124 results for 'filedAt:"2023-12-27"'.
J. Currault grants a request by a motorist suing a trucking business to recover damages in a car collision case. The litigant claims the accident was caused by the truck driver’s negligence and raises claims against the owner of the rig for vicarious liability, as well as claims for its alleged failure to adequately hire, train and supervise the driver. The company cannot limit the litigant’s discovery to lane change maneuvers, as it has not established the evidence sought could have no conceivable relevance to any pending claim or defense.
Court: USDC Eastern District of Louisiana , Judge: Currault, Filed On: December 27, 2023, Case #: 2:22cv4037, NOS: Motor Vehicle - Torts - Personal Injury, Categories: Employment, Evidence, Discovery
J. Chehardy finds the trial court did not abuse its discretion in awarding sole custody to the mother and supervised visits with the father amid the father’s unemployment and personal instability, especially considering an incident in which the father’s fiancé attempted to murder the mother. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Chehardy, Filed On: December 27, 2023, Case #: 23-CA-336, Categories: Family Law
J. McKinnon finds that the trial court properly admitted hearsay statements that defendant's stepdaughter made to a doctor about the cause of her injuries, as they were made to a medical provider for the primary purpose of medical care and were nontestimonial. However, the trial court erred in admitting hearsay statements she made to a sexual assault nurse examiner that were testimonial because they were made as part of a police investigation, but the error was harmless because the statements were identical to other admissible evidence. Affirmed.
Court: Montana Supreme Court, Judge: McKinnon, Filed On: December 27, 2023, Case #: DA 21-0587, Categories: Confrontation, Drug Offender, Sex Offender
J. Bell grants U.S. Citizen and Immigration Services (USCIS) its motion for summary judgment following an appeal of its decision to deny an engineering firm’s petition on behalf of one of its staff for nonimmigrant work status. The firm transferred the staff member, a Canadian mechanical engineer, to the U.S. for a particular job position. Her petition to be allowed to work as a nonimmigrant in the U.S. was approved at the U.S.-Canada border, not as per usual with USCIS, as Canadians are permitted to do this. However, when the firm applied for an extension after the year ended, USCIS denied the application as it determined the tasks assigned the staff member did not require special skills or training, so the position could be filled by a U.S. citizen. As USCIS's decision was not arbitrary, capricious, nor an abuse of its powers, its determination stands.
Court: USDC Western District of North Carolina, Judge: Bell, Filed On: December 27, 2023, Case #: 5:23cv75, NOS: Other Immigration Actions - Immigration, Categories: Government, Immigration
[Consolidated.] Per curiam, the circuit finds that the district court properly enhanced defendant's sentence based on his guilty plea to weapon possession following a prior felony conviction. Defendant was properly convicted of attempted murder during a road-rage incident based on evidence demonstrating intent since defendant shouted threats at a van driver who blocked him from changing lanes and fired the weapon at close range after pulling up next to the van. Affirmed.
Court: 2nd Circuit, Judge: Per curiam, Filed On: December 27, 2023, Case #: 22-1361 (L), Categories: Intent, Sentencing, Weapons
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J. Maraman partially finds the lower court properly convicted defendant of the sexual assault of a 16-year-old. The prosecution did not vouch for the victim in a statement about her memory of the incident, as he was referencing evidence and there is sufficient evidence that the victim was physically helpless and unable to communicate properly due to severe intoxication. The jury’s consent instruction was also therefore proper, though the instruction regarding aiding and abetting was not. The instruction did not include that aiding abetting includes demonstrating specific intent of defendant and the two friends he committed the assault with, and the omission may have caused the jury to convict defendant of a separate assault charge. Affirmed in part.
Court: Guam Supreme Court, Judge: Maraman, Filed On: December 27, 2023, Case #: CRA21-14, Categories: Sex Offender, Assault, Jury Instructions
J. Wicker reverses the trial court’s summary judgment in favor of defendants Rose and Boomtown Casino, after Rose attacked Adams and stole her purse in the casino’s parking lot in 2021. The casino voluntarily assumed a duty to provide regular security to patrol the casino’s exterior parking lot, while there are also genuine issues of material fact as to whether the casino was negligent in failing to act in conformity with its own established security policies and procedures on the night of the incident. Reversed.
Court: Louisiana Court Of Appeal, Judge: Wicker, Filed On: December 27, 2023, Case #: 23-CA-119, Categories: Damages, Negligence
J. Chehardy upholds defendant’s upgraded life sentence after the lower court vacated an underlying sentence on two charges of sexual battery of a 13-year-old female because defendant is a four-time felony offender. Barnes argued his sentences were excessive, but the appeals court determined that because Barnes exploited a position of trust, his criminal conduct was particularly shocking and he displayed unfavorable character and propensities, the sentences were appropriate. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Chehardy, Filed On: December 27, 2023, Case #: 23-KA-208, Categories: Sentencing, Sex Offender
J. Molaison upholds defendant’s conviction on manslaughter for the beating death of his brother and the resulting 40-year sentence, finding defendant received adequate counsel and the trial court was correct to deny a motion for a new trial. The sentence was reasonable, accounted for defendant’s criminal history and was half the possible maximum sentence. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Molaison, Filed On: December 27, 2023, Case #: 23-KA-317, Categories: Sentencing, Manslaughter
J. Lazar finds the circuit court improperly dismissed a voter group’s petition for writ of mandamus that sought for a public record request to obtain voter eligibility notices containing statutorily information required to be communicated to local officials. The group has demonstrated these records are appropriate under the public records law. The court holds that the group is entitled to redacted requested forms and remands this case for further proceedings. Reversed.
Court: Wisconsin Court of Appeals, Judge: Lazar, Filed On: December 27, 2023, Case #: 2023AP36, Categories: Elections, Public Record
J. Johnson, finding the record did not contain sufficient evidence to support the amount of restitution ordered, upholds defendant’s conviction on simple arson but vacates the five-year prison sentence and $4,500 in restitution and remands the case for resentencing. Affirmed in part, vacated in part.
Court: Louisiana Court Of Appeal, Judge: Johnson, Filed On: December 27, 2023, Case #: 23-KA-234, Categories: Sentencing, Restitution, Arson
J. Perez Friscia finds that the trial court properly ruled for the township in claims contending the police department failed to release body camera footage of an officer related to sexual misconduct allegations. The recording is exempt from open record law because the individual involved in the altercation with the officer had not been arrested. Affirmed.
Court: New Jersey Appellate Division, Judge: Perez Friscia , Filed On: December 27, 2023, Case #: A-1673-22, Categories: Public Record
J. Parker grants the restaurant's motion to compel arbitration in a wage and hour class action. The employees assert that they were not paid for hours worked over 40 per week, and were not permitted to keep gratuities. However, the employment contract clearly advises employees that by signing they will waive their rights to bring a class action lawsuit, and contains an acknowledgment form advising employees that it is their responsibility to be familiar with the arbitration agreement.
Court: USDC Southern District of New York, Judge: Parker, Filed On: December 27, 2023, Case #: 1:22cv1880, NOS: Fair Labor Standards Act - Labor, Categories: Arbitration, Contract
J. Carbullido finds the trial court did not properly convict defendant of murder, as it did not hold a evidentiary hearing after reports of possible juror misconduct. One juror had mentioned knowing defendant had previously been incarcerated and the trial judge did not begin an investigation or give curative instructions. Vacated.
Court: Guam Supreme Court, Judge: Carbullido, Filed On: December 27, 2023, Case #: CRA22-10, Categories: Evidence, Jury, Murder
J. Collins finds that the district court properly entered convictions against two defendants on drug-trafficking and money-laundering charges in connection with their distribution of “spice,” a synthetic cannabinoid product. However, the lower court improperly entered mail and wire fraud convictions. The drug-trafficking charges were based on the premise that, although the particular cannabinoid that defendants used had not yet been specifically listed as a prohibited controlled substance, it was treated as a controlled substance because it was an “analogue” of a listed substance. The evidence at trial was insufficient to prove the mail-fraud and wire-fraud offenses charged in the indictment. Affirmed in part.
Court: 9th Circuit, Judge: Collins , Filed On: December 27, 2023, Case #: 20-10288, Categories: Drug Offender, Fraud
J. Rowland partially grants a class of hair product consumers’ motion to compel production of materials related to hair care products sold outside the U.S. The class of consumers claim they were injured in various ways by using L’Oreal, Revlon and other companies’ hair care products, and they seek information regarding what safety and marketing standards the products adhered to domestically as opposed to when they’re sold abroad. They seek materials pertaining six specific categories of information: foreign regulatory materials, product labels and usage instructions, scientific studies, articles in scientific journals, organizational charts and board of director materials. The hair care product companies must produce all but the organizational charts and board of director materials.
Court: USDC Northern District of Illinois, Judge: Rowland, Filed On: December 27, 2023, Case #: 1:23cv818, NOS: Other Statutory Actions - Other Suits, Categories: Product Liability, Discovery, Class Action
J. Gleason denies an association of hemp companies' renewal motion for a temporary restraining order in a dispute over the state's regulation of industrial hemp products intended for human or animal consumption. "The amendment effectively prohibits the in-state sale of hemp products intended for human or animal consumption that contain any delta-9-THC or other non-naturally occurring cannabinoid." The association has not shown a likelihood to succeed on the merits of their claims, including that the State’s amended regulations constitute an unconstitutional regulatory taking.
Court: USDC Alaska, Judge: Gleason, Filed On: December 27, 2023, Case #: 3:23cv253, NOS: Constitutionality of State Statutes - Other Suits, Categories: Constitution
J. Hester finds that the trial court improperly dismissed the inmate's claims against the doctor over the alleged denial of medical care that led to severe injuries. The doctor's exception of prematurity was incorrectly sustained since he did not give evidence that he was immune from suit "as a qualified health care provider" under the Louisiana Medical Malpractice Act for the relevant period. Reversed.
Court: Louisiana Court Of Appeal, Judge: Hester, Filed On: December 27, 2023, Case #: 2023CA0646, Categories: Civil Procedure, Health Care, Negligence
J. Khouzam finds that the department of children and families properly denied petitioner an exemption from disqualification from employment in positions having direct contact with children or vulnerable adults based on petitioner's history of arrests for sexual battery and grand theft. Affirmed.
Court: Florida Courts Of Appeal, Judge: Khouzam, Filed On: December 27, 2023, Case #: 2D22-3612, Categories: Civil Procedure, Employment
[Consolidated] J. Herndon finds the trial court properly found in favor of the insured in a car collision-related dispute. The insurer failed to properly investigate the accident, and the jury's finding, based on substantial evidence, will not be overturned. Although the $150,000 in compensatory stands, the more than $1 million in punitive damages must be reversed because the trial court improperly allowed irrelevant testimony regarding other lawsuits against the company. Reversed in part.
Court: Nevada Supreme Court, Judge: Herndon , Filed On: December 27, 2023, Case #: 85090, Categories: Evidence, Insurance, Contract