196 results for 'filedAt:"2023-12-20"'.
J. Greer finds that defendant was properly sentenced for first-degree theft, drug tax stamp violations, and conspiracy to commit a forcible felony because the lower court properly admitted victim impact statements in which jail staff described how their well being had been affected by knowing about defendant's plan to violently attack them. Affirmed.
Court: Iowa Court Of Appeals, Judge: Greer, Filed On: December 20, 2023, Case #: 22-1867, Categories: Drug Offender, Sentencing, Theft
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J. Immergut dismisses the hotel and management corporation from the trafficking survivor's complaint accusing them of knowingly benefitting from the sex trafficking committed against her on their premises. The trafficking survivor does not plausibly establish that either the hotel or the management corporation participated in a sex trafficking venture, because she does not allege sufficient facts establishing a tacit agreement between them and her sex trafficker.
Court: USDC Oregon, Judge: Immergut, Filed On: December 20, 2023, Case #: 3:23cv388, NOS: Other Personal Injury - Torts - Personal Injury, Categories: Property, Tort
J. Slaughter finds in favor of the insurance company for its complaint asserting that it has no duty to defend or indemnify the insured in an underlying lawsuit accusing him of sexually molesting his housekeeper while under the influence of drugs. The insured's alleged conduct is not covered by the insurance policy because California courts uniformly hold that sexual molestation is not "accidental" and thus is not coverable conduct. Even without that, the insured would not be covered because the insurance policy does not cover foreseeable harm, such as personal injury arising from a sexual assault, or actions committed under the use of drugs.
Court: USDC Central District of California, Judge: Slaughter, Filed On: December 20, 2023, Case #: 8:23cv301, NOS: Insurance - Contract, Categories: Insurance, Assault, Contract
J. Schumacher finds that defendant was properly convicted of assault with intent to inflict serious injury and other charges following a bar brawl in which a man was shot and killed because the self defense claim was negated by the medical examiner's determination that the victim had been shot from behind. Affirmed in part.
Court: Iowa Court Of Appeals, Judge: Schumacher, Filed On: December 20, 2023, Case #: 22-1974, Categories: Evidence, Assault, Self Defense
J. Brailsford denies an individual's motion for partial summary judgment regarding allegations of excessive force after police fired a less-lethal round at him and released a police dog on him. The individual was arrested after leading police on two car chases then failed to appear in court while he was out on bond. A warrant was issued for his arrest. The individual again led police on a high-speed chase, and after officers found him, they fired a less-lethal round at him, then released a police dog when the individual did not comply with commands to lie face down, and instead reached for his waistband. The individual did not submit a statement of facts supporting his motion for partial summary judgment. The officers are entitled to qualified immunity.
Court: USDC Idaho, Judge: Brailsford, Filed On: December 20, 2023, Case #: 1:22cv105, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights
J. Thierry finds that the trial court properly entered a judgment of possession in a succession case involving the partition of movable items in the decedent's home through a bidding process. The record shows that the heir consented to the executor's process for the partition and that the distribution of the items was an "in-kind partition and not a sale." Affirmed.
Court: Louisiana Court Of Appeal, Judge: Thierry, Filed On: December 20, 2023, Case #: CA-23-61, Categories: Property, Wills / Probate
J. Hoyle finds the county court properly terminated a father's parental rights to the child based on sufficient evidence. Investigators received a call from the mother saying that the child was injured in an altercation between her and the father when she was at his house to pick up the child. The investigator observed no injuries, though several investigators testified to regular occurrences of violence between the mother, father, and other family members, including legitimate threats involving weapons. Affirmed.
Court: Texas Courts of Appeals, Judge: Hoyle , Filed On: December 20, 2023, Case #: 12-23-00206-CV, Categories: Evidence, Family Law, Guardianship
J. Shadid rules an employee may pursue ADA claims against his former employer, a fabrication company. The employee, who claims he suffered eye injuries on the job, sufficiently showed in court that his former employer fired him without explanation.
Court: USDC Central District of Illinois, Judge: Shadid , Filed On: December 20, 2023, Case #: 1:23cv1103, NOS: Employment - Civil Rights, Categories: Ada / Rehabilitation Act, Employment, Employment Discrimination
J. Gettleman grants a clinical research company’s motion to dismiss one of its former stock holders’ contract, fraud, securities and estoppel claims. The stock holder claims the company provided him with misleading data as to the value of his shares, which in turn meant he took on a much higher tax liability than he was expecting when he sold the shares following a merger the company went through in 2021. However, the court agrees with the company that the stock holder has failed to show the company acted with fraudulent intent. The court also opines the stock holder has failed to show that the company “promised to provide him with accurate, updated fair market value information” through a separate trading platform.
Court: USDC Northern District of Illinois, Judge: Gettleman, Filed On: December 20, 2023, Case #: 1:23cv5782, NOS: Other Contract - Contract, Categories: Fraud, Securities, Contract
J. Tostrud grants the chamber of commerce's motion for a preliminary injunction halting enforcement of a portion of a newly-passed law banning "foreign influenced corporations" from making political contributions and independent expenditures in state elections. While preventing foreign influences on elections is a compelling state interest, the challenged provisions are not narrowly tailored restrictions on the exercise of First Amendment rights.
Court: USDC Minnesota, Judge: Tostrud, Filed On: December 20, 2023, Case #: 0:23cv2015, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Constitution, Injunction
J. Doty grants summary judgment to the employer and supervisors in the employee's suit alleging that he was constructively discharged for raising concerns about paramedic training practices, understaffing and the use of ketamine on unwilling patients. The employee's speech on those issues was not protected by the First Amendment, since all of the speech was in the course of his duties, and a performance improvement plan and a decision, after the employee quit, that he was ineligible for rehire are not sufficient to establish a constructive discharge. The employee also has not alleged a causal connection between his speech and these actions.
Court: USDC Minnesota, Judge: Doty, Filed On: December 20, 2023, Case #: 0:20cv1787, NOS: Employment - Civil Rights, Categories: Employment, Employment Discrimination
J. Boone recommends granting a petition for approval of a minor’s compromise in the amount of $19,000 arising from the death of his father, who suffered a seizure while incarcerated. The amount is a fair and reasonable settlement.
Court: USDC Eastern District of California, Judge: Boone, Filed On: December 20, 2023, Case #: 1:20cv538, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Settlements, Damages
Per curiam, the Supreme Court of Ohio finds the Cedar Point Police Department, created for and employed exclusively by a theme park, is required to respond to public records requests filed by news organizations. While it was not created by a state or local government, it serves as the functional equivalent of a public office through its law enforcement activity. Therefore, the news entities in this case are entitled to a limited writ of mandamus to compel production of documents related to incidents of alleged sexual abuse at the park's housing facilities, as well as reports related to an injury that occurred near one of the park's rollercoasters, but they will not be awarded attorney fees or statutory damages.
Court: Ohio Supreme Court, Judge: Per curiam, Filed On: December 20, 2023, Case #: 2023-Ohio-4593, Categories: Public Record, Attorney Fees