96 results for 'filedAt:"2023-10-30"'.
J. Birk finds that the lower court improperly convicted defendant for indecent liberties based on a charge he had sexual contact with a woman who was incapable of giving consent. There were too many elements during the proceedings that injected prejudice against defendant, such as the lower court's move to admit evidence that defendant made prior advances on the woman and refused to exclude inconsistent statements made by a government witness. Reversed.
Court: Washington Court Of Appeals, Judge: Birk, Filed On: October 30, 2023, Case #: 83386-3-I, Categories: Evidence, Sex Offender
J. Stadtmueller gives the citizen until November 29, 2023, to file an amended complaint in her pro se lawsuit claiming the county and county officials falsely imprisoned her and denied her a fair trial, as her current pleading fails to bring clear factual allegations and give the county fair notice, in addition to other problems. If she does not file her complaint by the deadline, her lawsuit will be dismissed.
Court: USDC Eastern District of Wisconsin, Judge: Stadtmueller, Filed On: October 30, 2023, Case #: 2:23cv1338, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Constitution
J. Cadish finds the trial court properly convicted defendant for voluntary manslaughter with a deadly weapon. After the fatal shooting and because defendant was brought into custody after fleeing the jurisdiction, the state pursued a murder charge. Defendant argued self-defense in a trial with many witnesses called. The jury deadlocked and an alternate replaced a seated juror before the manslaughter verdict was reached. The court did not abuse its discretion by admitting a rebuttal witness because the content of the testimony was not withheld. The court also applied appropriate tests in determining a prior conviction for attempted robbery was admissible for credibility impeachment. Affirmed.
Court: Nevada Supreme Court, Judge: Cadish, Filed On: October 30, 2023, Case #: 83456, Categories: Evidence, Self Defense, Manslaughter
J. Cadish finds the district court properly denied the petition for judicial review contesting the county planning commission’s approval of the property owner's petition that the county abandon a portion of a road adjacent to his property that encroached into a cul-de-sac. Though other property owners say that delivery and emergency vehicles would be hindered by the abandonment, evidence that the road’s width will not be changed supports the approval of the abandonment and the county’s affirmation of the approval. The court did not abuse its discretion in striking filings as it has inherent authority to do so. Any existing easements can be easily relocated and all opportunity for hearing has been given. Affirmed.
Court: Nevada Supreme Court, Judge: Cadish, Filed On: October 30, 2023, Case #: 84611, Categories: Municipal Law, Property, Due Process
Want access to unlimited case records and advanced research tools? Create your free CasePortal account now. No credit card required to register.
Try CasePortal for Free
J. Robinson denies a class of private foundation members' motion to remand contract claims against an energy company to state court concerning underpayment of natural gas royalties. The energy company sufficiently showed in court that the state court lacks subject matter jurisdiction based on the number of class participants and the controversy sum, which is upwards of $5 million.
Court: USDC Kansas, Judge: Robinson, Filed On: October 30, 2023, Case #: 6:23cv1097, NOS: Other Contract - Contract, Categories: Jurisdiction, Class Action, Contract
J. Stabile finds the lower court properly transferred this personal injury case, revolving around the amputation of a cement worker’s right hand by a cement mixing machine, from Philadelphia County to Butler County. The trial court did not abuse its discretion in granting the transfer since several defendants are based in Butler County. Affirmed.
Court: Pennsylvania Superior Court, Judge: Stabile, Filed On: October 30, 2023, Case #: J-A19019-23, Categories: Tort, Damages, Venue
J. Carluzzo finds for the commissioner of internal revenue in this tax liability dispute because the taxpayers failed to demonstrate how the deducted expenses related to his employment.
Court: U.S. Tax Court, Judge: Carluzzo, Filed On: October 30, 2023, Case #: 2023-31, Categories: Tax
J. Tostrud partially dismisses the abortion opponents' challenge to a city ordinance prohibiting them from physically disrupting access to reproductive healthcare facilities, which they argue unfairly targets their "sidewalk counseling" activities on the basis of religion and violates their freedoms of speech and association. Claims arguing that the ordinance violates freedom of association and is void for vagueness are dismissed, but claims arguing that the ordinance is overbroad and violates the freedoms of speech and religion survive. Fact questions remain as to whether the ordinance is narrowly tailored and whether it is prohibits conduct because of its religious purposes.
Court: USDC Minnesota, Judge: Tostrud, Filed On: October 30, 2023, Case #: 0:23cv853, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, First Amendment
J. Starrett dismisses a defamation lawsuit brought by former NFL quarterback Brett Favre against ex-NFL tight end and current talk show host Shannon Sharpe related to comments he made regarding Favre's alleged involvement in a welfare fraud case. Sharpe's comments "are constitutionally protected rhetorical hyperbole using loose, figurative language." Sharpe's comments about Favre stealing from people who really needed the money "were made against the backdrop of longstanding media coverage of Favre's role in the welfare scandal," and no reasonable listener "would think that Favre actually went into the homes of poor people and took their money."
Court: USDC Southern District of Mississippi , Judge: Starrett, Filed On: October 30, 2023, Case #: 2:23cv42, NOS: Assault, Libel, & Slander - Torts - Personal Injury, Categories: Defamation
J. Holcomb grants various gun rights groups' motion for preliminary injunction regarding two new statutes that ban gun shows at the Orange County Fairgrounds. The groups allege that the statutes infringe on their First and Second Amendment rights. The groups have shown that, since firearm transfers cannot occur at gun shows in California, as gun buyers can only pick up their purchases at another location following a 10-day waiting period and background check, the statute prohibits free speech by preventing sellers from informing buyers about their products. The groups will likely succeed on the merits of their complaints.
Court: USDC Central District of California, Judge: Holcomb, Filed On: October 30, 2023, Case #: 8:22cv1518, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights
J. Kendall grants a consulting firm and its president’s motion to dismiss in this employment contract lawsuit brought by a former regional sales leader. The unjust enrichment, Illinois Wage Payment and Collection Act violation and retaliation claims are dismissed with prejudice because he fails to allege a contract or employment agreement. Therefore, those claims could not survive a third motion to dismiss. The breach of contract and fraudulent misrepresentation are new claims to be dismissed without prejudice, therefore these claims can be amended by a second complaint by Nov. 20, 2023.
Court: USDC Northern District of Illinois, Judge: Kendall, Filed On: October 30, 2023, Case #: 1:22cv6988, NOS: Employment - Civil Rights, Categories: Employment, Contract, Employment Retaliation
J. Yegan finds the county court properly denied defendant’s second petition for resentencing. Defendant was convicted for murder and conspiracy to commit murder, with both convictions involving the same victim. The conspiracy conviction shows that, as a matter of law, the target offense is murder. This holding is the law of the case, conclusively establishing that defendant is not entitled to resentencing. Affirmed.
Court: California Courts Of Appeal, Judge: Yegan, Filed On: October 30, 2023, Case #: B324567, Categories: Murder, Sentencing, Conspiracy
J. Hall upholds the magistrate judge's order and denies the individual's motion for recusal as to all judges of the southern and middle districts of Georgia, including the instant judge. The individual failed to provide a sufficient basis for the judge's recusal. The individual's allegations that the judge is biased against him based on his race and that the judge colluded with federal judges and officers to help opposing parties in the individual's cases by ruling against him are conclusory and unsupported in fact. The individual's motion for reconsideration of an order reassigning the case to the instant court is also denied.
Court: USDC Southern District of Georgia, Judge: Hall, Filed On: October 30, 2023, Case #: 1:20cv176, NOS: Other Civil Rights - Civil Rights, Categories: Civil Procedure
J. Holmes denies the two motions for a more definite statement in this malicious prosecution lawsuit brought by a professional hunter and his wife. The state defendants argue that the allegations in the complaint are "confusing, rambling, and vague." However, discovery and dismissal are the "more appropriate tools" for addressing the allegedly "inartful drafting."
Court: USDC Middle District of Tennessee , Judge: Holmes, Filed On: October 30, 2023, Case #: 3:23cv1028, NOS: Other Civil Rights - Civil Rights, Categories: Civil Procedure, Malicious Prosecution
J. Bunn affirms the lower court's order sentencing the Mercer County defendant to an indeterminate term of 10-25 years in prison after pleading guilty to sexually assaulting his then-11-year-old half-sister in 2019 while he was still 17-years old. Since defendant's attorney did not address it at any of the dispositional hearings prior to sentencing and defendant failed to complete a sex offender program to determine his fitness for supervised probation, the trial judge committed no error by failing to discuss mitigating circumstances in the statute before imposing the sentence. Affirmed.
Court: West Virginia Supreme Court Of Appeals, Judge: Bunn, Filed On: October 30, 2023, Case #: 21-0904, Categories: Sentencing, Sex Offender
J. Wang grants an insurer dismissal of premises liability claims arising from a 15-woman altercation that occurred in a bar parking lot because commercial general liability coverage excluded claims based on assault or battery injuries.
Court: USDC Colorado, Judge: Wang, Filed On: October 30, 2023, Case #: 1:23cv612, NOS: Insurance - Contract, Categories: Insurance
J. Lorello finds that the lower court properly terminated the mother's parental rights to her children. The evidence clearly shows that the mother abandoned and neglected her child, and the state made active efforts to avoid breakup of the Indian family. Affirmed.
Court: Idaho Court Of Appeals, Judge: Lorello, Filed On: October 30, 2023, Case #: 50905, Categories: Family Law, Native Americans
J. Williamowksi finds the trial court was not required to sua sponte conduct a competency hearing prior to defendant's trial on assault charge. His comments about the unfairness of the judicial system and his refusal to accept court-appointed counsel did not raise any questions about his competence but merely demonstrated his frustration at the legal system. Meanwhile, the court properly allowed defendant to waive his right to counsel and represent himself because it conducted several hearings before it granted his motion, during which it clearly explained all of the dangers of self-representation and made completely sure defendant was willing to proceed without an attorney. Affirmed.
Court: Ohio Court Of Appeals, Judge: Williamowski, Filed On: October 30, 2023, Case #: 2023-Ohio-3936, Categories: Competence, Assault, Self Representation
J. Donio certifies class claims contending a company failed to pay current and former assistant store managers overtime after misclassifying them as exempt because the complaint demonstrates the mangers performed similar duties, many the same as non-exempt employees. However, the proposed form of notice omits key information about employees who chose to opt into the complaint, and the "consent to join form" is inconsistent with the proposed notice.
Court: USDC New Jersey, Judge: Donio , Filed On: October 30, 2023, Case #: 1:22cv608, NOS: Fair Labor Standards Act - Labor, Categories: Civil Procedure, Employment, Class Action
J. Carney grants the Securities and Exchange Commission a preliminary injunction, including court-ordered preservation of evidence and an asset freeze, for its lawsuit alleging that the sham investment institution and others engaged in an ongoing Ponzi-like scheme that raised over $2.2 million from about 168 investors. The injunction is appropriate because the sham investment institution and others are likely to repeat their violations due to their persistent fraudulent conduct months after they received the SEC's cease-and-desist letter.
Court: USDC Central District of California, Judge: Carney, Filed On: October 30, 2023, Case #: 8:23cv1807, NOS: Securities/Commodities/Exchange - Other Suits, Categories: Securities, Injunction