120 results for 'filedAt:"2024-03-04"'.
J. Luckert finds a lower court improperly used statements submitted by a minor child in a police interview in court. A police officer argued that he did not use coercive tactics to gain information from the 16-year-old, who was accused of molesting his younger step-sister. However, the state presented sufficient evidence in court that the police interrogation violated due process based on the child's involuntary statements. Reversed.
Court: Kansas Supreme Court, Judge: Luckert, Filed On: March 4, 2024, Case #: 124676, Categories: Civil Rights, Constitution
J. Jensen denies a pro se litigant’s motion to disqualify the Illinois Attorney General’s Office and an Illinois assistant attorney general. The litigant claims an assistant attorney general conspired with law enforcement officials in 2017 to wrongfully arrest him, fabricate evidence against him and ensure his conviction in an underlying bogus criminal case. Though a court eventually vacated his conviction, this court finds the litigant has not sufficiently shown how the assistant attorney general acted unethically.
Court: USDC Northern District of Illinois, Judge: Jensen, Filed On: March 4, 2024, Case #: 3:22cv50041, NOS: Constitutionality of State Statutes - Other Suits, Categories: Constitution, Malicious Prosecution, Police Misconduct
Per curiam, the U.S. Supreme Court finds that the Colorado Supreme Court improperly excluded Donald Trump from the 2024 election ballot for inciting a fatal and destructive riot after he lost the 2020 election because only Congress has the power to declare someone ineligible for becoming president under the fourteenth amendment. Reversed.
Court: US Supreme Court, Judge: Per curiam, Filed On: March 4, 2024, Case #: 23-719, Categories: Constitution, Elections, Government
J. Tunheim partially grants summary judgment to the credit reporting agency in the consumer's suit alleging that it failed to remove information about an alleged debt from her credit report after a state court found that the creditor could not establish that it owned the debt. The consumer has not met her prima facie burden to show that the creditor was an unreliable source of credit information, nor that any violations of the Fair Credit Reporting Act. Material fact questions persist as to whether the credit reporting agency's information was accurate, whether it reasonably reinvestigated the consumer's disputes and whether the consumer suffered actual damages.
Court: USDC Minnesota, Judge: Tunheim, Filed On: March 4, 2024, Case #: 0:22cv86, NOS: Consumer Credit - Other Suits, Categories: Evidence, Consumer Law
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J. Friedman, upon remand from the D.C. Circuit, excludes certain exhibits in a group of purchasers of rail freight services' antitrust against railway companies. The D.C. Circuit determined that internal documents concerning interline movements are inadmissible.
Court: USDC District of Columbia, Judge: Friedman, Filed On: March 4, 2024, Case #: 1:07mc489, NOS: Antitrust - Other Suits, Categories: Antitrust, Transportation, Discovery
Per curiam, the circuit finds the district court improperly denied the group of insurance companies’ motion to compel arbitration. After the property owner was denied full coverage by various insurers for property damage sustained in a hurricane, he filed suit alleging all the insurers engaged in the same breach of contract. Certain involved insurers are domestic and signatory to the Convention on the Recognition and Enforcement of Arbitral Awards, while others are not. Equitable estoppel can allow the non-signatory foreign companies to a contract with an arbitration clause to compel arbitration with signatories. The district court failed to apply the proper “interdependent and concerted misconduct” test. Reversed.
Court: 5th Circuit, Judge: Per curiam, Filed On: March 4, 2024, Case #: 23-30171, Categories: Insurance, International Law, Contract
J. Vigil finds the appeals court erroneously vacated defendant's child pornography convictions because the state provided sufficient evidence to prove the mens rea of each crime, including the production of child pornography. Although defendant argued none of the videos stored on his hard drive and shared on a peer-to-peer network included file names to suggest they involved individuals under the age of 18, evidence indicated the videos remained on the hard drive after they were viewed, despite defendant's claim he would delete any child pornography as soon as he discovered it, while the use of an anti-forensic program thousands of times to delete certain files also indicated defendant was aware he downloaded illegal materials. Affirmed.
Court: New Mexico Supreme Court, Judge: Vigil, Filed On: March 4, 2024, Case #: S-1-SC-38300, Categories: Evidence, Sex Offender, Child Pornography
J. Thomson finds that defendant's battery and manslaughter convictions do not violate his double jeopardy rights. Although they all stemmed from the same course of conduct, defendant used multiple weapons, including a bat, handgun and rifle, while there were also breaks in the attack that rendered each act separate and distinct. The state also proved defendant's mental state changed during the assault based on his own testimony that, at the outset, he did not intend to shoot or kill anyone, which also proves each offense was based on distinct conduct. Affirmed in part.
Court: New Mexico Supreme Court, Judge: Thomson, Filed On: March 4, 2024, Case #: S-1-SC-38910, Categories: Double Jeopardy, Battery, Manslaughter
J. Readler denies the Mexican immigrant's petition for review of the Board of Immigration Appeals' denial of her asylum application, ruling "restaurant owner" is not a particular social group that can be afforded relief from deportation. Although the immigrant was harassed and threatened by gangs shortly after she opened her restaurant in Mexico, "business owners" is not a definable group and has no unifying characteristic that could render it protected under federal immigration; therefore, the board properly denied her application. Affirmed.
Court: 6th Circuit, Judge: Readler, Filed On: March 4, 2024, Case #: 23-3664, Categories: Evidence, Immigration
J. Hilton grants summary judgment to the airline on claims they violated the Americans with Disabilities Act. The employee suffered a sexual assault on the job in 2014 that left her with post-traumatic stress disorder. She spent three years using her medical, short-term and long-term leave but ran out in 2017. In applying for an unpaid leave of abenses the employee failed to provide the proper medical information to the air line leaving her unpaid leave application unapproved. Three more years pass and the employee believes she did get approved for her unpaid leave while the airline discovered they hadn't terminated her due to a administrative oversight. The airline then officially terminated her employment in 2020 for the justifiable reason that she had not attended work in years and attendance is a essential function of her job.
Court: USDC Eastern District of Virginia, Judge: Hilton , Filed On: March 4, 2024, Case #: 1:23cv113, NOS: Amer w/Disabilities - Other - Civil Rights, Categories: Ada / Rehabilitation Act, Employment Discrimination, Employment Retaliation
J. Holcomb grants the consumer electronics company judgment on the pleadings regarding the technology company's complaint that the former's "Wi-Fi compatible" products infringe on the latter's patent entitled, "Method and Apparatus for Decoding Transmission Signals in a Wireless Communication System." The technology company's patent does not qualify as an inventive concept because the specification of the patent indicates that it is made of conventional methods and arithmetic averaging that was well understood when the technology company invented it.
Court: USDC Central District of California, Judge: Holcomb, Filed On: March 4, 2024, Case #: 8:22cv2310, NOS: Patent - Property Rights, Categories: Patent
J. Liman partially denies the Louisiana law firm's motion to dismiss breach of contract claims stemming from its role in persuading the buyer to sign an escrow agreement for the purchase of $1 million in medical gowns. The buyer sent the initial $113,000 payment, but never received any gowns and the firm never returned the money. The firm is subject to jurisdiction in New York based on its communications into New York with the purpose of completing the transaction.
Court: USDC Southern District of New York, Judge: Liman, Filed On: March 4, 2024, Case #: 1:22cv9586, NOS: Other Contract - Contract, Categories: Fraud, Jurisdiction, Contract
J. Stein denies Senator Menendez's motion to suppress search warrant returns based on alleged misstatements and omissions. The Senator has not shown the omissions were made with deliberate intent to mislead, and the affidavits in support of the warrants need only establish probable cause that fruits of a crime would be found in the search of the Senator's home, even if he was not personally involved in the crime. Further, the warrant was not required to state the Senator's statement that the gold bars believed to be part of a bribe from Egypt actually came from his wife's dead mother.
Court: USDC Southern District of New York, Judge: Stein, Filed On: March 4, 2024, Case #: 1:23cv490, NOS: Miscellaneous Cases - Other Suits, Categories: Search, Bribery
J. Weissmann finds that the trial court properly ruled for the insurer in claims seeking coverage for theft because the policy contained an exclusion for dishonest acts performed by someone entrusted with the property, and theft of the tools had been committed by the company's employee. Affirmed.
Court: Indiana Court Of Appeals, Judge: Weissmann, Filed On: March 4, 2024, Case #: 23A-PL-995, Categories: Insurance, Property
J. Newbern recommends that the defendant company's dismissal motion be granted in this lawsuit brought by a small business owner alleging libel and trademark infringement. The pro se plaintiff fails to state a plausible claim for relief against the defendant company, Alphabet, and the complaint should be dismissed pursuant to Rule 12(b)(6).
Court: USDC Middle District of Tennessee , Judge: Newbern, Filed On: March 4, 2024, Case #: 2:23cv52, NOS: Copyrights - Property Rights, Categories: Civil Procedure, Trademark, Defamation
J. Russell grants two corporate officers’ motion to dismiss this ERISA lawsuit brought by a pension fund, alleging the officers and a corporation failed to pay into its union fund as required under the collective bargaining agreement. Corporate officers “do not become fiduciaries solely by virtue of their corporate position, even if the corporation is a fiduciary, ‘unless it can be shown that they have individual discretionary roles as to plan administration.’” The corporation argues the claim to seek an audit should be dismissed due to the audit request being a remedy and not a cause of action. Therefore, the court finds the complaint does not allege the officers were fiduciaries under ERISA, but the fund and corporation clearly permit an audit of its books and records. The corporation’s motion for partial dismissal is granted.
Court: USDC Maryland, Judge: Russell, Filed On: March 4, 2024, Case #: 1:23cv440, NOS: Employee Retirement Income Security Act (ERISA) - Labor, Categories: Erisa, Pensions
J. Chen grants a non-party creditor’s motion to intervene in a Securities and Exchange Commission enforcement action. The creditor provided the defendant, who is accused of perpetrating an investment scheme, five loans totaling more than $21 million. It requests the release of the loans’ collateral from an asset-freezing preliminary injunction issued in the case, including 11 condominium units and two time certificates of deposits. The creditor argues that, in the time since the debtor made any interest payments on the loans, the value of the properties have decreased considerably, jeopardizing its ability to make back its money. The court finds releasing the assets will help the creditor better protect its financial interests.
Court: USDC Eastern District of New York, Judge: Chen, Filed On: March 4, 2024, Case #: 1:21cv5350, NOS: Securities/Commodities/Exchange - Other Suits, Categories: Debt Collection, Securities
J. Tymkovich finds that the lower court properly denied defendant's motion to suppress evidence regarding his conviction for murder. Defendant's appeal arises from a new ruling finding that a tribal reservation covered more land than was previously thought, leading many crimes that were once thought to have been committed outside tribal jurisdiction to actually have taken place within tribal jurisdiction. Defendant's crimes fall within the group that is influenced by that decision, but his convictions stand The lower court was still within its rights to use evidence and statements gathered from the officers' initial investigation, and all of the officers acted in accordance with the "prevailing factual and legal landscape at the time." Affirmed.
Court: 10th Circuit, Judge: Tymkovich, Filed On: March 4, 2024, Case #: 22-7028, Categories: Murder
J. Grasz finds a lower court properly denied a Mayor and a board of Alderman's motion for summary judgment concerning the termination of two police officers who filed grievances against a police chief for failing to maintain department vehicles and radar equipment. The Mayor and the Alderman argued that they are protected by qualified immunity on the police officers' First Amendment retaliation claims. However, the police officers sufficiently showed in court that they are entitled to relief for making public concern statements outside of their duties as police officers. Affirmed.
Court: 8th Circuit, Judge: Grasz, Filed On: March 4, 2024, Case #: 22-3668, Categories: Employment, Immunity, First Amendment
[Consolidated.] J. Eagan denies the plaintiff company's motion for partial summary judgment and grants the defendant company's cross-motion in this dispute over the propriety of certain fees under the Oklahoma Production Revenue Standards Act. The plaintiff company, which is an Oklahoma well operator, may not charge the defendant company certain maintenance fees "based on the unambiguous terms of the parties' contracts."
Court: USDC Northern District of Oklahoma , Judge: Eagan, Filed On: March 4, 2024, Case #: 4:20cv592, NOS: Other Contract - Contract, Categories: Energy, Contract
J. Patricco denies in part a debt collector's motion to dismiss a couple's Fair Debt Collection Practices Act claims stemming from the debt collector allegedly making dozens of harassing phone calls, including to the couple's places of employment, to collect on a home renovation loan despite the couple informing them that they were represented by counsel and were disputing the debt. The Fair Debt Collection Practices Act claims may proceed through discovery.
Court: USDC Idaho, Judge: Patricco, Filed On: March 4, 2024, Case #: 1:23cv44, NOS: Consumer Credit - Other Suits, Categories: Debt Collection
J. Winmill grants the credit reporting agency's motion for reconsideration regarding an individual's allegations of violation of the Fair Credit Reporting Act by allegedly inaccurately reporting debts on her credit report that were previously discharged in bankruptcy. The court's prior memorandum decision and order is modified, granting summary judgment on the individual's willfulness claim. "A jury could not reasonably conclude that Experian willfully violated the FCRA by continuing to report" the individual's account.
Court: USDC Idaho, Judge: Winmill, Filed On: March 4, 2024, Case #: 1:21cv465, NOS: Consumer Credit - Other Suits, Categories: Bankruptcy, Debt Collection, Consumer Law