127 results for 'filedAt:"2024-01-30"'.
J. Stanfill finds that the lower court judgment should be vacated and the appellants' petition for judicial review dismissed based on a lack of jurisdiction. The petition sought review of an email from the mining coordinator of the Department of Environmental Protection, but the email being challenged is not "a final agency action." Vacated.
Court: Maine Supreme Court, Judge: Stanfill, Filed On: January 30, 2024, Case #: 2024ME10, Categories: Civil Procedure, Environment
J. Dannehy finds the trial court was not required to include the crimes defendant intended to commit when he broke into his brother's residence in its jury instruction on defendant's first-degree burglary charge. Although such a list is preferred, the instructions in this case accurately recited the elements of the burglary charge and made it clear the jury was required to find defendant intended to commit other crimes upon entry into the residence. Affirmed.
Court: Connecticut Supreme Court, Judge: Dannehy, Filed On: January 30, 2024, Case #: SC20721, Categories: Burglary, Jury Instructions
J. Lee finds that a decision on motions pending in defendant's appeal from his guilty plea to conspiring to distribute cocaine internationally must be deferred because counsel sought to be relieved from the case and the prosecution requested dismissal based on a negotiated appeal waiver. Counsel failed to address whether forfeiture, special assessments, and supervised release components of defendant's sentence were included in the waiver.
Court: 2nd Circuit, Judge: Lee, Filed On: January 30, 2024, Case #: 22-320-cr, Categories: Criminal Procedure, Drug Offender, Plea
J. Collier partially grants the officer's summary judgment motion in this case arising from an altercation with a hospital patient, who was allegedly opposed to taking the medication that a doctor had ordered for him. The officer allegedly attempted to restrain the patient, who now asserts claims for excessive force, malicious harassment and common law assault and battery stemming from the incident. Summary judgment is granted to the officer on the patient's Section 1983 claim for excessive force, but it is denied as to his common law assault and battery claim.
Court: USDC Eastern District of Tennessee , Judge: Collier, Filed On: January 30, 2024, Case #: 1:22cv11, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights
J. Seabright quashes a subpoena to the communications companies issued to discover the IP addresses of those filesharing and distributing a studio’s copyrighted films. The communications companies were used only as a “conduit” for the distribution and therefore falls under a safe harbor provision that renders the subpoena invalid. Just because the companies assigned an IP address to the distributors does not mean that they provided links or referrals to the copyrighted material.
Court: USDC Hawaii, Judge: Seabright, Filed On: January 30, 2024, Case #: 1:23cv426, NOS: Copyrights - Property Rights, Categories: Copyright
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J. Love finds that the trial court should not have denied a former building owner's motion for partial summary judgment on the new tenants' claims that they were exposed to toxic barrels stored in the building. In this case, the new tenants did not show that the former owner actively engaged in conduct showing a “wanton or reckless disregard for the public safety in the storage, handling, or transportation of hazardous or toxic substances” under the relevant statute. The former owner's ownership of the toxic barrels does not constitute "conduct" to entitle the tenants to punitive
damages. Reversed.
Court: Louisiana Court Of Appeal, Judge: Love, Filed On: January 30, 2024, Case #: 2023-C-0796, Categories: Civil Procedure, Damages, Contract
J. Gustafson finds that the trial court properly applied the statute of frauds to conclude that a settlement agreement regarding the terms of a transaction in which a home buyer would sell the home back to the seller was enforceable. Text messages between the buyer and seller detailed both the requisite consent and consideration elements of an agreement. Affirmed.
Court: Montana Supreme Court, Judge: Gustafson, Filed On: January 30, 2024, Case #: DA 22-0343, Categories: Construction, Real Estate, Settlements
J. Pedersen finds that the lower court improperly entered a take-nothing judgment as a death-penalty sanction in this personal injury suit. The lower court indicated that the death-penalty sanction was imposed "in response to appellant's failure to pay the $1,000 sanction," which revealed nothing about her claim. Reversed.
Court: Texas Courts of Appeals, Judge: Pedersen, Filed On: January 30, 2024, Case #: 05-22-00274-CV, Categories: Civil Procedure, Sanctions, Tort
J. Valihura finds that litigation fees should not be awarded merely because a lawsuit seeks to compel the government to perform properly. This litigation involves taxpayers but is not a taxpayer suit under "Korn v. New Castle Cnty" because that standard applies only where there exists a quantifiable, non-speculative monetary benefit for all taxpayers.
Court: Delaware Supreme Court, Judge: Valihura, Filed On: January 30, 2024, Case #: 138, 2023, Categories: Tax, Attorney Fees
J. Kato finds that the insurance company is allowed to rescind its policies from the commercial real estate agency because of the latter's misrepresentations on the application for coverage. The real estate agency lied when it answered a question asking if it had litigation involving employment, third-party discrimination or third-party harassment within the last five years of applying for coverage. The insurance company would not have issued the policies to the agency had it provided a truthful answer.
Court: USDC Central District of California, Judge: Kato, Filed On: January 30, 2024, Case #: 8:23cv1016, NOS: Insurance - Contract, Categories: Insurance, Contract
J. Lawrence finds that the lower court properly convicted defendant on drug-trafficking charges, as well as possession of a firearm by a prohibited person and criminal forfeiture of property. Contrary to defendant's argument on appeal, the state's "immunity statutes do not apply in this case." Affirmed.
Court: Maine Supreme Court, Judge: Lawrence, Filed On: January 30, 2024, Case #: 2024ME12, Categories: Drug Offender, Firearms
J. Hochhalter grants an insurance company's motion for summary judgment in a matter involving a check fraud scheme perpetrated against a law firm. The firm's professional liability policy contained an exclusion for conversion, misappropriation, or wrongful disbursement of trust account funds.
Court: USDC North Dakota , Judge: Hochhalter, Filed On: January 30, 2024, Case #: 1:21cv212, NOS: Insurance - Contract, Categories: Fraud, Insurance
J. Kato finds in favor of the payroll services provider against the female manager's complaint alleging that it gave its male employees higher salaries and promotions than its female employees. Although the manager identifies three male comparators, she does not present admissible evidence regarding their salaries, nor does she present sufficient evidence that would let a jury conclude that the payroll services provider paid male employees more than female employees for the same work.
Court: USDC Central District of California, Judge: Kato, Filed On: January 30, 2024, Case #: 2:23cv2583, NOS: Employment - Civil Rights, Categories: Employment, Employment Discrimination
[Consolidated.] J. Bumb finds for one plaintiff in claims contending a police officer used unapproved jiu jitsu takedown moves on two women during separate arrests. One plaintiff weighed less than 100 pounds and thus posed no credible threat, and certain testimony bolsters the argument that plaintiff's resistance to arrest had been no more than passive. Meanwhile, supervisors had been on notice that an excessive force violation could occur in light of the officer's frequent use of force during arrests. However, counsel for one plaintiff conflated "use of force" during arrests with "excessive force," and issues of fact remain in dispute concerning allegations against the city.
Court: USDC New Jersey, Judge: Bumb, Filed On: January 30, 2024, Case #: 1:19cv12002, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Negligence, Police Misconduct
J. Rodriguez denies several motions, including a motion for a new trial, brought by a healthcare provider after it was subject of a qui tam lawsuit involving fraudulent Medicare billing. While the healthcare company now disputes the methodology by which the number of false claims were counted, “it is simply too late” at this stage for the company to raise this issue, not least because it previously agreed on jury instructions.
Court: USDC Western District of Texas , Judge: Rodriguez, Filed On: January 30, 2024, Case #: 5:17cv317, NOS: False Claims Act - Torts - Personal Injury, Categories: Government, Health Care, False Claims
J. Moore finds the county court properly denied the mother's request to relocate the child shared with her ex-husband. Though the mother had originally been given primary custody, this was modified to joint custody after the mother moved with the child out of state with her new husband. Though the county court incorrectly found that there was no legitimate reason for the move, being the mother's new husband had found a higher-paying job, the mother failed to show the move was in the best interest of the child. Affirmed.
Court: Nebraska Court Of Appeals, Judge: Moore , Filed On: January 30, 2024, Case #: A-23-257, Categories: Family Law, Due Process, Guardianship
J. Pirtle finds the county court properly found in favor the tenant. Though the court granted the tenant replevin, ruling in favor of the trespass claims, it also dismissed his unlawful eviction claim, as well as the landlord's counterclaim for unpaid rent. The landlord's appeal failed to conform to rules of appellate procedure, and plain error review shows the record supports the conclusion the landlord did not legally possess the property. Affirmed.
Court: Nebraska Court Of Appeals, Judge: Pirtle , Filed On: January 30, 2024, Case #: A-23-263, Categories: Evidence, Landlord Tenant, Property
J. Pirtle finds the trial court properly convicted defendant by plea agreement for robbery. All evidence supports the conclusion that defendant, along with other teenagers, assaulted the victim and stole his clothes, leaving him naked in the Wal-Mart parking lot. No abuse of discretion is found in the court's imposing of a 4- to 30-year sentence. The record is insufficient to show whether or not trial counsel was ineffective for not appealing the court's denial of his motion to transfer to juvenile court. Affirmed.
Court: Nebraska Court Of Appeals, Judge: Pirtle , Filed On: January 30, 2024, Case #: A-23-411, Categories: Juvenile Law, Robbery, Assault
J. Benton finds a lower court properly granted a civilian nominal damages and declaratory relief after the president of the St. Louis Board of Alderman blocked her on Twitter. The board president argued that he was entitled to block the civilian from his social media after she criticized him for shutting down a medium security jailhouse. However, the civilian presented sufficient evidence in court that the closing of the building ignited a political debate, and that the blocking of her account violated her First and Fourteenth Amendment rights. Affirmed.
Court: 8th Circuit, Judge: Benton, Filed On: January 30, 2024, Case #: 23-1042, Categories: Civil Rights, Constitution, Damages
Per curiam, the circuit finds the Board of Immigration Appeals improperly denied the Chinese citizen's applications for asylum, withholding of removal and relief under the convention against torture. The immigrant entered the country in Los Angeles without proper documentation, later moved to Oklahoma, and further hearings took place in the Dallas immigration court. The case was never transferred back to Los Angeles before Ninth Circuit precedent was incorrectly applied in denying his applications. Fifth Circuit precedent must be applied. Vacated.
Court: 5th Circuit, Judge: Per curiam, Filed On: January 30, 2024, Case #: 22-60642, Categories: Evidence, Immigration, Jurisdiction
J. Du denies the former wife's motion for summary judgment on MetLife's interpleader action, which it filed to resolve conflicting claims to the decedent's life insurance benefits asserted by his former wife and his wife at the time of his death. The decedent maintained a basic employee life policy at the time of the divorce, benefits to which the former wife has a right. But the former wife presents no evidence the decedent was enrolled in a supplemental life policy. The former wife has not established the basic and supplemental plans are part of a single policy.
Court: USDC Nevada, Judge: Du , Filed On: January 30, 2024, Case #: 2:22cv894, NOS: Insurance - Contract, Categories: Family Law, Insurance, Wills / Probate
J. Shepherd finds a lower court improperly denied a correctional director's motion for qualified immunity concerning excessive force claims brought by a detainee. The detainee argued that the correctional director failed to prevent a correctional officer from tightening his hand cuffs in a hog tie manner, which resulted in injuries and bleeding. However, the correctional director sufficiently showed in court that she is protected by qualified immunity. Reversed.
Court: 8th Circuit, Judge: Shepherd, Filed On: January 30, 2024, Case #: 22-3297, Categories: Civil Rights, Immunity
J. Benton finds a lower court properly denied a defendant's petition for review to remain in the U.S. The defendant, an indigenous Guatemalan citizen, argued that he is obligated to stay in the country to help his father with medical debt after he was unable to repay a third party, who threatened him. However, the government sufficiently showed that the defendant paid his father's debt and that he would not face persecution on return to his native land. Affirmed.
Court: 8th Circuit, Judge: Benton, Filed On: January 30, 2024, Case #: 22-3372, Categories: Immigration
J. Rovner finds that the lower court properly dismissed all the prisoners' constitutional claims against prison staff members stemming from his conviction for a prison gang assault. There is no evidence that the prison staff knew the prisoner was actually innocent of any involvement in the assault, so his First Amendment claim fails. Further, the evidence does not support a finding that a white prisoner involved in the assault was treated more favorably. Affirmed.
Court: 7th Circuit, Judge: Rovner, Filed On: January 30, 2024, Case #: 21-1730, Categories: Prisoners' Rights
J. Broniec finds that the lower court improperly found for the state on the city's constitutional challenge to a bill known as the "Law Enforcement Officers' Bill of Rights" that adds procedures for imposing discipline on police officers. The city adequately pleaded that the law creates an unfunded mandate by increasing the city's costs by requiring it to perform increased levels of activities without providing corresponding appropriations to fund the new requirements. However, the city's other challenges are dismissed, as the state showed a rational basis to treat law enforcement officers differently from other city employees. Reversed in part.
Court: Missouri Supreme Court, Judge: Broniec, Filed On: January 30, 2024, Case #: SC99876, Categories: Constitution, Employment