129 results for 'filedAt:"2023-06-02"'.
J. Winmill finds that the Bureau of Land Management failed to adequately look at the impact of a new open-pit phosphate mine project on the sage-grouse. Environmental groups challenged the Bureau of Land Management’s Final Environmental Impact Statement and Record of Decision which approved a new open-pit phosphate mine. The Record of Decision is vacated.
Court: USDC Idaho, Judge: Winmill, Filed On: June 2, 2023, Case #: 4:21cv182, NOS: Environmental Matters - Other Suits, Categories: Environment
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J. Randolph upholds defendant's 18-year sentence for his firearm conviction. Defendant fails to show the district court improperly relied on an invalidated clause within the Armed Career Criminal Act when it sentenced him. Affirmed.
Court: DC Circuit, Judge: Randolph, Filed On: June 2, 2023, Case #: 18-3063, Categories: Firearms, Sentencing
J. Hillman vacates default judgment entered in an insurer's claims seeking interpleader to determine whether the remainder of a life policy should be paid out because the policy names several potential beneficiaries and may be ambiguous regarding the son's potential share due to his involvement in the policyholder's murder.
Court: USDC New Jersey, Judge: Hillman , Filed On: June 2, 2023, Case #: 1:20cv13115, NOS: Insurance - Contract, Categories: Insurance
Per curiam, the Wisconsin Supreme Court finds the court of appeals incorrectly upheld the circuit court's order calling for involuntary medication to restore defendant's competency. Because the state concedes it did not meet its burden under U.S. Supreme Court precedent controlling the narrow circumstances in which a lower court can order involuntary medication to make a defendant competent for trial, the court of appeals' ruling is overturned, and the case is remanded. Reversed.
Court: Wisconsin Supreme Court, Judge: Per curiam, Filed On: June 2, 2023, Case #: 2020AP819-CR, Categories: Competence, Assault, Due Process
[Modified.] J. Moore alters one sentence in a murder case opinion with no change in judgment. The DNA evidence collected from the scene of a 1980 rape and murder, along with the opinion of the investigator that defendant was the likely killer, provided a New Mexico court with a reasonable basis for a warrant to search his trash. Also, the state's closing argument gave an accurate description of the burden of proof, so counsel was not ineffective for deciding not to lodge an objection. Affirmed.
Court: California Courts Of Appeal, Judge: Moore, Filed On: June 2, 2023, Case #: G061393, Categories: Dna, Murder, Search
J. Johnson affirms the trial court’s no-jury conviction of the defendant for one count of attempted murder, after the shooting of two men on a party bus. His 31-year prison sentence is remanded for resentencing. The trial court acquitted the defendant of attempted murder in the shooting of the first man, who remained in a hospital on life support. Defendant was convicted as charged in the shooting of the second victim, who still had a bullet lodged under his heart. Defendant correctly argued that his counsel was ineffective for failing to argue for a sentence reduction. Remanded for resentencing.
Court: Illinois Appellate Court, Judge: Johnson, Filed On: June 2, 2023, Case #: 220296, Categories: Firearms, Intent, Sentencing
J. Brennan affirms a district court’s rejection of a defendant’s challenge to the government’s plan to use his $75,000 settlement of a health claim against the federal prison where he was incarcerated for bank fraud. Federal law authorizes the government to offset the settlement funds against a nearly $1.5 million restitution debt, money which the government then forwards to victims of crimes by the defendant and an accomplice. The defendant’s restitution has been past due since his sentencing. Affirmed.
Court: 7th Circuit, Judge: Brennan, Filed On: June 2, 2023, Case #: 22-2003, Categories: Fraud, Restitution, Accomplice Liability
Per curiam, the appeals court finds the trial court improperly denied the logistics provider's motion to amend its complaint against two of its former employees alleging tortious interference, breaches of the duty of loyalty and civil conspiracy to seek punitive damages. The logistics provider has made a "reasonable showing" of a "reasonable basis" for punitive damages, including by providing emails and text messages allegedly showing the two former employees conspiring with a competitor to solicit the provider's employees and to secretly take over one of the provider's offices for the competitor's benefit. Reversed.
Court: Florida Courts Of Appeal, Judge: Per curiam, Filed On: June 2, 2023, Case #: 23-0235, Categories: Tort, Damages, Interference With Contract
J. Kays grants the employer's motion to dismiss a defamation, conversion and breach of contract action brought by the former employee. The employee failed to sufficiently allege that the employer intentionally interfered with any business expectancy or that any defamatory statements existed. The allegedly defamatory statements that the employee is "nothing but trouble" cannot reasonably be interpreted as asserting objective facts which can be proven false. The employee's action also fails to identify any contractual provisions allegedly breached by the employer.
Court: USDC Western District of Missouri, Judge: Kays, Filed On: June 2, 2023, Case #: 4:23cv6, NOS: Other Contract - Contract, Categories: Defamation, Conversion, Contract
J. Russo finds in favor of the senior housing and memory care facility on the former supervisor's claim that its executive director fired her because of her Spondylolisthesis, a spinal disorder in which misaligned vertebra cause pain. The decision to fire the supervisor was singularly the facility executive director's decision, which was based on information that was independently corroborated by third parties. The fact that the director was the one who directly hired the supervisor despite already knowing about her back impairment "strongly undermines any inference of discriminatory animus toward plaintiff based on her disability."
Court: USDC Oregon, Judge: Russo, Filed On: June 2, 2023, Case #: 3:22cv465, NOS: Employment - Civil Rights, Categories: Employment, Employment Discrimination
J. Mathis finds the lower court properly granted the school's motion for summary judgment on free speech claims filed by the student who created a fake Instagram account of one of his teachers. Although administrators cannot control out-of-school speech to the same degree as in-school speech, the severe harassment of the teacher on the account, including vulgar and sexually explicit posts, fell within the administrators' purview. Meanwhile, the school handbook rule that prohibits gross misbehavior was properly applied by administrators and is not unconstitutionally vague because the terms are easily defined, and would be understood by students and their parents. Affirmed.
Court: 6th Circuit, Judge: Mathis, Filed On: June 2, 2023, Case #: 22-1748, Categories: Education, Due Process, First Amendment
J. Miller-Lerman finds the district court improperly dismissed the ex-wife’s motion to modify alimony. The ex-husband had accepted a veteran’s disability pension which allowed the wife to modify alimony because his acceptance reduced his benefits, and therefore the value of her share. The district court, thinking it was being asked to divide the benefits, concluded that it lacked subject matter jurisdiction as preempted by federal law. The motion sought merely to modify alimony based on a reduction in the pension, and the court had jurisdiction to do this. Reversed and remanded.
Court: Nebraska Supreme Court, Judge: Miller-Lerman, Filed On: June 2, 2023, Case #: S-22-066, Categories: Family Law, Jurisdiction, Contract
J. Clark finds the lower court properly granted the father's motion for temporary custody of the couple's child because an affidavit from the guardian ad litem about the mother's excessive intoxication in front of the child was sufficient to prove the mother was an immediate danger to the children's mental and physical well-being. However, the court improperly delegated its judicial authority to the father when it allowed him and the child's therapist to modify the mother's visitation depending on her future behavior; therefore, the case will be remanded to allow the court to properly allocate visitation rights. Affirmed in part.
Court: Connecticut Court Of Appeals, Judge: Clark, Filed On: June 2, 2023, Case #: AC45186, Categories: Evidence, Family Law, Judiciary
[Consolidated.] J. McNeill finds that defendant was properly convicted of four counts of first-degree bail jumping and sentenced to 10 years of imprisonment. Defendant contends that multiple bail jumping convictions based on a single missed court appearance violated double jeopardy, but the unit of prosecution is each charge for which a defendant fails to appear, not the number of missed court appearances. Affirmed.
Court: Kentucky Court Of Appeals, Judge: McNeill, Filed On: June 2, 2023, Case #: 2021-CA-0490-MR, Categories: Sentencing, Double Jeopardy, Bail
J. Albrecht affirms the trial court’s conviction of the defendant sentenced to 25 years in prison for the violent carjacking of a woman with two kids at a Shell gas station, dismissing defendant’s challenge that there was insufficient evidence to support the aggravating that there was a 15-year-old passenger in the blue Nissan at the time of the offense. Any rational trier of fact could have found that the essential elements of the offense were proven beyond a reasonable doubt. While it is true that the evidence reflects no passengers were inside the vehicle by the time defendant sped off, this is not the determinative time frame for when the offense commenced.
Court: Illinois Appellate Court, Judge: Albrecht, Filed On: June 2, 2023, Case #: 22-0191, Categories: Jury, Theft, Vehicle
J. Christiansen Forster finds that defendant failed to meet her burden to show that the trial court's admission of other-acts evidence resulted in any prejudice in the jury's conclusion that she violated a civil stalking injunction. However, her waiver of counsel at sentencing was not knowingly and intelligently made, as the trial court failed to hold an adequate colloquy. Vacated in part.
Court: Utah Court Of Appeals, Judge: Christiansen Forster, Filed On: June 2, 2023, Case #: 20210335-CA, Categories: Evidence, Harassment
J. Waples finds the trial court properly granted summary judgment in an employment discrimination and retaliation suit brought by an African American employee after their termination. The employee did not give enough evidence to create a genuine issue of fact as to any of their claims. Affirmed.
Court: Vermont Supreme Court, Judge: Waples, Filed On: June 2, 2023, Case #: 22-AP-197, Categories: Civil Procedure, Employment Retaliation
J. Najam finds that the trial court improperly ruled in claims seeking excess medical malpractice damages from the state patient's compensation fund because the fund is not required to intervene in settlement negotiations between claimants and providers. In addition, the underlying sexual assault claims do not meet the definition of medical malpractice. Reversed.
Court: Indiana Court Of Appeals, Judge: Najam, Filed On: June 2, 2023, Case #: 22A-CT-1276, Categories: Civil Procedure, Settlements, Medical Malpractice