176 results for 'filedAt:"2023-11-30"'.
J. Lawrence finds that defendant was properly convicted on multiple charges, including attempted murder, but was improperly sentenced as to two counts that were both Class D misdemeanors. The lower court did not err in crafting a discovery sanction that limited the state's evidence while preventing defendant "from presenting a completely sanitized defense." However, the one-year sentence for each of the two misdemeanor charges, domestic violence assault and domestic violence terrorizing, was not permissible. Accordingly, the case is remanded to correct those sentences. Affirmed in part.
Court: Maine Supreme Court, Judge: Lawrence, Filed On: November 30, 2023, Case #: 2023ME73, Categories: Sentencing, Assault, Domestic Violence
Per curiam, the appellate division finds that the lower court properly convicted defendant based on his guilty plea to burglary after he kicked down the door to his estranged wife's residence and attacked her with a hammer and screwdriver. His sentence, which took into account his long and violent history of assaulting others, was not unduly harsh and did not merit reduction in the interest of justice. Affirmed.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: November 30, 2023, Case #: 110576, Categories: Burglary, Sentencing
J. Goldman finds that evidence supported a jury finding that defendant committed arson of an inhabited structure, as he still lived at the home that he set on fire. Statements he made to an arson investigator were not made while in custody so Miranda protections were inapplicable. However, neither his insurer nor the fire department are entitled to restitution since they were not direct victims of the crime. Reversed in part.
Court: California Courts Of Appeal, Judge: Goldman, Filed On: November 30, 2023, Case #: A162304, Categories: Miranda, Restitution, Arson
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J. Wright finds the lower court properly dismissed a wrongful death claim. The daughter of a man who fell to his death while working filed suit against his employer claiming the employer’s negligence caused her father’s death. Because the father died in the course of doing his job, the lower court determined that all claims for damages must be remedied through the Maryland Workers’ Compensation Act. As the daughter is not a dependant, she has no claim to benefits under the Workers’ Compensation Act, and the lower court dismissed the case. The instant court finds no error in the lower court's findings. Affirmed.
Court: The Appellate Court of Maryland, Judge: Wright, Filed On: November 30, 2023, Case #: 1755, Categories: Negligence, Wrongful Death, Workers' Compensation
J. Breder denies as moot a former employee’s motion to enter physical exhibits and the employer’s motion to dismiss the complaint in this employment lawsuit. However, the employee did indicate the that he is “unable to function” due to the incident of being detained and arrested by the employer. The court will grant the employer’s motion to dismiss the amended complaint, giving the employee leave to amend his emotional distress and conspiracy claims only.
Court: USDC Maryland, Judge: Bredar, Filed On: November 30, 2023, Case #: 1:23cv1993, NOS: Employment - Civil Rights, Categories: Employment, Emotional Distress
J. Pepper finds the glass pipe company has adequately proven the smoke shop sold counterfeit versions of its glass pipe accessories in violation of federal law, and because the smoke shop has not appeared to defend itself, the company's motion for default judgment is granted. The company is awarded $20,000 in damages, plus $597 in costs, and the case is dismissed.
Court: USDC Eastern District of Wisconsin, Judge: Pepper, Filed On: November 30, 2023, Case #: 2:23cv696, NOS: Trademark - Property Rights, Categories: Trademark, Damages
J. Longoria finds that the lower court properly denied the appellant company's second amended special appearance in this lawsuit stemming from an automobile accident that allegedly arose from a fuel pump failure. The allegations are sufficient to bring the defendant company, which is a South Korean automobile parts manufacturer, "under the long-arm statute." Affirmed.
Court: Texas Courts of Appeals, Judge: Longoria, Filed On: November 30, 2023, Case #: 13-22-00176-CV, Categories: Vehicle, Product Liability, Jurisdiction
J. Donnelly declines to reconsider the court’s decision granting summary judgment to a mortgage lender on a property owner’s claims that seek to cancel and discharge a mortgage agreement. Since the ruling was issued the governing law was changed when New York passed the Foreclosure Abuse Prevention Act, which takes away the ability for lenders to restart the six-year statute of limitations for bringing foreclosure actions simply by decelerating the mortgage debt. However, the court finds the state court is better suited to address the controversy.
Court: USDC Eastern District of New York, Judge: Donnelly, Filed On: November 30, 2023, Case #: 1:18cv4203, NOS: All Other Real Property - Real Property, Categories: Property, Venue, Foreclosure
J. Pepper finds the glass pipe company has adequately proven the smoke shop sold counterfeit versions of its glass pipe accessories in violation of federal law, and because the smoke shop has not appeared to defend itself, the company's motion for default judgment is granted. The company is awarded $20,000 in damages, plus $497 in costs, and the case is dismissed.
Court: USDC Eastern District of Wisconsin, Judge: Pepper, Filed On: November 30, 2023, Case #: 2:23cv785, NOS: Trademark - Property Rights, Categories: Trademark, Damages
J. Yohalem finds the workers' compensation judge properly denied the injured employee's request for benefits under two sections of the Workers' Compensation Act. An injury to the upper part of an ankle provides for workers' compensation benefits under only the "one foot at the ankle" subsection, not the "leg between the knee and ankle" subsection. The plain language of the statute intends for "at the ankle" to include the entire joint, regardless of whether portions of the upper ankle are connected to the lower leg; therefore, the worker is entitled to only 115 weeks of benefits. Affirmed.
Court: New Mexico Court of Appeals, Judge: Yohalem, Filed On: November 30, 2023, Case #: A-1-CA-40077, Categories: Employment, Workers' Compensation
J. Rodriguez partially grants Kerrville Independent School District’s motion for summary judgment after it was sued by a former student alleging that she was sexually abused during her time at the school district. While the student may overall proceed with her lawsuit, she has not adequately alleged some negligence claims against the school district, including for failure-to-train, because there is a genuine dispute as to whether school officials “actually knew that there was a substantial risk that sexual abuse would occur.”
Court: USDC Western District of Texas , Judge: Rodriguez, Filed On: November 30, 2023, Case #: 5:21cv369, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Education, Tort
J. Soto remands to lower court several cases, including this one, stemming from arrests of migrants for criminal trespass under Texas’ “Operation Lone Star,” a state policy ostensibly intended to “deter[] illegal border crossing” and “prevent criminal activity along the border.” Defendant argued the charge was unconstitutional, including because the state was “selectively prosecuting men, and not similarly situated women.” Following a favorable ruling from the Fourth Court of Appeals in a similar case, defendants facing such charges are entitled to reconsideration.
Court: Texas Courts of Appeals, Judge: Soto, Filed On: November 30, 2023, Case #: 08-23-00203-CR, Categories: Constitution, Immigration, Trespass
J. Herndon finds the trial court improperly denied the child's guardian's motion for a new trial. The guardian filed suit against the child's aunt and grandmother, the resident and owner of the home, respectively, where the child nearly drowned in a swimming pool with inadequate barriers. The trial court erroneously submitted a compound question of duty and breach to the jury, as duty is a question of law for the court. Reversed.
Court: Nevada Supreme Court, Judge: Herndon , Filed On: November 30, 2023, Case #: 84521, Categories: Tort, Negligence, Due Process
[Consolidated] J. Stiglich finds the trial court properly denied the developer's motion to set aside sanctions in its contract action against a gas station owner. The developer failed to comply with discovery requests and court orders for 3 years and it did not oppose or appeal but moved to set aside the sanctions based on an argument of excusable neglect arising from its lawyer's mental health issues. The trial court appropriately set forth case law factors involving relief for excusable neglect and properly found that orders of dismissal are not prospective within the meaning of the cited excusable neglect rule. Affirmed.
Court: Nevada Supreme Court, Judge: Stiglich , Filed On: November 30, 2023, Case #: 83640, Categories: Sanctions, Negligence, Contract
J. Stiglich finds the district court improperly denied the computer code owner's special anti-SLAPP motion to dismiss. An industrial software developer says that computer code in the owner's possession belongs to it, being that it purchased the originator company of the code after the owner had invested in the originator to purchase the license. The special motion to dismiss requires the court to focus on the owner's communications rather than the form of the claims and the district court applied an incorrect standard in evaluating the claims. The CEO has demonstrated that the claims are based on good faith communications connected with issues of public concern. Reversed.
Court: Nevada Supreme Court, Judge: Stiglich , Filed On: November 30, 2023, Case #: 84679, Categories: Anti-slapp, Contract, Technology
J. Chutz finds that the trial court properly determined the property owner violated the subdivision's landscaping maintenance covenant and awarded the homeowners association (HOA) a fine and attorney fees. The HOA's reconventional demand was not prescribed, and there is sufficient evidence that the owner violated the covenant. Affirmed as amended.
Court: Louisiana Court Of Appeal, Judge: Chutz, Filed On: November 30, 2023, Case #: 2023CA0023, Categories: Property, Attorney Fees
Per curiam, the circuit finds the Board of Immigration Appeals properly dismissed the Chinese student's appeal of the order of removal. After having been lawfully admitted into the U.S. on a student visa, it was found the student had never attended the school for which the visa was granted. The board properly affirmed the immigration judge's denial of his application for asylum and protection on an adverse credibility determination, as there were various inconsistencies between the student's testimony and documentary evidence.
Court: 5th Circuit, Judge: Per curiam, Filed On: November 30, 2023, Case #: 22-60641, Categories: Education, Evidence, Immigration