112 results for 'filedAt:"2023-12-29"'.
J. Kenney grants a company’s renewed motion to assess defense fees and costs in this product liability case wherein a customer alleges its rolling walker device collapsed underneath her while she was exiting a subway car, causing her injuries. The rolling walker’s manufacturer, a third party, must pay for defense fees and costs incurred in this matter and the settlement amount since it refused to comply with court orders in this case.
Court: USDC Eastern District of Pennsylvania, Judge: Kenney, Filed On: December 29, 2023, Case #: 2:19cv268, NOS: Personal Injury - Product Liability - Torts - Personal Injury, Categories: Sanctions, Product Liability, Attorney Fees
Per curiam, the Supreme Court of Kansas suspends Phillip R. Sedgwick's license to practice for six months, a discipline to be followed by three years probation. The attorney argued that he is an adequate member of the bar association. However, he failed to properly represent a client in a misdemeanor domestic battery case and then submitted a parenting plan in court that was riddled with typographical inaccuracies.
Court: Kansas Supreme Court, Judge: Per curiam, Filed On: December 29, 2023, Case #: 126,643, Categories: Attorney Discipline
J. Holland denies an individual's motion for partial summary judgment regarding his use of a golf cart on Sitka roads as a mobility device due to his disabilities. The police department had approved his use of the golf cart, but then three years later revoked its approval, and decided he was no longer allowed to drive the golf cart on roads or sidewalks. The individual appeals the decision, alleging the police violated the Americans with Disabilities Act. "The fact that Plaintiff’s use of his golf cart now runs afoul of Sitka’s ordinances and state statutes and regulations, does not make his request unreasonable as a matter of law." The individual is granted leave to renew after discovery has been completed.
Court: USDC Alaska, Judge: Holland, Filed On: December 29, 2023, Case #: 3:23cv41, NOS: Amer w/Disabilities-Employment - Civil Rights, Categories: Ada / Rehabilitation Act
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J. Mueller finds for the Attorney General of California on two individuals’ constitutional challenge to two state firearms laws that prohibit people from openly carrying firearms without permits. The pair fail to show the law is unconstitutional, nor do they support their argument the state cannot make them carry a weapon in a certain way. "This contention is unpersuasive for the simple reason that American governments have imposed restrictions on how people carry guns since the founding era, as the Supreme Court has twice held."
Court: USDC Eastern District of California, Judge: Mueller, Filed On: December 29, 2023, Case #: 2:19cv617, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Constitution, Firearms
[Consolidated.] J. Northcutt finds that the circuit court properly ruled for the property appraiser in claims seeking ad valorem tax exemptions for property the port authority leases to a marine repair company. Joining both parties to the suit was appropriate since they both held an interest in the exemption issue. Affirmed.
Court: Florida Courts Of Appeal, Judge: Northcutt, Filed On: December 29, 2023, Case #: 2D20-2605, Categories: Civil Procedure, Property, Tax
J. Fischer finds the appeals court properly overturned defendant's conviction for criminal trespass after a noise complaint during a visit to his uncle's apartment, which should have been handled by the landlord through an eviction proceeding. A landlord may not prohibit an individual from being on their property if the person is invited by a lawful tenant unless the lease agreement signed by the parties specifically excludes that individual from the residence. Affirmed.
Court: Ohio Supreme Court, Judge: Fischer, Filed On: December 29, 2023, Case #: 2023-Ohio-4753, Categories: Evidence, Trespass
J. Kloppenburg finds the circuit court properly convicted defendant and sentenced him to 21 years in prison on charges related to a fatal car accident he caused while he had a detectable amount of a cocaine metabolite in his bloodstream. Despite defendant's argument that the relevant statute is unconstitutional because there is no rational basis to include inactive, non-impairing cocaine metabolites in the definition of a restricted controlled substance, which could lead to more "false positives" resulting from blood draws, it is concluded the statute is facially constitutional because it bears a reasonable relationship to its goal of promoting roadway safety and jibes with a "zero tolerance" approach to prosecuting impaired driving that has already been found to be constitutional. Defendant is not entitled to an evidentiary hearing on his motion for post-conviction relief claiming due process violations and ineffective assistance of counsel. Affirmed.
Court: Wisconsin Court of Appeals, Judge: Kloppenburg, Filed On: December 29, 2023, Case #: 2023AP000458-CR, Categories: Drug Offender, Evidence, Dui
J. Tenney finds that the district court properly ruled in favor of the Utah Jazz and visiting player Russell Westbrook on defamation and emotional distress claims made by two Jazz fans. Westbrook's after-game comments that he believed one of the fans said something racist to him cannot be considered defamatory because it was a constitutionally protected statement of opinion that cannot be proven true or false. Affirmed.
Court: Utah Court Of Appeals, Judge: Tenney, Filed On: December 29, 2023, Case #: 20210414-CA, Categories: Defamation
J. Wood partially rules in favor of the sheriff and police officers in a civil rights, malicious prosecution and negligent hiring action brought by the individual arising from her arrest for calling 911 about gunfire near her home. The charge against the individual was eventually dismissed. The individual failed to show that a causal connection exists between one officer's actions and the adverse effect on the individual's speech. However, a dispute of fact exists as to whether the individual engaged in protected speech and as to whether another officer had a subjective motivation to retaliate against and arrest the individual because of her speech. A jury must determine whether the officer had probable cause to arrest the individual.
Court: USDC Southern District of Georgia, Judge: Wood, Filed On: December 29, 2023, Case #: 2:20cv110, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Malicious Prosecution
J. Hodges finds that the trial court properly dismissed a negligence action brought by an individual against a driver and an employer for injuries she suffered in a car collision. The trial court correctly found that the tolling statute did not apply because the individual has not shown she is a victim. The two-year statute of limitation was not tolled based on any hypothetical crime committed by the driver. The driver was not charged with a traffic violation. Affirmed.
Court: Georgia Court of Appeals, Judge: Hodges, Filed On: December 29, 2023, Case #: A23A1252, Categories: Negligence
J. Torres finds the lower court did not properly convicted defendant in the murder of a friend who was attacked by her boyfriend. The court properly convicted defendant of reckless indifference murder, as there was evidence she had been involved in an altercation and witness testified to her erratic and fearful behavior afterwards. After being convicted of murder, she should not have also been convicted of aggravated assault, which overlaps the murder charge. There was not evidence, however, to find her guilty of use of a deadly weapon, the scissors used in the murder. Affirmed and vacated in part.
Court: Guam Supreme Court, Judge: Torres, Filed On: December 29, 2023, Case #: CRA22-12, Categories: Evidence, Murder, Assault
J. McKenna finds the lower court improperly struck parts of a expert medical examiner’s testimony for defendant’s insanity plea in a murder trial. The court wrongfully told the jury to disregard a section of a response from the examiner explaining defendant’s incapacity, which may have led jurors to believe they were to disregard the examiner’s entire statement. Vacated.
Court: Hawai'i Supreme Court, Judge: McKenna, Filed On: December 29, 2023, Case #: SCWC-21-478, Categories: Jury, Manslaughter, Experts
J. Soto finds a lower court erred in denying an energy company’s motion to dismiss a lawsuit after it was sued by another energy company alleging nuisance and other claims after it was unable to access minerals from a mineral lease due to a disposal well run by the first company. The first company is correct that the suing company lacks standing because issues with the disposal well became apparent long before the suing company attempted to drill, and therefore its current claims are unripe. Reversed.
Court: Texas Courts of Appeals, Judge: Soto, Filed On: December 29, 2023, Case #: 08-23-00010-CV, Categories: Property, Real Estate, Jurisdiction
J. Pascal allows plaintiff to file a second amended complaint contending a school wrongly punished a Black student for bringing in an empty bottle of alcohol for a science project. The new complaint plausibly alleges a white student had not been punished for bringing in a Nerf gun and that reasonable suspicion did not exist to subject the student to a drug test.
Court: USDC New Jersey, Judge: Pascal , Filed On: December 29, 2023, Case #: 1:23cv1280, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Education
J. Terrell finds the superior court erred in awarding restitution for conduct for which an individual was acquitted in a Medicaid fraud case. “The fraudulent billings for day habilitation services did not render [defendant] legally accountable for the fraudulent billings for residential supported-living services.” Reversed.
Court: Alaska Court Of Appeals, Judge: Terrell, Filed On: December 29, 2023, Case #: A-13714, Categories: Fraud, Restitution
J. Stadtmueller finds the employee can proceed with the Title VII race discrimination and retaliation claims in his lawsuit against the chemical technology company claiming he was fired for complaining about pervasive discrimination, hostility and harassment he faced at work. The employee's motion to proceed without pre-paying the filing fee is granted, and he is given until January 12, 2024, to file notice of whether he intends to serve the company on his own or through the U.S. Marshals Service.
Court: USDC Eastern District of Wisconsin, Judge: Stadtmueller, Filed On: December 29, 2023, Case #: 2:23cv1499, NOS: Employment - Civil Rights, Categories: Employment Discrimination, Employment Retaliation
J. Ramos grants the juice maker's motion to dismiss a consumer action alleging that its pomegranate juice product, POM Wonderful, misleads consumers because it claims to have "all natural" ingredients but contains synthetic chemicals. The consumer cannot show that any bottles of the product the consumer specifically purchased was adulterated with harmful per- and polyfluoroalkyl substances. Although the consumer tested the product, it was not the particular bottle she consumed.
Court: USDC Southern District of New York, Judge: Ramos, Filed On: December 29, 2023, Case #: 1:23cv1242, NOS: Other Fraud - Torts - Personal Property, Categories: Fraud, Consumer Law, Class Action
J. Stadtmueller finds that, because the smoke shop has not responded to the glass pipe accessory company's complaint alleging the shop sold counterfeit versions of the company's products, the company's motion for default judgment must be granted. The company is awarded $75,000 in damages plus $1,028 in costs, an injunction is entered ordering the shop to provide any advertisements, products or other materials bearing the company's trademark to the company for destruction, and the case is dismissed.
Court: USDC Eastern District of Wisconsin, Judge: Stadtmueller, Filed On: December 29, 2023, Case #: 2:23cv780, NOS: Trademark - Property Rights, Categories: Trademark, Damages
J. Huffman holds that the trial court should have suppressed evidence police obtained from defendant through a warrantless blood draw taken when he was unconscious at a hospital following a traffic collision. The exigent circumstance exception to the warrant requirement the U.S. Supreme Court laid out in Mitchell does not apply. Defendant was conscious during transport to the hospital, his condition was not dire and the arresting officer was not prevented from obtaining a warrant. Also, the good faith exception based on implied consent does not apply because the officer had not arrested him or made a decision to arrest him when his blood was drawn. Reversed.
Court: California Courts Of Appeal, Judge: Huffman, Filed On: December 29, 2023, Case #: D080585, Categories: Search, Dui, Plea
J. Vaden denies a paper supplier’s motion for judgment regarding the United States Department of Commerce’s (Commerce) assessment of antidumping duties. The supplier alleges Commerce improperly calculated the company’s antidumping margin on notebook paper from India when it included some products sold only in third countries. Commerce intentionally included specific products with particular characteristics in its calculations to determine surrogate costs, which is inline with established procedure. Sufficient evidence supports Commerce’s actions. Affirmed.
Court: Court of International Trade, Judge: Vaden, Filed On: December 29, 2023, Case #: 23-191, Categories: Commerce, Evidence
J. Hoffstadt finds that an administrative board properly denied inmate compensation to defendant after his murder conviction was overturned by the U.S. Ninth Circuit Court of Appeals. The grant of habeas relief did not automatically establish his factual innocence for the purpose of awarding him compensation for the time he spent in prison. Similarly, the Ninth Circuit's commentary on the evidence and its summary of the trial court record do not constitute binding factual findings in inmate compensation proceedings. Affirmed.
Court: California Courts Of Appeal, Judge: Hoffstadt, Filed On: December 29, 2023, Case #: B323360, Categories: Murder
J. Self grants the employer's motion to dismiss the employee's claims alleging race discrimination and retaliation under Title VII of the Civil Rights Act. The employee, a Black woman, alleged she did not receive a promotion despite taking on managerial duties and was tasked with cleaning toilets while white managers were not. The employee failed to exhaust her administrative remedies with the Equal Employment Opportunity Commission before filing her action. However, the employee sufficiently stated a separate claim for race discrimination so the employer's motion is denied in that respect. The employee's claim for retaliation under the Family and Medical Leave Act is dismissed but her FMLA interference claim may move forward.
Court: USDC Middle District of Georgia, Judge: Self, Filed On: December 29, 2023, Case #: 3:23cv83, NOS: Employment - Civil Rights, Categories: Employment Discrimination, Employment Retaliation