124 results for 'filedAt:"2023-12-27"'.
J. Fuentes denies Chicago and its police officers’ motion to bifurcate a wrongfully imprisoned man’s claims against them, and also denies the city’s motion to stay discovery until the claims against the individual police have been settled. The wrongfully imprisoned man spent 28 years behind bars for a murder and murder attempt he did not commit because Chicago police deliberately framed him, he says. The court declines to bifurcate the man’s civil rights claims against the police from his Monell claims against Chicago based partly on wanting to conserve “judicial economy” — even if the individual claims against the police fail, the Monell claims against the city implicating them may still stand. This, the court ruled, speaks to the overlap between the defendants both in discovery and litigation.
Court: USDC Northern District of Illinois, Judge: Fuentes, Filed On: December 27, 2023, Case #: 1:23cv4268, NOS: Other Civil Rights - Civil Rights, Categories: Malicious Prosecution, Indemnification, Police Misconduct
[Consolidated.] J. Benton finds a lower court properly dismissed a citizen of Guatemala and his daughter's motion to remain in the U.S. The father argued that they will face torture upon their return based on jealousy at the hands of a third party who burned his house down. However, he failed to present evidence in court that his claims are based on anything more than speculation. Affirmed.
Court: 8th Circuit, Judge: Benton, Filed On: December 27, 2023, Case #: 20-2397, Categories: Evidence, Immigration
[Consolidated]. J. Benton finds a lower court properly sentenced two defendants for conspiracy to distribute 50 grams or more of meth. The co- conspirator defendants argued that their enhanced sentences are unreasonable. However, the government sufficiently showed in court that the first defendant acted as an organizer engaging in criminal activity by transporting 10 pounds of meth, and that the second female defendant sold the drugs to an undercover informant. Affirmed.
Court: 8th Circuit, Judge: Benton, Filed On: December 27, 2023, Case #: 22-3333, Categories: Drug Offender, Sentencing, Conspiracy
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J. Shepherd finds a lower court properly sentenced a defendant to 84 months in prison and three years probation for being a felon in possession of a firearm. The defendant, who absconded from a residential reentry facility while serving a 60 month sentence for possession of a firearm to further a drug- trafficking offense, argued that his sentence is unreasonable based on a four-level sentencing enhancement. However, the government presented sufficient evidence in court that he committed escape felony while armed with a loaded handgun and a fanny pack of ammunition. Affirmed.
Court: 8th Circuit, Judge: Shepherd, Filed On: December 27, 2023, Case #: 23-1816, Categories: Firearms, Sentencing, Escape
J. Guidry finds that the trial court partly erred in its apportionment of attorney fees in a dispute between a lawyer and his former law firm over fees for certain clients. For those clients where there was an abuse of discretion in the apportionments, the fee splits are modified accordingly. Affirmed as amended.
Court: Louisiana Court Of Appeal, Judge: Guidry, Filed On: December 27, 2023, Case #: 2023CA0022, Categories: Civil Procedure, Attorney Fees
J. Greene finds that the trial court properly dismissed the store patron's slip and fall suit over injuries that allegedly resulted from a crack in the pavement. Based on its small size and location in the sidewalk, the crack did not constitute an "unreasonably dangerous condition." Affirmed.
Court: Louisiana Court Of Appeal, Judge: Greene, Filed On: December 27, 2023, Case #: 2023CA0527, Categories: Civil Procedure, Tort
J. Herndon finds the trial court properly convicted defendant for two counts of first-degree murder with a deadly weapon. Defendant was charged after he reported his having fatally shot his 70-year-old neighbor and her friend. Though defendant had a tumultuous relationship with the victims for many years, substantial evidence, including surveillance video, supports the finding that defendant shot the unarmed victims in the head during an argument, while no evidence supports his claims of self-defense. Affirmed.
Court: Nevada Supreme Court, Judge: Herndon , Filed On: December 27, 2023, Case #: 85120, Categories: Evidence, Murder, Prosecutorial Misconduct
J. Trauger accepts the recommendation of the magistrate judge and grants summary judgment to Amazon in this lawsuit brought by a former employee who allegedly underwent back surgery and was subsequently terminated from her employment. The former worker contends that her termination was in violation of her rights under the Americans with Disabilities Act. However, the magistrate judge found that she was "unable to work any job," based on her own testimony, in the two years before her termination. Her objections to the magistrate judge's report are meritless.
Court: USDC Middle District of Tennessee , Judge: Trauger, Filed On: December 27, 2023, Case #: 3:20cv1029, NOS: Amer w/Disabilities-Employment - Civil Rights, Categories: Civil Procedure, Employment Discrimination
J. McKinnon finds that the trial court gave the jury in defendant's sexual intercourse without consent trial the wrong definition of "knowingly" for the "without consent" element. It said the crime involves an act with a high probability that the other person does not consent. Instead, the crime requires that he knowingly had intercourse without the other person's consent. Reversed.
Court: Montana Supreme Court, Judge: McKinnon, Filed On: December 27, 2023, Case #: DA 21-0372, Categories: Sex Offender, Jury Instructions
[Consolidated.] J. Thompson grants summary judgement to the city in this employment dispute brought by three African American police officers who were suspended, demoted and prohibited from accepting off-duty work alleging race discrimination. The city investigations found the officers violated off-duty employment when that worked as courtesy officers but did not live on the property. The officers failed to show that the white officers were disciplined any differently or that the discipline was a race-based adverse action.
Court: USDC Middle District of Alabama, Judge: Thompson, Filed On: December 27, 2023, Case #: 2:21cv641, NOS: Employment - Civil Rights, Categories: Civil Rights, Employment Discrimination
Per curiam, the appellate division finds that the lower court properly dismissed the complaint against the Rockefellers, who each hold a 25% interest in a construction company accused of breaching a loan agreement. As limited partners, the Rockefellers cannot be held personally liable for the obligations of the partnership. Affirmed.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: December 27, 2023, Case #: 06769, Categories: Partnerships, Banking / Lending
J. Falvey finds the Board of Veterans Appeals properly denied the veteran's claims for increased ratings for diabetes and bilateral lower extremity diabetic peripheral neuropathy. The VA provided the veteran with a medical exam to determine the severity of his diabetes, with the examiner confirming it is managed by diet and hypoglycemic agent. The record shows the board properly applied ratings schedule regulations that require it to consider specific medications. Affirmed.
Court: Court Of Appeals For Veterans Claims, Judge: Falvey , Filed On: December 27, 2023, Case #: 22-3042, Categories: Government, Health Care, Veterans
J. Wolohojian affirms an order dismissing the petition and striking the objections of a man challenging the appointment of an estate’s personal representative. The man does not have standing to challenge the appointment because he is neither challenging the decedent’s will’s validity nor receiving anything from it.
Court: Massachusetts Court Of Appeals, Judge: Wolohojian, Filed On: December 27, 2023, Case #: 22-P-1232, Categories: Trusts, Wills / Probate
J. Delaney finds the trial court properly admitted the entirety of the victim's forensic interview with a sexual assault nurse examiner, including comments about defendant's previous and unrelated violent behavior. Statements about the conduct were fleeting and any prejudice was outweighed by the probative value of the interview, during which the victim gave a full and detailed account of defendant's sexual abuse. Affirmed.
Court: Ohio Court Of Appeals, Judge: Delaney, Filed On: December 27, 2023, Case #: 2023-Ohio-4761, Categories: Evidence, Sex Offender
J. Gravois finds defendant’s eight-year sentence for the sexual battery of a minor was not unconstitutionally excessive, as similar sentences have been imposed for similar crimes. Further, the sentence is appropriate because defendant violated a position of trust — earned by giving her candy — with a vulnerable minor. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Gravois, Filed On: December 27, 2023, Case #: 23-KA-274, Categories: Sentencing, Sex Offender
J. Silvain grants, in part, the law firm's motion for sanctions, ruling plaintiff's attorney will be required to reimburse it for all expenses related to the meritless legal malpractice action, which was prolonged by unnecessary filings and the attorney's failure to respond to numerous filings until ordered to do so by this court.
Court: USDC Southern District of Ohio, Judge: Silvain, Filed On: December 27, 2023, Case #: 3:21cv233, NOS: Other Personal Injury - Torts - Personal Injury, Categories: Sanctions, Legal Malpractice
Per curiam, the appellate division finds that the lower court properly found for the county in a vehicular negligence suit stemming from an accident with a bus. Any negligence on the part of the bus driver in how he pulled the bus to the side of the road to allow a passenger to disembark was not the proximate cause of the accident. Affirmed.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: December 27, 2023, Case #: 06728, Categories: Vehicle, Negligence