132 results for 'filedAt:"2023-05-30"'.
J. Manglona refuses to dismiss claims by the US that Guam did not properly credit leave periods to active military service members using donated leave, violating statutes regulating service credit and pension benefits. The Guam Government Retirement Fund is considered an employer under the statute and is subject to its obligations. The service members did not waive their rights under the statute by using a leave sharing program, and “no evidence exists on the face of pleadings demonstrating that defendants reached out to the servicemembers informing them that their USERRA rights would be waived by using donated leave. Nor is it clear on the face of the pleading that the benefits of the servicemembers’ salaries under the leave sharing program outweigh the benefits of receiving pension compensation.”
Court: USDC Guam, Judge: Manglona, Filed On: May 30, 2023, Case #: 1:21cv22, NOS: Other Statutory Actions - Other Suits, Categories: Government, Pensions, Military
Per curiam, the North Dakota Supreme Court finds that the district court properly entered judgment after a jury convicted defendant of one count of continuous sexual abuse of a child and two counts of promoting obscenity to minors. Sufficient evidence supported conviction. Affirmed.
Court: North Dakota Supreme Court, Judge: Per curiam, Filed On: May 30, 2023, Case #: 2023ND102, Categories: Evidence, Sex Offender
J. Marquez finds that the trial court properly rejected claims to revalue parcels of land for the 2020 tax year due to Covid-19 for failure to state a claim. The Covid-19 pandemic and related public health orders did not constitute "unusual conditions" that would require the revaluation of real property for 2020 tax purposes. The pandemic was not a "detrimental act of nature" and the public health orders were not regulations that restricted the use of owners' property. Affirmed.
Court: Colorado Supreme Court, Judge: Marquez, Filed On: May 30, 2023, Case #: 22SC798, Categories: Property, Tax, Covid-19
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J. Bendix grants Leslie Van Houten's habeas petition and reinstates a 2020 decision by the parole board granting her parole. Governor Newsom reversed the board's decision to grant parole to Van Houten, who is serving life sentences for the Charles Manson-inspired murders of Rosemary and Leno La Bianca in 1969. Newsom's reversal was based on "unsupported intuition" and an unfounded conclusion that hidden factors make her a current danger who is unsuitable for parole.
Court: California Courts Of Appeal, Judge: Bendix, Filed On: May 30, 2023, Case #: B320098, Categories: Habeas, Murder
J. Gray finds that the lower court properly denied workers' compensation benefits to an individual who says she had to seek treatment for her upper back and arms after she twisted her back moving a wheeled coal crusher. The individual did not meet her burden of showing that her spine-related injuries were related to her workplace accident or that they could be covered by workers' compensation. Affirmed.
Court: Wyoming Supreme Court, Judge: Gray , Filed On: May 30, 2023, Case #: S-22-0283, Categories: Workers' Compensation
J. Du grants MGM’s motion to dismiss the deceptive trade practices claim brought by the patron who alleges that he was drugged, but allowed to continue gambling, resulting in physical injury. The injured party fails to plead consumer fraud claims with any particularity, though certain negligence claims are allowed to proceed. MGM had no duty to stop serving the patron once he had become visibly “erratic,” though other aspects of its general duty of reasonable care have been adequately pled.
Court: USDC Nevada, Judge: Du, Filed On: May 30, 2023, Case #: 2:22cv1906, NOS: Other Contract - Contract, Categories: Fraud, Tort, Negligence
J. McKinnon finds that the trial court properly denied defendant's speedy trial claims in a burglary trial. Much of the 573-day delay was attributable to his late request for new counsel and his late filing of a motion to dismiss, while delays from the Covid-19 pandemic added 100 days. However, the trial court relied on incorrect information when it classified him as a registered violent offender for sentencing. Reversed in part.
Court: Montana Supreme Court, Judge: McKinnon, Filed On: May 30, 2023, Case #: DA 21-0381, Categories: Burglary, Sentencing, Speedy Trial
Per curiam, the North Dakota Supreme Court finds that the district court properly denied defendant's application for post-conviction relief after defendant was convicted of aggravated assault and two counts of gross sexual imposition. Defendant claims that he received ineffective assistance of counsel for failing to move to strike two jurors for cause. An unsuccessful trial strategy does not make defense counsel’s assistance defective. Affirmed.
Court: North Dakota Supreme Court, Judge: Per curiam, Filed On: May 30, 2023, Case #: 2023ND105, Categories: Ineffective Assistance, Sex Offender, Assault
[Consolidated.] Per curiam, the circuit finds that the district court improperly dismissed a school district employee's discrimination, hostile work environment, and retaliation claims. The employee established that because she filed internal complaints before pursuing claims with state and federal agencies, the district took adverse employment actions within months. However, the employee was properly denied recusal based on bias concerning adverse rulings and comments about her frequent litigation.
Court: 2nd Circuit, Judge: Per curiam, Filed On: May 30, 2023, Case #: 21-2683 (L), Categories: Employment Discrimination, Employment Retaliation