164 results for 'filedAt:"2023-08-17"'.
J. Alvarez upholds defendant's conviction for aggravated sexual assault of a child, which he committed on his brother. The trial court properly refused to allow defendant to question his brother about the recantation of his accusation regarding the assault during the punishment phase of the trial, as the recantation is not relevant during sentencing. Affirmed.
Court: Texas Courts of Appeals, Judge: Alvarez, Filed On: August 17, 2023, Case #: 04-21-00417-CR , Categories: Sentencing, Sex Offender, Witnesses
J. Birdwell grants mandamus relief to a father on the trial court's designation of the mother and the state department of transportation as responsible third-parties to the father's suit against the stepfather, who's head-on collision severely injured the father's two daughters. The stepfather failed to follow disclosure rules as applied to the father's independent claims.
Court: Texas Courts of Appeals, Judge: Birdwell, Filed On: August 17, 2023, Case #: 02-22-00429-CV , Categories: Civil Procedure, Vehicle, Negligence
J. Melloy finds that a lower court improperly dismissed defendant's motion for time served. The government argues that defendant was not entitled to relief from a 30-month prison sentence for failure to register as a sex offender. However, defendant sufficiently proved that the government failed to consider time served for a related crime carried out in Florida.
Court: 8th Circuit, Judge: Melloy, Filed On: August 17, 2023, Case #: 22-1954, Categories: Sentencing, Sex Offender
J. Erickson finds that a lower court properly sentenced defendant on charges of first-degree murder and use of a firearm in a crime of violence that resulted in the death of his girlfriend, who was discovered face down in a pool of blood in his kitchen. Defendant argues that the murder of his girlfriend was carried out during the "heat of passion." However, the government presented sufficient evidence in court, beyond a reasonable doubt, that defendant planned the murder, purchased a firearm, and then shot and killed her for engaging with other men. Affirmed.
Court: 8th Circuit, Judge: Erickson, Filed On: August 17, 2023, Case #: 22-3447, Categories: Firearms, Intent, Murder
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J. Seeger grants a pair of law firms’ motions to dismiss legal malpractice claims brought against them by the father of a woman who died in a motorcycle crash. The father was unsatisfied with the law firms’ handling of his daughter’s estate, believing they should have sued the driver of the car his daughter collided with rather than settling with the driver’s insurance company. The court finds the firms owed no duty to the father, however, as he was never the court-appointed independent administrator for his daughter’s estate.
Court: USDC Northern District of Illinois, Judge: Seeger, Filed On: August 17, 2023, Case #: 1:22cv5517, NOS: Other Contract - Contract, Categories: Insurance, Wrongful Death, Legal Malpractice
J. England compels arbitration on two brothers’ strict liability, conversion and other claims against a bank related to items missing from their safe deposit box. The parties' contract contains an enforceable arbitration agreement, and the bank did not waive its right to arbitrate.
Court: USDC Eastern District of California, Judge: England, Filed On: August 17, 2023, Case #: 2:22cv1291, NOS: Other Personal Property Damage - Torts - Personal Property, Categories: Arbitration, Conversion, Banking / Lending
J. Johnson answers a certified question in the negative regarding a dispute between an animal rights group and a private zoo in which the animal rights group alleged that the zoo violated state wildlife and animal cruelty laws, and thus created a public nuisance. The question before the court is if a violation of state wildlife laws can establish a claim for public nuisance. The answer here is no, because the state legislature has not made it clear that such violations fall under public nuisance laws. To say otherwise would be to expand the scope of nuisance laws beyond what is put forward by the state legislature.
Court: Washington Supreme Court, Judge: Johnson, Filed On: August 17, 2023, Case #: 101264-1, Categories: Civil Procedure, Animal Cruelty
J. Doss finds that the lower court properly rendered a divorce decree, in which the father was designated as the parent with the right "to designate the primary residence of the parties' son." Contrary to the mother's argument on appeal, there was no abuse of discretion with the ruling. Affirmed.
Court: Texas Courts of Appeals, Judge: Doss, Filed On: August 17, 2023, Case #: 07-23-00034-CV, Categories: Civil Procedure, Family Law
Per curiam, the appellate division finds that suspended attorney Danielle Lange's requests should be denied in seeking to renew and/or reargue her suspension, to consider a lesser penalty, or to entertain a motion for diversion. Lange was suspended for two years in March 2023 after pleading guilty to misdemeanor possession of a controlled substance.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: August 17, 2023, Case #: PM-177-23, Categories: Attorney Discipline
J. Reznik requires additional information before making a determination on discovery requests from M. Frank Higgins & Co. and third-party defendant Merchants National Bonding relating to the government's claim that the general contractor did not pay for extra work performed on behalf of the government for a public works project. Higgins and Merchants argue that their communications are subject to the common interest privilege and are not subject to discovery by the general contractor, but their seemingly blanket application for all communications does not apply as all communications between them cannot be subject to the common interest privilege.
Court: USDC Southern District of New York, Judge: Reznik, Filed On: August 17, 2023, Case #: 7:22cv9599, NOS: Miller Act - Contract, Categories: Government, Discovery, Privilege
J. Dancks rules on a total of seven motions in limine on a Fair Labor Standards unpaid overtime compensation lawsuit brought by the head of the women’s basketball team at Mohawk Valley Community College. Among the rulings, counsel for the community college is precluded from introducing at trial evidence regarding the former coach’s termination, while the litigant is precluded from presenting evidence detailing how much he earned in 2017 and 2018.
Court: USDC Northern District of New York, Judge: Dancks, Filed On: August 17, 2023, Case #: 6:18cv1268, NOS: Fair Labor Standards Act - Labor, Categories: Education, Discovery, Labor
J. Hall denies the insurer's motion for summary judgment in a declaratory judgment action seeking an order affirming that it has no obligation to indemnify the insureds in an underlying negligence action arising from the death of an individual in a car accident. The insurer failed to show that the vehicle involved in the accident is a recreational vehicle under the policy and failed to argue that the policy exclusions apply based on the allegations of the underlying action.
Court: USDC Southern District of Georgia, Judge: Hall, Filed On: August 17, 2023, Case #: 1:21cv75, NOS: Insurance - Contract, Categories: Insurance, Contract
J. Wormuth denies the student's motion for summary judgment, ruling she cannot prevail on her Equal Protection sexual harassment claim against her former teacher. Although he pleaded guilty to criminal charges that stemmed from his behavior, he never admitted to touching students for his sexual gratification, a requirement of the Equal Protection claim.
Court: USDC New Mexico, Judge: Wormuth, Filed On: August 17, 2023, Case #: 2:21cv574, NOS: Other Civil Rights - Civil Rights, Categories: Evidence, Due Process, Equal Protection
Per curiam, the appellate division finds that attorney Sharon Angela Skyers-Jenkins should be denied reinstatement from her May 2019 suspension for failing to meet registration requirements. Skyers-Jenkins asserted that, as an attorney suspended for at least two years, she met the requirement of completing eight credit hours of continuing legal education in particular subject areas, but she failed to provide proof of such.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: August 17, 2023, Case #: PM-175-23, Categories: Attorney Discipline
J. Pipkin finds that the trial court properly imposed separate sentences for defendant's convictions for aggravated assault with intent to rape and aggravated assault by strangulation. Defendant was convicted of aggravated assault under two different subsections of the statute, therefore the counts could not merge for sentencing. Affirmed.
Court: Georgia Court of Appeals, Judge: Pipkin, Filed On: August 17, 2023, Case #: A23A0894, Categories: Sentencing, Assault
J. Vyskocil finds in favor of New York University against the student's claim that the university expelled him based on a flawed investigation of sexual harassment claims made by another student. The student's argument that the university was biased in favor of the other student due to her gender is not sufficient. He claims that he was told that any complaint he made would only be considered once the other student's complaint was resolved, which only further supports the argument that the university based its decision on who made the complaint first, not the gender of the complainant.
Court: USDC Southern District of New York, Judge: Vyskocil, Filed On: August 17, 2023, Case #: 1:20cv1343, NOS: Education - Civil Rights, Categories: Civil Rights, Education
J. Benjamin finds that the lower court improperly applied a sentence enhancement for possession of a firearm in connection with another felony offense, specifically felony possession of drugs. Defendant, found unconscious in his car grasping a pistol, did not use the firearm to facilitate his possession of a small amount of cocaine in his pocket. Vacated in part.
Court: 4th Circuit, Judge: Benjamin , Filed On: August 17, 2023, Case #: 22-4284, Categories: Drug Offender, Firearms, Sentencing
Per curiam, the North Dakota Supreme Court finds that the juvenile court properly terminated the parental rights over two minor children. The children were in need of protection, and the circumstances causing the need for protection were likely to continue. Affirmed.
Court: North Dakota Supreme Court, Judge: Per curiam, Filed On: August 17, 2023, Case #: 2023ND158, Categories: Family Law
J. McKeown finds that the district court properly entered judgment imposing over $8 million in penalties against a taxpayer for promoting a tax-avoidance scheme that involved charitable deductions claimed in connection with the donation of unwanted timeshares. Affirmed.
Court: 9th Circuit, Judge: McKeown, Filed On: August 17, 2023, Case #: 22-35208, Categories: Tax
J. Chun denies the city's motion to strike the testimony of the psychiatrist's expert regarding the psychiatrist's lawsuit alleging that the health department invaded his privacy when investigating an anonymous complaint accusing the psychiatrist of engaging in "prostitution solicitation, illicit drug use and child pornography." While the expert misspoke on some issues, his testimony relies on several documents in the record and he can “reexamine any misstatements before trial."
Court: USDC Western District of Washington, Judge: Chun, Filed On: August 17, 2023, Case #: 3:20cv6015, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Experts, Discovery
J. Arnett sustains the contractor's appeal of the commercial services contract awarded by the U.S. Air Force for delivery of crane equipment, a tractor and fuel pods from Houston, TX to Diego Garcia in the Indian Ocean. Delays in Houston led to additional costs and the government contends the contractor relied upon unauthorized instructions from the shipper, making a business decision to wait. The contractor should not be penalized for waiting, satisfying its performance objective and honoring the special instructions of its One Time Only booking. The withdrawn container stuffing portion of the claim is dismissed.
Court: Armed Services Board Of Contract Appeals, Judge: Arnett , Filed On: August 17, 2023, Case #: 63407, Categories: Government, Military, Contract
J. Fitzgerald finds in favor of the insurance company against the full-service printing company’s claim that the insurance company wrongfully denied it coverage in an underlying lawsuit, in which the printing company allegedly attempted to solicit a competitor’s client after obtaining its confidential information by hiring its former employee. The Printers Errors and Omissions Policy that the printing company bases its claim on does not apply, because using misappropriated information when attempting to solicit business does not qualify as “printing services or products” under the policy.
Court: USDC Central District of California, Judge: Fitzgerald, Filed On: August 17, 2023, Case #: 2:21cv9896, NOS: Insurance - Contract, Categories: Insurance, Trade Secrets, Contract
J. Lawrence finds that the lower court improperly divided the marital property in this divorce case. It was error to set the value of certain real property "as of the date the parties separated rather than the date the parties divorced." Vacated in part.
Court: Maine Supreme Court, Judge: Lawrence, Filed On: August 17, 2023, Case #: 2023ME54, Categories: Family Law, Real Estate
J. Pitman rules in favor of the government in a civil rights action brought by individuals arising from the Treasury Department's decision to add Tornado Cash to the Specially Designated Nationals and Blocked Persons list. Although the individuals claim Tornado Cash is an open-source software project on a virtual currency blockchain, the government claims it is an organization running a cryptocurrency mixing service laundering money for illicit actors including a North Korean state-sponsored hacking group. The government's designation of Tornado Cash does not exceed its statutory powers and is not inconsistent with its regulations. Tornado Cash has a property interest in the smart contract software programs because they provide it with a means to control and use crypto assets. The government's action does not implicate the First Amendment.
Court: USDC Western District of Texas , Judge: Pitman, Filed On: August 17, 2023, Case #: 1:23cv312, NOS: Administrative Procedure Act/Review or Appeal of Agency Decision - Other Suits, Categories: Civil Rights, Government
J. Seibel approves of the consent decree between the Washington cabinet store and the New York cabinet store, which states that the New York cabinet store's marketing of "Cabinets To Go" infringes on the Washington cabinet store's existing trademarks. Among other stipulations, the New York cabinet store and its officers are restrained from marketing the "Cabinets To Go" marks, names or similarly confusing designations.
Court: USDC Southern District of New York, Judge: Seibel, Filed On: August 17, 2023, Case #: 7:23cv3732, NOS: Trademark - Property Rights, Categories: Settlements, Trademark
J. Gesner grants summary judgment to a county alleged of discriminating against and firing a firefighter based on his age. The firefighter, who began training at the age of 46, passed all initial physical and written tests required. Certain staff and supervisors made comments about him being old for a firefighter, then academy trainers recommended his termination for failure to meet department trainee standards. The academy determined that while the firefighter passed the bare minimum requirements, he did so poorly in terms of the anticipated team dynamics and duress expected during a real fire emergency. The alleged comments he heard are not correlated strongly enough to establish age discrimination, especially in light of the academy’s evaluation.
Court: USDC Maryland, Judge: Gesner, Filed On: August 17, 2023, Case #: 1:21cv2108, NOS: Employment - Civil Rights, Categories: Employment, Employment Discrimination, Employment Retaliation