173 results for 'filedAt:"2023-12-06"'.
Per curiam, the circuit finds the trial court properly denied qualified immunity to the deputy in a civil rights case. The decedent died of a heart attack while detained in the back of a patrol car. The decedent was not suspected of any crime, posed no threat to anyone's safety and made no attempt to resist arrest. A deputy seized him under the mistaken assumption he was videotaping the officers. There was no evidence the deputy's actions were compelled by necessity and exigency. Affirmed.
Court: 5th Circuit, Judge: Per curiam, Filed On: December 6, 2023, Case #: 23-30253, Categories: Civil Rights, Wrongful Death, Police Misconduct
J. Wright denies the Arizona company's motions for judgment as a matter of law, for a new trial and to alter or amend judgment in its patent suit against its Minnesota competitor, along with the competitor's motion for attorney fees. A jury's finding that the Arizona company did not prove infringement by a preponderance of the evidence and that its patent claims were invalid was reasonable and supported by substantial evidence. The company also has not established that allegedly improper arguments changed the result of the trial, and while new non-infringement arguments introduced by the Minnesota competitor at trial should have been disclosed earlier, the Arizona company has not shown that they impacted the result enough to warrant a new trial. It also has not shown that jury instructions and evidentiary rulings were prejudicially erroneous. Claim construction disputes were resolved before trial and cannot justify a new trial. The Minnesota competitor, however, is not entitled to attorney fees since the Arizona company's case was not so weak, nor its litigation conduct so poor, as to warrant an attorney fees award, and "the relative resources available to each party weigh against rewarding Defendants for potentially overwhelming CellTrust in litigation."
Court: USDC Minnesota, Judge: Wright, Filed On: December 6, 2023, Case #: 0:19cv2855, NOS: Patent - Property Rights, Categories: Jury, Patent, Attorney Fees
J. Barrett finds the circuit court improperly granted summary judgment in favor of the surgeons in a medical malpractice case. The patient died during a kidney removal due to an injury to his abdominal aorta. Though the surgeons say their actions never fell below the standard of care, the record contains no description of how the injury occurred or what caused it and, therefore, material questions of fact remain. Reversed.
Court: Arkansas Court Of Appeals, Judge: Barrett , Filed On: December 6, 2023, Case #: CV-22-94, Categories: Wrongful Death, Medical Malpractice
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J. Harrison finds the trial court properly convicted defendant for sexual indecency with a child. The parents of the 14-year-old discovered he had been having sex with an 18-year-old in her car. Although having intercourse with the 14-year-old was not illegal under state law, it was illegal for her to expose her vagina for sexual purposes to a minor younger than 15 years old. Affirmed.
Court: Arkansas Court Of Appeals, Judge: Harrison , Filed On: December 6, 2023, Case #: CR-23-125, Categories: Evidence, Sex Offender, Child Victims
[Consolidated] J. Johnson finds the trial court properly convicted defendant for possession with intent to deliver a controlled substance and unlawful possession of a firearm by a felon based on sufficient evidence. The arresting officer had reasonable suspicion to conduct a search the vehicle defendant was driving as defendant was not the registered owner, was behaving nervously and the car's registration was not current. The officer discovered various drugs, as well as a shotgun in the vehicle. Affirmed.
Court: Texas Courts of Appeals, Judge: Johnson , Filed On: December 6, 2023, Case #: 09-22-00145-CR, Categories: Drug Offender, Evidence, Search
J. Nordby finds that the trial court properly convicted defendant of sexual battery on a child under the age of 12 because admitting testimony from a friend who had convinced the victim to tell her mother about the abuse was not prejudicial and did not constitute fundamental error. Defendant contends the victim's friend testified that child molestation constituted "normalized behavior" in men such as defendant, but defendant failed to point to "improper bias" contained in the testimony, and the friend neither mentioned "child molestation" nor referred to defendant by name upon mentioning "normalized behavior." Meanwhile, stronger evidence had been presented when the victim directly testified about the abuse that occurred when she was 7 years old. Affirmed.
Court: Florida Courts Of Appeal, Judge: Nordby, Filed On: December 6, 2023, Case #: 1D2022-2485, Categories: Evidence, Sex Offender
J. Pryor finds that the district court properly partially blocked enforcement of a non-compete covenant in an action brought by an ex-employee against his former employer, the auto service company. The district court correctly found that the covenant's geographic restriction preventing the employee from competing within a five-mile radius surrounding more than 1,100 franchised locations was unreasonable under the Georgia Restrictive Covenants Act. However, the district court incorrectly applied the five-year rebuttable presumption of reasonableness rather than the two-year presumption in finding that the covenant's four-year duration was unreasonable under the Act. Affirmed in part.
Court: 11th Circuit, Judge: Pryor, Filed On: December 6, 2023, Case #: 22-10611, Categories: Employment, Contract
J. Lynch finds that defendant was properly convicted of possessing child pornography because the appeal concerns issues not previously argued. However, the arguments may have affected the proceedings in light of "serious concerns" caused by rules imposed during the pandemic in which the public was excluded from portions of jury selection, as well as allegations that investigators used tactics to induce inculpatory statements. Affirmed.
Court: 2nd Circuit, Judge: Lynch, Filed On: December 6, 2023, Case #: 22-826-cr, Categories: Fair Trial, Jury, Miranda
J. Shorr finds the trial court erred in dismissing a subcontractor's lien foreclosure claim because the construction work invoices were due and the contractor failed to pay. “Defendant’s check was improperly conditioned on plaintiff’s potential release of a construction lien for plaintiff’s work on defendant’s property for which plaintiff had not yet been paid.” Reversed.
Court: Oregon Court of Appeals, Judge: Shorr, Filed On: December 6, 2023, Case #: A176707, Categories: Contract
J. Huffaker finds that the district court properly dismissed the restaurants' claim for violations of the Florida Deceptive and Unfair Trade Practices Act in a class action alleging that the distributor regularly delivered underweight boxes of poultry products. The claim arising from the distributor's allegedly misleading weight labels is preempted by the Poultry Products Inspection Act. The restaurants failed to plausibly allege that the packages were underweight by federal standards. However, the district court incorrectly dismissed the restaurants' breach of contract claim to the extent that they allege they did not receive the amount of poultry products for which they paid. The restaurants' attempt to enforce their voluntary agreement with the distributor regarding pricing and weight of packages is not dependent on federal labeling or packaging standards. Reversed in part.
Court: 11th Circuit, Judge: Huffaker, Filed On: December 6, 2023, Case #: 22-11330, Categories: Class Action
J. Pagan finds the trial court properly sentenced defendant to 90 months in prison for first-degree robbery. Although other circumstances “lessen the seriousness of defendant’s offense, it was sufficiently grave such that we cannot conclude that the legislatively prescribed sentence for the offense contravenes” the Constitution. Affirmed.
Court: Oregon Court of Appeals, Judge: Pagan, Filed On: December 6, 2023, Case #: A176879, Categories: Robbery, Sentencing, Due Process
J. King dismisses the freight forwarding service's lawsuit accusing its former employee of fraudulently submitting invoices for services rendered to the freight forwarding service's Mexican branch by a company in which the former employee holds shares. The freight forwarding service exceeded the scope of its leave to amend its complaint by adding new claims for contract and quasi-contract while reusing old and uncompelling facts from its previous amendments.
Court: USDC Western District of Washington, Judge: King, Filed On: December 6, 2023, Case #: 2:20cv349, NOS: Other Contract - Contract, Categories: Fraud, Contract
J. Africk denies an early request by the Louisiana Special School District to dismiss a self-represented black woman's race- and gender-based hostile workplace claims by its fired director of accountability, adding the district may prevail at a later stage of the litigation. Her complaint alleges her boss, the district superintendent, made derogatory comments about her hair, eyelashes and masculine demeanor, and that he told her to stop talking about her purported discovery that some employees were unqualified for their jobs because he was "not going to get rid of any white folks.”
Court: USDC Eastern District of Louisiana , Judge: Africk, Filed On: December 6, 2023, Case #: 2:23cv3083, NOS: Employment - Civil Rights, Categories: Employment Discrimination, Employment Retaliation
J. Hansen finds that the appeal from the decision to set aside a forfeiture judgment after police discovered over $41,000 in cash stashed inside a safe should be dismissed because the state failed to offer evidence clearly indicating the money was related to dealing marijuana rather than tips defendant made as a server at a restaurant. Affirmed.
Court: Iowa Court Of Appeals, Judge: Tabor, Filed On: December 6, 2023, Case #: 22-2066, Categories: Drug Offender, Forfeiture
J. Griggsby grants, in part, the police department, a major and several officers’ motion to dismiss and summary judgment in claims brought after a suspect crashed with a driver and passenger during a high-speed chase. The driver died and the passenger was seriously injured, the negligence in the chase fell on the police department, a major and the officers. In the amended complaint, the unrebutted evidence fails to show that driver and passenger’s harm was caused by the officers or related to poor training by the department. The amended complaint is dismissed.
Court: USDC Maryland, Judge: Griggsby, Filed On: December 6, 2023, Case #: 1:21cv969, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Negligence, Wrongful Death
J. Greer finds that defendant was properly convicted of arson and criminal mischief after he destroyed a TV and shelving in his paramour's home and set fire it on fire with lighter fluid because defendant admitted he was the culprit to police. Affirmed.
Court: Iowa Court Of Appeals, Judge: Greer, Filed On: December 6, 2023, Case #: 22-1961, Categories: Evidence, Arson
J. Pagan finds the Workers’ Compensation Board (board) properly construed and applied the so-called “firefighter’s presumption” when it reversed an employer’s denial of an employee's occupational disease claim. “The board’s representation of [expert] opinion is reasonable and supported by substantial evidence.” Affirmed.
Court: Oregon Court of Appeals, Judge: Pagan, Filed On: December 6, 2023, Case #: A177671, Categories: Employment, Workers' Compensation
J. Bumb allows plaintiff to continue certain claims contending a company reduced hours worked by a security guard, transferred him, and demoted him after the guard, a Palestinian and practicing Muslim, complained of religious and racial animus by a supervisor. The guard did not adequately allege he had been fired merely for being offered fewer hours, but the guard established discrimination and hostile work environment claims based on the supervisor's comments that he hated Muslims and people from the Middle East.
Court: USDC New Jersey, Judge: Bumb , Filed On: December 6, 2023, Case #: 1:23cv1462, NOS: Employment - Civil Rights, Categories: Employment, Employment Discrimination, Employment Retaliation