7 results for 'cat:"Jurisdiction" AND cat:"Assault"'.
J. Guerra finds that the trial court has jurisdiction over false imprisonment and negligence claims brought by a former contestant against the production company for Netflix's "Love is Blind.” Because most of the company's alleged actions, including sequestering the contestant without her consent in a hotel, took place in Houston, the trial court can exercise specific jurisdiction over these claims. However, her two assault claims alleging that another contestant sexually assaulted her fall outside of the court's jurisdiction because the alleged assault occurred during filming in Mexico.
Court: Texas Courts of Appeals, Judge: Guerra, Filed On: May 9, 2024, Case #: 01-23-00444-CV, Categories: Negligence, jurisdiction, assault
J. Donnell dismisses a case brought by one of Jeffrey Epstein’s accusers in which she seeks to hold the owners of a building in which the assaults took place liable for the assaults. She claims the building’s owners allowed the abuse to occur by supporting Epstein socially and financially and allowing him to continue working and living in the building. The court finds the same underlying facts supporting her claims have already been litigated in an underlying state court action that she brought against Epstein’s estate, thus her claims are barred under res judicata.
Court: USDC Eastern District of New York, Judge: Donnelly, Filed On: February 29, 2024, Case #: 1:22cv125, NOS: Other Personal Injury - Torts - Personal Injury, Categories: jurisdiction, assault
J. Eddins finds that the circuit court had jurisdiction over defendant, who was arrested for an assault on his wife, but improperly sentenced him to two consecutive sentences. Although the initial charging documents were filed in district court, the circuit court rightfully had jurisdiction after the district court committed the case to circuit court, even without a refiled complaint in circuit court. The sentencing was improper as the court "offered no rationale for each consecutive sentence. The court focused almost entirely on the criminal incident itself. The court did not distinguish the three offenses, class C felonies carrying a 5-year maximum sentence, and instead treated them as one offense." Vacated in part.
Court: Hawai'i Supreme Court, Judge: Eddins, Filed On: September 13, 2023, Case #: SCWC-21-395, Categories: Sentencing, assault, jurisdiction
J. Rubin grants the secretary of the United States Air Force his motion to dismiss a petition that the court vacate convictions in an underlying court-martial against a former airman for raping his wife then revealing suicidal and homicidal ideation at a medical center. The airman, who had previously filed a habeas corpus petition, was denied relief and fails to allege an express waiver of sovereign immunity. Therefore, the court does not have subject matter jurisdiction over his claims.
Court: USDC Maryland, Judge: Rubin, Filed On: August 22, 2023, Case #: 8:22cv1509, NOS: Other Civil Rights - Civil Rights, Categories: jurisdiction, Habeas, assault
J. Rice finds that the district court had jurisdiction over a charge against a 17-year-old for an assault on a peace officer and a related misdemeanor charge of assault with bodily fluid since they were based on the felony assault. However, misdemeanor charges for punching another youth and two other misdemeanor assault with bodily fluid offenses should have been the jurisdiction of the youth court. Reversed in part.
Court: Montana Supreme Court, Judge: Rice, Filed On: August 1, 2023, Case #: DA 21-0337, Categories: Juvenile Law, assault, jurisdiction
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J. Walton grants an individual's motion for leave to conduct early discovery in her assault and battery case against an unnamed Secret Service agent. She has sufficiently shown a good faith belief the discovery will allow her to establish the district court's jurisdiction.
Court: USDC District of Columbia, Judge: Walton, Filed On: July 7, 2023, Case #: 1:22cv3536, NOS: Assault, Libel, & Slander - Torts - Personal Injury, Categories: jurisdiction, Discovery, assault