192 results for 'filedAt:"2024-04-30"'.
J. Bradley finds the circuit court properly denied the biological mother's petition to allow her non-marital partner of more than 10 years to legally adopt her child. The circuit court correctly interpreted the relevant Wisconsin law, which, among other things, prohibits the adoption of a child by someone who is not the spouse of the biological parent. Because Wisconsin's adoption statutes do not involve a fundamental right or a protected class under either the U.S. Constitution or Wisconsin Constitution, and because there is a rational basis for the restrictions in the adoption statute, the mother and partner's challenge under the equal protection clause of the 14th Amendment fails. Affirmed.
Court: Wisconsin Supreme Court, Judge: Bradley, Filed On: April 30, 2024, Case #: 2022AP001334, Categories: Constitution, Family Law
[Consolidated.] J. LaGrua finds that the trial court improperly denied defendants' general demurrers to the indictment charging them with violating their oaths of office as police officers by failing to conduct investigations of other officers. One defendant is the former police chief of Glynn County and the other is the ex-police chief's chief of staff. The facts alleged in the indictments do not support the charge. Defendants' alleged failures to investigate are not violations of the law. Defendants could admit to the facts alleged in the indictment and still be innocent of the crimes alleged by the state. Reversed.
Court: Georgia Supreme Court, Judge: LaGrua, Filed On: April 30, 2024, Case #: S24A0239, Categories: Due Process
J. Peterson finds that the trial court improperly convicted defendant of malice murder, felony murder and aggravated assault for hitting the victim with his car after the two argued over whether the victim threw a golf ball at the vehicle. The trial court incorrectly denied defendant's request to instruct the jury on the defense of accident. There was at least some evidence to support the theory that there was no criminal scheme, including evidence that defendant did not intend to hit the victim and rendered immediate aid. The refusal to give the jury instruction could have contributed to the verdict. Defendant may be retried because the evidence was legally sufficient to support his convictions. Reversed.
Court: Georgia Supreme Court, Judge: Peterson, Filed On: April 30, 2024, Case #: S24A0036, Categories: Murder, Jury Instructions
J. Tunheim partially grants the mobile home park buyer's motion for summary judgment in its suit against the seller. While fact disputes remain as to the terms of the parties' contract, the seller's counterclaims for breach of good faith and fair dealing and breach of contract fail as a matter of law.
Court: USDC Minnesota, Judge: Tunheim, Filed On: April 30, 2024, Case #: 0:23cv1559, NOS: Other Contract - Contract, Categories: Property, Contract
J. Eagles partially grants a medical doctor’s motion for summary judgment in her suit against the state for its strict regulatory laws regarding Mifeprex, an abortion-inducing drug. While the FDA eased restrictions on the drug in 2007, North Carolina kept the same restrictions and added more to its own legislation, which now conflict with federal law. However, federal law in this case trumps state law. Thus, the state provisions requiring physician-only prescribing; in-person prescribing, dispensing and administering; scheduling of an in-person follow-up appointment; and non-fatal adverse event reporting are unconstitutional.
Court: USDC Middle District of North Carolina, Judge: Eagles, Filed On: April 30, 2024, Case #: 1:23cv77, NOS: Constitutionality of State Statutes - Other Suits, Categories: Civil Rights, Constitution, Health Care
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J. Bashant finds in favor of BMW on the driver's warranty claims related to the used BMW she purchased from a used car dealership not affiliated with BMW. A used vehicle sold with a remaining balance on the original manufacturer's warranty is not a new vehicle under the Song-Beverly Consumer Warranty Act. Because all of the driver's claims rely on her vehicle being a new vehicle, they are legally foreclosed.
Court: USDC Southern District of California, Judge: Bashant, Filed On: April 30, 2024, Case #: 3:22cv1749, NOS: Other Contract - Contract, Categories: Warranty, Contract
J. Ellington finds that the trial court properly convicted defendant of murder and cruelty to children. The trial court did not commit any error by allowing the state to repeatedly introduce evidence of the victim's previous head injuries without instructing the jury that the parties had agreed that defendant did not cause those injuries. The trial court correctly instructed the jury on prior difficulties between defendant and the 23-month-old victim. Affirmed.
Court: Georgia Supreme Court, Judge: Ellington, Filed On: April 30, 2024, Case #: S24A0139, Categories: Murder, Child Victims, Jury Instructions
J. LaGrua finds that the trial court properly convicted defendant of murder, aggravated assault and firearm offenses. The trial court correctly refused to instruct the jury on voluntary manslaughter because the evidence did not support the charge. Sufficient evidence was presented to support defendant's aggravated assault and firearm possession convictions and to allow the jury to find that defendant was involved in a second shooting. Defendant failed to show that his trial counsel's performance was deficient. Affirmed.
Court: Georgia Supreme Court, Judge: LaGrua, Filed On: April 30, 2024, Case #: S24A0352, Categories: Ineffective Assistance, Murder, Assault
Per curiam, the Supreme Court of Ohio denies the inmate's motion to strike a combined filing made by the common pleas court judge. The filing did not require him to respond to both issues at the same time and, although he filed a late response to one of the claims made by the judge, his failure to comply with deadlines was not the result of prejudice. However, because the inmate prevailed on the merits of one of his numerous filings, the lower court erroneously granted the judge's request to declare him a vexatious litigator. Reversed in part.
Court: Ohio Supreme Court, Judge: Per curiam, Filed On: April 30, 2024, Case #: 2024-Ohio-1614, Categories: Criminal Procedure, Judiciary
J. Moore grants the El Salvadoran immigrant's petition for review of his removal order, ruling the immigration panel erroneously considered him statutorily ineligible for cancellation of removal as a result of his Tennessee domestic violence conviction. That crime does not necessarily involve the use of physical force and, therefore, is not a crime of violence.
Court: 6th Circuit, Judge: Moore, Filed On: April 30, 2024, Case #: 23-3004, Categories: Civil Procedure, Immigration
J. Johnson grants a request by a city-parish, compelling an alleged rape victim at a Louisiana college to supplement “vague” and “evasive” responses about her communications with an online “group chat” of women who allege they were sexually assaulted by the same predatory student at three universities. Because counsel for the litigant previously agreed to provide most of the information sought, the alleged rape victim must provide the Lafayette government with a privilege log, including a reason why certain information should be redacted.
Court: USDC Middle District of Louisiana, Judge: Johnson, Filed On: April 30, 2024, Case #: 3:22cv338, NOS: Education - Civil Rights, Categories: Education, Evidence, Discovery
J. Yarbrough grants, in part, the fired employee's motion to compel discovery, ruling the employer must produce documents related to disciplinary investigations of other employees during the same time frame to allow the fired employee to collect comparator data.
Court: USDC New Mexico, Judge: Yarbrough, Filed On: April 30, 2024, Case #: 1:23cv113, NOS: Federal Employers’ Liability - Torts - Personal Injury, Categories: Tort, Negligence, Discovery
J. Cole denies, in part, the payroll company's motion to dismiss, ruling that while the previous state court lawsuit filed by the trucking company involved the same parties and issues, its dismissal was not a decision on the merits that would preclude the trucking company from filing this federal lawsuit. However, because the unjust enrichment claim is based on the same conduct as the contract claim and is governed exclusively by the terms of the contract, it must be dismissed as duplicative.
Court: USDC Southern District of Ohio, Judge: Cole, Filed On: April 30, 2024, Case #: 1:23cv655, NOS: Other Contract - Contract, Categories: Civil Procedure, Contract
J. Bumb finds for a law firm in claims contending a paralegal had been treated differently than younger employees and laid off due to a reduction-in-force because evidence indicated the paralegal entered an associate's office and took a file without permission, and that she had worked remotely without permission. Meanwhile, she failed to present evidence of racial discrimination, that she had applied for positions that had been filled by other employees, or that she had been replaced by a younger worker after being laid off.
Court: USDC New Jersey, Judge: Bumb , Filed On: April 30, 2024, Case #: 1:15cv8083, NOS: Employment - Civil Rights, Categories: Employment, Employment Discrimination
J. Rush finds that the trial court improperly ruled in a forfeiture claims because evidence indicates defendant's aunt was the owner of the confiscated money and that the cash was not tied to criminal activity. Meanwhile, the court failed to make findings that the aunt was lying. Reversed.
Court: Indiana Supreme Court, Judge: Rush, Filed On: April 30, 2024, Case #: 23S-MI-345, Categories: Evidence, Forfeiture
J. Pyle finds that defendant was properly convicted of battery. Defendant waived his argument to challenge testimony provided by a doctor because he objected on different grounds during trial. Meanwhile, any error regarding the evidence would be harmless in light of the totality of the facts surrounding the severity of the victim's injuries. Affirmed.
Court: Indiana Court Of Appeals, Judge: Pyle, Filed On: April 30, 2024, Case #: 23A-CR-2367, Categories: Evidence, Battery, Experts
J. Rothstein dismisses the job applicant's class action alleging that the furniture company violated Washington law by not posting the wage scale or salary of its job opening. The job applicant fails to state his claim because while intangible injuries like the omission of statutorily required information can be concrete, the job applicant actually alleges a technical violation because the job posting's lack of information does not harm or create a material risk of harm to any single person's concrete interest.
Court: USDC Western District of Washington, Judge: Rothstein, Filed On: April 30, 2024, Case #: 2:23cv1742, NOS: Employment - Civil Rights, Categories: Civil Rights, Employment, Class Action
J. Thacker finds the lower court properly convicted the defendant of two counts of murder with a firearm during the commission of a drug trafficking crime and one count of killing a witness to prevent communication with law enforcement. The defendant robbed a fellow drug dealer before killing her and her 7-year-old son, whom he feared would testify. The defendant contends his rights were violated when investigators used a cell site simulator to obtain his location. The combination of his number being the last the deceased dialed and him being the last to see her, according to her family, is enough probable cause to believe that the location information sought is evidence of, or will lead to evidence of, the misdemeanor or felony being investigated. Affirmed.
Court: 4th Circuit, Judge: Thacker, Filed On: April 30, 2024, Case #: 23-4013, Categories: Drug Offender, Evidence, Murder
J. Harris finds the lower court properly dismissed the investors' complaint for lack of jurisdiction. The investors accuse a family from Ghana living in Virginia of a sprawling scheme to defraud Ghanaian investors of millions of dollars. They claim the family would solicit funds from investors in Ghana and promise to distribute them as microfinance loans to small family businesses and individuals in Africa. In theory, the loans would stimulate African economies while also earning interest for the investors. But the investors claim In practice, they simply took the money. The injuries suffered were not in America but rather in Ghana. Affirmed.
Court: 4th Circuit, Judge: Harris, Filed On: April 30, 2024, Case #: 23-1309, Categories: Fraud, International Law, Banking / Lending
J. Agee finds the lower court improperly rejected the inmate's request for a new trial on perjury charges. The inmate argued he deserved a new trial because his counsel was ineffective for failing to appeal erroneous jury instructions. The state agrees that counsel was ineffective on this issue and the inmate is entitled to a new trial. Reversed.
Court: 4th Circuit, Judge: Agee, Filed On: April 30, 2024, Case #: 22-6272, Categories: Habeas, Ineffective Assistance, Jury Instructions
J. Rushing finds the lower properly increased the mandatory minimum sentence for numerous federal drug and firearm offenses. The defendant argued that the judicial factfinding the judge participated in violated his Sixth Amendment right to a jury trial. The judge could find out the defendant had a prior conviction without a jury necessary. Affirmed.
Court: 4th Circuit, Judge: Rushing, Filed On: April 30, 2024, Case #: 21-4299, Categories: Drug Offender, Fair Trial, Judiciary
J. Jones finds the district court improperly awarded more than $1.6 billion in contract and fraudulent inducement damages. The competing software companies entered into a licensing and outsourcing agreement authorizing IBM to use the other company's software. This led to AT&T, a customer of the other software company, entering into a relationship with IBM to replace its software. Though a certain non-displacement provision prevented IBM from displacing the other company's software with its own, the relevant phrase, “other valid business reasons,” allows for the displacement at AT&T’s request. Reversed.
Court: 5th Circuit, Judge: Jones , Filed On: April 30, 2024, Case #: 22-20463, Categories: Fraud, Contract, Technology
J. Goldberg finds that the lower court properly dismissed plaintiff’s motion to access the sentencing transcript after a juvenile was found delinquent following a fatal motor vehicle incident because the denial did not constitute an abuse of discretion. Affirmed.
Court: Rhode Island Supreme Court, Judge: Goldberg, Filed On: April 30, 2024, Case #: 22-302, Categories: Juvenile Law