143 results for 'filedAt:"2023-11-17"'.
J. Hollander denies a community justice group’s motion to alter or amend the courts motion to dismiss judgment in favor of the Baltimore City Law Department, including the police department and several of its officers and other staff, its allegations of First Amendment violations for not releasing public records. The group argues the department has condoned or ratified an unconstitutional viewpoint of discrimination in failing to consider factual allegations. Therefore, they have failed in two respects to allege that there was a practice of disfavoring and any policymaker had actual knowledge of the exercised deliberate indifference for the wrongdoing.
Court: USDC Maryland, Judge: Hollander, Filed On: November 17, 2023, Case #: 1:22cv1901, NOS: Other Civil Rights - Civil Rights, Categories: Public Record, Police Misconduct
Per curiam, the appellate division finds that the trial court properly ruled for a company in slip and fall claims because the lease held the tenant responsible for all maintenance and repair, and the snow removal contract was not so comprehensive as to displace those duties. Affirmed.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: November 17, 2023, Case #: CA 22-00951, Categories: Negligence
J. Ervin-Knott finds that defendant was properly sentenced to 25 years imprisonment on his home invasion conviction. Defendant walked around the victim's house "at ease" before entering the house and attacking the elderly victim. Defendant pushed the victim down on the couch, threatened to rape her and kill her family if she did not give him money, and exposed his genitals to her. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Ervin-Knott, Filed On: November 17, 2023, Case #: 2023-KA-0453, Categories: Evidence, Sentencing, Sex Offender
J. Stegner finds that the district court properly held that it lacked the authority to seal court records regarding charges that defendant had dismissed under a plea agreement and which were later expunged from police records. Defendant relied on a recent statute which represents overreach by the legislature. He may try again to have the records sealed by invoking the law that gives this court the sole authority to create it own rules to govern the records of the judicial department. Affirmed.
Court: Idaho Supreme Court, Judge: Stegner, Filed On: November 17, 2023, Case #: 49358, Categories: Criminal Procedure, Plea
J. Chesler deposits monies into escrow related to amended claims contending a distributor failed to return all stored merchandise to a company following termination of their agreement because whether the distributor violated the release and is entitled to funds remains unclear.
Court: USDC New Jersey, Judge: Chesler , Filed On: November 17, 2023, Case #: 2:23cv1759, NOS: Other Contract - Contract, Categories: Contract
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. Longoria conditionally grants the doctor's petition for a writ of mandamus, in which he challenges the lower court's failure to rule on his summary judgment motion in the underlying health care liability action. Though courts have "broad discretion in how they conduct business," the lower court abused its discretion by failing to issue a ruling on the motion in a reasonable time. The relator doctor repeatedly requested a ruling, and the motion has been pending for over a year.
Court: Texas Courts of Appeals, Judge: Longoria, Filed On: November 17, 2023, Case #: 13-23-00460-CV, Categories: Civil Procedure, Health Care, Medical Malpractice
J. Totenberg grants the holding company's motion to exclude testimony, evidence and argument regarding the pizza box companies' document production in a breach of contract action. The pizza box companies failed to authenticate the documents contained in the exhibits and they are therefore inadmissible. The documents also have limited probative value. However, the holding company's motion to exclude testimony, evidence and argument regarding attorney-client privileged communications is denied. The privilege protecting the email communications in the exhibit has been waived in light of the company's failure to invoke the privilege even four years after the communications were disclosed.
Court: USDC Northern District of Georgia, Judge: Totenberg, Filed On: November 17, 2023, Case #: 1:18cv63, NOS: Other Contract - Contract, Categories: Discovery, Contract
J. Mansfield finds that defendant was properly convicted of operating while intoxicated and eluding. The district court improperly admitted officer bodycam video in which defendant agreed to a preliminary breath test, which implied defendant did not pass the test, but other evidence overwhelmingly demonstrated defendant drove while intoxicated. Affirmed.
Court: Iowa Supreme Court, Judge: Mansfield, Filed On: November 17, 2023, Case #: 22-0624, Categories: Evidence, Dui
J. Welbaum finds the Puss in Boots DVD and Minecraft UNO card game found in defendant's vehicle were sufficient for the lower court to find he violated the condition of his community control sanction that prohibited him from owning children's games or toys and allowed it to revoke his original sentence and impose a prison term. However, because the lower court relied on inaccurate information when it imposed its 30-month sentence, including that defendant had a prior felony sex conviction, that sentence must be vacated and the case remanded for proper analysis of the sentencing factors. Affirmed in part.
Court: Ohio Court Of Appeals, Judge: Welbaum, Filed On: November 17, 2023, Case #: 2023-Ohio-4157, Categories: Evidence, Sentencing, Sex Offender
J. Pepper grants the citizen's motion to proceed without pre-paying the filing fee in lawsuit in part alleging the property management company declined to lease him an apartment he applied for because he is Black and has a criminal conviction that is more than 20 years old. The citizen has adequately alleged the type of discrimination he faced, who discriminated against him and when, so his complaint can proceed and the U.S. Marshals Service is ordered to serve a copy of it to all the defendants in the lawsuit.
Court: USDC Eastern District of Wisconsin, Judge: Pepper, Filed On: November 17, 2023, Case #: 2:20cv1884, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Housing
Per curiam, the appellate division finds that the trial court properly convicted defendant of manufacture of methamphetamine and attempted use of a child in a sexual performance because defendant resided at the house in which the crimes occurred, and an interview inculpated him in both offenses. Meanwhile, the court properly admitted evidence of defendant's online search history and text messages, and the record did not support ineffective assistance claims. Affirmed.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: November 17, 2023, Case #: KA 20-01032, Categories: Drug Offender, Evidence, Ineffective Assistance
J. Bushong finds the Appeals Court erred in ruling that the victim was unable to show that disclosure was “necessary to serve a legitimate need” of the requesting party. “We reject the Court of Appeals’ interpretation of what is necessary to serve a victim’s legitimate need and conclude that the juvenile court in this case acted within the range of discretion granted by the statute in ordering disclosure to the victim.” Reversed.
Court: Oregon Supreme Court, Judge: Bushing, Filed On: November 17, 2023, Case #: S069912, Categories: Juvenile Law
J. Partida-Kipness finds that the lower court improperly entered a temporary injunction order against the appellant board members in this church dispute concerning "the rightful members of the Church's board of trustees." The injunction order is void for failure to comply with Rule 683. Reversed.
Court: Texas Courts of Appeals, Judge: Partida-Kipness, Filed On: November 17, 2023, Case #: 05-23-00579-CV, Categories: Civil Procedure
J. Aiken denies the mortgage lender's motion to dismiss the negative credit reporting claim in the homeowner's class action alleging that the lender accepted the homeowner's loan payments but reported them as late on his credit report. The homeowner sufficiently alleges that he suffered harm when the lender reported disputed past due amounts, because this allegedly false reporting denied the homeowner access to higher credit.
Court: USDC Oregon, Judge: Aiken, Filed On: November 17, 2023, Case #: 6:22cv1922, NOS: Commerce - Other Suits, Categories: Commerce, Class Action
Per curiam, the appellate division finds that the trial court properly allowed plaintiff to continue claims contending a school district failed to prevent bullying that led to a sophomore high school student's suicide because the school was not absolved from liability due to the fact that the suicide occurred off school premises since the school knew the student was being bullied for suffering Tourette's syndrome. Meanwhile, the parents had repeatedly complained to the principal about the harassment. Affirmed.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: November 17, 2023, Case #: CA 22-01318, Categories: Negligence, Wrongful Death
Per curiam, the appellate division finds that the family court properly granted a mother sole custody in this divorce action because the mother demonstrated that relocating to Tennessee would serve the best interests of the children. The maternal grandmother, who lived in Tennessee, could provide assistance to the mother, whose health had been declining. Affirmed.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: November 17, 2023, Case #: CAF 22-01641, Categories: Family Law
J. Winfree finds the superior court erred by rejecting the Office of Children’s Services’ appeal after the agency took emergency custody of a child within days of her birth. “There was evidence of ongoing domestic violence" between the parents. Reversed.
Court: Alaska Supreme Court, Judge: Winfree, Filed On: November 17, 2023, Case #: S-18500, Categories: Family Law
J. Barker grants the real estate owners' motion to dismiss, ruling the investors' vague allegations of wire fraud, which include mention of hundreds of phone calls but no specific details regarding alleged fraudulent valuations of various properties, are insufficient to satisfy the heightened pleading standard of their RICO claim.
Court: USDC Northern District of Ohio, Judge: Barker, Filed On: November 17, 2023, Case #: 1:22cv2183, NOS: Racketeer Influenced and Corrupt Organizations (RICO) - Other Suits, Categories: Fraud, Racketeering
J. Reidinger grants summary judgment to a law enforcement officer who allegedly pulled over a motorist and twisted his arms behind his back causing injury. The motorist, who alleges the officer violated several state and constitutional laws, was driving to meet someone and turned around after seeing a line of cars stopped in front of him. The line was a seatbelt checkpoint, so an officer tailed the motorist, assuming he was evading the checkpoint. The motorist allegedly did not stop for over three miles, then pulled over and got out of the car. The officer then allegedly twisted the motorist's arms to the point of injury that required medical attention. The motorist's claims of civil rights violations, unreasonable arrest and excessive force all fail because, based on his actions, the officer had probable cause.
Court: USDC Western District of North Carolina, Judge: Reidinger, Filed On: November 17, 2023, Case #: 1:21cv107, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Tort, Police Misconduct
J. Wozniak finds that the trial court improperly ordered specific performance under a sales contract with prospective buyers in a dispute over the legal description of property being purchased. The contract was not subject to specific performance due to the sales contract's ambiguity in the identity of the properties to be included in the sale. This constitutes a patent ambiguity that precludes enforcement of the contract. Reversed.
Court: Florida Courts Of Appeal, Judge: Wozniak, Filed On: November 17, 2023, Case #: 6D23-608, Categories: Evidence, Real Estate, Contract
J. Kirsch allows plaintiff to continue claims contending a truck driver tipped over a trailer containing a company's products and failed to pay for removal services. The complaint plausibly alleges the company and cargo group that employed the driver had entered a contract and that the cargo group failed to pay for the removal of hazardous substances from the crash site.
Court: USDC New Jersey, Judge: Kirsch , Filed On: November 17, 2023, Case #: 3:22cv6182, NOS: Other Contract - Contract, Categories: Contract