138 results for 'filedAt:"2023-11-14"'.
J. Hunt partially grants the federal government’s motion to dismiss a negligence suit brought by a trucking company whose driver caused a fatal car crash after he suffered a heart attack behind the wheel. A year before the crash, a medical examiner from the federal Motor Carrier Safety Administration cleared the driver for duty with a bogus medical report that omitted how the driver had major heart surgery several years prior. The court dismisses the indemnification claim against the federal government, but the remaining negligence claims survive.
Court: USDC Northern District of Illinois, Judge: Hunt, Filed On: November 14, 2023, Case #: 1:22cv3747, NOS: Other Statutory Actions - Other Suits, Categories: Government, Negligence, Medical Malpractice
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J. Combs, on interlocutory appeal, finds the trial court improperly denied the reproductive care advocacy group's request for a temporary injunction during its challenge of state abortion legislation. One challenged law creates penalties, including criminal sanctions, and provides paths for civil malpractice actions and professional discipline, while another requires certification before one can provide abortion-inducing drugs. Evidence shows the laws would place unnecessary burdens on lawful pregnancy termination. Vacated.
Court: Oklahoma Supreme Court, Judge: Combs, Filed On: November 14, 2023, Case #: 119918, Categories: Constitution, Health Care
J. Kuehn suspends James Harry Lockard from the practice of law as final discipline for his no-contest plea convictions for domestic assault and public intoxication. Lockard was arrested after his wife reported he had punched and kicked her, and grabbed her throat. He was found by police in a public area in pajama pants with no shirt, no shoes and one sock. Though he has shown remorse and willingness to change, mitigating evidence did not include proof of AA meeting attendance, urinalysis test results or testimony of his commitment to sobriety. The evidence lacked assurance that he is ready to continue representation of death row inmates without completing his criminal probation.
Court: Oklahoma Supreme Court, Judge: Kuehn , Filed On: November 14, 2023, Case #: SCBD-7505, Categories: Evidence, Attorney Discipline
J. Kuehn finds the court of civil appeals improperly affirmed the district court's admission of a will to probate after denying challenges brought by the testator's son. The son's evidence for fraud was strong enough to shift the burden of rebutting an inference of fraud to the daughter, who had sought to have herself named personal representative. Vacated.
Court: Oklahoma Supreme Court, Judge: Kuehn , Filed On: November 14, 2023, Case #: 120042, Categories: Evidence, Fraud, Wills / Probate
J. Menendez partially grants the plaintiff insurance brokerage's motion for summary judgment on two claims in its suit against another insurance brokerage with which it had a longtime arrangement to solicit and service some business clients together, splitting revenue. The plaintiff brokerage has shown that the two brokerages had a contract, that it was breached when the defendant brokerage stopped sharing revenue for one of those clients, and that the plaintiff brokerage is the "seller" of that account to the defendant brokerage under the terms of the contract. Summary judgment is also granted on a declaratory-judgment claim, but the plaintiff brokerage's requested remedy of specific performance is denied so that the parties can negotiate remedies.
Court: USDC Minnesota, Judge: Menendez, Filed On: November 14, 2023, Case #: 0:22cv1648, NOS: Other Contract - Contract, Categories: Interference With Contract, Contract
J. Garnett grants in part unhoused individuals' and a grassroots organization's motion for preliminary injunction enjoining the city from seizing and discarding or destroying the possessions of unhoused individuals. The individuals allege that during sweeps, city workers throw all property into a dumpster, then remove the dumpster without giving individuals a chance to retrieve their belongings, however the city's stated procedure is to give notice prior to sweeps, and not to destroy belongings, but to store them so that they can be retrieved later. The individuals have shown they are likely to succeed on the merits of their claim that giving individuals only two days to retrieve their belongings violates the Fourteenth Amendment. The city may continue abatement efforts, but it must comply with the city's stated policies, including allowing individuals 90 days to retrieve belongings.
Court: USDC Central District of California, Judge: Garnett, Filed On: November 14, 2023, Case #: 5:23cv1536, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights
J. de Alba denies, in part, a county and officers’ motion for summary judgment on excessive force claims. There are disputes of fact regarding the nature and severity of the officers' use of force, and whether their tactics were reasonable.
Court: USDC Eastern District of California, Judge: de Alba, Filed On: November 14, 2023, Case #: 1:18cv977, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Police Misconduct
J. Moore finds the trial court properly convicted defendant for possession of fentanyl with intent to distribute. The arresting officer had probable cause to search the vehicle, and no coercive tactics were used for defendant's compliance. Dash cam footage shows defendant was nervous upon being stopped, and he revealed the contents of a suitcase in the vehicle without prompting and voluntarily admitted to marijuana possession. Affirmed.
Court: Nebraska Court Of Appeals, Judge: Moore , Filed On: November 14, 2023, Case #: A-22-909, Categories: Drug Offender, Evidence, Search
J. Welch finds the county court properly denied the father's motion to modify custody, finding the child's best interests were served by the joint custody order with physical custody remaining with the mother. Though the mother is out of town for 54 days per year, she is otherwise a full-time, stay-at-home caregiver. Modification would require the father's custody time to include the child's spending long periods with the father's wife, while the mother has been the primary caregiver throughout the child's life and the child is thriving under the current arrangement. Affirmed.
Court: Nebraska Court Of Appeals, Judge: Welch , Filed On: November 14, 2023, Case #: A-22-800, Categories: Family Law, Guardianship
J. Marbley denies the private fire department's motion for judgment on the pleadings, ruling it is not entitled to governmental immunity because its contract with a local municipality had expired at the time it responded to the fire and the firefighter who ran over the homeowners was not responding to or extinguishing a fire at the time of the accident. Additionally, there are issues of fact as to whether the firefighter's actions were reckless, which would also deprive him of immunity; therefore, judgment is not warranted at this stage of the litigation.
Court: USDC Southern District of Ohio, Judge: Marbley, Filed On: November 14, 2023, Case #: 2:23cv1353, NOS: Motor Vehicle - Torts - Personal Injury, Categories: Vehicle, Immunity, Wrongful Death
J. Baker recommends granting, in part, a professor’s motion for a preliminary injunction in his case challenging “diversity, equity and inclusion” rules he claims violate his First Amendment rights. He has shown a likelihood of success on the merits and that he will suffer irreparable harm without an injunction.
Court: USDC Eastern District of California, Judge: Baker, Filed On: November 14, 2023, Case #: 1:23cv848, NOS: Constitutionality of State Statutes - Other Suits, Categories: Education, First Amendment, Injunction
Per curiam, the circuit finds that the district court improperly denied a preliminary injunction in second amendment claims concerning state firearm training requirements enacted while plaintiff's concealed-carry license application was pending because the court failed to consider whether it had jurisdiction to rule on the injunction.
Court: 2nd Circuit, Judge: Per curiam, Filed On: November 14, 2023, Case #: 22-3210-cv, Categories: Civil Procedure, Constitution, Firearms
J. Dancks preserves upon initial review a self-represented citizen’s Fourth Amendment claim alleging two police officers in Rome, New York, conducted an illegal cavity search on him after finding a gun in the trunk of his car. The officers’ motivation for conducting the cavity search was the citizen’s prior drug history, which was not enough to establish probable cause.
Court: USDC Northern District of New York, Judge: Dancks, Filed On: November 14, 2023, Case #: 6:23cv1171, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Police Misconduct
Per curiam, the circuit finds that the district court improperly denied Uber drivers limited discovery and directed them to arbitration in a class action over pay. Further discovery is required to assess whether the drivers qualify for an arbitration exemption since their work involves interstate trips.
Court: 2nd Circuit, Judge: Per curiam, Filed On: November 14, 2023, Case #: 22-98-cv, Categories: Arbitration, Employment, Class Action
J. McDonald finds the lower court properly convicted defendant for attempted murder, possession of cocaine and possession of methamphetamine. Defendant was sentenced to 30 years in the custody of the Mississippi Department of Corrections, with 20 years to serve and 10 years of supervised post-release probation, and three years to serve for each of the drug possession convictions with all to run consecutively. Defendant argues the lower court erroneously admitted evidence of prior bad acts and prejudiced the outcome of the trial, but no evidence of his prior bad acts was entered, only that he had been previously arrested. The instant court finds defendant did not show that he had been prejudiced by the information. Affirmed.
Court: Mississippi Court Of Appeals, Judge: McDonald, Filed On: November 14, 2023, Case #: 2022-KA-01042-COA, Categories: Drug Offender, Evidence, Murder
Per curiam, the appellate division finds that the lower court properly denied the landlord's petition to annul the housing agency's order denying its application for a rent increase based on major improvements to a building. The bathroom and kitchen renovation work at issue did not qualify for rent increases under the Part K amendments to the Housing Stability and Tenant Protection Act of 2019. Affirmed.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: November 14, 2023, Case #: 05674, Categories: Landlord Tenant
J. Jordan finds that the district court properly sentenced defendant for firearm offenses committed while he was out on bond after being charged with a separate firearm offense. The district court correctly imposed a 10-year consecutive sentence pursuant to the statute that took defendant's total sentence to 25 years. The 25-year sentence was the advisory range provided by the sentencing guidelines. Although the government failed to submit an issue related to the sentencing enhancement to the jury, the error was harmless because no reasonable jury could have convicted defendant of the firearm offense without also finding that he committed the offense while on pre-trial release. Affirmed.
Court: 11th Circuit, Judge: Jordan, Filed On: November 14, 2023, Case #: 22-10267, Categories: Firearms, Sentencing
J. Page finds that the lower court improperly found for the city in a Sunshine Law dispute. The citizen sought data generated from vehicle stop forms for 2014 through 2018, but the city destroyed these reports after their review by the Attorney General. Nevertheless, the citizen is entitled to request this information, and the recreation of a report is distinguishable from the creation of a wholly new, custom report, which a public entity is not required to do in response to a public records request. Reversed.
Court: Missouri Court Of Appeals, Judge: Page, Filed On: November 14, 2023, Case #: ED111496, Categories: Public Record