135 results for 'filedAt:"2023-09-05"'.
J. Gottschall dismisses a proposed class action complaint against Illinois, brought by a Black mother whose minor son has suffered PTSD as a result of his constant exposure to gun violence on Chicago's South Side. The mother proposed a class action against Illinois, the governor and the state police, on behalf of her son and other Black children who have suffered disabilities stemming from gun violence. She sought an injunction compelling the state and state police to more strictly enforce gun control laws and to exert more regulatory power over weapons dealers, all to stem the flow of guns into Chicago. However, the mother lacks standing under Article III of the U.S. Constitution, and she cannot show how the regulatory reforms she seeks would translate into reduced gun violence in Chicago.
Court: USDC Northern District of Illinois, Judge: Gottschall, Filed On: September 5, 2023, Case #: 1:18cv6675, NOS: Amer w/Disabilities - Other - Civil Rights, Categories: Constitution, Class Action, Injunction
J. Holcomb denies a Singaporean company's motion for an anti-suit injunction to enjoin an individual from enforcing the injunction of the Singapore International Commercial Court pending the resolution of this action. The company "fails to show that Singapore’s treatment of judicial and collateral estoppel issues violates public policy." Further, "granting the Motion would not provide [the company] with the actual relief it seeks."
Court: USDC Central District of California, Judge: Holcomb, Filed On: September 5, 2023, Case #: 2:19cv6914, NOS: Other Contract - Contract, Categories: Contract
J. Teeter denies a no spill flame mitigation device manufacturer's motion for a new trial concerning patent infringement claims against a military fuel cans maker. The military fuel cans maker provided sufficient evidence in court that it was entitled to a "no- infringement verdict."
Court: USDC Kansas, Judge: Teeter, Filed On: September 5, 2023, Case #: 2:18cv2681, NOS: Patent - Property Rights, Categories: Patent
J. Nye grants an individual's motion for default judgment regarding allegations of breach of Bitcoin loan agreements. The borrowers have "failed to formally appear, obtain counsel, or demonstrate a meaningful attempt to defend the suit" which has been ongoing since September 2022.
Court: USDC Idaho, Judge: Nye, Filed On: September 5, 2023, Case #: 2:22cv389, NOS: Other Contract - Contract, Categories: Contract
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J. Brady grants in part and denies in part an employer’s motion for summary judgment. An employee damaged a delivery truck while on the job and was subsequently terminated. The employee believes his firing was retaliatory, because he filed a complaint about being passed over for promotion to full-time employment when he was an on-call employee; he also claims he was subject to a hostile work environment because of the complaint. The employer is denied summary judgment on the employee's retaliation claim, as they did not indicate a non-retaliatory reason for his dismissal, but is granted summary judgment on his claims of hostile work environment and disparate treatment.
Court: USDC Northern District of Indiana, Judge: Brady, Filed On: September 5, 2023, Case #: 1:18cv82, NOS: Employment - Civil Rights, Categories: Employment, Employment Discrimination, Employment Retaliation
J. Bratvold affirms the district court's denial of the New York investment firm's motion to dismiss the Attorney General's action against it for lack of personal jurisdiction. The Attorney General presented prima facie evidence that the firm had contacts with Minnesota connected to its interest in a landlord with over 600 rental properties sufficient to warrant personal jurisdiction, including allegations and evidence that it became involved in the day-to-day management of those properties by communicating with tenants, directing repairs and discussing regulatory issues with city officials. Affirmed.
Court: Minnesota Court Of Appeals, Judge: Bratvold, Filed On: September 5, 2023, Case #: A23-0244, Categories: Jurisdiction
J. Glickman vacates the trial court's dismissal of a church's action against parishioners who challenged the church board's leadership and its elections. The elections should not have been invalidated due to lack of notice, as there was no evidence the church's notice of the elections was deficient.
Court: DC Court of Appeals, Judge: Glickman, Filed On: September 5, 2023, Case #: 21-CV-0262 , Categories: Elections
J. Murphy finds the trial court properly vacated the family's voluntary dismissal of personal injury claims against the church because they failed to file the motion before the court's adverse decision to dismiss the case with prejudice. However, the trial court improperly selected a dismissal with prejudice as the sanction for the family's failure to prosecute because it failed to explain how further delay would prejudice the church regarding witness availability; therefore, the case will be remanded to allow the court to consider an appropriate sanction. Affirmed in part.
Court: North Carolina Court of Appeals, Judge: Murphy, Filed On: September 5, 2023, Case #: COA22-374, Categories: Civil Procedure, Sanctions
J. Smith denies defendant's motion for habeas relief in a matter in which she was convicted of wire fraud and aggravated identity theft. Defendant claims that her habeas counsel provided ineffective assistance by failing to raise various grounds for relief in her first motion. This claim could not have been adjudicated on the merits of her first motion, therefore it was not a second or successive motion. The matter is remanded to the district court to consider it in the first instance.
Court: 9th Circuit, Judge: Smith, Filed On: September 5, 2023, Case #: 23-48, Categories: Habeas, Identity Theft
J. Woodward concurs with the lower court’s dismissal of manslaughter and homicide of a viable fetus after a driver under the influence of alcohol crashed into a car, causing a pregnant woman injury that resulted in the baby being stillborn at a hospital. The state charged the driver under laws that require the driver to have acted recklessly with the knowledge that a person is pregnant. Even though he was negligent in drinking and driving, the driver could not have known that anyone in the car he hit was pregnant. However, he is still charged with causing life-threatening injury. Affirmed.
Court: The Appellate Court of Maryland, Judge: Woodward, Filed On: September 5, 2023, Case #: CT191310X, Categories: Manslaughter, Vehicle, Criminal Negligence
J. Ripken agrees with the lower court’s decision to classify a crime as a felony after a car buyer used her work supervisor’s identity to fraudulently co-sign a loan to purchase a vehicle. The buyer argues that because a Maryland criminal code does not specify the monetary value regarding the offense, she should only receive a misdemeanor. However, a caption provided by police estimating the value between $1,500 and $25,000 necessarily stands in place of the specificity in the code, and the value of the car is high enough to warrant a felony conviction. Affirmed.
Court: The Appellate Court of Maryland, Judge: Ripken, Filed On: September 5, 2023, Case #: C-22-CR-21-000541, Categories: Fraud, Identity Theft
J. Markle finds that the trial court properly convicted defendant of aggravated child molestation and child molestation. The trial court's jury instructions sufficiently covered a charge requested by defendant on witness credibility related to the victim's delayed outcry. The trial court did not commit any error by charging the jury that time is not an essential element of the offenses. Affirmed.
Court: Georgia Court of Appeals, Judge: Markle, Filed On: September 5, 2023, Case #: A23A0971, Categories: Sex Offender, Child Victims, Jury Instructions
J. Gonzalez grants the Missouri-based logistics company's motion to dismiss, ruling that while it brokered the freight load involved in the fatal accident, it did not employ the driver or direct the route of the shipment and, therefore, does not have the required business contacts in the state to grant this court jurisdiction under the New Mexico long-arm statute.
Court: USDC New Mexico, Judge: Gonzalez, Filed On: September 5, 2023, Case #: 1:22cv599, NOS: Motor Vehicle - Torts - Personal Injury, Categories: Vehicle, Negligence, Jurisdiction
J. Abrams partially finds for the correctional officers, ruling that New York prisons have an unconstitutional practice of denying officers' requests for a religious accommodation to wear a beard. It is well-settled law that the officers - three Muslims and one practitioner of Norse paganism - are not required to prove their claim that wearing a beard is a requirement of their faith. Rather, the state may only deny an application for a religious accommodation if it determines the applicant does not have a sincerely held religious belief, or if granting the request would impose undue hardship on the prison system.
Court: USDC Southern District of New York, Judge: Abrams, Filed On: September 5, 2023, Case #: 1:19cv7977, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Employment
J. Wilson finds that the district court properly denied defendant's habeas petition for relief from his death sentence for murder. Defendant failed to show that he was prejudiced by his sentencing counsel's failure to present additional evidence about his mental state at the time of the crime or his bipolar disorder. Affirmed.
Court: 11th Circuit, Judge: Wilson, Filed On: September 5, 2023, Case #: 22-10329, Categories: Death Penalty, Habeas, Murder
J. Molberg finds in this restricted appeal that the lower court properly dismissed the appellants' petition for want of prosecution. The record shows that they failed to take "any action to prosecute the case in the nearly nine months after filing." Their arguments for reinstatement also fail. Affirmed.
Court: Texas Courts of Appeals, Judge: Molberg, Filed On: September 5, 2023, Case #: 05-22-00061-CV, Categories: Civil Procedure, Insurance
J. Trapp finds the trial court properly denied defendant's motion for acquittal on kidnapping, assault and other charges, all of which were supported by sufficient evidence, including testimony from the victim and defendant's own admission he took the victim's car keys to prevent her from leaving his home. Meanwhile, even though witnesses provided conflicting testimony and the victim contradicted herself at times during cross-examination, the jury was in the best position to determine witness credibility and did not clearly lose its way when it convicted defendant. Affirmed.
Court: Ohio Court Of Appeals, Judge: Trapp, Filed On: September 5, 2023, Case #: 2023-Ohio-3122, Categories: Evidence, Assault, Kidnapping
J. Miller grants in part and denies in part a petition for review brought by the Solar Energy Industries Association (SEIA) and several environmental organizations challenging orders adopted by the Federal Energy Regulatory Commission (FERC) that alter which facilities qualify for benefits under the Public Utility Regulatory Policy Act (PURPA) and how those facilities are compensated. FERC violated the National Environmental Policy Act by failing to prepare an environmental assessment before issuing the order. Although FERC's failure to prepare an assessment was a serious violation of the order, that order "does not suffer from fundamental flaws making it unlikely that FERC could adopt the same rule on remand."
Court: 9th Circuit, Judge: Miller, Filed On: September 5, 2023, Case #: 20-72788, Categories: Environment
J. McAvoy enters judgment in favor of the title insurance provider on a claim that it had an obligation to provide coverage to an insured for an underlying complaint regarding a property dispute concerning an inn property in Catskill, NY, finding the insurance policy expressly excludes coverage related to defects, liens, encumbrances and other similar matters.
Court: USDC Northern District of New York, Judge: McAvoy, Filed On: September 5, 2023, Case #: 1:22cv803, NOS: Insurance - Contract, Categories: Insurance
Per curiam, the Supreme Court of Ohio finds the appeals court properly denied the employee's petition for a writ of mandamus to reverse the decision of the Industrial Commission because some evidence in the record supported its denial of benefits for vision loss. An independent medical examination showed that while the employee showed a drastic reduction in peripheral vision after his workplace injury, this reduction would not have been caused by any injury to the eye or the types of injuries he sustained in his accident. Affirmed.
Court: Ohio Supreme Court, Judge: Per curiam, Filed On: September 5, 2023, Case #: 2023-Ohio-3081, Categories: Damages, Workers' Compensation
J. Stevens finds that the lower court properly convicted defendant of child abuse and endangering the welfare of a child. A jury reasonably found that defendant created an actual risk to her daughter by failing to take her to the hospital after the girl confided her detailed plan to commit suicide. Affirmed.
Court: Missouri Court Of Appeals, Judge: Stevens, Filed On: September 5, 2023, Case #: ED110820, Categories: Domestic Violence, Child Victims