155 results for 'filedAt:"2023-12-13"'.
J. Cole grants a class of plaintiff truck drivers’ motion to compel the production of damages data. A railroad company captured thousands of truck drivers’ fingerprints when the drivers passed through its gates in Illinois, in violation of the state’s privacy law governing biometric information, and the court finds it appropriate for the company to produce data of every fingerprint scan it captured.
Court: USDC Northern District of Illinois, Judge: Cole, Filed On: December 13, 2023, Case #: 1:20cv390, NOS: Other Contract - Contract, Categories: Privacy, Discovery, Class Action
J. Boyle grants, in part, a healthcare billing company's motion to seal or redact certain exhibits in a false claims case regarding its alleged failure to timely bill liable third-parties, costing Medicaid agency clients millions. Certain exhibits, such as those concerning industry-specific business processes, warrant redaction.
Court: USDC Northern District of Texas , Judge: Boyle, Filed On: December 13, 2023, Case #: 3:19cv920, NOS: Qui Tam (31 U.S.C. § 3729(a)) - Torts - Personal Property, Categories: Civil Procedure, Health Care, False Claims
J. Morrison finds for the commissioner of internal revenue in this tax liability dispute because underpayment had been due to fraud, and the couple is responsible for all deficiencies and associated fraud penalties.
Court: U.S. Tax Court, Judge: Morrison, Filed On: December 13, 2023, Case #: 2023-148, Categories: Fraud, Tax
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J. Kerrigan finds for the commissioner of internal revenue in this tax liability dispute because evidence supported the determination that liability had been due to fraud, and the taxpayer is responsible for fraud-related penalties.
Court: U.S. Tax Court, Judge: Kerrigan, Filed On: December 13, 2023, Case #: 2023-149, Categories: Fraud, Tax
J. Wright finds the trial court properly convicted defendant for possession of a controlled substance based on sufficient evidence. The arresting officer discovered defendant living in a purportedly stolen RV while investigating a report of a stolen RV, and found baggies of meth, glass pipes with meth residue, digital scales and used syringes during a search. Affirmed.
Court: Texas Courts of Appeals, Judge: Wright , Filed On: December 13, 2023, Case #: 09-21-00266-CR, Categories: Drug Offender, Evidence, Sentencing
J. Golemon finds the trial court properly convicted defendant for murder based on sufficient evidence. After an altercation during a night of drinking, the employee killed his boss by running over him with a pickup truck. Multiple people witnessed the events, including the victim's and defendant's family members. Affirmed.
Court: Texas Courts of Appeals, Judge: Golemon , Filed On: December 13, 2023, Case #: 09-22-00027-CR, Categories: Evidence, Murder
J. Johnson finds the trial court properly convicted defendant for the manufacture or delivery of a controlled substance after defendant pleaded guilty to the charge, but "not true" to sentencing enhancements for a prior burglary offense. However, an investigator's testimony comparing fingerprints and other evidence shows defendant was previously convicted of burlgary. Affirmed.
Court: Texas Courts of Appeals, Judge: Johnson , Filed On: December 13, 2023, Case #: 09-22-00400-CR, Categories: Drug Offender, Evidence, Sentencing
J. Alvarez upholds the lower court's dismissal of a husband's action against a city related the death of his wife, which occurred due to a car collision caused by a man who had stolen a vehicle and was fleeing police. The husband failed to challenge the city's immunity defense. Affirmed.
Court: Texas Courts of Appeals, Judge: Alvarez, Filed On: December 13, 2023, Case #: 04-22-00193-CV, Categories: Immunity, Negligence
J. DuBow finds that the lower court properly denied a citizen’s motion for return of property, seeking a firearm and two magazines that police officers seized after her neighbors reported that she had threatened during a dispute over yard work. Pennsylvania met its burden in establishing that the citizen had pointed one of the firearms at neighbors, thus committing a crime. Affirmed.
Court: Pennsylvania Superior Court, Judge: DuBow, Filed On: December 13, 2023, Case #: J-A21022-23, Categories: Evidence, Firearms, Threats
J. Kelly finds a lower court properly sentenced a defendant to 264 months in prison and six years probation for possession with intent to distribute a controlled substance. The defendant argued that he is entitled to relief based on "trial-related errors," claiming that the government wrongfully introduced statements he made in a custodial interrogation. However, the government sufficiently showed in court that he provided his cell phone number and its contents to authorities before he received a Miranda warning. Affirmed.
Court: 8th Circuit, Judge: Kelly, Filed On: December 13, 2023, Case #: 22-2343, Categories: Drug Offender
J. Willett finds the district court properly denied the charter school's motion to discontinue the use of race as an admissions parameter. The consent order at issue requires the school to implement a race-based enrollment process consistent with an ongoing desegregation plan in the Louisiana parish. The school has not rebutted the court’s conclusions and has forfeited its constitutional argument. Affirmed.
Court: 5th Circuit, Judge: Willett , Filed On: December 13, 2023, Case #: 23-30063, Categories: Constitution, Education, Due Process
J. Duncan finds the trial court, by guilty plea, properly convicted defendant for attempted interference with commerce by robbery. The plea agreement goes beyond defendant's mere, conclusory agreement he committed the offense. He also admitted he attempted to rob the store and to obstruct commerce by taking money. The circuit has previously found such factual admissions sufficient to satisfy the Hobbs Act’s commerce element. Affirmed.
Court: 5th Circuit, Judge: Duncan , Filed On: December 13, 2023, Case #: 22-10803, Categories: Evidence, Robbery, Plea
Per curiam, the court of appeal finds that the trial court improperly modified the parenting plan of the couple's minor child because evidence did not indicate that altering the timesharing agreement would serve the best interests of the child. Reversed.
Court: Florida Courts Of Appeal, Judge: Per curiam, Filed On: December 13, 2023, Case #: 1D2022-1896, Categories: Family Law
J. McIlmail denies the government's motion to dismiss this contract dispute. The contractor appeals changes to humidifier sizing and design regarding the contract for HVAC replacement at the Guthrie Clinic at Fort Drum, New York, and seeks damages of $949,000. The government's request to convert its motion to dismiss for lack of jurisdiction on sum-certain grounds to a motion for failure to state a claim is denied, as it failed to mention the contractor had not presented a claim for a sum certain.
Court: Armed Services Board Of Contract Appeals, Judge: McIlmail , Filed On: December 13, 2023, Case #: 63183, Categories: Government, Contract
J. Gregory finds the lower court improperly applied a four-level sentence enhancement for possession of a firearm in connection with another felony offense. The defendant was convicted for possession of a gun as both a felon and someone subject to a domestic violence protective order. You can not be punished more severely for violating multiple provisions with the same act of possession. Reversed.
Court: 4th Circuit, Judge: Gregory, Filed On: December 13, 2023, Case #: 21-4235, Categories: Firearms, Sentencing
J. Scales finds the circuit court's appellate division properly dismissed the property owner's petitions for for writs of certiorari, mandamus and prohibition in his pro se lawsuit over the assessed value of his property. The property owner's second-tier certiorari petition is denied, as the circuit court properly dismissed his petitions for lack of jurisdiction to review the kinds of claims from the value adjustment board asserted in his lawsuit.
Court: Florida Courts Of Appeal, Judge: Scales, Filed On: December 13, 2023, Case #: 23-1165, Categories: Property, Tax
J. Harris finds the lower court properly sentenced the defendant to life imprisonment despite him making a deal with the government to plead guilty. The defendant made his six adopted children perform sex acts together and with him, amounting to nine charges. The defendant made a deal to plead guilty to one count of aggravated sexual abuse in exchange for the other eight charges to be dropped. The defendant failed to meet the burden of showing a reasonable probability that, but for the error, he would not have entered the plea. Affirmed.
Court: 4th Circuit, Judge: Harris, Filed On: December 13, 2023, Case #: 21-4185, Categories: Sentencing, Sex Offender, Plea
[Consolidated.] J. Murphy finds the lower court properly denied the inmate's petition for a writ of habeas corpus. Defense counsel's failure to initiate plea negotiations before his trial on charges that stemmed from a bank robbery did not prejudice him or constitute ineffective assistance. Furthermore, the attorney's failure to object to several questions directed at the inmate's mother during cross-examination and a mistake during closing arguments in which he misstated the inmate's height are insufficient to be considered ineffective assistance based on the overwhelming evidence of the inmate's guilt. Affirmed.
Court: 6th Circuit, Judge: Murphy, Filed On: December 13, 2023, Case #: 22-3386, Categories: Evidence, Habeas, Ineffective Assistance
Per curiam, the appellate division finds that the lower court improperly found for the city in a trip and fall suit. The city failed to establish that the abutting property owner, rather than the city, should be held liable for the woman's injuries. Reversed.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: December 13, 2023, Case #: 06347, Categories: Tort
J. Goree finds the trial court properly ruled the unknown, purported lineal descendant is not entitled to any part of the decedent's estate. The decedent did not provide for the descendant in his will. It appears the omission was intentional because he denied having children other than the provided-for, known descendants. The decedent also made a complete disposition of his estate, describing a class of persons composed of known and unknown lineal descendants, emphasizing he intentionally and deliberately omitted to provide for all persons in that class. Affirmed.
Court: Oklahoma Courts Of Appeal, Judge: Goree , Filed On: December 13, 2023, Case #: 120451, Categories: Evidence, Wills / Probate
J. Lagoa finds that the district court properly convicted defendant of coercing or enticing a minor into engaging in prostitution. Sufficient evidence was presented to support defendant's conviction, including message records between defendant and the victim. The district court correctly instructed the jury on the definition of the word "induce." A variance between the indictment and the proof did not deprive defendant of due process. Affirmed.
Court: 11th Circuit, Judge: Lagoa, Filed On: December 13, 2023, Case #: 22-11980, Categories: Prostitution