162 results for 'filedAt:"2024-03-05"'.
J. Kleeh adopts in part and rejects in part the one magistrate-judge's report and recommendation, and adopts in its entirety the second in the
landowners' civil rights suit claiming the deputy state auditor violated their rights to due process when he conveyed a tax deed of two lots to a woman who purchased the property in 2020 for unpaid 2019 taxes, despite her failure to notice them of their right to redeem the property. In adopting the reports and recommendations, the court denies the tax deed grantee's motion to dismiss since the statute in place at the time she acquired the property required her to provide the auditor's office a list of those to be served a notice of the right to redeem.
Court: USDC Northern District of West Virginia, Judge: Kleeh, Filed On: March 5, 2024, Case #: 2: 22cv17, NOS: All Other Real Property - Real Property, Categories: Civil Rights, Government, Property
J. McHaney finds that the lower court improperly convicted defendant of aggravated battery without providing him a preliminary hearing or indicting him by grand jury. Therefore, there was no probable cause determination on the charges he faced as required by the Illinois Constitution. Reversed.
Court: Illinois Appellate Court, Judge: McHaney, Filed On: March 5, 2024, Case #: 220492, Categories: Constitution, Battery, Due Process
J. Colvin finds that the trial court properly denied a mother's motions for attorney fees and a contempt citation against the grandparents. The trial court granted the mother's petition to set aside and revoke a final consent order granting grandparent visitation rights. There was no evidence presented to support a contempt finding. The mother's challenge to the constitutionality of the grandparent visitation statute is moot. Affirmed in part.
Court: Georgia Supreme Court, Judge: Colvin, Filed On: March 5, 2024, Case #: S24A0004, Categories: Contempt, Family Law, Attorney Fees
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J. Christopher finds that the trial court properly ruled in favor of the auto parts delivery driver in her personal injury suit over a rear-end crash caused by another driver. The evidence sufficiently supports the damages awarded to the delivery driver for medical expenses and the finding that the accident caused the injuries to her cervical spine and hand. Affirmed.
Court: Texas Courts of Appeals, Judge: Christopher, Filed On: March 5, 2024, Case #: 14-23-00338-CV, Categories: Evidence, Damages, Negligence
J. Pinson finds that the trial court properly convicted defendant of rape and murder. Sufficient evidence was presented to support defendant's convictions, including evidence that one victim was found beaten by the side of a road with defendant's sperm in her vagina and that defendant's conduct accelerated her death from cocaine intoxication. The trial court correctly denied defendant's motion to dismiss the rape charge with respect to the second victim on speedy trial grounds. Defendant failed to show that he was prejudiced by the delay of more than a decade between his indictment and trial for the second victim's rape. Affirmed.
Court: Georgia Supreme Court, Judge: Pinson, Filed On: March 5, 2024, Case #: S23A0927, Categories: Murder, Sex Offender, Speedy Trial
J. Callins finds the lower court improperly found in favor of a sheriff and his deputy in this matter of gross-negligence. While detained in the back seat of a police vehicle, the individual maneuvered to bring his cuffed hands from behind his back to the front of his body, grabbed a loaded gun from the front seat of the vehicle, and shot himself in the head. The individual survived, and filed this action against the sheriff and his deputy claiming they were negligent in supervising him while under arrest. The lower court found that by shooting himself, the individual was a felon illegally in possession of a firearm, and that the deputy had exercised care while detaining him, but the instant court disagrees. Evidence was presented that the deputy saw the individual attempting to manipulate the position of his cuffed hands but did not secure them, and the individual raised the question that he was of unsound mind at the time of the incident, raising an issue of material fact. The matter is remanded for further consideration. Reversed.
Court: Virginia Court Of Appeals, Judge: Callins, Filed On: March 5, 2024, Case #: 1499-22-2, Categories: Negligence, Police Misconduct
J. McKinnon finds that defendant's unpreserved prosecutorial misconduct claims that the state improperly vouched for the victim's credibility and made inappropriate emotional appeals to the jury do not warrant plain error review. Also, probation restrictions prohibiting him from alcohol, drugs, gambling, casinos and bars were standard conditions and within the trial court's sentencing discretion. Affirmed.
Court: Montana Supreme Court, Judge: McKinnon, Filed On: March 5, 2024, Case #: DA 22-0030, Categories: Prosecutorial Misconduct, Sentencing, Sex Offender
J. Peterson finds that the appeals court properly overturned the trial court's order granting the state's motion to admit evidence of another act of defendant's alleged prior gang activity but refusing to admit two other instances. Defendant was indicted for aggravated assault, firearm offenses and violations of the Georgia Street Gang Terrorism and Prevention Act. The appeals court correctly found that a rule governing admissibility of evidence does not require a showing that the other act was committed to further the gang's interests. Affirmed.
Court: Georgia Supreme Court, Judge: Peterson, Filed On: March 5, 2024, Case #: S23G0448, Categories: Evidence, Gangs
J. Pittman grants an injunction to white small business owners who challenge the constitutionality of the Minority Business Development Agency’s denial of benefits based on their skin color. The agency's limitation on its services, which it provides to only certain races, violates equal protection guarantees.
Court: USDC Northern District of Texas , Judge: Pittman, Filed On: March 5, 2024, Case #: 4:23cv278, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Constitution, Business Practices
J. Moore finds the county court properly modified the ex-husband's child support obligation. The court properly gave him a year to pay because the ex-husband must reimburse the ex-wife retroactively for more than a year of expenses. But, because the court did not order either party to provide health insurance for a child, it erroneously failed to order cash medical support. Reversed in part.
Court: Nebraska Court Of Appeals, Judge: Moore , Filed On: March 5, 2024, Case #: A-23-149, Categories: Family Law, Due Process, Contract
J. Immergut finds in partial favor of the insured in his complaint alleging that the insurance company wrongfully denied his claim for property damage caused by a landslide. The insurance company denied coverage by citing the land-and-earth-movement exception in the insured's homeowner policy. However, the owned property exception does not apply because the City of Portland ambiguously claims that the insured needs to stabilize nearby third-party property to stabilize his own property.
Court: USDC Oregon, Judge: Immergut, Filed On: March 5, 2024, Case #: 3:23cv191, NOS: Other Personal Property Damage - Torts - Personal Property, Categories: Insurance, Property
J. Gonzalez tosses an employment discrimination lawsuit that alleges a property manager wrongfully terminated a janitor due to an unspecified disability. His Americans with Disabilities Act claims are untimely, and his Eighth Amendment claim for what he calls “cruel and inhumane employee punishment” also fails because such claims apply only against state actors, not private parties. He also fails to allege his union breached its duty of fair representation under the Labor Relations Management Act when it denied his grievance regarding his wages.
Court: USDC Eastern District of New York, Judge: Gonzalez, Filed On: March 5, 2024, Case #: 1:23cv385, NOS: Employment - Civil Rights, Categories: Constitution, Employment Discrimination, Labor / Unions
J. Chen dismisses employment claims against Darden Restaurants, the parent company of several restaurant chains, that allege the company used restrictive wage and tipping policies for their employees that amounted to race and gender discrimination. One Fair Wage took specific issue with Darden's policy of requiring managers in each state to pay their tipped employees the lowest but still legal wage possible. After a series of appeals and remanding orders, the court is reinstating its initial decision that One Fair Wage lacks statutory standing to sue a company that is not its employer for workplace discrimination.
Court: USDC Northern District of California, Judge: Chen, Filed On: March 5, 2024, Case #: 3:21cv2695, NOS: Employment - Civil Rights, Categories: Employment, Employment Discrimination
J. Benton finds a lower court properly dismissed two India nationals motion to obtain permanent status in the U.S. The two nonimmigrant workers, who attained temporary authorization to work, argued that they are entitled to a temporary restraining order against the immigration service for prompt adjudication of their applications. However, the government sufficiently showed that the court lacks subject matter jurisdiction. Vacated.
Court: 8th Circuit, Judge: Benton, Filed On: March 5, 2024, Case #: 22-3066, Categories: Employment, Immigration, Jurisdiction
J. Gooch quashes this court's preliminary writ of mandamus ordering the lower court to conduct a preliminary hearing. There is good cause to continue the hearing based on a grand jury indictment charging defendant with two counts of rape. Defendant has not the state is engaging in a dual prosecution on the same charges, and the court made extensive findings to support its grant of a continuance.
Court: Missouri Supreme Court, Judge: Gooch, Filed On: March 5, 2024, Case #: SC100369, Categories: Criminal Procedure, Sex Offender
J. Wright finds that the lower court properly granted the insurer's motion to dismiss a petition seeking coverage for the debtors' liability in the opioid mass tort claims, liabilities which were assumed by the trust in bankruptcy proceedings. The insurer's policy contains a forum selection clause clearly stating that disputes arising under those contract to be litigated in the courts of England or Wales. Affirmed.
Court: Missouri Court Of Appeals, Judge: Wright, Filed On: March 5, 2024, Case #: ED111765, Categories: Insurance, Jurisdiction, Contract
J. Odenwald finds that this appeal from the lower court's judgment granting a partnership accounting to the respondents must be dismissed. The court's interlocutory order for the parties to conduct an accounting was not eligible for Rule 74.01(b) certification because no claim has been fully resolved.
Court: Missouri Court Of Appeals, Judge: Odenwald, Filed On: March 5, 2024, Case #: ED111756, Categories: Civil Procedure, Partnerships
J. Wettre declines to transfer an action to the district of Delaware in claims contending a pharmaceutical company filed applications for a generic version of pirfenidone before related patents expired. A prior, similar lawsuit was fully concluded in Delaware before this complaint was filed, and while the pharmaceutical company is incorporated in Delaware, its principal place of business is in New Jersey.
Court: USDC New Jersey, Judge: Wettre , Filed On: March 5, 2024, Case #: 2:23cv4085, NOS: Abbreviated New Drug Applications (ANDA) - Property Rights, Categories: Patent, Venue
J. Kirsch finds that the lower court improperly found for the prison guards in a First Amendment prisoner suit stemming from the prisoner's discipline for the possession of a bag of sage, which he was accused of stealing from the First Nations chapel. The prison guards waived their statute of limitations argument by failing to present it before the lower court. Reversed.
Court: 7th Circuit, Judge: Kirsch, Filed On: March 5, 2024, Case #: 21-2860, Categories: Civil Procedure, Prisoners' Rights
J. Flaum finds that the lower court properly sentenced defendant on gang-related RICO charges. The court properly calculated defendant's offense level including his responsibility for a man's murder, because the crime was a jointly undertaken criminal activity and he was directly responsible under Illinois law even if defendant was not a gang leader. Affirmed.
Court: 7th Circuit, Judge: Flaum, Filed On: March 5, 2024, Case #: 23-1236, Categories: Sentencing, Racketeering, Gangs
J. Wood finds that the lower court properly sentenced defendant for dealing meth, sentencing him to a below-guidelines term of 240 months in prison. The sentencing judge took defendant's mitigating arguments into account, including his assault in jail. Affirmed.
Court: 7th Circuit, Judge: Wood, Filed On: March 5, 2024, Case #: 23-1426, Categories: Drug Offender, Sentencing
Per curiam, the circuit finds that the district court failed to resolve whether two New York City restaurants violated federal wage laws upon paying subclasses of current and former employees. Prior to trial, the parties agreed to submit only state labor law claims to the jury, which found for the workers, but the status of the federal claims should be clarified on remand since those claims had not been formally dismissed.
Court: 2nd Circuit, Judge: Per curiam, Filed On: March 5, 2024, Case #: 22-1558, Categories: Employment, Jurisdiction, Class Action