177 results for 'filedAt:"2023-07-27"'.
J. Palafox finds a lower court abused its discretion in ordering a new trial for defendant, whom a jury found guilty of indecency with a child, and orders that verdict and judgment to be reinstated. Defendant argued there was insufficient evidence that he had sexual contact with the child victim, but the victim consistently testified that she felt him rubbing his genitals against her in a public location and the jury was free to draw reasonable conclusions and inferences from the victim’s testimony and their own knowledge of the real world. Reversed.
Court: Texas Courts of Appeals, Judge: Palafox, Filed On: July 27, 2023, Case #: 08-22-00246-CR, Categories: Sex Offender, Child Victims
Per curiam, the court of appeals suspends Marylin Jenkins for 30 days based upon the hearing committee's recommended petition for negotiated attorney discipline. Jenkins admits she concealed her admission to the district's Bar and her prior discipline.
Court: DC Court of Appeals, Judge: Per curiam, Filed On: July 27, 2023, Case #: 23-BG-0545 , Categories: Attorney Discipline
J. Griggsby grants McDonald's its motion for summary judgment following allegations of hostile work environment and retaliation brought by a former cashier. The cashier, a man, claims his female supervisor directly asked him, "Why is this faggot ass bitch even talking to me?" The cashier confronted her and shortly after, she took him off the work schedule, then he was transferred but never showed up to work at the new location. Although the cashier has exhausted his administrative remedies, he has not sufficiently argued that the harassment was severe or pervasive. Also, he had not initiated protected activity before being taken off the schedule.
Court: USDC Maryland, Judge: Griggsby, Filed On: July 27, 2023, Case #: 8:21cv592, NOS: Employment - Civil Rights, Categories: Employment, Employment Discrimination, Employment Retaliation
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J. Hillman dismisses federal claims contending the county denied a prison guard's request to leave work early when he was not feeling well and failed to prevent him from contracting Covid-19. The estate failed to sufficiently allege that the county officials' refusal to allow the guard to leave constituted the primary cause of his eventual death, but the estate may amend the claims in light of well-documented problems at the county jail.
Court: USDC New Jersey, Judge: Hillman , Filed On: July 27, 2023, Case #: 1:22cv6372, NOS: Other Civil Rights - Civil Rights, Categories: Employment, Wrongful Death, Covid-19
J. DeWine finds the power siting board properly determined the wind turbine company met requirements for placement of a wind farm on a karst plain because the company's development proposal included mitigation plans to reduce environmental impact and ensure the local water supply remained undisturbed. The company also conducted geological and noise surveys to measure the impact of the wind farm on local residents and wildlife, including bald eagles nesting within a 2-mile radius of the site. Affirmed.
Court: Ohio Supreme Court, Judge: DeWine, Filed On: July 27, 2023, Case #: 2023-Ohio-2555, Categories: Energy, Environment, Experts
J. Mercier finds that the trial court properly upheld the decision by the state board of workers' compensation reinstating the police officer's workers' compensation benefits after the city suspended them and awarding attorney fees to the officer. The city incorrectly suspended the officer's benefits based on a referred physician's determination that he could be released to full work duty without restrictions following an injury. Affirmed.
Court: Georgia Court of Appeals, Judge: Mercier, Filed On: July 27, 2023, Case #: A23A1185, Categories: Attorney Fees, Workers' Compensation
J. Musseman finds that the trial court properly convicted defendant for multiple counts of child sexual abuse. The record shows that each child was under the domination of defendant when he committed the acts. The state chose to charge him with only one count of abuse for each child, and the jury was properly instructed, without objection, according to the uniform jury instruction based upon the child sexual abuse statute. Affirmed.
Court: Oklahoma Courts Of Appeal, Judge: Musseman, Filed On: July 27, 2023, Case #: F-22021-431, Categories: Sex Offender, Child Victims, Jury Instructions
J. Rodriguez rules for a principal accused of using a teacher's materials to publish an article in a magazine without permission. The publication had been sent to faculty in a January 2011 email, but the teacher did not file the complaint until more than three years later. Further, correspondence with the principal in 2010 indicates the teacher knew he was working on an article for the magazine.
Court: USDC New Jersey, Judge: Rodriguez , Filed On: July 27, 2023, Case #: 1:19cv14572, NOS: Copyrights - Property Rights, Categories: Civil Procedure, Copyright
J. Do finds that the trial court properly found in favor of the insurance company in this dispute brought by the healthcare provider over payments. The provider could not demonstrate the existence of mutual assent or consideration. The insurance company had not agreed to reimburse amounts the provider billed for treatment. The insurance company's obligation was dependent on the terms of the operative benefit plans and was determined only after claims were submitted. Affirmed.
Court: California Courts Of Appeal, Judge: Do , Filed On: July 27, 2023, Case #: D080122, Categories: Health Care, Insurance, Contract
J. Tharp partially grants an Illinois village's motion for summary judgment on disability and sex discrimination claims brought by a former village police officer. The former officer claims she was denied a light duty position after she was injured on the job and was eventually fired. She has reasonably alleged that the police department failed to accommodate her when her injury seemed like it would mend. There are still factual disputes as to whether her sex played a role in that failure to accommodate. However, the village was within its rights to fire her after it became apparent her disability was permanent, as no permanent light duty positions were available and the law does not compel the village to create any such positions.
Court: USDC Northern District of Illinois, Judge: Tharp, Filed On: July 27, 2023, Case #: 1:18cv4490, NOS: Employment - Civil Rights, Categories: Ada / Rehabilitation Act, Employment, Employment Discrimination
J. Brooks partly grants a contractor’s motion to be awarded attorney fees after winning a jury trial in a breach of contract suit, but reduces the amount requested to $296,000 in fees and costs.
Court: USDC Western District of Arkansas , Judge: Brooks, Filed On: July 27, 2023, Case #: 5:2cv5141, NOS: Other Contract - Contract, Categories: Jury, Attorney Fees, Contract
J. Glickman reverses the superior court's finding for the district on a publisher and reporter's Freedom of Information Act case related to their request for rulings pertaining to tax payers' requests for tax guidance. The superior court should have conducted an in-camera review of the requested documents to verify whether there is segregable information that could be released. Reversed.
Court: DC Court of Appeals, Judge: Glickman, Filed On: July 27, 2023, Case #: 21-CV-0031 , Categories: Public Record, Tax
J. McFadden grants, in part, default judgment to a group of soldiers, government contractors and their families in their terrorist attack-related case against the Islamic Republic of Iran. They have shown Iran is liable for their injuries, and they are due compensatory and punitive damages.
Court: USDC District of Columbia, Judge: McFadden, Filed On: July 27, 2023, Case #: 1:21cv1308, NOS: Other Personal Injury - Torts - Personal Injury, Categories: Terrorism, Damages
J. Lindblom finds a lower court improperly ruled in favor of the housing and communities authority on an inspector's challenge to move forward on a proposed development. The housing and communities authority argued that the development would not be detrimental to visual aspects of the land. However, the property inspector sufficiently showed in court that the proposed development would "harm the character and appearance" of the site. Vacated.
Court: 8th Circuit, Judge: Lindblom, Filed On: July 27, 2023, Case #: CA-2022-1504, Categories: Construction, Environment
J. Harris finds the lower court properly awarded damages to the employees. The food distributor could not prove that the employees, labeled as sales representatives despite the majority of their job being inventory and promotions, were covered by the outside sales exemption and therefore were not owed overtime wages. Affirmed.
Court: 4th Circuit, Judge: Harris , Filed On: July 27, 2023, Case #: 21-2897, Categories: Employment, Damages, Labor
J. Rambo allows plaintiff to seek damages against a township police officer who allegedly shot him multiple times in the chest with a taser gun after mistaking him for an intruder in responding to a noise complaint. When the officer found out plaintiff was the occupant, the officer apologized and left, but he returned to cite plaintiff for disorderly conduct, claiming, "I have to give a reason why I fired my taser or I will get in trouble." The officer may not invoke qualified immunity because he failed to prove he had probable cause for using excessive force on an unarmed man who posed no threat to himself or others.
Court: USDC Middle District of Pennsylvania, Judge: Rambo, Filed On: July 27, 2023, Case #: 1:22cv1654, NOS: Other Civil Rights - Civil Rights, Categories: Constitution, Immunity, Police Misconduct
J. Clark finds that the lower court properly convicted defendant on his guilty plea to assault for driving head-on into an oncoming vehicle. Although the plea deal included a sentence that was the maximum for the crime, defendant's claim that it was harsh merits no reduction in the interest of justice, despite his expression of remorse and claim of mental health crisis, because he purposefully caused a collision that seriously injured the other driver and could have hurt others. Affirmed.
Court: New York Appellate Divisions, Judge: Clark, Filed On: July 27, 2023, Case #: 113512, Categories: Sentencing, Assault, Plea
J. Pritzker finds that the lower court properly found for a loan purchaser attempting to recover money owed. Evidence showed that the original lender and servicer sold their interests in the loan as part of a pool, and that the borrower breached the resulting contract with the new loan holder through nonpayment. Affirmed.
Court: New York Appellate Divisions, Judge: Pritzker, Filed On: July 27, 2023, Case #: 535222, Categories: Banking / Lending
[Combined.] J. Ceresia finds that the lower court properly convicted defendant of grand larceny by trial and then upon a guilty plea in two thefts over two days. Defendant argued the merchandise he allegedly stole from a discounter did not meet the $1,000 threshold for grand larceny, but items identified in surveillance video were valued at just over that mark. Furthermore, defendant's claim that he felt coerced into pleading guilty to stealing a vehicle in the face of possible persistent felony offender status if convicted at trial lacked merit. Affirmed.
Court: New York Appellate Divisions, Judge: Ceresia, Filed On: July 27, 2023, Case #: 112978, Categories: Theft, Plea
J. McShan finds that a former state corrections captain was improperly fired from his job after an investigation into alleged criminal conduct at a training academy revealed he used his cellphone to exchange sexually explicit texts while on duty. Although the evidence established his conduct distracted him from work and reflected poorly on his employer, termination was too harsh a penalty. On remand, a less severe penalty should be considered. Vacated.
Court: New York Appellate Divisions, Judge: McShan, Filed On: July 27, 2023, Case #: 535544, Categories: Employment
J. Mercier finds that the trial court improperly revoked the nearly six-year balance remaining on defendant's 10-year probation sentence after she failed to tell her probation officer that she had moved and was arrested for DUI. Defendant was serving probation following her guilty plea to charges including hit and run and DUI. Although the trial court correctly found that a probation violation had occurred, it was only authorized to revoke two years of defendant's probation because the violation involved a general condition of probation rather than a special condition. Affirmed in part.
Court: Georgia Court of Appeals, Judge: Mercier, Filed On: July 27, 2023, Case #: A23A1083, Categories: Probation, Dui
J. Noreika finds that a buyer cannot obtain restitution as a remedy for breach of contract because the claim concerns a partial breach, and return of performance tendered is not appropriate. Damages related to breach of the agreement for consulting services may be available, but trial is necessary to construe the parties' intent because the agreement is ambiguous.
Court: USDC Delaware, Judge: Noreika, Filed On: July 27, 2023, Case #: 1:17cv1059, NOS: Other Contract - Contract, Categories: Contract
J. Reynolds Fitzgerald finds that the lower court improperly ordered habeas relief after a parolee absconded and was returned to prison for 30 months. Because he is a sex offender and his absconding could have led to a repeat offense, the parolee committed a "non-technical" violation of parole, which by statute permitted reincarcerated. Reversed.
Court: New York Appellate Divisions, Judge: Reynolds Fitzgerald, Filed On: July 27, 2023, Case #: CV-22-2198, Categories: Parole, Sex Offender