127 results for 'filedAt:"2024-01-30"'.
J. Riedmann finds the county court properly convicted defendant by plea agreement for sexual assault and strangulation. Though defendant claims he was in a consensual relationship with the victim, all evidence, including DNA and text messages, as well as injuries to the victim, supports the conviction. The plea agreement was entered into knowingly and intelligently, and defendant does not present any argument as to trial counsel's alleged failure to inform him of the victim's medical records. Affirmed.
Court: Nebraska Court Of Appeals, Judge: Riedmann , Filed On: January 30, 2024, Case #: A-23-677, Categories: Dna, Evidence, Sex Offender
J. Dorsey denies the Air Force realty specialist's motion for summary judgment on his employment discrimination claims. Subject to a 2-year probationary period during which he consistently received sub-par performance evaluations as well as reprimands for unprofessional conduct, the specialist was placed on probation. He then filed an informal racial discrimination complaint and was later fired. The Air Force has shown legitimate, nonretaliatory reasons for the termination. Nothing in the record shows that the Air Force used a personnel duties document for evaluating other realty specialists in the same program, or otherwise deviated from standard practice.
Court: USDC Nevada, Judge: Dorsey, Filed On: January 30, 2024, Case #: 2:20cv2281, NOS: Civil Rights - Habeas Corpus, Categories: Evidence, Employment Discrimination, Military
J. Pallmeyer mostly denies the sued construction materials company’s motion to dismiss an insurance company’s negligence, breach of contract and breach of implied warranties claims. The insurance company in this suit is acting as a subrogee for an agricultural products manufacturer, which bought calcium sulphate from the construction materials company and in turn sold it to a pet food manufacturer as a pet food additive. The court finds the insurance company’s negligence claim against the construction materials company is barred under Illinois’ Economic Loss Doctrine, but the remaining claims survive.
Court: USDC Northern District of Illinois, Judge: Pallmeyer, Filed On: January 30, 2024, Case #: 1:23cv1988, NOS: Property Damage Product Liability - Torts - Personal Property, Categories: Negligence, Product Liability, Warranty
J. Coulsen finds a lower court properly dismissed a bidder's breach of contract regulations claims against a contracting authority. The bidder argued in court that the contracting authority erred in granting another parties' bid, even though both bids were close. However, the successful bidder sufficiently showed in court that it had "clear items related to accessibility of premises" under the Equality Act 2010. Affirmed.
Court: Her Majesty's Court of Appeal, Judge: Coulsen, Filed On: January 30, 2024, Case #: CA-2023-48, Categories: Real Estate, Contract
J. Shepherd finds a lower court improperly sentenced a defendant to 110 months in prison and three years probation for being a felon in possession of a firearm. The government argued that his sentence was reasonable. However, the defendant sufficiently showed in court that he may be entitled to a lighter sentence over procedural errors. Vacated.
Court: 8th Circuit, Judge: Shepherd, Filed On: January 30, 2024, Case #: 22-3564, Categories: Firearms, Probation, Sentencing
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J. Powell finds that the lower court improperly dismissed the employees' hostile work environment and aiding and abetting claims against his employer. The employees adequately allege they were subjected to severe discriminatory harassment, and that the employer maintained an effectively racially segregated factory floor. Reversed.
Court: Missouri Supreme Court, Judge: Powell, Filed On: January 30, 2024, Case #: SC100116, Categories: Employment Discrimination
J. Gooch finds that the lower court improperly sentenced defendant as a chronic offender for a DUI charges. The state did not prove beyond a reasonable doubt that each of defendant's prior convictions was an intoxication-related traffic offence. Reversed.
Court: Missouri Supreme Court, Judge: Gooch, Filed On: January 30, 2024, Case #: SC100041, Categories: Sentencing, Dui
J. Humetewa grants an independent contractor's motion for summary judgment concerning voluntary payment claims against a consulting company. The independent contractor, a director of recruiting, sufficiently showed in court that the company is not entitled to reduce her commissions for overpayment.
Court: USDC Arizona, Judge: Humetewa, Filed On: January 30, 2024, Case #: 2:22cv573, NOS: Fair Labor Standards Act - Labor, Categories: Employment, Contract, Labor
J. Pepper grants the consumer's motion to remand to Racine County Circuit Court his lawsuit alleging violations of state and federal law by the debt collector, as neither the debt collector nor the consumer have shown he suffered concrete injury and has Article III standing. There is no subject matter jurisdiction to rule on the debt collector's motions to compel the consumer's discovery responses and for sanctions against him, as well as its motion for judgment on the pleadings.
Court: USDC Eastern District of Wisconsin, Judge: Pepper, Filed On: January 30, 2024, Case #: 2:22cv1184, NOS: Consumer Credit - Other Suits, Categories: Debt Collection, Consumer Law
J. Lanier finds that defendant was properly convicted and sentenced on counts of murder, feticide and attempted murder stemming from a drive-by shooting of a home that resulted in the death of an occupant and her unborn child. Defendant's motion to continue was correctly denied since there was no prejudice because of the delayed discovery. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Lanier, Filed On: January 30, 2024, Case #: 2023KA0360, Categories: Murder, Sentencing, Discovery
Per curiam, the appellate division finds that the lower court properly denied the National Rifle Association's motion for a deposition of the New York Attorney General. The Attorney General is acting as counsel to the state in this case and possesses no personal knowledge of the facts relevant to the issue. The proper way to learn the Attorney General's legal theories is through contention interrogatories. Affirmed.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: January 30, 2024, Case #: 00389, Categories: Fraud, Discovery
J. Mendez finds that the lower court improperly convicted defendant of criminal possession of a weapon. The evidence shows defendant came into possession of the weapon in order to disarm an enraged friend who was in an argument with his wife. The possession was temporary and he did not use the weapon in a dangerous manner. Reversed.
Court: New York Appellate Divisions, Judge: Mendez, Filed On: January 30, 2024, Case #: 00390, Categories: Firearms, Weapons
Per curiam, the appellate division finds that the lower court properly denied the manufacturer's request to limit discovery to jurisdictional issues. If the manufacturer is served with a discovery demand it believes is too broad, it can seek a protective order. Affirmed.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: January 30, 2024, Case #: 00380, Categories: Discovery
J. Alley finds a lower court partially erred in determining damages in a divorce case in which an expert for the ex-wife testified about alleged financial fraud committed by her ex-husband. While the ex-husband did not ultimately overcome the fraud claims in general, the lower court erred in including awards based on financial transactions which were ultimately accounted for — and which even the expert ultimately determined were not fraudulent. Reversed in part and remanded.
Court: Texas Courts of Appeals, Judge: Alley, Filed On: January 30, 2024, Case #: 08-23-00016-CV, Categories: Family Law, Fraud, Damages
J. Goldstein finds that the lower court properly terminated the mother's parental rights to the child and appointed the Texas Department of Family and Protective Services as managing conservator. Contrary to the mother's argument on appeal, the evidence sufficiently supports the endangerment finding under Subsection (D), as the mother has admitted to "a drinking problem." Affirmed.
Court: Texas Courts of Appeals, Judge: Goldstein, Filed On: January 30, 2024, Case #: 05-23-00826-CV, Categories: Evidence, Family Law
J. Bryan dismisses a software company's contract action seeking more than $247,000 from a telecommunications provider that services an Indian reservation. The provider is protected by sovereign immunity, and it did not expressly waive its immunity.
Court: USDC Southern District of Texas, Judge: Bryan, Filed On: January 30, 2024, Case #: 4:23cv1901, NOS: Other Contract - Contract, Categories: Communications, Immunity, Contract
J. McKinnon finds that the district improperly denied a request for waiver of court costs and fees by a wife seeking dissolution and a parenting plan. The district court erred in requiring her to provide more information than required by the Department of Justice on the fee waiver form and she is entitled to waiver as an indigent.
Court: Montana Supreme Court, Judge: McKinnon, Filed On: January 30, 2024, Case #: OP 23-0734, Categories: Civil Procedure, Family Law
J. Tjoflat vacates the original panel opinion and substitutes the instant opinion finding that the district court improperly denied the sheriff's deputy's motion to dismiss a civil rights action brought by the vehicle passenger. The action arose from the passenger's arrest for resisting an officer without violence after he refused to give the deputy his ID when the vehicle was pulled over. The district court incorrectly found that the deputy lacked a valid basis to require the passenger to provide ID. The deputy is entitled to qualified immunity because it was not clearly established law that an officer cannot ask a passenger to identify himself unless the officer has reasonable suspicion to believe the passenger poses a risk to his safety. Reversed.
Court: 11th Circuit, Judge: Tjoflat, Filed On: January 30, 2024, Case #: 21-10670, Categories: Civil Rights, Immunity
J. Goff finds that the trial court failed to fully determine defendant's ability to pay a fine and court costs. Indiana law allows courts to retain cash bail to cover certain court costs, but besides public defender and jury fees, the court must make a proper determination as to a defendant's ability to pay other court costs. Reversed in part.
Court: Indiana Supreme Court, Judge: Goff, Filed On: January 30, 2024, Case #: 23S-CR-232, Categories: Criminal Procedure, Bail
J. Watters denies the employer summary judgment on the employee's wrongful discharge claim alleging that he was fired without good cause. The company says he was fired for giving out an improper loan, but at this stage, there remain genuine disputes over whether the firing was pretextual and how many people knew about the alleged improper loan.
Court: USDC Montana, Judge: Watters, Filed On: January 30, 2024, Case #: 1:22cv52, NOS: Other Labor Litigation - Labor, Categories: Employment
J. Suddaby finds a group of tenants living in federally subsidized housing likely to win on their claims for Second Amendment violations, and issues a preliminary injunction prohibiting the regional housing authority from enforcing a clause in its lease agreements barring tenants from using, possessing or displaying firearms in their homes. The court finds the alleged constitutional violations constitute irreparable harm which justifies court intervention and further agrees with the tenants’ arguments that the housing authority fails to show its firearms ban is part of a historical tradition of firearms regulation.
Court: USDC Northern District of New York, Judge: Suddaby, Filed On: January 30, 2024, Case #: 5:23cv1540, NOS: Other Civil Rights - Civil Rights, Categories: Housing, Firearms
J. Yarbrough finds that the lower court properly entered a judgment of eviction in favor of the home buyer following a foreclosure sale. The buyer had standing to bring the suit "under its foreclosure deed," and there was no prejudice to the appellants by the court allowing the buyer to amend its pleadings. Affirmed.
Court: Texas Courts of Appeals, Judge: Yarbrough, Filed On: January 30, 2024, Case #: 07-23-00231-CV, Categories: Landlord Tenant, Real Estate
J. Castillo finds that the trial court properly instructed the jury not to draw an adverse reference from the refusal of the alleged victim in defendant's domestic violence trial to testify, as she had properly invoked her Fifth Amendment privilege through counsel. Also, substantial evidence supported the decision not to excuse a juror for bias. Affirmed.
Court: California Courts Of Appeal, Judge: Castillo, Filed On: January 30, 2024, Case #: D080776, Categories: Domestic Violence, Jury Instructions
J. Griffiths finds that a father's parental rights were improperly terminated for lack of clear and convincing evidence that he intentionally abandoned his child because the record indicates the father demonstrated willingness to assume custody during the six-month statutory period. Reversed.
Court: Delaware Supreme Court, Judge: Griffiths, Filed On: January 30, 2024, Case #: 174, 2023, Categories: Family Law
J. Coughenour dismisses the shareholder's complaint alleging that Jeff Bezos and other current and former Amazon directors and officers stored customer data without the customer's knowledge, putting Amazon at risk of lawsuits. The shareholder's complaint does not allege that any director “received a material personal benefit from the alleged misconduct," nor does he present sufficient evidence to establish demand futility regarding most of the directors.
Court: USDC Western District of Washington, Judge: Coughenour, Filed On: January 30, 2024, Case #: 2:22cv559, NOS: Stockholders’ Suits - Contract, Categories: Fiduciary Duty, Class Action