114 results for 'filedAt:"2023-06-05"'.
Per curiam, the circuit finds that the district court properly declared a mistrial and denied defendant's claim that retrial for armed bank robbery would constitute double jeopardy. The FBI's failure to turn over certain evidence was negligent but had not been intended to provoke mistrial to avoid acquittal. Affirmed.
Court: 2nd Circuit, Judge: Per curiam, Filed On: June 5, 2023, Case #: 23-6019-cr, Categories: Prosecutorial Misconduct, Double Jeopardy
J. Boardman grants a construction worker his claim that his employer violated the FLSA when it did not pay him for overtime. The worker’s claims are true, so the firm and its owner owe him over $8,000 in unpaid wages. However, the owner’s wife does not own any part of the firm and so cannot be sued.
Court: USDC Maryland, Judge: Boardman, Filed On: June 5, 2023, Case #: 1:19cv2317, NOS: Fair Labor Standards Act - Labor, Categories: Employment, Damages, Business Practices
J. Hood finds that defendant was not entitled to provide the jury trying his attempted extreme indifference murder case with a definition of universal malice. "Universal malice" is not a technical term, as a reasonable person of common intelligence would know that, as it applies to a homicide, it means "a willingness to take life indiscriminately." Affirmed.
Court: Colorado Supreme Court, Judge: Hood, Filed On: June 5, 2023, Case #: 21SC564, Categories: Murder, Jury Instructions
J. Wilkinson finds the lower court properly denied the truck driver's argument that the company's negligence led to the accident that injured him. The truck driver acted negligently when he opened the manway covered on the tanker without relieving all of the tank's pressure leading to an explosion that left him paraplegic. Affirmed.
Court: 4th Circuit, Judge: Wilkinson, Filed On: June 5, 2023, Case #: 21-2368, Categories: Negligence, Workers' Compensation
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J. Russell grants the Baltimore Department of Transportation its motion to dismiss allegations of race, disability and gender discrimination brought by a former engineer who is a queer Black man. Before his probationary period ended, the department fired the engineer after a series of interactions with coworkers and supervisors that were unprofessional on both sides, but he presents no compelling evidence to state a claim.
Court: USDC Maryland, Judge: Russell, Filed On: June 5, 2023, Case #: 1:22cv1882, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Lgbtq, Employment Discrimination
Per curiam, the circuit finds that the board of immigration appeals improperly denied plaintiff deferral of deportation based on claims that he faced likely torture in his home country of Jamaica. Plaintiff credibly testified that gang members in Jamaica would come after him for providing assistance to U.S. police, and he did not have to name a specific government official who would be complicit in his torture.
Court: 2nd Circuit, Judge: Per curiam, Filed On: June 5, 2023, Case #: 22-6338, Categories: Immigration
J. Foster partially grants the parties' joint motions regarding continued sealing in their trade-secrets dispute. A memorandum in support of the plaintiff's motion to compel is to be unsealed, but an unredacted memorandum in opposition to the same motion may remain under seal provided that the movant provides a new, redacted memorandum. An exhibit including a list of clients may remain sealed, as are a number of other exhibits related to contracts with sales representatives.
Court: USDC Minnesota, Judge: Foster, Filed On: June 5, 2023, Case #: 0:21cv2613, NOS: Other Personal Property Damage - Torts - Personal Property, Categories: Trade Secrets, Contract
J. Kennelly denies a health care access website’s motion to modify a ~$35,000 award an arbitrator granted its former employees in an underlying labor case, but also remands the case to the arbitrator to clarify the material terms of the award of equity options.
Court: USDC Northern District of Illinois, Judge: Kennelly, Filed On: June 5, 2023, Case #: 1:15cv6238, NOS: Fair Labor Standards Act - Labor, Categories: Arbitration, Employment, Labor
J. Aspen partially grants a music college’s motion for summary judgment on a former student’s Title IX claims against it, likewise partially grants the student’s motion to exclude the college’s expert testimony, and fully denies the college’s motion to bar the former student’s own expert witness. The former student claims the college’s staff was intentionally indifferent to several incidents of sexual assault and harassment she reported, and in fact retaliated against her for raising the issue. The court allows her deliberate indifference claims to proceed but finds she has not sufficiently alleged her retaliation claim. The former student’s expert witness may also offer testimony in full, while a portion of the college’s own expert report cannot be broached at trial.
Court: USDC Northern District of Illinois, Judge: Aspen, Filed On: June 5, 2023, Case #: 1:19cv5683, NOS: Education - Civil Rights, Categories: Education, Emotional Distress, Experts
J. Cypher upholds the lower court's denial of defendant's motion to suppress evidence discovered in his vehicle during his trial for the lethal shooting and stabbing of a man who had an affair with defendant's wife. The vehicle, which was parked in defendant's driveway, was not within the curtilage of the home. Affirmed.
Court: Massachusetts Supreme Court, Judge: Cypher, Filed On: June 5, 2023, Case #: SJC-13239, Categories: Murder, Search
J. Usman finds the lower court properly granted a tenant’s motion to compel in this landlord/tenant matter. A lawsuit was filed against a tenant of a property that was damaged when a cat caused a ribbon to come into contact with a lit candle. The fiery ribbon set a craft basket containing aerosol cans aflame and the resulting explosion set the home afire. The tenant motioned to compel and found the lawsuit was a subrogation action brought by the landlord’s insurance company in their name. The lower court properly found in favor of the tenant because the lease does not specify which party must obtain fire insurance on the property, and it does not prohibit the tenant from being considered a co-insured party under the landlord’s insurance; as a co-insured party, the insurance company cannot bring a subrogation action against the tenant. Affirmed.
Court: Tennessee Court of Appeals, Judge: Usman, Filed On: June 5, 2023, Case #: M2022-00708-COA-R3-CV, Categories: Insurance, Landlord Tenant
J. Bashant grants a former employee's motion for temporary restraining order concerning a former employer's refusal to release her from employment restrictions. It is likely that California law applies to the restrictive covenant agreements, and "the non-compete, non-solicitation, non-recruitment, non-hire, and confidentiality restrictions are likely void under California law."
Court: USDC Southern District of California, Judge: Bashant, Filed On: June 5, 2023, Case #: 3:23cv943, NOS: Other Contract - Contract, Categories: Employment, Choice Of Law, Contract
[Consolidated]. J. Loken finds a lower court properly denied a citizen of Mexico's motion for relief under the Convention Against Torture. The citizen of Mexico argued that he would be tortured upon return to his native land based on his status as a married gay man. However, he failed to submit an application to remain in the U.S. within one year after arrival in 1996. Affirmed.
Court: 8th Circuit, Judge: Loken, Filed On: June 5, 2023, Case #: 21-3779, Categories: Immigration
J. Gee finds in favor of the jewelry company for its claim alleging that it loaned the businessman $1 million to buy a large quality of "Air Queen" face masks from Sysco, and he did not repay it within 48 hours. The businessman asserts that the owner of the jewelry company must comply with oral promises to "get the masks sold" under their original settlement agreement, but their amended agreement precludes any oral promises, so the businessman cannot assert that the owner fraudulently induced him to sign the amended agreement.
Court: USDC Central District of California, Judge: Gee, Filed On: June 5, 2023, Case #: 2:22cv4494, NOS: Other Contract - Contract, Categories: Fraud, Settlements, Contract
J. Pantano finds that the appellate division properly denied a transport company judgment in claims contending a mechanic was crushed while moving industrial equipment. The record was mixed as to whether the mechanic had been a borrowed employee working for the shipping company, and both sides agreed they did not want a new jury trial. Affirmed.
Court: New Jersey Supreme Court, Judge: Sabatino , Filed On: June 5, 2023, Case #: A-19-22, Categories: Employment, Negligence
J. Bastian grants a motion for an injunction against the ranch co-owner for defrauding Tyson Fresh Meats of $233 million in fabricated invoices for reimbursement for cattle and feed. The ranch co-owner is permanently restrained, enjoined and prohibited from trading on or being subject to the rules of any registered entity, entering transactions involving "commodity interests" and other restrictions.
Court: USDC Eastern District of Washington, Judge: Bastian, Filed On: June 5, 2023, Case #: 4:21cv5050, NOS: Securities/Commodities/Exchange - Other Suits, Categories: Fraud, Securities, Injunction
J. Land enters an injunction finding that the corporations created and maintained a nuisance at the Lumpkin Solar Facility that caused sedimentation to pollute the farm's wetlands, streams and lake for approximately two years. The corporations are ordered to eliminate the transport of sediment to the farm, prepare and complete erosion and pollution control plans, complete a hydrology study, prepare a stormwater management report and abide by other requirements.
Court: USDC Middle District of Georgia, Judge: Land, Filed On: June 5, 2023, Case #: 4:21cv134, NOS: Torts to Land - Real Property, Categories: Environment, Restraining Order
J. Wiley finds that defendant's conviction for being a felon in possession of a firearm did not violate the Second Amendment, which is a constitutional right limited by Supreme Court decisions. Any error by the state's characterization of the provocation needed to support a voluntary manslaughter instruction was harmless, defendant was not due a self-defense instruction because no evidence showed he thought he was in danger, and involuntary manslaughter was off the table because he deliberately loaded a gun and moved to confront the victim at close quarters. The trial court must correct its sentencing order so that the 16-month sentence for the firearm conviction runs concurrently with his murder sentence. Reversed in part.
Court: California Courts Of Appeal, Judge: Wiley, Filed On: June 5, 2023, Case #: B319448, Categories: Firearms, Murder, Sentencing
J. Berkenkotter finds that the trial court properly required a hospital to release defendant's medical records narrowly related to her alleged intoxication after she invoked the involuntary intoxication defense to a DUI charge. A DUI defendant waives the physician-patient privilege to medical records by endorsing the affirmative defense of involuntary intoxication.
Court: Colorado Supreme Court, Judge: Berkenkotter, Filed On: June 5, 2023, Case #: 22SA874, Categories: Evidence, Search, Dui
J. Baggett finds that the trial court properly convicted defendant of trafficking persons for sexual servitude, criminal attempt to commit child molestation and a firearm offense. The trial court correctly denied defendant's motion for a new trial and found that defendant's trial counsel was not deficient for failing to file a motion to suppress evidence obtained as a result of a traffic stop. Officers had reasonable suspicion that defendant's vehicle was being driven by the person who had exchanged text messages with an undercover officer to pay for sex with an underage girl. Defendant failed to show that the trial court's jury instructions on the sex trafficking or child molestation offenses affected the trial outcome or confused the jury. Affirmed.
Court: Georgia Court of Appeals, Judge: Dillard, Filed On: June 5, 2023, Case #: A23A0263, Categories: Ineffective Assistance, Sex Offender, Jury Instructions
J. Molberg finds that the lower court improperly compelled arbitration of the appellant's claims in this wrongful death and survival action. The appellees failed to establish "the existence of a valid, enforceable arbitration agreement," as they only attached an unauthenticated agreement to support their motion. Reversed.
Court: Texas Courts of Appeals, Judge: Molberg, Filed On: June 5, 2023, Case #: 05-21-00904-CV, Categories: Arbitration, Wrongful Death, Contract