196 results for 'filedAt:"2023-11-08"'.
J. Carney-Axon grants, in part, motion to dismiss for failure to state a claim in this lawsuit brought by a citizen on allegations of governmental misconduct against the department of revenue, an auditor and the district attorney. The citizen alleges after he was a witness in another case involving his son, the department initiated an audit of his taxes, which was governmental conspiracy of retaliation. The citizen failed to state a plausible claim against the state and district attorney that the claims were in fact due to his son’s case. The citizen must show cause on why the auditor’s motion to dismiss should not be dismissed.
Court: USDC Northern District of Alabama , Judge: Carney-Axon, Filed On: November 8, 2023, Case #: 2:23cv1116, NOS: Other Civil Rights - Civil Rights, Categories: Tax
J. Smith finds for the U.S. in this post-award bid protest related to a contract to provide wheelchair van transportation services because the fair evaluation met solicitation criteria.
Court: Court of Federal Claims, Judge: Smith, Filed On: November 8, 2023, Case #: 22-1037, Categories: Contract
J. Grasham grants an individual and organizations' motion for preliminary injunction to enjoin the State from enforcing Idaho’s abortion trafficking statute, Idaho Code Section 18-623, which criminalizes adults who assist pregnant minors who are seeking abortions. The individual and two organizations who provide assistance to pregnant people, including minors, allege the statute is unconstitutionally void for vagueness and infringes on the fundamental right to intrastate travel. The organization and individual's "facial vagueness challenge further establishes a constitutional interest upon which Article III standing can be tested pre-enforcement." The statute "plainly prevents Plaintiffs from engaging in their intended protected activities of communicating information, advocacy, support, assistance, funding, and association with minors located in Idaho who are seeking to procure or obtain legal abortion services."
Court: USDC Idaho, Judge: Grasham, Filed On: November 8, 2023, Case #: 1:23cv323, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights
J. Grasham denies in part the state's motion to dismiss an individual and organizations' claim that Idaho’s criminal abortion trafficking statute, Idaho Code Section 18-623, is unconstitutional. The organization and individual have stated plausible claims that the statute violates their constitutional rights under the First and Fourteenth Amendments and that it infringes on their right to interstate travel.
Court: USDC Idaho, Judge: Grasham, Filed On: November 8, 2023, Case #: 1:23cv323, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights
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
J. DuBow finds that the lower court properly sentenced defendant to two years of probation for making false reports to school officials that her son was being sexually abused by a Children Youth and Services Agency employee who had never actually met her son. Defendant’s disclosure of the abuse to mandated reporters, who are required by law to make a “childline report” after learning of potential child abuse, is considered a false report. Affirmed.
Court: Pennsylvania Superior Court, Judge: DuBow, Filed On: November 8, 2023, Case #: J-S39012-23, Categories: Constitution, Identification
J. Kyzar finds that the trial court erred in granting the exception of prescription in favor of the company member in the former employee's suit to recover unpaid wages and commissions. The timely filed suit against the company interrupted prescription as to the member. Reversed.
Court: Louisiana Court Of Appeal, Judge: Kyzar, Filed On: November 8, 2023, Case #: CA-23-166, Categories: Civil Procedure, Employment
J. Kyzar finds that defendant was properly convicted of sexual battery, malfeasance in office, and filing or maintaining false public records stemming from incidents involving a female patrol officer and fraudulent traffic tickets that happened when he was a police chief. There was no double jeopardy violation in this case, and the victim's testimony about the incidents was sufficient evidence that defendant committed sexual battery. Affirmed in part.
Court: Louisiana Court Of Appeal, Judge: Kyzar, Filed On: November 8, 2023, Case #: KA-23-218, Categories: Evidence, Double Jeopardy, Battery
J. Walker finds that the Workers’ Compensation Board of Review properly denied a medical supplies deliverer’s application for workers’ compensation after he sprained his knee while descending a short set of stairs during a delivery. He was injured while working, but could not show that his work caused the injury, notably because he did not slip, trip or fall, and had not been carrying supplies when the injury happened; he had already dropped off the delivery. Affirmed.
Court: West Virginia Supreme Court Of Appeals, Judge: Walker, Filed On: November 8, 2023, Case #: 21-754, Categories: Tort, Premises Liability, Workers' Compensation
Per curiam, the appeals court finds the attorney did not exercise professional diligence in concluding that defendant’s appeal from his conviction for child abandonment was frivolous. Counsel’s brief identifies defendant by the wrong name and references the incorrect trial judge. Wrong dates were used when discussing the applicable statute of limitations, and counsel’s analysis of the sufficiency of the evidence included no factual details, applied the incorrect standard of review and failed to identify the applicable statute. Counsel’s motion to withdraw is granted. The appeal is removed from the docket, abated and remanded to the trial court to appoint new counsel. Abated.
Court: Texas Courts of Appeals, Judge: Per curiam, Filed On: November 8, 2023, Case #: 12-23-00095-CR, Categories: Due Process, Child Victims
J. Silberman finds that the trial court properly denied property owners injunctive relief from a town ordinance allowing public use of private beaches under the customary use doctrine since the court applied the correct statute. However, well-pleaded takings claims remain pending.
Court: Florida Courts Of Appeal, Judge: Silberman, Filed On: November 8, 2023, Case #: 2D23-251, Categories: Property, Injunction
J. Hixson finds the trial court properly entered summary judgment in favor of the car wash owner in this dispute over the sale of several car washes. A settlement agreement was executed by the parties to resolve disputes arising from the seller’s creation of additional companies to effectuate the sale. The purchaser paid himself a $100,000 commission for the project’s closure and withheld this amount from the sale price plus six month’s wages for the seller’s hiring of two of the purchaser’s employees. No party agreed in writing to pay a broker’s commission pursuant to the settlement agreement. The second amended counterclaim alleging contract breach and the third-party complaint contain new and relevant allegations and evidence and the trial court’s dismissal is reversed. Affirmed in part. Reversed in part and remanded.
Court: Arkansas Court Of Appeals, Judge: Hixson, Filed On: November 8, 2023, Case #: CV-21-461, Categories: Commerce, Settlements, Contract
J. Barrett finds the circuit court properly terminated the mother’s parental rights to her four minor children. A petition for emergency custody and dependency-neglect was originally filed for one of her sons after he told police that his mother hit him with a belt for not cleaning his room. A family-service worker found the mother to be violent toward the children, which were all removed. The mother failed to make progress with services and continued to make poor decisions that placed the children at risk of harm. All evidence supports termination and the best interest finding. Affirmed.
Court: Arkansas Court Of Appeals, Judge: Barrett, Filed On: November 8, 2023, Case #: CV-23-307, Categories: Evidence, Family Law, Guardianship
J. Gruber finds the trial court properly convicted defendant for attempted battery of a law enforcement officer and fleeing. Defendant was arrested after the officer, who knew he had arrest warrants, stopped the vehicle in which he was a passenger. Defendant fled in the vehicle after a short altercation and the officer pursued him, performing a vehicle immobilization maneuver to stop the vehicle. Defendant drove the vehicle directly at the officer, who shot at the vehicle three times to disable it. All events were captured on the officer’s dash cam. All evidence is sufficient to support the convictions and was properly entered. All jury instructions were proper. Affirmed.
Court: Arkansas Court Of Appeals, Judge: Gruber, Filed On: November 8, 2023, Case #: CR-22-460, Categories: Evidence, Escape, Battery
J. Gladwin finds the circuit court properly entered a final order of protection against the husband, accused of verbally threatened to kill his wife, threatening to kill her parents and threatening to ruin his wife’s career. He also spit in her face, punched holes in the wall by her, threw furniture at her, shot a gun above her head during an argument and texted her a photo of himself with the barrel of a rifle in his mouth. All evidence supports the order. The husband was also properly served. His entry of appearance and motion for continuance expressly acknowledged the court’s jurisdiction over both parties, consenting to that jurisdiction. Affirmed.
Court: Arkansas Court Of Appeals, Judge: Gladwin, Filed On: November 8, 2023, Case #: CV-22-387, Categories: Evidence, Restraining Order, Jurisdiction
J. Brown finds the circuit court properly found the jury pool member guilty of indirect criminal contempt for failure to appear. When he was ordered to appear to show cause as to why he should not be held in contempt, he again failed to appear. After his arrest, at a hearing, he stated that he did not want to wear a face mask due to a medical condition, clarifying that he had called the court to explain that he was a truck driver who kept irregular hours. The case coordinator on the call told him he failed to provide the clerk’s office with his unavailable dates in advance and was still ordered to be present. The coordinator stated that he then hung up on her. In a later email, he stated that he is “free person ... not asking to be on this jury.” Defendant was at all times aware that the state’s witnesses were members of the court staff and raised no objection. He fails to demonstrate that he was prejudiced by the court’s denial of his motion for new trial based on the judge’s failure to recuse. Affirmed.
Court: Arkansas Court Of Appeals, Judge: Brown, Filed On: November 8, 2023, Case #: CR-23-179, Categories: Evidence, Judiciary, Contempt
J. Virden finds the circuit court properly revoked defendant’s probation and suspended imposition of sentence for his guilty plea conviction for domestic battery. Defendant failed to pay fines, costs and fees, nor did he meet with his probation officer according to the terms of his probation. He also committed the new offense of domestic battery. All evidence supports the revocation. Defendant’s arrest and incarceration for the new offense were not related to revocation proceedings and his time in jail could not have been due to his inability to make bail in the revocation proceedings. The court correctly ruled that no jail-time credit is warranted. Affirmed.
Court: Arkansas Court Of Appeals, Judge: Virden, Filed On: November 8, 2023, Case #: CR-23-122, Categories: Probation, Bail, Battery
J. Logue finds the trial court properly found for the father in his and the mother's dispute over parental responsibility for their minor child. The mother cannot at this point challenge the trial court's award of ultimate decision-making authority and majority time sharing to the father because she did not properly object to that arrangement when it was raised multiple times at trial. Affirmed.
Court: Florida Courts Of Appeal, Judge: Logue, Filed On: November 8, 2023, Case #: 22-0140, Categories: Family Law
J. Stadtmueller partially grants the estate administrator's motion to admit testimony from a policing expert in a lawsuit against the city and police officers over a citizen's death when the driver of a stolen car the officers were pursuing crashed into the citizen's car. The administrator's expert will be permitted to proffer his opinion that officers should have discontinued their pursuit of the stolen car, as it is "more likely than not reliable and helpful," but the expert is barred from giving opinions on three other matters, including that the city police department's policies created an unreasonable danger. The administrator's motion to amend its expert's report is granted and its motion to correct a statement of stipulated facts is denied.
Court: USDC Eastern District of Wisconsin, Judge: Stadtmueller, Filed On: November 8, 2023, Case #: 2:22cv320, NOS: Other Civil Rights - Civil Rights, Categories: Experts, Wrongful Death, Police Misconduct
J. O'Connor finds for a city on a mayor's claims arising, in part, from the city's refusal to investigate a foundation he believed to be engaging in unlawful actions and the city's alleged silencing of his public criticism of the foundation. The mayor lacks standing to pursue disputed terms within the city's charter, fails to show municipal liability for his free speech claim and fails to adequately plead his due process claim.
Court: USDC Northern District of Texas , Judge: O'Connor, Filed On: November 8, 2023, Case #: 4:19cv992, NOS: Other Civil Rights - Civil Rights, Categories: Government, Due Process, First Amendment
J. Schumacher finds that defendant was properly denied relief from his second-degree murder conviction stemming from the shooting death of his friend during a night of drinking since his conviction was supported by witness testimony and DNA evidence. Affirmed.
Court: Iowa Court Of Appeals, Judge: Schumacher, Filed On: November 8, 2023, Case #: 22-2024, Categories: Dna, Evidence, Murder
J. Africk grants summary judgment to the FDIC, the government-appointed receiver of a failed New Orleans bank, finding a group of insurance policies cover the FDIC’s timely claims against the bank’s CEO for breach of fiduciary duty and gross negligence in approving loans at the director level.
Court: USDC Eastern District of Louisiana , Judge: Africk, Filed On: November 8, 2023, Case #: 2:22cv9, NOS: Insurance - Contract, Categories: Bankruptcy, Insurance, Banking / Lending
J. Schumacher finds that defendant was properly convicted of first-degree murder and other charges. Defendant moved for a mistrial after a charge of possession of a firearm by a felon was mentioned during trial, but he declined the court's offer to instruct the jury to ignore the statement at the time. Affirmed.
Court: Iowa Court Of Appeals, Judge: Schumacher, Filed On: November 8, 2023, Case #: 21-0797, Categories: Murder, Jury Instructions
J. Hendon finds the trial court improperly convicted defendant for reckless driving and sentenced him to time served, and both the conviction and sentence are reversed. Considering the facts of the case, including that defendant burned rubber out of an intersection and passed several cars while going 25 to 30 miles per hour on a road with a dashed yellow line allowing for such passing, defendant's actions were perhaps careless but do not rise to the level of reckless driving under Florida law. Reversed.
Court: Florida Courts Of Appeal, Judge: Hendon, Filed On: November 8, 2023, Case #: 22-2023, Categories: Evidence, Vehicle