179 results for 'filedAt:"2023-08-11"'.
[Consolidated.] J. Childs denies an energy company's petitions for review regarding Federal Energy Regulatory Commission's decision to exercise primary jurisdiction over its dispute regarding rates charged by a pipeline company for the transportation of natural gas to its electric power generating plant and determining the incremental rate was appropriate under the pipeline's tariff. The energy company fails to show the commissioner's exercise of jurisdiction or its decision was arbitrary or capricious.
Court: DC Circuit, Judge: Childs, Filed On: August 11, 2023, Case #: 21-1195 , Categories: Administrative Law, Energy
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J. Colloton finds a lower court properly sentenced a defendant to 180 months in prison for unlawful possession of a firearm. The defendant argued that the lower court erred in denying his motion to suppress evidence based on mistaken identity at the hands of police officers who stopped him in traffic. However, the government presented sufficient evidence in court that police officers were entitled to pull him over based on a description of his identity, which linked him as a participant in a shooting. Affirmed.
Court: 8th Circuit, Judge: Colloton, Filed On: August 11, 2023, Case #: 22-1912, Categories: Evidence, Firearms, Sentencing
J. Reyna finds that the patent trial and appeal board properly ruled in this dispute over methods for testing assay devices and biological fluids because substantial evidence supports the ruling. Affirmed.
Court: Federal Circuit, Judge: Reyna, Filed On: August 11, 2023, Case #: 21-1796, Categories: Patent
J. Saylor denies one of the motions for summary judgment brought by an insurance company against the individual who brought a class action against it for failure to provide cost-sharing credit for his years working for a company the insurance company acquired. While his post-retirement medical benefit was not a vested benefit and the wording of the company’s plan that he was on makes it clear he is not entitled to the cost-sharing credit he believed he was, it is unclear if the company’s representatives mislead him to believe he was entitled to that credit.
Court: USDC Massachusetts, Judge: Saylor, Filed On: August 11, 2023, Case #: 1:20cv11530, NOS: Other Statutory Actions - Other Suits, Categories: Employment, Erisa, Class Action
J. Osowik finds that although defendant's attorney was later charged in disciplinary proceedings and forced to resign from the practice of law, he provided competent representation during her case and was fully prepared for trial at the time he advised her to enter an Alford plea. Defendant answered all of the court's questions coherently and lucidly during her plea colloquy, and while she had a history of bipolar disorder, nothing indicated she was incompetent to stand trial or would be prejudiced by the plea agreement. Affirmed in part.
Court: Ohio Court Of Appeals, Judge: Osowik, Filed On: August 11, 2023, Case #: 2023-Ohio-2796, Categories: Competence, Ineffective Assistance, Assault
J. Brann permits a Penn State athlete to pursue certain gender discrimination claims against the university and her fencing coach because, even though she sufficiently stated claims against the school and her coach, she failed to prove the coach acted in his professional capacity when he tormented her about her weight and belittled her due to her gender.
Court: USDC Middle District of Pennsylvania, Judge: Brann, Filed On: August 11, 2023, Case #: 4:22cv529, NOS: Education - Civil Rights, Categories: Civil Rights, Education, Equal Protection
J. Burns finds that the trial court properly dismissed a patient's unfair competition claim against a drug maker for lack of standing. He argued the drug maker should have made single-use vials of a lymphoma drug in a variety of sizes so patients would not be forced to waste unused portions. But he did not suffer economic injury since his deductible would be the same regardless of vial size, and he cannot use the collateral source rule to borrow an injury from his insurer to establish standing under the unfair competition statute. Affirmed.
Court: California Courts Of Appeal, Judge: Burns, Filed On: August 11, 2023, Case #: A164426, Categories: Civil Procedure, Unfair Competition
J. Rovner finds that the lower court properly convicted defendant of possessing a firearm as a felon after officers spotted him on surveillance footage with a gun, then went to the scene, frisked him, and found the weapon. The officers had probable cause to search defendant without a warrant even if they didn't know he was a felon because they saw him openly carry a firearm in violation of Illinois concealed carry laws. Affirmed.
Court: 7th Circuit, Judge: Rovner, Filed On: August 11, 2023, Case #: 22-2802, Categories: Firearms, Search
J. Cradle finds the trial court properly granted the state's motion for a standing criminal protective order nine years after defendant was sentenced for inappropriate sexual contact with a child victim. The order did not alter the trial court's original judgment or sentence, and was a reasonable measure taken to ensure the safety of the victim upon the expiration of defendant's probation. Affirmed.
Court: Connecticut Court Of Appeals, Judge: Cradle, Filed On: August 11, 2023, Case #: AC45281, Categories: Sex Offender, Restraining Order
Per curiam, the Fifth Circuit finds the district court improperly granted the government’s motion to involuntarily medicate defendant, who is on trial for threatening to assault a federal judge, is not competent to stand trial and is forbidden from using psychiatric medication by his religion. Though the government has shown it has a compelling interest in administering the medication, the court must consider in the first instance whether the Religion Freedom Restoration Act or any other religious-freedom protection applies. Vacated and remanded.
Court: 5th Circuit, Judge: Per curiam, Filed On: August 11, 2023, Case #: 23-30030, Categories: Competence, Threats, Civil Rights
J. Welbaum finds the trial court properly denied defendant's motion to suppress during his trial on DUI charges. The arresting officer had probable cause to initiate a traffic stop after he saw defendant exit a gas station with beer and drive without a rear license plate, while the strong odor of alcohol on defendant's breath gave him probable cause to initiate the search. Furthermore, the trial court properly refused to exclude a blood sample, as defendant's expert witness failed to say with any degree of certainty how much the level of ethanol in defendant's blood sample would have increased as a result of a one hour delay before it was refrigerated. Affirmed.
Court: Ohio Court Of Appeals, Judge: Welbaum, Filed On: August 11, 2023, Case #: 2023-Ohio-2788, Categories: Search, Dui, Experts
Per curiam, the appellate division finds that the trial court properly ruled against a restaurant in claims contending plaintiffs were injured during a chain-reaction car collision caused by a drunk driver because whether the restaurant served alcohol to the drunk driver remains unclear. However, one plaintiff did not sustain serious injury as a result of the accident. Affirmed.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: August 11, 2023, Case #: CA 22-01295, Categories: Negligence
J. Suarez finds the lower court properly calculated child support payments because there was credible testimony the husband's stated weekly income of $600 was fabricated, considering he has a successful legal practice and owns numerous rental properties, and so the court was entitled to deviate from the guidelines and impose a $70 per week payment from the husband. Meanwhile, the division of marital assets was equitable, as the husband was awarded all properties owned prior to the marriage, as well as a lump sum of $342,000 withdrawn during the case. Affirmed.
Court: Connecticut Court Of Appeals, Judge: Suarez, Filed On: August 11, 2023, Case #: AC45268, Categories: Evidence, Family Law
J. Traum grants a student’s motion for summary judgment in this suit seeking review of the Nevada Department of Education’s decision upholding the district’s decision to exit the student from special education services. The district was on notice that the category of health impairment other than orthopedic impairment was a category of suspected disability. The district violated the Individuals with Disabilities Education Act, failing to properly consider health impairment. A preponderance of the evidence shows that the student was eligible for special education services.
Court: USDC Nevada, Judge: Traum, Filed On: August 11, 2023, Case #: 3:21cv242, NOS: Other Statutory Actions - Other Suits, Categories: Civil Rights, Ada / Rehabilitation Act, Education