1,208 results for 'casenum:"21"'.
J. Katzmann finds for the U.S. in a dispute over the recommended tax levied on imported mattresses from Cambodia because the department of commerce did not err in considering public statements while calculating prices of imported mattresses.
Court: Court of International Trade, Judge: Katzmann, Filed On: May 16, 2024, Case #: 21-00281, Categories: Commerce, Trade
J. Raggi finds that the district court improperly sentenced defendant for his conviction on robbery counts that included murder of a robbery victim. Precedent now holds that rather than mandating consecutive sentences, concurrent sentences may be considered for murder counts. Thus, remand is necessary for the limited purpose of resentencing on the murder charge and to separately sentence defendant for his firearms conviction. Defendant's other claims on appeal lack merit.
Court: 2nd Circuit, Judge: Raggi, Filed On: May 15, 2024, Case #: 21-1379, Categories: Murder, Robbery, Sentencing
J. Bartley remands the veteran's daughter's appeal of a board decision denying her entitlement to dependency and indemnity compensation benefits, finding she was not rendered permanently incapable of self-support prior to attaining age 18. A prior remand in which a medical record was constructively before the board by its being submitted to the court of appeals was not considered. Remand is required for the board to render a decision in consideration of the entire record.
Court: Court Of Appeals For Veterans Claims, Judge: Bartley , Filed On: May 15, 2024, Case #: 21-4616, Categories: Health Care, Veterans, Due Process
J. Calabresi finds that the district court improperly found for prison officials in an inmate's claims that he had been denied a special meal for a Muslim religious holiday. Questions of fact remain unresolved as to whether the meal was part of the official Eid al-Adha observance or a tangentially related "family event," and the court properly denied plaintiff's request to reopen discovery in claims contending he had been subjected to cruel and unusual punishment claims due to the policy of leaving his housing block in constant illumination, which he claims caused migraines, dizziness, and fatigue.
Court: 2nd Circuit, Judge: Calabresi, Filed On: May 15, 2024, Case #: 21-2554, Categories: Constitution, Prisoners' Rights
J. Bokor finds the trial court improperly granted summary judgment to the lessee in a dispute with a neighboring property owner over a public-private agreement they entered with the city to redevelop a waterfront area in Miami, and a previous opinion in this case is withdrawn and replaced. Because genuine issues of fact exist as to whether the lessee was entitled to make improvements to a public roadway on the owner's property and whether the lessee made false representations to get the owner to sign one of the relevant contracts, summary judgment should not have been granted, particularly as pertains to the owner's fraud claims. Affirmed in part.
Court: Florida Courts Of Appeal, Judge: Bokor, Filed On: May 15, 2024, Case #: 21-0806, Categories: Fraud, Property, Contract
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Per curiam, the Ninth Circuit denies a petition for a rehearing en banc before the full court after the district court properly denied a preliminary injunction to a nonprofit challenging a land exchange that would allow copper mining to begin on land that Apache Native Americans consider sacred. The opinion, originally filed on March 1, 2024, has been amended and no further petitions will be entertained.
Court: 9th Circuit, Judge: Per curiam, Filed On: May 14, 2024, Case #: 21-15295, Categories: Civil Rights, Property, Native Americans
J. Baker holds that defendant failed to preserve his claim that the trial court improperly denied his motion to dismiss since he subsequently made a deal to plead guilty to criminal endangerment. Claims of pretrial error are not automatically appealable after a plea and the right to appeal pretrial rulings must be expressly reserved during the plea process. Affirmed.
Court: Montana Supreme Court, Judge: Baker, Filed On: May 14, 2024, Case #: DA 21-0648, Categories: Criminal Procedure, Dui, Plea
J. Farris finds that the trial court improperly awarded Preston Hollow more than $52 million in damages and pre-judgment interest for its breach of contract claim alleging that Senior Care defaulted on promissory notes related to the construction of an assisted living facility. A notice sent to Senior Care did not give clear, unequivocal notice that the debt would be automatically accelerated if it did not cure the alleged defaults. A new trial is necessary on this claim.
Court: Texas Courts of Appeals, Judge: Farris, Filed On: May 14, 2024, Case #: 01-21-00602-CV, Categories: Damages, Contract
J. McKinnon finds that defendant was not entitled to a mental health evaluation before he pleaded guilty for aggravated assault and attempted sexual assault since the record shows the plea was knowingly and voluntarily entered. His double jeopardy rights were not violated since the two offenses do not share the elements of sexual contact and serious bodily injury. But the trial court must revisit his ability to pay jury costs and the fee for a presentence investigation report. Reversed in part.
Court: Montana Supreme Court, Judge: McKinnon, Filed On: May 14, 2024, Case #: DA 21-0571, Categories: Assault, Double Jeopardy, Plea
J. Tjoflat finds that the district court improperly entered an order approving the proposed $35 million settlement agreement, certifying the class and granting attorney fees up to $10.5 million in a class action alleging that GoDaddy violated the Telephone Consumer Protection Act by using an automatic telephone dialing system to make calls and send texts to consumers' phones. The district court failed to apply the latest version of the amended procedural rule in finding that the proposed settlement was fair. The district court breached its fiduciary duty because the approved settlement agreement advanced the attorneys' interests over those of the absent class members. Class counsel provided insufficient information to enable the district court to comply with a procedural rule. The district court also applied an incorrect legal standard in calculating the attorney fees. Vacated.
Court: 11th Circuit, Judge: Tjoflat, Filed On: May 13, 2024, Case #: 21-10199, Categories: Settlements, Consumer Law, Class Action
J. Stacy finds the trial court properly convicted defendant for murder, conspiracy to commit murder and improper disposal of human remains. An online dating profile led investigators to defendant after the victim was reported missing. Cell phone activity, including text messages and location pings clearly linked defendant, her accomplice and the victim. Other evidence, including surveillance-video-documented purchases of items used in the dismemberment and disposal of the victim's body also supports the convictions. Statements made by the accomplice involving getting sexual gratification from torture and killing were properly admitted as related to the furtherance of the conspiracy. Affirmed.
Court: Nebraska Supreme Court, Judge: Stacy , Filed On: May 10, 2024, Case #: S-21-980, Categories: Evidence, Murder, Mayhem
J. Glickman upholds the superior court's finding for a condo developer and neighboring condominium on a condo association's claims pertaining to rooftop restrictions the developer agreed to include in its bylaws to appease the neighboring condo and attain a permit to build a condo exceeding height limitations. The bylaws, which were amended properly, are not unreasonable. Affirmed.
Court: DC Court of Appeals, Judge: Glickman, Filed On: May 9, 2024, Case #: 21-CV-0798 , Categories: Licensing, Real Estate, Housing
J. Murphy finds the lower court properly denied defendant's motion for resentencing under the First Step Act because his drug trafficking crimes involved an intent to distribute over 500 grams of crack cocaine, well in excess of the 280 grams required to trigger a life sentence under the 2018 revised version of the Act. Affirmed.
Court: 6th Circuit, Judge: Murphy, Filed On: May 7, 2024, Case #: 21-3753, Categories: Drug Offender, Sentencing
J. Cabret finds the superior court properly entered an amended judgment in the property owner's favor in a dispute with her neighbor in part over payment of property taxes for properties on their adjacent plots. The superior court's judgment calling for reimbursement of property taxes paid by the property owner was the most equitable result given the competing interests of both parties, and the court did not abuse its discretion. Affirmed.
Court: Virgin Islands Supreme Court, Judge: Cabret, Filed On: May 6, 2024, Case #: 2024 VI 21, Categories: Property, Tax
J. Rawlinson finds that the district court improperly denied a habeas corpus petition challenging a first-degree murder conviction. The matter involves a "cold case" which ended with a conviction 35 years after the murder but was based entirely on circumstantial evidence after the trial judge excluded exculpatory evidence of another viable suspect who was the last person to see the victim alive. The decision was based on an unreasonable determination of facts. Reversed.
Court: 9th Circuit, Judge: Rawlinson, Filed On: May 3, 2024, Case #: 21-55038, Categories: Evidence, Murder
J. McCool finds that the lower court properly convicted and sentenced defendant to death on multiple counts of capital murder. On appeal, defendant fails to show that his public-trial rights were violated. Also, he fails to show that a protection order was no longer in effect at the time of his wife’s death. Affirmed.
Court: Alabama Court of Criminal Appeals, Judge: McCool, Filed On: May 3, 2024, Case #: CR-21-0044, Categories: Death Penalty, Murder
Per curiam, the Nebraska Supreme Court finds the district court applied irrelevant case law in finding the Department of Health and Human Services did not breach its duty of care. The foster siblings allege the department breached its duty by placing them with a foster parent who sexually assaulted them. The department's argument relied on an inmate wrongful death-based case establishing tort claims exemption for the state for “[a]ny claim arising out of assault [or] battery.” The court found that another case, involving foster placement and assault applied, ruling the siblings did not provide sufficient evidence to prove the breach. The sovereign immunity analysis cannot focus only on the state's alleged negligence, ignoring that it allowed the assault to occur. Vacated in part.
Court: Nebraska Supreme Court, Judge: Per curiam, Filed On: May 3, 2024, Case #: S-21-1037, Categories: Tort, Immunity, Guardianship
J. Robinson finds that the trial court properly properly upheld the department of revenue's interpretation that the city was not eligible for payment in lieu of tax funds because the two properties owned by Memorial Hospital did not satisfy the definition of “nonprofit hospital facility.” Affirmed.
Court: Rhode Island Supreme Court, Judge: Robinson, Filed On: May 2, 2024, Case #: 21-185, Categories: Municipal Law, Tax
J. Bourliot finds that the trial court properly ruled in favor of the individual on claims of breach of a partnership agreement against her former partners relating to a venture to sell personal protective equipment during the Covid-19 pandemic. The former partners' arguments regarding the breach of the partnership agreement claim lack merit. Affirmed.
Court: Texas Courts of Appeals, Judge: Bourliot, Filed On: May 2, 2024, Case #: 14-21-00558-CV, Categories: Partnerships, Covid-19, Contract
J. Wright finds the trial court properly entered summary judgment in favor of the wind turbine manufacturer. The dock worker fell from a man basket while unloading turbine blades from a ship and claims the manufacturer's negligent right of control over the details of the work led to his injury. The contract established the worker's employer was an independent contractor on the jobsite. The worker failed to meet his burden to establish the manufacturer controlled or had the right to control the work he was performing. Affirmed.
Court: Texas Courts of Appeals, Judge: Wright , Filed On: May 2, 2024, Case #: 09-21-00177-CV, Categories: Tort, Negligence, Contract
J. Robinson finds that the district court properly declined to compel arbitration in fiduciary duty claims an employee brought against the company and the trustee of the contribution retirement plan. The arbitration provision was unenforceable under ERISA because the provision limited relief available to an individual's account and barred a plan-wide remedy. Affirmed.
Court: 2nd Circuit, Judge: Robinson, Filed On: May 1, 2024, Case #: 21-2891-cv, Categories: Erisa, Fiduciary Duty
J. Rushing finds the lower properly increased the mandatory minimum sentence for numerous federal drug and firearm offenses. The defendant argued that the judicial factfinding the judge participated in violated his Sixth Amendment right to a jury trial. The judge could find out the defendant had a prior conviction without a jury necessary. Affirmed.
Court: 4th Circuit, Judge: Rushing, Filed On: April 30, 2024, Case #: 21-4299, Categories: Drug Offender, Fair Trial, Judiciary
J. Sandefur finds that the trial court improperly allowed a state expert to remotely testify over video about the typical behavior of minor sexual abuse victims. No case-specific finding regarding Covid-19, the weather or other concern about the expert's availability to testify in person supported the exception to defendant's confrontation right. Instead, the state wanted remote testimony for witness convenience and for trial tactics. Reversed.
Court: Montana Supreme Court, Judge: Sandefur, Filed On: April 30, 2024, Case #: DA 21-0086, Categories: Confrontation, Sex Offender, Experts
J. Jackson-Akiwumi finds that the lower court improperly granted qualified immunity to two probation officers who failed to release a man jailed for a probation violation months after his probation should have been over. The officers' jobs involved correcting unlawfully long probation terms, but they did nothing when they discovered the error, not even tell someone about the problem. Their decision to do nothing about the mistake was egregious and unreasonable. Reversed.
Court: 7th Circuit, Judge: Jackson-Akiwumi, Filed On: April 30, 2024, Case #: 21-3332, Categories: Civil Rights, Immunity
J. Jackson-Akiwumi finds that the lower court improperly enhanced defendant's sentence for possession of a firearm under the Armed Career Criminal Act. Defendant's prior Florida conviction for aggravated assault no longer qualifies as a violent felony after the Florida Supreme Court's decision in Somers v. U.S., which ruled that the Florida crime of aggravated assault covers reckless conduct. To qualifies as a violent felony, a prior crime must be intentional not reckless. Vacated.
Court: 7th Circuit, Judge: Jackson-Akiwumi, Filed On: April 30, 2024, Case #: 21-1325, Categories: Firearms, Sentencing
J. Sykes finds that the lower court properly found for the village on a developer's claims that it was singled out for unfavorable treatment. The developer failed to show that the village's decisions lacked any conceivable rational basis. Rather, the village's imposed development conditions were rationally related to its interests in promoting its land-use objectives. Affirmed.
Court: 7th Circuit, Judge: Sykes, Filed On: April 30, 2024, Case #: 21-3237, Categories: Civil Rights, Real Estate
[Consolidated.] J. Jackson-Akiwumi finds that the lower court properly convicted defendant of inciting a riot in Champaign, Illinois during the weekend of unrest following the police murder of George Floyd. The panel declined to revisit the Seventh Circuit's 1972 decision in U.S. v. Dellinger upholding the Anti-Riot Act as constitutional under the First Amendment. Further, the offense is covered by the Mandatory Victims Restitution Act as an "offense against property." However, the government failed to meet its burden of showing that defendant directly caused all damages to businesses in the restitution order, so the lower court must revisit its $1.6 million restitution order. Affirmed in part.
Court: 7th Circuit, Judge: Jackson-Akiwumi, Filed On: April 29, 2024, Case #: 21-2572, Categories: Constitution, Restitution, Property Crimes