124 results for 'filedAt:"2023-06-26"'.
J. Scudder finds that the lower court properly dismissed this breach of contract suit against a California-based telecommunications company. The parties' only connection to Illinois was a 2006 contract signed with the plaintiff's former Chicago-based firm. The contract alone is insufficient to establish personal jurisdiction over the California-based company. Affirmed.
Court: 7th Circuit, Judge: Scudder, Filed On: June 26, 2023, Case #: 17-2620, Categories: Jurisdiction, Contract
J. Baldwin finds that the lower court properly applied the doctrine of res judicata when it denied defendant's motion for postconviction relief from his murder convictions. He provided no evidence to support his claim of jury bias as a result of excessive publicity and made only conclusory statements to support his arguments. Affirmed.
Court: Ohio Court Of Appeals, Judge: Baldwin, Filed On: June 26, 2023, Case #: 2023-Ohio-2103, Categories: Criminal Procedure, Jury, Murder
J. Scudder finds that the SSA properly denied the applicant's application for disability benefits. The applicant forfeited his claim that the administrative judge should have done more to ensure the soundness of the vocational expert's methodology, which found that the applicant could perform a wide variety of jobs despite his depression and personality disorder, by failing to object at the hearing. Affirmed.
Court: 7th Circuit, Judge: Scudder, Filed On: June 26, 2023, Case #: 22-1970, Categories: Social Security
J. District allows a single civil rights claim for ratification to continue against the City of San Jose from a man who says a police dog clamped down on his neck during an arrest without good cause. The city’s acting chief of police at the time deemed the officers’ actions “objectively reasonable” and “within policy.” Because the individual has plausibly alleged that the acting police chief had been delegated the relevant final policymaking authority, he has sufficiently alleged ratification by a final policymaker.
Court: USDC Northern District of California, Judge: Freeman , Filed On: June 26, 2023, Case #: 5:22cv758, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Police Misconduct
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J. Doyle finds that the trial court properly convicted defendant of child molestation. Defendant's trial counsel was not deficient for failing to object to evidence that defendant, a former middle school paraprofessional, was previously accused of hitting students in the genitals. Defendant's counsel was also not ineffective for failing to object to evidence of future dangerousness. The decisions not to object were strategic and reasonable. Defendant was not prejudiced by the admission of hearsay evidence from a sergeant who testified that defendant had access to the school video surveillance system. Affirmed.
Court: Georgia Court of Appeals, Judge: Doyle, Filed On: June 26, 2023, Case #: A23A0523, Categories: Sex Offender, Child Victims
J. Suttell affirms the trial court’s denial of a restaurateur’s request for a new trial after a jury convicted him of sexual assault with a knife against a waitress employed at his restaurant. The defendant argued that the trial justice committed an error of law when he permitted state prosecutors to introduce evidence that the waitress was molested as a child to explain the woman’s delay in reporting her boss’s attacks to the police. The defendant’s contention that her testimony about her childhood was irrelevant because it failed to connect the earlier incident to the later alleged assault has no merit. Affirmed.
Court: Rhode Island Supreme Court, Judge: Suttell, Filed On: June 26, 2023, Case #: 2021-71, Categories: Sex Offender, Child Victims, Jury Instructions
J. Eklund finds the trial court properly allowed the state's expert witness to testify during defendant's arson trial that a dresser pictured in the room where the fire originated could have acted as an accelerant. Although she never performed any tests on the dresser, her claim that "anything that makes the fire burn faster" is an accelerant was within the scope of her expertise, while the state was also not required to prove an accelerant was used to convict defendant. Meanwhile, circumstantial evidence that defendant burned several of his girlfriend's belongings in the past and had threatened to burn down her house in the leadup to the fire was sufficient to convict him of arson. Affirmed.
Court: Ohio Court Of Appeals, Judge: Eklund, Filed On: June 26, 2023, Case #: 2023-Ohio-2114, Categories: Evidence, Experts, Arson
J. Delaney finds the trial court properly denied the parents' request for a jury instruction on the standard of care owed to a guest or invitee in a negligence action. The injuries sustained by the girl during a ziplining accident were the result of a recreation activity that required application of the primary assumption of risk doctrine. Affirmed.
Court: Ohio Court Of Appeals, Judge: Delaney, Filed On: June 26, 2023, Case #: 2023-Ohio-2132, Categories: Jury, Negligence
[Consolidated.] J. Brown finds that the juvenile court improperly entered two orders finding the child dependent. The juvenile court failed to include a finding with regard to parental unfitness in its orders. It is also unclear what was being continued in an order continuing portions of a proceeding. Vacated.
Court: Georgia Court of Appeals, Judge: Brown, Filed On: June 26, 2023, Case #: A23A0194, Categories: Family Law
J. Smith finds that the lower court properly tossed claims from an attorney against a law firm and three of its employees alleging that they made improper statements about him during proceedings in an underlying dispute. The attorney was accused by the firm of acquiring documents through misrepresentations, but the statements were made fairly during a legal trial and are therefore shielded by litigation privilege. Affirmed.
Court: Washington Court Of Appeals, Judge: Smith, Filed On: June 26, 2023, Case #: 84426-1-I , Categories: Privilege
J. Doyle finds that the trial court improperly ruled in favor of the uncle in a conversion, specific performance and declaratory judgment action brought by the mother and daughter arising out of a property dispute. The uncle brought counterclaims for breach of contract and reformation of the contract. The uncle lacked standing to bring his motion for summary judgment in his individual capacity after he had already conveyed his interest in the property to his investment company. Reversed.
Court: Georgia Court of Appeals, Judge: Doyle, Filed On: June 26, 2023, Case #: A23A0281, Categories: Conversion, Contract
J. Conley denies Target's motion to transfer the technology company's lawsuit alleging Target's infringement of patents for mobile apps to help customers in find products in a store to the District of Minnesota. In part because the company's location in Mequon, Wisconsin and Target's location in Minneapolis, Minnesota do not make travel to the Madison, Wisconsin district court overly burdensome, Target has failed to show how the District of Minnesota or the Eastern District of Wisconsin are more convenient forums for the parties or witnesses, so the case will remain where it was filed.
Court: USDC Western District of Wisconsin, Judge: Conley, Filed On: June 26, 2023, Case #: 3:22cv425, NOS: Patent - Property Rights, Categories: Patent, Venue
J. Corrigan finds that defendant's sentence for a burglary conviction improperly included a three-year probation term. Recent legislation that limits probation for most felonies to two years applies retroactively to cases that were nonfinal when the law became effective in 2021. Defendant, who agreed to the probation term when he pleaded guilty, will have the term shortened to two years while the rest of the plea bargain remains unchanged.
Court: California Supreme Court, Judge: Corrigan, Filed On: June 26, 2023, Case #: S271057, Categories: Burglary, Probation, Plea
J. Chasanow denies a townhome owner his motion to dismiss allegations of housing discrimination brought by a tenant. After both parties signed the lease, the owner discussed his sex life with the tenant and pressured her to date and have sex with him, including sending nudes and asking if he could stay with her. The tenant clearly rebuffed him each time, but the owner persisted and also allegedly spied on the tenant and her family. The tenant is allowed to proceed because she has proficiently argued violations of the covenant of quiet enjoyment.
Court: USDC Maryland, Judge: Chasanow, Filed On: June 26, 2023, Case #: 8:22cv2065, NOS: Housing/Accommodations - Civil Rights, Categories: Landlord Tenant, Housing
J. Starr finds for two sets of parties on the opposing claims against each in a trademark infringement and conversion case. The limited liability company fails to plausibly plead its claims for trademark infringement and unfair competition, while the opposing parties also fail to support their claims for conversion, tortious interference with contract and fraudulent inducement, among others.
Court: USDC Northern District of Texas , Judge: Starr, Filed On: June 26, 2023, Case #: 3:20cv3008, NOS: Other Personal Injury - Torts - Personal Injury, Categories: Trademark, Conversion, Contract
J. Smith finds that the lower court properly entered a take-nothing judgment against the appellants in this breach of contract dispute involving the construction and sale of two townhomes. The appellants argue that the proceeds were not properly disbursed following the sale of the townhomes, but they failed to adequately show a breach of contract or fraud. Affirmed.
Court: Texas Courts of Appeals, Judge: Smith, Filed On: June 26, 2023, Case #: 05-22-00921-CV, Categories: Real Estate, Contract
J. Dillon grants the government's motion to dismiss federal tort claims arising from an allegedly negligent clean-up of
hazardous substances for lack of subject matter jurisdiction. The property owners claim the government executed an unwarranted and fraudulent response action that damaged the property. Federal courts do not have jurisdiction over actions against the U.S. unless Congress has expressly waived the federal government’s sovereign immunity, which they haven't for this case.
Court: USDC Western District of Virginia, Judge: Dillon , Filed On: June 26, 2023, Case #: 5:22cv40, NOS: Environmental Matters - Other Suits, Categories: Environment, Property, Jurisdiction
J. Ross affirms the district court's dismissal of the developer's mandamus petition seeking approval of its conditional use permit application and damages. The city's approval of the application rendered the mandamus petition moot, and granting a petition for an alternative writ of mandamus does not constitute "giving judgment" under a state law governing mandamus damages.
Court: Minnesota Court Of Appeals, Judge: Ross, Filed On: June 26, 2023, Case #: A22-1637, Categories: Municipal Law, Damages
J. Johnson vacates the district court's decision that the father is not entitled to a hearing before a human-services judge to challenge a county's determination that his child has not been sexually abused. The district court did not have subject-matter jurisdiction over the proceeding, since the father did not serve his initial proceeding on the county as required by the relevant statute. Vacated.
Court: Minnesota Court Of Appeals, Judge: Johnson, Filed On: June 26, 2023, Case #: A22-1420, Categories: Civil Procedure, Family Law
J. Shah grants Microsoft’s motion to compel arbitration in a Biometric Information Privacy Act case brought against it by two Uber drivers. The drivers sued the tech giant over Uber using its facial recognition to collect their facial geometry without their consent as part of the rideshare company’s “real time ID check” system. The drivers are bound by an arbitration clause in their contract with Uber, and as Microsoft is a third-party beneficiary of that contract, the court agrees their claims against it must also go to arbitration.
Court: USDC Northern District of Illinois, Judge: Shah, Filed On: June 26, 2023, Case #: 1:21cv3229, NOS: Other Personal Injury - Torts - Personal Injury, Categories: Arbitration, Privacy, Business Practices