159 results for 'filedAt:"2024-04-18"'.
J. Ryan finds the trial court properly admitted screenshots of Facebook messages at defendant's trial even though they were submitted only one day before the trial began. The prosecution was not made aware of the evidence until it was submitted to the court and promptly informed defendant and provided the screenshots to his attorney. Meanwhile, testimony from defendant's co-conspirator that defendant was the shooter was sufficient to convict him of murder, even though the testimony was part of a plea deal with the state. In any case, that testimony was corroborated by surveillance footage. Affirmed.
Court: Ohio Court Of Appeals, Judge: Ryan, Filed On: April 18, 2024, Case #: 2024-Ohio-1469, Categories: Evidence, Murder
J. Kemp finds the circuit court properly denied defendant's petitions for leave to proceed in forma pauperis and for extraordinary writs. Defendant was sentenced to 72 months in prison on his no-contest plea conviction on sexual assault charges. He does not plead the facial invalidity of the judgment or the trial court’s lack of jurisdiction, as necessary, having not pleaded his actual innocence. Defendant has not properly alleged illegal detainment. Affirmed.
Court: Arkansas Supreme Court, Judge: Kemp , Filed On: April 18, 2024, Case #: CR-22-450, Categories: Sentencing, Sex Offender, Plea
J. Pickering finds the juvenile court improperly certified the juvenile for murder and robbery proceedings as an adult. The 14-year-old, with an IQ of 66, was originally found incompetent, followed by competency-restoration before he was eventually declared competent. The juvenile court did not address conflicting expert testimony as to the juvenile's understanding of the proceedings and ability to assist counsel. The court applied juvenile-court-specific competency standards, emphasizing there is no right to a jury trial in juvenile delinquency adjudication. Vacated.
Court: Nevada Supreme Court, Judge: Pickering , Filed On: April 18, 2024, Case #: 84563, Categories: Competence, Juvenile Law, Murder
J. Suarez finds the lower court properly terminated the mother's parental rights. Although she loved and had a bond with her child, she refused to engage in mental health services or therapy to remedy issues that caused the initial removal and disrupted visits by being rude and demeaning to family services employees. Affirmed.
Court: Connecticut Court Of Appeals, Judge: Suarez, Filed On: April 18, 2024, Case #: AC46639, Categories: Evidence, Family Law
J. Stiglich finds the district court properly found for the property owner who claims his use of his property was denied. Before either property owners in this dispute acquired their land, a wall had been erected between the properties that did not follow the property line. The owner sought to have the wall removed, and the other owner filed a complaint for a prescriptive easement or adverse possession. Adverse possession could not be established, as the other owner did not pay the property taxes on the disputed property. A prescriptive easement would result in the owner's complete exclusion from the property. Affirmed.
Court: Nevada Supreme Court, Judge: Stiglich , Filed On: April 18, 2024, Case #: 85305, Categories: Property, Tax
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[Consolidated.] J. Herndon finds the district court properly determined a per se regulatory taking occurred, awarding $48 million to the landowner. The city adopted a plan reclassifying ranch land as allowing for "residential densities," along with a golf course. The owner's efforts to develop the property were rendered futile by the city's actions, supporting that the regulatory taking occurred. The court properly relied on the owner's expert's valuation to determine just compensation, and the city did not challenge the valuation or provide an alternative. Affirmed.
Court: Nevada Supreme Court, Judge: Herndon , Filed On: April 18, 2024, Case #: 84345, Categories: Administrative Law, Environment, Property
J. Stiglich finds the district court improperly declared several statutes regulating unfinished firearms unconstitutional, granting a permanent injunction against the laws' enforcement. The court found the definition of "unfinished frame or receiver" was impermissibly vague, concluding it did not explain key terms or notify individuals precisely when raw materials became an unfinished frame or receiver. The defining terms have ordinary meanings that provide sufficient notice of what the statutes proscribe. The statutes are general intent statutes that do not lack a scienter requirement and do not pose a risk of arbitrary or discriminatory enforcement. Reversed.
Court: Nevada Supreme Court, Judge: Stiglich , Filed On: April 18, 2024, Case #: 83999, Categories: Constitution, Firearms
Per curiam, the appellate division finds that attorney Scott Pinsky of California may resign from the New York bar for nondisciplinary reasons. His request was initially opposed since he was not current on registration requirements, but Pinsky supplied a supplemental affidavit demonstrating compliance.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: April 18, 2024, Case #: PM-68-24, Categories: Attorney Discipline
J. Egan finds that the lower court properly denied plaintiff coverage for water damage caused by a burst radiator pipe in an empty home he had listed for sale. Plaintiff failed to overcome the policy exclusion for frozen pipes in residences that are either vacant, unoccupied, or under construction, since two of the three provisions applied, and he also failed to take measures to shut off the water before leaving on an extended overseas trip. Affirmed.
Court: New York Appellate Divisions, Judge: Egan, Filed On: April 18, 2024, Case #: CV-23-0362, Categories: Insurance
J. Ruiz upholds the trial court's suppression of a firearm seized from defendant's backpack. The government failed to show defendant had abandoned the backpack when the officers retrieved it, without probable cause or a warrant, from a hidden spot within a home with which defendant had a connection. Affirmed.
Court: DC Court of Appeals, Judge: Ruiz, Filed On: April 18, 2024, Case #: 19-CO-1094 , Categories: Evidence, Firearms, Search
J. Abele finds that the lower court properly granted the board of commissioners' motion for summary judgment. It did not breach its duty of care to the residents whose home was damaged by a sewer backup that developed quickly and was unclogged nearly as soon as the city became aware of the issue. Although the sewer line had become clogged in the past, the residents presented no evidence the city knew of any deterioration or defects that would have required it to take preventive action before another clog developed, and so it cannot be held responsible for property damage. Affirmed.
Court: Ohio Court Of Appeals, Judge: Abele, Filed On: April 18, 2024, Case #: 2024-Ohio-1569, Categories: Evidence, Government, Negligence
J. Gilbert finds that the trial court erred in striking an employee's Private Attorneys General Act complaint. She has standing under the Act to sue on behalf of herself and other employees because she alleged she was an "aggrieved" employee and was deprived of timely meal periods, which made her subject to at least one labor law violation. Reversed.
Court: California Courts Of Appeal, Judge: Gilbert, Filed On: April 18, 2024, Case #: B326759, Categories: Civil Procedure, Employment
[Consolidated.] J. Urda finds for the commissioner of internal revenue in this tax liability dispute because the taxpayers failed to demonstrate they suffered theft in relation to a fraudulent stock purchase or a deduction-eligible loss.
Court: U.S. Tax Court, Judge: Urda, Filed On: April 18, 2024, Case #: 2024-47, Categories: Tax
J. Chen allows some disability discrimination claims to proceed against CVS from around a half-dozen CVS health plan participants who say the plans are designed to discriminate against people living with HIV/AIDS. The participants say the company makes it needlessly inconvenient and complicated for them to get their medications and that CVS ignores requests from participants looking to opt-out. At least one of the half-dozen participants has proven that they reached out to CVS to opt-out several times, but were ignored or denied each time. This is enough to show that they were denied benefits under their plan, allowing some of the claims to continue to the next stage.
Court: USDC Northern District of California, Judge: Chen, Filed On: April 18, 2024, Case #: 3:18cv1031, NOS: Other Labor Litigation - Labor, Categories: Health Care, Insurance
Per curiam, the appellate division finds that the lower court properly convicted defendant based on his guilty pleas to drug possession in two indictments. Defendant contends the concurrent parts of his sentence were harsh, but he secured a "highly advantageous" plea agreement despite having an extensive criminal history. Affirmed.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: April 18, 2024, Case #: 112056, Categories: Drug Offender, Sentencing, Plea
Per curiam, the appellate division finds that the lower court properly convicted defendant based on his guilty plea to robbery for forcibly taking a wallet from a woman outside a store, as defendant's claim that his sentence was harsh was precluded by his valid appeal waiver. Affirmed.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: April 18, 2024, Case #: 113230, Categories: Robbery, Sentencing, Plea
J. McShane finds in favor of the nonprofit association against the student's complaint that the association wrongfully denied him a fifth-year hardship waiver to play football during his final year of high school, even though the student had several mental health disabilities including depression, post-traumatic stress disorder, oppositional defiance disorder and ADHD. The student did not have an individualized education plan and thus did not require the waiver, because the student had education success plans all throughout his high school education, and he does not present any evidence that the available academic support systems were insufficient in helping him graduate.
Court: USDC Oregon, Judge: McShane, Filed On: April 18, 2024, Case #: 6:22cv1228, NOS: Amer w/Disabilities - Other - Civil Rights, Categories: Civil Rights, Ada / Rehabilitation Act, Education
J. Summerhays awards $248,000 to a deckhand on a shrimp boat against the vessel’s owner for injuries sustained in an allision. The employer deliberately failed to investigate the seaman’s injury claim that the captain of the boat had been drinking and the vessel was traveling at approximately 40 mph when it struck an oil platform. The employer also failed to respond to the injured seaman’s suit and “callously” failed to provide the injured deckhand with medical benefits and living expenses during his recovery.
Court: USDC Western District of Louisiana , Judge: Summerhays, Filed On: April 18, 2024, Case #: 6:19cv1442, NOS: Marine - Contract, Categories: Employment, Maritime, Damages
J. Cain denies summary judgment to four corrections officers on excessive force claims by an inmate who they say has a history of violent and defiant behaviors and expressing homicidal ideation. A prison video over his cell suggests he “may have taken one step for one second outside of his cell; it does not show that he was attempting an escape or that he completely walked out of his cell.” The video does not show what occurred inside Cell 13, nor is there audio to determine if the inmate was ordered back into his cell.
Court: USDC Western District of Louisiana , Judge: Cain, Filed On: April 18, 2024, Case #: 2:20cv1042, NOS: Other Civil Rights - Civil Rights, Categories: Constitution, Police Misconduct
J. Currault grants a request by a woman injured in a traffic accident with the driver of a truck owned by a holding company, compelling disclosure of the individual owners of all members of its limited liability corporations. The holding company’s responses are insufficient, and the citizenship of the truck’s owners is a “fundamental threshold issue” that must be addressed. “Although this may be a case in which sealing the identities of upstream owners may be justified,” the holding company must provide the litigant with a redacted list of individuals or entities.
Court: USDC Eastern District of Louisiana , Judge: Currault, Filed On: April 18, 2024, Case #: 2:22cv480, NOS: Motor Vehicle - Torts - Personal Injury, Categories: Civil Procedure, Tort, Discovery
J. Dimke grants the Belgian ice cream producer's second motion for default judgment for its complaint that the manufacturing company used a wrongfully obtained patent on ice-molds and related products, which caused non-party Amazon to remove the Belgian ice cream producer's "Combo Mold" product from its listings because of reports that the Belgian ice cream producer infringed on its own product. The manufacturing company's patents are invalid, because the Belgian ice cream producer has sold its Combo Mold since June 2015 and its Four Sphere Mold since August 2018, while the manufacturing company applied for design patent protection on Sep. 30, 2020 for seemingly identical product designs.
Court: USDC Eastern District of Washington, Judge: Dimke, Filed On: April 18, 2024, Case #: 2:22cv29, NOS: Patent - Property Rights, Categories: Patent
J. Kim grants, in part, a woman’s motion to compel a county’s deposition and production of documents in her excessive force case. Certain requested information, such as complaints made against local police officers, where the city started disciplinary actions against officers who used excessive force and investigations into officers' use of force, is relevant to her case.
Court: USDC Eastern District of California, Judge: Kim, Filed On: April 18, 2024, Case #: 2:22cv1936, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Discovery
J. Conley denies health care providers' motion to dismiss an estate's claims. A man hung himself with a bedsheet and died in his cell, while in the custody of the county jail. The estate filed a lawsuit against the court, jail employees, and healthcare providers who treated the decedent, but later amended the complaint to include additional health care providers. The providers motioned to dismiss the matter claiming the estate did not exercise due diligence in identifying all of the decedent's health care providers, and that it exceeded the statute of limitations when it amended the complaint to name them. It is possible that the amended complaint was timely filed.
Court: USDC Western District of Wisconsin, Judge: Conley, Filed On: April 18, 2024, Case #: 23cv167, NOS: Personal Injury - Health Care/Pharmaceutical Personal Injury/Product Liability - Torts - Personal Injury, Categories: Health Care, Tort, Negligence
J. Contreras grants the appellant's motion for rehearing and replaces the prior opinion with the current opinion, holding that the lower court properly granted the appellee's motion to dismiss this breach of contract lawsuit pursuant to Rule 91a. The court concludes that "attorney immunity applies" to the case, meaning the claim had no basis in law. The judgment is modified, however, as to the award of attorney fees. Affirmed.
Court: Texas Courts of Appeals, Judge: Contreras, Filed On: April 18, 2024, Case #: 13-23-00122-CV, Categories: Civil Procedure, Attorney Fees, Contract
J. Zimmerer finds that the lower court improperly overturned the suspension of the individual's driver's license stemming from a traffic stop and her arrest for DWI. There was substantial evidence to support the administrative judge's decision to suspend the license, and the "Miranda Confusion Doctrine" is not recognized in Texas as a defense for refusing the breath test. Reversed.
Court: Texas Courts of Appeals, Judge: Zimmerer, Filed On: April 18, 2024, Case #: 14-23-00506-CV, Categories: Licensing, Vehicle
J. Zimmerer finds that the trial court properly denied the individual's petition for a name change, specifically to change the style of her name from all capital letters to capital and lowercase letters. Based on the evidence, the individual did not request that her name be changed under the relevant statute. Affirmed.
Court: Texas Courts of Appeals, Judge: Zimmerer, Filed On: April 18, 2024, Case #: 14-23-00677-CV, Categories: Civil Procedure, Family Law