174 results for 'filedAt:"2023-07-12"'.
J. Seabright grants summary judgment to a Hawaii Police Department officer for false arrest claims brought by an individual he arrested for a sexual assault. The officer had probable cause to arrest the suspect based on the victim’s positive identification and other evidence, as he did not know at the time that the suspect was being monitored via ankle monitor. Although the suspect’s monitor showed that he was miles away, evidence indicated that the ankle monitor had been tampered with, granting the officer probable cause.
Court: USDC Hawaii, Judge: Seabright, Filed On: July 12, 2023, Case #: 1:21cv264, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Police Misconduct
J. Viviano finds that defendants did not breach the parties' contract upon selling a condo unit that had been in violation of building code requiring firewalls between condominium units because code violations at the time of sales not yet subject to official enforcement actions do not constitute an encumbrance.
Court: Michigan Supreme Court, Judge: Viviano, Filed On: July 12, 2023, Case #: 163741, Categories: Real Estate, Contract
J. Bass finds the trial court properly dismissed this defamation suit for want of prosecution brought by a lawyer who was accused of collusive litigation by his suing of a doctor who performed an illegal abortion in Texas with the intent of being sued, hoping it would result in the invalidation of the Texas abortion law as unconstitutional. The trial court issued an order setting a hearing, giving notice of the court’s intent to dismiss if a party failed to appear. Both parties failed to appear “because of their personal conflicts with one another.” Affirmed.
Court: Texas Courts of Appeals, Judge: Bass, Filed On: July 12, 2023, Case #: 12-22-00218-CV, Categories: Health Care, Defamation, Due Process
J. Marbley denies, in part, the arrested individual's motion in limine, ruling that while the Sixth Circuit determined in a previous appeal involving this case the arresting officers could be held liable for the malicious prosecution claim, that ruling was not a definitive statement that should preclude the defendants from offering evidence at trial that the prosecutor, not the officers, were behind the arrest. Meanwhile, because the videos of another individual claiming to be the driver of the arrested individual's car on the night of the chase have not been verified, the officers' motion to exclude them from trial will be held in abeyance.
Court: USDC Southern District of Ohio, Judge: Marbley, Filed On: July 12, 2023, Case #: 2:20cv1549, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Evidence, Malicious Prosecution
Want access to unlimited case records and advanced research tools? Create your free CasePortal account now. No credit card required to register.
Try CasePortal for Free
J. Arterton dismisses the Connecticut Army National Guard veteran's claim that the Department of Energy and Environmental Preservation violated the Connecticut Army National Guard veteran's Second Amendment right to self-defense by issuing a statewide ban on carrying firearms in state parks. The veteran does not face a credible threat of prosecution because he has not encountered an EnCon officer while in a state park or forest and the veteran testified that no one noticed that he carried a concealed firearm in the last year.
Court: USDC Connecticut, Judge: Arterton, Filed On: July 12, 2023, Case #: 3:23cv56, NOS: Other Civil Rights - Civil Rights, Categories: Constitution, Firearms
J. Maltese finds that the lower court properly denied the property owner's request for authorization to conduct an interview with a physician's assistant who treated the woman injured on its property. The property owner sought to question the physician's assistant about a statement the woman made about the cause of her accident, not about the treatment of her injury. Affirmed.
Court: New York Appellate Divisions, Judge: Maltese, Filed On: July 12, 2023, Case #: 03817, Categories: Tort, Discovery
J. Hendon finds the trial court properly entered final summary judgment in favor of the window and door manufacturer in the laborer's lawsuit stemming from injuries he suffered unloading a heavy shipment of windows and doors delivered to his employer by one of the manufacturer's employees. In part because the evidence in the record shows the manufacturer is not liable based on whether its employee strapped or did not strap the shipment to a forklift after delivery and the laborer tried to unload the shipment by himself despite his employer's rules stating such a heavy shipment requires at least two people to unload, there are no genuine disputes of fact contravening the trial court's ruling and the manufacturer is entitled to judgment as a matter of law. Affirmed.
Court: Florida Courts Of Appeal, Judge: Hendon, Filed On: July 12, 2023, Case #: 22-0824, Categories: Tort, Negligence
[Consolidated.] J. Chin finds that the district court improperly held that a bank's ex-employee could be compelled to arbitrate his termination and enjoined him from enforcing an Argentinian judgment holding that he was owed severance upon being unable to rejoin the Buenos Aires branch after losing his job in New York City. The court lacked subject matter jurisdiction because the Buenos Aires branch failed to establish its separate legal existence, and the corporate entity Citibank, the real party in interest, did not seek to substitute for the branch, leaving no adverse parties. Reversed.
Court: 2nd Circuit, Judge: Chin, Filed On: July 12, 2023, Case #: 22-424-cv(L), Categories: Arbitration, Employment, Jurisdiction
J. Lindsey finds the trial court's re-sentencing order subsequent to defendant's conviction of first-degree murder is constitutional. The Eighth Amendment violations defendant claims from his re-sentencing order do not apply in this case under Florida law and Florida Supreme Court precedent, and he was not entitled to re-sentencing on his homicide charge despite changes in law since his 1988 conviction entitling him to re-sentencing on related burglary and sexual battery charges. Affirmed.
Court: Florida Courts Of Appeal, Judge: Lindsey, Filed On: July 12, 2023, Case #: 19-0439, Categories: Constitution, Murder, Sentencing
J. McAuliffe grants a town’s motion for summary judgment against a police officer formerly employed by Salem, New Hampshire, who accused the town of defamation, infliction of emotional distress, conversion and unlawful disclosure of his confidential medical information after it denied him worker’s compensation benefits. The town did not commit defamation and is also not at fault for infliction of emotional distress, unlawful disclosure or conversion because the statements its agents made were to initiate further investigation as a normal part of judicial proceedings under a reasonable suspicion that the officer acted fraudulently.
Court: USDC New Hampshire, Judge: McAuliffe, Filed On: July 12, 2023, Case #: 1:22cv131, NOS: Other Civil Rights - Civil Rights, Categories: Defamation, Conversion, Workers' Compensation
J. Robie holds that the trial court improperly dismissed a complaint for trespass and injunctive relief against an elected tribal chairperson after it found that state courts lack jurisdiction over intra-tribal leadership disputes. No tribal dispute existed to deprive the trial court of jurisdiction since neither party challenged the validity of the suspension of the elected chairperson or the authority of the tribal council to act on behalf of the tribe in passing the suspension resolution. The property subject to the trespass claim is not tribal land but is owned in fee simple, and the suspended chairperson failed to show that federal law bars state courts of jurisdiction over property disputes between tribal members over non-tribal land. Reversed.
Court: California Courts Of Appeal, Judge: Robie, Filed On: July 12, 2023, Case #: C096097, Categories: Property, Native Americans, Jurisdiction
Per curiam, the appellate division finds that the lower court improperly refused to reinstate this fraud action. The court improperly dismissed the case for lack of prosecution without giving the parties prior notice or an opportunity to be heard on the matter. Reversed.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: July 12, 2023, Case #: 03767, Categories: Civil Procedure, Fraud
J. Hellman finds the trial court properly denied a couple’s motion for summary judgment on their counterclaims for breach of the easement agreement and declaratory relief and properly granted an individual's cross-motion for summary judgment in a mutual easement agreement case. “There was no genuine issue of material fact as to the meaning of the easement agreement.” Affirmed.
Court: Oregon Court of Appeals, Judge: Hellman, Filed On: July 12, 2023, Case #: A177265, Categories: Property
J. Hellman finds the Employment Appeals Board (EAB) properly applied eligibility requirements to pandemic unemployment assistance eligibility determinations. “Given the intersection of the CARES Act and 20 CFR 625, petitioner was not a ‘covered individual’ under the CARES Act because her weekly income from Bi-Mart exceeded her weekly unemployment benefit amount.” Affirmed.
Court: Oregon Court of Appeals, Judge: Hellman, Filed On: July 12, 2023, Case #: A176016, Categories: Employment, Covid-19
J. Devaney finds that the circuit court properly awarded damages to an airplane owner. The airplane was damaged when an individual sought rental of the aircraft and expressed interest in learning how to fly and assured the owner that he had insurance, which he did not possess. The individual failed to get the plane to an adequate takeoff speed and crashed into a ravine. The panel determined it had jurisdiction and affirmed on the merits of the matter. Affirmed.
Court: South Dakota Supreme Court, Judge: Devaney , Filed On: July 12, 2023, Case #: 2023SD34, Categories: Insurance, Property, Damages
J. Boomgaarden finds that the lower court properly issued an order modifying a father's child support. The mother claims on appeal that the lower court did not have enough information before calculating the father's net income, and that the court incorrectly calculated her income as well. But all of the information used by the court, such as tax stubs and W-2 forms, were all up to date and supported the court's final calculations. Affirmed.
Court: Wyoming Supreme Court, Judge: Boomgaarden, Filed On: July 12, 2023, Case #: S-22-0308, Categories: Family Law
J. Lindsey finds defendant's petition for habeas corpus based in part on alleged ineffective assistance of appellate counsel and constitutional violations by the trial court in his sexual battery case must be denied. Every one of the six counts in defendant's petition, which also include accusations of prosecutorial misconduct and illegal procedures with the photo lineup from which the victim identified him, should have been raised in his motion for post-conviction relief or on direct appeal, making them untimely.
Court: Florida Courts Of Appeal, Judge: Lindsey, Filed On: July 12, 2023, Case #: 23-0714, Categories: Constitution, Habeas, Sex Offender
J. Knepp II finds in favor of the automotive company for the former supervisor's claim that the company fired her, its only female supervisor, because she reported a fellow employee for screaming at her and threatening to fire her for how she handled a call-off from a subordinate. The automotive company had non-discriminatory reasons to fire the former supervisor, such as an incident where she called off work 15 minutes before her shift by claiming she was sick only to be seen driving a short while later in a convertible with loud music.
Court: USDC Northern District of Ohio, Judge: Knepp II, Filed On: July 12, 2023, Case #: 3:21cv1823, NOS: Employment - Civil Rights, Categories: Employment Discrimination, Employment Retaliation
J. Horton finds the trial court properly convicted defendant for food stamp fraud, sentencing him to 27 years in prison. Defendant alleges that he wasn’t given proper notice to allow him to mount a defense, though the indictment and available discovery provided defendant with adequate notice. Defendant did not object when coconspirators were called to testify while there was no accomplice-witness instruction. He fails to show egregious harm resulting from the omission. Affirmed.
Court: Texas Courts of Appeals, Judge: Horton, Filed On: July 12, 2023, Case #: 09-21-00155-CR, Categories: Evidence, Fraud, Due Process
J. Griggsby grants a commercial contractor its motion to dismiss allegations of admiralty tort brought by a utility company after the contractor began excavation to extend an existing private pier and damaged a buried electrical cable. Because the company fails to establish that the cove in which the damage occurred is a navigable water of the U.S. or that the damage is disruptive to maritime commerce, the complaint is dismissed.
Court: USDC Maryland, Judge: Griggsby, Filed On: July 12, 2023, Case #: 1:22cv696, NOS: Marine - Torts - Personal Injury, Categories: Admiralty, Maritime, Jurisdiction
J. Gaziano finds that no errors were made in convicting defendant of premeditated murder and unlawful possession of a firearm. The victim’s drug possession and dealing was properly excluded from the defendant’s prior trial because being a drug dealer on its own doesn’t provide a third-party culprit defense, and it was also not an error to include that the defendant’s codefendant was in possession of a firearm eight months before he and defendant participated in the murder because the specific firearm hadn’t been ruled out as the murder weapon.
Court: Massachusetts Supreme Court, Judge: Gaziano, Filed On: July 12, 2023, Case #: SJC-13131, Categories: Evidence, Firearms, Murder
J. Walker finds that the board of immigration appeals should have remanded a deportation decision due to ineffective assistance and family hardship. The prior law firm's poor performance was readily recognized, having been the target of several subsequent disciplinary filings, but the prejudicial effect upon plaintiff's hardship claims had not been evaluated. On remand, the board should distinguish between hardship evidence that was previously available and new evidence, and whether the former can form the basis for a prejudice claim.
Court: 2nd Circuit, Judge: Walker, Filed On: July 12, 2023, Case #: 21-6043-ag, Categories: Civil Procedure, Immigration
J. Peterson finds that the lower court properly convicted defendant of aggravated driving under the influence. His speedy trial rights were not violated by the state's filing of additional felony charges stemming from the same incident a year after the initial indictment. The 160-day speedy trial period is available to defendants released on bail only if they make a demand for a trial, and defendant never made a demand. Affirmed.
Court: Illinois Appellate Court, Judge: Peterson, Filed On: July 12, 2023, Case #: 220055, Categories: Dui, Speedy Trial