260 results for 'filedAt:"2023-08-30"'.
J. Kahn enters judgment in favor of a group of Albany city police officers on a self-represented litigants unlawful search and seizure claims alleging they executed a fraudulent warrant to search his friend’s apartment building, finding the warrant was valid and that they did not exceed its scope. However, the court declines summary judgment on his claims for illegal cavity search and failure to intervene after finding cocaine and other drug-related paraphernalia at the apartment and subsequently performing a cavity search on his person, finding the reasons the investigators provided justifying the search to be in dispute.
Court: USDC Northern District of New York, Judge: Kahn, Filed On: August 30, 2023, Case #: 1:20cv1153, NOS: Other Civil Rights - Civil Rights, Categories: Police Misconduct
J. Theofanis finds that the trial court properly ruled to civilly commit the man as a sexually violent predator following a jury trial. The man argues that the trial court erred in rejecting his request to instruct the jury that he is “presumed not to be a sexually violent predator.” However, because he failed to object to the omission of the statement during the trial, this issue is waived. Affirmed.
Court: Texas Courts of Appeals, Judge: Theofanis, Filed On: August 30, 2023, Case #: 03-23-00128-CV, Categories: Civil Procedure, Commitment
J. Murphy finds the circuit court properly granted summary judgment to the insurance company in this dispute over coverage for a traffic accident caused by a drunk driver with a suspended license who was not named on the insurance policy. The policy exclusion stating that the company does not provide liability coverage for injury or damage “caused by or in any way arising out of operation, maintenance or use of a vehicle by a … person who does not possess a valid, in-force operator’s license,” is properly characterized as unambiguous. Affirmed.
Court: Arkansas Court Of Appeals, Judge: Murphy, Filed On: August 30, 2023, Case #: CV-22-499, Categories: Insurance, Tort, Vehicle
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J. Sullivan partially denies a mortgagor its motion to dismiss allegations of financial damages brought by a pair of homeowners after the mortgagor reportedly offered, then rescinded, a Veterans Affairs loan modification to help veterans during the early days of Covid-19. The two homeowners went into forbearance of their mortgage during the pandemic when they were offered the modification, but when they went to refinance their loan, they could not based on the pending modification. The mortgagor rescinded the modification based on inaccurate records that the couple had missed 12 monthly payments, but then offered the modification again later. Each time the mortgagor offered or rescinded, the couple wrote them qualified written responses asking for clarification of next steps to address the multiple issues, but the mortgagor did not respond. At this stage, the couple has sufficiently pled that they’ve suffered damages due to the mortgagor’s failure to reply.
Court: USDC Maryland, Judge: Sullivan, Filed On: August 30, 2023, Case #: 8:22cv1684, NOS: All Other Real Property - Real Property, Categories: Property, Banking / Lending, Contract
J. Tapp finds for the U.S. in this post-award bid protest concerning a contract to provide programmatic support to the army's utility helicopter project office because plaintiff failed to demonstrate the U.S. acted in bad faith or deviated from bid evaluation standards.
Court: Court of Federal Claims, Judge: Tapp, Filed On: August 30, 2023, Case #: 23-348, Categories: Contract
J. Howell grants default judgment against Giuliani in a defamation case as a sanction for his discovery violations, and is also ordered to pay more than $130,000 in attorney fees. "Giuliani has given only lip service to compliance with his discovery obligations and this [c]ourt’s orders by failing to take reasonable steps to preserve or produce" the electronically stored information at issue.
Court: USDC District of Columbia, Judge: Howell, Filed On: August 30, 2023, Case #: 1:21cv3354, NOS: Assault, Libel, & Slander - Torts - Personal Injury, Categories: Sanctions, Defamation, Attorney Fees
J. Graves finds the district court improperly granted summary judgment to the state prison officials in this suit brought by the inmate whose requests to transfer money from her inmate trust account to an outside bank account have been denied without hearing. The inmate’s trust account holds almost $100,000 due to a settlement in a civil matter, and she has been found guilty of a prison rule violation for depositing funds in other inmate’s accounts. All subsequent transfer requests have been denied without hearing. The inmate has provided evidence that her due process rights were violated, and this precludes summary judgment. Reversed.
Court: 5th Circuit, Judge: Graves, Filed On: August 30, 2023, Case #: 22-50634, Categories: Due Process, Banking / Lending, Prisoners' Rights
J. Egan finds the juvenile court properly denied a father’s motion to change the placement of his two children from substitute care to placement with him. The record “supports the court’s rationale for ordering substitute care and reflects an appropriate exercise of discretion aimed at providing for the best interests of the children.” Affirmed.
Court: Oregon Court of Appeals, Judge: Egan, Filed On: August 30, 2023, Case #: A180134, Categories: Family Law
J. Liman partially denies the music manager's breach of contract and fraud counterclaim against a recording artist and former girlfriend. The manager failed to establish as a matter of law that the artist breached the parties' recording agreement. However, he is entitled to dismiss the artists' fraud and emotional distress claims as she cannot identify any misrepresentation made by the manager.
Court: USDC Southern District of New York, Judge: Liman, Filed On: August 30, 2023, Case #: 1:21cv10652, NOS: Other Contract - Contract, Categories: Fraud, Contract
J. Kamins finds the trial court erred in denying post-conviction relief on petitioner’s claim that trial counsel was inadequate. “Counsel for petitioner was deficient in failing to present any mitigating evidence at petitioner’s sentencing hearing and because that deficiency tended to affect petitioner’s sentence.”
Court: Oregon Court of Appeals, Judge: Kamins, Filed On: August 30, 2023, Case #: A176246, Categories: Ineffective Assistance, Sentencing
J. Buller finds that parameters concerning physical care of the parties' children were properly modified to favor the father because the mother allowed the children to be around a person who had engaged in inappropriate behavior with other children, and the father's flexible employment made room for accommodating the children. Affirmed.
Court: Iowa Court Of Appeals, Judge: Buller, Filed On: August 30, 2023, Case #: 23-0044, Categories: Family Law
J. Silva finds that the lower court properly rendered summary judgment in favor of the appellee in this suit asserting nuisance claims, based on the alleged fumes coming from the appellee's shop. The appellee sufficiently showed that the claims are barred under the statute of limitations. Affirmed.
Court: Texas Courts of Appeals, Judge: Silva, Filed On: August 30, 2023, Case #: 13-22-00547-CV, Categories: Civil Procedure, Real Estate
J. Klappenbach finds the trial court properly convicted defendant for simultaneous possession of fentanyl, heroin, and marijuana with the purpose to deliver, and a firearm. After being stopped for a moving violation, it was discovered that defendant had an outstanding warrant. The officer arrested defendant, telling him to leave a bag he had on his shoulder in the car. A search of defendant’s pockets yielded a substantial amount of cash and a rock of fentanyl. A search of the bag yielded the handgun and more drugs. All evidence supports the conviction. The patrol vehicle’s dashboard camera confirmed that a passenger in the vehicle did not appear to have touched anything on or around the driver’s side of the car as claimed by defendant. Affirmed.
Court: Arkansas Court Of Appeals, Judge: Klappenbach, Filed On: August 30, 2023, Case #: CR-22-652, Categories: Drug Offender, Evidence, Firearms
J. Theofanis finds that the trial court properly denied a company’s motion for a temporary injunction in a contract case filed by the owners of a casino in Mexico. The trial court stayed the case pending the outcome of a similar case between the parties in a Mexican case and denied the company’s motion for a temporary injunction. The temporary injunction would not have protected the company from any imminent irreparable harm. Affirmed.
Court: Texas Courts of Appeals, Judge: Theofanis, Filed On: August 30, 2023, Case #: 03-23-00226-CV, Categories: Corporations, Partnerships, Injunction
J. Lynch sends a certified question to the Vermont Supreme Court concerning whether a business that leases and resells trucks to commercial customers constitutes a "consumer" under state law for claims alleging vehicle defects as supplied by a manufacturer.
Court: 2nd Circuit, Judge: Lynch, Filed On: August 30, 2023, Case #: 22-282-cv, Categories: Consumer Law
J. Schumacher finds that defendant was properly convicted of operating a vehicle without the owner's consent because evidence indicated he stranded the owner at a hotel and took his car to another town without permission, then allowed it to be impounded. Affirmed.
Court: Iowa Court Of Appeals, Judge: Schumacher, Filed On: August 30, 2023, Case #: 22-1956, Categories: Evidence, Vehicle
J. Wigenton partially grants the deaf man's motion for summary judgment in his suit alleging that the city did not provide ASL interpreters when he sought to contest a parking ticket, and suspended his driver's license without first allowing him to meaningfully participate in a hearing. The city's municipal court's failure to provide an ASL interpreter was a clear failure to comply with the directives of the Americans with Disabilities Act, both before and after the onset of the Covid-19 pandemic. No reasonable juror could find that the city made reasonable efforts to accommodate the deaf man's disability, nor that its policy of providing interpreters to those who have already requested them on one day of each month was a reasonable accommodation. Requiring that the city provide ASL interpreters is also not unduly burdensome, nor did the Covid-19 pandemic excuse the conduct alleged, which largely occurred on or before March 4, 2020. The deaf man does not, however, have standing to pursue a permanent injunction since he has not shown that he faces a threat of future harm from these policies.
Court: USDC New Jersey, Judge: Wigenton, Filed On: August 30, 2023, Case #: 2:20cv1755, NOS: Amer w/Disabilities - Other - Civil Rights, Categories: Civil Rights, Ada / Rehabilitation Act
J. Moore affirms the district court's determination that the petitioner was entitled to a substantive sentencing hearing to determine whether his modified sentences of life in prison with possibility of release should be served consecutively or concurrently. Whether or not the district court had the authority to order such a hearing, the unique circumstances in this case, where the petitioner's co-defendant has already had his sentences clarified as running concurrently rather than consecutively in light of a series of higher court decisions, warrant the use of the Supreme Court's supervisory powers to direct the district court to hold such a hearing.
Court: Minnesota Supreme Court, Judge: Moore, Filed On: August 30, 2023, Case #: A22-0192, Categories: Criminal Procedure, Murder, Sentencing
J. Winmill grants investment defendants' motion to dismiss investors' allegations that they were involved in a Ponzi scheme that returned distributions of e-commerce currency at a value far below their investment amount. The court lacks personal jurisdiction, as the investors have not shown that defendants directed their activities at Idaho.
Court: USDC Idaho, Judge: Winmill, Filed On: August 30, 2023, Case #: 1:23cv134, NOS: Other Fraud - Torts - Personal Property, Categories: Fraud
J. Simmons dismisses the public work employees' claims that the County of San Diego did not pay non-exempt employees all wages earned. The employees do not clearly allege that the county had a generalized policy of denying overtime requests while still requiring the work to be done. The employees' claim that the County failed to comply with the California Government Claims Act also fails because their actual complaint is devoid of any mention of compliance.
Court: USDC Southern District of California, Judge: Simmons, Filed On: August 30, 2023, Case #: 3:23cv445, NOS: Employment - Civil Rights, Categories: Employment, Labor
[Consolidated.] J. Penzato finds that the trial court erred in the amount of damages awarded for survival and wrongful death claims and in allocating 20% fault to the decedent driver who succumbed to his injuries two weeks after an accident involving a semi-truck. The evidence supported a lesser amount of $2 million in survival damages than the $10 million awarded by the jury, as well as $500,000 in wrongful death damages for each of the decedent's children instead of $1.5 million per child. The evidence also showed the accused truck driver was the sole cause of the accident and thus 100% at fault. Reversed.
Court: Louisiana Court Of Appeal, Judge: Penzato, Filed On: August 30, 2023, Case #: 2022CA0534, Categories: Jury, Damages, Wrongful Death