170 results for 'filedAt:"2023-07-26"'.
Per curiam, the circuit finds that the district court properly convicted defendant, by guilty plea, of identity theft and possession of a firearm by a convicted felon, sentencing him with an upwards variation from guidelines to 72 months in prison. The variation was made after careful consideration of the guidelines and all factors. The court did not give significant weight to defendant's lack of legal immigration status and did not abuse its discretion by giving significant weight to the statements of the victim of the identity theft. Affirmed.
Court: 5th Circuit, Judge: Per curiam, Filed On: July 26, 2023, Case #: 22-30296, Categories: Firearms, Immigration, Identity Theft
J. Hicks grants Wells Fargo's motion to dismiss this suit arising from the alleged loss or theft of gold and silver coins the customers had in their safe deposit box. As the lease agreement governs, a federal court looks to state law to determine the existence of a contract. According to the valid contract, Wells Fargo must exercise ordinary care and is not responsible for knowing or insuring contents. The risk of loss shifts to the customers if they elect to store money or jewelry.
Court: USDC Nevada, Judge: Hicks , Filed On: July 26, 2023, Case #: 3:22cv407, NOS: Other Contract - Contract, Categories: Fraud, Trade, Contract
J. Powers finds the trial court erred by issuing a judgment convicting defendant of two counts of first-degree assault and two counts of attempted first-degree assault for firing a handgun at a vehicle with four passengers, injuring two of them. “The court erred by failing to engage in OEC 403 balancing.” Reversed.
Court: Oregon Court of Appeals, Judge: Powers, Filed On: July 26, 2023, Case #: A175787, Categories: Firearms, Assault
J. Rodriguez grants a motion by Google to transfer a case to the Northern District of California after it was sued by a non-practicing entity for alleged infringement of a patent on wireless network technology. The majority of relevant witnesses are in the NDCA as are most of Google's documents that will be important to this case. Furthermore, Google has significant ties to the NDCA, where it is headquartered, and the events that gave rise to this suit occurred primarily in that district.
Court: USDC Western District of Texas , Judge: Rodriguez, Filed On: July 26, 2023, Case #: 6:22cv1214, NOS: Patent - Property Rights, Categories: Patent, Venue, Technology
Want access to unlimited case records and advanced research tools? Create your free CasePortal account now. No credit card required to register.
Try CasePortal for Free
Per curiam, the Supreme Court of Ohio finds the lower court properly denied the inmate's petition for a writ of mandamus. His claims were mooted when the clerk of courts provided the requested documents less than a week after he filed his petition. However, because eight of the inmate's document requests were initially denied on an improper basis, he is entitled to statutory damages in the amount of $700. Affirmed.
Court: Ohio Supreme Court, Judge: Per curiam, Filed On: July 26, 2023, Case #: 2023-Ohio-2536, Categories: Public Record, Damages
J. Brown dismisses a trademark infringement suit contesting the use of the name "Ripple" in connection with HR software. It was revealed during discovery that the litigant didn't actually own the rights or interests to the contested trademark, and that it had assigned ownership over to a non-party individual. It subsequently failed to follow court procedure and provide a statement from the trademark's owner stating he would abide by the court's rulings.
Court: USDC Eastern District of New York, Judge: Brown, Filed On: July 26, 2023, Case #: 2:20cv894, NOS: Trademark - Property Rights, Categories: Civil Procedure, Trademark
J. Arthur partially reverses the denial of a petition for post-conviction relief in an attempted murder case because defendant made a valid claim that he may use a subpoena to demand the state provide Brady material and internal affairs files for a police officer who testified against him. Because the state was obligated to produce the information demanded by defendant during his criminal trial, he is allowed the subpoena. Reversed in part.
Court: The Appellate Court of Maryland, Judge: Arthur, Filed On: July 26, 2023, Case #: 111025040-42, Categories: Evidence, Firearms, Discovery
J. Peterson finds for the rubber mat flooring manufacturer in a lawsuit from a sports flooring installation company claiming the manufacturer breached their contract by declining to purchase the company by a previously agreed upon deadline despite assuring it was still interested in the purchase after closing was delayed a year by the Covid-19 pandemic. Nothing in the text of the parties' agreement requires the manufacturer to go through with the purchase, as the agreement unambiguously gives it the option to do so or not without obligation.
Court: USDC Western District of Wisconsin, Judge: Peterson, Filed On: July 26, 2023, Case #: 3:22cv244, NOS: Other Contract - Contract, Categories: Civil Procedure, Contract
J. Markman finds that the trial court properly found in favor of the property owner in an unlawful retainer action. The new owner of the residential rental property has served tenants with eviction notices in order to make private use of the property and has proven compliance with all state and local requirements to withdraw the property from the rental market. The tenant has failed to raise a triable issue of material fact. Affirmed
Court: California Courts Of Appeal, Judge: Markman , Filed On: July 26, 2023, Case #: A164531, Categories: Landlord Tenant, Property
J. Devaney finds that the circuit court properly entered judgment after defendant pleaded guilty to first-degree manslaughter. Defendant sought to introduce evidence of a polygraph examination regarding his role in the crime. The circuit court precluded the admission of the polygraph evidence and sentenced defendant to eighty years in the penitentiary with twenty years suspended. The circuit court correctly precluded polygraph evidence
because of reliability concerns. Affirmed.
Court: South Dakota Supreme Court, Judge: Devaney, Filed On: July 26, 2023, Case #: 2023SD39, Categories: Evidence, Manslaughter
J. Hollander grants the United States its motion to dismiss a suit alleging violations of the Federal Tort Claims Act arising from an incident in which two civilians employed by the Army crashed into each other. Although neither of the civilians claimed injury, one of them brought a suit for $200,000 in damages. Federal civilian employees "may not file actions against the United States under the FTCA for work-related injuries." The U.S. Department of Labor found that the accident, which happened on the Army's property, was work-related. Therefore, the federal court is "stripped of its jurisdiction."
Court: USDC Maryland, Judge: Hollander, Filed On: July 26, 2023, Case #: 1:21cv1547, NOS: Motor Vehicle - Torts - Personal Injury, Categories: Government, Tort, Jurisdiction
J. Joyce finds the juvenile court erred by finding that the youth was within the jurisdiction of the juvenile court based on acts that, if committed by an adult, would constitute interfering with a police officer. “The juvenile court did not find that youth knowingly refused [the officer’s] order to stop.” Reversed.
Court: Oregon Court of Appeals, Judge: Joyce, Filed On: July 26, 2023, Case #: A176312, Categories: Juvenile Law
J. Woodcock finds that a civil action against multiple companies allegedly involved in contaminating public water sources with hazardous chemicals called PFAs must be remanded to state court. Because the state has issued an "express and enforceable disclaimer against seeking recovery in this lawsuit from the defendants for claims relating to aqueous film-forming foam, the sole basis for federal jurisdiction," the federal court lacks jurisdiction.
Court: USDC Maine, Judge: Woodcock, Filed On: July 26, 2023, Case #: 2:23cv210, NOS: Tort Product Liability - Real Property, Categories: Water, Product Liability, Jurisdiction
J. Goldstein finds that the lower court improperly ruled in favor of the appellee university on certain issues in this lawsuit brought by the university's "controlling parental entity," regarding the university's 2019 amendments to the articles of incorporation. The conference had standing to challenge the amendments, which removed "all references to the Conference, including provisions regarding the Conference's ownership and control." Additionally, the lower court erred by dismissing the breach of contract claim and certain declaratory judgment claims brought by the conference. Accordingly, the case is remanded for further proceedings. Reversed in part.
Court: Texas Courts of Appeals, Judge: Goldstein, Filed On: July 26, 2023, Case #: 05-21-00151-CV, Categories: Civil Procedure, Education
J. Aoyagi finds the trial court erred in its PPS calculation for defendant, convicted of criminal mischief and failure to perform the duties of a driver. The state concedes the error. The matter is remanded for resentencing. Affirmed.
Court: Oregon Court of Appeals, Judge: Aoyagi, Filed On: July 26, 2023, Case #: A177021, Categories: Contract
J. Danilson finds that defendant was properly denied his second application for relief from his conviction for sexually assaulting and robbing an 81-year-old woman in her home because evidence did not support defendant's suggestion that DNA evidence would have even remotely affected the outcome. Affirmed.
Court: Iowa Court Of Appeals, Judge: Danilson, Filed On: July 26, 2023, Case #: 22-0104, Categories: Dna, Sex Offender, Assault
J. Doyle finds that defendant was improperly sentenced based on his guilty plea to misdemeanor charges of driving while barred and possession of marijuana, second offense, because defendant was not afforded his right to allocution during sentencing. Reversed.
Court: Iowa Court Of Appeals, Judge: Doyle, Filed On: July 26, 2023, Case #: 22-1129, Categories: Drug Offender, Sentencing, Plea
J. Aoyagi finds the trial court properly determined an FED judgment was preclusive that the individual and his father did not have an enforceable oral agreement regarding ownership of the property. Affirmed.
Court: Oregon Court of Appeals, Judge: Aoyagi, Filed On: July 26, 2023, Case #: A176530, Categories: Property
J. Mayer finds that a child-in-need-of-service petition was improperly dismissed. The child’s parents resisted therapies that would help treat her terminal cystic fibrosis diagnosis. Affirmed.
Court: Iowa Court Of Appeals, Judge: Badding, Filed On: July 26, 2023, Case #: 23-0410, Categories: Family Law
J. Chicchelly finds that a mother was properly awarded physical care of the parties' child in a custody dispute because the father had not yet parented the child on his own at the time of the decision. Affirmed.
Court: Iowa Court Of Appeals, Judge: Chicchelly, Filed On: July 26, 2023, Case #: 22-1791, Categories: Family Law
J. Kern finds that the circuit court properly entered judgment after defendant was convicted of first-degree robbery and sentenced to forty years. Defendant attempted to rob a casino by holding a cashier on duty at gunpoint. Defendant pulled her behind the counter and struck her on the head with a pistol, causing her to fall to the floor. Defendant fled after failing to open the cash register. Sufficient evidence supported conviction. Affirmed.
Court: South Dakota Supreme Court, Judge: Kern, Filed On: July 26, 2023, Case #: 2023SD37, Categories: Firearms, Robbery, Assault