310 results for 'filedAt:"2023-09-29"'.
J. Lavin finds that the lower court properly found defendant guilty of being an armed habitual criminal. The state established that defendant possessed a firearm with two prior qualifying felonies, and police have reasonable suspicion to frisk and search him for weapons during a traffic stop. Affirmed.
Court: Illinois Appellate Court, Judge: Lavin, Filed On: September 29, 2023, Case #: 200917, Categories: Firearms, Search
J. Oliver grants the black homeowners' motion for class certification, ruling that while there are not specific numbers in the water shutoff class, the numbers provided for the lien class allow the court to make common sense assumptions about its size, which meets numerosity requirements. Additionally, all of the claims center on one of three actions - the filing of a lien by the city, the shutoff of water service or excessively high billing - and, therefore, commonality requirements are satisfied.
Court: USDC Northern District of Ohio, Judge: Oliver, Filed On: September 29, 2023, Case #: 1:19cv2911, NOS: Housing/Accommodations - Civil Rights, Categories: Government, Water, Class Action
J. Goodwin grants the board defendants' dismissal motion as to the former police chief's federal claims for failure to state a claim. The former chief contends that his termination was in retaliation for his "engaging in protected speech addressing a matter of public concern," but he fails to establish his claims under Section 1983. Specifically, his communications were made pursuant to his official duties. The court also declines to exercise jurisdiction over his state law claims.
Court: USDC Western District of Oklahoma , Judge: Goodwin, Filed On: September 29, 2023, Case #: 5:22cv773, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Employment, Jurisdiction
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J. Houston awards the civilian $5.8 million in attorney fees following a favorable jury verdict for excessive force claims against San Diego County in which the civilian was awarded $800,000 for past non-economic loss and $4.2 million for future non-economic loss. Although the civilian requested $9.3 million in attorney fees, he fails to show that a 2.0 multiplier is justified. A 1.3 multiplier is more appropriate in this case. Also, too many hours were billed for "trial preparation" without adequate documentation to support them.
Court: USDC Southern District of California, Judge: Houston, Filed On: September 29, 2023, Case #: 3:15cv1985, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Attorney Fees, Police Misconduct
J. Torresen denies in part a town’s motion to dismiss a town resident's lawsuit against it for allegedly violating his First Amendment and Fourteenth Amendment rights. The town claims that the lawsuit violates their Eleventh Amendment protections as state officials but its unclear if the town’s State Trooper is being sued just in his official capacity or in his individual capacity, and if its the latter, then the Eleventh Amendment doesn’t apply.
Court: USDC Maine, Judge: Torresen, Filed On: September 29, 2023, Case #: 1:23cv50, NOS: Other Civil Rights - Civil Rights, Categories: Constitution, Government, First Amendment
J. Underhill denies the military equipment supplier's motion for summary judgment, ruling that while the confidential drawing of a proprietary rod end bearing was disclosed to the supplier by non-party Raytheon, rather than the developer of the rod bearing, it was still covered by the parties' non-disclosure agreement. Furthermore, the drawing contained specific information about the bearing and met particularity requirements to be considered trade secret information.
Court: USDC Connecticut, Judge: Underhill, Filed On: September 29, 2023, Case #: 3:18cv1212, NOS: Other Contract - Contract, Categories: Trade Secrets, Contract
J. Stadtmueller partially grants a motion to dismiss from the school district, high school and former school board members in a lawsuit from two former high school students who in the 1980s were sexually abused by a math teacher about whom allegations of such abuse were known among students and faculty. The former students' federal claims alleging 14th Amendment due process and equal protection violations, negligent hiring, training and supervision and civil conspiracy are dismissed with prejudice, in part because they fail to prove municipal policymakers were "constructively aware" of a widespread pattern of abuse such that they are liable for deliberate indifference which created a risk of abuse. Individual and supervisory liability claims against the former board members also fail, as evidence of their actions upon learning of the abuse in 1983 show they did not facilitate or ignore it. Jurisdiction is not exercised over the former students' 11 remaining state-law claims, which are dismissed without prejudice.
Court: USDC Eastern District of Wisconsin, Judge: Stadtmueller, Filed On: September 29, 2023, Case #: 2:22cv819, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Constitution, Equal Protection
J. Lucci finds the prosecutor's leading questions to several witnesses about whether they were afraid of defendant during a robbery did not prejudice the jury against him or deprive him of a fair trial, given the overwhelming evidence of his guilt. Furthermore, the trial court properly denied defendant's motion for a mistrial after the jury saw him in handcuffs outside the courtroom because the interaction was brief and the court gave a limiting instruction afterwards. Affirmed.
Court: Ohio Court Of Appeals, Judge: Lucci, Filed On: September 29, 2023, Case #: 2023-Ohio-3533, Categories: Fair Trial, Prosecutorial Misconduct, Robbery
J. Doughty denies summary judgment to a Kentucky-based air conditioning contractor, finding a petroleum products company in southwest Louisiana has “submitted evidence of contradictory facts,” regarding the contractor’s claim for the unpaid amount of $131,778 from construction of industrial cooling towers built at a total cost exceeding $3.8 million dollars. The contractor’s additional claims for bad-faith attorney fees cannot be resolved because summary judgment for its breach of contract claim will be denied.
Court: USDC Western District of Louisiana , Judge: Cain, Filed On: September 29, 2023, Case #: 2:21cv3708, NOS: Other Contract - Contract, Categories: Construction, Attorney Fees, Contract
[Consolidated.] J. Zmuda finds that while defendant did not contribute financially to the victims of his domestic violence offense, his sexual relationship with one of them and the fact he spent long periods of time at their home was sufficient to prove cohabitation and allowed the trial court to convict him. Meanwhile, although the injuries sustained by the victim were not overly serious, the trial court properly imposed consecutive sentences because defendant showed no remorse for his actions and has a lengthy criminal history that includes at least 18 years in prison. Affirmed.
Court: Ohio Court Of Appeals, Judge: Zmuda, Filed On: September 29, 2023, Case #: 2023-Ohio-3537, Categories: Evidence, Sentencing, Domestic Violence
Per curiam, the Florida Appeals Court grants a doctor’s writ of certiorari to quash the trial court’s order insofar to disclose privileged information and answer interrogators’ questions. “Dr. Regala cannot testify as to any knowledge he gained solely from the credentialing process, but he can testify concerning matters he had knowledge of independent of the credentialing process.”
Court: Florida Courts Of Appeal, Judge: Per curiam, Filed On: September 29, 2023, Case #: 6D23-592, Categories: Discovery, Medical Malpractice
J. Navarro denies the insurance company’s motion for summary judgment in this suit arising from its failure to indemnify the successor in interest for the title company which served as the escrow agent for construction loans attached to a deed which the borrower never reconveyed due to the title company’s clerical error. The successor in interest has raised a dispute of material fact. Certain exhibits demonstrate that the insurance company had acted in bad faith by not engaging in settlement offers over a period of years.
Court: USDC Nevada, Judge: Navarro, Filed On: September 29, 2023, Case #: 2:18cv1823, NOS: Insurance - Contract, Categories: Evidence, Insurance, Banking / Lending
J. Marbley grants the capital investment firm's motion to dismiss, ruling that while it was the main financer of the startup loan company, there is no evidence it counseled executives on what financial disclosures to make before the startup's stock price plummeted; therefore, it cannot be held liable for any securities violations. Meanwhile, statements made by the startup company about the efficacy and advantages given by its proprietary AI model are objectively verifiable through metrics put forth by the class of investors in its complaint; therefore, the securities claims related to those misstatements will not be dismissed.
Court: USDC Southern District of Ohio, Judge: Marbley, Filed On: September 29, 2023, Case #: 2:22cv2935, NOS: Securities/Commodities/Exchange - Other Suits, Categories: Fraud, Securities, Class Action
J. Lewis finds the trial court did not violate the injured driver's right to a fair and impartial jury when it allowed two individuals insured by the same company named as a defendant in the suit to remain on the jury. They not only agreed to remain unbiased, but there was no evidence they had any type of business relationship with the company or that their insurance premiums would increase as a result of a verdict either way. Meanwhile, the jury's award of economic damages to the injured driver must be reversed because no medical bills were submitted as evidence during trial, but were only mentioned by the driver's attorney during closing arguments. Therefore, the case must be remanded for a new trial on damages. Reversed in part.
Court: Ohio Court Of Appeals, Judge: Lewis, Filed On: September 29, 2023, Case #: 2023-Ohio-3507, Categories: Jury, Damages, Negligence
J. Lin prohibits the custom broker's expert from offering opinions about the credibility or culpability of lay witnesses regarding the shipping company's complaint that the customs broker's incorrect information to the Food and Drug Administration caused the U.S. Customs and Border Protection to destroy four containers of the shipping company's alcohol wipes shipment. The expert can cure the form of her report so that it does not call into question the credibility of lay witnesses, as without that correction her testimony could improperly persuade the view of the jury.
Court: USDC Western District of Washington, Judge: Lin, Filed On: September 29, 2023, Case #: 2:21cv1015, NOS: Other Contract - Contract, Categories: Experts, Discovery, Contract
J. Walker finds that the lower court properly dismissed the debtor's due process claims stemming from the lender's service of process in its attempt to collect on a debt. The debtor participated in this litigation for years without raising any objections to jurisdiction, indicating he waived his objections.
Court: Illinois Appellate Court, Judge: Walker, Filed On: September 29, 2023, Case #: 220067, Categories: Debt Collection, Due Process