195 results for 'filedAt:"2023-12-21"'.
J. Lum finds that defendant's conviction for second-degree assault was supported by sufficient evidence despite the temporary nature of the victim's hearing loss. The use of the word "protracted" in the criminal statute does not mean a permanent injury; rather, the standard definition of the term means prolonged or extended, which was satisfied in this case by the victim's loss of hearing for nearly five months. Affirmed.
Court: Colorado Court Of Appeals, Judge: Lum, Filed On: December 21, 2023, Case #: 2023COA122, Categories: Evidence, Assault
J. McShan finds that the lower court improperly convicted defendant based on his guilty plea to rape involving a child because the agreement to waive indictment and prosecute by superior court information was jurisdictionally defective since such is not permitted when the crime involves a class A felony punishable by life imprisonment. Reversed.
Court: New York Appellate Divisions, Judge: McShan, Filed On: December 21, 2023, Case #: 113189, Categories: Criminal Procedure, Sex Offender, Plea
J. Abelson grants the condominium board's motion to dismiss a tenant's Fair Housing Act and Americans with Disabilities Act violation claims alleging discrimination and retaliation. The tenant fails to allege that she was treated adversely because of her alleged disabilities. Rather, she alleges that she was discriminated against because of her race and that those adverse actions harmed her because she has disabilities such as anxiety and a mold allergy.
Court: USDC Maryland, Judge: Abelson, Filed On: December 21, 2023, Case #: 1:23cv1559, NOS: Housing/Accommodations - Civil Rights, Categories: Ada / Rehabilitation Act, Housing
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J. Mize finds that the trial court properly ruled in favor of the sales coordinator by denying motions for directed verdict and to set aside the verdict in this tortious interference complaint. The impact rule does not apply to intentional torts. However, there is confusion in jurisprudence concerning the applicability of whether the impact rule applies to the tort of intentional interference with an advantageous business relationship. The court certifies two questions to the First District Court related to Florida's impact rule and how it applies to tort of tortious interference with an advantageous business relationship. Affirmed.
Court: Florida Courts Of Appeal, Judge: Mize, Filed On: December 21, 2023, Case #: 6D23-1379, Categories: Tort, Interference With Contract
J. Sutton finds the lower court properly found for the school district because the Individuals with Disabilities Education Act does not require a district to provide accommodations for students with disabilities in a post-secondary educational setting, including the dual-enrollment program at Morehead University for gifted high school students. Although the student in this case is not the typical age for a college student, the university program involves college courses and living on a campus more than 180 miles away from his high school, all of which renders it post-secondary education and relives the district of its duty to provide an individualized education plan. Affirmed.
Court: 6th Circuit, Judge: Sutton, Filed On: December 21, 2023, Case #: 22-6091, Categories: Ada / Rehabilitation Act, Education
J. Reiber finds the Environmental Division properly found in favor of the Vermont Permanency Initiative for a zoning permit from the town to renovate property owned by the initiative to house disabled youth. The undisputed facts show the property will be a group home for disabled youth. Affirmed.
Court: Vermont Supreme Court, Judge: Reiber, Filed On: December 21, 2023, Case #: 22-AP-324, Categories: Property, Housing
J. Kearse finds that the district court properly dismissed negligent misrepresentation and warranty claims brought against two art dealers concerning a Mark Rothko forgery because the claims accrued before or on the date of purchase. Thus, the claims were untimely since New York law does not offer extensions for reasonably discoverable claims. However, the buyer's fraud claims were not time-barred, and thus his request to amend was improperly deemed futile. Affirmed in part.
Court: 2nd Circuit, Judge: Kearse, Filed On: December 21, 2023, Case #: 21-2221, Categories: Civil Procedure, Fraud, Warranty
J. Sulek finds the lower court properly terminated the father's parental rights and granted permanent custody of the children to family services. His severe drug addiction and psychological issues have shown no sign of improvement during the case and prevent him from ever providing a safe and stable environment for the children. Affirmed.
Court: Ohio Court Of Appeals, Judge: Sulek, Filed On: December 21, 2023, Case #: 2023-Ohio-4681, Categories: Evidence, Family Law
Per curiam, the appellate division finds that the lower court improperly granted the city's motion to compel the plaintiff to appear for an independent medical examination. The city cannot show good cause for the delay in bringing its request, and the record shows a lack of diligence in seeking discovery. Reversed.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: December 21, 2023, Case #: 06601, Categories: Tort, Discovery
J. Pritzker finds that the lower court properly declined to adjudicate defendant as a youthful offender after he pleaded guilty to burglary. That defendant was 18 years old at the time and had been placed in foster care at an early age due to parental neglect did not overcome his history of serious and violent crimes, including multiple burglaries. However, the sentence on one of two counts in defendant's conviction should be reduced in the interest of justice. Affirmed.s
Court: New York Appellate Divisions, Judge: Pritzker, Filed On: December 21, 2023, Case #: 112252, Categories: Burglary, Juvenile Law, Sentencing
J. Azrack finds in favor of Nassau County prison officials and dismisses a civil rights complaint concerning the death of an inmate at the Nassau County Correctional Center. The inmate was viciously attacked in his cell by a fellow Bloods gang member and later died from his wounds. His sister, who filed the case on his behalf as estate administrator, fails to present any evidence of a previous altercation that would have shown that her brother faced an impending attack from the assailant.
Court: USDC Eastern District of New York, Judge: Azrack, Filed On: December 21, 2023, Case #: 2:14cv125, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Police Misconduct
J. Joseph grants the joint motion to lift a stay in the pension fund's lawsuit claiming unpaid contributions from the general contractor. The general contractor's motion to enforce the parties' previous settlement agreement to bar the fund from filing a new complaint is denied, but the fund's motion to file a third amended complaint is also denied, as it untimely seeks to add a new claim unrelated to the central claim regarding contributions to the fund for hours worked by the contractor's employees. The parties are ordered to confer on a discovery plan to explore whether the contractor's employees were performing work covered by the collective bargaining agreement from June 1, 2020, through December 31, 2021, and they are ordered to submit a joint letter regarding the plan to the court by January 8, 2024.
Court: USDC Eastern District of Wisconsin, Judge: Joseph, Filed On: December 21, 2023, Case #: 2:22cv1299, NOS: Employee Retirement Income Security Act (ERISA) - Labor, Categories: Erisa, Contract
J. Sasso finds that the court of appeal improperly upheld a verdict favoring a resort in premises liability claims because the error in denying the resort guest a jury challenge potentially contributed to the verdict. Reversed.
Court: Florida Supreme Court, Judge: Sasso, Filed On: December 21, 2023, Case #: SC2022-0984, Categories: Jury, Negligence
J. McLeese vacates, in part, the lower court's denial of a brother's renewed motion to remove his sister as the personal representative of their father's estate. Contrary to the lower court's finding, it had jurisdiction to hear the motion based on changed circumstances or newly discovered evidence. Vacated in part.
Court: DC Court of Appeals, Judge: McLeese, Filed On: December 21, 2023, Case #: 21-PR-0658, Categories: Civil Procedure, Wills / Probate
J. Easterly reverses the trial court's refusal to suppress GPS data collected from defendant's monitoring device, which placed him at the location of a carjacking. The Court Services and Offender Supervision Agency, an officer of which ordered defendant to wear the GPS device for two weeks, does not have the power to impose GPS monitoring without the authorization of the parole commission. Reversed.
Court: DC Court of Appeals, Judge: Easterly, Filed On: December 21, 2023, Case #: 17-CF-1376 , Categories: Constitution, Search
J. Elrod finds the trial court properly convicted defendant for various drug trafficking and firearm charges based on sufficient evidence. Quantities of cocaine and firearms were discovered in defendant's possession, and evidence was properly admitted through the independent source doctrine, which allows for information arrived through an independent source. Affirmed.
Court: 5th Circuit, Judge: Elrod , Filed On: December 21, 2023, Case #: 22-30690, Categories: Drug Offender, Evidence, Firearms
[Consolidated.] J. Wilson partly grants mandamus relief to the company and estate executor who challenge certain paragraphs in interlocutory judgments rendered for three probate court cases that involve a stock purchase agreement. The trial court abused its discretion in issuing the challenged paragraphs and "by failing to declare that the Estate owns the shares."
Court: Texas Courts of Appeals, Judge: Wilson, Filed On: December 21, 2023, Case #: 14-23-00147-CV, Categories: Civil Procedure, Wills / Probate, Contract
J. Baker finds a lower court improperly disbarred a barrister of a law firm who spent six weeks in prison. The government argued that it properly jailed the barrister for failing to disclose that he represented a company in court, while holding the role as the company's partner. However, the barrister sufficiently showed in court that he purged all monies he made from his unlawful transactions. Reversed.
Court: Her Majesty's Court of Appeal, Judge: Baker, Filed On: December 21, 2023, Case #: CA-2023-2368, Categories: Fraud, Attorney Discipline
J. Webb finds the circuit court improperly awarded damages to the homebuyer in connection with drainage and mold issues following a real estate deal. The circuit court awarded the damages based on a breach of contract, but the buyer alleged only fraud and deceit, not breach of contract. Vacated.
Court: Arkansas Supreme Court, Judge: Webb , Filed On: December 21, 2023, Case #: CV-20-265, Categories: Fraud, Property, Damages
J. Valderrama denies a Chicago resident's motion for a preliminary injunction against Amazon, barring it from operating a warehouse on the city's west side while this case against it is pending. The resident, who lives near the warehouse site, claims Amazon does not have the special use permit it would need to legally operate the facility in accordance with Chicago zoning rules. Though the court agrees there is a possibility Amazon may be in violation of some zoning rules, it also finds the resident has not established how she would suffer the "irreparable harm" needed to justify a preliminary injunction order.
Court: USDC Northern District of Illinois, Judge: Valderrama, Filed On: December 21, 2023, Case #: 1:23cv14163, NOS: All Other Real Property - Real Property, Categories: Municipal Law, Property, Injunction
J. Delaney finds the trial court properly granted the state's motion to suppress evidence of the victim's prior violent behavior. Although defendant proceeded with a theory of self-defense, it was clear he was unaware of any previous violence on the victim's part at the time of the incident that led to domestic violence charges; therefore, the evidence would not have affected the outcome of the trial. Affirmed.
Court: Ohio Court Of Appeals, Judge: Delaney, Filed On: December 21, 2023, Case #: 2023-Ohio-4692, Categories: Evidence, Domestic Violence, Self Defense