174 results for 'filedAt:"2024-03-07"'.
J. Owens finds that the district court properly entered convictions for wire fraud, mail fraud and various tax offenses. Defendant claimed that the 21 days it took the U.S. Marshals Service to transport him from the District of New Jersey to the Central District of California should have triggered a Speedy Trial Act violation. Defendant claimed that the government did not bring him to trial within the 70-day limit under United States Code. The seventy-day clock is triggered by the public filing of the indictment or the first appearance before a judge. The 21-day delay between defendant's detention in New Jersey and his first appearance before a judge was immaterial to the Speedy Trial Act analysis. Affirmed.
Court: 9th Circuit, Judge: Owens, Filed On: March 7, 2024, Case #: 22-50047, Categories: Fraud, Tax, Speedy Trial
J. Tufte finds that the district court improperly entered criminal judgment after a jury convicted an individual of exploitation of a vulnerable adult and attempted theft. Defendant argued that the court improperly admitted several trial exhibits because the exhibits were not properly authenticated and are inadmissible hearsay lacking sufficient foundation as records of regularly conducted activity. Reversed.
Court: North Dakota Supreme Court, Judge: Tufte, Filed On: March 7, 2024, Case #: 2024ND42, Categories: Evidence, Theft
J. Theofanis finds that the trial court properly ruled against a mother, appointing her as the possessory conservator of her child and ordering her to pay child support to her child's managing conservator, the child's father. Based on the evidence provided, the father has for years been the child's sole caretaker and altering his parental rights would interfere with the child's development. Affirmed.
Court: Texas Courts of Appeals, Judge: Theofanis, Filed On: March 7, 2024, Case #: 03-23-00274-CV, Categories: Family Law
J. Stratton finds that substantial evidence supported a university's decision to use a combined investigator-adjudicator procedure in proceedings that resulted in a student's expulsion for intimate partner violence. Neither the original proceedings nor the appellate process violated the student's due process rights. Affirmed.
Court: California Courts Of Appeal, Judge: Stratton, Filed On: March 7, 2024, Case #: B290675, Categories: Civil Rights, Education, Due Process
Want access to unlimited case records and advanced research tools? Create your free CasePortal account now. No credit card required to register.
Try CasePortal for Free
J. Cain denies a request by Louisiana and other energy-producing states to halt the Biden administration’s implementation of a 2023 rule of the Clean Water Act that expands states’ responsibility for enforcement of environmental regulations. Litigant states argue the rule is unlawful and will be expensive for states to enforce. It is in the public interest to allow the rule to remain in effect pending a review of the merits of the states’ suit against the EPA.
Court: USDC Western District of Louisiana , Judge: Cain, Filed On: March 7, 2024, Case #: 2:23cv01714, NOS: Other Statutory Actions - Other Suits, Categories: Energy, Environment, Government
J. Moor orders the partial publication and modification of a previously issued opinion. An untimely challenge to a city's adoption of zoning ordinances regulating development along a light rail line was not made timely by the relation back doctrine. And the city relied on substantial evidence to find that the adoption was inconsistent with the city's general plan. Affirmed.
Court: California Courts Of Appeal, Judge: Moor, Filed On: March 7, 2024, Case #: B318346, Categories: Environment, Zoning
J. Kelety finds that the trial court properly relied on the adverse judgment rule to toss a malicious prosecution claim. The bar patron had a full and fair opportunity to litigate his credibility claim against his accuser, the director of security, in an underlying criminal assault case. The patron also failed to provide legal support for his unfair competition allegation that he was kicked out of a bar because of his race. Affirmed.
Court: California Courts Of Appeal, Judge: Kelety, Filed On: March 7, 2024, Case #: D081549, Categories: Malicious Prosecution, Unfair Competition
J. Sammartino denies the employee's motion to remand a wage-and-hour class action against American Airlines to state court. American Airlines' 10% violation rate to determine the amount of damages is reasonable based on the complaint's "from time to time" and "policy and practice" allegations. Using this violation rate, the amount in controversy comes out to roughly $16 million, which easily clears the $5 million federal jurisdiction hurdle set by the Class Action Fairness Act.
Court: USDC Southern District of California, Judge: Sammartino, Filed On: March 7, 2024, Case #: 3:23cv1779, NOS: Other Labor Litigation - Labor, Categories: Jurisdiction, Class Action, Labor
J. Wise finds that the trial court properly ruled in favor of the purchasers of a food truck that was never delivered. There was sufficient evidence that the food truck business and its manager violated the Deceptive Trade Practices Act. Affirmed.
Court: Texas Courts of Appeals, Judge: Wise, Filed On: March 7, 2024, Case #: 14-21-00292-CV, Categories: Fraud, Contract
J. Egan finds that the lower court properly dismissed a petition challenging the finding that a nursing home owed $4.5 million in Medicaid overpayments because the former operator of the home brought the action, and lack of standing to challenge the overpayment demand had already been decided in an administrative hearing. Affirmed.
Court: New York Appellate Divisions, Judge: Egan, Filed On: March 7, 2024, Case #: 536191, Categories: Civil Procedure, Medicaid
Per curiam, the court of appeals denies the petition for mandamus. Civilly committed as a sexually violent predator, the patient's unauthorized petition for release was denied, with the court stating that though progress was made, the patient was still likely to engage in predatory sexual violence. The expert report shows the patient's behavior has changed for better and worse during the course of his treatment.
Court: Texas Courts of Appeals, Judge: Per curiam, Filed On: March 7, 2024, Case #: 09-22-00022-CV, Categories: Evidence, Health Care, Commitment
J. Stewart grants, in part, a healthcare service's petition for review. The labor relations board's holdings the company improperly issued an oral workplace rule and threatened an RN for disruptive behavior are not supported by substantial evidence considering the existing precedent that a rule must be communicated to multiple employees to constitute a violation. However, the board's petition for enforcement is also partially granted, as the company violated labor rules by conducting coercive investigations and unlawfully terminating the RN.
Court: 5th Circuit, Judge: Stewart , Filed On: March 7, 2024, Case #: 22-60584, Categories: Health Care, Employment Retaliation, Labor
J. Wood finds the circuit court properly denied the landowners' petition for a writ of mandamus challenging the county's tax assessment. The county, after a certain time of assessing the owner's timberland as agricultural without structures, learned of a structure that had been built and increased the taxes. The owner's husband represented her without authorization to practice law and, therefore, the petition is a nullity as to her claims. The husband also has not exhausted his administrative remedies. Affirmed.
Court: Arkansas Supreme Court, Judge: Wood , Filed On: March 7, 2024, Case #: CV-23-511, Categories: Administrative Law, Remedies, Tax
J. Baker finds the circuit court improperly reduced the restored building owner's tax obligation to $0. The Department of Arkansas Heritage issued a $125,000 state income tax credit to the owner, who used a portion to pay certain taxes, then sought review of the assessor's adjustment. The circuit court concluded that certain statutes regarding the limits of a rehabilitation credit conflict and ordered the tax obligation reduced to $0, allowing the owner to carry forward the unused portion of the credit for five years. The court incorrectly determined the credit must be applied after apportionment and erroneously determined the statutes conflict. Reversed.
Court: Arkansas Supreme Court, Judge: Baker , Filed On: March 7, 2024, Case #: CV-23-412, Categories: Administrative Law, Construction, Tax
J. Dorrian finds the lower court properly granted the state of Ohio's motion to dismiss the construction company's interference with a contract claim. Although the company's income fell significantly after certain projects were diverted to another agency within the state, the agencies assigning and completing the work are both arms of the state and, therefore, the company could not satisfy the outside party requirement of the claim. However, because evidence in the record shows the state agencies misled individuals about whether certain projects were covered by the construction company's services contract with the state, it has stated a viable contract claim, which will be reinstated upon remand. Affirmed in part.
Court: Ohio Court Of Appeals, Judge: Dorrian, Filed On: March 7, 2024, Case #: 2024-Ohio-824, Categories: Construction, Government, Interference With Contract
J. Keough finds the trial court properly denied defendant's motion to exclude extraction evidence from the victim's cell phone. Not only was the evidence not used by the state during trial, but defendant admitted his own cell phone records, including text messages, that corroborated the evidence. Meanwhile, the trial court properly continued defendant's trial in his absence following injuries sustained in a stabbing because evidence indicated the wounds were self-inflicted and, therefore, defendant's absence was his own fault. Affirmed.
Court: Ohio Court Of Appeals, Judge: Keough, Filed On: March 7, 2024, Case #: 2024-Ohio-843, Categories: Evidence, Sex Offender
J. Duncan finds the district court properly granted the officers' motion to dismiss. The security guard, following a heated exchange with a Houston police officer, was arrested for assault. Though a grand jury indicted the guard, the charges were later dropped, and the guard filed suit against the officers alleging false arrest, malicious prosecution and assault. The officers are entitled to qualified immunity. Affirmed.
Court: 5th Circuit, Judge: Duncan , Filed On: March 7, 2024, Case #: 23-20075, Categories: Immunity, Assault, Police Misconduct
J. Shulman finds that the lower court improperly granted the plaintiff's firm's efforts to pierce corporate veil in support of an alter ego claim against nine TPG Capital-related defendants in a fraud suit. There is no evidence to find that the TPG defendants exercised complete dominion over the purportedly dominated companies, and the lower court erred in assessing these factors under a collective liability theory by treating the TPG defendants as a single entity. Reversed.
Court: New York Appellate Divisions, Judge: Shulman, Filed On: March 7, 2024, Case #: 01250, Categories: Corporations, Fraud
J. McDade finds that the lower court properly rejected the husband's petition to terminate his monthly payments to his ex-wife. There is no merit to the husband's claim that the court's original 1992 order was void because it lacked jurisdiction to divide his federal benefits. Affirmed.
Court: Illinois Appellate Court, Judge: McDade, Filed On: March 7, 2024, Case #: 220125, Categories: Family Law
J. Pearce finds that the trial court properly applied Utah's postjudgment interest rate to a Hawaii court's award once the judgment was domesticated in Utah. Also, the parties' underlying contract did not call for the application of Hawaii's postjudgment interest rate and principles of comity do not overried the requirements of the Foreign Judgment Act. Affirmed.
Court: Utah Supreme Court, Judge: Pearce, Filed On: March 7, 2024, Case #: 20230285, Categories: Damages, Enforcement Of Judgments
J. Pohlman finds that the State Tax Commission properly rejected taxpayers' argument that the Covid-19 pandemic entitled them to an adjustment to the fair market value of their properties for the tax year 2020 under the Access Interruption Statute. The pandemic was not a qualifying event under the law, and the list of qualifying events may only be expanded through promulgation by the Commission after it determines an additional event is similar to the 13 legislatively enumerated events. Affirmed.
Court: Utah Supreme Court, Judge: Pohlman, Filed On: March 7, 2024, Case #: 20220345, Categories: Property, Tax, Covid-19