165 results for 'filedAt:"2023-10-26"'.
J. Edison denies, in part, an engineering firm's motion to compel documents in its case against a terminal services company and others. The terminal company and a third-party supply company are joint clients of the terminal company's counsel and, therefore, communications between them are presumptively privileged.
Court: USDC Southern District of Texas, Judge: Edison, Filed On: October 26, 2023, Case #: 3:21cv94, NOS: Other Contract - Contract, Categories: Discovery, Privilege
J. Higginson finds the trial court properly convicted defendant for conspiracy to obstruct commerce by robbery and discharging a firearm during a crime of violence, causing death, in relation to a failed armored truck robbery. Five defendants were charged and the government did not identify which of three shooters fired the fatal shot. Certain defendants’ testimony did identify defendant as one of the shooters and partial DNA evidence placed him at the scene. Expert testimony on statistics involving the partial DNA match were not objected to, and the Fifth Circuit finds no reversible plain error. Affirmed.
Court: 5th Circuit, Judge: Higginson, Filed On: October 26, 2023, Case #: 22-30421, Categories: Dna, Firearms, Robbery
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[Consolidated.] J. Herndon finds the district court properly granted summary judgment to the Las Vegas Convention and Visitors Authority in this suit involving an easement on land purchased by the Buddhist association. Maintenance obligations for a footbridge are enforceable against the Buddhist association even though construction plans for a convention center to which the footbridge would have connected never materialized. A contractual instrument between the Visitors Authority and the previous property owner states that a successor to interest would be bound by the instrument. Affirmed.
Court: Nevada Supreme Court, Judge: Herndon, Filed On: October 26, 2023, Case #: 80858, Categories: Construction, Municipal Law, Property
J. Herndon finds the district court properly dismissed this civil racketeering and tort action, denying the alleged inventor of the intellectual property’s motion to amend. After the inventor filed bankruptcy when his gaming business failed, partners opened another business using the disputed property. The statute of limitations had expired on the inventor’s claims, and any amendment would have therefore been futile. Affirmed.
Court: Nevada Supreme Court, Judge: Herndon, Filed On: October 26, 2023, Case #: 84720, Categories: Copyright, Property, Tort
J. Bennett grants, in part, a group of medical employer’s motion to dismiss a former medical assistant’s discrimination and retaliation suit, but the groups motion to dismiss the medical assistant’s disparate treatment claim must be denied. The medical assistant’s motion for leave is granted and she may proceed with claims of violations of Title VII and the Maryland Fair Employment Practices Act. The groups have 14 days to file and answer to the claims.
Court: USDC Maryland, Judge: Bennett, Filed On: October 26, 2023, Case #: 1:22cv3356, NOS: Employment - Civil Rights, Categories: Employment Discrimination, Employment Retaliation
J. Markle finds that the trial court improperly denied the association's motion to dismiss the nightclub's breach of contract action arising after the association opposed its application for a special use permit to build an outdoor deck. The trial court incorrectly found that the anti-SLAPP statute did not apply in this case and that there was a probability the nightclub would prevail on its claims. The association's activity in opposition to the permit was in front of a municipal legislative body and was protected under the statute. The agreement between the parties in which the association pledged to support the nightclub's zoning applications for development did not obligate the association to support all of the nightclub's proposed renovations. Reversed.
Court: Georgia Court of Appeals, Judge: Markle, Filed On: October 26, 2023, Case #: A23A0955, Categories: Anti-slapp, Contract
J. Gaziano determines Massachusetts is correct that it should be able to retry a defendant for unlawfully carrying a firearm, unlawfully
carrying a loaded firearm and unlawfully carrying ammunition. Defendant was convicted of those charges previously, but the convictions were later vacated because the jury was not informed that convicting the defendant for those crimes required finding that he hadn’t had a firearms license when committing them. The constitutional rule establishing that lack of licensure is an essential part of those crimes wasn’t established until after the defendant was convicted.
Court: Massachusetts Supreme Court, Judge: Gaziano, Filed On: October 26, 2023, Case #: SJC-13315, Categories: Firearms, Double Jeopardy, Jury Instructions
J. Keough finds the lower court properly denied defendant's motion for post-conviction relief. None of the evidence presented by defendant, including handwritten notes from a witness about the perpetrators of a shooting, was ever suppressed by the prosecution. Affirmed.
Court: Ohio Court Of Appeals, Judge: Keough, Filed On: October 26, 2023, Case #: 2023-Ohio-3872, Categories: Evidence, Murder
Per curiam, the Kentucky Supreme Court finds that attorney Kayce Renae Powell should be suspended from the practice of law for one year because she tied up lower court resources by bringing meritless, disparaging, and threatening reports about the court of appeals, its judges, and opposing attorneys to the governor, the FBI, and other bodies.
Court: Kentucky Court Of Appeals, Judge: Per curiam, Filed On: October 26, 2023, Case #: 2023-SC-0308-KB, Categories: Attorney Discipline
J. Thapar finds the lower court properly denied the inmate's petition for habeas relief. Although no DNA evidence tied him to the weapon recovered at the scene of the home invasion, there was still sufficient evidence to convict him, including DNA on a ski mask recovered in the home and eyewitness testimony from the victims.
Court: 6th Circuit, Judge: Thapar, Filed On: October 26, 2023, Case #: 22-1507, Categories: Dna, Evidence, Habeas
J. Ceresia finds that the lower court properly convicted defendant of manslaughter and endangering the welfare of a child in the death of his pregnant paramour's one-year-old son. Evidence indicated that, while left alone with defendant, the boy suffered multiple blunt-force traumas to the abdomen which could not be explained by defendant and that defendant had previously physically abused the child and attempted to hide the abuse. Affirmed.
Court: New York Appellate Divisions, Judge: Ceresia, Filed On: October 26, 2023, Case #: 110622, Categories: Evidence, Manslaughter, Child Victims
J. Mollway denies an insurance company’s motion for summary judgment in this dispute over coverage for grounding, salvage attempt and sinking of a yacht brought by the owner. There are questions of fact regarding whether two insurance companies were misclassified as to having a relationship and which one is the responsible company to pay the claims at the time of the grounding.
Court: USDC Hawaii, Judge: Mollway, Filed On: October 26, 2023, Case #: 1:23cv221, NOS: Marine - Contract, Categories: Insurance
J. Graber issues an amended order for the 9th Circuit's opinion filed on March 8, 2023 denying a petition for rehearing and ordering that no future petitions will be entertained concerning an organization's motion for a preliminary injunction seeking to enjoin enforcement of a San Francisco ordinance that imposes a "secondary-contributor disclaimer requirement" for certain types of political advertisements. The City and County of San Francisco added a secondary-contributor disclaimer requirement to list the major donors in those political advertisements. The organization did not show a likelihood of success on the merits of their First Amendment claim.
Court: 9th Circuit, Judge: Graber, Filed On: October 26, 2023, Case #: 22-15824, Categories: Elections, Municipal Law, First Amendment
J. Chase finds that the trial court should not have found for a patient on his motion in limine regarding the patient not being informed of treatment risks of a surgery. In this case, a prohibition on introduction of all evidence regarding consent and informed risks is highly prejudicial to the medical provider because the medical provider's defense is based on the patient being informed of the risks associated with the procedure and that a ureteral injury and anastomotic leak is a known complication of the partial colectomy procedure. Further, any issues regarding informed consent can be addressed by a properly curated jury instruction. Reversed.
Court: Louisiana Court Of Appeal, Judge: Chase, Filed On: October 26, 2023, Case #: 2023-C-0630, Categories: Evidence, Medical Malpractice
J. Hixson finds the lower court properly convicted defendant of first degree murder and possession of a firearm by a convicted felon for shooting a man in a store parking lot after an altercation. While defendant argues his sentence of life without parole to be served consecutively to 30 years for the firearms conviction is excessive, the instant court finds the lower court properly sentenced him as a repeat offender. Affirmed.
Court: Tennessee Court of Appeals, Judge: Hixson, Filed On: October 26, 2023, Case #: W2022-01796-CCA-R3-CD, Categories: Firearms, Murder, Sentencing
J. Aarons finds that the lower court should have dismissed quiet title claims in which borrowers sought to cancel a mortgage that the lender had twice sought to foreclose because the mortgage was not accelerated by either foreclosure or lack of bank standing, which indicates the statute of limitations had not been triggered and thus could not have expired. Reversed.
Court: New York Appellate Divisions, Judge: Aarons, Filed On: October 26, 2023, Case #: 534302, Categories: Property, Banking / Lending, Foreclosure
J. Egan finds that a petition seeking review of the validity of a search warrant issued in the early days of the Covid-19 pandemic, when courts were open only for "essential" proceedings, should be dismissed. Defendant, indicted with dozens of others as participants in a drug-trafficking ring, should have moved to suppress evidence.
Court: New York Appellate Divisions, Judge: Egan, Filed On: October 26, 2023, Case #: 535582, Categories: Criminal Procedure, Search
J. Reynolds Fitzgerald finds that the lower court properly granted a mother's request to relocate with her child as necessitated by the military transfer of the mother's husband because the child's father received an offset of a block of weeks in the summer, specific school breaks, and additional time in their new state with reasonable notice. Affirmed.
Court: New York Appellate Divisions, Judge: Reynolds Fitzgerald, Filed On: October 26, 2023, Case #: 535300, Categories: Family Law
J. Lipinsky finds the state's failure to timely process evidence before a criminal trial does not create a cause of action for civil rights violations to the victim of the crime and, therefore, the lower court properly dismissed the victim's complaint. The Colorado Victim Rights Act includes no language to allow victims to compel the processing of evidence by state actors, while the victim's indignation at the inability for the state to charge his assailant with attempted murder does not create a property interest or allow him to pursue damages for any constitutional violations. Affirmed.
Court: Colorado Court Of Appeals, Judge: Lipinsky, Filed On: October 26, 2023, Case #: 2023COA100, Categories: Civil Rights, Constitution, Due Process