205 results for 'filedAt:"2023-06-29"'.
J. Bivins finds the lower court properly awarded summary judgment to government officials in this voting rights matter. A Tennessee resident attempted to register to vote. The resident had been previously convicted of involuntary manslaughter in another state, but had received clemency from that state’s governor. The resident argues that the clemency order automatically restored his right to register to vote in the other state, and should therefore restore his ability to register in Tennessee, but his registration was denied by officials for insufficient documentation. The instant court finds that in addition to being pardoned for an infamous crime, a citizen is statutorily required to present proof that they have paid outstanding court costs, restitution and child support obligations before they can be re-enfranchised. Affirmed.
Court: Tennessee Supreme Court, Judge: Bivins, Filed On: June 29, 2023, Case #: M2020-01510-SC-R11-CV, Categories: Constitution, Elections
J. Boone recommends denying, in part, a food product company’s motion to dismiss an assurance group's claims related to metal pieces found in tortillas made with the company's cashew flour. The assurance group adequately pleads its claims for breach of implied warranty of merchantability, breach of implied warranty of fitness for particular purpose and unjust enrichment.
Court: USDC Eastern District of California, Judge: Boone, Filed On: June 29, 2023, Case #: 1:22cv904, NOS: Other Contract - Contract, Categories: Warranty, Contract
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J. Smith finds a lower court properly sentenced a defendant to life in prison after he was found guilty on charges of distributing a controlled substance which resulted in the death of a customer, who was also a college friend. The defendant argued that there was insufficient evidence to justify his conviction. However, the government presented sufficient evidence in court via surveillance video that his customer died after ingesting fentanyl provided to him by the defendant at a casino. Affirmed.
Court: 8th Circuit, Judge: Smith, Filed On: June 29, 2023, Case #: 22-1561, Categories: Drug Offender, Evidence, Criminal Negligence
J. Stras finds a lower court properly dismissed a father's negligence claims against an air force base. The father argued that air force base created a dangerous situation by haphazardly securing a goal to the ground. However, the father's claims are barred by the Federal Tort Claims Act. Affirmed.
Court: 8th Circuit, Judge: Stras, Filed On: June 29, 2023, Case #: 22-2126, Categories: Tort, Negligence
J. Bright finds the lower court properly granted the mother's motion to change the parents' shared parenting plan. She filed her motion within days of the court's initial decision and, therefore, was properly treated as a motion to alter, rather than amend the agreement, and allowed the court to retain jurisdiction. Affirmed.
Court: Connecticut Court Of Appeals, Judge: Bright, Filed On: June 29, 2023, Case #: AC45317, Categories: Family Law, Jurisdiction
J. McDonald finds the trial court properly rejected the energy providers' claim that geographical restrictions on voluntary renewable offers sold to customers violated the dormant Commerce Clause. Although generators of the renewable energy from outside the restricted area are treated differently, the Connecticut regulatory authority has a legitimate interest in promoting the production of renewable energy in the New England area. Affirmed.
Court: Connecticut Supreme Court, Judge: McDonald, Filed On: June 29, 2023, Case #: SC20643, Categories: Civil Procedure, Commerce, Energy
J. Tijerina finds that the lower court properly granted the individual appellees' special appearance and dismissed the airline passenger's claims against them, alleging that he was improperly removed from his seat. There is no general jurisdiction over the flight captain and the flight attendant, as their contacts with the state are not "continuous and systematic." Affirmed.
Court: Texas Courts of Appeals, Judge: Tijerina, Filed On: June 29, 2023, Case #: 13-21-00328-CV, Categories: Emotional Distress, Jurisdiction
J. Pellegrino finds the trial court properly terminated the father's parental rights. He not only failed to complete parenting classes and therapy as required by his case plan, but any rehabilitation programs he completed while incarcerated were done only to ensure an early release from prison, not to regain custody of the child. Affirmed.
Court: Connecticut Court Of Appeals, Judge: Pellegrino, Filed On: June 29, 2023, Case #: AC46100, Categories: Evidence, Family Law
J. Hardy finds the lower court properly convicted defendant of two specifications of attempted sexual abuse of a child connected to correspondence he had with a fictitious minor via the internet. Defendant was sentenced to 12 months confinement for each specification to run concurrently. Defendant claims he was denied his constitutional right to a unanimous verdict under the Sixth Amendment, Fifth Amendment due process or Fifth Amendment equal protection, but the instant court disagrees. Affirmed.
Court: Court of Appeals for the Armed Forces, Judge: Hardy, Filed On: June 29, 2023, Case #: 22-0193, Categories: Constitution, Sex Offender, Due Process
J. Martin finds the trial court improperly convicted defendant for first-degree murder for allegedly shooting someone in the head during a fight precipitated by defendant's shouting “f*** [them], play the music!” in response to a moment of silence observed at a bar in honor of a deceased patron. Defendant was apprehended in possession of the weapon used in the shooting after being identified by bar patrons. The court violated defendant's rights to a public trial when it excluded his mother, a potential witness who was present with defendant during questioning, from the courtroom. The state failed to show that there was any reasonable probability that the mother would actually testify, even stating that it was unlikely to call her. Reversed.
Court: Illinois Appellate Court, Judge: Martin , Filed On: June 29, 2023, Case #: 1-18-1070, Categories: Fair Trial, Murder, Due Process
Per curiam, the appellate division finds that an inmate was properly found guilty of violating prison rules by refusing to submit to a strip-frisk after a visit and fleeing the visiting area based on the detailed incident report, the use-of-force report, and guard testimony. Affirmed.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: June 29, 2023, Case #: 535625, Categories: Prisoners' Rights
J. Rodriguez finds for an employer in sex and race discrimination claims contending plaintiff's coworkers commented, "You can tell he's Black because he ate all the buffalo chicken pizza"; that a supervisor expressed regrets over hiring plaintiff and other Black employees; and that coworkers made comments about "pregnant pussy" and "road head," as neither the racial comments nor the sexual remarks altered the terms or conditions of plaintiff's work.
Court: USDC New Jersey, Judge: Rodriguez , Filed On: June 29, 2023, Case #: 1:21cv2964, NOS: Employment - Civil Rights, Categories: Employment, Employment Discrimination
J. Triana finds the trial court properly ruled to terminate the parents' rights to their children and appoint the Texas Department of Family and Protective Services as the children's managing conservator. The evidence details a history of criminal activity and instances of domestic violence. A reasonable factfinder would believe that termination of parental rights is in the best interests of the children. Affirmed
Court: Texas Courts of Appeals, Judge: Triana, Filed On: June 29, 2023, Case #: 03-23-00042-CV, Categories: Family Law
J. Gutierrez grants final approval to a $53.5 million settlement that will bring an end to the flight attendants' class action alleging that United Airlines did not list specific information on the current and former flight attendants' wage statements such as total hours worked, hourly rates and United Airlines' physical address. The average net settlement value for each class member will be approximately $3,178, which is 79% of the highest possible individual recovery, given the Labor Code's $4,000 statutory cap. United Airlines also agrees to make changes to the format of its wage statements to better comply with California law.
Court: USDC Central District of California, Judge: Gutierrez, Filed On: June 29, 2023, Case #: 2:15cv7985, NOS: Other Labor Litigation - Labor, Categories: Settlements, Class Action, Labor
J. Brown holds that the trial court must revisit the evidence of a father's income before ruling on his request for modification of child support. And it erred in awarding attorney fees to the mother despite having disregarded evidence about the father's income. Reversed.
Court: California Courts Of Appeal, Judge: Brown, Filed On: June 29, 2023, Case #: A163825, Categories: Family Law, Attorney Fees
Per curiam, the appellate division finds that an inmate was properly found guilty of violating prison rules by refusing an order to submit to a pat frisk after setting off a magnometer. The inmate contends the misbehavior report was written in retaliation by a guard with whom he had a prior encounter, but such credibility issues were resolved at the disciplinary hearing. Affirmed.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: June 29, 2023, Case #: 536114, Categories: Prisoners' Rights
J. Duffin partially grants the insured's motion to compel discovery for the bad-faith claim in her lawsuit against the insurance company over underinsured motorist benefits she is attempting to claim stemming from in a car accident. The insured is granted limited discovery regarding the formula and method the company uses to calculate its cash reserves, and the company is ordered to produce a complete attorney-client privilege log within 21 days. The insured's motion is denied as to her demand that the company identify its people "most knowledgeable" of certain facts, and resolution is deferred as to other matters withheld by the company based on work product, attorney-client privilege and post-litigation information, as well as discovery of its actual cash reserve amount. The company's motion for a protective order and court review of its privilege log is denied, and the insured's motion for sanctions is denied without prejudice.
Court: USDC Eastern District of Wisconsin, Judge: Duffin, Filed On: June 29, 2023, Case #: 2:22cv200, NOS: Insurance - Contract, Categories: Insurance, Discovery, Contract
[Consolidated.] J. Egan finds that challenges to the issuance of a permit allowing construction of an apartment complex that affected an adjacent property owner's use of a private road should be dismissed as moot. Although the property owner objected to variances, the owner did not attempt to stop construction of the complex, which has since been completed and is now fully occupied.
Court: New York Appellate Divisions, Judge: Egan, Filed On: June 29, 2023, Case #: 532245, Categories: Construction, Property, Zoning
J. Alvord finds the lower court properly dismissed the daughter's appeal of the probate court's denial of her objection to the appointment of a certain attorney to her mother's estate. Although she filed a motion for reconsideration after the initial objection, her arguments in both filings were identical and she failed to file her appeal of the initial objection within 30 days. Affirmed.
Court: Connecticut Court Of Appeals, Judge: Alvord, Filed On: June 29, 2023, Case #: AC44507, Categories: Civil Procedure, Wills / Probate, Jurisdiction
J. Orrick grants in large part a motion from the United States and several postal service workers to dismiss civil rights claims brought by a company that says four of its packages containing masks with political messages were seized and searched without good cause. It has not been plausibly shown that the post office workers knew about the business or were trying to purposefully interfere with the mask products. But the packages were searched without a warrant, so a trespass claim may continue.
Court: USDC Northern District of California, Judge: Orrick, Filed On: June 29, 2023, Case #: 3:22cv3195, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights
J. Hicks finds that the lower court properly denied the sex offender's motion for earned time credits. The programs he completed were not designed to offer a reduced sentence based purely on inmates' behavior in prison and ignore their underlying offenses, so the court did not err by considering his crimes in making their decision not to reduce his minimum sentence. The statute regarding the implementation of the programs includes specific language about the sentencing court's right to use discretion that negates the defendant's claim that the statute mandates all prisoners who complete the programs and receive a commissioner's recommendation be awarded earned time credits. Affirmed.
Court: New Hampshire Supreme Court, Judge: Hicks, Filed On: June 29, 2023, Case #: 2021-0605, Categories: Constitution, Sentencing, Sex Offender
J. Nagala denies both parties' motions for summary judgment, ruling that interpretative questions regarding the Connecticut Surprise Billing Law must be certified to the Connecticut Supreme Court before any decision in the present dispute can be made. Therefore, the question of how much an insurer must reimburse an emergency services provider and how much it must recover directly from the patient will be certified to the state high court. Once the court has answered that question, this court will be able to resolve whether the emergency services provider violates the billing law when it collects money directly from the patient for fees that result from being an out-of-network provider.
Court: USDC Connecticut, Judge: Nagala, Filed On: June 29, 2023, Case #: 3:21cv1169, NOS: Other Personal Property Damage - Torts - Personal Property, Categories: Health Care, Insurance