194 results for 'filedAt:"2024-03-15"'.
Per curiam, the appellate division finds that the trial court properly convicted defendant on weapons charges. The jury instruction properly excluded the defense of "temporary innocent possession of a weapon" because there was insufficient evidence to support such a defense, and statements made to police were properly admitted since there was a pronounced break between the custodial questioning by police. Affirmed.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: March 15, 2024, Case #: KA 23-00479, Categories: Weapons, Jury Instructions
Per curiam, the appellate division finds that the trial court properly convicted defendant of weapons and murder charges after a fatal shooting outside a restaurant. Evidence shows investigators informed defendant he was under arrest related to a murder and that defendant understood his Miranda rights. Further, defendant failed to preserve certain arguments, and the jury gave the evidence presented its proper weight. Affirmed.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: March 15, 2024, Case #: KA 17-00196, Categories: Miranda, Murder, Weapons
Per curiam, the appellate division finds that the trial court properly granted the petition to prohibit the prosecutor and judge from retrying the man on weapons charges and murder. Prosecutors have not shown that a mistrial was necessary due to a "grossly unqualified" juror, and a decision had not been reached on any of the charges. Affirmed.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: March 15, 2024, Case #: OP 23-01825, Categories: Jury, Murder, Double Jeopardy
Per curiam, the appellate division finds that the trial court improperly ruled in favor of the company on a complaint stemming from the construction worker allegedly getting injured after falling from a boom lift during spray painting. It is undisputed the worker fell from the lift and suffered injuries, and the company failed to show that the hazard of fumes is so extraordinary an issue that it relieves it of liability. Reversed.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: March 15, 2024, Case #: CA 23-00349, Categories: Negligence
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Per curiam, the appellate division finds that the trial court improperly declined to dismiss a complaint alleging that the landfill causes noxious odors that reduces the ability of the developer to sell homes nearby. The alleged damages suffered by the developer are similar to those claimed by other property owners surrounding the landfill, and the developer has not shown any tangible property damage or physical damage from the odors. Reversed in part.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: March 15, 2024, Case #: CA 23-00005, Categories: Negligence
J. Young finds that the court of appeals improperly ruled against the city of Dallas in a case concerning whether the city has the authority to implement term limits on the city's retirement fund board of directors. The city's term limits provision is a separate ordinance affecting another ordinance. Because the city did not amend the original ordinance, the board has no power to challenge the term limits. Reversed.
Court: Texas Supreme Court, Judge: Young, Filed On: March 15, 2024, Case #: 22-0102, Categories: Administrative Law, Government, Municipal Law
J. Males finds a lower court properly dismissed a Japanese owned container ship company's contract claims against a maritime salvage service. The container ship company argued that the salvage service did not perform one time salvage services, but instead performed services via a pre- existent contract. However, the salvage service sufficiently showed in court that that the container ship company is entitled to pay remuneration for successfully refloating the vessel. Affirmed.
Court: Her Majesty's Court of Appeal, Judge: Males, Filed On: March 15, 2024, Case #: CA-2023-798, Categories: Maritime, Damages, Contract
J. Estudillo dismisses all but one claim in the consumers' class action accusing Zoom Technologies of selling their personal information without consent. The consumers lack standing to pursue their Wiretap Act and Stored Communications Act claims. Their California Invasion of Privacy Act claim survives because the consumers adequately allege that the interception of their data took place in real time. However, because this is the only remaining claim, the consumers must show cause as to whether this claim meets the Class Action Fairness Act's requirements for this court to maintain jurisdiction.
Court: USDC Western District of Washington, Judge: Estudillo, Filed On: March 15, 2024, Case #: 3:22cv5453, NOS: Other Fraud - Torts - Personal Property, Categories: Communications, Privacy, Class Action
J. Lasnik orders Washington Secretary of State Steve Hobbs to conduct future elections according to a new remedial map, following a dispute over district boundaries that allegedly diluted the Latino community's voting power. The new map "provides Latino voters with an equal opportunity to elect candidates of their choice to the state legislature" and "keeps the vast majority of the lands that are of interest to the Yakama Nation together."
Court: USDC Western District of Washington, Judge: Lasnik, Filed On: March 15, 2024, Case #: 3:22cv5035, NOS: Voting - Civil Rights, Categories: Civil Rights, Elections
J. Kobayashi dismisses a complaint by a formerly jailed man against public defenders who he says did not verify his identity when he was wrongfully arrested and detained for several years on a warrant issued for a different name. The public defenders have 11th Amendment immunity. Additionally, the decision to call for a competency evaluation on the man, rather than investigate his claims of mistaken identity, was not an act of disability discrimination or legal malpractice because the man could not show the public defenders were motivated by malice. The decision is protected by conditional privilege and counts as an exercise of government discretion, as making that decision would have required the public defenders to also question the police and correctional facilities’ records.
Court: USDC Hawaii, Judge: Kobayashi, Filed On: March 15, 2024, Case #: 1:21cv456, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Ada / Rehabilitation Act, Legal Malpractice
J. St. Eve finds that the lower court properly convicted defendant of possession of marijuana and possession of a firearm as a felon. A jury could infer that defendant possessed the gun based on his responses to deputies' questions, and because it was in close proximity to him in the car on the day of the offense. Further, while defendant only acknowledged ownership of the bag with the drugs inside it, it is only logical that the second bag containing scales also belonged to him. Affirmed.
Court: 7th Circuit, Judge: St. Eve, Filed On: March 15, 2024, Case #: 23-1315, Categories: Drug Offender, Evidence
J. Hurd preserves claims for employment discrimination and retaliation brought against a healthcare while at the same time enters judgment in its favor on a claim for disparate pay. The litigant, a Black woman employed as a coding analyst, sufficiently alleges the decision to terminate her employment was pretext for race discrimination and in retaliation for her complaint for sexual harassment. The court says a jury will have to determine whether the sexual harassment she endured was sufficiently severe or pervasive to establish a claim for gender discrimination.
Court: USDC Northern District of New York, Judge: Hurd, Filed On: March 15, 2024, Case #: 5:20cv1382, NOS: Employment - Civil Rights, Categories: Employment Discrimination, Employment Retaliation
J. Pipkin finds that the trial court properly convicted defendant of criminal attempt to commit child molestation, trafficking of a person for sexual servitude and computer pornography. Sufficient evidence was presented to support the convictions, including evidence that defendant drove to meet a girl he believed was 14 years old and told her he wanted her to be his "pet" and "live-in maid with benefits." However, the trial court incorrectly convicted defendant of obscene internet contact with a child and criminal attempt to commit sexual exploitation of a child. Defendant's exchanges with the investigator posing as a child were not explicit verbal descriptions or narrative accounts addressed by the statute. Reversed in part.
Court: Georgia Court of Appeals, Judge: Pipkin, Filed On: March 15, 2024, Case #: A23A1610, Categories: Sex Offender
J. Stegall finds a lower court properly convicted the wife of a dependent adult, now deceased, for mistreatment and second-degree reckless murder. The wife and caregiver argued that she adequately cared for her husband of 45 years. However, the state presented sufficient evidence in court that she neglected to care for his wounds, failed to administer his medications, refused to help him to the toilet, and allowed him to starve, which resulted in his death. Affirmed.
Court: Kansas Supreme Court, Judge: Stegall, Filed On: March 15, 2024, Case #: 123650, Categories: Evidence, Elder Abuse, Negligent Murder
J. Griesbach grants one motion to dismiss and denies another in the Wisconsin-based firm's lawsuit against the Florida-based financial services company, the Nevada-based corporation and others alleging a conspiracy to get the firm to make a $1 million loan to the corporation using fraudulent carbon credits as leverage to secure the loan. It has not been established that the Florida-based company has sufficient contact with Wisconsin to establish personal jurisdiction, so it and its representatives are dismissed. Jurisdiction will be exercised over a Michigan-based consulting services company, and the sufficiently pleaded claims against it and its representatives will proceed.
Court: USDC Eastern District of Wisconsin, Judge: Griesbach, Filed On: March 15, 2024, Case #: 2:23cv717, NOS: Racketeer Influenced and Corrupt Organizations (RICO) - Other Suits, Categories: Fraud, Jurisdiction, Racketeering
J. Conley partially grants motions for summary judgment in the citizen's lawsuit against the police officers claiming unlawful search and seizure, illegal use of force, racial discrimination and other charges in connection with a traffic stop in which the citizen, who is Black and was on probation at the time, was pulled over after leaving a hotel known for illegal drug activity and had his car and hotel room searched, leading to drug and weapon possession charges against him. In part because genuine disputes of fact exist regarding whether the officer who originally pulled the citizen over had reasonable suspicion he had done anything illegal, that officer's motion for summary judgment is denied. Three other officers are granted summary judgment because they are entitled to qualified immunity, and two more officers are also awarded summary judgment because they were not involved enough in the citizen's claims.
Court: USDC Western District of Wisconsin, Judge: Conley, Filed On: March 15, 2024, Case #: 3:21cv65, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Constitution, Police Misconduct
J. Casper allows four science companies’ motion to dismiss a lawsuit brought by a man who claims they violated the False Claims Act by allegedly causing Moderna and Pfizer to submit false claims to the federal government. The man fails to state who, specifically, at these companies falsely certified good manufacturing standards compliance of their vaccines to the government.
Court: USDC Massachusetts, Judge: Casper, Filed On: March 15, 2024, Case #: 1:21cv10866, NOS: Qui Tam (31 U.S.C. § 3729(a)) - Torts - Personal Property, Categories: Health Care, False Claims, Covid-19
J. Johnson finds that the district court properly sentenced defendant on his guilty pleas to armed robbery with a firearm, access device fraud, aggravated assault with a firearm, illegal discharge of a firearm during a crime of violence and attempted second degree murder. In this case, there is no evidence that the pleas were improperly entered. Further, defendant was represented by counsel when he pled guilty and, under his plea agreement, he waived his right to appeal. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Johnson, Filed On: March 15, 2024, Case #: 2023-KA-0632, Categories: Sentencing, Plea
J. Pipkin finds that the juvenile court properly terminated the mother's parental rights to her two children. Sufficient evidence was presented to support the order, including evidence that the mother neglected one of the children and gave the other a bloody nose. The mother also failed to comply with a child support decree, failed to maintain stable housing and had mental health issues. Affirmed.
Court: Georgia Court of Appeals, Judge: Pipkin, Filed On: March 15, 2024, Case #: A23A1492, Categories: Family Law
J. Ervin-Knott finds that the trial court properly granted a property owner's petition for preliminary injunction preventing a development services company from entering the blighted property and doing construction work in an attempt to acquire the property. In this case, the owner presented undisputed evidence that it purchased the property in 2007 and maintained the property until the development services company initiated its attempt to obtain ownership of the property under La. R.S. 9:5633. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Ervin-Knott, Filed On: March 15, 2024, Case #: 2023-CA-0612, Categories: Property, Contract
J. Lawless denies both an independent administrator and a police officer's motion to bar testimony of each other's expert witnesses concerning police practices and excessive force claims. Both parties failed to sufficiently challenge the qualifications of each others' experts. The fact that an expert has testified in many other similar police misconduct cases does not make his testimony inherently questionable.
Court: USDC Central District of Illinois, Judge: Lawless, Filed On: March 15, 2024, Case #: 2:17cv2183, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Experts
J. Cornelius enters a judgment in favor of a former employee in this employment contract dispute claiming conspiracy, spoliation and declaratory judgment. The former employee joined the brokerage firm as a producer generating a large amount of revenue and became a shareholder within the first 18 months before resigning to work at another firm. The employee and the brokerage’s holdings firm won a nominal $1.00 award each, and the court directs the parties to submit briefs regarding any and all questions raised for the breach of the promissory note and request for attorney fees.
Court: USDC Northern District of Alabama , Judge: Cornelius, Filed On: March 15, 2024, Case #: 2:22cv174, NOS: Other Contract - Contract, Categories: Employment, Settlements, Contract
J. Trauger partially grants the defendants' summary judgment motion in this lawsuit brought by a Tennessee insurance agency and its owner, alleging breach of an oral agreement, as well as a written nondisclosure agreement, in connection with the purchase of premium financed life insurance policies. The defendants' motion is granted as to the alleged breach of an oral commission agreement and the breach of fiduciary duty claim. The plaintiffs' claim regarding the nondisclosure agreement remains pending against the corporate defendant.
Court: USDC Middle District of Tennessee , Judge: Trauger, Filed On: March 15, 2024, Case #: 3:19cv964, NOS: Other Contract - Contract, Categories: Civil Procedure, Insurance, Fiduciary Duty
J. Proctor grants an insurance company’s renewed motion for summary judgment in this general liability insurance dispute with a properties company and its owner. The insured failed to show that the insurer is duty bound for indemnification and failed to provide a reasonable excuse for delay notice. Therefore, the insurer is not obligated to defend or indemnify the insured with respect to underlying claims and arbitration.
Court: USDC Northern District of Alabama , Judge: Proctor, Filed On: March 15, 2024, Case #: 2:22cv738, NOS: Insurance - Contract, Categories: Insurance, Indemnification
J. Bennett grants the individual members of the Maryland Alcohol, Tobacco, and Cannabis Commission and denies the commission, its executive director and the attorney general’s motion to dismiss improper defendants in this Interstate Commerce Act complaint brought by a citizen and two out-of-state breweries. The citizen and breweries argue that the commission has unconstitutionally allowed in-state alcohol manufactures to ship their product directly to consumers, while prohibiting the out-of-state brewers from doing the same. The Direct Shipping Act is scheduled to expire June 30, 2024, and at that time this case may be dismissed. Therefore, until the direct shipping act expires the motion to dismiss the complaint in full is denied.
Court: USDC Maryland, Judge: Bennett, Filed On: March 15, 2024, Case #: 1:23cv2045, NOS: Constitutionality of State Statutes - Other Suits, Categories: Commerce, Constitution