129 results for 'filedAt:"2023-06-06"'.
[Amended.] J. Edwards remands a mine operator's case concerning its challenge to a citation order it received more than 10 years ago to the Federal Mine Safety and Health Review Commission for further review. The commission, which denied the operator's request as moot, failed to address the issue and consider the operator's motion on the merits.
Court: DC Circuit, Judge: Edwards, Filed On: June 6, 2023, Case #: 22-1088 , Categories: Administrative Law
J. Palafox finds a lower court ruled correctly in convicting defendant of sexual assault of a child. Defendant argued there was not adequate evidence to convict him due to a lack of physical evidence and because he argued prosecutors “investigate or clarify the timing of the alleged assaults,” but it is the responsibility of the jury to “reconcile conflicts, contradictions and inconsistencies in the evidence,” and the jury did not abuse its discretion in doing just that. Affirmed.
Court: Texas Courts of Appeals, Judge: Palafox, Filed On: June 6, 2023, Case #: 08-22-00119-CR, Categories: Evidence, Sex Offender, Child Victims
[Consolidated.] J. Pryor finds that the district court properly convicted defendant of being a felon in possession of a firearm and ammunition, possessing a firearm in furtherance of a drug trafficking offense and knowingly possessing cocaine or heroin with intent to distribute. Sufficient evidence was presented to support defendant's convictions. Defendant failed to show that the trial outcome would have been different if evidence from his phone had been disclosed. The district court correctly sentenced defendant to 25 years in prison under the Armed Career Criminal Act and did not commit any error in ruling that defendant's prior cocaine conviction qualified as a serious drug offense. Affirmed.
Court: 11th Circuit, Judge: Pryor, Filed On: June 6, 2023, Case #: 20-12907, Categories: Drug Offender, Firearms, Sentencing
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J. McFadden finds that the trial court improperly refused to find in favor of the restaurant on the customer's premises liability, nuisance and negligent training claims arising from chemical burn injuries he suffered when he submerged his hand in a pitcher of liquid nitrogen on a dare. A restaurant employee offered to pay the dinner bill if the customer kept his hand in the pitcher for three seconds. The employee was not acting within the scope of his employment when he dared the customer. The customer also failed to show that the restaurant knew the employee would engage in such conduct. However, the trial court correctly refused to find in favor of the restaurant on derivative claims for punitive damages and attorney fees because three negligence claims remain pending. Reversed in part.
Court: Georgia Court of Appeals, Judge: McFadden, Filed On: June 6, 2023, Case #: A23A0520, Categories: Negligence, Premises Liability
J. Dooley denies the employer's motion to dismiss putative class labor claims, ruling the 2015 rule added to the Fair Labor Standards Act to deny third-party employers certain exemptions for live-in health care workers is a reasonable interpretation of the Act. Prior to the rule, the legislation was completely silent on whether exemptions applied to third-party employers. Therefore, because the legislature followed proper procedure when it passed the rule, including a notice and comment period, it is a reasonable interpretation of the law and applies to the employer in this case.
Court: USDC Connecticut, Judge: Dooley, Filed On: June 6, 2023, Case #: 3:22cv612, NOS: Fair Labor Standards Act - Labor, Categories: Government, Class Action, Labor
J. Phipps finds that the trial court improperly granted the couple's motion for partial summary judgment in a trespass action arising from a property dispute with their neighbors. The perpetual exclusive easements do not strip the neighbors of their concurrent rights of use and possession of the easement areas. The neighbors have a concurrent right to use and possess the easement area as long as their use does not interfere with the couple's use. Reversed.
Court: Georgia Court of Appeals, Judge: Phipps, Filed On: June 6, 2023, Case #: A23A0292, Categories: Property
J. Gobeil finds that the trial court improperly denied the mayor's motion to dismiss an action brought by the newspaper seeking production of documents under the Open Records Act related to a Georgia Government Transparency and Campaign Finance Commission complaint. The commission alleged that the mayor improperly utilized campaign contributions. The trial court incorrectly entered a final judgment against the mayor before giving him a full and fair opportunity to respond. The mayor was not notified that the trial court intended to enter a final judgment against him on the merits at the hearing on the motion to dismiss. Reversed.
Court: Georgia Court of Appeals, Judge: Gobeil, Filed On: June 6, 2023, Case #: A23A0336, Categories: Civil Procedure, Public Record
J. Hall denies the officials' motions to dismiss a civil rights and malicious prosecution action brought by the pastor and three congregants. The action arose after police officers issued reckless conduct citations to the four for attending church services in violation of Covid-19 executive orders requiring Georgia residents to shelter in place in their homes in April 2020. The charges were later dismissed. The action is an impermissible shotgun pleading and the pastor and congregants are ordered to file a second amended complaint within 14 days from the date of the instant order.
Court: USDC Southern District of Georgia, Judge: Hall, Filed On: June 6, 2023, Case #: 6:22cv57, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Malicious Prosecution, Covid-19
J. Van Meerveld orders State Farm to produce contested documents for the court’s private review by June 9, 2023. The auto insurer must “clearly identify” redacted portions of documents it claims are attorney-privileged from the version inadvertently turned over to an insured client suing his carrier for bad faith. The litigant argues that all the documents designated as privileged by State Farm are not entitled to such protections and he refuses to destroy the materials as the insurer requested. Trial is set to begin on Aug. 21, 2023.
Court: USDC Eastern District of Louisiana , Judge: Van Meerveld, Filed On: June 6, 2023, Case #: 2:22cv4550, NOS: Motor Vehicle - Torts - Personal Injury, Categories: Insurance, Discovery, Attorney Fees
J. Lorello finds that the trial court properly dismissed defendant's post-conviction claim that trial counsel should have tried to suppress the heroin police found in her purse during a traffic stop. Defendant consented to a precautionary search of the purse for weapons before she could retrieve a cigarette lighter. Police were not required to articulate a suspicion that the purse contained a weapon and would not have searched it if she had waited until after the stop to smoke. Affirmed.
Court: Idaho Court Of Appeals, Judge: Lorello, Filed On: June 6, 2023, Case #: 49608, Categories: Drug Offender, Ineffective Assistance, Search
J. Moore finds the trial court properly awarded the marital home to the ex-wife in this marriage dissolution. Because the home was gifted to the wife by her mother, the husband never had a marital interest which needed to be extinguished. Also, the timing of the husband’s home improvement projects with market trends shows that the increase in the home’s value is attributable to passive appreciation and not to repairs done by the husband. Affirmed.
Court: Nebraska Court Of Appeals, Judge: Moore, Filed On: June 6, 2023, Case #: A-22-598, Categories: Family Law, Property
J. Taranto finds that the board of contract appeals improperly ruled for the construction company in a dispute over a contract to perform work in Yellowstone National Park because the board did not rely on facts in the record. Reversed.
Court: Federal Circuit, Judge: Taranto, Filed On: June 6, 2023, Case #: 2021-1837, Categories: Construction, Contract
J. Taranto finds that the patent trial and appeal board improperly ruled in a dispute over "vehicle floor trays" because plaintiff sufficiently pleaded obviousness. Reversed in part.
Court: Federal Circuit, Judge: Taranto, Filed On: June 6, 2023, Case #: 22-1373, Categories: Patent
J. Smith finds a lower court properly sentenced a former deputy sheriff to 300 months in prison after he was indicted on six counts of child pornography offenses. The former deputy sheriff argued that his sentence is unreasonable based on his age and health issues, and that he was remorseful for his actions, which included attempting to induce a minor to produce child pornography, enticement of a minor, and transferring obscenity to a person under 16. However, the government presented sufficient evidence in court that his actions were "among the most serious offenses" the court has seen, which does not entitle him to "getting a break." Affirmed.
Court: 8th Circuit, Judge: Smith, Filed On: June 6, 2023, Case #: 22-1514, Categories: Evidence, Child Victims, Child Pornography
J. Colloton finds a lower court properly convicted a defendant on three counts of aggravated sexual abuse of a minor in Native American country. The defendant argued that his 360 month prison sentence was unreasonable and that evidence presented in court misled the jury. However, a physician who examined the child presented sufficient evidence in court that she referred to her genitalia as her "middle" part, which she circled on a diagram, and then disclosed that the defendant touched her there with his hand and mouth. Affirmed.
Court: 8th Circuit, Judge: Colloton, Filed On: June 6, 2023, Case #: 22-1887, Categories: Evidence, Child Victims
J. Colloton finds a lower court partly erred in refusing to quash certain documents at the request of the North Dakota Legislative Assembly. The State argued that it was entitled to order the assembly to comply with a subpoena in a civil case against North Dakota, in order to gather evidence of alleged illicit motives by legislators who enacted a redistricting plan for State legislative districts. However, the assembly presented sufficient evidence in court that the lower court erred in refusing to quash documents, all but one, for legislative privilege.
Court: 8th Circuit, Judge: Colloton, Filed On: June 6, 2023, Case #: 23-1600, Categories: Evidence, Government