161 results for 'filedAt:"2023-08-10"'.
J. Hamblen finds a lower court improperly dismissed a civilian’s claims for after care services following a stay in a hospital. The health and social care authority argued that she should be detained in a health care facility based on mental health challenges. However, the civilian’s representation provided sufficient evidence in court that she is able to make a decision as to where she resides. Remanded.
Court: Supreme Court of the United Kingdom, Judge: Hamblen, Filed On: August 10, 2023, Case #: 23UKSC31, Categories: Civil Rights, Health Care, Housing
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J. Harjani denies the Chicago Transit Authority’s motion for a new trial on liability and damages, damages alone or a remittitur on jury award, stemming from the underlying race discrimination and retaliation case brought by an electrician. At trial, the jury returned a split verdict by finding the transit agency not liable for race discrimination, but siding with the electrician on his retaliatory harassment claims and awarding him $99,000 in damages. The court finds that a new trial is not warranted because nothing in the jury’s verdict was against the manifest weight of the evidence.
Court: USDC Northern District of Illinois, Judge: Harjani, Filed On: August 10, 2023, Case #: 1:20cv6093, NOS: Employment - Civil Rights, Categories: Damages, Employment Discrimination, Employment Retaliation
J. Holland grants in part a motion to exclude certain expert opinions in an insurance dispute regarding a roof failure. The insurer paid a portion of the repair estimate, claiming that the estimate included upgrades not required by "ordinance or law." The insurer also found that the roof failed due to poor construction rather than snow load, as the insured claimed. The insurance industry standards expert is not qualified to opine on whether the repair proposal would bring the building back up to code because he is not a building codes or construction expert. The expert's opinion on the defective design exclusion is his own opinion on the correct interpretation of the insurance contract, which is a legal conclusion, and must be excluded. The expert's opinion regarding the insurance company's net worth, as a “former head auditor and CPA with special expertise in
insurance accounting" shall be allowed.
Court: USDC Alaska, Judge: Holland, Filed On: August 10, 2023, Case #: 4:20cv23, NOS: Insurance - Contract, Categories: Insurance, Experts
J. Montoya-Lewis finds that the lower court properly in part applied community custody conditions against defendant, who is serving a life sentence in community custody for child molestation. While the conditions against sexual materials and dating are not vague and hold up to scrutiny, the sentencing review board imposed a marijuana condition that is not related to defendant's conduct and was an overstep of the board's authority. Affirmed in part.
Court: Washington Supreme Court, Judge: Montoya-Lewis, Filed On: August 10, 2023, Case #: 100753-1 , Categories: Sentencing, Sex Offender
J. Robart finds in favor of the scientific application company for its claim that the security brokers corporation owes $461,800 for using the research vessel known as "R/V OCEAN TITAN." The scientific application company performed its obligations under the charter as it timely delivered the R/V OCEAN TITAN for 20 days, the security brokers corporation agreed to pay $33,700 per day, and the security brokers corporation said that the research vessel was adequate.
Court: USDC Western District of Washington, Judge: Robart, Filed On: August 10, 2023, Case #: 2:21cv1712, NOS: Marine - Contract, Categories: Maritime, Attorney Fees, Contract
Per curiam, the appellate division finds that the lower court properly held that defendant's prior murder sentence had to run consecutive to a subsequent sentence for burglary, possession of a weapon, and attempted assault while on parole because defendant had been designated a second violent felony offender for the crimes committed on parole. Affirmed.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: August 10, 2023, Case #: CV-23-0053, Categories: Murder, Parole, Sentencing
J. Watkins finds that the trial court properly convicted defendant of sale of a controlled substance and possession of a controlled substance with intent to distribute. Sufficient evidence was presented to support defendant's conviction for sale of a controlled substance. Defendant's counsel was not deficient for failing to object to the admission of a phone call in which a third party said defendant would sell meth to an informant. Objecting to the evidence on confrontation clause grounds would have been meritless because statements to an informant are nontestimonial in nature. Affirmed.
Court: Georgia Court of Appeals, Judge: Watkins, Filed On: August 10, 2023, Case #: A23A0927, Categories: Confrontation, Drug Offender, Ineffective Assistance
J. Boomgaarden finds that the lower court properly sentenced defendant on drug convictions. Defendant claims that his two consecutive sentences violate double jeopardy rules, but the two sentences are derived from two separate offenses and two separate drug transactions. The rules of double jeopardy and the protections against them do not relate here and were not violated. Affirmed.
Court: Wyoming Supreme Court, Judge: Boomgaarden, Filed On: August 10, 2023, Case #: S-23-0070, Categories: Drug Offender, Double Jeopardy
Per curiam, the appellate division finds that attorney Alexander Russell Shmulsky, suspended for one year for misconduct by having a sexual relationship with a matrimonial client and misusing a retainer agreement, may be reinstated. Although Shmulsky complied with the order of suspension and demonstrated a support system to avoid future misconduct, additional safeguards are needed, including bars on solo practice and in matrimonial or family law for five years.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: August 10, 2023, Case #: PM-168-23, Categories: Attorney Discipline
J. Alikhan upholds the probate court's interpretation of a deed that a father had originally conveyed as a tenancy by the entirety to his son as one creating a joint tenancy with a right of survivorship to the son. The probate court properly relied on the father's intent when it determined the son was the owner of the property after the father's death. Affirmed.
Court: DC Court of Appeals, Judge: Alikhan, Filed On: August 10, 2023, Case #: 22-PR-0338, Categories: Property, Wills / Probate
J. Zahn finds that the short and general ballot titles for "The Idaho Open Primaries Act" do not substantially comply with statute. The titles do not match the language of the initiative or the way the system it proposes is commonly referred to. The term "nonparty blanket primary" is not adequately distinctive and it is prejudicial. Also, the statement that the initiative would "require ranked choice voting" is prejudicial. Without valid, certified ballot titles, proponents of the measure cannot start the process of collecting signatures. The proponents have associational standing because they have established injury in fact from the inability to gather signatures, gathering signatures is germane to their alleged purpose and the benefits of valid titles would be shared by the proponents without need to show benefits to individual members.
Court: Idaho Supreme Court, Judge: Zahn, Filed On: August 10, 2023, Case #: 50940, Categories: Elections
Per curiam, the court of appeals vacates the superior court's order that defendant remain in inpatient treatment pending the filing of a civil-commitment case. Defendant was due certain findings before the order was made, including a determination whether he has a mental illness, and whether he is a danger to himself or others. Vacated.
Court: DC Court of Appeals, Judge: Per curiam, Filed On: August 10, 2023, Case #: 23-CO-0233, Categories: Commitment, Due Process
J. Bledsoe allows a general contractor to continue liability claims against a refrigeration company stemming from an accident that resulted in multiple underlying lawsuits because the general contractor sufficiently pleaded it had not been added as an insured by the subcontractor.
Court: North Carolina Business Court, Judge: Bledsoe, Filed On: August 10, 2023, Case #: 2023-NCBC-54, Categories: Insurance, Contract
J. Baker finds that the trial court properly ruled against an organization challenging the Austin Independent School District's face-covering mandate and quarantine policy that was implemented during the Covid-19 pandemic. The policy implemented by the school district is not a statute, ordinance or contract; therefore, the district's governmental immunity is not waived by the organization's challenge. Affirmed.
Court: Texas Courts of Appeals, Judge: Baker, Filed On: August 10, 2023, Case #: 03-21-00681-CV, Categories: Government, Immunity, Covid-19
J. Kafker affirms the defendant’s convictions for murder. The defendant argues that her trial should have been held at a different venue because media coverage and publicity could influence the jury against her but a jury having prior knowledge of the crime doesn’t automatically prevent it from being fair and impartial.
Court: Massachusetts Supreme Court, Judge: Kafker, Filed On: August 10, 2023, Case #: SJC-13231, Categories: Fair Trial, Murder, Assault
J. Lawrence dismisses the appeal in this case involving different condominium unit owners as interlocutory. The appellant condominium owners appeal certain orders of the Business and Consumer Docket, but "the orders did not dispose of all claims against all defendants."
Court: Maine Supreme Court, Judge: Lawrence, Filed On: August 10, 2023, Case #: 2023ME46, Categories: Civil Procedure, Real Estate
J. Fisher finds that the lower court improperly dismissed a retention order for defendant after he was committed to a state facility for a "dangerous mental disorder" following his guilty plea to sexual misconduct at a group home. Expert testimony established that, despite making improvements, defendant continued to be qualified as mentally ill and that his developmental disabilities required continued retention in a state treatment facility. Reversed.
Court: New York Appellate Divisions, Judge: Fisher, Filed On: August 10, 2023, Case #: CV-22-2361, Categories: Commitment, Experts
Per curiam, the Fifth Circuit finds the district court properly made an upward departure from sentencing guidelines on the Mexican citizen’s guilty plea conviction for illegally reentry after prior deportation. Defendant has been deported repeatedly, as well as having been convicted for felony burglary, multiple thefts, domestic violence, false claim of U.S. citizenship, tampering with a government record, evading arrest and more. Misstatements made by the prosecution as to defendant’s previous charges and sentences did not affect his substantial rights. Defendant cites no authority for other challenges and the Fifth Circuit has previously affirmed the reasonableness of a 72-month sentence for illegal reentry. Affirmed.
Court: 5th Circuit, Judge: Per curiam, Filed On: August 10, 2023, Case #: 22-40720, Categories: Immigration, Sentencing, Due Process
J. Readler finds that defendant was properly sentenced as an armed career criminal. All of his previous drug trafficking and robbery convictions qualify as crimes of violence under the relevant statute and required a 15-year minimum sentence for his most recent firearm possession conviction. Affirmed.
Court: 6th Circuit, Judge: Readler, Filed On: August 10, 2023, Case #: 22-5567, Categories: Firearms, Sentencing
J. Georges affirms the defendant’s conviction for assault and battery by means of a dangerous weapon. While the victim’s girlfriend wished to recant her statements to police, which she claimed the victim pressured her to make, and her grand jury testimony, the admitted parts of her testimony qualify as hearsay exemptions to inconsistent statements previously made under oath.
Court: Massachusetts Supreme Court, Judge: Georges, Filed On: August 10, 2023, Case #: SJC-13383, Categories: Assault, Battery, Witnesses
J. Groves finds the trial court properly admitted evidence of a shooting that occurred three days after the murder and paralyzed defendant. The timing of his injuries was relevant in proving he was physically capable of committing the murder, while no ballistics evidence from the second shooting linked defendant to the shooting of the victim, which prevented any prejudicial impact. Meanwhile, although there was no eyewitness testimony, the circumstantial evidence was sufficient to convict defendant of murder because it proved he discovered his ex-girlfriend's relationship with the victim immediately before the shooting, disposed of a gun shortly after the murder, and attempted to persuade a witness not to testify. Affirmed.
Court: Ohio Court Of Appeals, Judge: Groves, Filed On: August 10, 2023, Case #: 2023-Ohio-2770, Categories: Evidence, Murder