174 results for 'filedAt:"2024-03-21"'.
J. Luthy finds that counsel should have asked for a unanimity jury instruction on an aggravated sexual abuse of a child charge. But defendant was not prejudiced since the activity supporting the charge occurred during the same interaction that resulted in his rape of child conviction. And admission of hearsay testimony was likely error but did not cause prejudice since it was the same as other properly admitted evidence. Affirmed.
Court: Utah Court Of Appeals, Judge: Luthy, Filed On: March 21, 2024, Case #: 20210381-CA, Categories: Confrontation, Ineffective Assistance, Sex Offender
J. Bonilla grants plaintiff review of the decision denying attorney fees in claims brought under the National Childhood Vaccine Injury Act of 1986 because the special master failed to consider that the claim was made in good faith and was not meritless.
Court: Court of Federal Claims, Judge: Bonilla, Filed On: March 21, 2024, Case #: 10-667V, Categories: Attorney Fees
J. Horan grants, in part, a test prep company's motion for discovery in its case against a competitor for allegedly copying its materials and trade dress. The company has shown limited jurisdictional discovery related to the contacts between the competitor and another party is appropriate.
Court: USDC Northern District of Texas , Judge: Horan, Filed On: March 21, 2024, Case #: 3:23cv447, NOS: Copyrights - Property Rights, Categories: Copyright, Trademark, Discovery
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J. Neville finds that the appeals court properly held that defendant's negotiated plea agreement for possession of cannabis waived his claim to presentence custody credit. The agreement only provided credit for the 54 days he had spent in custody, not for time he spent on home detention prior to the plea, and this deal deserves the presumption that both parties came to a negotiated agreement over defendant's amount of sentence credit. Affirmed.
Court: Illinois Supreme Court, Judge: Neville, Filed On: March 21, 2024, Case #: 129402, Categories: Drug Offender, Sentencing, Plea
J. Wicker vacates the trial court's granting of defendant's motion to quash the bill of information charging him with unlawful presence of a sex offender at a school. The statute bars the presence of a defendant from school property if that defendant was convicted of a sex offense "when the victim is under the age of thirteen." Defendant claims he pled guilty to pornography involving juveniles under the age of seventeen and not to the crime of pornography involving the sentencing enhancement applicable when the pornography involved juveniles under the age of thirteen. In this case, the state claims that the La. R.S. 14:91.2(A) applies to any convicted sex offender, regardless of the required elements of the underlying crime, when the state can prove at trial that the underlying sex offense factually involved a victim under the age of thirteen. Vacated.
Court: Louisiana Court Of Appeal, Judge: Wicker, Filed On: March 21, 2024, Case #: 23-KA-381, Categories: Evidence, Sex Offender
Per curiam, the Massachusetts Court of Appeals supports upholding a cease-and-desist against a homeowner running a reptile breeding facility in his home, in which he breeds bearded dragons, turtles and insects intended to be the reptiles’ food. These animals are not agricultural, bearded dragons are not customary pets, and even if turtles are customary pets, keeping 60 in a basement is not customary. Affirmed.
Court: Massachusetts Court Of Appeals, Judge: Per curiam, Filed On: March 21, 2024, Case #: 23-P-332, Categories: Municipal Law, Zoning, Injunction
J. Totenberg denies the officials' motion to dismiss the couple's mandamus action alleging that the officials unreasonably delayed adjudicating the immigrant husband's I-601A provisional unlawful presence waiver application. The couple seeks to compel the officials to adjudicate the application, which has been pending for more than two years. The waiver provision of the Immigration and Nationality Act does not strip the instant court of jurisdiction to review the couple's unreasonable delay claim because the provision precludes judicial review of actions, not inaction.
Court: USDC Northern District of Georgia, Judge: Totenberg, Filed On: March 21, 2024, Case #: 1:23cv1478, NOS: Other Immigration Actions - Immigration, Categories: Immigration
[Consolidated.] J. Rovner finds that the lower court properly ordered defendant to pay $1.2 million in restitution for her role in a scheme to file hundreds of fraudulent tax returns. The evidence supports the calculation of the restitution figure and does not support characterizing some of the false returns as part of a separate scheme. Affirmed.
Court: 7th Circuit, Judge: Rovner, Filed On: March 21, 2024, Case #: 22-1360, Categories: Fraud, Restitution, Tax
J. Hawthorne finds that Colorado’s Taxpayer’s Bill of Rights requires water conservancy districts to get approval from the voters before it may increase its mill levy under the Water Conservancy Act. The lower court must revise its opinion and find in favor of the property owners that sued a conservancy district over its decision to increase the mill levy from 0.5 mill to 1.0 mill. Reversed.
Court: Colorado Court Of Appeals, Judge: Hawthorne, Filed On: March 21, 2024, Case #: 2024COA28, Categories: Tax, Water
Per curiam, the appellate division finds that attorney Daniel Joseph O'Phelan should be suspended immediately from practice on the basis of medical incapacity. O'Phelan was removed from active status in Alaska and Hawaii due to disability, and was under investigation in New York on a client complaint when he cited physical and neurological issues in response to requests for information. That disciplinary matter is now stayed for the duration of the suspension, which will last until O'Phelan seeks reinstatement.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: March 21, 2024, Case #: PM-51-24, Categories: Attorney Discipline
J. Maldonado denies a home owner’s motion to amend their long-delayed RICO complaint against a bank and assorted real estate interests, and furthermore dismisses the complaint for lack of jurisdiction. The court finds it lacks jurisdiction over some of the real estate interests, and that there’s little indication the home owner's amended complaint would address the generally unactionable allegations of the complaint currently before the court.
Court: USDC Northern District of Illinois, Judge: Maldonado, Filed On: March 21, 2024, Case #: 1:15cv10610, NOS: Racketeer Influenced and Corrupt Organizations (RICO) - Other Suits, Categories: Real Estate, Jurisdiction, Racketeering
J. Erickson finds a lower court properly dismissed a mother's challenge to a termination ruling of her parental rights. The mother argued that she was entitled to alter the court's judgment. However, the county sufficiently showed that the court lacks jurisdiction based on her untimely filing. Affirmed.
Court: 8th Circuit, Judge: Erickson, Filed On: March 21, 2024, Case #: 22-1902, Categories: Family Law, Jurisdiction
J. Melloy finds a lower court properly dismissed a civilian's civil rights claims against the government. The civilian argued that police officers wrongfully removed him from a motel room without establishing eviction measures, even though his stay at the establishment was part of a program for elderly and vulnerable adults during Covid-19. However, government attorney's sufficiently showed in court that the police officers are entitled to qualified immunity for removing him from the premises based on his status as a hotel guest and not a protected tenant. Affirmed.
Court: 8th Circuit, Judge: Melloy, Filed On: March 21, 2024, Case #: 23-1835, Categories: Civil Rights, Immunity, Covid-19
J. Catlett finds a lower court partly properly dismissed an insurance company's motion for denial of coverage for an insured driver. The driver argued that the insurance company was obligated to cover damages from a car accident she was involved in under a automobile policy and a personal liability umbrella policy. However, although the insured failed to ignite proceedings under the auto policy within the statute of limitations, she may be entitled to relief under the umbrella policy. Reversed in part.
Court: Arizona Court Of Appeals Division One, Judge: Catlett, Filed On: March 21, 2024, Case #: 1 CA-CV 23-282, Categories: Insurance, Contract
J. Ezra partially adopts a report and recommendations and enters judgment in favor of outdoor company YETI in a trademark suit with several other people and brands after YETI said that some its products that were intended for destruction instead ended up at unauthorized resellers across the country. The sale of products bearing YETI’s “famous and distinctive mark” misled consumers into believing they were buying authorized products.
Court: USDC Western District of Texas , Judge: Ezra, Filed On: March 21, 2024, Case #: 1:22cv1337, NOS: Trademark - Property Rights, Categories: Fraud, Trademark
J. Contreras finds that the lower court improperly granted summary judgment to the defendant store in this premises liability lawsuit alleging that a shopper was injured when she "slipped and fell on some water." The lower court erred in excluding certain expert testimony, specifically regarding the store's maintenance of the roof and its efforts to "contain the leak." Additionally, there are fact issues remaining for the jury. Reversed.
Court: Texas Courts of Appeals, Judge: Contreras, Filed On: March 21, 2024, Case #: 13-23-00205-CV, Categories: Evidence, Negligence, Experts
J. DuBow finds that the lower court improperly sustained the preliminary objections filed by a lawyer in this legal malpractice suit alleging breach of contract filed by a past client, who filed pro se. The court cannot recharacterize the litigant’s contract claim as a tort claim and then dismiss the complaint on the grounds that the statute of limitations ran out. Reversed.
Court: Pennsylvania Superior Court, Judge: DuBow, Filed On: March 21, 2024, Case #: J-A21027-23, Categories: Jurisdiction, Legal Malpractice, Contract