183 results for 'filedAt:"2023-09-26"'.
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J. Bailey finds a lower court improperly ruled a defendant was entitled to pursue ineffective counsel claims against the State. The defendant, who was charged on six counts of sexual conduct of a minor and one count of public sexual indecency, argued that he is entitled to relief on his innocence claim and that he was provided with inadequate representation. However, the government presented sufficient evidence in court that his ineffective counsel claims are precluded by his allegations of complete denial of counsel. Reversed.
Court: Arizona Court Of Appeals Division One, Judge: Bailey, Filed On: September 26, 2023, Case #: 1 CA-CR 22-174, Categories: Sex Offender
J. Morrison finds for the commissioner of internal revenue in this tax liability dispute because evidence indicates plaintiff failed to pay by the deadline.
Court: U.S. Tax Court, Judge: Morrison, Filed On: September 26, 2023, Case #: 2023-121, Categories: Tax
J. Lazarus finds that that the lower court properly dismissed a family member's petition seeking the return of a certain piece of real estate to the estate of a deceased family member, rather than giving the property to the decedent's son. The court did not abuse its discretion in this determination. Affirmed.
Court: Pennsylvania Superior Court, Judge: Lazarus, Filed On: September 26, 2023, Case #: J-A18025-23, Categories: Property, Wills / Probate
J. Hall grants, in part, Yale University's motion to dismiss, ruling the constitutional claims filed against it as a state actor by the minority-owned snow removal service fail as a matter of law because the dispute between the parties arose from a purely commercial transaction, not a public function; therefore, the university cannot be considered a state actor.
Court: USDC Connecticut, Judge: Hall, Filed On: September 26, 2023, Case #: 3:22cv1160, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Contract
J. Jackson finds that the trial court should not have excluded impeachment evidence about the victim's prior convictions and inconsistent statements but the error was harmless and the evidence supports defendant's conviction for corporal injury on a romantic partner. But he is entitled to resentencing due to a retroactively applicable change in law that limits the imposition of upper term sentences. Affirmed.
Court: California Courts Of Appeal, Judge: Jackson, Filed On: September 26, 2023, Case #: A163112, Categories: Robbery, Sentencing, Domestic Violence
J. Rowe finds the trial court properly sustained the grocery store's challenge to evidence sufficiency in this negligence suit brought by a contractor who fell off a ladder supplied by the store when installing a new checkout lane. While a property owner has a duty to keep the premises reasonably safe for a contractor, there is an exception when the owner does not direct the work and the hazards resulting in injury are incidental to the work. The contractor has failed to establish that the owner owed him a duty of care. Affirmed.
Court: Oklahoma Supreme Court, Judge: Rowe , Filed On: September 26, 2023, Case #: 120434, Categories: Construction, Tort, Negligence
J. Fleming denies the estate's motion for summary judgment on its negligence claim against the cable company employee who cut the drop wire that caused the fatal motorcycle accident, ruling questions of fact remain as to whether the employee's decision to cut the line, which ordinarily falls flat across a roadway, was reasonable. Meanwhile, the employee's perfect scores on every field safety test and his training history preclude any direct negligence claim against the employer.
Court: USDC Northern District of Ohio, Judge: Fleming, Filed On: September 26, 2023, Case #: 1:21cv543, NOS: Motor Vehicle - Torts - Personal Injury, Categories: Vehicle, Negligence, Wrongful Death
J. Wright partially denies the sheriff's motion for summary judgment in a civil rights action brought by the journalists alleging that they were harassed, shot with less-lethal weapons and unfairly arrested during the law enforcement response to protests after the deaths of George Floyd and Daunte Wright. The sheriff's motion is granted as to the journalists' injunctive and declaratory relief claims. However, the sheriff is entitled to qualified immunity as to three journalists' civil rights claims against him in his individual capacity. The city's motion for summary judgment is denied because the journalists presented evidence of a persistent pattern of unconstitutional misconduct by the police department and deliberate indifference by the city. The evidence shows that officers "deliberately and systematically" targeted journalists who were identifiable as members of the press and were not committing crimes. There is also evidence supporting the inference of a conspiracy between the police department, state patrol and other agencies to disregard curfew exemptions and interfere with the freedom of the press.
Court: USDC Minnesota, Judge: Wright, Filed On: September 26, 2023, Case #: 0:20cv1302, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, First Amendment, Police Misconduct
J. Haight grants the parties' joint motion for class certification and preliminary settlement approval, ruling the discharged members of the military meet commonality and typicality requirements, given all of their claims challenge the Air Force's procedures and standards when evaluating the discharge of PTSD-affected veterans and their eligibility for benefits. Meanwhile, negotiations during settlement proceedings, completed under the guidance of an experienced magistrate judge, render the settlement fair and equitable.
Court: USDC Connecticut, Judge: Haight, Filed On: September 26, 2023, Case #: 3:21cv1214, NOS: Employment - Civil Rights, Categories: Settlements, Due Process, Class Action
J. Reiss grants Dairy Farmers of America's motion for summary judgment requesting the court to take judicial notice of prior litigations and news coverage of their activities. The class of farmers' motions and claims for allegedly conspiring to fix the prices of Grade A raw milk are denied but leave to file an amended complaint is granted.
Court: USDC Vermont, Judge: Reiss, Filed On: September 26, 2023, Case #: 2:22cv147, NOS: Antitrust - Other Suits, Categories: Agriculture, Antitrust, Discovery
J. Arguello denies defendants summary judgment in co-inventors' dispute as to ownership of patent application 16/926,991 because plaintiff contributed to the product's inception even if he had not developed the software himself, and thus he established an inventorship claim.
Court: USDC Colorado, Judge: Arguello, Filed On: September 26, 2023, Case #: 1:21cv1152, NOS: Patent - Property Rights, Categories: Patent
Per curiam, the appellate division finds that the lower court properly denied the worker's petition to vacate his termination from his city job. The city reasonably fired him for "incompetence" due to excessive absenteeism following a work-related injury. Affirmed.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: September 26, 2023, Case #: 04719, Categories: Employment