135 results for 'filedAt:"2024-02-27"'.
Per curiam, the Fourth Circuit upheld the conviction of defendant after he pleaded guilty to conspiring to distribute cocaine and his possession of more than 500 grams of cocaine. The court neither imposed an unreasonable sentence, nor erred in calculating the drug weight. Affirmed.
Court: 4th Circuit, Judge: Per curiam, Filed On: February 27, 2024, Case #: 23-4200, Categories: Drug Offender, Sentencing
J. Bishop finds the trial court properly convicted defendant for sexual assault. Though defendant claims the sex was consensual, testimony from the victim and another witness, as well as that from a medical examiner, establish the victim was raped and had injuries consistent with forced anal penetration. Defendant's DNA was also found in the victim's body. Defendant was properly sentenced within guidelines, and lifetime requirement to maintain sex offender registration does not amount to cruel and unusual punishment. Affirmed.
Court: Nebraska Court Of Appeals, Judge: Bishop , Filed On: February 27, 2024, Case #: A-22-913, Categories: Evidence, Sentencing, Sex Offender
J. Mullins finds the Freedom of Information Commission erroneously refused to apply the law enforcement exemption of Connecticut's public records law when the son of a murder victim requested various documents related to the police investigation into the murder. Although the case had been considered cold at the time of the request, testimony from investigating officers revealed there was enough evidence to develop a suspect and the officers periodically worked the case based on new leads. The commission failed to properly apply the correct standard when it weighed the evidence and ultimately granted the son's request and, therefore, the case will be remanded to allow for proper analysis as to whether law enforcement's investigation and potential prosecution will be prejudiced by the release of the documents. Reversed.
Court: Connecticut Supreme Court, Judge: Mullins, Filed On: February 27, 2024, Case #: SC20656, Categories: Government, Public Record
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J. Kasubhai grants the software company's motion for attorney fees for remand proceedings relating to its complaint that the adhesive manufacturing company copied the protected design of the software company's patent for its serial number encoder. The adhesive manufacturing company's conduct during litigation makes this case exceptional, so fees are appropriate. The software company is also entitled to prejudgment interest of 9% to the $36 million damages portion of the initial final judgment.
Court: USDC Oregon, Judge: Kasubhai, Filed On: February 27, 2024, Case #: 6:17cv1685, NOS: Patent - Property Rights, Categories: Patent, Damages, Attorney Fees
J. Rothstein dismisses the property manager's complaint alleging that the insurance company wrongfully denied the property manager's damage claim regarding Covid-19 infesting the Washington State Convention Center. The property manager is not entitled to coverage because the Washington Supreme Court already concluded that a loss of functionality only occurs when the property is physically affected, not when the property manager could not conduct normal business.
Court: USDC Western District of Washington, Judge: Rothstein, Filed On: February 27, 2024, Case #: 2:23cv1386, NOS: Insurance - Contract, Categories: Insurance, Property, Covid-19
J. Altice finds that the trial court improperly ruled in negligence claims concerning construction of a drainage system. The court properly held that the construction company owed property owners a duty to properly design and construct the subdivision's drainage system, but the development company did not have a hand in designing the property owners' home or the drainage system. Reversed in part.
Court: Indiana Court Of Appeals, Judge: Altice, Filed On: February 27, 2024, Case #: 23A-PL-437, Categories: Construction, Negligence
J. Wright denies the hotel owner's motion for prejudgment attachment of the $2.4 million down payment it made for an embattled construction project. The parties' agreement stated that the payment was non-refundable, and there is evidence that it was spent on the project. Additionally, the owner has not sufficiently demonstrated that the circumstances create a risk to collectibility of any judgment, nor that the harm suffered by the hotel owner if the payment is not returned would be greater than the harm suffered by the contractor if it s.
Court: USDC Minnesota, Judge: Wright, Filed On: February 27, 2024, Case #: 0:23cv2649, NOS: Other Contract - Contract, Categories: Fraud, Contract
J. Black grants the parties' joint motion to approve the class action settlement, ruling there is no evidence of fraud or collusion and the settlement will not only fairly compensate class members who purchased seven-pound bags of ice that weighed less than seven pounds, but will also prevent several more years of litigation.
Court: USDC Southern District of Ohio, Judge: Black, Filed On: February 27, 2024, Case #: 1:19cv1042, NOS: Other Fraud - Torts - Personal Property, Categories: Fraud, Settlements, Class Action
J. Piersol denies a motion for partial summary judgment filed by an individual and a cross-motion for summary judgment filed by a Rapid City, Pierre & Eastern Railroad (RCPE). The action involves the injury of an employee during a derailment incident near New Underwood, South Dakota. Neither the individual nor his experts has identified anything about a culvert that RCPE failed to preserve that would affect the litigation in the matter and the individual has not provided any evidence that RCPE's failure to preserve a piece of the culvert "was done intentionally and with a desire to suppress the truth."
Court: USDC South Dakota, Judge: Piersol, Filed On: February 27, 2024, Case #: 5:22cv5064, NOS: Federal Employers’ Liability - Torts - Personal Injury, Categories: Employment
J. Moritz grants a motion to transfer a dispute between the EPA and various groups and states over the EPA's decision to disapprove a series of state implementation plans for air quality. The petitioners in the case are asking to review a final rule on a national level, so their dispute is better handled the D.C. circuit.
Court: 10th Circuit, Judge: Moritz, Filed On: February 27, 2024, Case #: 23-9514, Categories: Environment, Jurisdiction
[Consolidated]. J. Singh finds a lower court properly dismissed a Russian boat owner's motion for the release of a yacht detained in the Canary Warf. The Russian boat owner argued that the Secretary of State wrongfully issued the detention of the yacht. However, the detention was proper under U.K. foreign policy due to the fact that the vessel was used by Russia to invade Ukraine. Affirmed.
Court: Her Majesty's Court of Appeal, Judge: Singh, Filed On: February 27, 2024, Case #: CA-2023-1658, Categories: Admiralty, Government, Military
J. Arnold finds a lower court properly dismissed a liquor company's copyright infringement claims against Aldi. The liquor company argued that Aldi launched a Christmas gin product that infringed on its light up, Christmas scene bottle design. However, Aldi presented sufficient evidence in court that its design was a "bright and busy" winter scene with infusionist branding, and not a white winter scene. Affirmed.
Court: Her Majesty's Court of Appeal, Judge: Arnold, Filed On: February 27, 2024, Case #: CA-2023-521, Categories: Copyright, Unfair Competition
J. Benton finds a lower court properly dismissed a citizen of Mexico's motion to reopen his bid to remain in the U.S. The citizen of Mexico argued that he is entitled to relief. However, the Department of Homeland Security sufficiently showed in court that he failed to appear in court. Affirmed.
Court: 8th Circuit, Judge: Benton, Filed On: February 27, 2024, Case #: 22-3653, Categories: Immigration
J. Livingston finds that the district court properly declined to suppress evidence in defendant's trial for producing child pornography. Digital data seized under a valid search warrant in connection with a prior prosecution against defendant for possessing child pornography led to the discovery of a cell phone video in which defendant was seen rubbing his penis on his young daughter's buttocks and ejaculating, which fell outside the prior agreement that no future prosecution would occur on possession charges. Affirmed.
Court: 2nd Circuit, Judge: Livingston, Filed On: February 27, 2024, Case #: 22-1086, Categories: Search, Plea, Child Pornography
J. Trauger partially grants the plaintiff epoxy company's motion for a preliminary injunction in this Lanham Act lawsuit against another epoxy seller regarding the use of the phrase "ultra clear epoxy." The plaintiff company will be granted limited injunctive relief, as the court notes its "real, but not overwhelming, likelihood of success."
Court: USDC Middle District of Tennessee , Judge: Trauger, Filed On: February 27, 2024, Case #: 3:23cv715, NOS: Trademark - Property Rights, Categories: Civil Procedure, Trademark
J. Doyle finds that the trial court improperly convicted defendant of one of two counts of theft by conversion. Sufficient evidence was presented to support one count, including testimony from the business owner that defendant failed to use money to buy equipment and failed to return the money. However, insufficient evidence was presented to support defendant's conviction for theft by conversion of a value greater than $1,500 under an agreement. There was no written contract between the parties and there was not enough evidence in the owner's testimony to show that more than $7,000 was taken for unauthorized transactions. Reversed in part.
Court: Georgia Court of Appeals, Judge: Doyle, Filed On: February 27, 2024, Case #: A23A1704, Categories: Theft
J. Soto finds a lower court erred in denying Texas Tech’s plea to the jurisdiction and motion for summary judgment after it was sued by a former patient for health care liability claims. The patient filed suit after the statute of limitations had expired, and while he argues it should be extended or tolled due to the Covid pandemic, these limitations are a hard “jurisdictional deadline” when bringing cases against a governmental entity, and the patient has therefore “failed to satisfy a jurisdictional statutory prerequisite” to bringing a case. Reversed.
Court: Texas Courts of Appeals, Judge: Soto, Filed On: February 27, 2024, Case #: 08-23-00170-CV, Categories: Government, Health Care, Jurisdiction
J. Molberg finds that the lower court properly entered a judgment of possession for the appellee bank in this forcible detainer action. Contrary to the appellants' argument, the evidence sufficiently supports the judgment, as the bank showed it "purchased the property in a public auction" and informed the appellants they "must vacate the property." Affirmed.
Court: Texas Courts of Appeals, Judge: Molberg, Filed On: February 27, 2024, Case #: 05-23-00065-CV, Categories: Evidence, Real Estate
J. Gustafson finds that the trial court properly found an insurance broker liable for failing to procure insurance its client specifically requested and which it represented it had obtained. A professional services policy exclusion did not apply to the client's work as a general contractor. The trial court's rulings properly excluded evidence about unrelated insurance policies that would have confused the jury. Affirmed.
Court: Montana Supreme Court, Judge: Gustafson, Filed On: February 27, 2024, Case #: DA 22-0731, Categories: Insurance
J. Zahn finds that the district court properly rejected challenges to a roadway easement and a shared well easement. A boundary line adjustment was valid and no prescriptive easement to land subject to the new boundary line was established. An order to remove a spite fence was proper because the fence interfered with easement rights. A partial award of attorney fees was based on a consideration of the entire history of litigation. Affirmed.
Court: Idaho Supreme Court, Judge: Zahn, Filed On: February 27, 2024, Case #: 49773-2022, Categories: Property, Attorney Fees
J. Feuer finds that the trial court properly held that an attorney should have produced documents in response to a subpoena from the Hollywood Foreign Press Association. But it was error to disqualify the attorney from representing a former member who was suing the association because no evidence showed that the privileged information prejudiced the association, and the disqualification deprived the former member of his right to his choice of counsel. The proper discipline would be a sanction or to report the attorney to the state bar. Reversed.
Court: California Courts Of Appeal, Judge: Feuer, Filed On: February 27, 2024, Case #: B324842, Categories: Privilege, Contract, Attorney Discipline