135 results for 'filedAt:"2023-07-07"'.
J. Pillard upholds the district court's dismissal of seven individuals' First Amendment claims arising from their arrest for breaking the mayor's curfew, which was instituted in response to riots, vandalism and looting following the death of George Floyd. The curfew order was a valid time, place and manner restriction. Affirmed.
Court: DC Circuit, Judge: Pillard, Filed On: July 7, 2023, Case #: 22-7047 , Categories: Civil Rights, First Amendment
J. Childs denies a mine operator's petition for review of the Secretary of Labor's determination regarding which history violations could be used when determining it owed more than $7,000 in penalties. The regulation regarding the history violation usage is ambiguous and the secretary's interpretation - that violations that become final during the 15-month look-back period will be included in an operator's violation history - is reasonable.
Court: DC Circuit, Judge: Childs, Filed On: July 7, 2023, Case #: 22-1143 , Categories: Administrative Law, Energy
J. Thirlwall finds a lower court properly dismissed a civilian's wrongful arrest claims against a police department. The civilian, a business owner, argued that police officers misled the court to obtain a search warrant of his business and home. However, the police department sufficiently showed in court that the warrant was based on allegations that the business owner was running an investment scheme. Affirmed.
Court: Her Majesty's Court of Appeal, Judge: Thirlwall, Filed On: July 7, 2023, Case #: CA-2021-3228, Categories: Contempt, Fraud
J. Bean finds a lower court properly ruled in favor of the secretary of state on a detainee's civil rights claims. The detainee, a native of Nigeria who was kidnapped by Nigerian agents, argued that he suffering inhumane treatment in jail while serving time on criminal charges. However, the secretary of state presented sufficient evidence in court that it is obligated to refrain on moving ahead until the Nigerian courts come to a conclusion. Affirmed.
Court: Her Majesty's Court of Appeal, Judge: Bean, Filed On: July 7, 2023, Case #: CA-2023-726, Categories: Civil Rights, Jurisdiction
J. Wilson finds a lower court properly ruled in favor of a landowner on claims that it holds a prescriptive easement on a neighbor's land. The neighbor argued that the landowner was not entitled to cross a boundary line between properties. However, the landowner presented sufficient evidence in court that he acquired the boundary line by adverse possession.
Court: Kansas Supreme Court, Judge: Wilson, Filed On: July 7, 2023, Case #: 123,823, Categories: Property
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J. Brailsford grants the government's motion to dismiss a citizen's allegations that the government unreasonably delayed processing her mother's visa application. The citizen's mother, a Mexican national, requested an expedited interview before her son turned 21, as he is an “immediate relative” and would be the beneficiary of the citizen's petition once her mother's visa application was approved. The citizen lacks Article III standing as she is not suffering from an injury-in-fact due to the alleged delay. The eleven month delay in processing the mother's visa application is not significant.
Court: USDC Idaho, Judge: Brailsford, Filed On: July 7, 2023, Case #: 1:22cv508, NOS: Other Immigration Actions - Immigration, Categories: Immigration
J. Groves denies in part an employer's motion for partial summary judgment regarding an employee's allegations of discrimination and retaliation. The employee alleges that after taking FMLA leave, she was demoted, then fired. A genuine dispute exists as to whether the employer willfully violated the employee's FMLA rights when it altered her job duties while she was on leave, therefore her FMLA claims are not time-barred.
Court: USDC Idaho, Judge: Groves, Filed On: July 7, 2023, Case #: 4:20cv420, NOS: Amer w/Disabilities-Employment - Civil Rights, Categories: Employment, Employment Discrimination
J. Green finds a lower court properly convicted a defendant for involuntary manslaughter after he engaged in a deadly beating of a man who died from his injuries. The defendant, a violent offender, argued that his conviction was not supported by evidence. However, the government presented sufficient evidence in court that a witness observed the defendant's victim "getting the shit beat out of him" and that defendant knocked him unconscious, which resulted in a fatal head injury. Affirmed.
Court: Kansas Courts Of Appeal, Judge: Green, Filed On: July 7, 2023, Case #: 124,775, Categories: Murder, Manslaughter, Witnesses
J. Northcutt finds that the circuit court properly ruled in claims seeking ad valorem tax exemptions for property the Tampa Port Authority leases to Gulf Marine Repair Corp because the port authority has not appealed on the merits and failed to demonstrate the existence of procedural issues.
Court: Florida Courts Of Appeal, Judge: Northcutt , Filed On: July 7, 2023, Case #: 2D20-2605, Categories: Civil Procedure, Property, Tax
J. Schostok finds that the lower court properly convicted defendant of domestic battery after barring him from introducing evidence of the victim's mental health as it related to her credibility. The court correctly sustained the state's objection to questions about whether the victim's lithium prescription acted as a mood stabilizer, and whether she had been diagnosed with bipolar disorder, as those questions do not relate to the victim's ability to perceive reality. Affirmed.
Court: Illinois Appellate Court, Judge: Schostok, Filed On: July 7, 2023, Case #: 210110, Categories: Domestic Violence
J. St. Eve finds that the lower court improperly considered defendant's habeas petition on the merits when precedent holds that federal courts lack jurisdiction to consider habeas petitions filed by federal prisoners asserting an intervening change in statutory interpretation in an attempt to circumvent the restrictions on successive petitions. Vacated.
Court: 7th Circuit, Judge: St. Eve, Filed On: July 7, 2023, Case #: 22-2182, Categories: Criminal Procedure, Habeas
J. Rosenbaum finds that the district court improperly ruled in favor of the waterpark operator in an action brought by the guest alleging that the waterpark violated the ADA and the Florida Civil Rights Act by imposing discriminatory eligibility criteria for riding a waterslide. The guest was told he could not ride a waterslide because he was born with only one hand. Florida law requires the operator to abide by the waterslide manufacturer's ridership eligibility criteria, which says the guest cannot get on the ride because he does not have two grasping, natural hands. However, the waterpark operator's compliance with Florida law does not qualify as "necessary" under the ADA and did not relieve it of its obligation to follow the ADA. Vacated.
Court: 11th Circuit, Judge: Rosenbaum, Filed On: July 7, 2023, Case #: 22-10646, Categories: Ada / Rehabilitation Act
J. Caproni finds for the U.S. on a couple's claims stemming from an incident where a military working dog inspecting a truck for explosives near Trump Tower in Manhattan bit the wife as she cycled past. There is no remedy for the Secret Service's failure to retire the dog, even though his handler reported the dog showed aggressive tendencies. New York law does not recognize a valid negligence claim stemming from an animal owner's negligence.
Court: USDC Southern District of New York, Judge: Caproni, Filed On: July 7, 2023, Case #: 1:21cv7099, NOS: Other Personal Injury - Torts - Personal Injury, Categories: Tort, Negligence
J. Wang grants the motion by Dominion Voting Systems's former director of product strategy and security for leave to file a second amended complaint in a defamation, emotional distress and conspiracy action against MyPillow CEO Mike Lindell and the social media platform Frankspeech arising from their promotion of election fraud conspiracy theories. The action may be amended to include a demand for exemplary damages because the former director alleged sufficient facts to show that Lindell and Frankspeech acted with actual malice by continuing to publish statements about his alleged role in election fraud without regard to the facts.
Court: USDC Colorado, Judge: Wang, Filed On: July 7, 2023, Case #: 1:22cv1129, NOS: Assault, Libel, & Slander - Torts - Personal Injury, Categories: Damages, Defamation, Emotional Distress
J. Berton denies a motion for sanctions brought by a consumer in a personal injury case against Lowe’s. While the consumer now argues that he was prejudiced by discovery delays on the part of Lowe’s, this argument makes “little to no sense,” as the parties mutually agreed to extend discovery deadlines.
Court: USDC Western District of Texas , Judge: Berton, Filed On: July 7, 2023, Case #: 3:22cv296, NOS: Other Personal Injury - Torts - Personal Injury, Categories: Sanctions, Tort, Discovery
J. Brennan finds that the lower court properly rejected an inmate's challenge to the revocation of his 5,700 days of good time credit following his assault of a prison guard. The inmate procedurally defaulted his constitutional claims by failing to raise them in the prison administrative proceeding and failing to bring them before the district court. Affirmed.
Court: 7th Circuit, Judge: Brennan, Filed On: July 7, 2023, Case #: 21-2406, Categories: Constitution, Prisoners' Rights
Per curiam, the Fifth Circuit dismisses the Honduran citizen’s petition for cancellation of removal. He was found removable due to his bad moral character, evinced by 12 years of misrepresenting his identity to government agencies. Federal law “precludes judicial review of factual findings that underlie a denial of relief.” The Fifth Circuit cannot review the district court’s finding about defendant’s moral character.
Court: 5th Circuit, Judge: Per curiam, Filed On: July 7, 2023, Case #: 21-60956, Categories: Fraud, Immigration
J. Jones finds that the trial court improperly ruled in favor of the manufacturer and the supplier in a negligence and product liability action brought by the widower following the decedent's death from mesothelioma. The widower claimed the decedent's mesothelioma diagnosis stemmed from exposure to asbestos on her father's clothes while he worked for the manufacturer and from her three-month employment with the supplier. The trial court incorrectly characterized the decedent's father as a mere bystander because there was evidence he was often exposed to asbestos and there was foreseeable risk to household members who encountered contaminated work clothes. The trial court also incorrectly excluded the widower's expert's opinions. However, the trial court correctly denied the manufacturer's motion to dismiss the widower's claims as barred by the exclusivity provision of the Workers' Compensation Act.
Court: Kentucky Court Of Appeals, Judge: Jones, Filed On: July 7, 2023, Case #: 2022-CA-0184, Categories: Negligence, Product Liability
J. Smith finds the trial court properly and improperly ruled in a breach of contract case following a dispute over the sale of property by Woodhull Ventures to Megatel Homes. Megatel failed to establish that Woodhull breached the contract to transfer the property. However, the trial court abused its discretion in finding Megatel was not entitled to the award of attorney fees. Affirmed in part.
Court: Texas Courts of Appeals, Judge: Smith, Filed On: July 7, 2023, Case #: 03-21-00390-CV, Categories: Property, Attorney Fees, Contract
J. Jolivette Brown grants a request by a passenger on a fishing vessel to split trial proceedings of his personal injury claims against the owners of three vessels, arising from the boat’s collision with a pipe being towed in an inland waterway of coastal waterway. Bifurcation of the limitation and damages phases of the consolidated cases is proper. That way, if the litigant claims in the limitation is denied he can return to state court to seek damages. Separating the issues of liability and damages would expedite and economize the limitation proceeding, which is aimed at determining whether the litigant’s claims were caused by the negligence of the vessels’ owners or the unseaworthiness of the vessels involved.
Court: USDC Eastern District of Louisiana , Judge: Jolivette Brown, Filed On: July 7, 2023, Case #: 2:22cv4535, NOS: Other Personal Property Damage - Torts - Personal Property, Categories: Admiralty, Tort, Damages
J. Rovner finds that the SSA properly denied the woman's application for disability benefits, finding that she could still perform work in the economy despite her bipolar disorder, chronic panic attacks, back pain, asthma, and more. The administrative judge's opinion meticulously discussed each of the 17 medical provider's who offered opinions on the woman's condition and abilities, and appeals court must give great deference to the administrative judge's findings. Affirmed.
Court: 7th Circuit, Judge: Rovner, Filed On: July 7, 2023, Case #: 22-3097, Categories: Social Security
J. Sykes finds that the lower court properly denied defendant's successive habeas petition. Under this year's Supreme Court ruling in Jones v. Hendrix, a defendant cannot bring a statutory claim in a habeas petition via the savings clause. Affirmed.
Court: 7th Circuit, Judge: Sykes, Filed On: July 7, 2023, Case #: 19-2504, Categories: Prisoners' Rights
J. Mize grants a petition for writ of certiorari and quashes the trial court's order granting a motion to stay in an individual's suit alleging a trustee is tortiously interfering with an expected inheritance. The current lawsuit shall proceed, as it does not involve the same causes of action as the prior lawsuit.
Court: Florida Courts Of Appeal, Judge: Mize, Filed On: July 7, 2023, Case #: 6D23-2184, Categories: Civil Procedure, Trusts