96 results for 'filedAt:"2023-12-18"'.
J. Marshall rules in part for the commissioner of internal revenue in tax liability claims by reducing unreported income by the total of returned property related to federal drug charges. The taxpayer is responsible for the remainder of unreported income from the sale of marijuana as well as associated penalties.
Court: U.S. Tax Court, Judge: Marshall, Filed On: December 18, 2023, Case #: 2023-150, Categories: Tax
[Consolidated.] J. Jones finds the district court improperly granted the Army Corp of Engineer's motion for voluntary remand of approved jurisdictional determinations in its conflict with landowners over privately-owned wetlands. There is no clear demarcation between U.S. waters and the wetlands at issue; therefore, the property is not subject to federal jurisdiction. Vacated.
Court: 5th Circuit, Judge: Jones , Filed On: December 18, 2023, Case #: 21-30163, Categories: Property, Water, Jurisdiction
J. Willet finds the district court properly granted Netflix's request for injunction based on bad faith against the Texas state prosecutor. The prosecutor filed child pornography charges against Netflix for its streaming of the film "Cuties," which stars preteen girls participating in a dance competition, including a charge for a scene that involved a verifiably adult actress. The district court held a 7-hour evidentiary hearing and was best positioned to make the credibility-based determination of bad faith. Affirmed.
Court: 5th Circuit, Judge: Willet , Filed On: December 18, 2023, Case #: 22-40786, Categories: Prosecutorial Misconduct, Jurisdiction, Child Pornography
J. Marquez, in this interlocutory review, finds the trial court properly suppressed inculpatory statements made by defendant. Accused of sexually assaulting his granddaughter, defendant's statements were elicited during a custodial interrogation without proper Miranda warnings. The court's ruling provided an independent basis for suppression and was not challenged on appeal. Affirmed.
Court: Colorado Supreme Court, Judge: Marquez, Filed On: December 18, 2023, Case #: 23SA187, Categories: Miranda, Sex Offender, Child Victims
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J. Mahan denies the school district's motion to dismiss the claims of intentional infliction of emotional distress filed by the parent of an autistic 5-year-old. A teacher's assistant allegedly witnessed a teacher abusing the special education student on many occasions, and the teacher allegedly locked the child in a darkened bathroom for singing a nursery rhyme, regularly left students unattended, used corporal punishment and pain-compliance techniques, and modified her classroom door so that it could not be opened by the students.
Court: USDC Nevada, Judge: Mahan , Filed On: December 18, 2023, Case #: 2:23cv564, NOS: Amer w/Disabilities - Other - Civil Rights, Categories: Civil Rights, Education, Emotional Distress
J. Du denies the insured's motions to amend claims for breach of contract, bad faith and unfair claims practices in this insurance coverage dispute. Claims for breach of contractual fair duty to indemnify lacked fair notice to the insurer, and the insured cannot show reputational or indemnity damages were tried by the parties’ express or implied consent. The insurer mostly prevails in this complex ruling as to damages for breach of the contractual duty to defend.
Court: USDC Nevada, Judge: Du , Filed On: December 18, 2023, Case #: 2:17cv2393, NOS: Insurance - Contract, Categories: Insurance, Contract
J. Ede reverses the district court's dismissal for lack of probable cause of a charge of possession of a firearm not identified by a serial number. The statute prohibiting possession of a firearm without a serial number is not unconstitutionally vague as applied to the defendant's possession of a privately-made weapon. Reversed.
Court: Minnesota Court Of Appeals, Judge: Ede, Filed On: December 18, 2023, Case #: A23-0863, Categories: Constitution, Firearms
J. Docherty grants the employer's motion to amend the scheduling order in a case brought by six employees alleging racial and disability discrimination and harassment, and partially grants its motion to compel production of previously requested material, allow continued depositions, permit third-party discovery and for an award of costs associated with late disclosures. The motion to compel is denied without prejudice as relating to communications with one employee prior to her retaining of representation, since acknowledging the existence of such communications would fall under Fifth Amendment privilege. Production of other requested materials is ordered. A motion for sanctions is granted since, if the employer is correct in stating that the employees intentionally concealed evidence, the employees have inexcusably sought to subvert the legal system.
Court: USDC Minnesota, Judge: Docherty, Filed On: December 18, 2023, Case #: 0:22cv1904, NOS: Employment - Civil Rights, Categories: Sanctions, Discovery, Employment Discrimination
[Modified.] J. Bowen corrects a few typos with no change in judgment. The trial court was not vindictive in a full resentencing hearing that ended with a four-month-longer sentence than was originally imposed on domestic violence, assault and other convictions. Unauthorized terms were withdrawn, while the extra four months was permissible upon resentencing, and the trial court gave all arguments thoughtful consideration. Nonetheless, the sentence on one of the counts should run concurrently instead of consecutively, so the aggregate sentence is reduced by one year. Reversed in part.
Court: California Courts Of Appeal, Judge: Bowen, Filed On: December 18, 2023, Case #: A166756, Categories: Sentencing, Double Jeopardy, Domestic Violence
J. Bryson grants summary judgment of no direct infringement as relating to literal infringement of a liquid scent diffuser because only the cartridge, and not the lid, required replacement; also, cross-motions are resolved by finding that certain claims of the '976 and '004 patents were neither obvious nor indefinite.
Court: USDC Delaware, Judge: Bryson , Filed On: December 18, 2023, Case #: 1:20cv984, NOS: Patent - Property Rights, Categories: Patent
J. McLaren finds that the lower court properly restricted the mother's parenting time with her three children after finding that she engaged in conduct that seriously endangered the children's mental health. The mother must pay the father's attorneys fees for litigation related to this frivolous appeal. Affirmed.
Court: Illinois Appellate Court, Judge: McLaren, Filed On: December 18, 2023, Case #: 220055, Categories: Family Law, Sanctions
J. Lampkin finds that the lower court erred in denying defendant pretrial release on his charge of aggravated battery/discharge of a firearm. Defendant has no criminal record and believed his wife, who was divorcing him, had left the house when he discharged the gun. While his behavior was dangerous, even defendants accused of violent offenses are presumed eligible for pretrial release. Reversed.
Court: Illinois Appellate Court, Judge: Lampkin, Filed On: December 18, 2023, Case #: 231753, Categories: Firearms, Bail
J. Messitte denies a girlfriend’s motion to dismiss and grants her boyfriend’s motion to deem in this contract counterclaims dispute from the parties entering a financial agreement to invest money into a larger entity. The boyfriend does state a plausible claim on all counts against the girlfriend but will still need to prove them at the later proceedings. It is also ordered that the exhibits remain under seal. The clerk shall send the memorandum opinion and order to the girlfriend to file her answer.
Court: USDC Maryland, Judge: Messitte, Filed On: December 18, 2023, Case #: 8:23cv2466, NOS: Other Contract - Contract, Categories: Contract
J. St. Eve finds that the lower court properly found for the County and dismissed a class action filed by pre-trial detainees alleging that the use of camera to record holding cell toilets infringed their Fourth Amendment privacy rights. The security risks inherent to the jail setting require the court to grant great deference to prison administrators' assessment of the security needs, such as addressing emergencies and monitoring detainees with behavioral or mental health problems. Affirmed.
Court: 7th Circuit, Judge: St. Eve, Filed On: December 18, 2023, Case #: 22-2863, Categories: Privacy, Class Action, Prisoners' Rights
J. Hillman excludes certain experts retained by an engineering company accused of false advertising and omitting material facts concerning a caulking gun. Certain documents had not been disclosed by the discovery deadline, and one expert's methods and assumptions were unreliable. However, the company's concerns about expertise are best addressed in voir dire.
Court: USDC New Jersey, Judge: Hillman , Filed On: December 18, 2023, Case #: 1:12cv2999, NOS: Trademark - Property Rights, Categories: Civil Procedure, Consumer Law, Experts
J. Rothstein grants the property owner partial summary judgment for his claim that the man-made stormwater treatment facility on the residential development property, which the property owner says unlawfully discharges pollutants into the nearby wetlands and Lacamas Lake, is both a point source and part of the “Waters of the United States." Nothing in the Clean Water Act indicates that a point source and a WOTUS are mutually exclusive, and the residential development owner does not support its argument that the matter will not survive a legal challenge with any legal authority.
Court: USDC Western District of Washington, Judge: Rothstein, Filed On: December 18, 2023, Case #: 3:21cv5834, NOS: Environmental Matters - Other Suits, Categories: Environment, Property, Water
J. Pryor finds that the district court properly rejected former Trump White House chief of staff Mark Meadows' request to remove his state criminal prosecution to federal court under the federal officer removal statute. Meadows was indicted for conspiring to interfere in the 2020 presidential election. Federal officer removal under the law does not apply to former federal officers. Even if the law applied to former officers, the acts giving rise to his criminal prosecution were not related to Meadows' official duties. Affirmed.
Court: 11th Circuit, Judge: Pryor, Filed On: December 18, 2023, Case #: 23-12958, Categories: Venue
J. Petrou finds that the trial court properly applied the trivial defect doctrine to hold that no triable issues of fact precluded summary judgment on a trip-and-fall complaint. A vertical displacement between a metal plate cover and the surrounding sidewalk was trivial in nature and size. Affirmed.
Court: California Courts Of Appeal, Judge: Petrou, Filed On: December 18, 2023, Case #: A165638, Categories: Negligence
J. Flaum finds that the lower court properly found for the state employer in a race and sex discrimination suit filed by a job applicant. There is no evidence the employer changed its hiring criteria for the position after the applicant applied to them as a pretext for not interviewing her. Affirmed.
Court: 7th Circuit, Judge: Flaum, Filed On: December 18, 2023, Case #: 22-3275, Categories: Employment Discrimination