169 results for 'filedAt:"2023-08-18"'.
J. Means finds Texas and other states lack standing to challenge the government’s denial of their rulemaking petition pertaining to definitions of what constitutes a public health emergency, in which the states argue the Department of Health and Human Services has handed over the country’s sovereignty to the World Health Organization. The states fail to show an injury in fact and, therefore, lack standing.
Court: USDC Northern District of Texas , Judge: Means, Filed On: August 18, 2023, Case #: 4:23cv66, NOS: Administrative Procedure Act/Review or Appeal of Agency Decision - Other Suits, Categories: Civil Procedure, Constitution, Government
J. Gottschall denies a banking services company’s motion to dismiss a construction company’s breach of contract claims against it, but grants its motion to transfer the case to the District of Southern Texas. The court finds that is a more appropriate venue for this contract dispute, as that is where the construction company’s Chapter 11 bankruptcy case is pending.
Court: USDC Northern District of Illinois, Judge: Gottschall, Filed On: August 18, 2023, Case #: 1:22cv1449, NOS: Negotiable Instrument - Contract, Categories: Bankruptcy, Construction, Contract
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J. LaRose finds that the trial court properly convicted defendant of murdering his girlfriend and daughter and attempted murder of his son because evidence and testimony supported the conviction and defendant received a fair, error-free trial. Affirmed.
Court: Florida Courts Of Appeal, Judge: LaRose, Filed On: August 18, 2023, Case #: 2D21-2460, Categories: Murder, Sentencing
J. Polster denies Kroger's motion to exclude the expert witness's testimony, ruling his opinions on the results of several surveys of Ohio pharmacists - specifically, whether there were concerns about dispensing opioids - are not contradictory. Although he admits there were not specific questions about opioids, the answers about general concerns regarding dispensation of prescriptions indicate concern about the subset of opioid medications at issue in this lawsuit.
Court: USDC Northern District of Ohio, Judge: Polster, Filed On: August 18, 2023, Case #: 1:17md2804, NOS: Other Personal Injury - Torts - Personal Injury, Categories: Negligence, Experts, Class Action
J. Bright finds the lower court improperly denied the inmate's request for certification to appeal because the statement from the victim withheld by police prior to the inmate's trial on sexual assault and unlawful restraint was material to his defense and provided him with a viable habeas claim. Therefore, the petition for a writ of habeas corpus will be granted, the inmate's conviction for unlawful restraint will be vacated, and the case will be remanded for a new trial. Reversed.
Court: Connecticut Court Of Appeals, Judge: Bright, Filed On: August 18, 2023, Case #: AC45442, Categories: Evidence, Habeas, Sex Offender
J. Kellum remands this case to the lower court to allow the defendant to present evidence in support of his claim regarding a prior Rule 32 petition, which challenged his conviction and sentence for felony murder. He argues that he failed to appeal the dismissal of the prior petition "through no fault of his own." The court concludes that the current petition is not successive and that he is entitled to present his evidence.
Court: Alabama Court of Criminal Appeals, Judge: Kellum, Filed On: August 18, 2023, Case #: CR-2023-0287, Categories: Criminal Procedure, Evidence, Murder
J. Osowik finds defendant was not prejudiced by the trial court's admission of recorded phone calls between herself and the family member who had custody of her children at the time the victim died of a drug overdose. Her attorney was able to effectively cross-examine the family member about the circumstances of the calls, while her custody of the children did not automatically harm her credibility. Meanwhile, although the trial court erroneously refused to admit text messages from the victim to defendant on hearsay grounds, the error was harmless because the messages have no value to defendant's case and were not exculpatory in any way. Affirmed.
Court: Ohio Court Of Appeals, Judge: Osowik, Filed On: August 18, 2023, Case #: 2023-Ohio-2905, Categories: Drug Offender, Evidence, Manslaughter
J. Nagala grants the employer and labor union's motions to dismiss, ruling that because the union did not employ the employee, he cannot bring any wage or employment-related claims against it. Meanwhile, the failure by the employee to file his suit within two years of the employer's alleged failure to pay overtime requires dismissal.
Court: USDC Connecticut, Judge: Nagala, Filed On: August 18, 2023, Case #: 3:22cv927, NOS: Other Labor Litigation - Labor, Categories: Civil Procedure, Labor
Vice Chancellor Glasscock grants partial summary judgment to the sellers of a group of Florida hospitals in claims concerning the allocation of government payments. Under the unambiguous language of the parties' asset purchase agreement, the distributions in question align with the sellers' interpretation.
Court: Delaware Chancery Court, Judge: Glasscock, Filed On: August 18, 2023, Case #: 2022-0289-SG, Categories: Contract
[Consolidated.] J. Pillard upholds the district court's dismissal of two groups of South African residents' challenge to the delay in the U.S. government's processing of their visa applications, which they completed after each making at least $500,000 investments in qualifying U.S. job-creating enterprises. They fail to show the 4-year delay is unreasonable, or that the government is not following its processing policy. Affirmed.
Court: DC Circuit, Judge: Pillard, Filed On: August 18, 2023, Case #: 22-5313 , Categories: Immigration
J. McCool finds on application for rehearing that the lower court properly dismissed defendant's Rule 32 petition challenging his conviction for capital murder. He argues the lower court erred "by adopting verbatim the State's proposed order," but the record does not show that it was "not the product of the court's independent judgment." Affirmed.
Court: Alabama Court of Criminal Appeals, Judge: McCool, Filed On: August 18, 2023, Case #: CR-20-0537, Categories: Criminal Procedure, Murder
J. McCool finds that the lower court improperly dismissed the charges against defendant following a pretrial hearing. Defendant argued that the charges were a result of "predatory police practices" and that the traffic stop was illegal. However, the lower court was not authorized to dismiss the charges based on "a pretrial determination of credibility." Reversed.
Court: Alabama Court of Criminal Appeals, Judge: McCool, Filed On: August 18, 2023, Case #: CR-2023-0061, Categories: Criminal Procedure
J. Lange grants parents leave to file their second complaint against school employees and the Rapid City Area School District for claims that their child was abused, includeing leaving the child in soiled pull-ups, forcing the child to eat "unsafe" sensory foods, and disciplining through spanking and seclusion.
Court: USDC South Dakota, Judge: Lange, Filed On: August 18, 2023, Case #: 5:22cv5015, NOS: Education - Civil Rights, Categories: Education
J. Pyle finds that defendant was properly convicted of leaving the scene of an accident and obstruction of justice because evidence indicates defendant left the scene of an accident with the injured party's limb attached to his truck and attempted to conceal the evidence by placing the limb in a trash can. Given defendant's 40-year criminal history, he was properly given a total sentence of four years. Affirmed.
Court: Indiana Court Of Appeals, Judge: Pyle, Filed On: August 18, 2023, Case #: 22A-CR-2813, Categories: Evidence, Obstruction, Vehicle
J. Gould finds that the district court properly entered judgment in favor of the City and County of San Francisco after officers arrested an individual. The police had probable cause to conduct the arrest of the individual. Affirmed.
Court: 9th Circuit, Judge: Gould, Filed On: August 18, 2023, Case #: 21-16547, Categories: Civil Rights
J. Livingston finds that the district court properly found for a law school accused of blocking public view of two interior wall murals depicting state involvement in the abolitionist movement. The artist contends federal legislation protects works from modification or destruction, but erecting acoustic barriers concealing the murals, which some people deemed offensive, did not constitute harm. Affirmed.
Court: 2nd Circuit, Judge: Livingston, Filed On: August 18, 2023, Case #: 21-2904, Categories: Damages, Injunction
J. Seeley finds the wife's failure to raise her due process claim, which stemmed from the court's decision to grant the husband custody of the parties' children, before the trial court renders that argument abandoned. Meanwhile, the trial court properly denied her motion for a continuance because she had several months to prepare for the custody hearing but chose not to complete a psychological evaluation or submit a financial affidavit with the court, both of which could have had a substantial impact on the outcome of the case. Affirmed.
Court: Connecticut Court Of Appeals, Judge: Seeley, Filed On: August 18, 2023, Case #: AC45100, Categories: Civil Procedure, Evidence, Family Law
J. Srinivasan vacates the district court's finding for the Department of Veterans Affairs on a law firm's Freedom of Information Act case pertaining to documents concerning veterans and VA beneficiaries who are added to a background check system that identifies those barred from owning guns for having been adjudicated as "'mental defectives.'" The VA fails to show the documents it withheld on deliberative process and attorney-client privileges are exempt from disclosure. Vacated in part.
Court: DC Circuit, Judge: Srinivasan, Filed On: August 18, 2023, Case #: 21-5108 , Categories: Public Record, Veterans
[Consolidated.] J. Scudder finds the district court properly convicted defendants for providing material support to ISIS. The court rejected defendant’s contention that evidence showed that the government induced his commission of the offense through its “sting” tactics arising from the FBI’s monitoring of defendant’s online activity. The district court properly instructed the jury on the elements of entrapment, and the jury’s firsthand determination is given deference. Affirmed.
Court: 7th Circuit, Judge: Scudder, Filed On: August 18, 2023, Case #: 21-1482, Categories: Terrorism, Entrapment
J. Rakoff denies third-party defendant James Staley's motion to dismiss JPMorgan's claims against him alleging that Staley, who was the head of JPMorgan’s private banking division when Jeffrey Epstein first became its client, concealed Epstein's sex trafficking operation. JPMorgan’s fiduciary duty claim stands because Staley continued to do business with Epstein until 2013, before which he actively worked to convince JPMorgan to keep Epstein as a client despite JPMorgan wanting to sever ties with him. Staley's conduct ultimately caused JPMorgan damage when the public became aware of Epstein's sex trafficking operation.
Court: USDC Southern District of New York, Judge: Rakoff, Filed On: August 18, 2023, Case #: 1:22cv10904, NOS: Other Statutory Actions - Other Suits, Categories: Fiduciary Duty, Racketeering