123 results for 'filedAt:"2023-12-08"'.
J. Conley finds partially in favor of Hyundai and Genesis in a lawsuit from a car dealer claiming they breached the parties' contract by essentially forcing the dealer to close its Genesis dealership on the eve of a sale its Genesis and Hyundai dealerships to a third party, ultimately costing the dealer $2 million in the sale. Summary judgment is granted to Genesis on all the claims against it because the dealer has failed to allege that it is liable for Hyundai's conduct, denied to Hyundai on all claims against it except a state-law claim regarding the timing of the notice given to the dealer regarding changes to their agreement and another state-law claim for intentional interference with contract, and denied to the dealer entirely. Genesis is dismissed as a defendant, and the remaining claims and parties will proceed to trial on January 22, 2024.
Court: USDC Western District of Wisconsin, Judge: Conley, Filed On: December 8, 2023, Case #: 3:22cv322, NOS: Other Contract - Contract, Categories: Tort, Contract
J. Alvord finds the lower court properly ordered the father to make lump sum payments for the daughter's high school and college educations. He failed to rebut the mother's evidence of the daughter's disability, which was proven through medical and expense records. Additionally, no previous court orders in the couple's custody case dealt with the issue of the daughter's disability and, therefore, the issue was not barred by res judicata. Affirmed.
Court: Connecticut Court Of Appeals, Judge: Alvord, Filed On: December 8, 2023, Case #: AC45506, Categories: Family Law, Damages
J. Bolden denies, in part, the zoning commissioners' motion for summary judgment, ruling that although the landowner released claims against them in previous lawsuits, the commissioners' retaliation in the form of preventing development of a Costco store had not occurred at the time of those suits, which allows the landowner's First Amendment claim to proceed. However, the comparison evidence provided by the landowner - which included only one other property - is insufficient to support its Equal Protection claim regarding the Inlands and Wetlands application process, and that portion of the complaint must be dismissed.
Court: USDC Connecticut, Judge: Bolden, Filed On: December 8, 2023, Case #: 3:19cv371, NOS: Other Civil Rights - Civil Rights, Categories: Property, Equal Protection, First Amendment
J. Oxley finds that a commercial truck driver was improperly convicted of possession of marijuana because he had been detained longer than necessary while police inspected his truck after a K-9 unit detected the drug in an open-air sniff.
Court: Iowa Supreme Court, Judge: Oxley, Filed On: December 8, 2023, Case #: 21-1133, Categories: Drug Offender, Search
Per curiam, the Louisiana high court suspends attorney J. Antonio Florence from the practice of law for a period of one year and one day. Florence neglected a legal matter, failed to address fee disputes in four matters, made false statements and provided false evidence to the Office of Disciplinary Counsel during an investigation, and was found in contempt of court for challenging a judge's authority during a hearing.
Court: Louisiana Supreme Court, Judge: Per curiam, Filed On: December 8, 2023, Case #: 2023-B-00592, Categories: Contract, Attorney Discipline
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J. Wozniak dismisses this appeal from the appellant’s nolo contendere plea for lack of jurisdiction challenging that the trial court denied a request for a special jury. “A defendant who pleads guilty or nolo contendere may expressly reserve the right to appeal a prior dispositive order of the lower tribunal, identifying with particularity the point of law being reserved.” Dismissed in part.
Court: Florida Courts Of Appeal, Judge: Wozniak, Filed On: December 8, 2023, Case #: 6D23-1288, Categories: Jury, Sentencing
Per curiam, the circuit finds that the district court properly denied firearms and ammunition dealers a preliminary injunction in claims contending customers' right to bear arms were hampered by New York regulations requiring background checks and safety training because the dealers failed to present evidence of harm suffered by customers, and the dealers were not subject to background check or training provisions. Affirmed.
Court: 2nd Circuit, Judge: Per curiam, Filed On: December 8, 2023, Case #: 22-3068-cv, Categories: Constitution, Firearms
J. Yarbrough finds that the lower court properly entered a judgment of eviction in favor of the appellee apartments. Contrary to the tenant's argument on appeal, the evidence sufficiently supports the judgment awarding possession to the landlord. Specifically, the landlord's notice to vacate was effective. Affirmed.
Court: Texas Courts of Appeals, Judge: Yarbrough, Filed On: December 8, 2023, Case #: 07-23-00159-CV, Categories: Landlord Tenant, Real Estate
Per curiam, the Louisiana high court suspends attorney Janeane Gorcyca Abbott from the practice of law for thirty days. In this case, Abbott neglected her client’s legal matter, failed to communicate with her client, and failed to inform her client that she had a potential malpractice claim for which she should seek independent counsel. Abbott also misled her client and made false statements to the Office of Disciplinary Counsel during its investigation.
Court: Louisiana Supreme Court, Judge: Per curiam, Filed On: December 8, 2023, Case #: 2023-B-00852, Categories: Contract, Attorney Discipline
J. Moore finds the Guatemalan immigrant is entitled to partial review of the immigration board's denial of her application for asylum. Although personal animosity alone is insufficient to prevent removal from the U.S., the mother-in-law's threats to kill the immigrant if she ever returned were also based on her status as a Chuj woman - viewed as witches and deemed property of their husbands in Guatemalan culture - and so the board must analyze whether both motives were inextricably intertwined such that it allows for the grant of asylum.
Court: 6th Circuit, Judge: Moore, Filed On: December 8, 2023, Case #: 23-3059, Categories: Evidence, Immigration
J. Bevan finds that a developer has standing due to an assignment of rights to challenge an easement on its property, despite a lack of contractual privity. But the contract between the developer's predecessor and a neighbor was an agreement to agree, not an enforceable contract to relocate a parking lot. Also, the developer waived its challenge to the district court's evidentiary rulings and an order denying equitable estoppel. Affirmed.
Court: Idaho Supreme Court, Judge: Bevan, Filed On: December 8, 2023, Case #: 49679, Categories: Property, Contract
J. Ellis finds that the lower court improperly denied defendant's request for pretrial release after she was charged with her fourth DUI. The court must at least consider the option of SCRAM (Secure Continuous Remote Alcohol Monitor) monitoring in the mix of possible pretrial release conditions before finding defendant too dangerous to release. Vacated.
Court: Illinois Appellate Court, Judge: Ellis, Filed On: December 8, 2023, Case #: 231801B, Categories: Bail, Dui
J. Gregory finds the lower court improperly dismissed the husband's complaint for failure to state a claim. The husband, whose wife killed herself in jail, presented enough evidence that the correctional officer in charge ignored that she had a heightened suicide risk and put her in an isolation cell where she went for long stretches unchecked. Reversed.
Court: 4th Circuit, Judge: Gregory, Filed On: December 8, 2023, Case #: 21-1396, Categories: Civil Rights, Negligence, Prisoners' Rights
J. Zilly denies the trucking company's motion to modify or vacate the consent decree entered on Dec. 8, 2020, regarding the government's complaint accusing the trucking company of violating the Clean Water Act by discharging fill material into wetlands and streams. The trucking company asserts that wetlands separated from other United States waters by man-made dikes or barriers do not count as adjacent wetlands, but the case the trucking company cites recognizes that the CWA prevents a landowner from carving out wetlands from federal jurisdiction using a barrier.
Court: USDC Western District of Washington, Judge: Zilly, Filed On: December 8, 2023, Case #: 2:18cv747, NOS: Environmental Matters - Other Suits, Categories: Environment, Native Americans, Water
J. Griggsby partially grants a contractor’s motion to exclude testimony from two experts retained by a manufacturer as well as its cross-motion to exclude testimony from the contractor’s expert in this contract dispute. A report brought by the manufacturer’s expert will not be struck in full, but part of his opinion included a legal conclusion that will be struck. The manufacturer’s president is directed to produce additional information regarding his opinions. The contractor's construction management expert will not be excluded, but must produce additional information regarding disputed flash cards and logs in order to reopen discovery. The court also grants the manufacturer’s motion for sanctions and an insurer's motions for attorney fees; the contractor must pay a total of $30,410 to the firm and $10,347 to the insurer for expenses incurred during the reopened discovery period.
Court: USDC Maryland, Judge: Griggsby, Filed On: December 8, 2023, Case #: 1:19cv2323, NOS: Other Contract - Contract, Categories: Experts, Discovery, Contract
J. Land finds that the trial court properly convicted defendant of aggravated assault and reckless conduct for firing a rifle at a family who was fishing on the river near his property. The trial court correctly admitted evidence of five other acts committed by defendant, including evidence that defendant brandished guns during disputes with neighbors and police and admitted to shooting at people near his house in the past. Sufficient evidence was presented to support defendant's convictions. Affirmed.
Court: Georgia Court of Appeals, Judge: Land, Filed On: December 8, 2023, Case #: A23A1629, Categories: Assault
J. Abelson grants the postmaster general his motion to dismiss allegations of race discrimination and retaliation brought by a potential employee. The potential employee, a Black man, was terminated from the FDA and argues he was denied employment at the Postal Service due to his race and national origin. In his amended discrimination claim, he fails to add factual allegations that the postmaster took adverse action by hiring someone less qualified and based on his previous employer’s performance review; this is dismissed with prejudice. He also failed to state a claim for retaliation.
Court: USDC Maryland, Judge: Abelson, Filed On: December 8, 2023, Case #: 1:21cv2709, NOS: Employment - Civil Rights, Categories: Government, Employment Discrimination, Employment Retaliation
J. Welbaum finds that defendant's murder and assault convictions were supported by sufficient evidence, including his DNA and blood on the car driven during the drive-by shooting. Even if the state failed to establish he was the shooter, he could still have been found guilty under a theory of complicity. However, the trial court erroneously imposed a firearm specification on both the assault and murder convictions because the crimes involved the same course of conduct; therefore, the case will be remanded to remove one of the firearm sentencing enhancements. Affirmed in part.
Court: Ohio Court Of Appeals, Judge: Welbaum, Filed On: December 8, 2023, Case #: 2023-Ohio-4445, Categories: Firearms, Murder, Sentencing
J. Edwards upholds a $430 million arbitration award against the Bolivarian Republic of Venezuela arising from the country’s forcible occupation and expropriation of two Spanish companies. The district court properly adhered to the International Centre for Settlement of Investment Disputes convention and applied the full faith and credit requirement that it neither examine the center's award's merits, its compliance with international law or its jurisdiction.
Court: DC Circuit, Judge: Edwards, Filed On: December 8, 2023, Case #: 23-7077 , Categories: Arbitration, International Law
J. Asplin finds a lower court improperly dismissed a group of leaseholders of a residential building's claims that they are entitled to car parking rights. An operator of a block of mansions argued that car parking rights do not include private roads. However, the leaseholders sufficiently showed in court car parking rights have been in existence since 1969. Reversed.
Court: Her Majesty's Court of Appeal, Judge: Asplin, Filed On: December 8, 2023, Case #: CA-2022-2102, Categories: Housing, Contract
J. Gleason denies the government's motion for summary judgment regarding an individual's appeal after he was denied the purchase of a firearm following a background check. The government alleges the individual is ineligible due to a previous assault conviction. The individual's felony convictions have been vacated. The federal firearm prohibition which began in 2022 does not apply to the individual as his misdemeanor crime of domestic violence conviction occurred in 2010. There is currently no federal or state prohibition on the individual's right to possess a firearm.
Court: USDC Alaska, Judge: Gleason, Filed On: December 8, 2023, Case #: 3:22cv193, NOS: Mandamus & Other - Habeas Corpus, Categories: Firearms
J. Wilson finds a lower court properly convicted a defendant on charges of felony murder and aggravated criminal sodomy. The defendant, who ingested crack cocaine at the time, argued that his victim's injuries were the result of mouth to mouth resuscitation, and that his expert witness testified that her vaginal injuries were from "simple genital wiping." However, the government presented sufficient evidence in court that he carried out a forcible act when he sodomized and killed his victim using "force or fear." Affirmed.
Court: Kansas Supreme Court, Judge: Wilson, Filed On: December 8, 2023, Case #: 124,992, Categories: Drug Offender, Murder, Experts
[Consolidated.] J. Wecht finds that the superior court properly ruled that the trial court lacked authority to coordinate actions that had not yet been filed in this case wherein a group of businesses say an insurance company wrongly denied their Covid-19 business interruption loss claims. The coordination claims were not brought at the trial court and thus, could not be brought on appeal at the superior court. Affirmed.
Court: Pennsylvania Superior Court, Judge: Wecht, Filed On: December 8, 2023, Case #: J-13A-2023, Categories: Civil Procedure, Insurance, Covid-19