160 results for 'filedAt:"2023-08-03"'.
J. Diaz finds the lower court properly denied the defendant's motion for a sentence reduction. The quantity of crack cocaine the police obtained, his violent history in prison and the government's suspicion that he participated in an FBI informant’s murder add up to the defendant not qualifying for a reduction. Affirmed.
Court: 4th Circuit, Judge: Diaz, Filed On: August 3, 2023, Case #: 21-6829, Categories: Drug Offender, Sentencing
J. D'Auria finds that the lower court erred when it granted the petitioner's request for a writ of habeas corpus on ineffective assistance of counsel claims because a defense attorney is not required to advise a client whether or not to accept a plea offer; rather, the attorney is required to explain the strengths and weaknesses of the prosecution's case, as well as the chances for success at trial, to allow the client to make an informed decision about the plea. Therefore, because the attorney in this case met the aforementioned requirements, he provided effective assistance of counsel and the petitioner was not entitled to a writ of habeas corpus. Reversed.
Court: Connecticut Supreme Court, Judge: D'Auria, Filed On: August 3, 2023, Case #: SC20786, Categories: Habeas, Ineffective Assistance, Plea
J. Lawson denies the motion to modify the consent judgment in the complaint, which alleges the former city employees wrongfully sought to continue retiree health benefits. The proposed modifications would recapture assets and require the new trust to pay “pension benefit enhancements,” but nowhere in the original consent decree are terms that would allow such new obligations. Further, there is nothing that suggests the original consent decree was unjust or impossible to perform.
Court: USDC Eastern District of Michigan, Judge: Lawson, Filed On: August 3, 2023, Case #: 2:21cv12830, NOS: Other Civil Rights - Civil Rights, Categories: Employment
J. Golemon finds the trial court properly terminated both parents’ rights to their child. In a prior action for termination, the father tested positive for meth and both parents denied the mother was pregnant with the child. Their parental rights were terminated, and after the child’s birth, the parents hid him from the department. In the current action the department of protective services sought removal of the child upon report of the parents’ continued meth use, and the father says that Texas does not have jurisdiction as the child has never lived or been in Texas until removed in Louisiana. Evidence in the record supports the child’s home state as being Texas and all other evidence supports termination. Affirmed.
Court: Texas Courts of Appeals, Judge: Golemon, Filed On: August 3, 2023, Case #: 09-23-00103-CV, Categories: Family Law, Guardianship
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J. McShan finds that the lower court properly dismissed claims by a snowboarder injured from contact with a metal bolt protruding from a telephone pole at a state-owned ski center. The doctrine of assumption of risk applied to the downhill activity, and the snowboarder was off-trail, despite signs that the area was closed, when he made contact. Affirmed.
Court: New York Appellate Divisions, Judge: McShan, Filed On: August 3, 2023, Case #: 535297, Categories: Tort
J. Harris holds that the trial court was within its discretion to rely on out-of-court written statements to bind defendant over for trial on DUI and drug charges. Reliable hearsay includes written statements by declarants, but statute does not require that such statements be written by the declarant as long as the declarant acknowledges the content of the statement with a signature. Affirmed.
Court: Utah Court Of Appeals, Judge: Harris, Filed On: August 3, 2023, Case #: 20210890-CA, Categories: Confrontation, Evidence, Dui
J. Harris finds that the trial court properly held that a trustee breached his fiduciary duties in his handling of trust assets and excluded his expert witnesses, but a $250,000 damages award was unsupported by findings. The trial court also erred when it held the estate liable for the trustee's actions since a claim for vicarious liability was not pleaded or tried. The trial court should have applied extrinsic evidence of interest rates to a loan from the trust instead of default rates and it must revisit the offset determinations used in awarding damages. Vacated.
Court: Utah Court Of Appeals, Judge: Harris, Filed On: August 3, 2023, Case #: 20200808-CA, Categories: Trusts, Damages, Fiduciary Duty
J. Fox finds that the lower court properly denied the Twitter account creator's motion to dismiss a misappropriation claim under the anti-SLAPP provision because the political candidate showed a likelihood of success on the claim, given the mock Twitter account prevented him from using his own name on the site and was likely to harm his political and personal reputation. However, the lack of evidence of any coordinated efforts between the account creator and the Boulder, Colorado activist group prevented the candidate from establishing a likelihood of success on his civil conspiracy claim, which was properly dismissed. Additionally, the activist group will be considered a prevailing party for the purpose of attorney fees, and the case will be remanded to allow the court to consider the amount - if any - to which the group is entitled. Affirmed in part.
Court: Colorado Court Of Appeals, Judge: Fox, Filed On: August 3, 2023, Case #: 2023COA72, Categories: Anti-slapp, Attorney Fees
J. Bailey finds that the lower court improperly entered a final judgment and second partition decree in this partition case concerning certain land owned by the parties. Specifically, as to the second phase of the proceedings, it was erroneous to determine that the appellant's objections to the commissioners' report were untimely, as the file mark on the report showed the wrong date. Accordingly, he is entitled to a trial on his objections to the report. Reversed.
Court: Texas Courts of Appeals, Judge: Bailey, Filed On: August 3, 2023, Case #: 11-22-00054-CV, Categories: Civil Procedure, Real Estate
J. Joseph denies requests by two sets of property owners in central Louisiana for class certification of their land contamination suit against the owners of a now-closed pipe valve manufacturing plant. The property owners cannot show that common questions of law and fact predominate over individualized questions particularly with respect to how the issues of causation and damages would apply to each individual litigant. Viewing all the claims as a whole the most prominent legal and factual issues appear to relate to the cause of alleged personal injuries and damages rather than liability.
Court: USDC Western District of Louisiana , Judge: Joseph, Filed On: August 3, 2023, Case #: 1:21cv24, NOS: Torts to Land - Real Property, Categories: Civil Procedure, Damages, Class Action
J. Ikuta finds that the district court improperly dismissed defendant's third and fourth federal habeas corpus petitions, and remanded. Defendant was convicted in California state court of one count of conspiracy to commit murder and one count of attempted murder on an aiding and abetting theory, and sentenced to 56 years to life. His conviction and sentence were affirmed on appeal. Defendant could not previously raise resentencing question under his petition, therefore the panel concluded that the third and fourth habeas petitions were not second or successive.
Court: 9th Circuit, Judge: Ikuta, Filed On: August 3, 2023, Case #: 20-16290, Categories: Habeas, Murder
J. Foley finds the lower court properly convicted defendant of invasion of privacy for his second violation of a protective order and sentenced him to one year in prison with all but 120 days suspended to probation. While defendant alleges false statements were made regarding probable cause for his original charges, the instant court finds his argument is without merit, and his appellate brief failed to fully develop a legal argument. Affirmed.
Court: Indiana Court Of Appeals, Judge: Foley, Filed On: August 3, 2023, Case #: 23ACR832, Categories: Evidence, Restraining Order, Harassment
J. Weissmann finds the lower court improperly denied defendant’s motion to suppress evidence obtained without a warrant. The smell of marijuana led officers to defendant’s door one evening, where they proceeded to knock and speak to the defendant. Based on the strong marijuana odor coming from the home, officers removed defendant from his home and entered the dwelling without a warrant. Once inside, officers observed drug paraphernalia and a gun and a warrant was then sought. The instant court finds that responding officers lacked authority to enter defendant’s home without a warrant, and the subsequent warranted searches were tainted by the warrantless entry. The matter is remanded for further proceedings. Reversed.
Court: Indiana Court Of Appeals, Judge: Weissmann, Filed On: August 3, 2023, Case #: 22ACR2581, Categories: Drug Offender, Evidence, Search
J. Hamilton partially grants the police officers and city officials' motion for summary judgment in the protestors' suit alleging civil rights violations and injuries at protests of the death of George Floyd. Police officers' decision to shoot less-lethal munitions into a crowd could create unlawful-seizure claims for those struck, since firing their weapons toward the protesters was a "knowing and willful act that terminated [their] freedom of movement," regardless of the officers' intent to encourage protestors to disperse. Several protestors' claims are dismissed for reasons including inability to identify or incorrect identification of the officers who injured them and the officers' reasonable beliefs that the use of force was necessary to apprehend them. Five protestors have surviving claims.
Court: USDC Northern District of California, Judge: Hamilton, Filed On: August 3, 2023, Case #: 4:21cv1705, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, First Amendment, Police Misconduct
J. Hughes finds that the Court of Appeals for Veterans Claims properly denied the veteran’s claim for service connection for several conditions, including PTSD and a psychiatric disorder. There was insufficient evidence to confirm a link between his conditions and his service. Affirmed.
Court: Federal Circuit, Judge: Hughes, Filed On: August 3, 2023, Case #: 2022-1089, Categories: Government, Veterans
J. Lourie finds that the Court of Appeals for Veterans Claims properly denied the veteran's application for attorney fees and expenses under the Equal Access to Justice Act. There was no evidence the government acted inappropriately to support the award of costs. Affirmed.
Court: Federal Circuit, Judge: Lourie, Filed On: August 3, 2023, Case #: 2022-1531, Categories: Government, Veterans, Attorney Fees
J. Gilbert denies a motion for a protective order as to a testimony subpoena, brought by a third-party employee of the Cook County Inspector General’s Office. The employee claims giving his testimony in the underlying employment discrimination suit against the county would violate the deliberative process privilege, but the court disagrees.
Court: USDC Northern District of Illinois, Judge: Gilbert, Filed On: August 3, 2023, Case #: 1:21cv3935, NOS: Employment - Civil Rights, Categories: Civil Procedure, Employment, Discovery
J. Coleman finds the lower court improperly reversed the decision of a trial court. A police officer responding to an emergency call for a rollover collision was involved in a crash at an intersection. The driver of the vehicle that was struck filed suit on behalf of herself and her minor child who were both injured in the collision. The lower court found that the officer had acted with reckless disregard, but the trial court found that he did not; the instant court sides with the trial court, finding that sufficient evidence was presented to support its decision. Reversed.
Court: Mississippi Supreme Court, Judge: Coleman, Filed On: August 3, 2023, Case #: 2021-CT-00639-SCT, Categories: Evidence, Tort, Negligence
J. Smith finds a lower court improperly granted summary judgment to a board of trustees and labor unions for unpaid contributions from a contractor. The board of trustees and the labor unions argued that they are entitled to monetary relief and attorneys' fees. However, a contractor presented sufficient evidence in court that the trustees and labor unions failed to supply it with signature cards, and that it was not obligated to fork over supplemental dues as part of a collective bargaining agreement. Reversed.
Court: 8th Circuit, Judge: Smith, Filed On: August 3, 2023, Case #: 22-2138, Categories: Contract, Labor / Unions
J. Reynolds Fitzgerald finds that the lower court properly convicted defendant on his guilty plea to course of sexual conduct against a child. Defendant's claim that his request to withdraw the plea based on misinformation was belied by the plea colloquy, at which he offered no evidence of innocence, fraud or mistake in the plea's inducement. Affirmed.
Court: New York Appellate Divisions, Judge: Reynolds Fitzgerald, Filed On: August 3, 2023, Case #: 112088, Categories: Sex Offender, Plea
J. Nelson grants the disaster recovery corporation a temporary restraining order against its former employees in a trade secrets lawsuit. The corporation shows a likelihood of irreparable harm because the alleged actions of the former employees caused a mass resignation of employees from the corporation, which in turn has impacted ongoing projects and has led to discontent customers.
Court: USDC Oregon, Judge: Nelson, Filed On: August 3, 2023, Case #: 3:23cv1004, NOS: Other Contract - Contract, Categories: Fraud, Trade Secrets, Restraining Order
J. McShan finds that a police officer was properly denied performance of duty and accidental disability retirement benefits by the state. The officer failed to provide required written notice to his employer within 90 days of either of two claimed incidents, one for post-traumatic stress after coming into physical contact with a decomposing body and the other for jumping over a wall in a foot pursuit and falling 10 feet on the other side. Affirmed.
Court: New York Appellate Divisions, Judge: McShan, Filed On: August 3, 2023, Case #: 534978, Categories: Social Security, Tort
J. Herrera denies a motion to “exclude the administrative record or to proceed de novo” filed by two former employees of the New Mexico Department of Health after they both “encountered difficulties” obtaining administrative records relevant to their employment suit. Instead, this court will issue notices clarifying the former employees have “timely filed notices of appeal,” which the employees should then be able to use to obtain records from the State Personnel Office’s Adjudication Division without the need for a “more extraordinary remedy.”
Court: USDC New Mexico, Judge: Herrera, Filed On: August 3, 2023, Case #: 1:21cv1129, NOS: Family and Medical Leave Act - Labor, Categories: Civil Procedure, Employment, Government
J. Cote denies the employer's motion to dismiss employment retaliation claims, but dismisses the Black former executive's employment discrimination claims asserting she was not paid fairly relative to her white colleagues. The job responsibilities of various executives at the non-profit were too different to support a straight comparison of their salaries. However, a jury could find that she was fired, in part, for making a complaint of racial discrimination when asking for a raise.
Court: USDC Southern District of New York, Judge: Cote, Filed On: August 3, 2023, Case #: 1:22cv1136, NOS: Employment - Civil Rights, Categories: Employment Discrimination, Employment Retaliation