209 results for 'filedAt:"2023-07-13"'.
J. Cruz finds a lower court improperly denied a proposed marijuana dispensary's motion to unseal documents submitted to the Arizona Department of Health Services. The health services argued that it properly granted a medical marijuana dispensary registration to a third party, and that it was not obligated to provide the proposed dispensary with confidential documents. However, the court has special action jurisdiction to view certain confidential documents that are not exempt under Arizona Public Records rules. Remanded in part.
Court: Arizona Court Of Appeals Division One, Judge: Cruz, Filed On: July 13, 2023, Case #: 1 CA-SA 23-66, Categories: Administrative Law, Health Care, Discovery
J. Kiley finds a lower court improperly granted a defendant's motion for incompetency. The defendant argued that he was deemed incompetent to stand trial on murder charges. However, the State presented sufficient evidence in court that it is entitled to refile charges against the defendant after he failed to present evidence that he experienced a "change in competency." Vacated.
Court: Arizona Court Of Appeals Division One, Judge: Kiley, Filed On: July 13, 2023, Case #: 1 CA-SA 23-98, Categories: Competence, Murder
J. Rivas-Molloy finds the lower court properly granted summary judgment to a convenience store and a maintenance company in this matter concerning a slip and fall on store premises. A customer slipped and fell on an ADA ramp while leaving the store, and claims the stain used on the ramp became slippery when wet, posing a danger to her and other customers. The customer failed to present sufficient evidence to support her claim that the stain was the cause of her slip and fall, and failed to show the convenience store and/or the maintenance company knew or should have known of such a hazard and failed to correct or warn customers. Affirmed.
Court: Texas Courts of Appeals, Judge: Rivas-Molloy, Filed On: July 13, 2023, Case #: 01-21-00512-CV, Categories: Tort, Negligence
J. Jewell finds that the trial court partly erred in granting turnover relief and appointing a receiver to collect a judgment from the debtor who was involved in a pump-and-dump scheme. The turnover order should not apply to the debtor's car because it is exempt personal property or his interests in certain limited liability companies since turnover relief is not appropriate in this case. Also, evidence did not show that the 25% receiver's fee was reasonable. Reversed in part.
Court: Texas Courts of Appeals, Judge: Jewell, Filed On: July 13, 2023, Case #: 14-22-00547-CV, Categories: Civil Procedure, Debt Collection, Evidence
J. Zimmerer finds that the trial court properly terminated the mother's parental rights to her three children based on sufficient evidence in support of the findings for endangering conduct and the children's best interest. The mother "did not consistently comply with drug testing" during the case, did not properly address her mental health issues, and failed to show she could provide the children a stable and safe environment. Affirmed.
Court: Texas Courts of Appeals, Judge: Zimmerer, Filed On: July 13, 2023, Case #: 14-23-00119-CV, Categories: Evidence, Family Law
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J. Eckerstrom finds a lower court properly convicted a defendant for sexually abusing a minor. The defendant argued that the State erred in allowing a biased juror to participate at trial. However, the juror in question, a retired FBI agent who surveilled alleged pedophiles as a part of his job, presented sufficient evidence in court that he could be "fair and impartial." Affirmed.
Court: Arizona Court Of Appeals Division Two, Judge: Eckerstrom, Filed On: July 13, 2023, Case #: 2 CA-CR 2022-62, Categories: Jury, Child Victims
J. Branch finds the lower court properly denied defendant’s motion to vacate his sentence. The “predicate offenses in this case were so inextricably intertwined that there is no doubt that the jury convicted” defendant based upon both of the valid drug trafficking predicate offenses. Affirmed.
Court: 11th Circuit, Judge: Branch, Filed On: July 13, 2023, Case #: 20-13260, Categories: Drug Offender, Sentencing
[Consolidated.] J. Hull finds that defendant was properly convicted of sex trafficking charges. There was “ample” evidence supporting his coercion conviction and defendant has not shown that any error in the government’s amended notice of its expert testimony prejudiced him on that conviction. Affirmed.
Court: 11th Circuit, Judge: Hull, Filed On: July 13, 2023, Case #: 22-10164, Categories: Evidence, Sex Offender
J. Shepherd finds a lower court properly denied a native of Mexico's petition for review to remain in the U.S. The defendant argued that he is entitled to relief based on the violence he would face at the hands of an organized crime ring for his former membership in a Mexican paramilitary group. However, the defendant unlawfully entered the U.S. and obtained a false driver's license, and then failed to show up in court for removability proceedings. Affirmed.
Court: 8th Circuit, Judge: Shepherd, Filed On: July 13, 2023, Case #: 22-1334, Categories: Fraud, Immigration
J. Shepherd finds a lower court properly granted summary judgment to an insurance company on a church's request for coverage. The church argued that the insurance company was obligated to cover costs to repair its building following massive storm. However, the insurance company sufficiently showed in court that the church was not entitled to coverage based on a failure to comply with a cooperation clause listed in its policy. Affirmed.
Court: 8th Circuit, Judge: Shepherd, Filed On: July 13, 2023, Case #: 22-1109, Categories: Insurance, Property, Contract
J. Erickson finds a lower court improperly ruled in favor of a police officer on a civilian's civil rights claims. The police officer argued that he was entitled to qualified immunity when he shot and killed the civilian's son. However, the police officer continued using excessive force after her son dropped his knife and fell to the ground. Reversed.
Court: 8th Circuit, Judge: Erickson, Filed On: July 13, 2023, Case #: 22-3157, Categories: Civil Rights, Constitution
J. Bassett finds that the lower court did not err in ordering the defendant to be involuntarily admitted to the Secure Psychiatric Unit (SPU) of the state prison for three years with a conditional discharge if clinically appropriate. Even if her past attempts at harming others were unsuccessful, she has established that she poses a high likelihood of being dangerous to others in the future, because in the past she created explosive devices and put them in people’s cars and attempted to enter the house of someone she was not allowed to contact as a condition of her bail equipped with hypodermic needles, OxyContin, pliers, a screwdriver and a boxcutter.
Court: New Hampshire Supreme Court, Judge: Bassett, Filed On: July 13, 2023, Case #: 2021-0525, Categories: Commitment
J. Burroughs remands to state court a class action against a health care organization for allegedly sharing patients’ private data with third parties such as Facebook and Google without patients’ consent, because the health care organization’s alleged conduct was not an example of it acting under a federal authority, was not related to a federal office and “cannot raise a colorable federal offense.”
Court: USDC Massachusetts, Judge: Burroughs, Filed On: July 13, 2023, Case #: 4:23cv10113, NOS: Civil Rights - Habeas Corpus, Categories: Health Care, Privacy, Class Action
J. Bassett supports a finding of delinquency against a juvenile defendant for harassment. Even though the defendant and victim only had one encounter, the defendant repeatedly swore at the victim with the intent to annoy or alarm him and sent him over 22 messages within a four-minute span. Even though the communications were over the course of one in-person interaction, that does not prevent the communications from being considered repeated. Affirmed.
Court: New Hampshire Supreme Court, Judge: Bassett, Filed On: July 13, 2023, Case #: 2021-0560, Categories: Juvenile Law, Harassment
J. Greer finds that parents' visitation rights were improperly increased following removal of their children because both children had been taken to the emergency room for serious injuries the parents failed to explain. Reversed.
Court: Iowa Court Of Appeals, Judge: Greer, Filed On: July 13, 2023, Case #: 23-0814, Categories: Family Law
J. Kloppenburg finds the police officer unconstitutionally seized defendant at his home without a warrant while investigating whether he was responsible for a nearby hit-and-run accident. The officer unlawfully seized defendant without probable cause when he refused to stop questioning him at his doorway after defendant told him he wanted to stop the interview and commanded defendant to accompany him to the scene of the accident so a witness could identify him, after which defendant was driven home, handcuffed and subjected to a warranted blood draw that found him to be intoxicated. Defendant is entitled to suppression of all evidence stemming from his unlawful seizure, including every statement he made after the officer refused to stop questioning him, the witness's identification of him both at the scene of the accident and in court, and the results of the blood draw. The circuit court's denial of defendant's motion to suppress and judgment of conviction are overturned, and the case is remanded for further proceedings. Reversed.
Court: Wisconsin Court of Appeals, Judge: Kloppenburg, Filed On: July 13, 2023, Case #: 2022AP000450-CR, Categories: Constitution, Search, Dui
J. Lynch finds that the lower court improperly dismissed medical malpractice and wrongful death claims stemming from complications following surgery for gallstone pancreatitis. Testimony in which an expert for the decedent suggested that a worrisome level of oxygen saturation indicated an earlier need for post-surgical intubation should not have been dismissed as speculative or conclusory. Reversed.
Court: New York Appellate Divisions, Judge: Lynch, Filed On: July 13, 2023, Case #: 535338, Categories: Experts, Wrongful Death, Medical Malpractice
J. Blake denies a hip replacement manufacturer its motion for summary judgment following hundreds of suits from patients who developed medical complications from flaws in the replacements. Specifically, the metal femur heads would grind against the metal sockets and flake in patients’ bodies, causing pain, metallosis and other conditions requiring corrective surgeries or replacing the product altogether. The patients have provided enough evidence to show that the manufacturer was aware of the defects and chose not to make patients aware.
Court: USDC Maryland, Judge: Blake, Filed On: July 13, 2023, Case #: 1:17cv1040, NOS: Personal Injury - Health Care/Pharmaceutical Personal Injury/Product Liability - Torts - Personal Injury, Categories: Negligence, Product Liability
J. Bell grants, in part, Honeywell International's motions in limine in its contract case against an electronics company. Testimony from the company's expert pertaining to the fact he believed certain patents had been withdrawn must be excluded, as he was not allowed to explain why he believed this due to attorney-client privilege.
Court: USDC Western District of North Carolina, Judge: Bell, Filed On: July 13, 2023, Case #: 3:21CV506, NOS: Other Contract - Contract, Categories: Patent, Experts
J. St. Eve finds that the lower court properly found for the Catholic school on discrimination claims stemming from its firing of guidance counselor for marrying another woman. The counselor clearly worked in a ministerial role, sharing her own spiritual experiences and conveying religious teachings to young people seeking direction. Therefore, the misterial exception bars this suit. Affirmed.
Court: 7th Circuit, Judge: St. Eve, Filed On: July 13, 2023, Case #: 22-2954, Categories: Employment Discrimination, First Amendment
J. Jacobs finds that the district court improperly dismissed a "citizen suit" contending that years of toxic byproduct disposal by three big chemical companies elevated radiation levels on private land near their plants. The court prematurely concluded the waste did not constitute discarded material subject to environment rules but material that had been recycled into other uses, such as gravel, an issue that merits discovery as against Union Carbide and Occidental Chemical; liability is tenuous, however, as against Bayer CropScience.
Court: 2nd Circuit, Judge: Jacobs, Filed On: July 13, 2023, Case #: 21-1354, Categories: Environment, Negligence, Discovery
J. Baker finds that the trial court properly ruled in favor of the Texas Attorney General in a public information case concerning the cell phone records belonging to members of a school district’s board of trustees. Official school district business conducted over cell phone communication is subject to the Texas Public Information act and must be released. Affirmed.
Court: Texas Courts of Appeals, Judge: Baker, Filed On: July 13, 2023, Case #: 03-22-00052-CV, Categories: Communications, Government, Public Record
J. Bower finds that defendant was properly convicted of harassment because sexual intent was proven by the fact that he posted a video of himself having sex with his ex-girlfriend online, without consent. Affirmed.
Court: Iowa Court Of Appeals, Judge: Bower, Filed On: July 13, 2023, Case #: 22-0903, Categories: Evidence, Harassment
[Modified.] J. Meehan fixes a couple typos and modifies a footnote with no change in judgment. Defendant is entitled to resentencing on attempted murder, assault and other charges due to changes to the Determinate Sentencing Law that limit trial court discretion to impose an upper term. Resentencing is required unless the upper term remains valid under federal and state law and the trial court would have imposed the upper term sentences under the new law. Vacated in part.
Court: California Courts Of Appeal, Judge: Meehan, Filed On: July 13, 2023, Case #: F083577, Categories: Murder, Sentencing
J. O'Brien finds the trial court improperly denied the law firm’s motion for summary judgment in this dispute over referral fees paid between two law firms. The Michigan Supreme Court previously remanded an appeal from this case to the trial court, which erroneously took this to mean it was required to hold a trial and could not hear motions for summary disposition. When an appellate court orders a new trial, it includes all phases of trial, including pretrial matters such as motions for summary disposition. Vacated and remanded.
Court: Michigan Court of Appeals, Judge: O’Brien , Filed On: July 13, 2023, Case #: 360582, Categories: Due Process, Attorney Fees