97 results for 'filedAt:"2023-12-04"'.
J. Johnson partially affirms the defendant's criminal sexual conduct convictions and sentence. The defendant's guilty please are not invalidated by an unfulfilled promise of concurrent, rather than consecutive, stayed prison sentences, but he retains a right to post-conviction relief and to develop a factual record regarding the terms of his plea agreement. The consecutive stayed prison terms are not authorized by state law in this case, however, and so this case is remanded for resentencing. Affirmed in part.
Court: Minnesota Court Of Appeals, Judge: Johnson, Filed On: December 4, 2023, Case #: A23-0134, Categories: Sentencing, Sex Offender
J. Cadish finds the district court properly awarded the parents joint custody of their children in a divorce case. Both parents were found to have meaningful relationships with the children and the mother's allegations of domestic violence lacked credibility. The allegations were general and inconsistent, and the evidence was unverified or inconclusive. Various debts and property were correctly divided, though the court improperly awarded the father fees on the mother's dismissed motion for reconsideration, as it was not frivolous or harassing. Affirmed in part.
Court: Nevada Supreme Court, Judge: Cadish , Filed On: December 4, 2023, Case #: 84334, Categories: Evidence, Family Law, Property
J. Miller finds that the trial court properly ruled in favor of the construction company in a breach of contract suit over alleged unpaid work. The record supports the finding that the project was "substantially performed." Though, the amount awarded should be reduced by the homeowner's cost to remedy the incomplete and defective work. Affirmed as amended.
Court: Louisiana Court Of Appeal, Judge: Miller, Filed On: December 4, 2023, Case #: 2022CA1241, Categories: Contract
J. Taranto finds that the trial court improperly ruled in patent infringement claims concerning a system combining devices for "a bus that can operate at a variety of frequencies" because the competitor presented legally insufficient evidence of equivalents. Reversed.
Court: Federal Circuit, Judge: Taranto, Filed On: December 4, 2023, Case #: 2022-1906, Categories: Patent
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J. Hughes finds that the court of international trade properly determined the department of commerce was not allowed to make market situation adjustments to the price of producing steel pipes in determining anti-dumping margins. Affirmed.
Court: Federal Circuit, Judge: Hughes, Filed On: December 4, 2023, Case #: 2022-1175, Categories: Commerce, Trade
J. Southwick finds the district court properly denied the state defendant a writ of habeas corpus. Charged with murder and a number of other offenses, defendant claims that retrial after a mistrial was declared is barred because a juror poll showed that 10 would acquit on four of five counts. Certain issues must be reviewed before the circuit could answer whether acquittal was effective on those four counts. Affirmed.
Court: 5th Circuit, Judge: Southwick , Filed On: December 4, 2023, Case #: 22-30310, Categories: Habeas, Jury, Murder
J. Higginson finds the trial court properly convicted defendant for being a felon in possession of a firearm and attempted obstruction of a federal proceeding. The government presented sufficient evidence to support the convictions. However, the judge did not have the authority to order that the sentence run concurrently with a previous revocation sentence, as a retraction of the order resulted in 27 months greater time. Affirmed in part.
Court: 5th Circuit, Judge: Higginson , Filed On: December 4, 2023, Case #: 22-30442, Categories: Firearms, Sentencing, Obstruction
J. Jones finds the trial court properly found in favor of the inland tugboat captain in a negligence action. The tugboat, navigating along the middle of the Mississippi river, collided with an ocean-going ship that diverted from its position due to the effect of the river's current as its crew raised anchor. The tugboat maintained a course necessary to avoid another vessel travelling upstream, and the captain made all necessary radio and signal warnings. However, the trial court instructed the jury to apply the incorrect standard of proof for the claim against the at-fault ship captain. Affirmed in part.
Court: 5th Circuit, Judge: Jones , Filed On: December 4, 2023, Case #: 22-30261, Categories: Admiralty, Damages, Negligence
[Consolidated.] J. Morrison finds that payments made to a trust under the settlement agreement were subject to income tax with an unstated interest of $31 million.
Court: U.S. Tax Court, Judge: Morrison, Filed On: December 4, 2023, Case #: 2023-146, Categories: Tax
J. Rosenstengel denies a crop protection manufacturer's motion to compel compliance with a third- party subpoena. A class of civilians, who suffer from Parkinson's disease due to exposure of herbicide paraquat, sufficiently showed in court that the crop protection manufacturer is not entitled to review documents, and work papers written by a neurologist.
Court: USDC Southern District of Illinois, Judge: Rosenstengel, Filed On: December 4, 2023, Case #: 3:23cv3204, NOS: Personal Injury - Product Liability - Torts - Personal Injury, Categories: Negligence, Experts, Class Action
J. Bloom grants defendant dismissal of claims contending he sexually assaulted another man at a hotel in France because French law applies and France is the proper venue.
Court: USDC Southern District of Florida, Judge: Bloom, Filed On: December 4, 2023, Case #: 0:23cv61039, NOS: Assault, Libel, & Slander - Torts - Personal Injury, Categories: Negligence, Venue, Assault
Per curiam, the Oklahoma Supreme Court grants Jackie Dale Elsie's request to allow him to resign his membership in the bar and relinquish his right to practice law. Elsie admits to driving a motor vehicle while under the influence of alcohol and without valid driver's license. It is his sixth alcohol-related offense since his admission to the Oklahoma Bar Association. He freely and voluntarily rendered his resignation and was fully aware of the consequences.
Court: Oklahoma Supreme Court, Judge: Per curiam, Filed On: December 4, 2023, Case #: SCBD-7582, Categories: Evidence, Attorney Discipline
J. Frank largely dismisses the arrested man's claims against the city, county and law enforcement officers stemming from his misidentification by the county's facial recognition software and subsequent arrest for a robbery in which he was not involved. A county policy prohibited the use of facial recognition software for positive identification, so the city and county cannot be held liable for the officers' alleged breach of that policy. The arrested man has also not identified other incidents to demonstrate that breaches of that policy were customary, nor that the municipalities failed to train law enforcement on the correct use of the software. A civil conspiracy claim and claims under the Minnesota Constitution fail for similar reasons, but a false arrest tort claim survives, since fact issues remain as to who determined that the arrested man was involved in the robbery, and therefore the county cannot claim vicarious immunity at this time.
Court: USDC Minnesota, Judge: Frank, Filed On: December 4, 2023, Case #: 0:23cv1984, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Technology
J. Thurston denies, in part, a county and others’ motion to dismiss a former chief deputy’s First Amendment and wrongful termination claims arising from his termination after failing to be elected as sheriff. He has sufficiently alleged his claims and they were timely filed.
Court: USDC Eastern District of California, Judge: Thurston, Filed On: December 4, 2023, Case #: 1:20cv321, NOS: Employment - Civil Rights, Categories: Employment, Employment Discrimination, First Amendment
J. Polster grants the employer's motion to dismiss and compel arbitration, ruling the employment agreements signed by loan officers require all matters of employment, including Fair Labor Standards Act claims, be decided by an arbitrator. Furthermore, the employer's decision to file state court suits against loan officers for recoupment of sign-on bonuses did not constitute a waiver because the bonuses were governed by separate agreements.
Court: USDC Northern District of Ohio, Judge: Polster, Filed On: December 4, 2023, Case #: 1:23cv285, NOS: Fair Labor Standards Act - Labor, Categories: Arbitration, Employment, Labor
J. Collins finds that the district court properly denied defendant's second federal habeas corpus petition seeking to set aside his Idaho conviction for the 1984 shooting death of his ex-wife. New materials, viewed in light of the evidence as a whole, did not suffice to make a required showing of actual innocence. Affirmed.
Court: 9th Circuit, Judge: Collins, Filed On: December 4, 2023, Case #: 20-35875, Categories: Evidence, Habeas, Murder
Per curiam, the circuit finds that the district court properly dismissed privacy claims contending Dollar Tree revealed its employee had been the victim of a sex crime. The company could neither be held liable under state law, which applies only to actions taken by public officers and employees, nor under federal law, since the retailer was not a "state actor." Meanwhile, New York does not recognize a cause of action for invasion of privacy. Affirmed.
Court: 2nd Circuit, Judge: Per curiam, Filed On: December 4, 2023, Case #: 22-2997-cv, Categories: Civil Rights, Employment, Privacy
J. Barnes finds that the trial court improperly denied the chiropractors' motion to dismiss a medical malpractice action brought by the couple arising from permanent spinal cord injuries the wife suffered after receiving chiropractic adjustments to her spine. A professional negligence action alleging that a chiropractor breached the standard of care is subject to the five-year statute of repose applicable to medical malpractice actions. Since chiropractors are authorized to give patients health treatments and care, an action alleging professional negligence against a chiropractor meets the statutory definition of an action for medical malpractice. The couple's renewal action is therefore time-barred. Reversed.
Court: Georgia Court of Appeals, Judge: Barnes, Filed On: December 4, 2023, Case #: A23A1225, Categories: Medical Malpractice
J. Miller finds the trial court did not preclude defendant from presenting a full defense when it denied his motion to allow certain witnesses to testify about the victim's violent behavior. Defendant testified about prior assaults and verbal confrontations when he took the stand; therefore, any additional testimony would have been duplicative. Meanwhile, the trial court properly denied defendant's request for expert witness funds because he failed to provide parameters for the scope of the expert's testimony or show a particularized need for such evidence. Affirmed.
Court: Ohio Court Of Appeals, Judge: Miller, Filed On: December 4, 2023, Case #: 2023-Ohio-4360, Categories: Evidence, Murder, Experts
J. Mercier finds that the trial court improperly granted defendant's motion to suppress evidence of other acts related to defendant's alleged sexual assault of four prior victims. Defendant has been indicted for rape, sexual battery, false imprisonment and other offenses. The victims all say defendant sexually assaulted them while performing spiritual cleansing rituals. The prior alleged acts are very similar to the current alleged crime, occurred close in time to the charged offense and are necessary to show the victim's lack of consent. Reversed.
Court: Georgia Court of Appeals, Judge: Mercier, Filed On: December 4, 2023, Case #: A23A1737, Categories: Evidence, Sex Offender
J. Vance denies a request by an insurance company to dismiss hurricane damage claims by an antique shop in the historic French Quarter of New Orleans. Because the insurers have not explained why dismissal, rather than a stay, is warranted, the court declines to dismiss the case pending arbitration.
Court: USDC Eastern District of Louisiana , Judge: Vance, Filed On: December 4, 2023, Case #: 2:23cv4343, NOS: Insurance - Contract, Categories: Arbitration, Insurance
J. Chun dismisses without prejudice the shareholders' consolidated amended complaint accusing Amazon and six of its corporate executives of not telling them that Amazon's sales figures were not sustainable. The shareholders do not present any direct evidence about the corporate executives' states of mind nor do they present substantial circumstantial evidence to prove that the corporate executives did what is alleged in the shareholders' complaint.
Court: USDC Western District of Washington, Judge: Chun, Filed On: December 4, 2023, Case #: 2:22cv617, NOS: Stockholders’ Suits - Contract, Categories: Securities
J. Wray finds that defendant's double jeopardy rights were violated when he was convicted of both aggravated assault and false imprisonment. The state used the same evidence to convict him of both crimes, which were based on a single course of conduct that involved holding the victims at gunpoint to wait for another individual to return to the home. Therefore, three of defendant's convictions must be vacated and the case must be remanded for resentencing. Reversed in part.
Court: New Mexico Court of Appeals, Judge: Wray, Filed On: December 4, 2023, Case #: A-1-CA-40597, Categories: Sentencing, Assault, Double Jeopardy
J. Miller finds that even though defendant presented expert testimony the driver of the motorcycle was going well over the speed limit at the time she struck him in an intersection, her conviction for vehicular manslaughter was not against the weight of the evidence. The prosecution rebutted the evidence with several of its own witnesses who testified the motorcycle was traveling under the 35 miles-per-hour limit. Meanwhile, the trial court's questioning of defendant's expert witness cannot be considered "casting doubt" on the witness's credibility because nearly all of the questions were used to clarify testimony; therefore, the questioning did not deprive defendant of a fair trial. Affirmed.
Court: Ohio Court Of Appeals, Judge: Miller, Filed On: December 4, 2023, Case #: 2023-Ohio-4361, Categories: Evidence, Fair Trial, Vehicular Homicide