27 results for 'judge:"Goldberg"'.
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
J. Goldberg finds that the trial court properly convicted defendant on two counts of first-degree sexual assault and one count of conspiracy to commit first-degree sexual assault, as several issues were not preserved or adequately developed on appeal, and evidence did not support defendant's five remaining contentions of error. Affirmed.
Court: Rhode Island Supreme Court, Judge: Goldberg, Filed On: April 22, 2024, Case #: 22-152, Categories: Criminal Procedure, Sex Offender
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J. Goldberg grants summary judgment of noninfringement of U.S. Patent No. 6,219,730 concerning Bluetooth modules contained in Sony video game controllers because the patent holder failed to prove the module was equivalent to the patent's logic diagram under the function-way-result test.
Court: USDC Delaware, Judge: Goldberg, Filed On: March 25, 2024, Case #: 1:17cv135, NOS: Patent - Property Rights, Categories: Patent
J. Goldberg affirms a lower court judgment ruling in favor of two would-be home buyers, finding the trial court properly awarded them the return of their $31,000 deposit. Contrary to the seller’s assertions, the buyers were ready, willing, and able to close on the sale and the seller is not entitled to the deposit because the seller breached the purchase and sales agreement for the property. Ample facts support the trial court’s decision. Affirmed
Court: Rhode Island Supreme Court, Judge: Goldberg, Filed On: January 16, 2024, Case #: 23-46, Categories: Real Estate, Damages, Contract
J. Goldberg affirms the criminal conviction of a 41-year-old defendant for indecent solicitation of a child, a fictitious girl named Alice created by police investigating internet crimes against children. Although defendant argues the state failed to present a date of birth for Alice, evidence is clear defendant was planning to meet a 14-year-old child with whom he had communicated regarding sexual penetration. Affirmed.
Court: Rhode Island Supreme Court, Judge: Goldberg, Filed On: January 16, 2024, Case #: 22-296, Categories: Sex Offender, Child Victims
J. Goldberg grants the secretary of commerce’s motion for summary judgment against an employee who alleged disability discrimination. The employee, who filed pro se, failed to state a claim for relief.
Court: USDC Eastern District of Pennsylvania, Judge: Goldberg, Filed On: November 28, 2023, Case #: 2:21cv3647, NOS: Employment - Civil Rights, Categories: Employment, Employment Discrimination, Employment Retaliation
J. Goldberg finds that the lower court properly allowed a mother to permanently move to Massachusetts with the parties' child because evidence indicates that the finding serves the child's best interests. Affirmed.
Court: Rhode Island Supreme Court, Judge: Goldberg, Filed On: November 3, 2023, Case #: 22-269, Categories: Family Law
J. Goldberg grants a hospital's motion to dismiss a pro se litigant's disability discrimination suit against it for diagnosing her with a psychological disorder after she came into the facility with complaints of neck pain. The litigant -- who also said in the complaint she has been followed, held as a slave, and that her mother is Queen Elizabeth -- has failed to state a claim for relief.
Court: USDC Eastern District of Pennsylvania, Judge: Goldberg, Filed On: September 20, 2023, Case #: 2:23cv2730, NOS: Other Civil Rights - Civil Rights, Categories: Ada / Rehabilitation Act, Medical Malpractice, Employment Discrimination
J. Goldberg finds that the trial court properly found for plaintiff in wrongful termination claims brought against the Woonsocket Police Department. The superior court had jurisdiction to issue declaratory relief, and plaintiff’s admission to certain facts in Massachusetts district court did not constitute a guilty plea. Affirmed.
Court: Rhode Island Supreme Court, Judge: Goldberg, Filed On: July 17, 2023, Case #: 21-332, Categories: Employment, Jurisdiction
J. Goldberg finds that the trial court improperly dismissed claims challenging the decision denying a refund exceeding $4.2 million for motor fuel taxes assessed on the purchase and sale of 300,000 barrels of oil. The decision imposing the tax after denying plaintiff a certificate as a motor fuel distributor provided standing, and the parties to the settlement lacked incentive to challenge the tax, since plaintiff was required to reimburse such under the terms of the contract. Meanwhile, the doctrine of administrative finality did not apply because such requires denial of the initial application for tax relief.
Court: Rhode Island Supreme Court, Judge: Goldberg, Filed On: July 14, 2023, Case #: 21-116, Categories: Administrative Law, Settlements, Tax
[Consolidated.] J. Goldberg affirms a Superior Court ruling dismissing consolidated complaints against Roman Catholic bishops in Rhode Island by three alleged victims of sexually abusive priests as time-barred, after determining that the church officials fell within the state law classification of non-perpetrator, even if their conduct, as the litigants contend, would be subject to criminal prosecution. The alleged victims argue that the accused Catholic bishops are criminally responsible as perpetrators of the sex crimes committed against them, based on the officials’ own conduct. However, state legislators “deliberately drew a clear dichotomy between perpetrator and non-perpetrator defendants for retroactive application of the statute of limitations.” Affirmed.
Court: Rhode Island Supreme Court, Judge: Goldberg, Filed On: June 30, 2023, Case #: 21-32, Categories: Sex Offender, Conspiracy, Child Victims
J. Goldberg finds the trial judge abused her discretion by allowing the sole remaining physician sued for malpractice by a deceased patient’s estate to compel production of a complete, unredacted settlement agreement with a Rhode Island hospital and his fellow doctors. The amount that the settling doctors agreed to pay is not relevant to a determination of the remaining physician’s liability at trial.
Court: Rhode Island Supreme Court, Judge: Goldberg, Filed On: June 27, 2023, Case #: 2022-22, Categories: Settlements, Discovery, Medical Malpractice
J. Goldberg affirms on appeal a trial justice’s rulings against a defendant arising from his conviction for multiple armed robberies. The defendant argued the trial justice erred by failing to exclude certain statements he made regarding firearms, which he characterized as “hammers,” during a post-arrest police interview. The trial justice noted that the transcript of the interview was “filled with and interspersed with [defendant] talking about buying and selling a gun or guns; a hammer, as he calls it.” The trial justice explained that “these are statements from the defendant’s own mouth,” which “cuts against him.” The justices see no abuse of discretion by the trial court in admitting the statements into evidence. Affirmed.
Court: Rhode Island Supreme Court, Judge: Goldberg, Filed On: June 20, 2023, Case #: 2021-218, Categories: Evidence, Fair Trial, Firearms
J. Goldberg affirms a trial court’s evidentiary rulings against a defendant ultimately convicted of auto theft and being a probation violator, rejecting the defendant’s assertion the trial justice erred by failing to suppress certain evidence collected as a result of a warrantless search that police homicide detectives conducted of his real-time cell-site location information (CSLI). The trial justice “clearly erred” in determining how much time it would have taken the detectives to obtain a warrant for defendant’s real-time CSLI, “we conclude that there was a ‘compelling necessity for immediate action’ that would not brook the delay of obtaining a warrant.” Based on additional evidence, any error in denying defendant’s request to suppress his CSLI was “harmless beyond a reasonable doubt.”
Court: Rhode Island Supreme Court, Judge: Goldberg, Filed On: June 20, 2023, Case #: 2019-388, Categories: Constitution, Murder, Search