106 results for 'filedAt:"2023-05-26"'.
J. Vaden grants in part and denies in part the government's cross-motion for summary judgment in this matter concerning frozen fruit mixtures from Canada. A food company contests the United States Customs and Border Protection (Customs) classification of its products as frozen fruit, as the fruit mixtures may contain vegetable ingredients. Because the fruit mixtures may contain non-fruit ingredients, Customs must reclassify all of the merchandise according to its contents as the classifications affect taxation, but only reliquidate certain products specified by the court.
Court: Court of International Trade, Judge: Vaden, Filed On: May 26, 2023, Case #: 23-82, Categories: Commerce
J. Schroeder denies a CBD products manufacturer's motion to dismiss a CBD oil supplier's negligent misrepresentation counterclaim in connection with the manufacturer's $500,000 loan to the supplier to upfit a CBD production facility. There are disputes of fact regarding the type of oil the manufacturer claimed to need and how much it planned on purchasing from the supplier, which plausibly induced the supplier to lease and upfit the facility.
Court: USDC Middle District of North Carolina, Judge: Schroeder, Filed On: May 26, 2023, Case #: 1:22cv555, NOS: Negotiable Instrument - Contract, Categories: Contract
J. Wall finds a lower court improperly imposed an illegal sentence on a defendant who was charged for kidnapping a teenager at gunpoint in order to coerce her to sell marihuana. The State argued that the lower court properly imposed a 71 month prison sentence on behalf of the defendant based on his criminal history score. However, the defendant presented sufficient evidence in court that he is entitled to a motion to correct the illegal sentence in an appellate court, which has subject matter jurisdiction over illegal sentences. Reversed.
Court: Kansas Supreme Court, Judge: Wall, Filed On: May 26, 2023, Case #: 122,418, Categories: Drug Offender, Sentencing, Kidnapping
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J. Funke finds the district court improperly entered a declaratory judgment and permanent injunction in favor of the livestock company in this dispute over cattle brand inspection statute interpretation. Cattle moved into registered feedlots from their point of origin, with no other movements, avoid brand inspection. Cattle moved from their point of origin to “backgrounding” lots for calf weight and immunity build up before going to a feedlot do not avoid brand inspection. Reversed. Injunction vacated and dismissed.
Court: Nebraska Supreme Court, Judge: Funke, Filed On: May 26, 2023, Case #: S-22-534, Categories: Administrative Law, Agriculture
J. Vernoia finds that the trial court should have suppressed evidence of a handgun and large capacity magazine in defendant's trial on weapons charges because the officer may not have been able to see a handgun through the tinted windows of defendant's vehicle. Reversed.
Court: New Jersey Appellate Division, Judge: Vernoia, Filed On: May 26, 2023, Case #: A-1243-22, Categories: Search, Weapons
J. Welbaum finds the trial court properly refused to merge defendant's weapon charges for sentencing purposes because the carrying of a concealed weapon and the possession of a weapon while under disability involve separate animi and were committed with different purposes. Therefore, the trial court properly imposed a separate sentence for each charge. Affirmed.
Court: Ohio Court Of Appeals, Judge: Welbaum, Filed On: May 26, 2023, Case #: 2023-Ohio-1765, Categories: Firearms, Sentencing
J. Skavdahl denies summary judgment to the Elk Mountain Ranch owner on his claim that the hunters are subject to civil liability for corner-hopping his private property to hunt big game on the public land of Elk Mountain in 2020 and 2021. There is presently no evidence that the hunters touched the surface of the Elk Mountain Ranch owner's private property during their corner-hops or that they physically damaged the property.
Court: USDC Wyoming, Judge: Skavdahl, Filed On: May 26, 2023, Case #: 2:22cv67, NOS: Other Statutory Actions - Other Suits, Categories: Property
J. Lewis finds the lower court properly upheld the Dayton Civil Service Board's termination of a police officer. Video evidence of him yelling at his girlfriend to "get your ass down here," which was corroborated by the two officers that responded to his call about a domestic violence incident, was sufficient to prove the officer, who made false statements, violated the Dayton Police rule of conduct that requires officers be truthful at all times. Affirmed.
Court: Ohio Court Of Appeals, Judge: Lewis, Filed On: May 26, 2023, Case #: 2023-Ohio-1767, Categories: Employment, Evidence
J. Self partially grants the companies' motion for unliquidated damages in a contractual indemnification action after the entry of a default judgment earlier this year in favor of the companies in the amount of $256,000. The companies are awarded $12,600 in attorney fees, $4,200 in pre-judgment interest and $800 in costs.
Court: USDC Middle District of Georgia, Judge: Self, Filed On: May 26, 2023, Case #: 5:23cv66, NOS: Other Contract - Contract, Categories: Damages, Attorney Fees
J. Brinkema grants the government's motion for summary judgment in a False Claims Act suit. The medical company, accused of lying to Medicare to receive extra reimbursements, failed to file an answer nor request additional time to retain counsel.
Court: USDC Eastern District of Virginia, Judge: Brinkema, Filed On: May 26, 2023, Case #: 1:22cv965, NOS: False Claims Act - Torts - Personal Injury, Categories: Health Care, Medicare, False Claims
J. Christensen finds in partial favor of the Forest Service Employees for Environmental Ethics’ in their lawsuit against the U.S. Forest Service for discharging aerially deployed fire retardant, on nearly 500 occasions between 2012 and 2019, into U.S. waters without a permit. The Forest Service is not enjoined from using aerial deployment of fire retardant to fight wildfires, but its discharges are still in violation of the Clean Water Act. The Forest Service is ordered to update the court every six months as it works towards obtaining the proper permit.
Court: USDC Montana, Judge: Christensen, Filed On: May 26, 2023, Case #: 9:22cv168, NOS: Environmental Matters - Other Suits, Categories: Environment, Water, Agency
J. Lobrano finds that the district court properly granted the Housing Authority's exception of no right of action and dismissed a Housing Authority police officer's claims related to his termination. The officer's claim that his rights under the Police Officer’s Bill of Rights were violated for the Housing Authority not notifying him of the minimum standards guaranteed a police officer during an investigation does not state a claim because, under Smith, the officer does not have a right of action under the Police Officer’s Bill of Rights. Further, the officer does not have a right of action to raise classified civil service claims under statute. Affirmed in part.
Court: Louisiana Court Of Appeal, Judge: Lobrano, Filed On: May 26, 2023, Case #: 2022-CA-0729, Categories: Employment, Contract
J. Orme finds the Standings and Training Council properly suspended the corrections officer’s certification for 3.5 years due to his admission that he masturbated in a staff restroom while on duty at a Utah Department of Corrections prison. Case law guiding on questions of right to privacy, as cited by the officer, does not provide constitutional protection for private masturbation by a public employee at work. Affirmed.
Court: Utah Court Of Appeals, Judge: Orme, Filed On: May 26, 2023, Case #: 20210217-CA, Categories: Administrative Law, Civil Rights, Police Misconduct
Per curiam, the appeals court finds the trial court properly determined defendant was given ineffective assistance of counsel in the form of legally incorrect advice which led him to reject a deal the state offered for a six-year prison term and instead proceed to trial, where he was found guilty and sentenced to 20 years. The remedy the lower court ordered granting defendant a new trial was incorrect, as Florida precedent holds that defendant should have at least been offered the same six-year deal he had previously been offered. The case is remanded for further proceedings taking into account the precedent and this opinion. Affirmed in part.
Court: Florida Courts Of Appeal, Judge: Per curiam, Filed On: May 26, 2023, Case #: 23-0054, Categories: Criminal Procedure, Ineffective Assistance, Conspiracy
Per curiam, the Nebraska Supreme Court accepts attorney Benjamin Maxell’s voluntary surrender of his law license and enters a judgment of disbarment. His license had been previously suspended for failure to report continuing legal education compliance. He failed to inform clients of this, then failed to deliver their file to them or other counsel. He stopped communicating with multiple clients and several grievances have been filed. He does not challenge the allegations, consents to disbarment and waives his right to notice, appearing or hearing.
Court: Nebraska Supreme Court, Judge: Per curiam, Filed On: May 26, 2023, Case #: S-22-195, Categories: Administrative Law, Attorney Discipline
J. Harris finds the trial court correctly denied the sand mine company's motion to dissolve a temporary injunction entered against it, but it incorrectly failed to follow Florida law and set an amount for bond funds agreed to by both parties to be held in case the company is found to have been wrongfully enjoined. The case is remanded back to the trial court to hold a hearing to figure out if the parties agreed to waive a bond or, if not, what a proper bond amount would be. Affirmed in part.
Court: Florida Courts Of Appeal, Judge: Harris, Filed On: May 26, 2023, Case #: 22-1201, Categories: Civil Procedure, Injunction
J. Tunheim grants summary judgment to the employer in the employee's suit alleging that it failed to accommodate her disability, namely narcolepsy, and retaliated against her for seeking accommodations. The employer's refusal to allow the employee to "flex" her time was not a failure to accommodate because the employee did not request the greater flexibility in start times she says she did not receive. It also did not constitute retaliation, nor do the denial of requests for training or her resignation.
Court: USDC Minnesota, Judge: Tunheim, Filed On: May 26, 2023, Case #: 0:20cv1511, NOS: Amer w/Disabilities-Employment - Civil Rights, Categories: Ada / Rehabilitation Act, Employment, Employment Retaliation