171 results for 'filedAt:"2023-06-20"'.
J. White finds defendant has failed to prove his counsel violated his Sixth Amendment rights by failing to advocate for him according to his will at his trial over his alleged sexual assault of a seven-year-old girl, which he was convicted of and received a 15-year split sentence. In part because the record shows defendant admitted to his counsel that he touched the girl inadvertently and never explicitly told counsel to argue his absolute innocence, and he also cannot show she conceded his guilt in her closing argument that pointed out inconsistencies in his testimony, the circuit court correctly found no Sixth Amendment violations and denied defendant's motion for a new trial. Affirmed.
Court: Wisconsin Court of Appeals, Judge: White, Filed On: June 20, 2023, Case #: 2021AP001705-CR, Categories: Constitution, Ineffective Assistance, Sex Offender
Per curiam, the circuit finds that the district court properly dismissed contract and free speech claims contending Yale University blocked reappointment of a voluntary assistant clinical professor for publicly stating a prominent Trump supporter had a "shared psychosis" with Trump and had "wholly taken on [his] symptoms by contagion" because her position did not provide contract or free speech protections. Affirmed.
Court: 2nd Circuit, Judge: Per curiam, Filed On: June 20, 2023, Case #: 22-2634, Categories: Employment, Contract, First Amendment
J. Agee finds the lower court properly affirmed a bankruptcy court order that entered a preliminary injunction preventing thousands of third-party asbestos claims from proceeding against the wallboard company, owned by Georgia-Pacific and its affiliates. The purpose of the bankruptcy would be defeated without the injunction because the company would be unable to address all the claims against it in one forum. Affirmed.
Court: 4th Circuit, Judge: Agee, Filed On: June 20, 2023, Case #: 22-1127, Categories: Bankruptcy, Asbestos
J. Valihura finds that erroneous FBI testing of hair samples in the 1980s did not overcome other relevant evidence to justify a new trial on rape and robbery charges. The trial court properly held that new evidence did not exculpate defendant because he remained a possible source of the hair samples upon retesting.
Court: Delaware Supreme Court, Judge: Valihura, Filed On: June 20, 2023, Case #: 218, 2022, Categories: Dna, Evidence
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Per curiam, the circuit finds that the district court properly set restitution and forfeiture in convicting defendant of wire and securities fraud in a scheme that solicited investors to develop an airport in Belize. Defendant waived his challenge to the $26.1 million restitution order and $26.5 million forfeiture order to ensure a previously negotiated sentence that eliminated enhancements. Affirmed.
Court: 2nd Circuit, Judge: Per curiam, Filed On: June 20, 2023, Case #: 21-2761-cr, Categories: Sentencing, Restitution, Securities
J. Aenlle-Rocha finds in favor of the Japanese trustee for the American trustee's claim that the former advised the latter to sell Omniture to Adobe in December 2013, triggering a potential tax liability that would mitigate the Japanese trustee's own tax liability if TPP Capital Advisors (TPP) was the majority owner and the sale happened in Japan. The American trustee admitted that he and other trustees obtained ownership interests in TPP to create the tax avoidance strategy and the documents to defraud the Japanese National Tax Agency, which is illegal and against California public policy. Also, recordings clearly established that the Japanese trustee offered the American trustee and other trustees TPP ownership interest exchange for their assistance with the NTA audit.
Court: USDC Central District of California, Judge: Aenlle-Rocha, Filed On: June 20, 2023, Case #: 5:19cv1824, NOS: Other Contract - Contract, Categories: Tax, Fiduciary Duty, Contract
J. Wicks rules on a motion to compel filed in a putative class action lawsuit brought by four children against that alleges New York State’s Department of Health failed to provide mental health services to eligible children under Medicaid. A dispute arose between the two parties concerning the keywords used to search for emails relevant to their claims in 24 department custodians’ official email accounts. The court directs the state agency to use the litigants’ most recently proposed search terms, which turned up approximately one million relevant documents for review.
Court: USDC Eastern District of New York, Judge: Wicks, Filed On: June 20, 2023, Case #: 2:22cv1791, NOS: Other Civil Rights - Civil Rights, Categories: Health Care, Discovery, Class Action
J. Baker finds that the $600 fine the trial court imposed on defendant for a DUI conviction was authorized by statute. However, it also had the discretion to allow him to satisfy the mandatory fine some other way than spending his entire $600 Covid-19 stimulus funds. Reversed.
Court: Montana Supreme Court, Judge: Baker, Filed On: June 20, 2023, Case #: DA 21-0406, Categories: Sentencing, Dui
J. Miller finds the trial court erroneously granted the livestock farm buyers' motion for summary judgment on contract claims because language in the agreement, along with testimony from the seller, indicates there was not a universal release clause that would preclude liability on any future claims from the sellers. Therefore, there was an issue of fact as to whether the seller fully released all claims or only those related to property involved in the sale. Reversed.
Court: Ohio Court Of Appeals, Judge: Miller, Filed On: June 20, 2023, Case #: 2023-Ohio-2019, Categories: Agriculture, Fiduciary Duty, Contract
Per curiam, the appellate division finds that the lower court improperly found for the lab in a breach of contract claim stemming from alleged breach of the parties' letter of intent. There is no support for the lab's claim that the parties' contract contemplated damages for the breach of the exclusivity provision. Affirmed.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: June 20, 2023, Case #: 03305, Categories: Health Care, Contract
J. Byrne finds that the trial court properly quieted title to property that had been conveyed to the tenants. One tenant possessed a recorded deed, and the other tenant could not revoke the gift to transfer property without the other tenant's consent after unilaterally dissolving his fee simple interest and recording the deed. Affirmed.
Court: New Jersey Appellate Division, Judge: Byrne, Filed On: June 20, 2023, Case #: A-3030-21, Categories: Property
J. Robinson finds the appeals court erroneously upheld the benefits commissioner's decision to award the firefighter workers' compensation benefits for heart disease. The commissioner failed to establish the firefighter qualified as a member of the retirement program, a term that is expressly defined in the relevant statutes as an individual employed on a full or part-time basis. The firefighter failed to establish the number of hours he worked in a standard week while employed on a part-time basis, and because he was not employed full-time until after the cutoff date for heart and blood pressure benefits, he was not entitled to the benefits. Reversed.
Court: Connecticut Supreme Court, Judge: Robinson, Filed On: June 20, 2023, Case #: SC20630, Categories: Employment, Evidence, Workers' Compensation
J. Hotten agrees with the intermediate court’s ruling that St. Mary’s County owns a piece of property after a two separate family trusts wrongly claimed ownership, and that, therefore, one trust’s claims against the county and the other trust must be vacated and remanded. The property was sold to the state outright in 1945 for use as a public roadway, which then sold it to the county, and the county is the sole owner according to the deed. Affirmed.
Court: Supreme Court of Maryland, Judge: Hotten, Filed On: June 20, 2023, Case #: C-18-CV-18-000489, Categories: Government, Property
J. Hess finds that the lower court improperly allowed a defendant driver's set-off defense because the plaintiff driver's insurer lacked authority to settle claims on her behalf. The defendant driver cannot show that AAA's payment to the insurer was an accommodation payment made to the plaintiff. Reversed.
Court: Missouri Court Of Appeals, Judge: Hess, Filed On: June 20, 2023, Case #: ED111064, Categories: Insurance, Tort
J. Hagedorn finds the appeals court improperly upheld the circuit court's order suppressing evidence of cocaine and fentanyl police officers found after searching defendant during a traffic stop for speeding based on the odor of marijuana coming from his car. Given the totality of the evidence, including that officers watched defendant throw a liquid out of his car before he stopped for them, he possessed a vape pen he nevertheless claimed was use for CBD instead of THC, and one officer called the smell of marijuana coming from the car "overwhelming," a reasonable officer could meet the bar for probable cause to arrest and search defendant. Reversed.
Court: Wisconsin Supreme Court, Judge: Hagedorn, Filed On: June 20, 2023, Case #: 2021AP000938-CR, Categories: Constitution, Drug Offender, Search
J. Lioi grants the hospital's motion for judgment on the pleadings, ruling all of the employee's discrimination claims are barred either by a release waiver she signed at the end of her employment or by the 6-month statute of limitations that governs her labor-related claims. Therefore, the case will proceed against only the labor union.
Court: USDC Northern District of Ohio, Judge: Lioi, Filed On: June 20, 2023, Case #: 4:22cv2130, NOS: Amer w/Disabilities-Employment - Civil Rights, Categories: Ada / Rehabilitation Act, Employment Discrimination, Labor / Unions
Per curiam, the appellate division finds that the lower court improperly granted the financial firm's motion to dismiss breach of contract claims related to the payment of forbearance fees and improper foreclosures. The complaint adequately pleaded demand futility under Delaware law. Reversed in part.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: June 20, 2023, Case #: 03319, Categories: Banking / Lending, Contract