166 results for 'filedAt:"2023-09-15"'.
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J. Green finds a lower court properly dismissed a civilian's motion for a new trial. The civilian argued that the State erred in charging her for disorderly conduct. However, the State presented sufficient evidence in court that the defendant's sentence of six months of non- reporting probation and a 30 days sentence was justified by evidentiary testimony, which she failed to timely object. Affirmed.
Court: Kansas Courts Of Appeal, Judge: Green , Filed On: September 15, 2023, Case #: 125,695, Categories: Evidence, Fair Trial, Probation
[Consolidated.] J. Sellers finds the lower court properly ruled in granting a right-of-way to a landowner to access their house in a landlocked area despite protest from an adjacent property owner. The landowner "established the existence of a prescriptive easement" to access her property for recreational and agricultural purposes. Affirmed.
Court: Alabama Supreme Court, Judge: Sellers, Filed On: September 15, 2023, Case #: SC20230198, Categories: Property, Real Estate, Business Practices
Per curiam, the court of appeal finds that the circuit court improperly denied a minor judicial waiver of statute requiring her legal guardian to consent to her abortion on grounds that the pregnancy had gone beyond six weeks of fetal gestation because the proposed law had not yet become effective, and the court must consider the petition on the merits. Reversed.
Court: Florida Courts Of Appeal, Judge: Per curiam, Filed On: September 15, 2023, Case #: 5D23-2754, Categories: Civil Rights, Constitution
Per curiam, the court of appeal finds that the trial court improperly ruled in bad faith claims brought after an insurer declined to cover auto accident litigation because the court had not considered all theories of bad faith raised by the insured. Reversed in part.
Court: Florida Courts Of Appeal, Judge: Per curiam, Filed On: September 15, 2023, Case #: 2D21-2443, Categories: Insurance
J. Smith finds that the trial court properly sentenced defendant to two consecutive life sentences for two murders he committed as a juvenile. Defendant is eligible for parole after 25 years, which constitutes a "meaningful opportunity" to be considered for release during his natural life. Affirmed.
Court: Florida Courts Of Appeal, Judge: Smith, Filed On: September 15, 2023, Case #: 2D22-866, Categories: Juvenile Law, Murder, Sentencing
J. Kelly finds that the trial court improperly denied a company leave to amend the complaint to include claims seeking punitive damages because the company sufficiently pleaded the claim, and the court applied the incorrect legal standard. Reversed.
Court: Florida Courts Of Appeal, Judge: Kelly, Filed On: September 15, 2023, Case #: 2D22-2454, Categories: Damages, Contract
J. Freudenberg finds the district court properly denied defendant's plea in bar. Defendant alleges that a trial on pending Uniform Controlled Substances Act charges would subject him to double jeopardy through a separate judgment of money forfeiture. Defendant failed to demonstrate he was punished by the forfeiture because he did not show he had an ownership interest in the forfeited money. The forfeiture sanction is civil, not criminal for purposes of a double jeopardy analysis. Affirmed.
Court: Nebraska Supreme Court, Judge: Freudenberg , Filed On: September 15, 2023, Case #: S-22-612, Categories: Drug Offender, Forfeiture, Double Jeopardy
J. Stacy finds the district court properly dismissed defendant's motion for a new trial without an evidentiary hearing. Defendant was convicted for 2 counts of murder during a robbery of a rural farmhouse in 1989. His convictions were affirmed on direct appeal, with various motions for new trial and postconviction relief being consistently denied. Evidence of an accomplice's DNA at the scene has already been considered and found not to support a new trial. The claim is barred by law-of-the-case doctrine. Defendant's operative motion and supporting documents do not support entitlement to an evidentiary hearing. Affirmed.
Court: Nebraska Supreme Court, Judge: Stacy , Filed On: September 15, 2023, Case #: S-21-515, Categories: Evidence, Murder, Robbery
Per curiam, the Supreme Court of Ohio denies the board of education's petition for a writ of mandamus to compel placement of a tax levy on the November 2023 ballot. The board failed to comply with all filing requirements when it submitted an incorrect estimate for the increase in tax payments per $100,000 in property value. The board argues the estimate was a "scrivener's error" included because it had contemplated three different tax increases, but the tax increase amount is a crucial aspect of the issue and does not amount to a harmless error.
Court: Ohio Supreme Court, Judge: Per curiam, Filed On: September 15, 2023, Case #: 2023-Ohio-3286, Categories: Education, Elections, Tax
Per curiam, the Vermont Supreme Court finds that the trial court properly found in favor of the town on an individual's encroachment and trespass claims. Undisputed facts support the town's position that the previous surveys show the current property boundaries. Affirmed.
Court: Vermont Supreme Court, Judge: Per curiam, Filed On: September 15, 2023, Case #: 23-AP-073, Categories: Evidence, Property
J. Moore finds that the lower court improperly dismissed the father's post-divorce action as a discovery sanction when it concluded that he had failed to comply with certain orders "to disclose his addresses and to produce the financial documents." However, the record does not show that he "willfully disobeyed the trial court" as to his addresses or as to certain bank records. Accordingly, the lower court could have imposed a lesser sanction. Reversed.
Court: Alabama Court of Civil Appeals, Judge: Moore, Filed On: September 15, 2023, Case #: CL-2022-1175, Categories: Family Law, Sanctions
J. Howell approves a $6 million settlement of employment discrimination and retaliation claims involving a class of 85 black and Hispanic employees. The settlement follows serious, non-collusive negotiations, and is fair, reasonable and adequate.
Court: USDC District of Columbia, Judge: Howell, Filed On: September 15, 2023, Case #: 1:18cv2132, NOS: Employment - Civil Rights, Categories: Employment Discrimination, Employment Retaliation
J. Meyer denies the state's motion for summary judgment in an employment discrimination action, ruling the totality of the circumstances surrounding the harassment endured by the black employee, which included a coworker hanging a noose near his cubicle, bringing a revolver to the office, and years of comments about "you people" and other racist tropes, allege a plausible claim for a hostile work environment.
Court: USDC Connecticut, Judge: Meyer, Filed On: September 15, 2023, Case #: 3:21cv736, NOS: Employment - Civil Rights, Categories: Government, Employment Discrimination
J. Bade finds that the district court properly awarded costs to a hotel in an action brought under the Americans with Disabilities Act (ADA). The district court properly determined what rule governs the award of costs to a prevailing ADA defendant and allows an award in the court’s discretion. Affirmed.
Court: 9th Circuit, Judge: Bade, Filed On: September 15, 2023, Case #: 21-55926, Categories: Ada / Rehabilitation Act
J. Jolson grants the corporation's motion to change venue in a securities class action brought by the retirement fund from the U.S. District Court for the Southern District of Ohio to the U.S. District Court for the Northern District of Georgia. The retirement fund claims that the corporation disseminated or recklessly disregarded false and misleading statements about its positions on railway safety. The corporation's headquarters are in Atlanta and two of the executives live and work in Atlanta. The flow of information from the corporation and executives to the shareholders stems from Atlanta.
Court: USDC Northern District of Georgia, Judge: Jolson, Filed On: September 15, 2023, Case #: 1:23cv4175, NOS: Securities/Commodities/Exchange - Other Suits, Categories: Securities, Venue, Class Action