260 results for 'filedAt:"2023-08-30"'.
J. Allen affirms the opinion and order of a Special Master granting the terrorism victims' motion for a protective order in their suit alleging that the defendant donors and nonprofit provided financial support to a Sri Lankan terrorist organization and denying the donors' cross-motion to compel discovery. The donors' discovery requests directed toward the terrorism victims' expert witness seek information outside the scope of the Federal Rules of Civil Procedure's structures for discovery without a subpoena.
Court: USDC Minnesota, Judge: Allen, Filed On: August 30, 2023, Case #: 2:09cv5395, NOS: Other Personal Injury - Torts - Personal Injury, Categories: Terrorism, Experts, Discovery
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J. Kendall partially grants a putative class’ motion to impose spoliation sanctions on a telecommunications company for its failure to preserve information relevant this antitrust case over the 2017 attempted merger of the Sinclair Broadcasting Group and Tribune Media Company. The court, finding that the telecommunications company didn’t preserve several important documents and electronic records after it had a duty to do so, grants fee shifting sanctions against the company. The class has until Sept. 21 to file their fee petition, while the telecommunications company has until Oct. 5 to file any objections.
Court: USDC Northern District of Illinois, Judge: Kendall, Filed On: August 30, 2023, Case #: 1:18cv6785, NOS: Other Statutory Actions - Other Suits, Categories: Antitrust, Sanctions, Negligence
J. Kennelly grants an auto dealer’s motion to stay this contract case, brought by a consumer who bought a car with defective parts from the dealer, and compel arbitration instead. The court finds that the consumer agreed several times to an arbitration clause when he signed his car paperwork with the dealer.
Court: USDC Northern District of Illinois, Judge: Kennelly, Filed On: August 30, 2023, Case #: 123cv108, NOS: Other Fraud - Torts - Personal Property, Categories: Arbitration, Vehicle, Contract
J. Bumb dismisses the prisoner's claims against the prison officials in their official capacities and his individual-capacity claims against prison policymakers, finding that he has not adequately alleged a pattern of excessive force by corrections officers. His individual-capacity conspiracy claim claim against corrections officers who allegedly called him by racial slurs while badly beating him survive, since he has adequately pled a conspiracy to beat him in violation of his civil rights.
Court: USDC New Jersey, Judge: Bumb, Filed On: August 30, 2023, Case #: 1:22cv1859, NOS: Civil Rights - Habeas Corpus, Categories: Civil Rights, Prisoners' Rights
J. Hammer grants the government's motion to intervene and for a stay in this civil action, which alleges the creation of a Ponzi scheme by the founders of a real estate investment company, until the resolution of a parallel criminal case. The government's motion is timely, it has demonstrated a sufficient interest in the action since the issues in the criminal case substantially overlap with the issues in this one, and the government has demonstrated that continued discovery in this case could threaten its interests in the criminal case. Limiting a stay to the two defendants both cases have in common would also raise "difficult Fifth Amendment concerns" for the unindicted civil defendants, and a stay would not prejudice the civil plaintiffs while avoiding prejudice to the civil defendants. The public interest also favors a stay.
Court: USDC New Jersey, Judge: Hammer, Filed On: August 30, 2023, Case #: 2:23cv53, NOS: Securities/Commodities/Exchange - Other Suits, Categories: Fraud, Government
J. Wright finds that the trial court properly ruled in favor of the developer that sought to enforce the buy-back agreement with the sellers of a property based on restrictions that prevented it from completing its proposed project. The evidence supports the finding that the sellers "were estopped from arguing the validity of the restrictions." Though, the award of damages for breach of contract is deleted since the developer had obtained judgment on its specific performance claim. Affirmed as modified.
Court: Texas Courts of Appeals, Judge: Wright, Filed On: August 30, 2023, Case #: 10-21-00309-CV, Categories: Civil Procedure, Real Estate, Contract
J. Smith finds that the trial court properly ruled in favor of the landowner in a dispute with four individuals over who owns 42 acres of property. The individuals did not prove their adverse possession claim since the evidence shows the existing fence was a "casual fence." Affirmed.
Court: Texas Courts of Appeals, Judge: Smith, Filed On: August 30, 2023, Case #: 10-22-00275-CV, Categories: Evidence, Property
J. Elrod finds the district court properly modified a number of the special conditions imposed upon defendant’s 15-year term of supervised release after discharge from his 168-month prison sentence for receiving child pornography. All modified terms address defendant’s use of computers and the internet, as well as associating with minors, administered through the potential use of lie detector tests. Defendant contends that the court lacked jurisdiction to modify the conditions based on an unconstitutional ban on access to all computers. This is true, though the probation office gives other reasons for modification, including that the modifications provide for greater efficiency in monitoring defendant. The district court has jurisdiction to modify supervised release conditions even without other changes in circumstance. Affirmed.
Court: 5th Circuit, Judge: Elrod, Filed On: August 30, 2023, Case #: 22-30383, Categories: Constitution, Probation, Child Pornography
J. Buller finds that a father was properly awarded physical care of the parties' child in a custody dispute because the mother made continual unsubstantiated allegations of child abuse and drug use against the father. Affirmed.
Court: Iowa Court Of Appeals, Judge: Buller, Filed On: August 30, 2023, Case #: 22-1902, Categories: Family Law
J. Stegner finds that the trial court should have made its own independent review of the record in a dispute over the accounting and dissolution of a joint dairy operation before adopting a special master's report. The trial court also erred in dismissing contract and fraud claims without analysis. It also misplaced the burden of proving fraudulent accounting. Vacated.
Court: Idaho Supreme Court, Judge: Stegner, Filed On: August 30, 2023, Case #: 49342, Categories: Fraud, Contract
J. Chin finds that the district court properly upheld civil contempt sanctions and attorney fees in claims contending a debtor's attorney failed to comply with discovery orders seeking U.S. assets related to involuntary bankruptcy proceedings in Russia. The bankruptcy court had inherent authority to impose civil contempt sanctions of $1,000 per day, or $55,000, and $36,000 in attorney fees, and the attorney had ample notice of the likelihood that such would be imposed given his willful disregard of orders to turn over documents responsive to subpoenas. Affirmed.
Court: 2nd Circuit, Judge: Chin, Filed On: August 30, 2023, Case #: 21-2238, Categories: Bankruptcy, Sanctions, Discovery
J. Kahn finds that the district court properly found for the government and assessed $112,300 in unpaid personal taxes and interest to a married couple. The couple contends the case should not have been sent to the justice department for collections before the IRS formally considered their proposed installment plan, but the premature referral did not invalidate attempts to collect on the tax debt. Affirmed.
Court: 2nd Circuit, Judge: Kahn, Filed On: August 30, 2023, Case #: 22-1566-cv, Categories: Civil Procedure, Tax
J. Marbley denies in part the employer's motion to dismiss, ruling that questions of fact preclude dismissal of the disability discrimination claim, including whether the employee suffering from depression properly requested an accommodation under the ADA and whether, with a certain amount of treatment, he would have been able to return to his position was "otherwise qualified" for the job.
Court: USDC Southern District of Ohio, Judge: Marbley, Filed On: August 30, 2023, Case #: 1:21cv409, NOS: Employment - Civil Rights, Categories: Ada / Rehabilitation Act, Employment Discrimination
J. Harrison finds the trial court properly convicted defendant for the rape of a three-year-old girl. The child’s older sister and mother testified that when they were staying with the mother’s sister, the victim stated that her private area hurt and that defendant, who lived with the sister, “scratched” her there. Forensic examination and interview confirmed injuries around and within the girl’s vagina as well as the consistency of her story. All evidence supports conviction. Defendant’s arguments have not been preserved for review and cite no authority. Counsel's motion to withdraw based on a “no-merit” appeal is granted. Certain illegally assessed costs are modified, as well as counsel’s characterization of the appeal as without merit. An attack on an illegal sentence is not a no-merit appeal. Affirmed as modified.
Court: Arkansas Court Of Appeals, Judge: Harrison, Filed On: August 30, 2023, Case #: CR-22-179, Categories: Evidence, Sex Offender, Child Victims
J. Shackleford grants the Army's motion to dismiss this appeal of its termination for cause of a contract for the purchase and delivery of computer monitors and printers to Joint Base Lewis-McChord, Washington. The printers were delayed in delivery and the contractor failed to properly communicate the reason for the delay. There was no timely appeal from the contracting officer’s final decision pursuant to the 90-day limitations period in the Contract Disputes Act.
Court: Armed Services Board Of Contract Appeals, Judge: Shackleford , Filed On: August 30, 2023, Case #: 63466, Categories: Government, Military, Contract
J. Lynch finds that the district court properly found for university hiring personnel in first amendment retaliation claims contending an adjunct professor had been passed over for promotion for embracing Keynesian economics because precedent holds that a public university's interest in prioritizing skills and academic perspectives outweighs an individual's academic free speech. Affirmed.
Court: 2nd Circuit, Judge: Lynch, Filed On: August 30, 2023, Case #: 22-1135-cv, Categories: Constitution, Education, Employment