186 results for 'filedAt:"2024-02-22"'.
J. Hellman finds the post-conviction court properly denied defendant's claim that he was deprived of his right to a fair trial under the due process clause due to conflicting witness statements. “Any inconsistency is the result of [the witness’s] mistaken recollection of his trial testimony, not because [they] had new evidence to provide.” Affirmed.
Court: Oregon Court of Appeals, Judge: Hellman, Filed On: February 22, 2024, Case #: A179156, Categories: Evidence, Murder, Sentencing
J. Hodges finds that the trial court properly dismissed the individual's injunctive relief action alleging that the county board of commissioners' failure to provide proper notice of intent to pass a 2018 salary ordinance increasing their pay violated the Open Meetings Act. Although the trial court incorrectly found that the individual lacked taxpayer standing to pursue his claim against the official, dismissal was still proper because the individual failed to state a proper claim for injunctive relief. The individual failed to make a declaratory judgment claim challenging the legality of the salary ordinance and therefore cannot pursue an injunctive relief claim seeking to stop the official from issuing payments under the ordinance. Affirmed in part.
Court: Georgia Court of Appeals, Judge: Hodges, Filed On: February 22, 2024, Case #: A22A0508, Categories: Injunction
J. Beeler grants the USDA's motion to dismiss claims from a group of nonprofits regarding rules to chicken-slaughter line speeds allowed at certain slaughterhouses. The nonprofits challenged new waiver rules laid out in 2018 that could allow for chickens to be slaughtered at 175 chickens per minute, but since then, the USDA has had a change of leadership and those waiver rules were set aside. Given the changed landscape and the fact the waivers are not in place anymore, the groups lack standing to continue their suit.
Court: USDC Northern District of California, Judge: Beeler, Filed On: February 22, 2024, Case #: 3:20cv1395, NOS: Administrative Procedure Act/Review or Appeal of Agency Decision - Other Suits, Categories: Administrative Law, Agency
J. Bahr finds that the district court properly entered criminal judgment after the district court revoked defendant's probation and resentenced her. A search of defendant's residence yielded evidence which led to five counts, including one count of unlawful possession of a controlled substance and one count of endangerment of a child or vulnerable adult. Affirmed.
Court: North Dakota Supreme Court, Judge: Bahr, Filed On: February 22, 2024, Case #: 2024ND33, Categories: Drug Offender, Probation, Sentencing
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Per curiam, the North Dakota Supreme Court adopts a hearing panel’s findings and recommended sanctions in an attorney disciplinary board matter. Mark J. Pilch is to be disbarred from the practice of law in North Dakota. Pilch’s license was suspended October 31, 2022, for failing to comply with
continuing education reporting requirements.
Court: North Dakota Supreme Court, Judge: Per curiam, Filed On: February 22, 2024, Case #: 2024ND35, Categories: Attorney Discipline
Per curium, the appeals court denies an employee’s motion for rehearing against a private nonprofit facility in this negligence claim. The judgment is unchanged, but the court modifies its Jan. 25, 2024, opinion to counter some of the employee’s misrepresentations and improper additions to the record.
Court: California Courts Of Appeal, Judge: Per curiam, Filed On: February 22, 2024, Case #: B323186, Categories: Civil Procedure, Negligence
J. Hoffstadt finds that the trial court properly granted a city’s demurrer without leave to amend on a neighboring city’s claim that heavy truck traffic being diverted onto its streets was a public nuisance. The boarder streets are outside the parties’ power to regulate because the ordinance refers to “any street, road, or public right-of-way within the city.”
Court: California Courts Of Appeal, Judge: Hoffstadt, Filed On: February 22, 2024, Case #: B327413, Categories: Government, Municipal Law
[Consolidated.] J. Immergut appoints Dr. Lawrence Lo as lead plaintiff in the investors' class action that the nuclear power company and its current and former executives falsely claimed that they could fulfill large contracts with Utah Associated Municipal Power Systems and Standard Power. Dr. Kevin Liang Li opposes Dr. Lo as lead plaintiff, but Dr. Lo's claims are "reasonably co-extensive with other class members'," and the 9th Circuit does not support Dr. Li's assertion to disqualify Dr. Lo because he did not retain his shares through every corrective disclosure.
Court: USDC Oregon, Judge: Immergut, Filed On: February 22, 2024, Case #: 3:23cv1689, NOS: Securities/Commodities/Exchange - Other Suits, Categories: Civil Procedure, Securities, Class Action
J. Maxwell finds the lower court properly found in favor of the Mississippi Department of Revenue (MDOR) in this matter concerning sales tax. A tool retailer was found in an audit by the MDOR to have underpaid sales taxes during a specified period of time, as the tool retailer classified certain transactions as wholesale and tax-exempt, but the MDOR found not to be. As a result of the discrepancy, the company owed for taxes on the transactions in addition to interest and penalties, amounting to $124,728. The lower court found the MDOR assessment to be valid and the instant court agrees. Affirmed.
Court: Mississippi Supreme Court, Judge: Maxwell, Filed On: February 22, 2024, Case #: 2021-CT-01186-SCT, Categories: Tax, Business Practices
[Consolidated.] J. Clark finds that the lower court properly declined to dismiss fiduciary duty claims brought by 10 car dealerships after their founder unilaterally froze them out of individual bank accounts. The founder failed to accept the role of a management group he established after the group removed his sole authority over the dealerships, which impeded not only their access to bank accounts but to manufacturer accounts and approvals. The dealerships were properly granted a preliminary injunction, but they may not have been assessed an appropriate undertaking. The issue should be remanded to set a sum that accounts for potential damage to the founder. Affirmed in part.
Court: New York Appellate Divisions, Judge: Clark, Filed On: February 22, 2024, Case #: CV-22-1961, Categories: Damages, Fiduciary Duty, Contract
J. Garry finds that the lower court properly dismissed dental malpractice claims stemming from a root canal because the patient filed the action more than two-and-a-half years following accrual, and she also exceeded additional time permitted following discovery of a foreign object in her left maxillary sinus. However, the dentist and her employer were improperly awarded disbursements without proof that expenses were actually incurred. Affirmed in part.
Court: New York Appellate Divisions, Judge: Garry, Filed On: February 22, 2024, Case #: 535783, Categories: Civil Procedure, Medical Malpractice
J. Eskridge upholds the bankruptcy court's enforcement of a confirmation order finding the sole shareholder of a debtor set of entities lacked standing to pursue state law claims for gross negligence and willful misconduct. His claims were derivative of the entities, not direct, and, therefore, they were not his to pursue.
Court: USDC Southern District of Texas, Judge: Eskridge, Filed On: February 22, 2024, Case #: 4:21cv456, NOS: Bankruptcy Appeal 28 USC 158 - Bankruptcy, Categories: Bankruptcy, Civil Procedure
J. Mullen finds that the lower court improperly denied the defendant's motion for pretrial release after being charged with a probation violation for unlawful use of a weapon. The alleged violation is not a detainable offense, so he is entitled to pretrial release pending his hearing on the state's petition to revoke his probation. Reversed.
Court: Illinois Appellate Court, Judge: Mullen, Filed On: February 22, 2024, Case #: 230512, Categories: Probation, Bail, Weapons
J. Foster finds a lower court properly convicted and sentenced a defendant on charges of three counts of aggravated assault. The defendant argued that the lower court erred in denying him a new trial for double jeopardy. However, the government sufficiently showed in court that the defendant fled the scene of a car accident after he rammed his jeep into another vehicle, which resulted in his victim becoming impaired when the impact crushed her lower leg and sternum, resulting in permanent injuries, and that the defendant's convictions are not multiplicitous for separate, numerous offenses. Affirmed.
Court: Arizona Court Of Appeals Division One, Judge: Foster, Filed On: February 22, 2024, Case #: 1 CA-CR 22-487, Categories: Evidence, Assault, Double Jeopardy
J. Nye denies in part the government's motion to dismiss environmental groups' claims that a logging project intended to "increase the resilience of the forests in the project area to insects, diseases, drought, and the undesirable effects from wildfires" violates the National Environmental Policy Act. Portions of the previous objection potentially raise similar enough arguments regarding the groups' claim involving the project’s threat to old-growth bird habitats to put the government on notice of the claim. The groups' claim that the government failed "to analyze or disclose whether the Project trends towards the forest plan’s desired conditions" continues.
Court: USDC Idaho, Judge: Nye, Filed On: February 22, 2024, Case #: 2:23cv290, NOS: Other Statutory Actions - Other Suits, Categories: Environment
J. Gleason denies oil and gas lease holders' motion to alter the judgment and motion to vacate the court's order dismissing their claims with prejudice. The lease holders asserted that the government's moratorium on activities related to the oil and gas leases in order to conduct supplemental environmental review caused loss of revenue and employment opportunities that would have come from development of the leases. The moratorium temporarily prevented the lease holders from developing its leases, and the leases were not “cancelled, rescinded, nullified, or otherwise undone.”
Court: USDC Alaska, Judge: Gleason, Filed On: February 22, 2024, Case #: 3:21cv245, NOS: Administrative Procedure Act/Review or Appeal of Agency Decision - Other Suits, Categories: Administrative Law, Environment
J. Fisher upholds defendant's conviction for entering the capitol building on January 6, 2021 and refusing to leave. She fails to show the judge's statements during her sentencing, in which the judge said her political beliefs were delusional, support her claim of judicial bias. Affirmed.
Court: DC Court of Appeals, Judge: Fisher, Filed On: February 22, 2024, Case #: 22-CM-0778 , Categories: Judiciary, Sentencing, Trespass
J. Horton finds the trial court improperly excluded a toxicology report showing the decedent was impaired at the time of a car collision in this wrongful death suit. The decedent's parents allege the driver of a flatbed truck was negligent for failing to keep a proper lookout and for blocking both lanes of travel when their daughter collided with the trailer at more than 90 mph. The report was probative and relevant to the jury’s decision regarding what percentage of fault to allocate to the decedent in apportioning the fault between both drivers. Reversed.
Court: Texas Courts of Appeals, Judge: Horton , Filed On: February 22, 2024, Case #: 09-21-00372-CV, Categories: Vehicle, Experts, Wrongful Death
J. Hiland finds the trial court properly convicted defendant for domestic battery based on sufficient evidence. Defendant's fiancé's toddler, who was found unconscious while with defendant, suffered a severe brain bleed, which led to the diagnosis of physical child abuse. Affirmed.
Court: Arkansas Supreme Court, Judge: Hiland , Filed On: February 22, 2024, Case #: CR-23-603, Categories: Evidence, Domestic Violence, Child Victims
J. Jones grants the mining company's motion for summary judgement as to the former employee's disability discrimination claims. At the time of his termination, the employee was not disabled under the Americans with Disabilities Act. Though the employee was in a work-related accident prior to his termination, available medical records provided by his doctor indicated he did not suffer a permanent disability.
Court: USDC Nevada, Judge: Jones , Filed On: February 22, 2024, Case #: 3:21cv495, NOS: Amer w/Disabilities-Employment - Civil Rights, Categories: Health Care, Employment Discrimination, Employment Retaliation