179 results for 'filedAt:"2023-12-19"'.
J. Dillard finds that the trial court properly convicted defendant of theft by taking and exploitation and intimidation of a disabled adult, elder person or resident. The trial court correctly denied defendant's motion for a new trial. Defendant's convictions are not mutually exclusive because there is no requirement that defendant must have been in possession of the victim's property unlawfully to commit the offense of exploitation of a disabled adult. Defendant exploited the victim's resources for her benefit under the false pretense that she was protecting the victim's property. Affirmed.
Court: Georgia Court of Appeals, Judge: Dillard, Filed On: December 19, 2023, Case #: A23A1318, Categories: Theft
J. Ransom finds that the lower court improperly held the hospital liable after a woman got into an unlocked vehicle in a hospital parking lot, found a concealed firearm, and shot the car's owner when he tried to force her out of the car. While the hospital was aware that the woman had previously entered another unlocked vehicle and stolen prescription medications, there was no evidence it knew she was likely to become violent and pose a danger to hospital patrons. Reversed.
Court: Missouri Supreme Court, Judge: Ransom, Filed On: December 19, 2023, Case #: SC100030, Categories: Tort
J. Boggs finds that the trial court properly convicted defendant of murder and other offenses. Any error the trial court committed in admitting into evidence a custodial statement made by defendant in which he admitted to shooting the victim but said the shooting was accidental was harmless in light of another similar statement defendant made in a jailhouse phone call to his mother. Defendant failed to show that he was prejudiced by his trial counsel's allegedly deficient performance. Affirmed.
Court: Georgia Supreme Court, Judge: Boggs, Filed On: December 19, 2023, Case #: S23A0861, Categories: Murder
J. Brown finds that the trial court erred in dismissing an heir's creditor claim complaint. He was entitled to file an amended petition after the trustee demurred. He may have used the wrong form, but he made the same allegations with additional detail and nothing in the record shows that the trustee was confused or misled. Also, statute allows for a creditor's claim against a trustee in order to enforce a debt or claim where neither a probate or trust claims procedure has been initiated. Reversed.
Court: California Courts Of Appeal, Judge: Brown, Filed On: December 19, 2023, Case #: A164622, Categories: Civil Procedure, Trusts, Wills / Probate
J. Messitte defers the Netherlands-based water utility company’s motion to compel the production of discovery documents withheld pending the appointment of a special master. Therefore, the board’s motion to modify order granting ex parte application and to modify subpoenas will be denied. The parties must put in writing their proposed special master appointment and any other issues associated with this case.
Court: USDC Maryland, Judge: Messitte, Filed On: December 19, 2023, Case #: 8:22mc508, NOS: Other Statutory Actions - Other Suits, Categories: Water, Discovery
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J. Arnold finds a lower court properly dismissed a skin care company's copyright infringement claims against an organic health and beauty products seller. The skin care company argued that the health and beauty products seller infringed on its "secret weapon" serum. However, the health and beauty products seller presented sufficient evidence in court that she never advertised her goods and services as a "secret weapon." Affirmed.
Court: Her Majesty's Court of Appeal, Judge: Arnold, Filed On: December 19, 2023, Case #: CA-2023-886, Categories: Copyright, Contract
[Consolidated.] J. Shepherd finds a lower court properly sentenced two defendants to 226 and 187 months in prison for conspiracy to distribute and possession with intent to distribute cocaine and heroin, and conspiracy to commit money laundering. The defendants argued that they are entitled to relief for violations of the Speedy Trial Act. However, the government sufficiently showed in court that the defendants are not entitled to relief under the Act based on the complexity of the charges against both men. Affirmed.
Court: 8th Circuit, Judge: Shepherd, Filed On: December 19, 2023, Case #: 22-2415, Categories: Drug Offender, Speedy Trial, Money Laundering
[Corrected.] J. Buch finds for the commissioner of internal revenue in this tax liability dispute because the taxpayer failed to report a settlement from her former employer in gross income.
Court: U.S. Tax Court, Judge: Buch, Filed On: December 19, 2023, Case #: 2023-34, Categories: Employment, Tax
J. Pittman dismisses a couple's pro se foreclosure-related action against a lender. The couple fails to sufficiently allege their claims for slander of title and credit, nor can they support their breach of contract claim, as they have admitted default.
Court: USDC Northern District of Texas , Judge: Pittman, Filed On: December 19, 2023, Case #: 4:23cv534, NOS: Consumer Credit - Other Suits, Categories: Property, Banking / Lending, Contract
J. Major grants a jet charter company's motion for monetary sanctions in a contract dispute brought by a doctor. Despite being ordered to provide discovery and warned that sanctions would be issued if he continued to fail to comply with his discovery obligations, the doctor failed to participate in discovery, pay prior sanctions, file any document, or appear in court as ordered. The doctor and his counsel are ordered to pay $1,140. Furthermore, it is recommended that the district judge issue a dismissal sanction.
Court: USDC Southern District of California, Judge: Major, Filed On: December 19, 2023, Case #: 3:19cv49, NOS: Other Contract - Contract, Categories: Sanctions, Discovery, Contract
J. Rao upholds the district court's decision to remand the District of Columbia's case against several energy companies to superior court. The district, which accuses the companies of misrepresenting their products' effects on climate change, relied on D.C.'s consumer protection statute, rather than a federal cause of action. Affirmed.
Court: DC Court of Appeals, Judge: Rao, Filed On: December 19, 2023, Case #: 22-7163, Categories: Environment, Consumer Law, Jurisdiction
J. Kuehn finds the district court improperly found the transportation company's claims were only for property loss and statutorily capped at $25,000. The company submitted a Tort Claims Act claim to the state Risk Management Department after its truck was damaged, catching fire after a head-on collision with a vehicle owned by the state college and driven by a college employee. The office settled for the statutory amount of $25,000 and the company claimed consequential damages of $68,636. The relevant statute allows for separate claims for property loss and any other loss caused by the state, and the consequential losses are subject to the $125,000 cap. Reversed.
Court: Oklahoma Supreme Court, Judge: Kuehn , Filed On: December 19, 2023, Case #: 121252, Categories: Government, Tort, Vehicle
J. Darby finds the district court properly dismissed the purported pretermitted heir's petition to vacate the final decree in a probate case, seeking to intervene in the estate. The purported heir claims the decedent is his father, though this has not been adjudicated. Furthermore, he already had a presumed father, who is not the decedent, and he failed to show standing to intervene. Affirmed.
Court: Oklahoma Supreme Court, Judge: Darby , Filed On: December 19, 2023, Case #: 120989, Categories: Evidence, Wills / Probate
J. Donohue finds that the lower court improperly dismissed a group of Pennsylvania casino owners complaint against the Pennsylvania Department of Revenue alleging that lottery games offered online “impermissibly simulate slot machines,” thereby infringing on the casino owners’ share of the online market in violation of state law. To determine whether the online lottery game violates the state prohibition against simulating a slot machine will require a subjective assessment of the game’s appearance and effect when in play. Vacated.
Court: Pennsylvania Supreme Court, Judge: Donohue, Filed On: December 19, 2023, Case #: J-18-2023, Categories: Civil Procedure, Government, Business Practices
J. Laurer denies the petitioner's request for class certification in his action against the Secretary of Veterans Affairs regarding challenges to its other than honorable character of discharge. Though his request for relief had been satisfied after his receiving a new and material evidence determination after filing this petition, he argues his petition and class action request are not moot based on certain exceptions. The class questions in this case relate to manageability, while implicit adjudication questions are case specific and ill-suited to class-wide review and relief.
Court: Court Of Appeals For Veterans Claims, Judge: Laurer, Filed On: December 19, 2023, Case #: 22-7344, Categories: Government, Veterans, Class Action
J. Arterburn finds the district court improperly found for a contractor on a food producer's negligence claim against a contractor for the mishandling of manure that allegedly led to an outbreak of disease among the producer's hogs. Contrary to the district court's finding, the contractor owed the producer a general duty of care. Reversed in part.
Court: Nebraska Court Of Appeals, Judge: Arterburn , Filed On: December 19, 2023, Case #: A-23-116, Categories: Agriculture, Negligence, Contract
J. Arterburn finds the district court properly found the ex-wife in a post-divorce case was not in contempt. The husband says the ex-wife improperly claimed a particular child on filings for which the child was not designated. Evidence shows she relied on the advice of her tax advisor, the child's having reached the age of majority, her provision of support and adult child's consent to her claiming him as a dependent. The mother reasonably believed she could legally claim the child in her taxes. Affirmed.
Court: Nebraska Court Of Appeals, Judge: Arterburn , Filed On: December 19, 2023, Case #: A-22-978, Categories: Family Law, Tax, Guardianship
J. Kirsch finds that the lower court improperly sentenced defendant for drug offenses, finding that he was ineligible for the safety valve because he qualified for a firearms enhancement. Just because a defendant qualifies for a sentencing enhancement does not necessarily mean that he does not qualify for the safety-valve relief. Vacated.
Court: 7th Circuit, Judge: Kirsch, Filed On: December 19, 2023, Case #: 23-2172, Categories: Drug Offender, Sentencing
J. Wilson declares unconstitutional the Truly Agreed and Finally Passed House Bill 1606, which sought to reduce the amount of information certain counties are required to publish in their financial statements, because it violates the single subject requirement. The bill also includes provision to restriction the expenditure of state funds on combating homelessness, and makes the act of sleeping or camping on state-owned lands a class C misdemeanor.
Court: Missouri Supreme Court, Judge: Wilson, Filed On: December 19, 2023, Case #: SC100045, Categories: Constitution, Government, Municipal Law
Per curiam, the Indiana Supreme Court finds that attorney Marco Moreno should be disbarred for neglecting numerous clients and charging unreasonable fees. Meanwhile, he refused to cooperate with disciplinary investigations into his actions and abandoned his law practice.
Court: Indiana Supreme Court, Judge: Per Curiam, Filed On: December 19, 2023, Case #: 22S-DI-413, Categories: Attorney Discipline
Per curiam, the Georgia Supreme Court accepts attorney Ashutosh S. Joshi's voluntary surrender of his license to practice law for his admitted violation of one of the Georgia Rules of Professional Conduct. The attorney knew that his client's co-conspirator was represented by another attorney at the time he met with the co-conspirator in jail without permission. The attorney is alleged to have misrepresented to jail staff that he was the attorney for the co-conspirator but he has not admitted to that misconduct and the allegation has not been resolved. Even if the attorney were found to have committed additional violations of the rules, the maximum sanction against him would be no greater than the surrender of his law license.
Court: Georgia Supreme Court, Judge: Per curiam, Filed On: December 19, 2023, Case #: S23Y0975, Categories: Judiciary, Attorney Discipline
J. Warren finds that the appeals court improperly remanded back to the trial court an action brought by property owners seeking to require the county to repair roads in their subdivision. The appeals court overturned the trial court's finding that the county is not obligated to maintain the roads and remanded the case to the trial court to decide whether the public accepted the road as a public road. A county is not obligated to repair and maintain a road offered for public use by the owner unless county authorities have expressly or impliedly accepted the dedication of the roads as public roads. The case is remanded to the appeals court so it can rule on whether the trial court correctly determined that county authorities did not impliedly accept the roads as public roads. Reversed in part.
Court: Georgia Supreme Court, Judge: Warren, Filed On: December 19, 2023, Case #: S23G0169, Categories: Municipal Law
J. Gustafson holds that the state's petition to revoke defendant's suspended sentence was untimely. Defendant should have been credited for spent in federal prison concurrent with the suspended sentence for his underlying state burglary conviction, so his sentence expired before the state filed its petition. Reversed.
Court: Montana Supreme Court, Judge: Gustafson, Filed On: December 19, 2023, Case #: DA 22-0048, Categories: Burglary, Habeas, Sentencing