148 results for 'filedAt:"2024-04-19"'.
J. Land finds that the trial court properly convicted defendant of rape and giving false information to a law enforcement officer. Sufficient evidence was presented to support defendant's rape conviction and to allow the jury to infer that defendant was not justified in raping the victim because he felt threatened by an accomplice. The trial court did not commit any error in refusing to grant a mistrial after an investigator gave testimony referring to defendant's unrelated criminal proceeding. A curative instruction was immediately given to the jury and the statement was struck from the record. Affirmed.
Court: Georgia Court of Appeals, Judge: Land, Filed On: April 19, 2024, Case #: A24A0375, Categories: Sex Offender
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J. Hanson finds that the lower court improperly determined the mother's child-support obligation. The record does not establish how the lower court determined the mother's gross monthly income "for the purposes of calculating her child-support obligation." The parts of the judgment regarding child custody and visitation are affirmed, however. Reversed in part.
Court: Alabama Court of Civil Appeals, Judge: Hanson, Filed On: April 19, 2024, Case #: CL-2023-0338, Categories: Evidence, Family Law
J. Huffaker grants summary judgement in favor of an Auburn University associate dean for academic affairs in this employment dispute brought by a former coordinator of student services after watching a sensitive video on a colleague’s computer. The coordinator was put on paid administrative leave and later terminated without a pre-termination hearing, but her termination was upheld when she challenged it through the university’s grievance process. She argues her procedural due process rights were violated because she did not have an adequate pre-termination hearing. The court concluded the evidence shows that she received sufficient notice and had an opportunity to respond, and that her post-termination process was procedurally adequate.
Court: USDC Middle District of Alabama, Judge: Huffaker, Filed On: April 19, 2024, Case #: 3:22cv176, NOS: Employment - Civil Rights, Categories: Employment, Due Process
J. Jensen dismisses an appeal from a district court order and judgment in favor of a company concerning the calculation of nonparticipating royalty interest. A final judgment resolving all of the underlying claims has not been entered in the district court and the matter is therefore dismissed.
Court: North Dakota Supreme Court, Judge: Jensen, Filed On: April 19, 2024, Case #: 2024ND68, Categories: Energy, Contract
Per curiam, the court of civil appeals finds that the lower court properly upheld a decision of the Alabama Medical Cannabis Commission to rescind an integrated-facility license. The judgment, which concluded that the commission "had acted within its authority" in rescinding the award, is due to be affirmed, as the the appellant company fails to challenge "the third basis for the judgment in its principal brief." Affirmed.
Court: Alabama Court of Civil Appeals, Judge: Per curiam, Filed On: April 19, 2024, Case #: CL-2023-0831, Categories: Administrative Law, Civil Procedure
J. Wiley finds that the trial court properly denied special anti-SLAPP motions on most of a condo resident's defamation claims against his neighbors. The neighbors' emails furthered a personal dispute and did not contribute to a discussion of public issues. They were not sent to the general public, but were confrontational attempts at shaming the condo resident. And homeowners' association debates usually involve private issues, and are not per se connected to public issues. Affirmed.
Court: California Courts Of Appeal, Judge: Wiley, Filed On: April 19, 2024, Case #: B317061, Categories: Anti-slapp, Defamation
J. Novak denies the department's motion to dismiss sex-based employment discrimination claims. The X-ray machines used on correctional officers can not differentiate between contraband and a menstruation product like tampons, pads, or IUDs. Every time the machine finds a foreign object, even if it is purely for menstruation, the correctional officers are subject to severely invasive strip searches. The department has failed to establish a policy that considers that its female employees will be subject to strip searches far more frequently than males purely due to sex-based characteristics.
Court: USDC Eastern District of Virginia, Judge: Novak , Filed On: April 19, 2024, Case #: 3:23cv757, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Government, Employment Discrimination
J. Mize finds the trial court properly denied the defendant’s motion to suppress evidence obtained of his bag obtained during a warrantless search. He lacks a standing to contest the search of the bag because it was abandoned on residential property, and he relinquished any expectation of privacy. Affirmed.
Court: Florida Courts Of Appeal, Judge: Mize, Filed On: April 19, 2024, Case #: 6D23-1787, Categories: Criminal Procedure, Search, Property
J. Brownlee finds the trial court improperly granted a patient summary judgment on his claim under the Florida Consumer Collection Practice Act that a foot and ankle center put a lien on his workers’ compensation settlement. The center argues there was insufficient evidence when the contingency fee multiplier was imposed. The court finds the multiplier failed factorial analysis from the beginning, but the patient presented no evidence relevant to the first factor. Therefore, this case is remanded solely to enter judgement without the contingency fee multiplier. Affirmed, in part. Reversed, in part.
Court: Florida Courts Of Appeal, Judge: Brownlee, Filed On: April 19, 2024, Case #: 6D23-665, Categories: Settlements, Attorney Fees, Contract
J. Stargel finds that defendant was improperly convicted of murder because the jury had been given confusing instructions as to the law of self-defense, and the instructions were not corrected during trial. There was enough evidence to support the defendant’s self-defense theory and the court should have given the requested portion of jury instruction on deadly force. Therefore, this case is remanded for a new trial. Reversed.
Court: Florida Courts Of Appeal, Judge: Stargel, Filed On: April 19, 2024, Case #: 6D23-509, Categories: Evidence, Jury, Self Defense
J. McKeown finds that the district court properly dismissed a securities fraud action against an international information services company under a Securities Exchange Act and Rule. The class alleged that the company made materially misleading statements by omitting key facts regarding a 2015 acquisition and a 2017 investment. The class was unable to show a strong inference that the company acted with the intent to deceive or with deliberate recklessness as to the possibility of misleading investors. Affirmed.
Court: 9th Circuit, Judge: McKeown, Filed On: April 19, 2024, Case #: 22-55829, Categories: Securities, Class Action
J. Reidinger requests the Ministry of Justice’s assistance, under the Hague Convention, in acquiring testimony for an upcoming copyright infringement suit brought by a tech security company against a similar firm. The firm began using the company’s intellectual property outside of the parties’ contractual relationship, and the request is for oral testimony by a relevant party living in The Netherlands.
Court: USDC Western District of North Carolina, Judge: Reidinger, Filed On: April 19, 2024, Case #: 1:21cv67, NOS: Copyrights - Property Rights, Categories: Copyright, International Law, Contract
J. Hester finds that the trial court improperly granted partial summary judgment that the dog owner was strictly liable relating to an alleged "unprovoked attack by her dog" on the plaintiff dog owner and his Boston Terriers. There is a genuine issue of material fact as to whether the terrier owner's damages resulted from his provocation of the other dog. Reversed in part.
Court: Louisiana Court Of Appeal, Judge: Hester, Filed On: April 19, 2024, Case #: 2023CA0611, Categories: Civil Procedure, Negligence
J. Wolfe finds that the trial court properly held the father in contempt, modified the custody judgment, and named the Philippines-based mother the domiciliary parent of the children. The record shows that the father has "done everything possible to prevent" the minor child from traveling to the Philippines despite the court's order. Also, the relevant factors were properly considered in finding that relocation of the child was in their best interest. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Wolfe, Filed On: April 19, 2024, Case #: 2023CU0945, Categories: Contempt, Evidence, Family Law
J. Henderson upholds a “political operative’s” felony convictions related to his $25,000 contribution to the Trump campaign on behalf of a Russian businessman who had actually paid him $100,000 to attend the fundraiser. The conviction is supported by sufficient evidence and he waived any criminal history objection he had during trial against his within-guidelines, 18-month sentence. Affirmed.
Court: DC Circuit, Judge: Henderson, Filed On: April 19, 2024, Case #: 23-3028 , Categories: Evidence, Sentencing, Conspiracy
J. Miller-Lerman finds the workers compensation court improperly dismissed a nurse liaison's petition. The liaison, while working for the hospital, contracted Covid-19 and sought benefits for “occupational disease” arising in the course of employment. However, a genuine issue of fact remains. The court erroneously reasoned that, given the prevalence of Covid-19 at the time, the infection contracted at hospital facilities was a non-compensable "ordinary disease of life." Reversed.
Court: Nebraska Supreme Court, Judge: Miller-Lerman, Filed On: April 19, 2024, Case #: S-23-022, Categories: Health Care, Covid-19, Workers' Compensation
J. Stacy finds the district court properly dismissed this tort suit. The inmate alleges correctional services medical staff negligently determined he was mentally ill, involuntarily administering the antipsychotic "Haldol" by injection. Being the involuntary injection was a battery, it falls under the battery exemption, conferring sovereign immunity. Affirmed.
Court: Nebraska Supreme Court, Judge: Stacy , Filed On: April 19, 2024, Case #: S-23-627, Categories: Civil Rights, Immunity, Prisoners' Rights
J. Robinson finds Connecticut law requires an employer to deliver its notice to contest workers' compensation benefits within 28 days of the employee's notice to seek benefits and, therefore, the lower court properly upheld the workers' compensation board's decision to preclude the employer from contesting because it mailed its notice - but did not deliver it - 28 days after it received the employee's claim. Affirmed.
Court: Connecticut Supreme Court, Judge: Robinson, Filed On: April 19, 2024, Case #: SC20836, Categories: Civil Procedure, Workers' Compensation
J. Cradle finds the lower court properly dismissed the inmate's petition for a writ of habeas corpus based on ineffective assistance of counsel. His attorney's decision not to call an identification evidence expert witness at trial was sound strategy based on the unreliability of such evidence, which likely would have been ruled inadmissible by the trial court. Additionally, while the attorney should have interviewed the alibi witness's children, who were also present when she allegedly dropped the inmate off at the scene of the crime, their potential testimony would have been cumulative and would not have changed the outcome of the trial because they were not present at the time of the shooting. Affirmed.
Court: Connecticut Court Of Appeals, Judge: Cradle, Filed On: April 19, 2024, Case #: AC45569, Categories: Habeas, Ineffective Assistance, Robbery