205 results for 'filedAt:"2023-06-29"'.
J. Gobeil finds that the trial court properly granted punitive damages and attorney fees to the peach farmer in a trespass action brought against the farm arising after the farm's property manager locked the gates to a peach orchard where the farmer was harvesting fruit. The trial court correctly denied the farm's pre-trial motions and admitted evidence of the farm owner's statements during a settlement negotiation because they showed his demeanor and state of mind toward the farmer and were therefore relevant to the jury's decision whether to award punitive damages. The jury instructions were accurate and there is no indication the jury was confused by the burdens of proof. Affirmed.
Court: Georgia Court of Appeals, Judge: Gobeil, Filed On: June 29, 2023, Case #: A23A0438, Categories: Jury, Damages, Attorney Fees
Per curiam, the appellate division finds that the lower court properly convicted defendant based on his guilty plea to attempted possession of a weapon because the five-year term of postrelease supervision was not harsh, and no reason existed to reduce the term in the interest of justice. Affirmed.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: June 29, 2023, Case #: 110850, Categories: Sentencing
J. Clark grants conditional certification to a class of employees who claim the company deducted 30 minutes of pay each shift for a meal break regardless of whether or not they took a meal break. Declarations from seven different employees describes identical treatment in terms of how the company managed their required breaks, including allegations that supervisors discouraged employees from filing no-meal break reports.
Court: USDC Eastern District of Missouri, Judge: Clark, Filed On: June 29, 2023, Case #: 4:22cv569, NOS: Fair Labor Standards Act - Labor, Categories: Employment, Class Action
J. Westmore grants a motion from Alameda officials and the University of California to dismiss most civil rights claims brought by an individual who was subjected to a search warrant while he was attending the university. The individual claims a rifle was pointed in his face despite complying with commands during the home search and that his mother had cuffs put on so tight they injured her wrists. While false arrest claims against a single official in the dispute pass muster, the remainder of them are poorly pled and are too conclusionary to survive.
Court: USDC Northern District of California, Judge: Westmore, Filed On: June 29, 2023, Case #: 4:22cv4298, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Police Misconduct
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Per curiam, the Fifth Circuit finds the district court properly dismissed the terminated employee's FMLA interference claim arising from an extended leave of absence as assistant manager at Office Depot for knee surgery. She could not plausibly state a violation of the FMLA because she had exhausted her protected leave. The court's dismissal of the employee's retaliation claims was improper as she sufficiently alleged a causal link between her protected leave and Office Depot’s decision to fire her. Because federal claims remain, the court erred in dismissing state law causes of action. The court’s order on the motion to reopen is vacated. The dismissal is affirmed in part and reversed in part.
Court: 5th Circuit, Judge: Per curiam, Filed On: June 29, 2023, Case #: 22-50767, Categories: Civil Rights, Employment Retaliation
[Consolidated.] J. Bethel finds that the habeas court improperly vacated defendant's death sentence for murder based on a finding that defendant's trial counsel ineffectively presented evidence of defendant's alleged intellectual disability in the sentencing phase. The allegedly deficient performance of defendant's counsel was unlikely to have impacted the outcome in either phase of the trial. New evidence of defendant's intellectual functioning would probably not have caused the jury to impose a lesser sentence. However, the habeas court's final order failed to provide adequate findings of fact to allow for the resolution of some ineffective assistance claims raised by defendant related to allegedly mitigating evidence. The case is remanded to the habeas court. Reversed.
Court: Georgia Supreme Court, Judge: Bethel, Filed On: June 29, 2023, Case #: S23A0260, Categories: Death Penalty, Habeas, Ineffective Assistance
[Consolidated.] J. Rabner finds that the appellate division improperly ruled for the state in claims seeking to compel Facebook to provide 30 days' worth of information from two user accounts in two drug cases. State wiretap statutes would apply to the communications requests, and in this case the "privacy interests at stake and the level of intrusion are substantial" since there is no limit to the content the state seeks during that time period. Reversed.
Court: New Jersey Supreme Court, Judge: Rabner , Filed On: June 29, 2023, Case #: A-7-22, Categories: Constitution, Privacy
J. Lavine finds the trial court properly denied defendant's motion to dismiss robbery and assault charges on speedy trial grounds. Not only was the motion filed after the start of his trial, but there was no proof in the record his initial speedy trial motion had ever been filed with the clerk, as it lacked a filing stamp. Meanwhile, the trial court also properly denied defendant's motion for a new trial based on coerced testimony from a witness because the witness had no valid Fifth Amendment privilege. Affirmed.
Court: Connecticut Court Of Appeals, Judge: Lavine, Filed On: June 29, 2023, Case #: AC45349, Categories: Evidence, Assault, Speedy Trial
J. Bright finds the lower court properly denied the inmate's petition for a writ of habeas corpus on an ineffective assistance of counsel claim. The attorney's decision to present a theory of self-defense to the jury even after the inmate testified he shot the gun accidentally was not unreasonable. The inmate also testified he was scared for his life in the lead-up to the shooting, which was sufficient to support his claim of self-defense. Affirmed.
Court: Connecticut Court Of Appeals, Judge: Bright, Filed On: June 29, 2023, Case #: AC45412, Categories: Habeas, Ineffective Assistance, Self Defense
J. Ceresia finds that the unemployment insurance appeal board properly denied a home health aide reconsideration. After initially claiming she left her job for lack of work, the aide subsequently submitted a doctor's report stating that recurrent asthma frequently rendered her unable to work, and the aide did not present new arguments against findings of misrepresentation. Affirmed.
Court: New York Appellate Divisions, Judge: Ceresia, Filed On: June 29, 2023, Case #: 536154, Categories: Employment
Per curiam, the Ninth Circuit denies a petition for rehearing in an employment matter concerning labor organization efforts. No further petitions for rehearing or rehearing en banc will be entertained.
Court: 9th Circuit, Judge: Per curiam, Filed On: June 29, 2023, Case #: 21-35252, Categories: Employment
J. Tucher find that the trial court properly upheld a university's censure and one-year suspension of a professor for unwanted sexualized conduct toward a junior colleague. The university filed disciplinary charges against the professor within three years of the chancellor's learning of the alleged violation. A graduate student from another school was a "colleague" for the purposes of the faculty code of conduct, and his behavior toward her violated university policy. Also, he was given fair notice of disciplinary proceedings and was unfair and the sanction was not excessive. Affirmed.
Court: California Courts Of Appeal, Judge: Tucher, Filed On: June 29, 2023, Case #: A164481, Categories: Administrative Law, Employment
J. Gobeil finds that the trial court properly convicted defendant of aggravated child molestation and child molestation. Defendant failed to show that he was harmed by the decision to deny his motion for a continuance to review newly produced discovery. Defendant failed to show that his trial counsel performed deficiently. However, the trial court incorrectly sentenced defendant to the maximum statutory punishment without a split sentence. Affirmed in part.
Court: Georgia Court of Appeals, Judge: Gobeil, Filed On: June 29, 2023, Case #: A23A0367, Categories: Sentencing, Sex Offender, Child Victims
J. Graham finds that the trial court properly dismissed a quiet title that sought to recover land that Denver condemned in 1988 to build a new airport. The city acquired the land free and clear of all liens and encumbrances, which means it has title in fee simple, a fact that is unchanged by the fact that the city did not pay the full market value for the land. And condemnation under eminent domain did not bar the city from using some of the land for non-airport purposes. Affirmed.
Court: Colorado Court Of Appeals, Judge: Graham, Filed On: June 29, 2023, Case #: 22CA0956, Categories: Civil Procedure, Property
J. Kindred grants in part a company's motion for discovery sanctions. The individual's counsel did not timely respond to the company's discovery requests, and monetary sanctions will be levied against counsel rather than the individual. The individual is required to answer the company's interrogatories within 14 days.
Court: USDC Alaska, Judge: Kindred, Filed On: June 29, 2023, Case #: 3:21cv103, NOS: Consumer Credit - Other Suits, Categories: Consumer Law, Contract
J. Robinson grants a medical service provider's motion to compel arbitration concerning a clinical practice consultant's request for religious exemption from the Covid-19 vaccine. Although the consultant has established a low degree of procedural unconscionability, she has failed to show a high degree of substantive unconscionability, and has therefore failed to prove that the arbitration agreement is unconscionable.
Court: USDC Southern District of California, Judge: Robinson, Filed On: June 29, 2023, Case #: 3:23cv159, NOS: Employment - Civil Rights, Categories: Arbitration, Civil Rights, Covid-19
[Amended.] J. Glickman upholds the superior court's refusal to dismiss the homeowners' suit seeking the cancellation of an individual's lis pendens notice against their property. The lis pendens notice did not comply with D.C. law, as their ownership of the home was not directly at issue in the individual's underling fraudulent conveyance action. Affirmed in part.
Court: DC Court of Appeals, Judge: Glickman, Filed On: June 29, 2023, Case #: 22-CV-0051, Categories: Property
J. Ruiz finds the lower court properly refused to sever two murder charges against defendant and try them separately. Although the murders were especially vicious, there is no evidence the jurors were not able to objectively view the proof of each crime for the separate verdict forms. Affirmed.
Court: DC Court of Appeals, Judge: Ruiz, Filed On: June 29, 2023, Case #: 19-CF-0004 , Categories: Fair Trial, Murder
Per curiam, the court of appeals suspends Mary E. Davis for 30 days, stayed in its entirety, due to her failure to obtain her client's informed consent regarding a conflict of interest in an underlying case. Davis voluntarily acknowledged her violation and the sanction is a result of a negotiated discipline.
Court: DC Court of Appeals, Judge: Per curiam, Filed On: June 29, 2023, Case #: 23-BG-0484 , Categories: Sanctions, Attorney Discipline
J. Pugh finds for the commissioner of internal revenue in this tax liability dispute because the statute of limits for assessing tax attributable to partnership items has expired.
Court: U.S. Tax Court, Judge: Pugh, Filed On: June 29, 2023, Case #: 2023-83, Categories: Civil Procedure, Tax
J. Bourliot finds that the trial court properly appointed the department as permanent managing conservator of the children and designated the mother as possessory conservator. The evidence supports the best interest finding, including incidents of neglect, poor decisions and lack of a stable home. Affirmed.
Court: Texas Courts of Appeals, Judge: Bourliot, Filed On: June 29, 2023, Case #: 14-23-00018-CV, Categories: Evidence, Family Law, Agency