124 results for 'filedAt:"2023-06-26"'.
J. Nugee finds a lower court properly ruled in favor of revenue and customs on a environmental company's claims for relief for tax losses in 2008. The environmental company, which runs a waste generations supplier, argued that it was entitled to carry- back of losses of profits for corporation tax. However, the tax authority presented sufficient evidence in court that the company is obligated to correctly calculate payable corporation tax on additional trading income. Affirmed.
Court: Her Majesty's Court of Appeal, Judge: Nugee, Filed On: June 26, 2023, Case #: CA-2022-1055, Categories: Tax
J. Loken finds a lower court properly sentenced a defendant to 540 months in prison after he pleaded guilty to carjacking that resulted in a female passenger's death, discharging a firearm in furtherance of a crime of violence resulting in death, and two counts of tampering with witnesses. The defendant, who shot and killed the female passenger, argued that the lower court erred in imposing a mandatory consecutive sentence for her murder. However, the government presented sufficient evidence in court that his crime was a cold- blooded murder, in which he attempted to conceal, and that his alleged lack of childhood role models bears no weight, based on his devoid of "value of human life." Affirmed.
Court: 8th Circuit, Judge: Loken, Filed On: June 26, 2023, Case #: 22-2158, Categories: Firearms, Murder, Witnesses
J. Bustamante finds that the lower court improperly ruled that a landlord and tenant owed no duty to a decedent who was hit and killed by a bus adjacent to the property owned and used by the defendants. The owner and occupier of land next to a roadway have a duty to provide “reasonable safety features on the premises for the benefit of its invitees coming to and going from the property during times when it is naturally dark.” Reversed.
Court: New Mexico Court of Appeals, Judge: Bustamante, Filed On: June 26, 2023, Case #: A-1-CA-39694, Categories: Landlord Tenant
J. Baca finds that the lower court improperly suppressed evidence and quashed a search warrant issued by the metropolitan court in a criminal case that was pending trial in the district court. The characterization of the defendant as a “suspect” rather than “defendant” and the offmission from the affidavit of pending charges against him “did not affect the material facts establishing probable cause in support of the issuance of the search warrant.” Reversed.
Court: New Mexico Court of Appeals, Judge: Baca, Filed On: June 26, 2023, Case #: A-1-CA-39198, Categories: Evidence
J. Bustamente, in a case arising from a vehicle collision that caused one death and several injuries, finds that the lower court improperly denied state Department of Transportation’s bill of costs requesting $23,058. The lower court must file an amended order in which it specifies the reasons for denying the costs. Reversed in part.
Court: New Mexico Court of Appeals, Judge: Bustamente, Filed On: June 26, 2023, Case #: A-1-CA-40113, Categories: Vehicle
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J. Dwyer finds that the lower court improperly required the disclosure of unredacted records regarding the identities of current or former police officers for the City of Seattle who were investigated for potential unlawful conduct during the events of the January 6 Capitol riots. The officers are entitled to their names being private in the public records, as they are not "relegated to a watered-down version" of the First Amendment. They may proceed anonymously in the case. Reversed in part.
Court: Washington Court Of Appeals, Judge: Dwyer, Filed On: June 26, 2023, Case #: 83700-1-I, Categories: Public Record, Discovery, First Amendment
J. Whitehead grants the city's motion for a protective order blocking the arrestee from deposing Tacoma Mayor Victoria Woodards and Tacoma Police Chief Avery Moore for his lawsuit, which alleges that the city's police officers arrested him based on a suspect description and then unreasonably slammed him onto a picnic table. There is no need to depose Woodards and Moore because the arrestee does not argue that they have first-hand information that he cannot obtain from other witnesses or discovery means that would not inconvenience the city by taking time away from high-raking officials.
Court: USDC Western District of Washington, Judge: Whitehead, Filed On: June 26, 2023, Case #: 3:22cv5106, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Discovery
Per curiam, the appellate division finds that the lower court improperly held that a handful of challenged absentee ballots cast in the March village election should not be opened or counted. Candidates running for office contend the ballots had been cast by nonresidents who had been organized to register by a religious congregation, but the matter must be remitted because the challenge concerned not absentee ballots but voter qualifications, and they had not been named as necessary parties. Reversed.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: June 26, 2023, Case #: CV-23-0859, Categories: Civil Procedure, Elections
J. Wilson finds that the lower court improperly granted defendant's motion to suppress his confessions to two different robberies based on the fact that the arresting officer was outside his jurisdiction. There is no Fourth Amendment violation if the arresting officer has probable cause for the warrantless arrest, even when the felony was not committed in the arresting officer's presence. Reversed.
Court: Missouri Supreme Court, Judge: Wilson, Filed On: June 26, 2023, Case #: SC99886, Categories: Constitution, Robbery, Search
J. Piersol grants in part and denies in part a motion to compel arbitration concerning an agricultural marketplace sellers agreement. The farm operator is compelled to arbitrate the agriculture technology company's counterclaims for the legitimacy of certain contracts. The company's motion seeking dismissal is otherwise denied.
Court: USDC South Dakota, Judge: Piersol, Filed On: June 26, 2023, Case #: 4:23cv4023, NOS: Arbitration - Other Suits, Categories: Agriculture, Arbitration
J. Feldman finds that the lower court improperly denied the City of Olympia's request to toss a petition challenging a city ordinance that increased the permitted types of housing in residential districts. The ordinance is exempt from legal challenges such as this under the State Environmental Policy Act. Reversed.
Court: Washington Court Of Appeals, Judge: Feldman, Filed On: June 26, 2023, Case #: 85048-2-I, Categories: Environment, Municipal Law, Housing
J. Skretny allows a nun who served at a college as professor and archivist to continue claims contending she had been fired due to her religion. However, evidence did not indicate she suffered age discrimination even though the college retained four employees in their 30's since the nun had been fired due to plummeting student enrollment. At the same time, invoking student enrollment as the reason for firing her as an archivist was pretextual.
Court: USDC Western District of New York, Judge: Skretny , Filed On: June 26, 2023, Case #: 1:20cv22, NOS: Employment - Civil Rights, Categories: Employment Discrimination
J. Nguyen vacates defendant's sentence and remands for resentencing in a case in which defendant pleaded guilty to being a felon in possession of a firearm. The lower court erred when it increased the offense level based on a finding that defendant's prior Montana conviction for partner or family member assault (PFMA) qualified as a crime of violence under the sentencing guidelines. PFMA's definition of “bodily injury” includes more conduct than the “use of physical force.” Because the court must determine whether PFMA categorically requires violent force and not whether defendant actually used it in his prior offense, PFMA is not a crime of violence under the sentencing guidelines. Vacated.
Court: 9th Circuit, Judge: Nguyen , Filed On: June 26, 2023, Case #: 22-30050, Categories: Firearms, Sentencing
J. Mays grants the individual police officer's motion for summary judgment in this lawsuit arising from a traffic stop, in which the passenger was arrested and now asserts claims for false imprisonment and excessive force. Body-camera footage from the stop shows that she was not tackled, and the individual officer in question did not open her car door or "take her phone or other possessions." Her First Amendment retaliation claim also fails, since the officers never told her to stop filming with her phone.
Court: USDC Western District of Tennessee , Judge: Mays, Filed On: June 26, 2023, Case #: 1:20cv1145, NOS: Other Civil Rights - Civil Rights, Categories: Civil Procedure, Civil Rights
J. Rickman finds that the trial court improperly ruled in favor of the county in an injunctive relief action brought by the couple. The action arose after the county issued a letter demanding the couple remove a gate impeding access to a portion of a road which was condemned by the government. The trial court incorrectly found that the action was barred by the doctrine of sovereign immunity. The county's ownership interest in the disputed property had ended. The couple's claims that the county threatened to remove or damage the gate to the property created an inverse condemnation claim and sovereign immunity was therefore waived. Reversed.
Court: Georgia Court of Appeals, Judge: Rickman, Filed On: June 26, 2023, Case #: A23A0193, Categories: Property, Restraining Order
J. Almonte compels arbitration in claims contending a company's ear buds caused scabbing, flaking, and pain in plaintiff's ear because plaintiff had been presented with the arbitration agreement on the limited warranty website, including instructions on how to opt out.
Court: USDC New Jersey, Judge: Almonte , Filed On: June 26, 2023, Case #: 2:21cv15639, NOS: Other Fraud - Torts - Personal Property, Categories: Arbitration, Product Liability
J. Irion finds that the trial court must hold a full resentencing hearing under its inherent power to correct a legally unauthorized sentence. Defendant's sentence for indecent exposure and illegal drug possession includes multiple components that cannot be addressed by simply correcting a clerical error. Vacated.
Court: California Courts Of Appeal, Judge: Irion, Filed On: June 26, 2023, Case #: D080633, Categories: Sentencing, Sex Offender
J. Black grants the injured patient's motion to stay proceedings, ruling that because other litigation involving the same insurance company and surgeon is farther along and will help to clarify critical issues in this case, the declaratory judgment action filed by the insurer must be stayed pending the outcome of the other case.
Court: USDC Southern District of Ohio, Judge: Black, Filed On: June 26, 2023, Case #: 1:22cv122, NOS: Insurance - Contract, Categories: Civil Procedure, Health Care, Insurance
J. Seymour finds that that the lower court properly convicted defendant of drug possession. Defendant claims that the officers lacked reasonable suspicion for the stop that led to the discovery of drugs in his car. However, based on defendant driving recklessly without a seat belt, officers suspecting he may not have a valid license, and smells coming from the car, the officers had enough cause to carry out their search. Affirmed.
Court: 10th Circuit, Judge: Seymour, Filed On: June 26, 2023, Case #: 22-5053, Categories: Drug Offender, Search
J. Currault grants a request by United Parcel Service (UPS), ordering a Target employee to question a UPS driver at the UPS headquarters at Atlanta, not in the New Orleans area where the Target employee was allegedly injured when the UPS driver moved his truck. The Target employee has offered no reason to justify departure from holding his deposition at the UPS Atlanta headquarters.
Court: USDC Eastern District of Louisiana , Judge: Currault, Filed On: June 26, 2023, Case #: 2:23cv392, NOS: Other Personal Injury - Torts - Personal Injury, Categories: Civil Procedure, Jurisdiction, Discovery
J. Feuer finds that a vehicle manufacturer cannot enforce an arbitration clause in a sales contract because a consumer's claims were based on the manufacturer's warranty, not the sales contract between the dealer and the consumer. Also, the sales contract was not intended to benefit the manufacturer. Affirmed.
Court: California Courts Of Appeal, Judge: Feuer, Filed On: June 26, 2023, Case #: B320477, Categories: Arbitration, Warranty
J. Nguyen grants a petition for review of a decision of the Board of Immigration Appeals. An immigrant's misrepresentations about his citizenship to police officers for the purpose of avoiding removal proceedings did not render him inadmissible and therefore ineligible for adjustment of status.
Court: 9th Circuit, Judge: Nguyen, Filed On: June 26, 2023, Case #: 21-70431, Categories: Immigration
Per curiam, the Fifth Circuit finds the trial court properly convicted defendant for possession of meth with the intent to distribute after he was pulled over while driving away from a surveilled “drug house” which a passenger had briefly entered and exited. Defendant was found to be in possession of 30 grams of meth in individual baggies; he admits this and only contests the conviction for intent. Intent may be inferred from the drug’s quantity, purity and value. The quantity was inconsistent with personal use and does not raise the inference without other evidence. Affirmed.
Court: 5th Circuit, Judge: Per curiam, Filed On: June 26, 2023, Case #: 22-40107, Categories: Drug Offender, Evidence, Intent
J. Chuang grants the National Security Agency its motion for summary judgment following the request for the disclosure of records under the Freedom of Information Act. The petitioner traveled to “a hostile foreign country” in 1996 as an employee of the NSA, and he and a coworker both developed a rare form of Parkinson's disease 10 years later. The NSA claims to have no evidence of whether or not the petitioner was exposed to a weapon designed to emit continuous microwaves in enemy living quarters, thereby potentially “causing numerous physical effects, including a damaged nervous system.” However, the NSA has properly classified the requested information because revealing it could threaten national security.
Court: USDC Maryland, Judge: Chuang, Filed On: June 26, 2023, Case #: 8:22cv153, NOS: Freedom of Information Act (FOIA) - Other Suits, Categories: Government, Agency, Military