139 results for 'filedAt:"2023-07-21"'.
J. Funke finds the district court properly upheld the decision of the Nebraska Department of Correctional Services Appeals Board affirming the decision of the Institutional Disciplinary Committee sanctioning the inmate for drug use while in prison. Though all evidence supports the misconduct charge, the inmate was never drug-tested. Nothing in the record calls the reliability of the detaining officer’s observations of evidence in the inmate’s cell into question. She was present and able to observe both the drug paraphernalia and the inmate’s behavior and appearance. The officer’s report is fully corroborated, and drug-testing was not required. Affirmed.
Court: Nebraska Supreme Court, Judge: Funke, Filed On: July 21, 2023, Case #: S-22-754, Categories: Drug Offender, Evidence, Prisoners' Rights
J. Flaum finds that the lower court properly rejected a state attorney candidates' civil rights lawsuit against various public officials following his loss to the incumbent. The town chief of police did not violate any law by posting a photo on the official police department Facebook page endorsing the incumbent candidate. Affirmed.
Court: 7th Circuit, Judge: Flaum, Filed On: July 21, 2023, Case #: 22-2404, Categories: Civil Rights, Elections, Technology
J. Kim finds that a temporary judge who was appointed by stipulation lacked jurisdiction to rule that a husband had provided an accounting of stock that was the subject of their dissolution agreement. The wife withdrew her motion for an accounting prior to the termination date of the judge's appointment and the judge lacked jurisdiction to restore the accounting based on a motion the husband filed after the end of the appointment. Reversed.
Court: California Courts Of Appeal, Judge: Kim, Filed On: July 21, 2023, Case #: B313469, Categories: Family Law, Jurisdiction
J. Tapp denies the parties summary judgment in takings claims because genuine issues remain in dispute as to whether the railroad would have abandoned the property had the U.S. not intervened.
Court: Court of Federal Claims, Judge: Tapp, Filed On: July 21, 2023, Case #: 19-875L, Categories: Property
Per curiam, the Fifth Circuit finds the district court properly convicted defendant for assaulting a federal officer, transporting aliens for profit, and aiding and abetting. Defendant fled after an undocumented Guatemalan citizen exited his vehicle during questioning at a traffic stop, dragging an officer. Following his later arrest, defendant admitted that he had been paid to transport aliens and also that he had fled, striking the officer. Sentencing guidelines regarding the scope of defendant’s conduct provides that “all acts committed … in the course of attempting to avoid responsibility” are subject to offense-specific adjustments. That he fled to avoid liability for the transporting offense is not in dispute, meaning the attendant harms to pursuing officers are subject to offense-specific adjustments. Affirmed.
Court: 5th Circuit, Judge: Per curiam, Filed On: July 21, 2023, Case #: 22-50457, Categories: Immigration, Assault, Escape
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J. Soto finds that a lower court properly convicted defendant of aggravated robbery. Defendant argues that the lower court improperly excluded evidence allegedly showing that the robbery victim had threatened defendant because of his sexuality, but in court defendant was able to examine the theory that he was threatened, including through cross-examination, making this alleged error "harmless." Affirmed.
Court: Texas Courts of Appeals, Judge: Soto, Filed On: July 21, 2023, Case #: 08-22-00240-CR, Categories: Evidence, Fair Trial, Robbery
J. Prescott finds that the lower court properly granted a motion to strike two counts in this defamation dispute brought by a former husband against his former wife’s mother and stepfather. The former husband failed to plead reputational harm, and all four elements of defamation. Affirmed.
Court: Connecticut Court Of Appeals, Judge: Prescott, Filed On: July 21, 2023, Case #: AC 45400, Categories: Defamation
J. Villanti finds that the trial court improperly denied a mother's motion to retroactively reinstate child support and enter an income deduction order because statute does not indicate such an order would be unnecessary on grounds that the father is self-employed. Reversed.
Court: Florida Courts Of Appeal, Judge: Villanti, Filed On: July 21, 2023, Case #: 2D22-2335, Categories: Family Law
J. Harvey denies, in part, a property owner, contractor and subcontractor's motion to dismiss a townhome owner's claims related to their construction of a neighboring condo building, which he says has damaged his home. The individual has sufficiently made allegations to support his negligence and trespass claims.
Court: USDC District of Columbia, Judge: Harvey, Filed On: July 21, 2023, Case #: 1:21cv2112, NOS: Torts to Land - Real Property, Categories: Property, Negligence
J. Barnett finds the United States Department of Commerce properly categorized and calculated costs in its thirteenth administrative review of antidumping duty orders for certain activated carbon from the People’s Republic of China. Affirmed.
Court: Court of International Trade, Judge: Barnett, Filed On: July 21, 2023, Case #: 23-109, Categories: Commerce
[Consolidated.] J. Millett dismisses two petitions challenging the Federal Energy Regulatory Commission's approval of the construction of a natural gas compressor station in Weymouth, Massachusetts. The petitioners lack Article III standing in one petition, and the district court lacks statutory jurisdiction over the second petition.
Court: DC Circuit, Judge: Millett, Filed On: July 21, 2023, Case #: 22-1146, Categories: Environment, Jurisdiction
J. Jenkins partially grants BMW’s motion to dismiss an amended patent infringement complaint brought against it by a auto part manufacturer. The court dismisses the claims related to three individual patents — for engine valve timing calculation methods, an electronic throttle control system and a power consumption measuring device — and dismisses another complaint until the part manufacture can address the court’s questions of jurisdiction, but allows the other claims to survive.
Court: USDC Northern District of Illinois, Judge: Jenkins, Filed On: July 21, 2023, Case #: 1:22cv3804, NOS: Patent - Property Rights, Categories: Patent, Business Practices
J. Asplen finds a lower court properly dismissed two university professors' breach of duty claims against a university pension scheme. The professors argued that the university directors undervalued a private pension scheme, which resulted in monetary loss. However, the university pension scheme provided sufficient evidence in court that the professors do not have standing based on the lack of shareholders. Affirmed.
Court: Her Majesty's Court of Appeal, Judge: Asplen, Filed On: July 21, 2023, Case #: CA-2022-1798, Categories: Education, Employment, Pensions
J. Childs upholds the district court's denial of an inmate's motion for compassionate release. There are no extraordinary or compelling reasons warranting release. Affirmed.
Court: DC Circuit, Judge: Childs, Filed On: July 21, 2023, Case #: 21-3074 , Categories: Sentencing
J. Higginbotham finds the district court improperly entered summary judgment in favor of the prosthetic manufacturer in this product liability suit arising from an implant surgery resulting in a severe infection requiring removal of the device. Though the company later advised hospitals as to certain devices being subject to “cleaning processes that could result in elevated levels of bacteria,” the district court found the claims were prescribed, and that no evidence showed unreasonable danger. But the record is unclear as to whether complications ended after removal, such that the patient’s recovery would have alerted him to fault before the manufacturer’s advisement. Relevant questions are best left to a jury. Reversed and remanded.
Court: 5th Circuit, Judge: Higginbotham, Filed On: July 21, 2023, Case #: 22-30405, Categories: Health Care, Product Liability, Discovery
J. Gray finds that the lower court properly denied defendant's request for a presentence
time served credit regarding his drug sentences. The lower court properly credited defendant with time served in two of his criminal cases, but that does not entitle him to time served in a separate third case. Affirmed.
Court: Wyoming Supreme Court, Judge: Gray, Filed On: July 21, 2023, Case #: S-23-0072, Categories: Drug Offender, Sentencing
J. Higginson finds that the district court properly found in favor of the employer as to this Americans with Disabilities Act suit brought by a former employee who was fired due to scheduling conflicts arising from his need to attend court-ordered substance abuse classes as a probation term for his third DWI citation. A supervisor stated that the employer would have accommodated him if he had requested time off as vacation. He also explained that if the company's Employee Assistance Program had recommended the classes, the shifts would have been covered. The employee did not request a reasonable accommodation for his disability. Affirmed.
Court: 5th Circuit, Judge: Higginson , Filed On: July 21, 2023, Case #: 22-50064, Categories: Ada / Rehabilitation Act, Employment Discrimination