171 results for 'filedAt:"2023-06-20"'.
J. Land finds that the trial court properly convicted defendant of offenses in connection with the assault of his girlfriend. Defendant's Sixth Amendment rights were not violated when an investigator and an assistant district attorney listened to three recorded jailhouse phone calls between defendant and one of his earliest attorneys. There is no reasonable expectation of privacy in recorded phone calls made from jail or prison, therefore defendant cannot rightfully contend that his calls were confidential or privileged. The state did not seek to admit the calls into evidence and they only came up outside the presence of the jury during defendant's cross-examination of the investigator. Affirmed.
Court: Georgia Court of Appeals, Judge: Land, Filed On: June 20, 2023, Case #: A23A0577, Categories: Assault, Civil Rights
[Consolidated.] J. Walker grants, in part, petitions for review filed by companies and associations representing heating, cooling and refrigeration interests on their challenge to the Environmental Protection Agency’s rule to phase out the use of hydrofluorocarbons. The EPA lacked the power to pass two regulations concerning the distribution of HFCs.
Court: DC Circuit, Judge: Walker, Filed On: June 20, 2023, Case #: 21-1251 , Categories: Administrative Law, Environment
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J. Patricco denies in part the state's motion to dismiss transgender individuals' equal protection claim after Idaho Department of Health and Welfare denied them prior authorization needed to receive genital reconstruction surgeries under Medicaid. The individuals have sufficiently alleged an equal protection claim in demonstrating that as transgender individuals, they "were treated differently than similarly-situated cisgender individuals when, pursuant to Defendants’ policy, they were denied medically necessary genital reconstruction surgery to treat their gender dysphoria."
Court: USDC Idaho, Judge: Patricco, Filed On: June 20, 2023, Case #: 1:22cv409, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights
J. Stevens grants mandamus relief to the county district attorney seeking to have a judge rescind an order that requires the state to provide a copy of a "recorded forensic interview of an alleged child victim" to defendant, who was indicted for aggravated sexual assault of a child. The relevant discovery statutes prohibit the duplication of the interview recording at issue.
Court: Texas Courts of Appeals, Judge: Stevens, Filed On: June 20, 2023, Case #: 06-23-00003-CR, Categories: Criminal Procedure, Experts, Discovery
J. Stevens grants a district attorney mandamus relief from the lower court's order requiring the state to provide a copy of a forensic interview with an alleged child victim to a defendant facing charges for aggravated sexual assault of a child. State discovery laws do not allow interviews of alleged child victims to be duplicated.
Court: Texas Courts of Appeals, Judge: Stevens, Filed On: June 20, 2023, Case #: 06-23-00003-CR, Categories: Sex Offender, Discovery
J. Vilardo allows plaintiff, a podiatrist who worked for an LLC wholly owned by defendant, to continue claims contending defendant reused single-use medication vials and solicited unearned payments. Plaintiff implicitly admits he did not know whether defendant utilized partially used medication for Medicare or Medicaid payments or inflated federal or state bills, but he established he had been immediately fired after bringing his concerns to federal and state officials.
Court: USDC Western District of New York, Judge: Vilardo , Filed On: June 20, 2023, Case #: 1:20cv505, NOS: Qui Tam (31 U.S.C. § 3729(a)) - Torts - Personal Property, Categories: False Claims, Whistleblowers
J. Williamowksi finds the lower court properly found for an employer on a worker's discimination and retaliation claims. The 20-week gap between the employee's reporting of racially charged comments by several of her subordinates, including that she acted like a "slave owner," and her termination prevents her from proving the causation element of her retaliation claim. Furthermore, there is no legal precedent in Ohio courts to allow the employee to base her wrongful termination claim on alleged violations of her Free Speech rights following her posting of a racist picture on Facebook. Affirmed.
Court: Ohio Court Of Appeals, Judge: Williamowski, Filed On: June 20, 2023, Case #: 2023-Ohio-2021, Categories: Employment Retaliation, First Amendment
J. Lioi grants the restaurant manager's unopposed motion for default judgment, ruling her allegations are sufficient to prove she was not paid minimum wage or overtime for her work at the restaurant, while testimony regarding the number of hours she worked establish damages in the amount of more than $33,000 for unpaid wages and overtime.
Court: USDC Northern District of Ohio, Judge: Lioi, Filed On: June 20, 2023, Case #: 5:22cv1583, NOS: Fair Labor Standards Act - Labor, Categories: Damages, Labor
J. Traxler finds the lower court properly sentenced defendant on drug charges. The defendant, who sold prescription drugs under the guise of running a health clinic, contends that the government did not inform him before he took a plea deal that the new Supreme Court precedent from Ruan v. United States established that the government must prove beyond a reasonable doubt that the defendant knew that he or she was acting in an unauthorized manner, or intended to do so when prescribing drugs. The lower court afforded the defendant the opportunity to address the court before the court imposed sentence meaning he cannot now establish the existence of error. Affirmed.
Court: 4th Circuit, Judge: Traxler, Filed On: June 20, 2023, Case #: 22-4221, Categories: Drug Offender, Conspiracy, Plea
J. Pearson denies, in part, the accounting services company's motion to dismiss, ruling that although the client did not pay various invoices, its counterclaim sets forth a plausible breach of contract claim because the accounting company allegedly provided none of the services required and, therefore, made the first breach of the agreement.
Court: USDC Northern District of Ohio, Judge: Pearson, Filed On: June 20, 2023, Case #: 4:23cv91, NOS: Other Contract - Contract, Categories: Civil Procedure, Contract
J. St. Eve finds that the lower court properly ruled against the man who suffered a cardiac arrest while taking the testosterone replacement therapy drug Androderm. The jury decided against him just hours before the attorney received discovery in a related case showing that the FDA required the pharmaceutical company to conduct a trial to study a potential causal link between Androderm and high blood pressure. However, this evidence would probably not have resulted in a different verdict. Affirmed.
Court: 7th Circuit, Judge: St. Eve, Filed On: June 20, 2023, Case #: 22-2664, Categories: Health Care, Product Liability, Discovery
J. Gustafson finds that the trial court properly determined that a city zoning board had the discretion to approve the demolition of a church and the construction of a new church. A joint use parking agreement and variances for a rear-yard setback and steeple height were also within the board's discretion. Affirmed.
Court: Montana Supreme Court, Judge: Gustafson, Filed On: June 20, 2023, Case #: DA 22-0438, Categories: Zoning
J. Wray finds a lower tax hearing officer ruled correctly in determining that a medical staffing company should in fact be allowed to deduct “gross receipts on behalf of its nurse employees” in a dispute with tax authorities regarding relevant state statutes which the state legislature has “repeatedly amended.” The facts of this case “establish that all of the conditions” necessary to qualify for the deduction “were met,” and the hearing officer did not abuse her discretion. Affirmed.
Court: New Mexico Court of Appeals, Judge: Wray, Filed On: June 20, 2023, Case #: A-1-CA-39784, Categories: Administrative Law, Government, Tax
J. Hiraoka finds the circuit court improperly dismissed an unemployment benefits appeal that was filed after the 30-day period to request reopening the claim. The court did not determine if the filer received a certified copy of her initial dismissal by mail, which would have meant the 30-day deadline never began to run. There is dispute on whether or not the filer opted to receive the decision letter by email or mail. Vacated.
Court: Hawai'i Supreme Court, Judge: Hiraoka, Filed On: June 20, 2023, Case #: CAAP-20-516, Categories: Employment
J. White finds defendant has failed to prove his counsel violated his Sixth Amendment rights by failing to advocate for him according to his will at his trial over his alleged sexual assault of a seven-year-old girl, which he was convicted of and received a 15-year split sentence. In part because the record shows defendant admitted to his counsel that he touched the girl inadvertently and never explicitly told counsel to argue his absolute innocence, and he also cannot show she conceded his guilt in her closing argument that pointed out inconsistencies in his testimony, the circuit court correctly found no Sixth Amendment violations and denied defendant's motion for a new trial. Affirmed.
Court: Wisconsin Court of Appeals, Judge: White, Filed On: June 20, 2023, Case #: 2021AP001705-CR, Categories: Constitution, Ineffective Assistance, Sex Offender