while this is true for sentencing, “no sentence has yet been imposed and no judgment has yet been entered,” and prosecutors can pursue both at trial. Reversed.
Court: Texas Courts of Appeals, Judge: Palafox, Filed On: May 10, 2024, Case #: 08-23-00335-CR, Categories: Sex Offender, Double Jeopardy, Child Victims
J. Garcia upholds Stephen Bannon's convictions for failing to respond to a congressional subpoena in connection with the January 6th attack on the capitol. His defense - that his counsel advised him to ignore the subpoena - does not shield him from the law. Affirmed.
Court: DC Circuit, Judge: Garcia, Filed On: May 10, 2024, Case #: 22-3086 , Categories: Contempt
J. Zayas finds the trial court properly joined both spine surgery patients into a single jury trial. Although the patients dealt with the same type of spine condition generally, each patient had its own expert testify about specific conditions that led each to seek treatment from the surgeon, which allowed the jury to separate and analyze the evidence. Meanwhile, the lack of evidence to support prejudgment interest on damages precluded the trial court from granting the patients' request; therefore, the interest award will be vacated. Affirmed in part.
Court: Ohio Court Of Appeals, Judge: Zayas, Filed On: May 10, 2024, Case #: 2024-Ohio-1776, Categories: Civil Procedure, Damages, Medical Malpractice
J. Heavican finds the district court properly denied defendant's motion for postconviction relief without an evidentiary hearing. Defendant was convicted by no-contest plea for several counts of attempted sexual assault. His motion, based upon an alleged discrepancy between the pronounced and written sentence, was untimely made. Equitable tolling does not apply to the one-year limitation of the cited statute. Affirmed.
Court: Nebraska Supreme Court, Judge: Heavican , Filed On: May 10, 2024, Case #: S-22-644, Categories: Sentencing, Sex Offender
J. May finds that defendant was improperly convicted of child molesting. The juvenile court lost jurisdiction over defendant and his criminal actions when he turned 21, and the criminal court lacked jurisdiction to try him for conduct that occurred when he was a minor. The gap in jurisdiction has been addressed in a new law, but fairness precludes retroactive application to defendant. Reversed.
Court: Indiana Court Of Appeals, Judge: May, Filed On: May 10, 2024, Case #: 23A-CR-330, Categories: Juvenile Law, Sex Offender, Jurisdiction
J. Reeves finds for school defendants in false imprisonment claims because evidence does not indicate a teacher forcibly restrained a student, and dismisses disability discrimination claims brought against school staff as redundant to discrimination claims brought against the school. Claims contending a student suffered emotional distress after hearing the teacher use the N-word should also be dismissed. While the teacher's use of "an insensitive and blatantly racist word" would be inappropriate even if used for educational purposes, as claimed by the teacher, "outrageous conduct requires conduct so extreme in degree as to be regarded as atrocious." Here, the teacher had asked if anyone in the class was African American, and the student declined to raise her hand for feeling "embarrassed" and "singled out," and he contends she contends the word had been used in an educational context.
Court: USDC Eastern District of Kentucky, Judge: Reeves, Filed On: May 10, 2024, Case #: 2:23cv151, NOS: Education - Civil Rights, Categories: Ada / Rehabilitation Act, Education, Emotional Distress
J. Rothstein remands the job applicant's class action alleging that the furniture company violated Washington law by not posting the wage scale or salary of its job opening. The job applicant does not plausibly allege a cause of action, because while a job posting that does not contain compensation information is a technical violation, it does not harm or create a material risk of harm. The applicant lacks Article III standing, so the court does not have subject matter jurisdiction.
Court: USDC Western District of Washington, Judge: Rothstein, Filed On: May 10, 2024, Case #: 2:23cv1742, NOS: Employment - Civil Rights, Categories: Employment, Jurisdiction, Class Action
J. Rothstein finds in favor of the construction company against the commercial dump truck driver's complaint that the construction company issued him workplace safety citations that were actually a pre-text to fire him for reporting discriminatory conduct. There is no evidence on record that the construction company's legitimate, non-discriminatory reasons to fire the dump truck driver were pre-textual, as he received multiple written warnings about his unsafe conduct.
Court: USDC Western District of Washington, Judge: Rothstein, Filed On: May 10, 2024, Case #: 2:23cv815, NOS: Employment - Civil Rights, Categories: Employment, Employment Discrimination
J. Rothstein remands the job applicant's complaint that the temp agency violated Washington law by not disclosing the wage scale or salary range of its job openings. The job applicant does not plausibly allege a cause of action, because while a job posting that does not contain compensation information is a technical violation, it does not harm or create a material risk of harm. Therefore, the applicant lacks Article III standing and the court does not have subject matter jurisdiction.
Court: USDC Western District of Washington, Judge: Rothstein, Filed On: May 10, 2024, Case #: 2:23cv1680, NOS: Employment - Civil Rights, Categories: Civil Rights, Employment, Jurisdiction
J. Rambin affirms a trial court’s summary judgment ruling against one of two female family members in a car collision action, finding the older female’s claim in the suit is time-barred. On appeal, however, the trial court’s ruling of summary judgment is reversed and remanded as improper as to the younger female because she was a 16-year-old minor at the time of the accident; the limitations were tolled until she reached 18. Reversed in part.
Court: Texas Courts of Appeals, Judge: Rambin, Filed On: May 10, 2024, Case #: 06-24-1, Categories: Civil Procedure, Tort, Vehicle
Per curiam, the Texas Supreme Court finds that the court of appeals improperly approved damages awarded to a woman who sued a truck driver and his employer after being injured in an accident. The truck driver moved for a mistrial after the woman's attorney said that the driver's suggestion of damages was lower because she was a woman and African-American, which the court denied. The accusation made by the woman's counsel created incurable harm to the jury, thus necessitating the case to be revisited. Reversed.
Court: Texas Supreme Court, Judge: Per curiam, Filed On: May 10, 2024, Case #: 22-0521, Categories: Jury, Vehicle
J. Pechman finds that a jury must determine whether the protesters' First Amendment rights were violated when they were arrested and booked in jail for writing political messages in sidewalk chalk and charcoal on the city's temporarily erected walls outside of the Seattle Police Department's East Precinct. "While this case does not implicate the city's ability to enforce its property destruction ordinance more generally, it touches on questions impacting the public civil discourse and free speech in Seattle."
Court: USDC Western District of Washington, Judge: Pechman, Filed On: May 10, 2024, Case #: 2:23cv17, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Municipal Law, First Amendment
J. Wozniak finds the trial court properly entered the final judgment for dissolution between a former husband and wife. The court dismissed this appeal for a lack of jurisdiction regarding the final order of relocation. Affirmed in part. Dismissed in part.
Court: Florida Courts Of Appeal, Judge: Wozniak, Filed On: May 10, 2024, Case #: 6D23-1663, Categories: Family Law, Jurisdiction
J. Rothstein remands the job applicant's complaint alleging that the equipment company did not include the wage scale, salary range or general description of benefits for its job openings in violation of Washington state law. A job posting that does not provide compensation information is a technical violation, which by itself does not create concrete injury. Because the applicant lacks Article III standing, the court lacks subject matter jurisdiction and the case must be remanded to superior court.
Court: USDC Western District of Washington, Judge: Rothstein, Filed On: May 10, 2024, Case #: 2:24cv175, NOS: Employment - Civil Rights, Categories: Civil Rights, Employment, Jurisdiction
J. McShane grants the customers' motion for class certification for their complaint alleging that the aerospace company scrapped its plan to sell E1000 planes in violation of customer reservation and deposit agreements. The customers meet the numerosity requirement for class certification because they are located in over 20 states and countries, with none living in Oregon, and the class action meets the superiority requirement because none of the customers filed a related or competing lawsuit.
Court: USDC Oregon, Judge: McShane, Filed On: May 10, 2024, Case #: 6:21cv1199, NOS: Other Contract - Contract, Categories: Class Action, Contract
J. McCallum finds that the court of appeal should not have granted the motion for judgment notwithstanding the verdict as to liability and damages in this three-car accident action. In this case, the court of appeal improperly reweighed the evidence and made credibility determinations as to the witness testimony. Based on the testimony, the jury could have reasonably determined that the middle driver impacted the first driver before being impacted from behind by the last driver, and that his negligence in colliding with the first driver created a hazard contributing to the last driver's inability to avoid the accident. Reversed.
Court: Louisiana Supreme Court, Judge: McCallum, Filed On: May 10, 2024, Case #: 2023-C-01107, Categories: Evidence, Jury
J. Cadish finds the district court properly dismissed the death row inmate's suit against the drug distributor that handles the drugs that will be used in his lethal injection. The inmate claims the distributor falsely represented it had legitimate medical rationales for purchasing the drugs. Though the inmate made a showing he was an incidental beneficiary, he did not adequately allege how he relied on the sale agreements. He also did not properly allege the distributor owed him a duty. Affirmed.
Court: Nevada Supreme Court, Judge: Cadish , Filed On: May 10, 2024, Case #: 85826, Categories: Health Care, Contract, Prisoners' Rights
Per curiam, the appellate division finds that the trial court improperly ruled in product liability and personal injury claims contending an airbag caused fatal injuries by deploying unexpectedly after the decedent's vehicle collided with a deer because evidence indicates the airbag deployed only after the decedent parked the vehicle following the collision and turned to check on the passengers, then the deer. Reversed.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: May 10, 2024, Case #: CA 22-01732 , Categories: Product Liability
[Consolidated.] J. Caldwell finds that the lower court improperly found for three police officers in whistleblower claims contending they suffered retaliation for reporting concerns about evidence theft because jury instructions failed to require a finding that the state police had subjected each officer to personnel actions or punishment. Reversed.
Court: Kentucky Court Of Appeals, Judge: Caldwell, Filed On: May 10, 2024, Case #: 2022-CA-1028-MR, Categories: Employment, Jury, Whistleblowers