170 results for 'filedAt:"2023-07-26"'.
J. Brennan finds that defendant was properly convicted of second-degree murder in the shooting death of the male driver of a van stopped in the next lane at a red light, but improperly convicted of attempted first-degree murder of the female passenger wounded in the incident. Simply put, the jury’s finding that defendant believed in the need for self-defense is a factual determination that precludes a finding of guilt for attempted first-degree murder. Reversed.
Court: Illinois Appellate Court, Judge: Brennan, Filed On: July 26, 2023, Case #: 210423, Categories: Firearms, Murder, Vehicle
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J. Tabor finds that defendant was properly convicted of theft and burglary after breaking into a series of storage units because the victim saw defendant enter the storage lot through a cut wire hole and later identified his stolen property in her van. Affirmed.
Court: Iowa Court Of Appeals, Judge: Tabor, Filed On: July 26, 2023, Case #: 21-1879, Categories: Burglary, Evidence, Theft
J. St. Eve finds that the district court properly ruled against a formerly imprisoned Rastafarian, barring his suit against Illinois corrections officials for the coerced shaving of his “unsearchable” dreadlocks. The former inmate, whose religious beliefs prohibit him from cutting his hair, acquiesced after the warden brought a tactical team and Mace to his cell and threatened to forcibly cut his hair. The former inmate concedes that his claim for injunctive relief is moot now that he is out of prison. He waived his claim for money damages from the prison officials in their official capacities without qualification. Pending “a fully developed” district court record, the appeal court declines to rule on whether a federal law concerning religious beliefs of institutionalized persons authorizes the formerly inmate to seek monetary damages from the prison officers in their individual capacities. Affirmed.
Court: 7th Circuit, Judge: St. Eve, Filed On: July 26, 2023, Case #: 22-2342 , Categories: Civil Rights, Constitution, Damages
J. Chun dismisses the developer's alleging that Starbucks manufactured and sold the developer's coffee-flavored lip balm after the developer and Mehmet Cengiz, also known as "Dr. Oz," pitched the product under the promise of confidentiality. The developer's claim is time-barred because it filed this action after the applicable statutes of limitations expired, and neither statutory tolling or equitable tolling apply because the developer does not allege that its claims are statutorily tolled or contain bad faith allegations.
Court: USDC Western District of Washington, Judge: Chun, Filed On: July 26, 2023, Case #: 2:22cv1501, NOS: Other Contract - Contract, Categories: Trade Secrets, Contract
J. Gibbons finds the lower court properly granted the paramedics' motion for summary judgment on the grounds of qualified immunity because their decision to stop live-saving treatment did not expose the victim to a "private act of violence" that would render them liable for her death. Although the victim eventually woke up in the funeral home after being placed in a body bag, her family members were not prevented from providing medical assistance after the paramedics left the home and the paramedics made no affirmative actions that would allow the estate to pursue a state-created danger theory of liability. Affirmed.
Court: 6th Circuit, Judge: Gibbons, Filed On: July 26, 2023, Case #: 22-1681, Categories: Civil Rights, Immunity, Wrongful Death
J. Ortega finds the trial court erred by denying an individual's special motion to strike under Oregon’s anti-SLAPP statute, regarding a doctor's claims filed after a patient informed him that she intended to file a civil complaint alleging that he had sexually assaulted her. The individual established that the doctor's claims arose out of protected activity, and that he “failed to establish that there is a probability that he will prevail on his tort claims by presenting substantial evidence to support a prima facie case on each claim.” Reversed.
Court: Oregon Court of Appeals, Judge: Ortega, Filed On: July 26, 2023, Case #: A176456, Categories: Anti-slapp
J. White denies wholesaler and its officers' motion for a new trial on the shareholder's intentional-misrepresentation and breach of fiduciary duty claims against them, and conditionally denies the motions for a new trial on a breach of contract claim and a punitive damages claim. The award of punitive damages is excessive, and so is remitted to the nominal amount of one dollar. Breach of contract damages are also excessive, and are remitted to to the amount of $17,099 rather than the original amount of $886,951.
Court: USDC Northern District of California, Judge: White, Filed On: July 26, 2023, Case #: 4:19cv2534, NOS: Other Fraud - Torts - Personal Property, Categories: Damages, Fiduciary Duty, Contract
J. White partially grants the shareholder's motion for an award of attorney fees and costs in his suit against the wholesaler and its officials alleging underpayment of distributions and undervaluing of the shareholder's stock. The shareholder is entitled to attorney fees, costs and expenses for his breach of contract claim, but not for his tort claims. An employee who signed a personal guarantee is also liable for these attorney fees.
Court: USDC Northern District of California, Judge: White, Filed On: July 26, 2023, Case #: 4:19cv2534, NOS: Other Fraud - Torts - Personal Property, Categories: Fraud, Attorney Fees
J. Holland grants in part an insured's motion to exclude some expert opinions in an insurance coverage dispute regarding a roof failure due to snow load. The insurance company did not cover the full amount that the insured submitted for a repair estimate. One expert "is instructing on
what the law is in Alaska as it pertains to an insurance bad faith claim, which an expert is not permitted to do," therefore some of that expert's opinions are excluded.
Court: USDC Alaska, Judge: Holland, Filed On: July 26, 2023, Case #: 4:20cv23, NOS: Insurance - Contract, Categories: Insurance, Experts
J. Burns finds that a marine cleaning service may pursue negligence claims against the Department of the Navy for allegedly failing to prevent a fire from destroying its equipment. The government argues that the claims in the lawsuit sound in contract and, therefore, the marine cleaning service was required to first exhaust its administrative remedies pursuant to the Contract Disputes Act. However, the cleaning service's claims "are entirely based in admiralty tort, thus falling within the purview of this court's jurisdiction."
Court: USDC Southern District of California, Judge: Burns, Filed On: July 26, 2023, Case #: 3:22cv741, NOS: Other Personal Property Damage - Torts - Personal Property, Categories: Admiralty, Government, Tort
J. Toro finds for the commissioner of internal revenue in this tax liability dispute because defendant failed to report a damages award that constituted taxable income.
Court: U.S. Tax Court, Judge: Toro, Filed On: July 26, 2023, Case #: 2023-97, Categories: Tax, Damages
J. Rodriguez upholds the trial court's refusal to suppress defendant's inculpatory statements during his hearing on drug charges. The officer did not unreasonably extend the traffic stop and had reasonable suspicion of other criminal activity to continue defendant's detention. Affirmed.
Court: Texas Courts of Appeals, Judge: Rodriguez, Filed On: July 26, 2023, Case #: 04-21-00424-CR , Categories: Drug Offender, Evidence
J. Colloton finds a lower court properly sentenced a defendant to 96 months in prison after he pleaded guilty to possession of a firearm a a previously convicted felon, but erred in its statement of reasons. The government argued that it complied with criminal procedures. However, the lower court failed to resolve the defendant's challenge to the presentence report concerning his membership in a gang. Remanded in part.
Court: 8th Circuit, Judge: Colloton, Filed On: July 26, 2023, Case #: 22-3275, Categories: Firearms, Sentencing, Gangs
Per curiam, the court of appeal finds that the trial court improperly denied defendant's request to modify his sentence for crimes committed as a juvenile because the court considered factors not in evidence as to defendant's rehabilitated status of defendant. Reversed.
Court: Florida Courts Of Appeal, Judge: Per curiam, Filed On: July 26, 2023, Case #: 2D22-642, Categories: Juvenile Law, Sentencing
J. Joyce finds the trial court erred when it allowed the prosecutor to impermissibly shift the burden of proof during rebuttal closing argument in an unauthorized use of a vehicle trial. “Given that the defense theory was that the state had failed to prove that defendant knew she did not have permission to take the vehicle, the prosecutor’s improper arguments encouraging the jury to disregard defendant’s testimony as uncorroborated were ‘harmful to the main theory of defendant’s case.’” Reversed.
Court: Oregon Court of Appeals, Judge: Joyce, Filed On: July 26, 2023, Case #: A177034, Categories: Prosecutorial Misconduct
J. Eaves finds that the intermediate court properly ruled that defendant, the grandfather of a 10-year-old child whom he sexually abused, is subject to a recent state statute allowing evidence of previous sexual assault in order to establish a pattern of behavior. Defendant sexually assaulted an adult male in 2010, and this outweighs the danger of unfair prejudice toward defendant. Affirmed.
Court: Supreme Court of Maryland, Judge: Eaves, Filed On: July 26, 2023, Case #: C-22-CR-19-000613, Categories: Criminal Procedure, Sex Offender
J. Kelley denies one real estate agency's motion to dismiss and partially grants another agency's motion to dismiss class action claims accusing them of violating the Fair Housing Act through their participation in a tenant-screening software. The real estate agency that developed the software argues that it is not at fault because housing providers make the final decision of whom to house, but this argument fails because the agency does not disclose the factors its software uses to "automate human judgment" or allow housing providers to change which factors are used. However, the tenants fail to provide substantial evidence that the agency has acted in an unfair way.
Court: USDC Massachusetts, Judge: Kelley, Filed On: July 26, 2023, Case #: 1:22cv10800, NOS: Housing/Accommodations - Civil Rights, Categories: Real Estate, Housing, Class Action