121 results for 'filedAt:"2023-09-08"'.
J. Higginson finds the district court properly imposed the “standard” conditions of supervised release for defendant’s sentencing on his conviction for participating in a racketeering enterprise. The court satisfied the oral pronouncement requirement and there was no conflict with the written judgment. Affirmed.
Court: 5th Circuit, Judge: Higginson, Filed On: September 8, 2023, Case #: 22-20163, Categories: Sentencing, Racketeering
J. Stegner finds that the trial court properly compelled arbitration of a construction contract dispute. The builder did not waive its right to arbitration by first engaging in discovery and discussions about mediation. The right to seek arbitration is a contractual right subject to traditional contract interpretation, and the builder expressly preserved its right to arbitrate throughout the dispute. Affirmed.
Court: Idaho Supreme Court, Judge: Stegner, Filed On: September 8, 2023, Case #: 49637, Categories: Arbitration, Construction, Contract
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J. Lin dismisses the transport company's lawsuit alleging that David Danner, chair of the Washington Utilities and Transportation Commission, wrongfully passed a state statute that forced railroad companies to pay for the expenses to install upgraded safety devices at the rail grade crossing. The transport company's preemption claims fail as a matter of law because the regulation it cites to show that it is not responsible for the expenses focuses on construction, not maintenance.
Court: USDC Western District of Washington, Judge: Lin, Filed On: September 8, 2023, Case #: 3:22cv5544, NOS: Constitutionality of State Statutes - Other Suits, Categories: Constitution, Government, Transportation
J. Gilliam Jr. allows claims to continue against Gravity Defyer Medical Technology from a class of consumers who say the company misrepresents the pain relief benefits of its shoes. The company has already been sued by the FTC for misrepresenting clinical study results regarding the pain relief benefits of its shoes, and at this stage it's reasonable that consumers would be duped by the company website that promises relief. Consumers have also properly shown that they would not have bought the shoes had they known the promises were false.
Court: USDC Northern District of California, Judge: Gilliam Jr. , Filed On: September 8, 2023, Case #: 4:22cv5288, NOS: Other Fraud - Torts - Personal Property, Categories: Class Action, False Advertising
J. Schostok finds that the lower court properly upheld the board's decision to fire a tenured teacher after he was arrested for domestic battery, then lied about the incident when the board investigated. The board reasonably determined that honesty was a basic expectation of the teacher's employment and he willfully misled the board regarding his conduct. Affirmed.
Court: Illinois Appellate Court, Judge: Schostok, Filed On: September 8, 2023, Case #: 220453, Categories: Administrative Law, Employment
J. Heavican finds the trial court properly convicted defendant for four counts of first-degree murder, four counts of use of a weapon to commit a felony, and one count of attempted burglary. All evidence shows that defendant cut the victims’ throats during burglaries taking place five years apart. Certain assignments of error are barred, others are without merit. It cannot be determined on direct appeal whether counsel was ineffective in certain regards. Affirmed.
Court: Nebraska Supreme Court, Judge: Heavican, Filed On: September 8, 2023, Case #: S-18-979, Categories: Burglary, Murder, Weapons
J. Brodie finds in partial favor of a franchisee on a slew of claims brought by the franchise owner alleging it operated an illegal childcare and learning center in Long Island City by forging its childcare staff's background checks and medical clearance forms. Only two claims can move forward to trial, one for breach of an agreement to purchase the franchise location and the franchisee's own counterclaim for indemnification of attorney fees.
Court: USDC Eastern District of New York, Judge: Brodie, Filed On: September 8, 2023, Case #: 1:25cv2504, NOS: Truth in Lending - Torts - Personal Property, Categories: Fraud, Contract
J. Edwards finds that the lower court improperly entered a final judgment in this case concerning child custody and visitation. The hearings were meant to be on the issue of the mother's ex parte motion and "whether to extend the ex parte order" that temporarily suspended the father's visitation. Accordingly, the lower court erred by adjudicating "the entirety of the modification action." Reversed.
Court: Alabama Court of Civil Appeals, Judge: Edwards, Filed On: September 8, 2023, Case #: CL-2022-1290, Categories: Civil Procedure, Family Law
J. Wallis finds the trial court erred while handling certain expert testimony at defendant's trial on charges of second-degree attempted murder and discharging a firearm in public from a vehicle. The state committed a discovery violation by not disclosing before trial that its lead investigator was going to provide expert testimony about the victim's injuries and bullets used in the shooting, and the trial court should have ordered a hearing to determine if the discovery violation prejudiced defendant. Defendant's judgment and sentence are overturned and the case is remanded for a new trial. Reversed.
Court: Florida Courts Of Appeal, Judge: Wallis, Filed On: September 8, 2023, Case #: 21-2957, Categories: Firearms, Murder, Discovery
J. Hodge finds the superior court improperly denied defendant's petition for a writ of habeas corpus arriving seven years after an amended judgment increased his sentence for second-degree murder from 10 years to 20 years, running consecutively with a separate 10-year sentence for voluntarily manslaughter. Defendant has made a case for ineffective assistance of counsel based on his lawyer's failure to respond to prosecutors' motion to increase defendant's sentence for around nine months before the motion was granted, and the superior court was wrong to determine there was no reasonable probability that the outcome of defendant's proceeding would have been different if defendant's lawyer had opposed the motion. Because the relief sought by the state to increase defendant's sentence also violates the Fifth Amendment's double jeopardy clause, defendant's habeas petition is granted, and the case is remanded to the superior court to vacate the order modifying his sentence and reinstate his original sentence.
Court: Virgin Islands Supreme Court, Judge: Hodge, Filed On: September 8, 2023, Case #: 2023 VI 10, Categories: Habeas, Ineffective Assistance, Double Jeopardy
J. Greenwood finds that an executor and personal representative of an estate may not represent herself in a partition action over the estate. Her claims against third parties on behalf of estate beneficiaries cannot be made without counsel, and she may not pursue an appeal without counsel either, because she is representing the interests of both herself and others.
Court: California Courts Of Appeal, Judge: Greenwood, Filed On: September 8, 2023, Case #: H045037, Categories: Civil Procedure, Property, Wills / Probate
J. Pearson denies, in part, the waste disposal facility's motion to dismiss, ruling nuisance and negligence claims filed by neighboring individuals are not barred by the applicable 4-year statute of limitations. The facility's repeated EPA violations, including notices as recent as 2022, represent a continuing course of conduct that tolls the statute of limitations. However, because there is no evidence to support the owners' claim the facility intentionally created noxious fumes that drifted over the neighboring properties, the trespass claim must be dismissed.
Court: USDC Northern District of Ohio, Judge: Pearson, Filed On: September 8, 2023, Case #: 4:22cv1376, NOS: All Other Real Property - Real Property, Categories: Environment, Evidence, Class Action
J. Hummel grants the information technology company's motion to reopen discovery and permit late expert disclosure in a breach of contract lawsuit brought by a consulting company. The tech company discovered its need for an expert witness only 26 days before the end of the discovery period after determining the witnesses that the consulting company put forward were not in fact its employees, but rather employees working out of a subsidiary in India and, therefore, outside the court's reach. While the tech company could have acted sooner, it acted in good faith to find an available expert during that time.
Court: USDC Northern District of New York, Judge: Hummel, Filed On: September 8, 2023, Case #: 1:20cv508, NOS: Other Contract - Contract, Categories: Experts, Discovery, Contract
[Consolidated.] J. Markle finds that the trial court properly ruled in favor of the company in a negligence action brought by the drivers arising from injuries they suffered in traffic accidents caused by the company's employee during a period of suicidal behavior. The trial court correctly found that the supervising worker's conduct was not the proximate cause of the injuries due to the employee's intervening criminal conduct. The employee's act of stealing the company's van and driving into traffic was not a probable consequence of the worker's conduct in leaving the employee alone in the van. The employee later pleaded guilty to serious injury by vehicle, DUI and reckless driving. Affirmed.
Court: Georgia Court of Appeals, Judge: Markle, Filed On: September 8, 2023, Case #: A23A1056, Categories: Negligence
J. Fox finds that the lower court properly denied post-conviction relief to defendant regarding his sexual abuse convictions. Defendant moved for relief after one his victims recanted her trial testimony, but the circumstances around the victim recanting were not considered credible. She recanted while suffering from a mental health crisis and while not under oath, so the lower court properly deemed that her trial testimony while under oath was more reliable. Defendant raised no other arguments or evidence on appeal that would otherwise justify his request. Affirmed.
Court: Wyoming Supreme Court, Judge: Fox, Filed On: September 8, 2023, Case #: S-23-0068, Categories: Sex Offender, Witnesses
J. Seeley finds the lower court properly dismissed the inmate's habeas petition. The possibility of undermining the defense's strategy of proving several witnesses intentionally misidentified the inmate as the shooter gave his attorney a legitimate reason not to call a witness who was allegedly willing to testify she saw "two masked men" commit the murder instead of the inmate. Affirmed.
Court: Connecticut Court Of Appeals, Judge: Seeley, Filed On: September 8, 2023, Case #: AC45841, Categories: Habeas, Ineffective Assistance, Murder
J. Chuang denies in part a grocery store’s motion to dismiss allegations of statutory and common law tort brought by two residents who own a home across the street. The grocery has allegedly significantly increased noise, trash and traffic on the residents’ property. Also, a person who shoplifted at the store ran onto the residents’ property to evade authorities, then tried to steal their bikes. Construction of the store also caused vibrations so strong it shook the residents’ home and made cracks in their driveway. The residents have, therefore, plausibly argued trespass, negligence and private nuisance. However, the residents’ claims of violations of a state environmental statute fail because only political subdivisions can use this particular rule, not individual homeowners. Their case is also not strong enough to sufficiently argue emotional distress claims.
Court: USDC Maryland, Judge: Chuang, Filed On: September 8, 2023, Case #: 8:22cv2396, NOS: Other Personal Injury - Torts - Personal Injury, Categories: Property, Tort, Negligence
J. Moore grants the application for rehearing and substitutes the current opinion, holding that the lower court improperly entered judgment for the Alabama Department of Environmental Management officials in this declaratory judgment action concerning the validity of certain grievance procedures, which were contained in a memorandum. The lower court erred in determining that the plaintiff landowners "lacked standing to challenge the grievance procedures." Additionally, the department failed to follow proper rulemaking procedures. Reversed.
Court: Alabama Court of Civil Appeals, Judge: Moore, Filed On: September 8, 2023, Case #: 2200821, Categories: Administrative Law, Environment