169 results for 'filedAt:"2023-08-18"'.
J. Seeley finds the wife's failure to raise her due process claim, which stemmed from the court's decision to grant the husband custody of the parties' children, before the trial court renders that argument abandoned. Meanwhile, the trial court properly denied her motion for a continuance because she had several months to prepare for the custody hearing but chose not to complete a psychological evaluation or submit a financial affidavit with the court, both of which could have had a substantial impact on the outcome of the case. Affirmed.
Court: Connecticut Court Of Appeals, Judge: Seeley, Filed On: August 18, 2023, Case #: AC45100, Categories: Civil Procedure, Evidence, Family Law
[Consolidated.] J. Scudder finds the district court properly convicted defendants for providing material support to ISIS. The court rejected defendant’s contention that evidence showed that the government induced his commission of the offense through its “sting” tactics arising from the FBI’s monitoring of defendant’s online activity. The district court properly instructed the jury on the elements of entrapment, and the jury’s firsthand determination is given deference. Affirmed.
Court: 7th Circuit, Judge: Scudder, Filed On: August 18, 2023, Case #: 21-1482, Categories: Terrorism, Entrapment
J. Livingston finds that the district court properly found for a law school accused of blocking public view of two interior wall murals depicting state involvement in the abolitionist movement. The artist contends federal legislation protects works from modification or destruction, but erecting acoustic barriers concealing the murals, which some people deemed offensive, did not constitute harm. Affirmed.
Court: 2nd Circuit, Judge: Livingston, Filed On: August 18, 2023, Case #: 21-2904, Categories: Damages, Injunction
J. Srinivasan vacates the district court's finding for the Department of Veterans Affairs on a law firm's Freedom of Information Act case pertaining to documents concerning veterans and VA beneficiaries who are added to a background check system that identifies those barred from owning guns for having been adjudicated as "'mental defectives.'" The VA fails to show the documents it withheld on deliberative process and attorney-client privileges are exempt from disclosure. Vacated in part.
Court: DC Circuit, Judge: Srinivasan, Filed On: August 18, 2023, Case #: 21-5108 , Categories: Public Record, Veterans
J. Pyle finds that defendant was properly convicted of leaving the scene of an accident and obstruction of justice because evidence indicates defendant left the scene of an accident with the injured party's limb attached to his truck and attempted to conceal the evidence by placing the limb in a trash can. Given defendant's 40-year criminal history, he was properly given a total sentence of four years. Affirmed.
Court: Indiana Court Of Appeals, Judge: Pyle, Filed On: August 18, 2023, Case #: 22A-CR-2813, Categories: Evidence, Obstruction, Vehicle
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J. Rakoff denies third-party defendant James Staley's motion to dismiss JPMorgan's claims against him alleging that Staley, who was the head of JPMorgan’s private banking division when Jeffrey Epstein first became its client, concealed Epstein's sex trafficking operation. JPMorgan’s fiduciary duty claim stands because Staley continued to do business with Epstein until 2013, before which he actively worked to convince JPMorgan to keep Epstein as a client despite JPMorgan wanting to sever ties with him. Staley's conduct ultimately caused JPMorgan damage when the public became aware of Epstein's sex trafficking operation.
Court: USDC Southern District of New York, Judge: Rakoff, Filed On: August 18, 2023, Case #: 1:22cv10904, NOS: Other Statutory Actions - Other Suits, Categories: Fiduciary Duty, Racketeering
J. Bolden denies, in part, the city and its police chief's motions for summary judgment, ruling the fired officers' attendance at a rally in support of their efforts to reopen the station during the Covid-19 pandemic constitutes First Amendment protected activity and is sufficient to state a plausible retaliation claim, given the proximity between the rally and their terminations. Furthermore, their defamation claims will proceed. Although the termination letters of the officers were public records and, therefore, could be disclosed to the media, the statements made by the chief during press conferences - specifically, that they were fired for "not doing their jobs" and for misconduct - are statements of fact that could be proved objectively false by the officers.
Court: USDC Connecticut, Judge: Bolden, Filed On: August 18, 2023, Case #: 3:21cv787, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Employment Retaliation, First Amendment
[Consolidated.] J. Harris finds that the lower court improperly certified classes for monetary damages on breach of contract and statutory consumer-protection claims against the hotel company and IT service provider following a hack of a guest reservation database. The guest signed a class action waiver agreeing only to resolve disputes individually and not as a class. Vacated.
Court: 4th Circuit, Judge: Harris, Filed On: August 18, 2023, Case #: 22-1744, Categories: Consumer Law, Privacy, Class Action
J. Chuang grants the U.S. Department of Justice’s motion to dismiss allegations of violations of a citizen’s constitutional rights when the department denied his purchase of a firearm based on a criminal background check. The citizen had previously been convicted of a crime with a prison sentence of over one year and had been committed to a mental institution two times in the past. Based on this information, when he went to purchase a gun at Dick’s Sporting Goods — a federal firearms licensee — his criminal and mental health background prevented him from purchasing one. Thus, the citizen’s argument against the department’s criminal background check lacks standing because the licensee’s test blocked him from getting the background check in the first place.
Court: USDC Maryland, Judge: Chuang, Filed On: August 18, 2023, Case #: 8:22cv1611, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Constitution, Firearms
J. Bendix finds that the trial court must revisit claims by former sheriff's deputies that they are entitled to reinstatement under a settlement agreement made with sheriff's department personnel. Though the county charter does not give the county counsel exclusive authority over the administrative appeals of disciplinary actions against county employees, the former deputies failed to show the sheriff's department can enter agreements that bind the county to settlements of such appeals. But the former deputies are entitled to amend their pleading to support their claim that the sheriff's department has the authority to settle civil service commission appeals. Reversed.
Court: California Courts Of Appeal, Judge: Bendix, Filed On: August 18, 2023, Case #: B316067, Categories: Administrative Law, Employment, Settlements
J. Hicks grants a request by an insurance company dismissing bad-faith claims brought by their insureds, two Shreveport homeowners, arising from alleged roof damage caused by hail. The ruling finds no evidence exists to support a finding that the insurer acted arbitrarily or capriciously. Specifically, the homeowners have not submitted any evidence that shows that their insurer did not have a legitimate question as to whether the damage may have been caused by wear and tear. On the contrary, the insurer submitted evidence that shows that once the litigants reached an undisputed figure of $311,117, the insurer issued payment to the homeowners within the statutory time frame.
Court: USDC Western District of Louisiana , Judge: Hicks, Filed On: August 18, 2023, Case #: 5:20cv634, NOS: Insurance - Contract, Categories: Evidence, Insurance, Experts
J. Marbley grants the cell tower construction company's motion for a preliminary injunction, ruling it was not required to obtain a special use zoning permit from the township because there was evidence of a significant gap in cell service coverage that rendered it immune from local zoning laws under the Telecommunications Act of 1996. Therefore, the township is enjoined from preventing completion of the cell tower during the entirety of this case.
Court: USDC Southern District of Ohio, Judge: Marbley, Filed On: August 18, 2023, Case #: 2:22cv3294, NOS: Other Statutory Actions - Other Suits, Categories: Zoning, Immunity, Injunction
J. Reidinger partially grants an insurance company summary judgment in its suit against a construction firm for breach of bonded contracts and fraud. Third party businesses soliciting work from the construction firm began to complain of unsatisfactory progress, and the insurance company found that the firm was unable to afford to provide its subcontractors for labor, materials and so on.
Court: USDC Western District of North Carolina, Judge: Reidinger, Filed On: August 18, 2023, Case #: 1:22cv24, NOS: Other Contract - Contract, Categories: Fraud, Trade, Contract
J. Jenkins finds that the Civil Service Commission properly determined the police department rightfully fired a police officer. The police officer admitted that in a use of force statement he did not list the strike to the suspect's head. The Commission properly determined that the officer knowingly provided a false statement regarding when he un-holstered his firearm and intentionally withheld information about hitting the suspect with the firearm. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Jenkins, Filed On: August 18, 2023, Case #: 2023-CA-0003, Categories: Employment, Evidence