135 results for 'filedAt:"2024-02-16"'.
J. Holder White finds that the lower court properly denied the prisoner's claim he was tortured into confessing to murder. The Illinois Torture Inquiry and Relief Commission Act is intended to address the serious problem of torture by Chicago police, but does not apply to acts of physical abuse by the police in general, such as the prisoner's claim he was kicked by police. Further, the prisoner significantly changed elements of his story over time, supporting the circuit court's finding that his story was not credible. Affirmed.
Court: Illinois Supreme Court, Judge: Holder White, Filed On: February 16, 2024, Case #: 128373, Categories: Police Misconduct, Prisoners' Rights
J. Kays finds for the federal agency in a race discrimination suit claiming an employee was not selected for a promotion because she is a "dark" Black woman. The employee failed to assert a color discrimination claim in her complaint, and the evidence in the record indicates that the light-skinned Black woman who won the promotion was the best candidate based on the interviewing panel's ranking records.
Court: USDC Western District of Missouri, Judge: Kays, Filed On: February 16, 2024, Case #: 4:21cv944, NOS: Employment - Civil Rights, Categories: Employment Discrimination
J. Luckert finds a lower court properly convicted a defendant for first-degree premeditated murder for shooting his girlfriend, now deceased, at close range in her face after she arranged a sexual encounter with another person. The defendant argued that the prosecutor made contradictory statements at closing about premeditation. However, the government sufficiently showed in court that the defendant was granted a fair trial, despite the non-reversible error. Affirmed.
Court: Kansas Supreme Court, Judge: Luckert, Filed On: February 16, 2024, Case #: 124223, Categories: Evidence, Murder
J. Kelly finds that the trial court improperly ruled in this dispute over membership interest in a business because the wife owns the shares, and she is not required to sell the shares to the company. Reversed.
Court: Florida Courts Of Appeal, Judge: Kelly, Filed On: February 16, 2024, Case #: 2D22-1800, Categories: Contract
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J. Coughenour grants partial summary judgment to the tribe for its complaint that the electric utility company and others illegally took endangered fish as part of their electron hydroelectric project on the Puyallup River. The electric utility company's rock dam is an unpermitted take because it accelerates water which attracts upstream migrating endangered fish to the structure and away from the purpose-built fish ladder. The electric utility company and others are to apply for the necessary permits within 10 days of this order, and they are to remove a sufficient portion of the rock dam during the summer of 2024 in-water work season for the volitional upstream fish passage by Sep. 15, 2024.
Court: USDC Western District of Washington, Judge: Coughenour, Filed On: February 16, 2024, Case #: 2:20cv1864, NOS: Environmental Matters - Other Suits, Categories: Environment, Water
J. Pate finds the superior court erred in granting summary judgment for the owner of an automated teller machine (ATM) who sued an ATM processor for breach of contract and conversion. “There is a genuine issue of material fact with respect to the breach of contract claim.” Reversed.
Court: Alaska Supreme Court, Judge: Pate, Filed On: February 16, 2024, Case #: S-18276, Categories: Business Practices
J. Wilkinson finds the lower court properly denied motions to suppress evidence stemming from a Facebook warrant. The six MS-13 gang members accused of trafficking a 13-year-old girl for prostitution failed to show that the warrant that sought communication regarding the minor didn't have sufficient nexus between the Facebook accounts to be searched and the crimes under investigation. Affirmed
Court: 4th Circuit, Judge: Wilkinson, Filed On: February 16, 2024, Case #: 22-4656, Categories: Prostitution, Gangs, Human Trafficking
J. Eaton finds the family division properly dismissed this parentage action. The Office of Child Services argues the family division erred in strictly applying the time limit of two years and not the best interest of the child. OCS lacks a standing to challenge the child’s parentage because it was filed well past the statute of limitations. Affirmed.
Court: Vermont Supreme Court, Judge: Eaton, Filed On: February 16, 2024, Case #: 23-AP-207, Categories: Family Law
J. Carney finds the superior court properly denied a business partner's motion for partial summary judgment in a business embezzlement case. The partner “leveraged the existence of his own separate corporation to control and misappropriate [company] funds.” Affirmed.
Court: Alaska Supreme Court, Judge: Carney, Filed On: February 16, 2024, Case #: S-18504, Categories: Business Practices
J. Hillman declines to reimburse costs to an insurer accused of manipulating premiums to force a real estate development and management company to pay more because even if the company prolonged litigation by pursuing a meritless appeal, the insurer had other remedies related to costs.
Court: USDC New Jersey, Judge: Hillman , Filed On: February 16, 2024, Case #: 1:19cv13638, NOS: Insurance - Contract, Categories: Fraud, Insurance
J. Oxley finds that the district court improperly suppressed a blood test indicating defendant used methamphetamine in an action stemming from a car accident. The arresting officer falsely claimed he smelled alcohol on defendant's breath while seeking a warrant for the blood draw, but the relevant information had been excised from the warrant and the remaining claims supported the warrant. Affirmed.
Court: Iowa Supreme Court, Judge: Oxley, Filed On: February 16, 2024, Case #: 22-0162, Categories: Drug Offender, Search
J. Moore finds that the lower court improperly entered a divorce judgment that failed to comply with the statutory requirements, specifically as to the alimony awarded. The amended judgment did not indicate that "rehabilitation was not feasible, nor did it make any of the other findings that would justify awarding periodic alimony as opposed to rehabilitative alimony." Accordingly, the matter is remanded for the lower court to make the necessary findings. Reversed.
Court: Alabama Court of Civil Appeals, Judge: Moore, Filed On: February 16, 2024, Case #: CL-2023-0511, Categories: Civil Procedure, Family Law
J. Byrne finds that the trial court properly and improperly ruled against a woman who sued her boss and his company for damages after her car was struck by a car driven by the employer. The evidence supports the notion that her boss was still acting in his professional capacity when the collision occurred, thus making the company party to the suit. However, the evidence did not support the woman’s direct negligence claims against the company and the court properly ruled to dismiss them. Affirmed in part.
Court: Texas Courts of Appeals, Judge: Byrne, Filed On: February 16, 2024, Case #: 03-22-00736-CV, Categories: Tort, Negligence
J. Cain grants a request by a rural parish sheriff dismissing all civil rights claims, including police excessive force, by a 60-year-old disabled woman with bone cancer. Her civil rights claims are barred under the doctrine of Heck v. Humphrey, which requires that damages for constitutional violations must be based on reversal or invalidation of the conviction. The woman received a four-year suspended prison sentence after pleading no-contest to a first-offense charge of illegal distribution of an anti-anxiety narcotic.
Court: USDC Western District of Louisiana , Judge: Cain, Filed On: February 16, 2024, Case #: 2:22cv5689, NOS: Other Civil Rights - Civil Rights, Categories: Constitution, Damages, Police Misconduct
J. Block preserves on a motion for summary judgment a Fair Credit Reporting Act complaint which alleges HSBC Bank failed to conduct a reasonable investigation of an account holder’s dispute of a debt incurred as a result of credit card fraud. The litigant alleges a scammer stole his new credit card, activated it through deceptive means and then used it to make a large purchase at BJ’s Wholesale. The litigant provides enough detail that alleges HSBC willfully ignored evidence in support of his dispute that showed he was not the one who activated the card, nor was present in the store when the purchases were made.
Court: USDC Eastern District of New York, Judge: Block, Filed On: February 16, 2024, Case #: 1:20cv4566, NOS: Consumer Credit - Other Suits, Categories: Debt Collection
J. Fridy grants the maternal grandmother's petition for a writ of mandamus, in which she challenges a juvenile court order "stating that all requested relief and causes of action" were transferred to the circuit court. The juvenile court's prior order "purporting to transfer the modification action to the circuit court" was a nullity. Accordingly, the grandmother is entitled to mandamus relief.
Court: Alabama Court of Civil Appeals, Judge: Fridy, Filed On: February 16, 2024, Case #: CL-2023-0820, Categories: Civil Procedure, Family Law
J. Beeler finds in favor of Peloton in a trademark dispute brought by the owner of the "Bike+" fitness app that claimed Peloton's new "Peloton Bike+" products infringed on their marks. The owners of the Bike+ app have done very little marketing and the products offered by Peloton, which tend to use more brick-and-mortar stores, are notably different than anything offered by Bike+, so there is little likelihood of confusion between the two marks.
Court: USDC Northern District of California, Judge: Beeler, Filed On: February 16, 2024, Case #: 3:21cv3202, NOS: Trademark - Property Rights, Categories: Trademark
J. May finds that defendant was improperly convicted of child endangerment since the state failed to prove the children, who range in age from 5 to 12, were endangered when the mother left them asleep in their home while she went to Walmart for groceries.
Court: Iowa Supreme Court, Judge: May, Filed On: February 16, 2024, Case #: 22-1581, Categories: Child Victims
J. Ledet finds that the trial court properly granted a father's request to proceed with the final phase of a titrated visitation schedule and allowed him over-night visitation. In this case, the trial court modified the father's therapy requirement and did not impose a requirement of attending weekly individual therapy. Further, the record shows that the father complied with his obligations under the modified titrated visitation schedule. There was testimony that the father completed the court-required parenting classes and tested negative for drugs and alcohol. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Ledet, Filed On: February 16, 2024, Case #: 2023-CA-0790, Categories: Family Law, Contract
Per curiam, the Texas Supreme Court finds the court of appeals properly and improperly ruled in an easement case filed by a railroad company against the owner of a concrete plant, whose vehicles cross the railroad tracks via a gravel path to access the plant and a highway. The right of the owner to use the gravel path under estoppel and necessity are not supported by the evidence. However, a prescriptive easement does exist and is supported by the evidence. Affirmed in part.
Court: Texas Supreme Court, Judge: Per curiam, Filed On: February 16, 2024, Case #: 22-0424, Categories: Corporations, Property
J. Carroll finds the trial court properly convicted a man of sexual assault, sexual exploitation by luring a child and carrying a weapon while committing a felony. The man argues the trial court erred by not instructing the jury carrying the gun and the sexual assault was related. The court also struck portions of his probation conditions, which he challenged for being unrelated to his conviction. Affirmed in part. Reversed in part.
Court: Vermont Supreme Court, Judge: Carroll, Filed On: February 16, 2024, Case #: 23-AP-106, Categories: Firearms, Probation, Sentencing
J. Hull finds that the district court properly ruled in favor of the employer in a disability discrimination action brought by the former employee alleging that the employer violated the ADA by firing her to avoid paying healthcare costs associated with her multiple sclerosis and severe migraines. The employee failed to show that the employer's non-discriminatory reasons for firing her after her job became automated were pretextual. The district court correctly awarded $1,000 in discovery sanctions in the employer's favor. Affirmed.
Court: 11th Circuit, Judge: Hull, Filed On: February 16, 2024, Case #: 22-12045, Categories: Ada / Rehabilitation Act, Sanctions, Employment Discrimination