112 results for 'filedAt:"2023-12-29"'.
[Consolidated.] J. Mesiwala finds that the trial court erred in awarding a wife all the net proceeds from the sale of quasi-marital property without findings that the husband exhibited oppression, fraud or malice. It was also error to exclude evidence of the wife's domestic violence before ordering spousal support and deny the husband's request for a domestic violence restraining order. Reversed.
Court: California Courts Of Appeal, Judge: Mesiwala, Filed On: December 29, 2023, Case #: C091292, Categories: Family Law
J. Huffman finds the trial court properly admitted all of the state's autopsy photos into evidence during defendant's trial on murder and firearms offenses. Although some included graphic images of the victim's gunshot wounds, each was used to explain the circumstances of the victim's death and the angle at which the bullet entered his head in support of the prosecution's theory of the case. Meanwhile, the prosecutor's isolated statement during closing arguments that defendant was the only individual charged despite video evidence of multiple shooters was not prosecutorial misconduct that implied his guilt. It was designed only to remind the jury to focus on the specific evidence against defendant and supported the state's complicity theory. Affirmed in part.
Court: Ohio Court Of Appeals, Judge: Huffman, Filed On: December 29, 2023, Case #: 2023-Ohio-4834, Categories: Firearms, Murder, Prosecutorial Misconduct
J. Zmuda finds the trial court did not violate defendant's confrontation rights when it admitted bodycam footage of a police officer speaking with the victims of his robbery. All of the statements were made in the immediate aftermath of the crime when, according to the officer, the victims were "scared and just kind of fearful," which allowed the video to be admitted under the excited utterance exception. Affirmed.
Court: Ohio Court Of Appeals, Judge: Zmuda, Filed On: December 29, 2023, Case #: 2023-Ohio-4853, Categories: Confrontation, Robbery, Identification
Per curiam, the Supreme Court of Ohio finds attorney Mark Stewart Bennett will be suspended from the practice of law for two years for the repeated sexual harassment of an intern at the U.S. Attorney's Office, including asking about her sex life, commenting on her appearance and touching her breast while the two were in the law library. The suspension will be stayed, as Bennett claims he was unaware his actions made the intern uncomfortable and has since sought counseling to help with the issue moving forward.
Court: Ohio Supreme Court, Judge: Per curiam, Filed On: December 29, 2023, Case #: 2023-Ohio-4752, Categories: Sanctions, Attorney Discipline
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J. Crouse finds the trial court erroneously denied the spine surgeon's motion for a directed verdict on the patient's informed consent claim. Although the wrong procedure was initially explained to the patient, the chain of causation was broken when the surgeon's associate obtained the patient's consent for the proper surgery on the morning of the procedure. Additionally, the trial court improperly admitted a video of the surgeon that included unrelated medical malpractice claims, resume inflation and information about his Pakistani heritage, all of which unfairly prejudiced the jury against him; therefore, he is entitled to a new trial. Reversed.
Court: Ohio Court Of Appeals, Judge: Crouse, Filed On: December 29, 2023, Case #: 2023-Ohio-4818, Categories: Evidence, Medical Malpractice
J. Ludwig finds in favor of the bank in its dispute with a towing company over the repossession of two of the company's trucks after it defaulted on its loan payments. In part because the facts are undisputed that the company breached its contracts with the bank and the company has failed to show the bank failed to mitigate damages by offering the company a third chance to modify its loans, the bank's motion for summary judgment is granted.
Court: USDC Eastern District of Wisconsin, Judge: Ludwig, Filed On: December 29, 2023, Case #: 2:21cv1163, NOS: Other Contract - Contract, Categories: Damages, Contract
J. Dever denies a business owner’s motion to dismiss copyright infringement claims in this sprawling suit initially brought by a marketing and entertainment software developer and its subsidiary against 33 named business entities and 55 unnamed entities. The developer claims most of these entities infringe on its copyrighted software systems called Phantom Software and Phoenix Gold in physical locations, websites and mobile apps. Presently, the developer alleges one such business entity and its owner are infringing. The business owner and his firm move to dismiss, but because the business is a corporation and the owner appears pro se, he cannot proceed because corporations can only proceed in federal court using licensed counsel. Also, the developer is correct in asserting its claims against the owner because he is a Phantom Software distributor and, therefore, is harming the developer by distributing and operating the infringing software.
Court: USDC Eastern District of North Carolina, Judge: Dever, Filed On: December 29, 2023, Case #: 5:23cv136, NOS: Copyrights - Property Rights, Categories: Copyright, Business Practices, Technology
J. Laplante determines the opinion of one of a group of property owners’ experts is inadmissible in this case, where the property owners are suing corporations whose manufacturing facility released toxic chemicals into the surrounding area, including the property owners’ groundwater. The property owners have other experts and didn’t object to this expert being excluded in their briefs.
Court: USDC New Hampshire, Judge: Laplante, Filed On: December 29, 2023, Case #: 1:16cv242, NOS: Torts to Land - Real Property, Categories: Environment, Water, Experts
J. Vasquez finds a lower court improperly denied a minor child's guardian's motion to allow her to testify in court alongside her facility dog. A judge ruled that the child was only entitled have her service dog accompany her before and after trial in the back of the courtroom. However, the state presented sufficient evidence in court that the service dog's presence would not "bolster" the credibility of a witness. Vacated.
Court: Arizona Court Of Appeals Division Two, Judge: Vasquez, Filed On: December 29, 2023, Case #: 2 CA-SA 2023-96, Categories: Civil Rights, Emotional Distress
[Consolidated] J. Cadish reinstates briefing on certain of the eight consolidated appeals from various judgments in this contract and tort action. Once briefed, the remaining appeals shall be clustered based on related subject matter. Certain appeals are dismissed, as they concern interlocutory orders in the receivership proceeding.
Court: Nevada Supreme Court, Judge: Cadish , Filed On: December 29, 2023, Case #: 85915, Categories: Tort, Contract
J. Faris reverses the bankruptcy court's monetary sanctions against an attorney who told it the debtors she represented had completed their Chapter 13 plan, when, in fact, they were more than $50,000 behind on mortgage payments. It is plausible the attorney's statements were not false; however, her conduct "ranged from negligent to reckless to seriously misleading," and the bankruptcy court can consider other measures, such as a referral to the disciplinary counsel. Reversed.
Court: 9th Circuit, Judge: Faris, Filed On: December 29, 2023, Case #: CC‐23‐1112‐FLG , Categories: Bankruptcy, Sanctions, Attorney Discipline
Per curiam, the circuit finds the district court improperly sentenced defendant for his conviction on charges for possession with intent to distribute marijuana and meth following a search of his vehicle that revealed 450 pounds of marijuana, loaded AR-15 magazines and 154 grams of meth. A 2-level sentencing enhancement was applied for his being an organizer of the activity, as well as a 3-level reduction for acceptance of responsibility, which resulted in a guideline level of 29. However, the 108-month sentence he received reflects the low end of level of 30, requiring review. Reversed in part.
Court: 5th Circuit, Judge: Per curiam, Filed On: December 29, 2023, Case #: 22-50787, Categories: Drug Offender, Immigration, Sentencing
J. McBride finds that the lower court improperly denied the family's motion to amend the civil rights complaint stemming from police officer's woeful response to a 911 call about domestic violence they were experiencing. The officers had probable cause to arrest the man to prevent abuse that was sure to follow, and their inaction allowed him to grievously injure his brother and kill his father. Reversed.
Court: Illinois Appellate Court, Judge: McBride, Filed On: December 29, 2023, Case #: 211373, Categories: Civil Rights, Constitution
J. Tenney holds that a contractor's preliminary lien notice was not timely but the trial court must determine the value of work it performed after the notice, which may support a claim under the savings statute. On remand, the trial court may consider the lien, as well as any related contract claims, in determining the prevailing party for any attorney fee award, and it should use the flexible and reasoned approach. Reversed in part.
Court: Utah Court Of Appeals, Judge: Tenney, Filed On: December 29, 2023, Case #: 20210847-CA, Categories: Construction, Attorney Fees, Contract
J. Ayo refuses to dismiss a police lieutenant’s allegations a city and its police chief have refused to address his claims about pervasive corruption and police misconduct, including excessive force, neglecting inmates' medical needs and misusing funds. The lieutenant’s lawsuit is not an impermissible shotgun pleading, but a compelling complaint filed after two years of extensive discovery and multiple depositions.
Court: USDC Western District of Louisiana , Judge: Ayo, Filed On: December 29, 2023, Case #: 6:21cv1535, NOS: Other Civil Rights - Civil Rights, Categories: Constitution, Defamation, Police Misconduct
J. Bumb finds for a pharmaceutical company that allegedly filed an application for a generic mifepristone product before the expiration of patent nos. 10,195,214 and 10.842,800 because plaintiff failed to demonstrate direct infringement for lack of evidence that physicians put the patented methods into use. Meanwhile, evidence did not indicate that "even a single prescription" of the patented drug had been lost to the generic alternative, and a physician would plausibly avoid infringement by faithfully following the generic drug's label.
Court: USDC New Jersey, Judge: Bumb , Filed On: December 29, 2023, Case #: 1:18cv3632, NOS: Abbreviated New Drug Applications (ANDA) - Property Rights, Categories: Patent
J. Martinez denies, in part, the telemarketer's motion to dismiss, ruling the allegations made by the consumer about the length and nature of at least 20 unsolicited phone calls are sufficient at this stage to support his Telephone Consumer Protection Act claims regarding autodialed telemarketing calls.
Court: USDC New Mexico, Judge: Martinez, Filed On: December 29, 2023, Case #: 2:23cv793, NOS: Telephone Consumer Protection Act (TCPA) - Other Suits, Categories: Evidence, Consumer Law
J. Smith finds the husband's due process rights were not violated by the trial court's denial of his motion to continue the hearing on a protective order. The hearing had already been delayed once and he failed to submit any interrogatories to the court by its deadline, which would have allowed for more discovery. Meanwhile, the trial court properly denied the husband's request for a polygraph test because the wife objected to the results of the test, which rendered them inadmissible under Ohio law. Affirmed.
Court: Ohio Court Of Appeals, Judge: Smith, Filed On: December 29, 2023, Case #: 2023-Ohio-4822, Categories: Family Law, Due Process
J. Russell partially grants the defendant school district's dismissal motion in this lawsuit brought by a former high school student alleging that he was sexually harassed by a teacher. The complaint contends that school officials had previously received reports of the teacher engaging in "inappropriate behavior," and that the school district's indifference allowed the student "to become another victim." The student's Section 1983 claim based on a "state created danger theory" will be dismissed, however, along with his Title IX claim, due to a failure to state a plausible claim.
Court: USDC Western District of Oklahoma , Judge: Russell, Filed On: December 29, 2023, Case #: 5:23cv473, NOS: Other Personal Injury - Torts - Personal Injury, Categories: Civil Procedure, Civil Rights, Education