129 results for 'filedAt:"2023-06-02"'.
J. Pryor finds that the district court properly denied defendant's petition for habeas relief from his death sentence for murder, armed robbery, burglary and other offenses. Defendant failed to show that the circumstances surrounding his challenges to allegedly racially-motivated jury strikes were not properly considered or adjudicated by the Georgia Supreme Court. Although inappropriate, the prosecutor's rants are not decisive evidence that he would discriminate against Black jurors if the U.S. Supreme Court's ruling in Batson v. Kentucky did not stop him. Correct standards were applied in finding that defendant's counsel adequately presented evidence at trial and sentencing of defendant's intellectual disability, mental illness and mitigating circumstances. The district court correctly found that defendant forfeited any direct challenge to his conviction based on his intellectual disability. Affirmed.
Court: 11th Circuit, Judge: Pryor, Filed On: June 2, 2023, Case #: 20-12804, Categories: Death Penalty, Habeas, Murder
J. Drain denies an ear, nose, and throat center summary judgment after a surgeon claimed she was paid less than white, male physicians on grounds that she is a Black female because the surgeon, who worked solely for the medical provider for more than 20 years, was an employee of the center.
Court: USDC Eastern District of Michigan, Judge: Drain, Filed On: June 2, 2023, Case #: 2:21cv11850, NOS: Employment - Civil Rights, Categories: Employment Discrimination
J. Yegan rejects defendant's claim that he is entitled to the postconviction relief of having his 230-year sentence vacated due to alleged errors in the application of the "Three Strikes" law. His disagreement with counsel does not support an ineffective assistance claim, and his motion is actually an untimely habeas petition filed more than 20 years after the entry of judgment.
Court: California Courts Of Appeal, Judge: Yegan, Filed On: June 2, 2023, Case #: B323199, Categories: Sentencing, Sex Offender, Kidnapping
[Consolidated.][Modified.] J. Bendix modifies a previously published opinion to clarify the extent of a regional water quality board's authority to regulate the unreasonable use of water. The trial court properly held that a regional water quality board lacked the authority to compel publicly-owned treatment facilities to recycle more of the wastewater they discharge into the Los Angeles River. The regional board is tasked with ensuring water quality, not reasonable use. But the trial court erred in directing the state water quality board to evaluate whether the discharges were reasonable and to provide the trial court with facts it could review. The state board has wide discretion over how it evaluates whether water use is reasonable, and the trial court erred in denying its demurrer. Reversed in part.
Court: California Courts Of Appeal, Judge: Bendix, Filed On: June 2, 2023, Case #: B309151, Categories: Environment, Water
J. Papik finds the trial court properly convicted defendant for murder and use of a deadly weapon to commit a felony. The victim, a real estate agent, had shown a house to defendant the day before his body was found at that same house. Defendant had credit issues and was also being threatened with eviction. Witnesses testified to encountering a man fitting defendant’s description at the house the day before the body was discovered. Split-screen surveillance video of the area, showing slowed footage of an individual walking alongside slowed footage of defendant walking was properly admitted. All evidence supports conviction. Affirmed.
Court: Nebraska Supreme Court, Judge: Papik, Filed On: June 2, 2023, Case #: S-22-412, Categories: Evidence, Murder
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. Smith finds the trial court properly ruled in favor of an insurance company, granting its motion for no-evidence summary judgment in a workplace injury suit brought by a worker. Because the worker fails to raise a fact issue concerning the trial court’s ruling, it can be concluded that the court did not err. Affirmed.
Court: Texas Courts of Appeals, Judge: Smith, Filed On: June 2, 2023, Case #: 03-21-00418-CV, Categories: Civil Procedure, Evidence, Insurance
J. Funke finds the trial court properly convicted defendant for DUI causing serious bodily injury after he failed to stop at a stop sign and collided with another vehicle. He was sentenced to a term of imprisonment, post-release supervision, and had his driver’s license revoked. Though defendant says the court focused solely on the crime while ignoring mitigating factors such as his nonviolent nature and lack of criminal history, the court specified that it had considered and applied all the relevant statutory factors, including defendant’s background and criminal history and the amount of violence involved in the commission of the crime. Affirmed.
Court: Nebraska Supreme Court, Judge: Funke, Filed On: June 2, 2023, Case #: S-22-480, Categories: Vehicle, Criminal Negligence
[Consolidated.] Per curiam, the court of civil appeals finds on application for rehearing that the lower court improperly terminated the mother's parental rights to her two children. The court substitutes the current opinion, holding that "maintenance of the status quo is a viable alternative to termination." Reversed.
Court: Alabama Court of Civil Appeals, Judge: Per curiam, Filed On: June 2, 2023, Case #: CL-2022-0694, Categories: Civil Procedure, Family Law
J. Buchanan finds that the trial court should have granted a domestic violence restraining order to a mother. A showing of recent abuse was not required for her to demonstrate a reasonable fear of future abuse. Abuse that led to a previous restraining order against the father of her children and a subsequent instance of domestic violence were enough to merit renewal. Reversed.
Court: California Courts Of Appeal, Judge: J. Buchanan, Filed On: June 2, 2023, Case #: D080707, Categories: Domestic Violence
J. Koeltl denies the nonparty individual's motion to intervene to assert counterclaims for breach of fiduciary duty in a trademark infringement action derivatively on behalf of a company in which he holds a 50% interest. The action arises out of a dispute over a trademark used by three New York City Greek restaurants. The individual failed to show diligence since he had information supporting the proposed amendment for more than two months before filing the motion. The proposed amendment would substantially prejudice the other company.
Court: USDC Southern District of New York, Judge: Koeltl, Filed On: June 2, 2023, Case #: 1:21cv5022, NOS: Trademark - Property Rights, Categories: Civil Procedure, Trademark
J. Scudder affirms a district court ruling denying a Wisconsin-based healthcare system’s request for reimbursement by its insurer of $85 million in costs arising from the Covid-19 pandemic. The insurance policy is complex and contains language in one place broadly excluding Covid-related losses while, in another place, supplying limited coverage for portions of those same losses. In the end, the hospital system fails to make a case for coverage beyond the $1 million it received under a limited coverage provision for communicable diseases. Affirmed.
Court: 7th Circuit, Judge: Scudder, Filed On: June 2, 2023, Case #: 22-2577, Categories: Health Care, Insurance, Covid-19
J. Liman finds in favor of the FAA in an action brought by the air traffic controller arising after the FAA withheld records under FOIA exemptions. The records were related to the FAA's decision to realign responsibility for the Newark sector airspace from the New York Terminal Radar Approach Control Facility to the Philadelphia Air Traffic Control Tower due to staffing shortfalls. The air traffic controller also requested records related to communications between the FAA and the NATCA labor union. The FAA established that the information which was withheld is commercial or financial in nature and that disclosure of the NATCA's proposals and negotiating positions would cause foreseeable commercial harm and undermine the union's future collective bargaining efforts. The air traffic controller failed to exhaust his administrative remedies in challenging the withholdings and therefore cannot claim that the FAA's search was inadequate. Evidence shows that the search was adequate.
Court: USDC Southern District of New York, Judge: Liman, Filed On: June 2, 2023, Case #: 1:22cv44, NOS: Freedom of Information Act (FOIA) - Other Suits, Categories: Aviation
J. Southwick affirms the Board of Immigration Appeals’ denial of the Ecuadoran native’s motion to reopen removal proceedings and rescind his in-absentia removal order. After entering the country without inspection, petitioner was detained, signing a form giving the address at which future notices could be sent upon his release. The address had one incorrect letter in the city, otherwise being correct. The eventual notice of hearing was returned: “ATTEMPTED, NOT KNOWN.” Not attending the hearing because of this, petitioner was ordered removed in-absentia. The board had jurisdiction to enter the order and petitioner forfeited his right to notice by failing to keep the immigration court apprised of his correct mailing address or to correct an erroneous address. Petition for review is denied.
Court: 5th Circuit, Judge: Southwick, Filed On: June 2, 2023, Case #: 20-60778, Categories: Immigration, Due Process
J. Harris finds that the trial court did not make adequate findings of substantial and material change to support its modification of a child custody arrangement that would change the primary physical custody of two children from their mother to their father. Vacated.
Court: Utah Court Of Appeals, Judge: Harris, Filed On: June 2, 2023, Case #: 20210829-CA, Categories: Family Law
[Consolidated.] J. Meyers finds in favor of the bidding companies in part in this post-award bid protest for contracts to provide IT support services. There is sufficient evidence the evaluation process was capricious and arbitrary against four of the bidding companies. The motion for injunctive relief is granted to allow the agency to re-evaluate the proposals.
Court: Court of Federal Claims, Judge: Meyers, Filed On: June 2, 2023, Case #: 22-1380C, Categories: Government, Contract
J. Stegall finds a lower court improperly ruled in favor of an environmental group concerning the expansion of a swine facility. The environmental group argued that the State's department of health and environment wrongfully granted the swine farm's application for permits to expand the facility, even though the two facilities were not legally "separate facilities." However, the environmental department's claims are rendered moot after the swine facility removed a shared property line and obtained new permits to run both facilities. Reversed.
Court: Kansas Supreme Court, Judge: Stegall, Filed On: June 2, 2023, Case #: 123,023, Categories: Agriculture, Environment, Property
J. Winmill grants in part a company's motion for attorney fees and entry of amended judgment in a contract dispute. The company's "limited success does bear on the reasonableness of its fee request." After reducing the attorney's billed hours in half and deducting travel time, the company is awarded attorney fees and costs of $151,000.
Court: USDC Idaho, Judge: Winmill, Filed On: June 2, 2023, Case #: 1:18cv294, NOS: Other Contract - Contract, Categories: Attorney Fees, Contract
J. Stevens finds that the trial court properly entered a final decree granting the wife's petition for divorce based on the husband's "adultery and insupportability." The evidence of the wife's insufficient income supports the award of spousal maintenance, and there was no abuse of discretion in the order that each party indemnify the other from any tax liability. Affirmed.
Court: Texas Courts of Appeals, Judge: Stevens, Filed On: June 2, 2023, Case #: 06-22-00093-CV, Categories: Civil Procedure, Family Law, Tax
J. Kendall partially dismisses a fraud class action against GM. The class representative’s vehicle broke down after he filled the tank with 85% ethanol fuel, and he claims the manufacturer never warned him that this could happen as a result of using that kind of gas. The court dismisses the class’s unfair conduct claim, but allows its fraud and deceptive omission claims to proceed.
Court: USDC Northern District of Illinois, Judge: Kendall, Filed On: June 2, 2023, Case #: 1:22cv3862, NOS: Other Contract - Contract, Categories: Fraud, Business Practices, Class Action
J. Wright partially grants the employer's and CEO's motion to compel discovery in the employee's sex-discrimination case alleging that the CEO sexually harassed her. The employee must supplement her discovery responses in relation to her claimed damages and to state the total amount of attorney fees incurred to date, since those are not work product and are relevant to her claimed damages. The employer's request for personnel records from a previous employer is partially granted, but denied insofar as it seeks information about an allegation that the employer has failed to confirm her employment to prospective new employers. Its motion is also granted as to the employee's medical records and personal correspondence regarding mental health, within a limited scope.
Court: USDC Minnesota, Judge: Wright, Filed On: June 2, 2023, Case #: 0:22cv1623, NOS: Employment - Civil Rights, Categories: Employment, Discovery, Employment Discrimination
J. Sentelle reverses defendant's 42 convictions for prescribing drugs without a legitimate medical purpose and two counts of money laundering. The government committed a Brady violation when it suppressed reports that were material and favorable to defendant, and could have raised a reasonable doubt in the minds of the jurors. Reversed.
Court: DC Circuit, Judge: Sentelle, Filed On: June 2, 2023, Case #: 21-3039 , Categories: Criminal Procedure, Drug Offender, Evidence
J. Benton finds a lower court properly granted summary judgment to a medical device manufacturer on an inventor's contract claims, in which he alleges it breached the parties' agreement by failing to develop and bring his medical invention to market. However, the manufacturer presented sufficient evidence the device was the cause of the death of a clinical trial patient based on defective design. Affirmed.
Court: 8th Circuit, Judge: Benton, Filed On: June 2, 2023, Case #: 22-2125, Categories: Contract
J. Erickson finds the lower court properly found for Home Depot on a consumer's negligence claims, in which he says he suffered injuries when the store's automatic exit doors closed on him. Home Depot presents sufficient evidence the consumer failed to show the sliding doors were a dangerous condition.
Court: 8th Circuit, Judge: Erickson, Filed On: June 2, 2023, Case #: 22-2374, Categories: Evidence, Negligence
J. Gruender finds the lower court properly sentenced defendant for his firearm conviction. Defendant was not entitled to an acceptance-of-responsibility reduction due, in part, to his sexually assault of corrections officers while detained in jail. Affirmed.
Court: 8th Circuit, Judge: Gruender, Filed On: June 2, 2023, Case #: 22-2503, Categories: Firearms, Sentencing
J. Weissmann finds that the trial court properly held that defendant violated probation based on evidence indicating defendant failed to meet with the probation department once released from custody. Affirmed.
Court: Indiana Court Of Appeals, Judge: Weissmann, Filed On: June 2, 2023, Case #: 22A-CR-2667, Categories: Probation