142 results for 'filedAt:"2023-07-25"'.
J. Robie finds that the trial court improperly found defendant guilty of being a felon in possession of a firearm. Though the arresting officer had probable cause to search defendant's passenger floorboard based on a radio call from another officer who had surveilled the vehicle and had seen defendant place a firearm under the passenger seat, he did not have probable cause to search the vehicle's trunk, where the firearm was ultimately found. Reversed.
Court: California Courts Of Appeal, Judge: Robie , Filed On: July 25, 2023, Case #: C096463, Categories: Firearms, Search
J. Smith finds that the bankruptcy and district courts properly found that payments made by the petroleum shipping company to a "stalking horse" bidder at its bankruptcy auction were lawful under the bankruptcy code. The company's payment of a $3.3 million break-up fee, as well as covering up to $1.5 million for the bidder's expenses, provided an actual benefit to the estate and were issued in the reasonable exercise of business judgment. The payments are justified under the stringent administrative-expense standard and the more relaxed business judgment rule. Affirmed.
Court: 5th Circuit, Judge: Smith , Filed On: July 25, 2023, Case #: 22-20321, Categories: Bankruptcy, Business Practices
J. Wendlandt finds that the lower court properly convicted defendant of murder and unlawful discharge of a firearm. While defendant was not properly notified that his interrogation would be recorded, it does not mean it should have been suppressed during his trial because he was advised that anything he said could and would be used against him in court. However, his conviction for unlawful possession is vacated. Affirmed in part.
Court: Massachusetts Supreme Court, Judge: Wendlandt, Filed On: July 25, 2023, Case #: SJC-12835, Categories: Evidence, Murder, Self Defense
J. Carson finds that the lower court properly dismissed a lawsuit over a dispute of alleged unpaid royalties for gas and oil leases. The lower court correctly tossed it for lack of jurisdiction, as administrative remedies were not fully exhausted and there was no major change in law that the court can review that would allow the issue to be litigated again after a prior judgment. Affirmed.
Court: 10th Circuit, Judge: Carson, Filed On: July 25, 2023, Case #: 22-1170 , Categories: Civil Procedure, Contract
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J. Donald finds the circuit court improperly found for the auto parts recycling company in a lawsuit claiming it violated state consumer protection law by making fraudulent misrepresentations about the parts it sold, according to hundreds of consumer complaints. The plain language of the relevant Wisconsin statute involving false or deceptive statements or advertisements does not hold that the allegedly harmed consumer must live in Wisconsin, so the circuit court incorrectly concluded it does not apply to misrepresentations made by a Wisconsin business to consumers outside the state. The circuit court also erred when it determined the state must prove a monetary loss to support its claims under the statute. The case is remanded for a new trial, and the company's cross-appeal seeking costs is dismissed as moot. Reversed.
Court: Wisconsin Court of Appeals, Judge: Donald, Filed On: July 25, 2023, Case #: 2022AP000788, Categories: Fraud, Consumer Law
J. Fitzwater refuses to dismiss copyright infringement claims filed by the production company behind the show, “Cheaters,” in which it claims broadcast companies are broadcasting episodes over the internet in a way that infringes its copyrights. Contrary to the broadcasters' argument, it is unclear at this point whether they have an affirmative defense to the copyright claims.
Court: USDC Northern District of Texas , Judge: Fitzwater, Filed On: July 25, 2023, Case #: 3:22cv2780, NOS: Copyrights - Property Rights, Categories: Copyright
J. Walton grants, in part, a soldier's motion for summary judgment on his action seeking collateral review of his conviction by a court martial for desertion and misbehavior, which occurred after he left his post without permission in 2009, and was captured by Taliban-related fighters and tortured for five years before being returned to the U.S. in a prisoner exchange. The court martial order must be vacated, as the military judge presiding over the case failed to disclose a ground for his disqualification.
Court: USDC District of Columbia, Judge: Walton, Filed On: July 25, 2023, Case #: 1:21cv418, NOS: Other Statutory Actions - Other Suits, Categories: Civil Procedure, Judiciary, Military
J. Che finds that the lower court properly convicted defendant of murder. Defendant claims he was acting in self-defense when he committed the crime, but the state did not commit any misconduct in proving the absence of self-defense. The jury was also properly instructed on the matter and his right to a defense was not impeded in any way. The matter is remanded, however, to strike supervision fees. Affirmed.
Court: Washington Court Of Appeals, Judge: Che, Filed On: July 25, 2023, Case #: 56202-2-II, Categories: Murder
J. Vitter grants a request by a foreign insurer to arbitrate bad faith claims by its insured alleging that the insurer paid only $1.7 million of its $3.7 million in estimated damages from Hurricane Ida in 2021, and 158 days after an inspection by the insurer’s adjuster. The property owner argues its bad faith claims against the London-based insurer falls outside the arbitration clause of international law. The substance of the insured’s bad faith claims arises from alleged failures of the insurers to adequately adjust, investigate and pay the claims. The property owner’s pending litigation is stayed while an arbitration tribunal determines whether penalties and fees are warranted under Louisiana law.
Court: USDC Eastern District of Louisiana , Judge: Vitter, Filed On: July 25, 2023, Case #: 2:22cv4426, NOS: Other Statutory Actions - Other Suits, Categories: Arbitration, Insurance, International Law
J. Dowd finds that the lower court properly dismissed the medical providers' suit against employers who failed to pay medical bills for their injured workers as required by workers compensation laws. The Division of Workers' Compensation has the exclusive authority over disputes relating to charges incurred for medical care provided under the Workers Compensation Act. Affirmed.
Court: Missouri Court Of Appeals, Judge: Dowd , Filed On: July 25, 2023, Case #: ED110859, Categories: Administrative Law, Jurisdiction, Workers' Compensation
J. Smith finds that the trial court properly convicted defendant for being a felon in possession of a firearm. Though the district court originally failed to make factual findings about the reliability of the anonymous tip that led to the stop of defendant on suspicion of drug dealing, the court clarified upon remand that because the tip was not made by a 911 call, there was no way to trace the caller. The court explicitly found the tipster’s testimony at the suppression hearing credible and the tip included both the information in the dispatcher’s call log and additional details furnished by the tipster at the hearing. The search of the vehicle was done with probable cause. Affirmed.
Court: 5th Circuit, Judge: Smith , Filed On: July 25, 2023, Case #: 21-40849, Categories: Evidence, Search, Weapons
J. Baca withdraws a previous opinion and substitutes this one finding that an administrative panel ruled correctly in granting an oil and gas company tax credits after the New Mexico Taxation Revenue Department initially denied them. The TRD argued the tax credits were inappropriate on the basis that the company was allegedly performing substandard and inaccurate accounting, but "substantial evidence" shows that the company "used the same cost accounting method" in applying for the tax credit and for other business purposes. Affirmed.
Court: New Mexico Court of Appeals, Judge: Baca, Filed On: July 25, 2023, Case #: A-1-CA-38779, Categories: Administrative Law, Government, Tax
J. Bishop finds that the trial court properly convicted defendant following his guilty plea for two counts of manslaughter and assault and one count of DUI for his role in a vehicle accident that killed two people. Defendant contests his cumulative sentence of 20 years, but the sentence is within guidelines. Also, defendant cannot show deficiency of representation as he was originally charged with homicide, with his counsel accomplishing a reduction of the charges and sentences by plea deal. Affirmed.
Court: Nebraska Court Of Appeals, Judge: Bishop , Filed On: July 25, 2023, Case #: A-22-960, Categories: Ineffective Assistance, Sentencing, Manslaughter
J. McDonald finds the appeals court erroneously determined the trial court lacked subject matter jurisdiction over the foreclosure case. The consumer protection notice provision requirement did not abrogate common law procedures and is not necessary to establish jurisdiction. However, because the bank failed to send the required notice when it filed its second foreclosure action and instead relied on the notice sent by the previous owner of the note, it failed to follow procedural guidelines and its lawsuit must be dismissed. Reversed.
Court: Connecticut Supreme Court, Judge: McDonald, Filed On: July 25, 2023, Case #: SC20648, Categories: Civil Procedure, Jurisdiction, Banking / Lending
J. Stadtmueller overrules the magistrate judge's report recommending the dismissal of the tenants' lawsuit against their landlord, the county and police officers over the landlord's refusal to maintain their property and the officers issuing them false tickets for loose animals and failing to adequately address their complaints about their neighbors vandalizing their property. Though the magistrate judge correctly pointed out multiple problems with the tenants' complaint, they should have been given an opportunity to amend it before the entire action was dismissed. The tenants are ordered to file an amended complaint addressing the issues the magistrate noted by August 24, 2023, or their lawsuit will be dismissed.
Court: USDC Eastern District of Wisconsin, Judge: Stadtmueller, Filed On: July 25, 2023, Case #: 2:23cv422, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Landlord Tenant