132 results for 'filedAt:"2024-02-26"'.
J. Kirsch finds that the lower court properly convicted defendant of being a felon in possession of a firearm after his car was searched because his friend was standing next to the sedan drinking from a red solo cup. His friend willingly told police that the drink contained alcohol, and officers legitimately searched the car after noticing an open bottle of alcohol in the back seat. The search was valid because the initial encounter with the officers was consensual, and defendant's incriminating statements were attenuated from the allegedly unlawful seizure. Affirmed.
Court: 7th Circuit, Judge: Kirsch, Filed On: February 26, 2024, Case #: 23-1001, Categories: Firearms, Search
J. Doherty finds that the lower court improperly convicted defendant of possession of cannabis plants and possession of meth after denying his motion for a Franks evidentiary hearing. Defendant sufficiently showed that the affidavit supporting the application for a search warrant for his home contained facts shown to be false, and those facts were necessary to establish probable cause for the search. Reversed.
Court: Illinois Appellate Court, Judge: Doherty, Filed On: February 26, 2024, Case #: 221109, Categories: Drug Offender, Search
J. Stewart finds the district court properly entered summary judgment in favor of the police officers. Armed protesters opposed to a city ordinance preventing unauthorized firearm carry were arrested after aggressively refusing to comply with officers' lawful orders. Though a Taser was used, causing one of the subjects to fall and hit his head, the officers are entitled to qualified immunity. The protesters have pointed to no clearly established law showing excessive force was used. Affirmed.
Court: 5th Circuit, Judge: Stewart , Filed On: February 26, 2024, Case #: 22-50915, Categories: Civil Rights, Constitution, Police Misconduct
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J. Altonaga largely denies the employer's motion to dismiss the employee's complaint alleging race, sex and disability discrimination, unlawful termination and retaliation for reporting discrimination. The employee has failed to exhaust her administrative remedies as to her unlawful-termination claim, but has adequately stated all of her other claims.
Court: USDC Southern District of Florida, Judge: Altonaga, Filed On: February 26, 2024, Case #: 1:23cv22590, NOS: Employment - Civil Rights, Categories: Employment, Employment Discrimination
J. Chen finds in partial favor of California on its challenge to new regulations from the Bureau of Alcohol, Tobacco, Firearms, and Explosives regarding ghost guns. The ATF issued a rule in 2022 that provisions from the Gun Control Act apply to some of the parts used to build ghost guns and expanded the definitions of frames and receivers, but California claims the feds were still not classifying many products known to be used as gun receivers and frames as firearms themselves. The AFT acted arbitrarily when it failed to consider how easily available certain parts can be outside of distributors and sellers, so the rules governing that issue are vacated. It is noted, however, that with that narrow issue decided, the vast majority of ATF's regulations on ghost guns are untouched by the ruling.
Court: USDC Northern District of California, Judge: Chen, Filed On: February 26, 2024, Case #: 3:20cv6761, NOS: Administrative Procedure Act/Review or Appeal of Agency Decision - Other Suits, Categories: Civil Rights, Firearms
J. Freeman denies a motion from Vidul Prakash, former CFO of a "Smart Window" company called View, to toss a complaint filed against him by the SEC. The SEC claims that the former CFO hid $28 million of warranty liabilities from investors and tried to downplay how much money the company owed to replace defective windows. The SEC has shown he had a responsibility to investors as CFO to ensure company liabilities were being reported correctly, a responsibility he did not honor.
Court: USDC Northern District of California, Judge: Freeman, Filed On: February 26, 2024, Case #: 5:23cv3300, NOS: Securities/Commodities/Exchange - Other Suits, Categories: Fraud, Securities
J. Inos denies a release pending appeal for defendant, who was convicted of sexual and aggravated assault. Despite evidence defendant has no plans to flee or his lack of prior convictions, due to the risk of danger based on the violence of this conviction, defendant does not meet standards for release.
Court: Northern Mariana Islands Supreme Court, Judge: Inos, Filed On: February 26, 2024, Case #: 2023-SCC-12, Categories: Evidence, Sex Offender, Assault
J. Erickson finds a lower court properly dismissed a patient's wrongful confinement claims against a County health service. The patient argued that she was wrongfully civilly committed, misdiagnosed, and was forced to ingest neuroleptic medications without consent. However, the County health service sufficiently showed in court that she suffered from bipolar disorder, depression, generalized anxiety, and movement disorder, as well as suicidal ideation, which justified a civil commitment order for six months. Affirmed.
Court: 8th Circuit, Judge: Erickson, Filed On: February 26, 2024, Case #: 23-1209, Categories: Civil Rights, Health Care, Commitment
J. Gruender finds a lower court properly sentenced a defendant to 15 months in prison for obtaining marijuana following a previous conviction for selling crack cocaine. The defendant argued that he was entitled to obtain marijuana with his marijuana card. However, the defendant engaged in private distribution of the drug by sharing it with his girlfriend. Affirmed.
Court: 8th Circuit, Judge: Gruender, Filed On: February 26, 2024, Case #: 23-2421, Categories: Drug Offender, Probation, Sentencing
J. James grants an insured's motion to stay proceedings pending the outcome of a state court's determination of insurance coverage concerning assault and infliction of bodily injury brought on by a third party. The insured sufficiently showed in court that her request for indemnity would be determined once the state court proceedings resolve coverage.
Court: USDC Kansas, Judge: James, Filed On: February 26, 2024, Case #: 2:22cv2417, NOS: Insurance - Contract, Categories: Insurance, Assault
J. Gibbons finds the county court properly granted summary judgment to Duetsche Bank on its action to enforce a lost note after being designated the assignee of the deed of trust used by the borrower to secure a home loan. The cited statute allows for the bank to enforce a lost instrument by showing its predecessor-in-interest was entitled to enforce when possession was lost. Though the borrower says the bank's prior loan servicer's lost note affidavit is inconsistent with the current loan servicer's affidavit, the affidavits still show possession had been lost. Affirmed.
Court: Nevada Court of Appeals, Judge: Gibbons , Filed On: February 26, 2024, Case #: 84696-CoA, Categories: Bankruptcy, Evidence, Banking / Lending
J. Taranto finds the lower court properly found no violation in this patent infringement matter. Freshub sued Amazon claiming it infringed on its patents for voice-processing technology, voice technology used in devices such as smart speakers, that when spoken to, can detect words and create shopping lists. A jury found no infringement on the part of Amazon relating to the patents, and rejected Amazon’s assertion that patents of Freshub’s parent company should be declared invalid based on inadequate description. The instant court finds no error in the lower courts determination. Affirmed.
Court: Federal Circuit, Judge: Taranto, Filed On: February 26, 2024, Case #: 22-1391, Categories: Patent
[Consolidated.] J. Belsome finds that the trial court should not have denied a patent owner's motion for contempt against the patent manufacturer. In this case, there are differing expert opinions as to whether the parties' consent judgment and the licensing agreement was clear regarding the military procurement technology terminology, and regarding the ability of a third party to create the patented device reliably from the drawings provided by the patent manufacturer. Reversed.
Court: Louisiana Court Of Appeal, Judge: Belsome, Filed On: February 26, 2024, Case #: 2023-CA-0554, Categories: Contempt, Patent, Contract
J. Matsumoto enters partial default judgment and finds a mechanical engineering and fabrication firm and its owner jointly and severally liable for a client’s breach of contract claim and awards the client $200,000 in damages, plus pre- and post-judgment interest. The client successfully alleges the fabricator breached an agreement when it failed to design and build a machine that would convert plastic waste into fuel.
Court: USDC Eastern District of New York, Judge: Matsumoto, Filed On: February 26, 2024, Case #: 1:22cv250, NOS: Other Contract - Contract, Categories: Damages, Contract
[Consolidated.] J. Sessions entered a filing injunction against a pro se New York resident who has bothered the court with 20 frivolous suits in just two years. This order enjoins and prohibits him from filing suit regarding any matter again, unless given permission by the court by obtaining prior leave by the judge. If the filing does not show the court has jurisdiction or is otherwise barred, it will be rejected and docketed as a closed miscellaneous case.
Court: USDC Vermont, Judge: Sessions, Filed On: February 26, 2024, Case #: 2:23cv471, NOS: Other Civil Rights - Civil Rights, Categories: Sanctions, Jurisdiction, Injunction
J. Beaverstock denies a condo association’s motion to exclude experts and motion to strike as moot in this insurance dispute stemming from Hurricane Sally damage. The association alleges that an engineer and a building consultant retained by the insurer are not qualified and that both of their methodologies were unreliable. The court finds both experts’ testimony will be able assist in this case.
Court: USDC Southern District of Alabama, Judge: Beaverstock, Filed On: February 26, 2024, Case #: 1:22cv257, NOS: Insurance - Contract, Categories: Insurance, Experts
J. Campbell finds the lower court properly denied defendant’s petition for DNA analysis to be conducted on a knife and other items, but improperly denied the request for analysis of a rape kit. Defendant was convicted of attempted second degree murder, three counts of aggravated rape, especially aggravated robbery, especially aggravated burglary, conspiracy to commit aggravated burglary, theft, and vandalism for his role in the rape and cutting of a 70-year old woman’s throat during the course of a burglary. He filed a request for DNA testing and analysis to be performed on a rape kit, the knife that was used to cut the victim’s throat and other items collected from the scene of the sexual assault. The lower court denied all of his requests, but the instant court finds DNA testing and analysis proper for the rape kit; defendant did not meet the requirements for DNA testing of the other items. Reversed in part.
Court: Tennessee Court of Criminal Appeals, Judge: Campbell, Filed On: February 26, 2024, Case #: W2023-00192-CCA-R3-PC, Categories: Dna, Murder, Sex Offender
J. Palafox finds a lower court did not err in terminating a mother’s parental rights. The mother argued child welfare officials had not provided adequate evidence to terminate her rights or to show that termination was in the best interest of the children, but the mother has repeatedly tested positive for methamphetamine, has missed mandatory drug tests and “spent minimal time with the children and did not nurture or
maintain a strong bond through visitation.” Affirmed.
Court: Texas Courts of Appeals, Judge: Palafox, Filed On: February 26, 2024, Case #: 08-23-00282-CV, Categories: Evidence, Government, Guardianship
J. Thacker upheld the lower court’s decision to remand Annapolis and Anne Arundel County’s state-law tort and consumer protection lawsuits against many energy companies, which allegedly misrepresented or concealed information about their fossil fuel products. In at least 10 similar cases, energy firms have tried to remove the dispute to federal court: “The eleventh time is not the charm.”
Court: 4th Circuit, Judge: Thacker, Filed On: February 26, 2024, Case #: 22-1999, Categories: Energy, Environment, Consumer Law
J. Niemeyer dismisses Travelers’ challenge to the lower court’s order remanding a court-appointed receiver’s complaint, alleging breach of insurance policies issued to a defunct company, back to state court. The federal court’s reasons to remand were “colorably supported,” barring appellate review. Affirmed.
Court: 4th Circuit, Judge: Niemeyer, Filed On: February 26, 2024, Case #: 23-1339, Categories: Insurance, Jurisdiction, Venue
J. Heytens finds no reversible error in the conviction of defendant for three offenses related to his paid murder of another man. Affirmed.
Court: 4th Circuit, Judge: Heytens, Filed On: February 26, 2024, Case #: 22-4696, Categories: Murder
J. Daniel grants a metal packaging company’s motion for judgment on its contract pleadings against a brewery. The court also partially grants the packaging company’s motion to dismiss the brewery’s counterclaims and fully grants its motion to strike the brewery’s affirmative defenses. This case stems from a contract between the parties wherein the brewery agreed to purchase beer cans from the packaging company, and the packaging company subsequently claimed the brewery did not meet its purchasing agreement under that contract. The brewery countersued, but the court found it hadn’t sufficiently alleged its breach of warranty or negligent misrepresentation counterclaims. The brewery’s counterclaims for breach of good faith dealing still stand.
Court: USDC Northern District of Illinois, Judge: Daniel, Filed On: February 26, 2024, Case #: 122cv7367, NOS: Other Contract - Contract, Categories: Business Practices, Warranty, Contract
J. Zimmerman finds that the trial court erroneously granted the steel building company's motion for judgment notwithstanding the verdict on the farm owners' interference with a contract claim. Although the company was entitled to file a mechanic's lien against the farm when the owners failed to pay for a barn, its refusal to remove a defective lien, which was incorrectly placed on the land and not the farm itself, interfered with the owners' relationship with its bank, who had a priority lien on the property. Meanwhile, the trial court should have granted the owners' motion for judgment notwithstanding a verdict on the building company's contract claim because its failure to deliver a building that met design specifications constituted a prior breach of the parties' agreement that excused the owners from further payments. Reversed in part.
Court: Ohio Court Of Appeals, Judge: Zimmerman, Filed On: February 26, 2024, Case #: 2024-Ohio-698, Categories: Interference With Contract, Contract
J. Kleeh grants the hydrocarbon exploration company's partial motion to dismiss the three oil and gas lessees' first amended complaint accusing the company of improperly deducting the costs or expenses from their royalties, and falsely reporting to the West Virginia Department of Environmental Protection no production of natural gas liquids. The court dismisses in their entirety the counts for fraudulent misrepresentation and violation of state law requiring producers to provide lessees certain production information on their royalty statements, due to the lessees' failure to notify the company of the possible violation via certified U.S. Mail prior to filing suit.
Court: USDC Northern District of West Virginia, Judge: Kleeh, Filed On: February 26, 2024, Case #: 1:22cv56, NOS: Other Contract - Contract, Categories: Energy, Fraud, Contract