141 results for 'filedAt:"2023-11-28"'.
Per curiam, the appellate division finds that the lower court properly denied Madison Square Garden a writ of prohibition based on its claim that the state liquor authority exceeded its authority by moving to revoke its special on-premises liquor licenses. The move was based on allegations the venue used facial recognition technology to find attorneys bringing actions against the venue or any of its affiliates and eject them from the venue, rendering it no longer open to the general public as required by the Alcoholic Beverages Control Law. The venue cannot show a likelihood of success on the merits under the facts of this case. Affirmed.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: November 28, 2023, Case #: 06090, Categories: Administrative Law, Technology
J. Rothstein denies the insurance company partial summary judgment on the insured's extracontractual claims that while the insurance company acknowledged that the insured was injured in a car collision, it wrongfully disputes that his left knee replacement surgery was medically necessary and thus it asserts that it is not responsible for covering the associated medical expenses. At this time, neither party conclusively shows whether the insurance company's offer was unreasonably low because there are still issues of material fact.
Court: USDC Western District of Washington, Judge: Rothstein, Filed On: November 28, 2023, Case #: 2:22cv1551, NOS: Insurance - Contract, Categories: Insurance, Vehicle, Contract
J. Marion finds a lower court ruled correctly in convicting defendant of assault. Defendant argued that a lower court erred in admitting testimony about another person “brandishing a gun” during the incident, which defendant argued was “unfairly prejudicial and inflammatory” and not relevant to the case, but defendant did not adequately preserve this issue for review by failing to sufficiently object to this evidence at trial. Affirmed.
Court: Texas Courts of Appeals, Judge: Marion, Filed On: November 28, 2023, Case #: 08-23-00118-CR, Categories: Evidence, Assault, Due Process
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J. Wiener finds the district court properly dismissed the government's indictment against a foreign national for conspiracy to violate the Foreign Corrupt Practices Act and money laundering. Though the district court properly dismissed for speedy trial violations, Covid-19 delays resulted in several trial schedule changes and the district court erroneously calculated the non-excludable days; therefore, dismissal with prejudice was improper. Reversed in part.
Court: 5th Circuit, Judge: Wiener , Filed On: November 28, 2023, Case #: 23-20276, Categories: Conspiracy, Money Laundering, International Law
[Consolidated.] J. Toro finds for the commissioner of internal revenue in this tax liability dispute because the settlement payment should not have been excluded from gross income.
Court: U.S. Tax Court, Judge: Toro, Filed On: November 28, 2023, Case #: 2023-142, Categories: Tax
J. Weiler finds for the commissioner of internal revenue in collection due process claims related to a tax deficiency because the settlement officer did not abuse his discretion in sustaining the levy.
Court: U.S. Tax Court, Judge: Weiler, Filed On: November 28, 2023, Case #: 2023-32, Categories: Tax
J. Goldberg grants the secretary of commerce’s motion for summary judgment against an employee who alleged disability discrimination. The employee, who filed pro se, failed to state a claim for relief.
Court: USDC Eastern District of Pennsylvania, Judge: Goldberg, Filed On: November 28, 2023, Case #: 2:21cv3647, NOS: Employment - Civil Rights, Categories: Employment, Employment Discrimination, Employment Retaliation
J. Gruender finds a lower court properly sentenced a website operator to life in prison. The defendant argued that the lower court erred in allowing testimony concerning injuries and deaths of 11 customers, who died from fentanyl poisoning. However, the government sufficiently showed in court that the defendant's customers thought they were buying Adderall analogue from his site, which was actually fentanyl. Affirmed.
Court: 8th Circuit, Judge: Gruender, Filed On: November 28, 2023, Case #: 22-2980, Categories: Drug Offender, Evidence, Criminal Negligence
J. Colloton finds a lower court properly sentenced a defendant to 92 months in prison after he pleaded guilty to unlawful possession of a firearm as a felon. The defendant argued that the lower court miscalculated the length of his sentence. However, the government presented sufficient evidence in court that he has a prior kidnapping offense, qualifies as a violent crime. Affirmed.
Court: 8th Circuit, Judge: Colloton, Filed On: November 28, 2023, Case #: 23-1077, Categories: Firearms, Sentencing, Kidnapping
J. Murphy finds the lower court properly upheld defendant's 262-month sentence for his drug distribution conviction. Although its four-paragraph decision denying defendant's request for a reduced sentence under the First Step Act was not exhaustive, the court properly considered all required factors, including rehabilitation and prior criminal conduct, and the sentence was at the bottom of the sentencing range. Affirmed.
Court: 6th Circuit, Judge: Murphy, Filed On: November 28, 2023, Case #: 22-5845, Categories: Drug Offender, Sentencing
Per curiam, the circuit finds that the district court improperly dismissed federal and state false claims complaints contending businesses made misrepresentations in seeking payment for work done under municipal contract. The businesses contend service had not been timely, but the qui tam complaint could not be served until unsealed and authorized for service by the court.
Court: 2nd Circuit, Judge: Per curiam, Filed On: November 28, 2023, Case #: 22-2656, Categories: Civil Procedure, False Claims
J. Breedlove finds that the lower court properly entered a directed verdict in favor of the law firm on the client's counterclaims for deceptive trade practices and usury. The law firm sued the client for breach of contract, seeking to recover certain fees. The lower court did not err by failing to submit the client's counterclaims to the jury. Affirmed.
Court: Texas Courts of Appeals, Judge: Breedlove, Filed On: November 28, 2023, Case #: 05-22-01285-CV, Categories: Attorney Fees, Contract
J. Dysart finds that the Louisiana Tax Commission properly granted a taxpayer's protest to reduce the valuation of her property by the assessor. The taxpayer showed that the property has only been used as greenspace and for water retention and provided evidence of the substandard condition of the streets near her vacant lot. The taxpayer claimed that the assessor inequitably valued her property by failing to take into account the varying condition of streets in the neighborhood. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Dysart, Filed On: November 28, 2023, Case #: 2023-CA-0079, Categories: Administrative Law, Property, Tax
J. Goldman reverses a 15% administrative fee that was tacked onto two $10,000 restitution orders defendant received after pleading guilty to assault on a police officer because the statute calling for such administrative fees had been repealed at the time of sentencing. But his challenge to the restitution orders was not preserved since he failed to object to them at sentencing. Reversed in part.
Court: California Courts Of Appeal, Judge: Goldman, Filed On: November 28, 2023, Case #: A164989, Categories: Restitution, Due Process
J. Calabresi finds that the district court properly convicted defendant of facilitating loan approvals as a bank executive in exchange for assistance in landing a position in the election campaign for and, subsequently, the administration of Donald Trump, potentially as secretary of the army. Defendant's arguments lack merit in contending his conduct did not meet the definition of "corrupt" under the financial institution bribery statute and that the assistance he sought did not constitute a "thing of value." Affirmed.
Court: 2nd Circuit, Judge: Calabresi, Filed On: November 28, 2023, Case #: 22-313, Categories: Bribery, Banking / Lending
J. Whitney partially grants a farming corporation’s motion in limine, particularly as it relates to the corporation’s lack of an OSHA investigation into a former maintenance worker’s loss of a leg while cleaning the inside of a grain bin. Although the corporation failed to initiate an OSHA investigation after the injury, and also instructed the worker’s wife not to contact OSHA, these specific actions cannot be said to have explicitly caused or contributed to the injury since they happened afterward. Related testimony may, therefore, be excluded.
Court: USDC Western District of North Carolina, Judge: Whitney, Filed On: November 28, 2023, Case #: 3:22cv413, NOS: Other Personal Injury - Torts - Personal Injury, Categories: Tort, Premises Liability, Labor