129 results for 'filedAt:"2023-08-01"'.
[Consolidated.] J. Wood finds that the lower court properly entered a preliminary injunction ordering the school districts to allow three transgender boys to use the boys' bathroom and locker room. The boys say they plan to use the stalls in the locker room to change in privacy and do not seek access to the locker room showers. Therefore, there is evidence other boys will be exposed to nude transgender students, or threat to student privacy. Affirmed.
Court: 7th Circuit, Judge: Wood, Filed On: August 1, 2023, Case #: 22-1786, Categories: Civil Rights, Education, Restraining Order
J. Moore finds that the lower court improperly dismissed the children's' citation to recover assets against their father's widow. The children adequately allege their father's widow converted his assets into her own while he was still alive, but while he was totally dependent on her, reducing the estate from $3 million to only $200,000. Reversed.
Court: Illinois Appellate Court, Judge: Moore, Filed On: August 1, 2023, Case #: 220630, Categories: Wills / Probate
J. Jackson-Akiwumi finds that the lower court properly dismissed a woman's challenge to the DEA's seizure of $33,000 in cash she was carrying at Chicago's O'Hare airport. The woman failed to timely challenge the DEA's determination that the cash was forfeited due to its link to illegal drug activity. Affirmed.
Court: 7th Circuit, Judge: Jackson-Akiwumi, Filed On: August 1, 2023, Case #: 22-2087, Categories: Administrative Law, Agency, Forfeiture
J. Yarbrough finds that the lower court properly denied the appellants' request for attorney fees and sanctions in this case brought by the Department of Family and Protective Services. The department's petition was dismissed, but the appellants fail to "overcome the presumption that the petition was filed in good faith." Affirmed.
Court: Texas Courts of Appeals, Judge: Yarbrough, Filed On: August 1, 2023, Case #: 07-22-00051-CV, Categories: Family Law, Sanctions, Attorney Fees
Per curiam, the Nebraska Court of Appeals finds the county court properly found the father to be in contempt for failure to pay child support. He challenges the child support orders rather than the contempt order, and he is precluded from this. The father was found to be in contempt after failing to make child support payments according to modifications. His assigned errors are an improper collateral attack on prior orders. No assigned error is related to the contempt order. Affirmed.
Court: Nebraska Court Of Appeals, Judge: Per curiam, Filed On: August 1, 2023, Case #: A-22-755, Categories: Contempt, Family Law
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. Parker adopts the magistrate judge's recommendation and dismisses the individual's claims against the fire department and the lieutenant with prejudice. The pro se plaintiff contends that he was arrested and transported to "a mental health institution" following a conversation outside a fire station. His claims stemming from the incident include "defamation in retaliation of free speech," but he fails to establish the court's subject matter jurisdiction or adequately state a claim for relief.
Court: USDC Western District of Tennessee , Judge: Parker, Filed On: August 1, 2023, Case #: 2:22cv2651, NOS: Other Civil Rights - Civil Rights, Categories: Civil Procedure, Civil Rights, Defamation
J. Riedmann finds the juvenile court properly transferred this case regarding the juvenile defendant’s possession of a firearm during the commission of a felony and possession of meth to adult court. Upon report of a number of runaway juveniles partying in a hotel room, officers discovered the items on defendant’s person during a search. The juvenile court found no relevant matters to consider. A review of rehabilitative efforts and defendant’s criminal history supports the conclusion that juvenile probation has been unsuccessful. Affirmed.
Court: Nebraska Court Of Appeals, Judge: Riedmann, Filed On: August 1, 2023, Case #: A-23-208, Categories: Drug Offender, Firearms, Juvenile Law
J. Rice issues an injunction against the wholesaler, which arises from the government's claim that the wholesaler transferred TMA, a regulated substance, from railcars to trucks without conducting a hazard assessment, conducting training, or compiling safety information. Among other stipulations, the wholesaler must submit a complete compilation of process safety information, including information pertaining to hazards, to the U.S. Environmental Protection Agency.
Court: USDC Eastern District of Washington, Judge: Rice, Filed On: August 1, 2023, Case #: 2:21cv262, NOS: Environmental Matters - Other Suits, Categories: Environment, Agency, Injunction
J. Pryor finds that the district court properly sentenced defendant to 50 months in prison following his guilty plea to possession with intent to distribute 100 grams or more of heroin and 50 grams or more of methamphetamine. Although the sentence was not unreasonable and the district court properly imposed a sentencing enhancement for maintaining a premises for the purpose of manufacturing or distributing a controlled substance, the district court incorrectly imposed conditions of supervised release in the written judgment which were not included in defendant's oral sentence. Defendant is not entitled to resentencing based on technical malfunctions during the Zoom video conference sentencing hearing. Defendant failed to show that the technical difficulties affected the sentence he received. Affirmed in part.
Court: 11th Circuit, Judge: Pryor, Filed On: August 1, 2023, Case #: 20-13534, Categories: Drug Offender, Sentencing, Due Process
J. Edelstein denies the state's motion for leave to appeal, ruling that the trial court did not abuse its discretion when it granted defendant's motion for a new trial based on newly discovered evidence because even though he presented evidence the victim did not die of shaken baby syndrome at his original trial in 2003, the expert testimony he provided in his motion represents a "quantum leap" in the medical community's understanding of injuries caused by shaking, as well as natural explanations for the types of injuries that led to the victim's death. Additionally, the developments in diagnosing the cause of death for infants were clearly unavailable at the time of defendant's 2003 trial, are integral to his defense, and present a strong possibility of a different outcome; therefore, the motion for a new trial was properly granted. Affirmed.
Court: Ohio Court Of Appeals, Judge: Edelstein, Filed On: August 1, 2023, Case #: 2023-Ohio-2670, Categories: Murder, Experts, Child Victims
J. Thompson denies in part the police officers' motion to dismiss, ruling that the complaint makes sufficient allegations against officers Owens and Deida to support civil rights claims, and so the first cause of action will proceed against those two officers. However, because the Milford Police Department is not a legal entity with the capacity to be sued, all of the claims against it must be dismissed.
Court: USDC Connecticut, Judge: Thompson, Filed On: August 1, 2023, Case #: 3:22cv1177, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Government
J. Ryu denies in part the marine company's motion to dismiss a seaman's allegations of sexual discrimination. The seaman sufficiently alleges claims against the company for negligence under the Jones Act, unseaworthiness, Title VII retaliation and negligent infliction of emotional distress.
Court: USDC Northern District of California, Judge: Ryu, Filed On: August 1, 2023, Case #: 4:22cv6999, NOS: Marine - Contract, Categories: Maritime, Emotional Distress, Employment Discrimination
J. Chambers grants a trans woman’s motion for temporary and preliminary relief compelling the West Virginia Department of Health and Human Resources to carry out its Board of Review’s decision approving three medically necessary surgeries scheduled for September for treatment of her gender dysphoria. Determining it has subject-matter jurisdiction and she is likely to prevail on the merits of her case, the court finds her interest in receiving the surgeries outweighs the state's in appealing the Board's decision to the West Virginia Intermediate Court of Appeals since it is “measured only in money.”
Court: USDC Southern District of West Virginia, Judge: Chambers, Filed On: August 1, 2023, Case #: 3:23cv450, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Health Care, Injunction
J. Failla finds for the plaintiff insurer in a dispute of which insurer must pay legal expenses in an underlying construction injury suit. The defendant insurer has a duty to defend the contractor, the building owner, and the building's managing agent in the underlying action, but priority of coverage cannot be determined at this time.
Court: USDC Southern District of New York, Judge: Halpern, Filed On: August 1, 2023, Case #: 1:22cv2171, NOS: Insurance - Contract, Categories: Insurance, Contract
J. Harris finds the lower court properly increased the defendant's sentence on remand. The defendant, initially facing Hobbs Act robbery and firearm offenses, had a poor disciplinary record while incarcerated between court appearances. Affirmed.
Court: 4th Circuit, Judge: Harris, Filed On: August 1, 2023, Case #: 21-4351, Categories: Firearms, Robbery, Sentencing
J. Gwin finds that the lower court did not abuse its discretion when it terminated the mother's parental rights and granted permanent custody of her child to family services because she failed to complete the majority of the objectives in her case plan, canceled several appointments for mental health evaluations, and did not remedy the issues that led to the initial removal of the child. Affirmed.
Court: Ohio Court Of Appeals, Judge: Gwin, Filed On: August 1, 2023, Case #: 2023-Ohio-2679, Categories: Evidence, Family Law
J. Srinivasan holds the trial court improperly refused to suppress evidence of a handgun during defendant's trial on a firearms charge. Defendant was seized at the time the officer asked him to reveal his waistband and the government fails to show there was reasonable suspicion to support the seizure. Vacated.
Court: DC Circuit, Judge: Srinivasan, Filed On: August 1, 2023, Case #: 22-3017, Categories: Constitution, Firearms, Search
J. Summerhays denies a request by the former CEO of a hospice center to dismiss fraud claims by its insurance company, finding the insurer has alleged sufficient facts to support allegations that the top executive defrauded his employer over a four-year period by using his corporate American Express credit card to charge more than $500,000 worth of personal expenditures to and engaged in a variety of fraudulent activities to conceal his wrongdoing.
Court: USDC Western District of Louisiana , Judge: Summerhays, Filed On: August 1, 2023, Case #: 6:22cv690, NOS: Insurance - Contract, Categories: Civil Procedure, Fraud, Contract
J. Nathan finds that the district court improperly found for federal agencies and officials and dismissed as untimely a woman's claims of sexual and psychological abuse by an immigration officer to avoid deportation. Her request for equitable tolling should have been granted, as the years of alleged rape and mistreatment as his "slave," which produced three terminated pregnancies and attempts at suicide and culminated in a threat of death if revealed, amounted to extraordinary circumstances that delayed the complaint. Vacated.
Court: 2nd Circuit, Judge: Nathan, Filed On: August 1, 2023, Case #: 22-843-cv, Categories: Immigration, Tort
[Consolidated.] J. Hardwick finds that the commission properly approved the securitization of costs in an amount less than the utility requested. The commission's calculation of the amount of energy transition costs for a retired plant is supported by the evidence, and did not err by reducing the amount of power purchase costs in connection with a winter storm that the utility could recover through securitization. Affirmed.
Court: Missouri Court Of Appeals, Judge: Hardwick, Filed On: August 1, 2023, Case #: WD85800, Categories: Energy, Securities, Agency
J. King finds the lower court properly labeled the defendant a career offender for sentencing purposes. The defendant, convicted of selling drugs, failed to explain why at least four of his seven previous drug-related charges wouldn't count as controlled substance offenses. Affirmed.
Court: 4th Circuit, Judge: King, Filed On: August 1, 2023, Case #: 20-4433, Categories: Drug Offender, Firearms, Sentencing
[Consolidated.] J. Smith finds the district court improperly denied injunctive relief in this challenge to the alleged statutory deficiencies with the process and substance of the ATF’s Final Rule instituting a six-factor balancing test for classifying a firearm with a stabilizing brace which considers the firearm weight with the brace attached as well as the prevalence of YouTubers’ demonstrating the likely use of the weapon. The challenge will likely succeed on the merits of an Administrative Procedure Act claim. Reversed and remanded with instruction to adjudicate the remainder of the preliminary-injunction factors and determine the scope of any relief.
Court: 5th Circuit, Judge: Smith, Filed On: August 1, 2023, Case #: 23-10319, Categories: Civil Rights, Agency
J. Hamilton finds that the lower court properly found for the Corps in an environmental challenge to its decision to continue the overall program of building river training structures to maintain the navigable channel in the middle Mississippi River where the Ohio River meets it and more than doubles the river's flow. The Corps considered alternatives, removed structures that are no longer effective and studied the uses of dredged material that would minimize environmental harm. Other alternatives suggested by environmental groups were rejected, in part, because they would require Congressional authorization. Affirmed.
Court: 7th Circuit, Judge: Hamilton, Filed On: August 1, 2023, Case #: 22-1466, Categories: Environment, Agency