176 results for 'filedAt:"2023-11-30"'.
J. Kendall partially grants Walgreen’s motion to dismiss fraudulent inducement and contract breach claims brought by an electronic accessories company. The accessories company claims it paid Walgreen's to place its products in “premium” locations of Walgreen’s stores, but underlying contract disputes sullied the arrangement. The court mostly allows the accessory company’s contract claims to go forward, only dismissing a portion of one claim dealing with Walgreen’s alleged failure to pay for “sold and delivered” goods.
Court: USDC Northern District of Illinois, Judge: Kendall, Filed On: November 30, 2023, Case #: 1:23cv303, NOS: Other Contract - Contract, Categories: Fraud, Interference With Contract, Contract
J. Kelly finds a lower court improperly dismissed charges against a defendant for incompetency to stand trial. The defendant argued that she is entitled to relief after failing a competency evaluation. However, the State provided sufficient evidence in court that the superior court exceeded its jurisdiction by tossing out claims against the defendant. Vacated.
Court: Arizona Court Of Appeals Division Two, Judge: Kelly, Filed On: November 30, 2023, Case #: 2 CA-SA 2023-72, Categories: Competence, Jurisdiction
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J. Spain finds that the trial court improperly denied the university's plea to the jurisdiction in an employment discrimination suit where a white applicant for a tenure-track position alleged the university chose a "person of color" instead of her. The applicant failed to give either direct or indirect evidence of race or national-origin discrimination. Reversed.
Court: Texas Courts of Appeals, Judge: Spain, Filed On: November 30, 2023, Case #: 14-22-00861-CV, Categories: Jurisdiction, Employment Discrimination
J. Hester finds that the lower court properly adopted the department's "Most Feasible Plan for Necessary Evaluation" for the remediation of a tract of land that was contaminated by past oil and gas operations. The plaintiff landowner's assignments of error lack merit. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Hester, Filed On: November 30, 2023, Case #: 2022CA1169, Categories: Environment, Property
J. Couriel finds that the trial court properly denied the police benevolent association a preliminary injunction to prevent the release of names of officers involved in two separate fatal shootings. Marsy's Law, which was created to protect victims, does not guarantee victims the "categorical right to withhold his or her name from disclosure." Affirmed.
Court: Florida Supreme Court, Judge: Couriel, Filed On: November 30, 2023, Case #: SC2021-0651, Categories: Civil Rights, Public Record, Privacy
J. Wood finds the circuit court properly dismissed defendant's petition for a writ of habeas corpus challenging his conviction as a habitual offender for rape and aggravated robbery. Because defendant pleaded guilty and does not argue the convictions are invalid, the claims fall outside the scope of a writ of habeas corpus. He challenges evidence sufficiency, which would require the court to ignore the guilty plea to examine the evidence of guilt. This is not cognizable in habeas proceedings. Affirmed.
Court: Arkansas Supreme Court, Judge: Wood , Filed On: November 30, 2023, Case #: CV-23-425, Categories: Habeas, Robbery, Sex Offender
J. Overstreet finds that the lower court properly denied defendant's motion to file a successive postconviction petition alleging the state failed to disclose evidence relevant to his defense on murder charges. Defendant's pro se status in the prior proceedings is not cause for permitting the filing of a successive postconviction petition, and his claim is barred by res judicata. Affirmed.
Court: Illinois Supreme Court, Judge: Overstreet, Filed On: November 30, 2023, Case #: 128740, Categories: Evidence, Habeas, Self Representation
J. Corker grants the city defendants' motion for summary judgment in this lawsuit brought by a citizen asserting civil rights violations, after an officer allegedly shot his dog with a shotgun. The citizen also alleges that he was arrested without probable cause, in a separate incident, for "threatening" his former girlfriend. The shooting was reasonable as the officer could have viewed the dog, which was running loose, as "an imminent threat" to another officer. Also, the officers had probable cause to arrest the citizen "for threatened breach of the peace."
Court: USDC Eastern District of Tennessee , Judge: Corker, Filed On: November 30, 2023, Case #: 1:22cv47, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights
Per curiam, the appellate division finds that an inmate was improperly found guilty of violating prison rules by assaulting another inmate. The inmate, who contends an assault had not occurred and that he had been set up, had been denied the right to call the alleged victim as a witness in violation of hearing regulations. Rather than remittal, expungement is the appropriate remedy.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: November 30, 2023, Case #: CV-23-0538, Categories: Criminal Procedure, Witnesses, Prisoners' Rights
Vice Chancellor Will declines to compel a corporate board to allow a shareholder's candidates to stand for election and for an exemption right to purchase additional shares because the shareholder did not comply with the corporation's amended bylaws.
Court: Delaware Chancery Court, Judge: Will, Filed On: November 30, 2023, Case #: 2023-1013-LWW, Categories: Elections
J. Tijerina finds that the lower court properly granted the city's plea to the jurisdiction in this lawsuit brought by an individual who was allegedly arrested at a shopping mall. On appeal, the individual, who appears pro se, fails to challenge "the bases for the trial court's grant of the City's plea to the jurisdiction." Instead, he only challenges the dismissal under Rule 91a. Affirmed.
Court: Texas Courts of Appeals, Judge: Tijerina, Filed On: November 30, 2023, Case #: 13-22-00152-CV, Categories: Civil Procedure, Civil Rights, Jurisdiction
J. Soto remands to lower court several cases, including this one, stemming from arrests of migrants for criminal trespass under Texas’ “Operation Lone Star,” a state policy ostensibly intended to “deter[] illegal border crossing” and “prevent criminal activity along the border.” Defendant argued the charge was unconstitutional, including because the state was “selectively prosecuting men, and not similarly situated women.” Following a favorable ruling from the Fourth Court of Appeals in a similar case, defendants facing such charges are entitled to reconsideration.
Court: Texas Courts of Appeals, Judge: Soto, Filed On: November 30, 2023, Case #: 08-23-00204-CR, Categories: Constitution, Immigration, Trespass
J. Yun finds the Colorado Supreme Court's ruling in Rojas v. People did not establish a new constitutional rule of criminal procedure for the admission of testimony to explain a victim's delay in reporting sex crimes and, therefore, it could not apply retroactively to defendant's case, which allowed the lower court to dismiss his petition for postconviction relief. Affirmed.
Court: Colorado Court Of Appeals, Judge: Yun, Filed On: November 30, 2023, Case #: 2023COA113, Categories: Criminal Procedure, Constitution, Sex Offender
J. Mays finds the trial court did not prejudice the jury against defendant when it informed the jurors about grand jury proceedings and used the phrase "more likely than not that a defendant did commit the crime." The court followed that phrase with an appropriate explanation of probable cause and reiterated to the jury defendant was innocent until proven guilty. Meanwhile, text messages that implicated defendant in both robberies and her admission to police that she shot the victim "because she was scared" was sufficient to convict her of all the crimes with which she was charged. Affirmed.
Court: Ohio Court Of Appeals, Judge: Mays, Filed On: November 30, 2023, Case #: 2023-Ohio-4306, Categories: Evidence, Jury, Murder
J. Cunningham finds that the appeals court improperly reversed defendant's convictions, finding his motion for substitution of judge was exempt from being deemed abandoned because the court never ruled on it. Defendant never obtained a ruling on his motion for substitution, and it must be deemed abandoned, otherwise a defendant could knowingly build error into the record by allowing a motion to remain unaddressed. Reversed.
Court: Illinois Supreme Court, Judge: Cunningham, Filed On: November 30, 2023, Case #: 128474, Categories: Criminal Procedure, Judiciary