68 results for 'casenum:"18"'.
Per curiam, the appellate division finds that defendant was improperly convicted of attempted murder and assault because evidence does not indicate defendant knew his passenger was armed and planned to shoot at another person. However, evidence supported defendant's conviction for possessing a gun outside his home or business. Reversed in part.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: May 13, 2024, Case #: KA 18-01371 , Categories: Firearms, Intent, Murder
[Consolidated.] J. Easterbrook finds that the lower court improperly denied an investor's motion to intervene in a dismissed securities class action. The investor seeks to challenge $300,000 in mootness fees paid by the corporation to counsel in a suit mooted after the company agreed to make supplemental disclosures about its proposed merger. He claims that the only purpose of the suit was not needlessly increase the cost of litigation to induce the company to pay fees to counsel, while not providing any real benefit to investors. While the court has already ordered the fees returned in this particular case, counsel are entitled to be heard, and the court may consider sanctions. Vacated.
Court: 7th Circuit, Judge: Easterbrook, Filed On: April 15, 2024, Case #: 18-2220, Categories: Securities, Attorney Fees, Class Action
J. Swan finds the trial court partially erred in its judgment awarding a one-half interest in a property to the ex-boyfriend in his dispute with the ex-girlfriend over ownership of the property they jointly purchased in 2001. The trial court's application of the evidence standard and challenged findings of fact are affirmed, but it improperly failed to complete its findings by not determining how much of the mortgage encumbers each of the ex-boyfriend and the ex-girlfriend's one-half interests. The trial court's judgment is partially affirmed and partially vacated, and the case is remanded only to determine how much of the ex-girlfriend's interest is encumbered by the mortgage. Affirmed in part.
Court: Virgin Islands Supreme Court, Judge: Swan, Filed On: April 3, 2024, Case #: 2024 VI 18, Categories: Property, Contract
J. Halligan finds that the appellate division properly held that an attorney established entitlement to fees in a medical malpractice action as he calculated them. His client claimed legal malpractice and sought plenary action under judiciary law for alleged deceit on the court, which she was permitted to bring as opposed to solely seeking vacatur on appeal. However, she failed to raise triable issues on whether the attorney's calculations amounted to false statements. Affirmed.
Court: New York Court Of Appeals, Judge: Halligan, Filed On: March 19, 2024, Case #: 18, Categories: Legal Malpractice, Attorney Fees
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J. Christen finds that the district court improperly entered conviction for conspiring to possess a destructive device in furtherance of a crime of violence and aiding and abetting the same. The conviction could not stand under precedent of the Supreme Court in USA v. Davis. However, defendant was properly convicted for conspiring to use a weapon of mass destruction. The matter involves a Syrian national's involvement in a conspiracy that targeted U.S. military personnel and property in Iraq. Affirmed in part.
Court: 9th Circuit, Judge: Christen , Filed On: February 28, 2024, Case #: 18-10435, Categories: Conspiracy, Terrorism
J. Bennett finds the United States Customs and Border Patrol (Customs), properly classified imports of tritium sight inserts under the category of lamps. While the importer argues the classification is incorrect and suggests the items would be more accurately categorized under apparatus based on the use of alpha, beta, or gamma radiations which carries a zero import duty rate, the instant court finds the imports do not fit that definition or criteria and that Customs properly categorized them as lamps, which carries a six percent import rate. Affirmed.
Court: Court of International Trade, Judge: Bennett, Filed On: February 16, 2024, Case #: 24-18, Categories: Commerce
J. Wardlaw denies a petition for panel rehearing concerning an individual's claim that his confession in his criminal case was coerced in violation of his Fifth Amendment Rights. The matter is on remand from the United States Supreme Court in which the panel reversed the district court’s judgment on a jury verdict for the county and remanded for a new trial. The matter stems from the alleged assault of an individual at Los Angeles County/USC Medical Center.
Court: 9th Circuit, Judge: Wardlaw, Filed On: January 25, 2024, Case #: 18-56414 , Categories: Civil Rights, Constitution
J. Beckwith reverses the lower court's refusal to suppress evidence of a gun during defendant's firearms-related trial. The police officers, who had pulled over a rideshare vehicle in which defendant had been a passenger, did not have grounds to suspect defendant was armed and dangerous to justify their frisk of his jacket, which was laying in the backseat. Reversed.
Court: DC Court of Appeals, Judge: Beckwith, Filed On: January 4, 2024, Case #: 18-CF-1128 , Categories: Firearms, Search
J. Martinez reverses, in part, the trial court's various rulings in a dispute between several oil and gas producers that had working interests in Cooke Ranch. The trial court improperly awarded bonus amounts to two companies after the jury incorrectly reached a verdict contrary to undisputed testimony. Furthermore, a new trial on certain attorney fees must be held, as portions of fees awarded were based on unsegregated amounts or were not fully explained by the trial court. Reversed in part.
Court: Texas Courts of Appeals, Judge: Martinez, Filed On: December 27, 2023, Case #: 04-18-00411-CV , Categories: Energy, Damages, Attorney Fees
J. McLeese vacates defendant's assault with a deadly weapon convictions. The government fails to show he intentionally collided with either of the victims' cars, and the nonsexual offensive touching did not inflict bodily damage. Vacated in part.
Court: DC Court of Appeals, Judge: McLeese, Filed On: December 21, 2023, Case #: 18-CF-1095, Categories: Assault, Vehicle
J. Donohue finds that the lower court improperly dismissed a group of Pennsylvania casino owners complaint against the Pennsylvania Department of Revenue alleging that lottery games offered online “impermissibly simulate slot machines,” thereby infringing on the casino owners’ share of the online market in violation of state law. To determine whether the online lottery game violates the state prohibition against simulating a slot machine will require a subjective assessment of the game’s appearance and effect when in play. Vacated.
Court: Pennsylvania Supreme Court, Judge: Donohue, Filed On: December 19, 2023, Case #: J-18-2023, Categories: Civil Procedure, Government, Business Practices
J. Leonard finds the circuit court properly ruled that a veterinarian hospital and a dog owner were not liable for a dog bite sustained by a hospital employee. The owner had transferred care to the hospital at the time of the bite and the employee could not prove negligence in this action or that the dog was known to be dangerous and the owner neglected to warn the employee. The hospital employee’s claims are also barred by the assumption of risk inherent with accepting employment at a pet hospital where animals are known to be unpredictable, even if the employee was inexperienced in animal care. Affirmed.
Court: Hawai'i Court Of Appeals, Judge: Leonard, Filed On: November 28, 2023, Case #: CAAP-18-427, Categories: Negligence, Premises Liability
J. Baker finds the trial court properly ruled against an electricity generator in its fraud suit against executives at the Electricity Reliability Council of Texas. Based on precedent set by the Texas Supreme Court, the Public Utility Commission has jurisdiction over the generator’s claims, not the trial court. Affirmed.
Court: Texas Courts of Appeals, Judge: Baker, Filed On: November 28, 2023, Case #: 03-18-00695-CV, Categories: Energy, Government, Jurisdiction
Per curiam, the appellate division finds that the trial court properly convicted defendant of second degree murder and attempted murder after his accomplice shot at another vehicle because the theory that defendant's cell phone records might indicate his involvement were supported by witness testimony and information contained in the search warrant application. Meanwhile, defendant failed to pursue suppression in contending he had been questioned by police without a lawyer. Affirmed.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: November 17, 2023, Case #: KA 18-00291, Categories: Evidence, Murder, Search
Per curiam, the appellate division properly dismissed a prospective juror who stated she may become distracted during defendant's second-degree murder trial. Meanwhile, the state's firearms expert possessed the relevant background and degrees, and the court properly refused to instruct the jury on manslaughter because the victim had been shot in the face with a shotgun from less than six feet away. Affirmed.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: November 17, 2023, Case #: KA 18-01613, Categories: Jury, Murder, Experts
J. Sabatino finds that the appellate division improperly convicted defendant of drug-impaired driving based on the testimony of a drug recognition expert because the expert examination contained some risk of confirmation bias and thus should not have been used as a per se test of guilt.
Court: New Jersey Supreme Court, Judge: Sabatino , Filed On: November 15, 2023, Case #: A-56-18, Categories: Dui, Experts
[Consolidated.] J. Wilson finds that defendant was properly convicted on two counts of first-degree murder and given consecutive life sentences stemming from the shooting deaths of his wife and stepson. The evidence "overwhelmingly" indicates that the homicides were not done in self-defense. Also, defendant's motion to change venue was properly denied because he did not show there was "an overriding prejudice in the community that affected his right to an impartial jury." Affirmed.
Court: Louisiana Court Of Appeal, Judge: Wilson, Filed On: October 18, 2023, Case #: KA-23-18, Categories: Evidence, Murder, Self Defense
J. Holte allows a medical officer to continue claims challenging her separation from the air force because genuine issues remain in dispute as to why multiple requests to withdraw her separation had been ignored.
Court: Court of Federal Claims, Judge: Holte, Filed On: October 10, 2023, Case #: 18-496, Categories: Military
J. Wadsworth finds the lower courts improperly determined that transient vacation rental owners could not challenge the assignment of the state agency’s hearing officer to their application for rental permits. The homeowners, who contend that the hearing officer was paid with money that comingled the fines he assessed in his denial of their rental application, have standing and jurisdiction to contest the assignment of a conflicted officer to their applications. The assignment of the officer to the cases bypassed due process in the agency’s code that should have accounted for the potential conflict of interest. Vacated.
Court: Hawai'i Court Of Appeals, Judge: Wadsworth, Filed On: September 29, 2023, Case #: CAAP-18-902, Categories: Government, Due Process, Agency