173 results for 'filedAt:"2023-12-06"'.
J. Rowland partially grants the defendant real estate investors’ motion to dismiss a fraud complaint brought by one of their former business partners, the plaintiff real estate investor. During a fight over the partner’s shares of their mutually owned business, the sued investors began to box plaintiff out of communications and financial documents, and using financial maneuvers to ensure he didn’t receive payouts from the company’s general partners. The court finds the plaintiff investor has sufficiently alleged this constituted securities fraud, shareholder oppression and fraudulent concealment as to one account, but dismisses his breach of fiduciary duties claims and his fraudulent concealment claims as they regard another account.
Court: USDC Northern District of Illinois, Judge: Rowland, Filed On: December 6, 2023, Case #: 1:22cv5628, NOS: Stockholders’ Suits - Contract, Categories: Fraud, Real Estate, Securities
J. Kinkeade dismisses an oncology account specialist's Family and Medical Leave Act and wrongful discharge claims against her employer. She fails to show she suffered discrimination or retaliation, and, even if her boss did yell at her, a reasonable employee would not have felt compelled to resign, as she did, due to that event.
Court: USDC Northern District of Texas , Judge: Kinkeade, Filed On: December 6, 2023, Case #: 3:23cv80, NOS: Employment - Civil Rights, Categories: Employment Discrimination, Employment Retaliation
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J. Neeley finds the trial court properly convicted defendant for theft by a public servant. Defendant, the newly elected county constable, was captured on bodycam stealing from a home where he was serving eviction papers. Defendant's motion to recuse the judge for hostile statements involving treating defendant like anyone else and keeping his case at the top of the docket do not support recusal. Defendant was not allowed to carry a gun while working, which put him in danger. This is a non-biased reason for keeping the case at the top of the docket, and impatient tones of voice do not establish bias or partiality. Affirmed.
Court: Texas Courts of Appeals, Judge: Neeley , Filed On: December 6, 2023, Case #: 12-22-00321-CR, Categories: Fair Trial, Judiciary, Theft
J. Johnson finds the trial court properly convicted defendant for burglary of a habitation. Fingerprints lifted at the scene matched defendant's, and all other evidence supports the conviction. Though the location of the burglary was an uninhabited garage apartment where the homeowners stored belongings while they temporarily lived elsewhere during the restoration of their house, the apartment was habitable, meeting the statutory definition of habitation. Defendant was not entitled to the lesser-included instruction on burglary of a building. Affirmed.
Court: Texas Courts of Appeals, Judge: Johnson , Filed On: December 6, 2023, Case #: 09-22-00112-CR, Categories: Burglary, Evidence
J. Ortego finds that defendant was properly convicted of second-degree murder in a cold case, where defendant was arrested fifteen years after the victim's body was discovered in an abandoned building near I-10 in Winnie, Texas. There was sufficient evidence for the jury to find the victim died from homicide by asphyxiation and that defendant committed the offense. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Ortego, Filed On: December 6, 2023, Case #: KA-23-115, Categories: Evidence, Murder, Experts
J. Thissen partially affirms the district court's dismissal of a case brought by patients seeking disclosure of their medical records. Individuals may bring a private right of action under the private attorney general statute, but not under the Minnesota Health Care Bill of Rights. Affirmed in part.
Court: Minnesota Supreme Court, Judge: Thissen, Filed On: December 6, 2023, Case #: A21-1518, Categories: Health Care, Privacy
J. Battaglia grants class certification as to a minimum wage, overtime, and meal break subclasses in the employees' labor action against the shipyard. Common questions predominate individualized issues in these subclasses. However, certification is denied for the two reimbursement subclasses. The employees offer no way of determining on a class-wide basis when or to what extent class members incurred unreimbursed business expenses. Each class member's claimed expenses would need to be scrutinized individually.
Court: USDC Southern District of California, Judge: Battaglia, Filed On: December 6, 2023, Case #: 3:21cv2122, NOS: Employment - Civil Rights, Categories: Employment, Class Action, Labor
J. Windhorst finds that the Office of Workers’ Compensation properly denied a worker's claim for disability benefits. In this case, the worker failed to show that he was disabled as a result of the work accident when part of a ceiling fell on his back while performing demolition and cleanup work because there was expert testimony that the worker could return to a low demand job immediately. Also, the worker testified that he had some jobs after his work-related injury. However, the $750 cap to a doctor's bill does not apply because the right to reimbursement for medical expenses and the right to compensation are separate and distinct. Affirmed as amended.
Court: Louisiana Court Of Appeal, Judge: Windhorst, Filed On: December 6, 2023, Case #: 23-CA-26, Categories: Evidence, Workers' Compensation
J. Bevan finds that the trial court was within its discretion to correct the date on an exhibit that was a judgment from a prior felony conviction. The correction was not an intervention or offer of extrajudicial facts that could be construed as witness testimony. Affirmed.
Court: Idaho Supreme Court, Judge: Bevan, Filed On: December 6, 2023, Case #: 48939, Categories: Evidence, Sentencing, Vehicle
J. Wu finds that the manufacturer demonstrates fair use of the automation company's copyrighted material, as the automation company originally disputed in its complaint that the manufacturer's products infringe on the automation company's M9-Series digital test instruments. The manufacturer's use of the copyright is transformative enough when compared to the original trademarked product, and the automation company does not make it clear what dispute is at issue regarding the code.
Court: USDC Central District of California, Judge: Wu, Filed On: December 6, 2023, Case #: 2:20cv2713, NOS: Trademark - Property Rights, Categories: Copyright, Trademark
J. Wilson finds that defendant was properly convicted of the responsive verdicts of manslaughter and aggravated assault with a firearm stemming from an incident in which he shot the mother of his children and her fiancé. Defendant is not entitled to a new trial based on the exclusion of a potential juror due to her prior felony conviction. Defendant's sentence is amended to delete the denial of his eligibility for parole. Affirmed as amended.
Court: Louisiana Court Of Appeal, Judge: Wilson, Filed On: December 6, 2023, Case #: KA-23-234, Categories: Jury, Assault, Manslaughter
J. Chicchelly finds that a father was properly denied his request to modify physical care of the children following dissolution of marriage because the father failed to procure mental health counseling for the children in spite of a court order, and the mother sufficiently addressed substance abuse issues. Affirmed.
Court: Iowa Court Of Appeals, Judge: Chicchelly , Filed On: December 6, 2023, Case #: 23-0869, Categories: Family Law
J. Langholz finds that a father's parental rights were properly terminated after he was convicted for getting the child's 15-year-old mother pregnant when he was her adult manager at a fast food restaurant. Meanwhile, the father was currently in prison on a federal drug charge. Affirmed.
Court: Iowa Court Of Appeals, Judge: Langholz, Filed On: December 6, 2023, Case #: 23-1127, Categories: Family Law
J. Fischer finds the trial court properly denied the medical marijuana dispensary's motion for a preliminary injunction in this trademark infringement action. The medical marijuana processor, which sells pre-rolled joints to dispensaries, markets products under a different spelling of the same copyrighted name as a product marketed by the dispensary. The companies had been selling their products in the same market for more than a year before the suit was filed and there is no need for a preliminary injunction to preserve the status quo until there is a final determination made. Affirmed.
Court: Oklahoma Courts Of Appeal, Judge: Fischer , Filed On: December 6, 2023, Case #: 119859, Categories: Copyright, Injunction
J. Wiseman finds the district court properly denied the funeral home's motion requesting a finding the decedent was estranged from his wife at the time of his death. The Oklahoma Funeral Board found the decedent's wife, and not his mother, had the right to control the disposition of the cremains after they were given to the mother, and assessed costs and fees against the funeral home. The court properly found that the funeral home lacked standing to seek a finding of estrangement. Affirmed.
Court: Oklahoma Courts Of Appeal, Judge: Wiseman , Filed On: December 6, 2023, Case #: 119971, Categories: Civil Procedure, Family Law, Property
J. Murphy finds the trial court properly convicted defendant for rape based on sufficient evidence. The victim, who was 7 years old at the time, complained to her 4th grade teacher that defendant, who she and her mother lived with, had regularly sexually assaulted her. Medical examination revealed certain physical injuries consistent with sexual assault. Affirmed.
Court: Arkansas Court Of Appeals, Judge: Murphy , Filed On: December 6, 2023, Case #: CR-23-186, Categories: Evidence, Sex Offender, Child Victims
J. Harrison finds the trial court improperly convicted defendant for kidnapping three corrections staff members, holding them in a maximum security prison. Defendant entered a conditional guilty plea and now appeals the court’s denial of his motion to dismiss on speedy trial grounds. A "dizzying" number of dates are involved and finds that a total of 909 days were not excluded for speedy trial purposes and, therefore, defendant's right to a speedy trial has been violated. Reversed.
Court: Arkansas Court Of Appeals, Judge: Harrison , Filed On: December 6, 2023, Case #: CR-23-156, Categories: Kidnapping, Speedy Trial
J. Thyer finds the circuit court properly denied the ex-husband's petition for contempt against his former wife. The Iranian couple divorced after moving to Arkansas and entered into a property settlement agreement wherein the husband retained ownership of the home while allowing the wife to live there until her remarriage. The decree and settlement agreement are barred by the 5-year statute of limitations from requesting a quitclaim title deed. The claim is also barred by the doctrine of laches, with the circuit court noting the husband waited 10 years to present the quitclaim deed, causing the ex-wife to believe he had abandoned his claim. Affirmed.
Court: Arkansas Court Of Appeals, Judge: Thyer , Filed On: December 6, 2023, Case #: CV-22-538, Categories: Family Law, Property, Contract
J. Stephens finds that the trial court should not have denied defendant's motion to quash the bill of indictment charging him, a police deputy, with malfeasance in office. In this case, defendant handcuffed a homeowner after they gave consent to search his property but then became belligerent and began to yell at defendant. Under case law and the state constitution, there is no affirmative duty specific enough to place a public officer on notice that handcuffing a person for officer safety during a consensual search would result in a charge of malfeasance in office because the ambiguous belligerent yelling revoked consent. Reversed.
Court: Louisiana Court Of Appeal, Judge: Stephens, Filed On: December 6, 2023, Case #: 55,213-KW, Categories: Criminal Procedure, Negligence
J. Lasnik dismisses the mother's common law claims accusing the club of wrongfully removing her sons from its sports teams and then calling the police to remove the mother and the sons from its premises. The mother's contract claims fail as a matter of law because she does not allege that the club asked her to sign the handbook, that she relied on the information in the handbook, or that she and the club were legally bound by its terms.
Court: USDC Western District of Washington, Judge: Lasnik, Filed On: December 6, 2023, Case #: 2:23cv855, NOS: Other Civil Rights - Civil Rights, Categories: Contract