175 results for 'filedAt:"2023-12-14"'.
J. Fisher finds that the lower court properly declined to find for a quarry owner or the town in a dispute over expansion of nonconforming mining operations. While the town maneuvered to curtail expansion, the record indicates the quarry owner failed to undertake "substantial" activities demonstrating intent to utilize nearby land that had been purchased for mining. Meanwhile, the town failed to demonstrate the nonconforming use would be barred from extension due to the physical separation caused by a county road. Affirmed.
Court: New York Appellate Divisions, Judge: Fisher, Filed On: December 14, 2023, Case #: 534981, Categories: Property, Zoning
J. Brown finds that defendant was properly sentenced to twelve years at hard labor on his guilty plea to simple burglary. In this case, defendant's motion challenging his sentence is untimely because it was filed more than two years after his conviction and sentence became final. Further, defendant did not claim that his sentence was illegal under the sentencing statutes. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Brown, Filed On: December 14, 2023, Case #: 2023-K-0762, Categories: Burglary, Sentencing
J. Peterson partially grants the father's motion for attorney fees and costs in a lawsuit against his son and others involving a dispute between family over ownership of a company that runs multiple car dealerships. The father is awarded one-third of his total request for attorney fees, which will amount to $204,402, and he is also awarded $60,033 in costs, bringing his total award to $264,435.
Court: USDC Western District of Wisconsin, Judge: Peterson, Filed On: December 14, 2023, Case #: 3:19cv980, NOS: Stockholders’ Suits - Contract, Categories: Fiduciary Duty, Attorney Fees, Contract
J. McFadden finds that the trial court properly convicted defendant of incest and statutory rape. Defendant failed to show that he was prejudiced by his trial counsel's allegedly deficient performance in meeting with him in person only three times, not seeking a continuance to secure testimony from two witnesses and failing to file a special demurrer. The evidence of defendant's guilt was strong and included DNA evidence that defendant fathered his daughter's child when she was under the age of 16. Affirmed.
Court: Georgia Court of Appeals, Judge: McFadden, Filed On: December 14, 2023, Case #: A23A1377, Categories: Ineffective Assistance, Sex Offender
J. Halligan finds that the lower court improperly upheld defendant's conviction for harassing his mother even though not all pertinent evidence had been turned over when the prosecution filed a certificate of compliance in discovery. State-enacted reforms more closely link discovery and trial-readiness, while belated disclosure requires dismissal on speedy-trial grounds, especially that caused by the lack of due diligence. Reversed.
Court: New York Court Of Appeals, Judge: Halligan, Filed On: December 14, 2023, Case #: 92, Categories: Criminal Procedure, Speedy Trial, Discovery
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J. Garry finds that the lower court properly sentenced defendant based on his guilty plea to murder in a fatal stabbing. Although defendant's substance abuse and mental health issues constituted mitigating factors, the negotiated sentence fell below the permissible maximum. Affirmed.
Court: New York Appellate Divisions, Judge: Garry, Filed On: December 14, 2023, Case #: 112824, Categories: Murder, Sentencing, Plea
J. Cardone dismisses some claims in a employment dispute brought by a Black former employee who alleged she was discriminated against while working for a staffing agency providing services for a migrant shelter for unaccompanied children. Although the employee initially held a “leadership position,” she said she was wrongfully demoted and abruptly terminated following a change of ownership between defendant companies. The employee has raised sufficient allegations for her case against the second company for some claims to survive, and while the second company argues that it never in fact employed the woman, she says she was not “privy to information about the precise relationship” between the companies, and it is not her responsibility to “divine facts” that are “in the sole possession of defendants.”
Court: USDC Western District of Texas , Judge: Cardone, Filed On: December 14, 2023, Case #: 3:23cv46, NOS: Employment - Civil Rights, Categories: Civil Rights, Employment, Employment Discrimination
J. Guerrero finds the court of appeals improperly rejected defendant's argument the state hospital's certification of his return to competency ended his commitment within the 2-year statutory period. Defendant was charged with multiple sexually violent offenses and was designated for competency determination and restoration. He did not receive a court hearing on the hospital's determination of competence within the 2-year period due to Covid-19 delays and his incompetency commitment did not end with the mere filing of the certificate of restoration. Reversed.
Court: California Supreme Court, Judge: Guerrero , Filed On: December 14, 2023, Case #: S272129, Categories: Competence, Sex Offender, Commitment
Per curiam, the Kentucky Supreme Court finds that attorney Richard Boling should be suspended one year for presenting an erroneous timeline of text messages in a client's trial on complicity to manslaughter charges brought after a woman died upon taking drugs she bought from him.
Court: Kentucky Supreme Court, Judge: Per curiam, Filed On: December 14, 2023, Case #: 2023-SC-0444-KB, Categories: Attorney Discipline
J. Overstreet finds that the appeals court improperly reversed the circuit court's ruling that the city owed the injured cyclist no duty of care because he was not an intended user of the roadway where he struck a pothole. Although a bike rental station was just 100 ft from where the accident occurred, there were no street signs designating the roadway as a bicycle lane. Bicyclists are permitted - but not intended - users of city streets in the absence of specific markings and signage. Reversed.
Court: Illinois Supreme Court, Judge: Overstreet, Filed On: December 14, 2023, Case #: 128602, Categories: Municipal Law, Tort, Vehicle
J. Arguello declines to dismiss infringement claims for U.S. Patent Numbers 7,395,865 and 728, which concern oil well plunger systems, because the claims address concrete rather than abstract technology.
Court: USDC Colorado, Judge: Arguello, Filed On: December 14, 2023, Case #: 1:21cv2145, NOS: Patent - Property Rights, Categories: Patent
J. Schock finds that while the trial court properly considered arrest warrant affidavits during defendant's sentencing, it could not use claims of distribution of methamphetamine to convert defendant's possession conviction into a distribution conviction, one that is a grave offense with harsher sentencing guidelines. Therefore, the 64-year sentence imposed for defendant's possession convictions creates an inference of disproportionality and the case must be remanded to allow the trial court to conduct an extended proportionality review. Reversed in part.
Court: Colorado Court Of Appeals, Judge: Schock, Filed On: December 14, 2023, Case #: 2023COA120, Categories: Drug Offender, Sentencing
J. Powell denies the prisoner's motion for release due to ineffective counsel. The prison was convicted of several crimes stemming from a home-invasion robbery with aggravated malicious wounding at his wife's boss's house. The prisoner argues his counsel should have argued for insanity rather than involuntary intoxication. Still, the record establishes that trial counsel made a thorough investigation of the law and facts and chose a course of action that they believed had the best chance of success. Affirmed.
Court: Virginia Supreme Court, Judge: Powell, Filed On: December 14, 2023, Case #: 211114 , Categories: Habeas, Ineffective Assistance, Robbery
J. Mackey finds that the workers' compensation board properly denied a municipal bus driver benefits stemming from an accident on grounds that he was not sufficiently attached to the labor market. The bus driver contends he had to retire due to disability, but medical evidence established he remained capable of doing sedentary work, which he failed to seek with diligence. Affirmed.
Court: New York Appellate Divisions, Judge: Mackey, Filed On: December 14, 2023, Case #: 535825, Categories: Workers' Compensation
J. Gravois finds that the trial court should not have denied a judge's motion for summary judgment on an individual's claim that the judge conspired with a law clerk to destroy court documents in another suit that the individual was a party to in the same court. The judge testified that he never observed the law clerk mishandle any court documents, and the individual did not present direct evidence that the law clerk destroyed the documents. The complaints against the law clerk were investigated, and there were no eyewitness accounts of the destruction of the documents. Reversed.
Court: Louisiana Court Of Appeal, Judge: Gravois, Filed On: December 14, 2023, Case #: 22-C-589, Categories: Evidence, Judiciary, Contract
J. Chuang grants Amazon’s motion to dismiss a self-representative company’s patent claims alleging that Ring through Amazon infringed on the company’s “Fire Protection System with Fan Shut Off, Including a Camera and a Display Unit.” The owner fails to state facts to support that it was intended to induce infringement by others. The court also dismisses without prejudice for failure to state a claim for improper venue to Ring.
Court: USDC Maryland, Judge: Chuang, Filed On: December 14, 2023, Case #: 8:22cv2319, NOS: Patent - Property Rights, Categories: Patent, Jurisdiction
J. Shanker upholds the superior court's finding for a housing co-op on a granddaughter's contract claims arising from an occupancy agreement the co-op had with her now-deceased grandmother. The granddaughter did not apply for membership in the co-op, and the co-op was under no contractual obligation to buy the estate's membership shares when the membership was not transferred through inheritance. Affirmed.
Court: DC Court of Appeals, Judge: Shanker, Filed On: December 14, 2023, Case #: 22-CV-0646, Categories: Landlord Tenant, Wills / Probate, Housing
J. Wilson denies the nonprofit organization's and individuals' petition for review of a final agency action by the Federal Communications Commission delegating authority over the universal service fund to the company, a private entity. The nonprofit claimed the decision violated the private nondelegation doctrine and sought a declaration finding the universal service requirements in the Telecommunications Act unconstitutional. A government agency does not violate the private nondelegation doctrine by delegating statutory authority to private entities as long as the entity functions subordinately to the agency and the agency retains authority over the entity's activities. The company functions subordinately to the FCC and the FCC maintains "deep and meaningful control" over the the company.
Court: 11th Circuit, Judge: Wilson, Filed On: December 14, 2023, Case #: 22-13315, Categories: Communications, Agency
J. Mansfield declines to sanction the government for the loss of text messages from two Navy captains regarding the water contamination by jet fuel from the military’s Red Hill storage facility. The text message evidence as to when the military knew of the contamination was lost in a reset of the phones prior to the litigation, but can be recovered from other parties, which the government has taken steps to preserve and hand over to those affected by the leak. There is no proof that key text messages about the contamination between the two captains of different commands exist and that the loss was anything but inadvertent.
Court: USDC Hawaii, Judge: Mansfield, Filed On: December 14, 2023, Case #: 1:22cv397, NOS: Other Personal Injury - Torts - Personal Injury, Categories: Environment, Evidence, Government
J. Egan finds that the lower court improperly convicted defendant based on his guilty plea to failing to register as a sex offender. Defendant agreed to waive indictment and be prosecuted by a superior court information, but that document was not signed in open court and thus represented a jurisdictional defect surviving his guilty plea. Reversed.
Court: New York Appellate Divisions, Judge: Egan, Filed On: December 14, 2023, Case #: 112891, Categories: Criminal Procedure, Sex Offender
J. Zilly finds in partial favor of the railway company against the seafood processor's complaint that the railway company did not properly refrigerate the seafood processor's frozen fish shipment, resulting in $228,600 in rotten fish. The railway company's BNSF Rules book set a maximum liability limit of $50,000 if a shipper requested full Carmack Amendment to the Interstate Commerce Act carrier liability, and the seafood processor presents no evidence that it lacked awareness of this.
Court: USDC Western District of Washington, Judge: Zilly, Filed On: December 14, 2023, Case #: 2:21cv1715, NOS: Other Statutory Actions - Other Suits, Categories: Commerce, Transportation
J. Mays denies the plaintiff delivery driver's motion for a new trial in this negligence lawsuit alleging that he was injured at the defendant company's warehouse when he was there picking up a delivery and fell off a loading dock. The jury found in favor of the defendant company, and the verdict was not against the weight of the evidence. Also, the admission of a demonstration video does not entitle the driver to a new trial.
Court: USDC Western District of Tennessee , Judge: Mays, Filed On: December 14, 2023, Case #: 2:22cv2190, NOS: Other Personal Injury - Torts - Personal Injury, Categories: Civil Procedure, Evidence, Negligence