135 results for 'filedAt:"2023-09-05"'.
J. Wood finds the governor and other political entities are not entitled to sovereign immunity on due process and constitutional claims brought by bar owners for forced closures during the Covid-19 pandemic. The owners were not required to seek injunctive relief in their initial filings and could request damages without violating the previously upheld mandate to seek the least intrusive remedy available. Meanwhile, the complaint clearly implicates the bar owners' right to earn a living under the North Carlina Constitution and so the lower court properly denied the governor's motion to dismiss. Affirmed.
Court: North Carolina Court of Appeals, Judge: Wood, Filed On: September 5, 2023, Case #: COA22-571, Categories: Government, Immunity, Covid-19
J. Bernal finds in favor of the city against the towing company's claim that the city discriminated against the towing company in favor of other tow operators by intentionally giving other tow operators more toll calls. The towing company was only entitled to a "reasonably similar opportunity" as other contractors in the tow rotation system under its contract with the city, with no guarantee that each tow operator would receive the same number of tows. In 2017, the towing company received 19.1% of the total tows in rotation, which is the statewide average.
Court: USDC Central District of California, Judge: Bernal, Filed On: September 5, 2023, Case #: 5:20cv2506, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Contract
J. Pechman grants the joint stipulated motion between the environmental group and the building materials supplier for the entry of a consent decree arising from the environmental group's lawsuit, which alleges that the building materials supplier discharged polluted stormwater into navigable waters in violation of the Clean Water Act. Among other stipulations, the building materials supplier will vacuum sweep all outdoor paved surfaces of the facility at least once per week, and will also hand-sweep all indoor production areas of the facility at least once per day.
Court: USDC Western District of Washington, Judge: Pechman, Filed On: September 5, 2023, Case #: 2:21cv1636, NOS: Environmental Matters - Other Suits, Categories: Environment, Water
J. Horton finds that the lower court properly issued a declaratory judgment but improperly entered an injunction in this dispute over a property owner's use of his oceanfront property for short-term rentals. The lower court correctly determined that the rentals "violated a deed restriction," specifically as to the provision prohibiting "trade or business." However, the injunction lacked the required specificity, and the matter must be remanded for further proceedings. Affirmed in part.
Court: Maine Supreme Court, Judge: Horton, Filed On: September 5, 2023, Case #: 2023ME62, Categories: Civil Procedure, Real Estate, Business Practices
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J. Egerton finds that the trial court properly denied a mother's post-permanency petition for reunification services with her son. She forfeited her claim that a family services department failed in its duty under the Indian Child Welfare Act to inquire into the child's heritage. Her claim was extinguished by her failure to appeal the legal guardianship order. Affirmed.
Court: California Courts Of Appeal, Judge: Egerton, Filed On: September 5, 2023, Case #: B318674, Categories: Family Law, Native Americans
Vice Chancellor Glasscock finds that a pharmaceutical seller met the burden of assessing damages incurred due to supply shortages of a drug that treats prostate cancer because the seller proved "the quantum of cognizable damages" through a reliable and appropriate methodology and model, subject to certain adjustments.
Court: Delaware Chancery Court, Judge: Glasscock, Filed On: September 5, 2023, Case #: 2020-0953-SG, Categories: Damages
J. Higginbotham finds the district court properly denied qualified immunity to the Louisiana Corrections supervisory officials in this suit brought by a former inmate alleging that he was wrongfully detained for sixty days after the expiration of his prison sentence. Requiring "overdetained" inmates to rely on state habeas would deprive them of a remedy under the federal Constitution. Judge Higginbotham also states, "The problem is endemic in Louisiana, where the process for calculating release dates is so flawed... that roughly one in four inmates released will have been locked up past their release dates—for a collective total of 3,000-plus years." The officials are not entitled to qualified immunity. Affirmed.
Court: 5th Circuit, Judge: Higginbotham , Filed On: September 5, 2023, Case #: 22-30184, Categories: Civil Rights, Prisoners' Rights
[Consolidated.] Per curiam, the circuit finds that defendant Joseph Percoco's conviction of honest-services wire fraud, committed as a private citizen with deep ties to Governor Andrew Cuomo's administration, should be overturned. The Supreme Court held that jury instructions were erroneous and likely not harmless, and vacating the relevant count and remanding for dismissal would not affect defendant's conviction or sentence on two other counts. Affirmed in part.
Court: 2nd Circuit, Judge: Per curiam, Filed On: September 5, 2023, Case #: 18-2990(L), Categories: Fraud, Jury Instructions
J. Doughty denies requests by a Louisiana sheriff and the warden of a privately operated parish prison to dismiss claims of a pattern and practice of “tacit authorization” of both excessive force on manacled prisoners and denial of medical care for their injuries, resulting in constitutional violations. The brutality claims stem from a suit by an inmate who alleges specific facts about how deputies repeatedly struck his broken jaw while he was in restraints, on separate occasions. His denial-of- medical care claims relates to injuries from three separate stabbings by fellow inmates, including two attacks in one day. The authorities argued that prisoner’s claims should be dismissed because he had not exhausted his administrative remedies. However, the inmate has sufficiently alleged that the grievance procedures at the jail were unavailable to him because authorities refused to provide him with the necessary forms.
Court: USDC Western District of Louisiana , Judge: Doughty, Filed On: September 5, 2023, Case #: 1:22cv3198, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Constitution, Health Care
J. Stading finds the lower court improperly dismissed negligence claim against an insurance broker in a property insurance dispute. The property owner sufficiently alleges the broker, acting as his agent, improperly completed his insurance application, which resulted in the denial of his insurance claim. Reversed in part.
Court: North Carolina Court of Appeals, Judge: Stading, Filed On: September 5, 2023, Case #: COA22-1030, Categories: Insurance, Negligence
J. Thomson finds the appeals court properly reversed the lower court's refusal to bind over defendant for trial on drug possession charges. The court exceeded its authority when it analyzed the legality of the search that led to defendant's arrest. A district court has no authority to review the admissibility of evidence considered by a grand jury, and while this case deals with a judge at a preliminary hearing, both procedures share a common purpose and allow for the application of similar rules. Therefore, the time constraints of preliminary hearings, which do not allow for citation of caselaw or arguments by either party, prevent decisions like the one in this case, which should be reserved for discovery and trial motions. Affirmed.
Court: New Mexico Supreme Court, Judge: Thomson, Filed On: September 5, 2023, Case #: S-1-SC-38937, Categories: Drug Offender, Search
J. Branch denies the employer's petition for review of the National Labor Relations Board's finding that the employer unlawfully suspended and fired an employee for activity protected under the National Labor Relations Act. The employer, which provides security for NASA, failed to show that the employee's activities in relaying employee concerns about shift changes or in calling human resources about payment issues were for the purposes of collective bargaining or undermined the union's position as the bargainer. The board's application for enforcement of its order requiring the employer to offer to reinstate the employee and stop engaging in its unfair labor practices is granted.
Court: 11th Circuit, Judge: Branch, Filed On: September 5, 2023, Case #: 22-11339, Categories: Labor / Unions
J. Steigmann finds that the lower court properly granted the state's motion to dismiss a quit tam suit alleging that a state employee who works for the Illinois State Police Merit Board obtained her employment by misrepresenting her academic qualifications and submitted false overtime reports to the tune of $67,000. The plaintiff's complaint makes clear that her issue is with the Governor's office - which allegedly knew of and abetted the employee's alleged corruption - not with the state. Affirmed.
Court: Illinois Appellate Court, Judge: Steigmann, Filed On: September 5, 2023, Case #: 220622, Categories: Government, False Claims
J. Kirsch finds that the lower court properly convicted defendant of armed robbery. The court properly allowed defendant's wife to testify against him because she was a co-conspirator, so the spousal testimonial privilege does not apply. Affirmed.
Court: 7th Circuit, Judge: Kirsch, Filed On: September 5, 2023, Case #: 22-1502, Categories: Robbery, Witnesses
J. Moylan concurs with the lower court's decision to charge a bar customer with second-degree murder after he alleged stabbed someone, who died shortly after, outside the bar. The customer, on appeal, questions whether the evidence of video footage and the testimony of bar staff and other customers is legally sufficient and whether the judge abused his discretion by dismissing a juror. Upon review, although no one claimed to have seen the moment where the perpetrator stabbed the victim, multiple witnesses corroborated the customer's presence and physical description, as did the footage, and saw him running away just after the stabbing took place. Also, the judge was correct in replacing a juror as there was a potential conflict of interest since the juror was acquainted with some of the customer's family members. Affirmed.
Court: The Appellate Court of Maryland, Judge: Moylan, Filed On: September 5, 2023, Case #: C-21-CR-18-000464, Categories: Evidence, Jury, Murder
J. Morrison issues a preliminary injunction prohibiting RareBreed Triggers, an Texas-based gun parts manufacturer, from selling its FRT-15 forced-reset trigger devices, finding the federal government will most likely succeed on the merits of its claims that the device, which increases the rate of fire on AR-15-style firearms from semi-automatic to automatic, is an illegal machinegun under federal gun laws and that the manufacturer engaged in a conspiracy to deceive its customers by claiming falsely that the product is perfectly legal.
Court: USDC Eastern District of New York, Judge: Morrison, Filed On: September 5, 2023, Case #: 1:23cv369, NOS: Other Statutory Actions - Other Suits, Categories: Firearms, Injunction
J. Markle finds that the trial court properly convicted defendant of making terroristic threats and correctly denied his motion for a new trial. Sufficient evidence was presented to support defendant's conviction, including evidence that defendant threatened to stab his brother. Affirmed.
Court: Georgia Court of Appeals, Judge: Markle, Filed On: September 5, 2023, Case #: A23A0851, Categories: Threats
[Consolidated.] J. Nazarian agrees with the lower court's ruling that a group of residential property purchasers are not owed any amount they overpaid on tax sale properties, including any post-sale environmental citations and water charges. According to state tax law, any overage the purchasers paid goes to the previous property owners, which in this case was the City of Baltimore. Affirmed.
Court: The Appellate Court of Maryland, Judge: Nazarian, Filed On: September 5, 2023, Case #: 24-C-C-19-001233, Categories: Property, Tax
J. Collins finds the trial court erroneously denied defendant's motion to withdraw his guilty plea to eluding arrest. Its decision to impose a 30-day prison sentence on top of the 24-month suspended sentence was harsher than the one agreed to by the state and prejudiced defendant. Reversed.
Court: North Carolina Court of Appeals, Judge: Collins, Filed On: September 5, 2023, Case #: COA23-24, Categories: Sentencing, Plea
J. Flood finds the trial court properly dismissed the grandparents' action for custody of their grandchild. The mother's initial allowance of visitation and financial support did not grant them constitutionally protected status, given they were not in a romantic relationship or the parent of the child. Additionally, the death of the grandparents' son, the child's father, did not create a new family unit that would entitle them to custody, and because there are no allegations of abuse or neglect, they cannot bring claims for visitation or custody. Affirmed.
Court: North Carolina Court of Appeals, Judge: Flood, Filed On: September 5, 2023, Case #: COA23-163, Categories: Constitution, Evidence, Family Law
J. Douglas finds that the lower court properly affirmed a decision of the commissioner of the Department of Inland Fisheries and Wildlife to revoke or suspend an individual's hunting and guide licenses, after he was allegedly convicted of reckless conduct for shooting a deer that was within 100 yards of a residence. The commissioner correctly interpreted a statute requiring a mandatory revocation of his hunting license for a "minimum one-year period." Also, the hunter fails to succeed on his constitutionality arguments. Affirmed.
Court: Maine Supreme Court, Judge: Douglas, Filed On: September 5, 2023, Case #: 2023ME61, Categories: Constitution, Environment, Licensing
J. Conley finds in favor of the school district in the former teacher's lawsuit claiming he was forced from his job teaching fifth grade in part in violation of the Americans with Disabilities Act because the district did not do enough to accommodate lingering issues from a concussion he suffered. Due to his extended absences from work and multiple performance issues with running and organizing his classroom and curriculum, it is clear the teacher was unable to perform the essential functions of his job with or without accommodations, and his claims under the Americans with Disabilities Act fail. The teacher's claims under the Family and Medical Leave Act and Health Information Portability and Accountability Act also fail for standing reasons, and the school district's motion for summary judgment is granted.
Court: USDC Western District of Wisconsin, Judge: Conley, Filed On: September 5, 2023, Case #: 3:22cv247, NOS: Amer w/Disabilities-Employment - Civil Rights, Categories: Ada / Rehabilitation Act, Employment
J. Moeller finds that the district court properly concluded that a juvenile may not appeal a magistrate court's refusal to suppress drugs found in his wallet until he has been adjudicated a juvenile offender, which would bring him into the purview of the Juvenile Corrections Act. Affirmed.
Court: Idaho Supreme Court, Judge: Moeller, Filed On: September 5, 2023, Case #: 49619, Categories: Drug Offender, Juvenile Law, Search
J. Adelman denies the protester's motion for reconsideration of an order dismissing his lawsuit against the sheriff's office employees alleging unreasonable seizure and excessive force during his arrest while marching with a protest in June 2020 that blocked a Milwaukee interstate. In part because the protester has brought no evidence refuting the testimony or credibility of an officer who testified he was told over radio that the protester was the one who led the march onto the interstate, and because he also has not shown any other error in the prior dismissal order regarding whether the force used to tackle him was reasonable or the officers' entitlement to qualified immunity, his motion must be denied.
Court: USDC Eastern District of Wisconsin, Judge: Adelman, Filed On: September 5, 2023, Case #: 2:20cv1502, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Constitution
J. Trapp finds the rental company's failure to object to the jurisdictional factfinding of the Ohio Civil Rights Commission precludes it from challenging the commission's jurisdiction on appeal; therefore, that portion of the appeal is dismissed. However, the commission erroneously found the company violated housing discrimination laws regarding service animals because its conclusions of fact referenced the statute dealing with pets in general, not service animals. Reversed in part.
Court: Ohio Court Of Appeals, Judge: Trapp, Filed On: September 5, 2023, Case #: 2023-Ohio-3123, Categories: Civil Rights, Housing, Jurisdiction
J. Browning grants Warner Bros.' motion for partial summary judgment, ruling the signature of supernatural investigator Lorraine Warren on a trademark assignment sheet, which may have been forged, is immaterial. She had already sold the rights to "Seekers of the Supernatural" and other marks to New Line several years before, which gave them total ownership over all name and image rights. Meanwhile, the undisputed evidence in the record indicates numerous customers were confused about the source of books and videos depicting the paranormal investigators and sold by the individual defendant, which is sufficient to prove trademark infringement and unfair competition.
Court: USDC New Mexico, Judge: Browning, Filed On: September 5, 2023, Case #: 1:20cv62, NOS: Trademark - Property Rights, Categories: Evidence, Fraud, Trademark
J. Connolly grants Google judgment as a matter of law or a new trial after a jury found the tech giant liable for patent infringement through Play Music software on Google and third party electronic devices because plaintiff failed to adduce sufficient evidence of direct infringement with respect to the "sequencing file" construction term.
Court: USDC Delaware, Judge: Connolly, Filed On: September 5, 2023, Case #: 1:17cv1751, NOS: Patent - Property Rights, Categories: Patent