260 results for 'filedAt:"2023-08-30"'.
J. Colloton finds a lower court properly dismissed a mineral company's claims against the State of North Dakota. The mineral company argued that the State engaged in unlawful taking of its mineral rights without compensation, in violation of the Fifth Amendment. However, the State presented sufficient evidence in court that it acquired ownership in 1889 without taking. Affirmed.
Court: 8th Circuit, Judge: Colloton, Filed On: August 30, 2023, Case #: 22-2159, Categories: Constitution, Government, Property
J. Geraci grants the university's motion for summary judgment in the case brought by a student "who found out that 'stranger danger' also includes attractive women who slide into your DMs on Facebook" when the aforementioned DMs led him to an off-campus house where he was ambushed, assaulted and held captive. The student has not addressed any of the university's arguments for summary judgment, and so his claims are deemed abandoned, and his claims fail on their merits in any case.
Court: USDC Western District of New York, Judge: Geraci, Filed On: August 30, 2023, Case #: 6:18cv6566, NOS: Other Personal Injury - Torts - Personal Injury, Categories: Civil Procedure, Tort
J. Kaplan finds for the U.S. in a post-award bid protest concerning a contract to provide information technology services because plaintiff failed to demonstrate bad faith in the evaluation process.
Court: Court of Federal Claims, Judge: Kaplan, Filed On: August 30, 2023, Case #: Teksynap , Categories: Contract
J. Barrett finds the circuit court improperly revoked defendant’s suspended imposition of sentence on his guilty plea conviction for possession of less than two grams of meth. The revocation was based on alleged violations of possession with intent to deliver that occurred prior to the sentencing order’s entry. Although defendant’s suspended sentence commenced upon pronouncement in the courtroom, it may not be revoked unless the sentencing order is entered in the record. Reversed and remanded.
Court: Arkansas Court Of Appeals, Judge: Barrett, Filed On: August 30, 2023, Case #: CR-23-69, Categories: Drug Offender, Probation, Due Process
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J. Grogan finds in favor of the state in defendant's appeal of his sentence on child pornography charges. There is no conflict between the statutes defendant cites that would prevent the circuit court from imposing the three-year mandatory minimum sentence for the one count he pleaded guilty to as part of a plea deal, in part because the age-related exception to the mandatory minimum does not apply to him. Defendant has also failed to demonstrate any equal protection issue based on inconsistent application of the relevant sentencing provisions statewide. Affirmed.
Court: Wisconsin Court of Appeals, Judge: Grogan, Filed On: August 30, 2023, Case #: 2021AP002001-CR, Categories: Sentencing, Sex Offender
J. Ervin-Knott finds that defendant was properly convicted of second degree murder and attempted second degree murder. Defendant's claim that the victims were attempting to commit a drive-by shooting is not supported by the evidence, as a police officer testified that the victim's car windows were rolled up. Further, the officer testified that based on the angle of the video surveillance, there were no shots fired from the victim's car to the outside, and the only shots fired were into the victim's car. Affirmed in part.
Court: Louisiana Court Of Appeal, Judge: Ervin-Knott, Filed On: August 30, 2023, Case #: 2023-KA-0022, Categories: Evidence, Murder
Per curiam, the appellate court denies defendant a writ of mandamus to compel the trial court to hold a hearing on his application for habeas corpus and dismissal of prosecution with prejudice from his indictment for allegedly assaulting a public servant while incarcerated for another offense. Defendant says he was indicted after filing the application, that he has not completed serving his sentence, and that the allegation shows that he is not entitled to be released on bail. He says he could be reindicted if the indictment were dismissed. Since an indictment has been returned, the court declines to compel the trial court to rule on an application raising a speedy-indictment complaint as moot. The application for relief seeks to compel a ministerial act, not involving a discretionary or judicial decision. Defendant fails to demonstrate he is entitled to mandamus relief.
Court: Texas Courts of Appeals, Judge: Per curiam, Filed On: August 30, 2023, Case #: 09-23-00268-CR, Categories: Habeas, Assault, Due Process
J. Starr awards more than $2.6 million in attorney fees and costs to a group of companies that prevailed on fraudulent transfer claims against them. The requested $6 million in fees and costs is reduced, in part, because they failed to support their lodestar calculation.
Court: USDC Northern District of Texas , Judge: Starr, Filed On: August 30, 2023, Case #: 3:14cv2970, NOS: Racketeer Influenced and Corrupt Organizations (RICO) - Other Suits, Categories: Fraud, Attorney Fees, Racketeering
Per curiam, the appeals court finds the trial court needs to hold an evidentiary hearing to make specific findings to support its dismissal with prejudice of the rehab center's lawsuit against the citizen for nonpayment for services it provided to her after her trip and fall accident. Though the trial court still may find dismissal necessary for alleged discovery violations committed by the center, including failing to comply with multiple court orders demanding its complete responses to the citizen's discovery requests, it needs to address each of the six factors laid out by Florida Supreme Court precedent to support its order. Reversed.
Court: Florida Courts Of Appeal, Judge: Per curiam, Filed On: August 30, 2023, Case #: 22-1496, Categories: Sanctions, Discovery, Contract
J. Tabor finds that the state was properly granted summary judgment after defendant was convicted of driving on a suspended license because defendant had been required to appear at his hearing regardless of whether defense counsel attended. Affirmed.
Court: Iowa Court Of Appeals, Judge: Tabor, Filed On: August 30, 2023, Case #: 21-1880, Categories: Criminal Procedure
J. Williams declines to enter judgment on the pleadings in a dispute over a failed collaboration to develop a drug to treat excessive daytime sleepiness and cataplexy because well-pleaded contract claims demonstrate the existence of confidential disclosure agreements for three different years, and plaintiffs sufficiently pleaded trade secret and correction-of-inventorship claims.
Court: USDC Delaware, Judge: Williams, Filed On: August 30, 2023, Case #: 1:22cv487, NOS: Patent - Property Rights, Categories: Patent
J. Rakoff finds for the insurer in a dispute over its failure to pay rent on three units occupied by policyholders for 1.5 years after their home was nearly destroyed. The insurer promised to pay the tenants' rent for six months - which it did - and thereafter on a month-to-month basis, but did not defraud the landlord by failing to inform it that the insurer was challenging the tenants' policy claim in separate litigation.
Court: USDC Southern District of New York, Judge: Rakoff, Filed On: August 30, 2023, Case #: 1:22cv5582, NOS: Other Contract - Contract, Categories: Insurance, Contract
Per curiam, the appellate division finds that the lower court improperly denied the state's motion to dismiss a prisoner's personal injury suit stemming from an attack on him by another inmate. The attack was unforeseeable, and the state took reasonable precautions to try and keep inmates from possessing metal weapons. Affirmed.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: August 30, 2023, Case #: 04465, Categories: Tort, Prisoners' Rights
Per curiam, the appellate division finds that the lower court properly found for the injured pedestrian who fell after stepping on a manhole cover that "flipped up" as she walked. The jury reasonably found that the pedestrian was also negligent, but her negligence was not a substantial factor in causing the accident. Affirmed.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: August 30, 2023, Case #: 04439, Categories: Tort
J. Hendon finds the trial court improperly terminated the mother's parental rights after declining to set aside a default judgment it entered against her because she missed a Zoom hearing. The mother established due diligence, excusable neglect and other valid defenses for why she missed her hearing, which she provided the trial court a few hours after it occurred, so the trial court abused its discretion by terminating her parental rights and the case is remanded for further proceedings. Reversed.
Court: Florida Courts Of Appeal, Judge: Hendon, Filed On: August 30, 2023, Case #: 23-0574, Categories: Family Law, Agency
J. Schumacher finds that defendant was properly convicted of voluntary manslaughter for ramming his girlfriend's car after seeing her driving with another man. While keeping his foot on the accelerator, he fastened his own seatbelt and said, "I have insurance on this bitch." Affirmed.
Court: Iowa Court Of Appeals, Judge: Schumacher, Filed On: August 30, 2023, Case #: 22-1772x, Categories: Evidence, Manslaughter
J. Gamble finds that a father's parental rights were properly terminated since he failed to participate in mandatory drug testing or acknowledge the impact his methamphetamine use had on his child. Affirmed.
Court: Iowa Court Of Appeals, Judge: Gamble, Filed On: August 30, 2023, Case #: 23-0952, Categories: Family Law
J. Gladwin finds the circuit court properly awarded the parents joint custody of their shared child. The evidence established that the father was able to provide a stable home life during the mother’s prior dependency-neglect process, that he did not contribute to the neglect, that the child enjoyed both homes, that the child’s attorney ad litem declared that the child was attached to both parents and his half siblings on both sides, that the attorney ad litem stated that he believed it was in the child’s best interest to have “as much contact with both parents as … possible”, and that he believed both parents are fit. No clear error is found, and the superior position of circuit court is given deference. Affirmed.
Court: Arkansas Court Of Appeals, Judge: Gladwin, Filed On: August 30, 2023, Case #: CV-22-712, Categories: Evidence, Family Law, Guardianship
J. Brody finds that the trial court properly excluded documents that subtenants provided to show ownership of a tree that fell and killed their cat. The documents were unauthenticated hearsay that was not admissible under the business documents exception and were not supported by personal knowledge. Affirmed.
Court: Idaho Supreme Court, Judge: Brody, Filed On: August 30, 2023, Case #: 49592, Categories: Evidence, Property, Negligence
J. Bybee finds that the district court improperly dismissed a commercial property landlord's complaint alleging that the County of Los Angeles’ 2020 eviction moratorium, enacted for the outbreak of Covid-19, violated his rights under the Contracts Clause of the United States Constitution. The moratorium provided tenants with an affirmative defense against eviction if they gave monthly notice to the landlord that they were unable to pay rent. Those allegations were sufficient to plead an injury in fact. Reversed.
Court: 9th Circuit, Judge: Bybee, Filed On: August 30, 2023, Case #: 22-55480, Categories: Landlord Tenant, Covid-19, Contract
J. Gordo finds the trial court property ruled in favor of the bank in the lawsuit it faced from companies to which it made a $5.5 million loan before the companies defaulted. The companies' arguments that the bank was negligent in improvidently granting the loan despite issues with the manager's loan application and unjustly enriched itself are unavailing, in part because there was no fiduciary relationship putting a duty on the bank to prevent negligent lending. Affirmed.
Court: Florida Courts Of Appeal, Judge: Gordo, Filed On: August 30, 2023, Case #: 22-1839, Categories: Fiduciary Duty, Banking / Lending, Contract