184 results for 'filedAt:"2023-06-21"'.
J. Howell denies rail companies' motion to dismiss a company's allegations of a multi-year price-fixing conspiracy among the four largest railroads in the country to increase the price of rail freight transport. The company, as a member of the putative class, raising the same claims against a subset of the same defendants, is entitled to the same tolling as another class member. Because the company's claims were filed within four years of the end of the tolling period, the claims are not time-barred.
Court: USDC District of Columbia, Judge: Howell, Filed On: June 21, 2023, Case #: 1:22cv2587, NOS: Antitrust - Other Suits, Categories: Antitrust, Class Action
J. Chang grants the Cook County State’s Attorney’s Office its motion to dismiss constitutionality claims brought by the former treasurer of Cook County’s Sauk Village. The office ousted the treasurer from his position after learning he had two drug felony convictions from 1988 and 1998, and later filed suit to bar him from his subsequent attempts to hold office in the village. The former treasurer then filed suit against the state’s attorney’s office, arguing the state statutes which bar those with felony convictions from holding public office violate the Eighth Amendment. The court finds these claims without merit, and that the former treasurer has also failed to show how his claims should trump the office’s sovereign immunity.
Court: USDC Northern District of Illinois, Judge: Chang, Filed On: June 21, 2023, Case #: 1:22cv5314, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Constitution, Government
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J. Roberts finds that the public employee relations commission properly upheld the decision to terminate a correctional officer after he tested positive for marijuana because marijuana use rendered his possession of firearms illegal, thereby stymieing a job requirement. Affirmed.
Court: Florida Courts Of Appeal, Judge: Roberts, Filed On: June 21, 2023, Case #: 1D22-375, Categories: Employment
J. Stras finds a lower court properly ruled that a judge in Missouri exceeded authority when he escorted two minor children to a jail cell two separate times, forced them to remove their clothing and shoes, and then came back later to let them go, after they acted inappropriately in a courthouse. The judge argued that he was entitled to judicial immunity, even though his actions may have been inappropriate, and that he was obligated to issue a pick up order when the mother and children failed to appear in court. However, the judge was not entitled to judicial immunity for the acts against the children, but properly exercised jurisdiction to impose a pick up order when all three failed to show up to court. Reversed in part.
Court: 8th Circuit, Judge: Stras, Filed On: June 21, 2023, Case #: 21-3903, Categories: Family Law, Immunity, Jurisdiction
J. Rodriguez reverses the trial court's denial of a noncitizen's petition for habeas corpus in connection with his arrest for trespass during the state's operation to deter illegal border crossings. The noncitizen made a prima facie case of gender discrimination by arguing the state selectively prosecutes men, but not women, under the operation. Reversed.
Court: Texas Courts of Appeals, Judge: Rodriguez, Filed On: June 21, 2023, Case #: 04-22-00623-CR , Categories: Constitution, Habeas, Immigration
J. Kunselman finds that the lower court properly sentenced defendant to two months to a year in prison for exposing her breasts to inmates while sitting on the hood of her car outside of Lancaster County jail, where her boyfriend was incarcerated. Defendant failed to suggest that her public, sexually explicit misconduct was not in violation of the open-lewdness statute. Affirmed.
Court: Pennsylvania Superior Court, Judge: Kunselman, Filed On: June 21, 2023, Case #: J-S12007-23, Categories: Criminal Procedure, Sentencing, Public Indecency
J. Tufte finds that the district court improperly entered criminal judgment in a matter in which defendant was found guilty of forgery. Defendant claimed that the lower court improperly closed the courtroom without making sufficient findings and making a prejudicial and biased statement in front of the jury. Reversed.
Court: North Dakota Supreme Court, Judge: Tufte, Filed On: June 21, 2023, Case #: 2023ND115, Categories: Jury, Forgery
J. Douglas finds the district court properly allowed this suit alleging violations of the FLSA’s overtime provision to proceed as a class action against the speech, physical and occupational therapy organization. The court applied all proper legal standards, and its factual findings were not clearly erroneous. It would have been inconsistent with the FLSA to require many separate trials. The employer was not prevented from defending the case, nor did any lack of fairness arise by allowing the class action. Affirmed.
Court: 5th Circuit, Judge: Douglas, Filed On: June 21, 2023, Case #: 22-40411, Categories: Civil Rights, Employment, Class Action
J. McFadden finds that the trial court improperly denied the vehicle owners' motion for summary judgment as to the driver's negligent entrustment and vicarious liability claims arising from injuries he suffered when a car driven by the individual rolled down a hill and hit his vehicle. There is no evidence that the owners knew the individual was an incompetent or habitually reckless driver. The driver also failed to show that any employment or agency relationship existed between the owners and the individual. Reversed.
Court: Georgia Court of Appeals, Judge: McFadden, Filed On: June 21, 2023, Case #: A23A0553, Categories: Negligence
J. Martinez denies the security software company's motion to strike portions of the Swedish corporation's expert's rebuttal declaration, which is related to the Swedish corporation's claim that the software company infringed on its patents. The expert gave his opinions in response to the declaration of the software company's expert witness and the software company chose not to address the Swedish corporation's opinions at the hearing.
Court: USDC Western District of Washington, Judge: Martinez, Filed On: June 21, 2023, Case #: 2:22cv353, NOS: Patent - Property Rights, Categories: Patent, Experts, Discovery
J. Ebel finds that the lower court properly convicted defendant of unlawful firearm possession. The warrant used to search defendant's house did not contain any misstatements or omissions that would void it. Also, challenged testimony does not fall under the definition of hearsay because the jury was instructed that it was only being admitted to show that the FBI had conducted a complete investigation. Affirmed.
Court: 10th Circuit, Judge: Ebel, Filed On: June 21, 2023, Case #: 22-2007, Categories: Firearms, Search
J. Warren finds that the trial court properly convicted defendant of murder and possession of a firearm during the commission of a felony. The trial court correctly denied defendant's motion for a new trial and did not commit any error in allowing witness testimony about voluntary intoxication. Defendant failed to show that he was prejudiced by his trial counsel's allegedly deficient performance. Affirmed.
Court: Georgia Supreme Court, Judge: Warren, Filed On: June 21, 2023, Case #: S23A0214, Categories: Firearms, Ineffective Assistance, Murder
J. Walsh Bradley finds the circuit court properly dismissed the village from the property owners’ lawsuit appealing a special assessment because they did not serve the village according to controlling statutes. The relevant law unambiguously requires service in writing directly to the village clerk, and the property owners failed to follow it by instead emailing their summons and complaint and notice of appeal to the village’s attorney, even though the attorney told them at the time that he was accepting service on behalf of the village. The village clerk also does not qualify as a “party” to the lawsuit under Wisconsin statutes even though statutes require that the clerk be served with any notices of appeal in special assessment matters, in part because those officials do not “impose or enforce” special assessments. Affirmed.
Court: Wisconsin Supreme Court, Judge: Walsh Bradley, Filed On: June 21, 2023, Case #: 2021AP000069-FT, Categories: Municipal Law, Tax
J. Bethel finds that the trial court properly convicted defendant of murder, possession of a firearm during the commission of a felony, possession of marijuana with intent to distribute and other offenses. Any error the trial court committed in admitting statements made by the victim as dying declarations identifying defendant as the shooter was harmless. There was evidence showing that the victim believed his death to be imminent when he first identified the shooters, including evidence that the victim was almost completely paralyzed and was aware of the seriousness of his condition. The trial court correctly denied defendant's motion to dismiss the indictment for want of a speedy trial due to a 30-month delay. Affirmed.
Court: Georgia Supreme Court, Judge: Bethel, Filed On: June 21, 2023, Case #: S23A0135, Categories: Murder, Speedy Trial
J. Brobson finds that the defendant in this case must be awarded a new trial because in court the prosecutor in this case asked the arresting officer said the defendant, who did not speak after being detained, did not deny the charges against him. Admitting this testimony in this case was not a harmless error. Vacated in part.
Court: Pennsylvania Supreme Court, Judge: Brobson, Filed On: June 21, 2023, Case #: J-78-2022, Categories: Evidence, Sentencing, Witnesses
J. Carlyle finds that the lower court properly granted the appellee company's motion for summary judgment and expungement of a notice of lis pendens. There was no error in the dismissal of the appellant company's breach of contract claim relating to "its claimed interest in certain real property." Affirmed.
Court: Texas Courts of Appeals, Judge: Carlyle, Filed On: June 21, 2023, Case #: 05-22-00501-CV, Categories: Real Estate, Contract
J. Badding finds that a father's parental rights were properly terminated since he was a long-term substance abuser who was incarcerated and he had minimal contact with his child. Affirmed.
Court: Iowa Court Of Appeals, Judge: Badding, Filed On: June 21, 2023, Case #: 23-0631, Categories: Family Law
J. Jolly finds the trial court properly granted summary judgment to the offshore oil and gas equipment and services company in this suit brought by the installation engineer alleging that he is owed overtime pay. The engineer was paid on a salary basis exempt from the overtime requirement under the Fair Labor Standards Act’s learned professional exemption. Affirmed.
Court: 5th Circuit, Judge: Jolly, Filed On: June 21, 2023, Case #: 22-20562, Categories: Civil Rights, Employment, Business Expectancy
J. Ashe affirms a bankruptcy court ruling ordering an attorney for alleged victims of clerical sex abuse to pay $400,000 in sanctions for leaking confidential case information about an accused priest to a journalist. The court cannot condone an attorney’s deliberate decision to violate a court order, no matter how noble his motivation, so it has no reservation in upholding the bankruptcy court’s finding that the plaintiff attorney’s conduct was “contemptuous, wasteful, and warranted the imposition of sanctions.” Affirmed.
Court: USDC Eastern District of Louisiana , Judge: Ashe, Filed On: June 21, 2023, Case #: 2:22cv1740, NOS: Bankruptcy Appeal 28 USC 158 - Bankruptcy, Categories: Bankruptcy, Contempt, Sanctions