217 results for 'filedAt:"2023-08-09"'.
J. Osterhaus finds that the trial court properly ruled for a web-based company in claims challenging a memo in which the department of health warned local medical marijuana providers against contracting with the website for order hosting. The memo constituted a "rule," and the order hosting company established standing. Affirmed.
Court: Florida Courts Of Appeal, Judge: Osterhaus , Filed On: August 9, 2023, Case #: 1D21-3501, Categories: Jurisdiction, Contract
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J. Olson finds that the lower court properly denied the Cheesecake Factory’s motion to vacate an arbitration award and granting an employee’s petition to confirm an arbitration award offered in light of her being sexually assaulted by another employee. The restaurant previously agreed to have the terms of the arbitration exclusively determined by the arbitrator. Affirmed.
Court: Pennsylvania Superior Court, Judge: Olson, Filed On: August 9, 2023, Case #: J-S45002-22, Categories: Arbitration, Civil Rights, Settlements
[Consolidated.] J. DuBow finds that the lower court improperly terminated a mother and father’s parental rights to their three children under 12 years old. The social services agency failed to prove by clear evidence that the poor housing conditions that led to the removal of the children continues to exist. Reversed.
Court: Pennsylvania Superior Court, Judge: J. DuBow, Filed On: August 9, 2023, Case #: J-A04008-23, Categories: Civil Procedure, Guardianship
J. Kobes finds a lower court properly denied a defendant's motion to withdraw a guilty plea for being a felon in possession of a firearm. The defendant argued that he is entitled to relief after the government found that the detective that testified at his suppression of evidence proceedings was facing an indictment for criminal on duty shootings. However, the government sufficiently showed in court that the defendant's claims fell short of adequate reasoning to withdrawal. Affirmed.
Court: 8th Circuit, Judge: Kobes, Filed On: August 9, 2023, Case #: 22-2120, Categories: Evidence, Firearms
J. Colloton finds a lower court properly convicted a defendant on charges of sex trafficking. The defendant, who booked sex work services online with random men, argued that he did not misrepresent the amount of money two young girls would amass after pocketing 80 percent of their revenues. However, the government presented sufficient evidence in court that he fraudulently induced them to participate in sex work by promising large profits, which he would use for legitimate purchases. Affirmed.
Court: 8th Circuit, Judge: Colloton, Filed On: August 9, 2023, Case #: 22-2602, Categories: Sentencing, Prostitution
J. McClarty finds the lower court properly found a wife guilty of indirect criminal contempt for violating a trial court’s restraining order prohibiting her from making allegations against the husband using any public platform. Despite the injunction, she participated in an interview with a local newspaper that published an article about the divorce and her allegations of domestic assault against the husband. But the lower court improperly found her guilty of indirect criminal contempt for a Facebook post she was ordered to take down then modified and reposted, because the husband’s petition only referenced the newspaper article. The matter is remanded to the lower court to determine appropriate punishment. Reversed in part.
Court: Tennessee Court of Appeals, Judge: McClarty, Filed On: August 9, 2023, Case #: W2021-01288-COA-R3-CV, Categories: Restraining Order, Contempt
Per curiam, the court of appeals finds that a father's parental rights were properly terminated because he threatened to sue or kill service providers, and a test revealed he was not the biological father. Affirmed.
Court: Iowa Court Of Appeals, Judge: Per curiam, Filed On: August 9, 2023, Case #: 23-0489, Categories: Family Law
J. Blane finds that defendant was properly denied acquittal after he threatened to shoot police in a standoff and headbutted an officer in jail. Defendant contends he did not knowingly impede officers who were attempting to serve him with an arrest warrant, but he had placed guns all throughout his house and shot them when officers approached. Affirmed.
Court: Iowa Court Of Appeals, Judge: Blane, Filed On: August 9, 2023, Case #: 22-1305, Categories: Sentencing, Assault
J. Greer finds that a father's parental rights were improperly terminated because evidence did not indicate he abandoned his child. The father had been denied visitation while incarcerated and maintained phone communication. Reversed.
Court: Iowa Court Of Appeals, Judge: Greer, Filed On: August 9, 2023, Case #: 23-0315, Categories: Family Law
J. Windhorst finds that the trial court improperly sentenced defendant to 16 years imprisonment at hard labor for distribution of methamphetamine. The trial court incorrectly deviated from the 20-year mandatory minimum sentence for a fourth-felony offender. The reasons given by the trial court for finding defendant exceptional based on his age, military history, cooperative behavior during incarceration and other factors are insufficient to warrant the downward deviation from the mandatory minimum sentence. Vacated.
Court: Louisiana Court Of Appeal, Judge: Windhorst, Filed On: August 9, 2023, Case #: 22-KH-300, Categories: Drug Offender, Sentencing
J. Royal grants the city's and officials' motion to dismiss a civil rights action brought by the individual alleging that she was wrongfully arrested after getting caught in a city park after dark. The individual was not charged with any crime and the officer let her go when her father arrived to pick her up. The officer had arguable probable cause to arrest the individual for obstructing his investigation of suspected criminal activity in the park and is therefore entitled to qualified immunity. The individual failed to allege that any unconstitutional policy or custom of the city's caused the alleged violation of her rights.
Court: USDC Middle District of Georgia, Judge: Royal, Filed On: August 9, 2023, Case #: 3:22cv109, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights
J. Ellender finds that the trial court properly sentenced defendant to two consecutive 13-year hard labor sentences for his aggravated criminal damage to property convictions. The sentences are not unconstitutionally excessive. Defendant engaged in a shooting spree which put multiple lives in danger, including the life of his own one-year-old child. The trial court correctly considered the sentencing guidelines and was permitted to consider the fact that defendant was also charged with attempted second degree murder. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Ellender, Filed On: August 9, 2023, Case #: 55,241-KA, Categories: Sentencing, Property Crimes
J. Zayas finds that while the jury found defendant not guilty of the firearm specifications within the attempted murder charge, the trial court properly denied defendant's motion to set aside the attempted murder conviction. Testimony he was hired to commit the murder alongside several others and evidence he burned his clothing after the crime was sufficient to support the conviction. While the guilty verdict may have been somewhat inconsistent, given the victim died from a gunshot wound and defendant was found to not have been in possession of a weapon, the inconsistency can be explained by compromise or leniency on the part of the jury. Affirmed.
Court: Ohio Court Of Appeals, Judge: Zayas, Filed On: August 9, 2023, Case #: 2023-Ohio-2742, Categories: Firearms, Jury, Murder
J. Stratton finds that the trial court properly dismissed a U.S. company's allegations that a French company low-balled the auction price of a portfolio of patents created by the U.S. company as time-barred. The demurrer was supported by the U.S. company's failure to show that it acted in good faith in French litigation over the patents that began in 2009. But the U.S. company may amend its complaint because its argument that a 2012 discovery proceeding in a French court supports an equitable tolling claim. Reversed.
Court: California Courts Of Appeal, Judge: Stratton, Filed On: August 9, 2023, Case #: B319338, Categories: Civil Procedure, Patent, Discovery
J. Sabraw rules that a consumer may pursue some claims against Wells Fargo for allegedly failing to prevent an unknown person from accessing his bank account and funneling over $5,000 of funds that the culprit used to make purchases. The consumer's California Consumer Privacy Act claim can move forward based on his allegations that he suffered unauthorized access and disclosure of his personal information. The consumer's negligence claim based on his loss of time and emotional distress can also move forward, but his negligence claim based on economic losses is precluded by the economic loss doctrine.
Court: USDC Southern District of California, Judge: Sabraw, Filed On: August 9, 2023, Case #: 3:23cv617, NOS: Other Contract - Contract, Categories: Negligence, Privacy, Banking / Lending
J. Rodriguez grants a County Sheriff Office's motion to dismiss a former detainee's civil rights claims concerning allegations of excessive force and inhumane conditions inside of a jail house. The County Sheriff Office sufficiently shows that it is not a proper party to move ahead on civil rights claims and that the individual was a pretrial detainee at the time of the alleged offenses, and not an inmate facing a conviction.
Court: USDC Southern District of California, Judge: Rodriguez, Filed On: August 9, 2023, Case #: 3:23cv5, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights