177 results for 'filedAt:"2023-06-09"'.
J. Fridy finds that the lower court improperly deviated from the child-support guidelines without making the required written findings in this modification proceeding. Accordingly, that part of the case must be remanded for a new judgment that either awards child support in accordance with the guidelines or provides a written justification for the deviation. Reversed in part.
Court: Alabama Court of Civil Appeals, Judge: Fridy, Filed On: June 9, 2023, Case #: CL-2022-0916, Categories: Civil Procedure, Family Law
J. Mikva finds that the lower court properly convicted defendant of criminal sexual assault and kidnapping, and sentenced him to 22 years in prison after allowing his victim, an adult with intellectual disabilities, to testify via closed-circuit TV. This expansion of special procedures originally extended to child victims is not unconstitutional because the state has a reasonable interest in protecting the psychological welfare of vulnerable citizens. Affirmed.
Court: Illinois Appellate Court, Judge: Mikva, Filed On: June 9, 2023, Case #: 200966, Categories: Confrontation, Constitution, Sex Offender
J. Simms denies reconsideration of an asphalt roller operator’s motion to dismiss a personal injury suit brought by the operator’s coworker after he hit and injured him with the roller. While the operator argues that this suit cannot proceed according to the jurisdiction in which the injury occurred — Washington D.C. — Maryland actually has a greater interest in the case based on its workers’ compensation law. Therefore, the coworker’s claim cannot be dismissed based on jurisdiction.
Court: USDC Maryland, Judge: Simms, Filed On: June 9, 2023, Case #: 8:22cv1076, NOS: Other Personal Injury - Torts - Personal Injury, Categories: Employment, Tort, Workers' Compensation
J. Nowell finds that the lower court properly denied appellant's third motion to return certain tangible property, including a wallet and retired law enforcement credentials. He fails to show that he is entitled to return of the property, as there was no finding that a warrant was issued without "good ground." Also, he fails to preserve his issue concerning certain digital property. Affirmed.
Court: Texas Courts of Appeals, Judge: Nowell, Filed On: June 9, 2023, Case #: 05-22-00530-CV, Categories: Evidence, Property
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J. Settle dismisses the advisory company's fraud claim in its lawsuit alleging that the hearing instruments manufacturer made assurances that it would enter into a new supply agreement with the advisory company, but instead it terminated the existing contract without notice and solicited direct sales from the advisory company's customers without its knowledge. The advisory company bases its fraud claim on the manufacturer's statements that it "would never drop Fuel Medical without notice," and how “a new contract was imminent,” but these statements indicate a possible future rather than a current event.
Court: USDC Western District of Washington, Judge: Settle, Filed On: June 9, 2023, Case #: 3:22cv5934, NOS: Other Contract - Contract, Categories: Fraud, Contract
J. Alvord finds the Compensation Review Board properly upheld the Workers' Compensation Commissioner's denial of benefits to the city employee whose hand was disfigured when he lit a firework found while supervising a neighborhood cleanup program. The lighting of the firework was not within the scope of his job duties. Although cleaning up trash, including the firework, was undoubtedly part of his job, the employee provided no evidence that disposal of trash by burning it was ever advised by the city, and because the lighting of the firework was the only cause of the injuries, he was not entitled to benefits. Affirmed.
Court: Connecticut Court Of Appeals, Judge: Alvord, Filed On: June 9, 2023, Case #: AC45106, Categories: Employment, Evidence, Workers' Compensation
J. McDermott finds that the city was properly granted summary judgment in claims contending the city was vicariously responsible for plaintiff's being raped by a police officer because committing rape constituted such a departure from the officer’s duty to provide an intoxicated passenger a courtesy ride home that his actions fell outside the scope of his employment. Affirmed.
Court: Iowa Supreme Court, Judge: McDermott, Filed On: June 9, 2023, Case #: 21-1072, Categories: Employment, Municipal Law, Negligence
J. Walker affirms in part and reverses in part the lower court’s order denying the correctional agency and two officers’ motion to dismiss the former inmate’s civil suit claiming the state violated the Prison Rape Elimination Act when the officers passed word to other inmates that plaintiff was a sex offender, and later allowed those inmates to enter his cell, where they sodomized him with a broom stick, forced him to eat feces and drink urine and threatened to kill him. Since they are discretionary functions, the court finds the agency is entitled to qualified immunity on the former inmate’s negligent training and supervision claim, as he has failed to demonstrate how the agency violated a clearly established statutory or constitutional right in training or supervising the officers.
Court: West Virginia Supreme Court Of Appeals, Judge: Walker, Filed On: June 9, 2023, Case #: 21-0905, Categories: Civil Rights, Government, Assault
J. Albright denies a motion to dismiss or alternatively transfer to the Northern District of California after one company sued a competitor for alleged infringement of a patent on unspecified technology. The competitor has failed to show why the other court would be clearly more convenient, and the company that sued has alleged the competitor has links to the Western District of Texas.
Court: USDC Western District of Texas , Judge: Albright, Filed On: June 9, 2023, Case #: 6:22cv259, NOS: Patent - Property Rights, Categories: Patent, Venue
Per curiam, the circuit finds that the district court improperly dismissed personal injury claims brought after a professional golfer fell when his foot got caught in a pothole adjacent to a utility gas cap in a Manhattan crosswalk. Because the golfer and his wife settled with the utility, judicial estoppel did not apply to subsequent claims brought against the city for poor street maintenance.
Court: 2nd Circuit, Judge: Per curiam, Filed On: June 9, 2023, Case #: 22-709, Categories: Civil Procedure, Negligence
J. Fox finds that the lower court properly convicted defendant of sexual abuse. Defendant claims the prosecutor committed prosecutorial misconduct by misusing testimony during opening and closing statements, but there is no evidence that the testimony was improperly used. Affirmed.
Court: Wyoming Supreme Court, Judge: Fox, Filed On: June 9, 2023, Case #: S-22-0249, Categories: Prosecutorial Misconduct, Sex Offender
J. Lambert finds the trial court for the most part properly convicted defendant of second-degree attempted murder with a firearm and discharging a firearm from a vehicle in connection with an incident in which he shot his estranged wife's boyfriend in the jaw, drove away and disposed of the gun in a river, after which it was never found. However, defendant's tampering with evidence conviction and sentence must be overturned because the trial court erred in denying his motion to block his confession from being used to prove he took the gun from the scene and disposed of it, as there is a lack of substantial evidence independent of his confession to prove the tampering crime was committed with intent. The case is remanded so defendant can be acquitted of that charge, but the remainder of defendant's convictions and sentences are upheld without discussion. Affirmed in part.
Court: Florida Courts Of Appeal, Judge: Lambert, Filed On: June 9, 2023, Case #: 23-0053, Categories: Evidence, Firearms, Murder
J. Stanfill and the participating justices of the Maine Supreme Court answer certain questions propounded by the Maine Senate and the Maine House of Representatives in connection with four citizen-initiated measures. The transmittal of a measure by the secretary of state constitutes presentation to the legislature, and the Maine Constitution does not preclude its being carried over for consideration in a special session. Further, if a measure is enacted without change, then the identical measure in a proclamation by the governor must "not go to a referendum vote."
Court: Maine Supreme Court, Judge: Stanfill, Filed On: June 9, 2023, Case #: 2023ME34, Categories: Civil Procedure, Constitution, Government
J. Tallman finds that the district court properly denied defendant's federal petition for a writ of habeas corpus in a case in which defendant was sentenced to death for a murder in 1979. Defendant claimed that he is intellectually disabled and therefore cannot constitutionally be executed. Under a three prong test, defendant did not establish that he suffered from significantly sub-average intellectual functioning. Affirmed.
Court: 9th Circuit, Judge: Tallman, Filed On: June 9, 2023, Case #: 20-99012, Categories: Death Penalty, Habeas, Murder
J. Mitchell finds that the lower court properly awarded the patient $6.5 million in a medical negligence case stemming from its failure to diagnose her breast cancer. The trial court did not err in precluding defense counsel from using the word "unrebutted" in arguments to the jury regarding certain evidence, and did not incorrectly instruct the jury on the negligence claim. Affirmed.
Court: Illinois Appellate Court, Judge: Mitchell, Filed On: June 9, 2023, Case #: 220788, Categories: Jury, Medical Malpractice
Per curiam, the appellate division finds that the trial court improperly awarded money judgment in claims seeking payment for work an electrical subcontractor performed on a renovation project because the subcontractor failed to demonstrate it properly calculated damages or that damages should be calculated as the difference between the bid estimate and actual labor costs.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: June 9, 2023, Case #: CA 22-01470, Categories: Construction, Damages, Contract
Per curiam, the Vermont Supreme Court finds that the lower court properly granted the state's request for a protective order against a mother. The evidence shows the mother obstructed the child's medical care and had a "history of combative and defiant behavior." Affirmed.
Court: Vermont Supreme Court, Judge: Per curiam, Filed On: June 9, 2023, Case #: 22-AP-347, Categories: Evidence, Family Law
J. Talwani grants, in part, an insurer's motion for sanctions against two individuals in an ERISA case for their failure to participate in discovery. The individuals must pay a $500 fee and show cause why they should not be dismissed from the case.
Court: USDC Massachusetts, Judge: Talwani, Filed On: June 9, 2023, Case #: 1:21cv11750, NOS: Employee Retirement Income Security Act (ERISA) - Labor, Categories: Erisa, Sanctions, Discovery
Per curiam, the appellate division finds that the trial court properly dismissed a petition seeking to annul the decision granting a permit to construct a larger building than had been approved in the site plan. The town was not required to determine whether third parties might assert conflicting rights before granting the permit, and any violation of the open meetings law constituted mere negligence. Affirmed.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: June 9, 2023, Case #: CA 22-00164, Categories: Zoning
J. Cohen finds that although defendant correctly argues that the assessed 12-month probation term for his plea agreement on reckless driving is an illegal sentence, the denial of his rule 3.800(b)(2) motion must be upheld since his proper remedy was to seek to withdraw his plea. He should instead file an appropriate Florida Rule of Criminal Procedure 3.850 motion. Affirmed.
Court: Florida Courts Of Appeal, Judge: Cohen, Filed On: June 9, 2023, Case #: 6D23-384, Categories: Sentencing, Dui, Plea
J. McDonald finds that the city properly collected automated traffic citation fines not reduced to judgment in municipal infraction proceedings. The fines did not constitute illegal property taxes since the generation of revenue did not negate the city’s stated purpose of promoting safety. Affirmed in part.
Court: Iowa Supreme Court, Judge: McDonald, Filed On: June 9, 2023, Case #: 22-0536, Categories: Municipal Law, Property, Tax
J. Bush finds the trial court properly admitted evidence of defendant's 11 previous felony convictions at his trial on illegal possession of a firearm. The probative value of the evidence, which was used to prove defendant knew he was a felon precluded from possessing a gun, outweighed any chance of prejudice. Meanwhile, the trial court properly sentenced defendant as an armed career criminal because his North Carolina conviction for assault with a deadly weapon with intent to kill requires purposeful or knowing conduct and, therefore, qualifies as a violent felony under the Armed Career Criminal Act. Affirmed.
Court: 6th Circuit, Judge: Bush, Filed On: June 9, 2023, Case #: 21-5811, Categories: Evidence, Firearms, Sentencing