248 results for 'casenum:"20"'.
Per curiam, the court of appeals dismisses the veteran's appeal of the board's remand of his claims of entitlement to an initial evaluation in excess of 10% for chronic sinusitis. The claims were remanded rather than finally adjudicated. Though the veteran requested review, the court does not have jurisdiction to review a board remand that failed to refer pending claims to the agency of original jurisdiction for initial adjudication.
Court: Court Of Appeals For Veterans Claims, Judge: Per curiam, Filed On: May 15, 2024, Case #: 20-3523, Categories: Health Care, Veterans, Due Process
J. Kennedy finds on remand from the court of criminal appeals that the lower court properly assessed costs of court in this case stemming from a bond forfeiture. However, the judgment is modified to delete certain fees, which were improperly assessed, including the law library, the appellate fund and the records management fees. Affirmed as modified.
Court: Texas Courts of Appeals, Judge: Kennedy, Filed On: May 14, 2024, Case #: 05-20-01005-CV, Categories: Civil Procedure, Forfeiture
J. Cole finds that the lower court improperly convicted and sentenced defendant of capital murder for the alleged shooting death of a gas station clerk during the course of robbery. Specifically, the state “directly commented” on defendant’s right not to testify, which requires reversal. The state’s comments regarding “the missing gun” occurred during its rebuttal closing argument, and the lower court failed to remedy the prejudice. Reversed.
Court: Alabama Court of Criminal Appeals, Judge: Cole, Filed On: May 3, 2024, Case #: CR-20-0727, Categories: Criminal Procedure, Miranda, Murder
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. Forrest finds that the district court improperly denied a motion to suppress a firearm found during a warrantless search of defendant’s truck in a case that presented the question of whether an officer’s failure to comply with governing administrative procedures is relevant in assessing the officer’s motivation for conducting an inventory search. The deputies who searched defendant’s truck acted solely for investigatory reasons and the warrantless search therefore violated the Fourth Amendment. Reversed.
Court: 9th Circuit, Judge: Forrest, Filed On: May 2, 2024, Case #: 20-50345, Categories: Constitution, Firearms, Search
J. Nguyen finds that the district court properly dismissed a nightclub operator's claim in an action alleging First Amendment and due process violations when the city suspended its license to operate a nightclub for thirty days following a shooting outside the club. The city found the club operated its venue in a manner that caused the shooting and created a public nuisance in violation of San Jose Municipal Code. The club failed to state a procedural due process claim. Affirmed.
Court: 9th Circuit, Judge: Nguyen, Filed On: April 30, 2024, Case #: 20-15085, Categories: Constitution, Municipal Law
J. Henderson upholds defendant's 120-month sentence for his conviction for conspiracy to distribute more than 280 grams of crack cocaine. Contrary to defendant's claim, the safety valve provision does not support his contention defense counsel should have argued he was eligible for sentencing without considering the statutory minimum. Affirmed.
Court: DC Circuit, Judge: Henderson, Filed On: April 19, 2024, Case #: 20-3083 , Categories: Drug Offender, Ineffective Assistance, Sentencing
J. Davis finds for the U.S. in claims challenging the finding that the general services administration overpaid a company for real estate tax increases for six years because the company failed to establish grounds to sue for damages related to the overpayment.
Court: Court of Federal Claims, Judge: Davis, Filed On: April 16, 2024, Case #: 20-116C, Categories: Tax, Contract
J. Thomas finds that the district court properly denied a habeas corpus petition in a case in which defendant was sentenced to death after a jury convicted him of murder of one woman and the rape, sodomy and forced oral copulation of another. Defendant claimed that his trial counsel was ineffective for failing to challenge a pathologist's qualifications after he was contracted to perform an autopsy in the matter. Affirmed.
Court: 9th Circuit, Judge: Thomas, Filed On: March 28, 2024, Case #: 20-99011, Categories: Death Penalty, Habeas, Ineffective Assistance
[Consolidated] J. Bailey finds a lower court properly ruled in favor of the tax authority on a power plant's challenge to a tax imposition. The power plant argued that the tax authority erred in deciding that the County's valuation and taxation of it was preempted. However, the tax authority sufficiently showed in court that previous tax levies from 2010 to 2013 barred the plant from moving ahead on its claims. Affirmed.
Court: Arizona Court Of Appeals Division One, Judge: Bailey, Filed On: March 19, 2024, Case #: 1 CA-TX 20-4, Categories: Tax
J. Singas answers a certified question by finding that human rights laws of New York state and city provide protections from employment discrimination to nonresidents who are not yet employed in city- or state-based jobs, but who proactively sought such employment. A South Asian-American journalist working outside New York claimed her race and sex kept her from a job in New York City because the occupation was not labeled a "diversity slot" by her employer. Thus, the alleged discrimination met the precedential test of having an impact within city-state boundaries.
Court: New York Court Of Appeals, Judge: Singas, Filed On: March 14, 2024, Case #: 20, Categories: Employment Discrimination
J. Chin finds that the district court improperly denied a pro se inmate's request to proceed in forma pauperis in civil rights claims on grounds that he already claimed indigence too many times in actions dismissed as frivolous. Inmates are allowed three "strikes" before being forced to post upfront filing fees, rather than having fees deducted from prison accounts over time, but the cases at issue should not have counted toward the inmate's total.
Court: 2nd Circuit, Judge: Chin, Filed On: March 14, 2024, Case #: 20-1644-pr, Categories: Criminal Procedure, Prisoners' Rights
J. Walker finds that the district court improperly upheld an enforcement action against a senior partner at a private equity firm accused of breaching fiduciary duties to funds he advised because he could not have reasonably foreseen that his expense reports for phony business expenditures would be paid by the funds and not by his then-employer. Reversed.
Court: 2nd Circuit, Judge: Walker, Filed On: March 13, 2024, Case #: 20-4080-cv, Categories: Securities, Fiduciary Duty
J. Beckwith suspends Alvin S. Brown for 60 days, and he must demonstrate fitness and pay restitution to be reinstated. Evidence that Brown violated eight rules of professional conduct, including by charging fees for services he did not provide and failing to communicate with a client, supports the Board on Professional Responsibility's recommendations.
Court: DC Court of Appeals, Judge: Beckwith, Filed On: March 7, 2024, Case #: 20-BG-0589, Categories: Evidence, Attorney Discipline
[Consolidated.] J. Gilson finds that the trial court properly dismissed claims contending pharmaceutical companies used free nurse and reimbursement support services to market drugs in order to submit inflated Medicare and Medicaid claims because the health centers lacked standing to act as relators, and the claims are nearly identical to similar federal complaints filed in Texas. Affirmed.
Court: New Jersey Appellate Division, Judge: Gilson , Filed On: March 1, 2024, Case #: A-2731-20, Categories: Medicaid, Medicare, False Claims
J. Lagoa finds that the district court properly upheld the administrative law judge's denial of the mother's claim for insurance benefits for a child she conceived through in vitro fertilization using the decedent's sperm after his death. The decedent's will did not provide for his posthumously conceived child. The child is not eligible for a claim against the decedent's estate and is not considered a child of the decedent for the purposes of qualifying for benefits under the Social Security Act. Affirmed.
Court: 11th Circuit, Judge: Lagoa, Filed On: February 29, 2024, Case #: 20-11656, Categories: Insurance, Social Security, Wills / Probate
Per curiam, the appellate division finds that conditions set in reinstating attorney William Castro to practice law in New York have been satisfied and thus should be terminated. Before reinstatement in 2021, Castro had been disbarred based on his conviction for multiple federal felonies in Florida.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: February 29, 2024, Case #: PM-20-24, Categories: Attorney Discipline
J. Kearse finds that the district court improperly dismissed workplace discrimination and retaliatory termination claims because the employee raised triable issues of fact in hostile work environment claims and claims contending she was retaliated against by being transferred to work in a city 160 miles away from her family. She also presented triable issues in claims contending she suffered discriminatory termination and was paid less than an identified male coworker.
Court: 2nd Circuit, Judge: Kearse, Filed On: February 28, 2024, Case #: 20-3599, Categories: Employment Discrimination, Employment Retaliation
Per curiam, the Fourth Circuit upholds defendant’s conviction for two counts of using a firearm in relation to a violent crime. A violent crime in support of racketeering activity, committed with a dangerous weapon, is a valid crime-of-violence predicate for convictions such as defendant’s. Affirmed.
Court: 4th Circuit, Judge: Per curiam, Filed On: February 27, 2024, Case #: 20-6767, Categories: Criminal Procedure, Weapons, Racketeering
J. Chicchelly finds that a Medicaid recipient was properly denied judicial review after disputing services because Iowa Code 441-78.43 does not authorize stand-alone transportation services for program members receiving supported community living services that include transportation costs.
Court: Iowa Court Of Appeals, Judge: Chicchelly, Filed On: February 21, 2024, Case #: 20-0046, Categories: Medicaid
J. Riedmann finds the county court properly classified and distributed the marital estate. Certain retirement accounts, which one party of the same-sex marriage had established before the marriage, were properly awarded to that party. The other party properly received portions to which she contributed during the marriage. Though the home, owned by one party before the marriage, had increased in value, it was encumbered to its full value at the time of separation. Affirmed.
Court: Nebraska Court Of Appeals, Judge: Riedmann , Filed On: February 13, 2024, Case #: A-20-901, Categories: Family Law, Property, Contract
Upon remand from the Supreme Court, J. Walker again upholds the district court's dismissal of landowners' challenge to the grant of a certificate to build 300 miles of pipeline from West Virginia to southern Virginia. The district court lacked jurisdiction, as the federal court of appeals had previously ruled on a petition challenging issuance of the certificate. Affirmed.
Court: DC Circuit, Judge: Walker, Filed On: February 13, 2024, Case #: 20-5203 , Categories: Energy, Environment, Jurisdiction
J. Carluzzo finds for the commissioner of internal revenue in this tax liability dispute because the mother was not entitled to an earned income tax credit or head of household filing status as claimed on her return.
Court: U.S. Tax Court, Judge: Carluzzo, Filed On: February 9, 2024, Case #: 2024-20, Categories: Tax
[Consolidated.] J. Holte grants the U.S. dismissal of takings claims in which oyster farms contend spillway operations destroyed oyster stock because the claims fall under Louisiana law and they are barred from maintaining this action.
Court: Court of Federal Claims, Judge: Holte, Filed On: February 9, 2024, Case #: 20-44, Categories: Property
J. Kearse finds that the district court improperly dismissed certain claims contending a doctor had been terminated for pretextual reasons upon the closing of a hospital infertility program. "Rational juror" principles were not applied to assess whether a connection might be inferred between termination and the doctor's recovery from a neurological impairment, or the red flags she raised on patient-care and billing errors by two colleagues.
Court: 2nd Circuit, Judge: Kearse, Filed On: February 6, 2024, Case #: 20-3894, Categories: Employment Discrimination, Employment Retaliation