142 results for 'filedAt:"2023-08-08"'.
J. Hamilton finds that the lower court properly denied defendant's habeas petition asserting he was deprived of effective assistance of counsel because counsel did not tell him six of the over a dozen sexual abuse felony charges against him, including one to which he pled guilty, were barred by the statute of limitations. Defendant cannot show he would have rejected the plea bargain and gone to trial instead if his counsel had properly informed him. Affirmed.
Court: 7th Circuit, Judge: Hamilton, Filed On: August 8, 2023, Case #: 21-2416, Categories: Ineffective Assistance, Plea
J. Stark finds that the lower court improperly found in favor of the widow for her lawsuit alleging that the agricultural service is liable for the death of her husband, who fell into a gravity-operated hopper trailer that was attached to a semi-tractor and was smothered by the trailer’s cargo of corn gluten, which came from the agricultural service. The husband's death falls under a motor vehicle accident because the tractor-trailer was designed mainly to transport property on highways, even if it was not on a highway at the time of the husband's death. Also, the widow's negligence claim is not timely because it was filed over two years after the estate's cause of action accrued.
Court: Wisconsin Court of Appeals, Judge: Stark, Filed On: August 8, 2023, Case #: 2022AP1346, Categories: Negligence, Wrongful Death
J. Estudillo denies summary judgment to Boeing for the employee's claim that the company demoted him after he complained about his supervisor's treatment of him and other older employees. Boeing's argument that the employee's retaliatory demotion claim is time-barred fails because while it did tell the employee that he was going to be demoted as far back as April 2019, none of these assertions go beyond a desire to demote the employee rather than an actual plan to do so.
Court: USDC Western District of Washington, Judge: Estudillo, Filed On: August 8, 2023, Case #: 2:22cv533, NOS: Employment - Civil Rights, Categories: Employment, Employment Discrimination
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J. Walker finds that the district court properly resentenced defendant after he violated terms of his supervised release by being arrested for possessing marijuana. Although defendant argued the possession count was not statutorily a state "crime" but merely a "violation," it remained a crime under federal law. Affirmed.
Court: 2nd Circuit, Judge: Walker, Filed On: August 8, 2023, Case #: 22-1080-cr, Categories: Drug Offender, Parole
J. Nguyen grants a petition for review of the Board of Immigration Appeals’ denial of an immigrant's motion to reopen immigration proceedings to apply for cancellation of removal. The BIA applied the incorrect legal standard for failure to establish a prima facie case for relief.
Court: 9th Circuit, Judge: Nguyen, Filed On: August 8, 2023, Case #: 20-71977, Categories: Immigration
Per curiam, the Fifth Circuit finds the trial court properly convicted and sentenced defendant for enticement of a minor, travel with intent to engage in illicit sexual conduct and transfer of obscene material to a minor. Defendant travelled to Texas from Massachusetts after cultivating an online relationship with a 13-year-old girl, which included the sharing of explicit videos and photos. Upon meeting the girl, he engaged in multiple forced sexual acts with her. Her physical injuries were confirmed by medical examination. The sentence was properly calculated with enhancements for past behaviors, and force, and intimidation at a total of 405 months in prison, plus lifetime supervision. A special assessment for $5,000 does not apply to a count of transfer of obscene material to a minor and is vacated. Affirmed in part. Vacated in part.
Court: 5th Circuit, Judge: Per curiam, Filed On: August 8, 2023, Case #: 22-40332, Categories: Sentencing, Sex Offender, Child Victims
J. Otake declines to stay proceedings in a physician’s challenge to the Department of Health and Human Services and the FDA’s regulations on the medication abortion drug mifepristone, finding that a stay would cause unreasonable delay to the physician’s case. The stay proposed by the DHHS and the FDA, based on two other federal cases around the nation, would either be too long given the urgency of the case, or short enough that it would be unnecessary.
Court: USDC Hawaii, Judge: Otake, Filed On: August 8, 2023, Case #: 1:17cv493, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Government
J. Riedmann finds the juvenile court properly terminated a father’s parental rights to his son. After a domestic violence incident between the parents, the mother’s parental rights were terminated and the father was ordered to engage in various programs. The state filed a motion to terminate because the father had failed to reunify with another child already under the court’s jurisdiction, had failed to participate in a domestic violence course, failed to maintain contact with caseworkers, failed to undergo a psychological evaluation, failed to maintain a legal source of income, failed to undergo drug testing, failed to complete paperwork, and failed to participate in visitation. The child has been in out-of-home placement for 15 months, and all evidence and record support the best-interest finding. Affirmed.
Court: Nebraska Court Of Appeals, Judge: Riedmann, Filed On: August 8, 2023, Case #: A-23-035, Categories: Evidence, Family Law, Guardianship
J. Silva grants the trust’s motion for leave to amend in this class action against the Las Vegas Sands Corporation, some of its directors and executive officers, brought on allegations of misrepresentation and omissions made regarding sales of its securities. The trust fails to state a claim for certain years of the alleged class period. As amendment would not be futile, the claims are dismissed in part, but with leave to amend.
Court: USDC Nevada, Judge: Silva, Filed On: August 8, 2023, Case #: 2:20cv1958, NOS: Securities/Commodities/Exchange - Other Suits, Categories: Securities, Trusts, Contract
J. Torbitzky finds that the lower court properly convicted defendant of murder despite not instructing the jury on the lesser offense of voluntary manslaughter. The jury specifically found that defendant deliberated before killing his roommates, even if this deliberation was brief, so defendant was not prejudiced by the jury instructions. Affirmed.
Court: Missouri Court Of Appeals, Judge: Torbitzky, Filed On: August 8, 2023, Case #: ED110472, Categories: Murder, Manslaughter, Jury Instructions
J. Kirsch finds that the lower court properly dismissed the employee's claim that the company fraudulently induced her to join the company by making false assurances about its financial outlook and her prospects for career advancement. The court acted within its discretion to deny the employee's request to amend her complaint to add new claims. Affirmed.
Court: 7th Circuit, Judge: Kirsch, Filed On: August 8, 2023, Case #: 22-1214, Categories: Employment, Fraud
J. King grants the interlocal cooperative leave to file a second amended complaint, which arises from its first complaint alleging that the insurance company must defend and indemnify the interlocal cooperative in three underlying sexual abuse lawsuits. Filing a second amended complaint will not cause the insurance company undue prejudice because there is no scheduling order and no one has engaged in discovery yet. The interlocal cooperative must file its second amended complaint within seven days of this order.
Court: USDC Western District of Washington, Judge: King, Filed On: August 8, 2023, Case #: 2:21cv874, NOS: Insurance - Contract, Categories: Insurance, Discovery, Contract
J. Trauger grants the delivery company's summary judgment motion in this lawsuit brought by a former delivery driver alleging discrimination based on sex and pregnancy. The company indicates that the driver's termination was due to "work performance issues," as she allegedly fell behind in her routes and required assistance from other drivers. Additionally, the former driver fails to show that the reason given by the company was pretextual.
Court: USDC Middle District of Tennessee , Judge: Trauger, Filed On: August 8, 2023, Case #: 3:21cv946, NOS: Employment - Civil Rights, Categories: Employment, Employment Discrimination
J. Fenn finds that the lower court improperly issued a protective order on documents an individual was requesting from a hospital regarding medical malpractice claims. The documents requested relate to public funds and contain a government entity as a party, placing then under the definition of a public record not exempt from disclosure by the Wyoming Public Records Act. Reversed.
Court: Wyoming Supreme Court, Judge: Fenn, Filed On: August 8, 2023, Case #: S-22-0286, Categories: Public Record, Medical Malpractice
J. Rovner finds that the lower court improperly granted summary judgment to the village on a couple's claims that police shot and killed their dog when responding to their request for help. The video from a body camera does not conclusively show that the dog posed a threat to the responding officer, who is mostly running away through the video so the camera is facing away from the dog. It remains for a jury to decide whom to believe about how the dog was behaving. Reversed.
Court: 7th Circuit, Judge: Rovner, Filed On: August 8, 2023, Case #: 22-1239, Categories: Evidence, Tort
Per curiam, the Fifth Circuit finds the trial court properly committed defendant as a sexually violent predator near the end of his 13-year sentence for his conviction on two counts of aggravated sexual assault of a child. Defendant argues that the Sexually Violent Predator Act is so punitive that it constitutes a criminal, rather than civil statute, which violates his constitutional rights. Defendant has not properly alleged that there is no set of circumstances in which the SVPA would be valid. His motion for preliminary injunction is therefore moot. Affirmed in part. Dismissed in part.
Court: 5th Circuit, Judge: Per curiam, Filed On: August 8, 2023, Case #: 22-50413, Categories: Constitution, Evidence, Commitment
J. Ray recommends that FedEx's motion for summary judgment should be denied with regard to the former employee's civil rights and employment discrimination action. There is no evidence that the employee knowingly and voluntarily entered an agreement releasing his Title VII claims against FedEx. The government's motion to dismiss is granted because the employee failed to identify any express waiver of sovereign immunity relative to his claims. The case is stayed pending the district judge's final disposition of the recommendation and two dispositive motions.
Court: USDC Southern District of Georgia, Judge: Ray, Filed On: August 8, 2023, Case #: 4:22cv295, NOS: Employment - Civil Rights, Categories: Civil Rights, Employment Discrimination
J. Mentel finds the trial court erroneously denied defendant's motion to suppress after the police officer who initiated the traffic stop admitted at trial he was unsure of the implications of Ohio HB 197, passed during the Covid-19 pandemic to allow for a grace period for expired vehicle registrations. While officers are given certain leeway in their duties and the interpretation of laws, the one at issue in this case was completely ignorant of the law and initiated the stop because of defendant's expired registration; therefore, defendant's plea of no contest to the weapons charge will be vacated and the case will be remanded. Reversed.
Court: Ohio Court Of Appeals, Judge: Mentel, Filed On: August 8, 2023, Case #: 2023-Ohio-2746, Categories: Firearms, Search
J. Silva denies the foundation’s motion for summary judgment in this dispute over royalties for intellectual property assigned to it by the pharmaceutical company as to its proprietary anesthetic. There is a genuine dispute over royalties owed on the product manufactured, as it is unclear whether the patent that the pharmaceutical company uses to manufacture the product is “related to” the patent that the foundation previously assigned to it.
Court: USDC Nevada, Judge: Silva, Filed On: August 8, 2023, Case #: 2:21cv2241, NOS: Other Contract - Contract, Categories: Health Care, Contract, Technology
J. Chuang grants the Secretary of the Treasury and 10 IRS officials their motion to dismiss race discrimination, hostile work environment and retaliation allegations brought by a former supervisor info technology specialist. The specialist claims several violations of his civil rights including the officials forcing him to work a non-union position when he requested a union one, and refusing to hire him for 26 different positions for which he applied. However, the specialist did not address his complaints with the HR department before filing a complaint with the EEOC, and he failed to state a claim because he did not use comparable analysis when arguing discrimination.
Court: USDC Maryland, Judge: Chuang, Filed On: August 8, 2023, Case #: 8:22cv134, NOS: Employment - Civil Rights, Categories: Employment, Employment Discrimination, Employment Retaliation
J. Papillion denies a request for a preliminary injunction against the chief U.S. immigration agency submitted by a regional business center set up by Congress to give foreign nationals the potential to become permanent U.S. residents if they invest in commercial enterprises that create full-time jobs. The regional business center unsuccessfully argued that it would suffer irreparable harm if the government agency is allowed to implement a new rule requiring re-authorization of the regional centers for purposes of sponsoring new foreign investors and projects, such as a major Four Seasons hotel project in New Orleans. The ruling disagrees. An injunctive order would result in the U.S. losing a “significant amount” of regulatory authority over the foreign business centers and disserve the public.
Court: USDC Eastern District of Louisiana , Judge: Papillion, Filed On: August 8, 2023, Case #: 2:23cv1534, NOS: Other Statutory Actions - Other Suits, Categories: Government, Immigration, Business Practices
J. Srinivasan find the district court properly dismissed a wireless company's action against the Internal Revenue Service challenging more than $1 million in exactions imposed after the company allegedly failed to abide by coverage rules under the Affordable Care Act. The district court lacked jurisdiction, as the exaction is considered a tax. Affirmed.
Court: DC Circuit, Judge: Srinivasan, Filed On: August 8, 2023, Case #: 22-5121 , Categories: Health Care, Tax
J. Barnes recommends granting a $3,000 default judgment to a sporting events distributor on its claim a restaurant screened a televised fight without a sublicense. The restaurant failed to respond to the action, and the distributor established it has exclusive ownership of the rights to distribute the program, which an investigator witnessed being shown on a television at the restaurant.
Court: USDC Eastern District of California, Judge: Barnes, Filed On: August 8, 2023, Case #: 2:22cv1089, NOS: Cable/Sat TV - Other Suits, Categories: Licensing