38,956 Judicial Opinions in CasePortal
J. Lawrence finds that the trial court did not abuse its discretion when it denied defendant's request for a self-defense jury instruction because both the shooting victim's testimony and surveillance footage from outside a Walmart indicated defendant was at fault for and instigated the shootout when he yelled at the victim from across a parking lot and advanced in his direction with a gun. Affirmed.
Court: Mississippi Court of Appeals, Judge: Lawrence, Filed On: January 14, 2025, Case #: 2023-KA-1111, Categories: Assault, Self Defense, Jury Instructions
J. Carlton finds that the lower court did not abuse its discretion when it granted the private school's petition for a restraining order against the former employee because it has a "substantive legal right" to ensure the safety of its staff and students, which allowed it to take legal action after the employee sent a bouquet of flowers with a threatening message. The threat included with the flowers, when coupled with the employee's previous behavior after his termination, gave the school a legitimate reason to believe he intended to harm someone and satisfied all the legal requirements for the injunction issued by the court. Affirmed.
Court: Mississippi Court of Appeals, Judge: Carlton, Filed On: January 14, 2025, Case #: 2022-CA-1219, Categories: Education, Restraining Order
J. Carlton finds that the trial court did not abuse its discretion when it precluded defendant from questioning a witness about a prior forgery conviction because the offense occurred over two decades in the past, while the witness was not crucial to the state's case and there were no inconsistencies in his testimony that would have rendered the conviction relevant. Affirmed.
Court: Mississippi Court of Appeals, Judge: Carlton, Filed On: January 14, 2025, Case #: 2023-KA-178, Categories: Evidence, Assault, Witnesses
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J. Mitchell finds that the lower court properly awarded the tech company $18.9 million for extra work performed on a contract for building the state's Medicaid portal known as the Missouri Eligibility Determination and Enrollment System. The state filed to preserve its constitutional challenge to the extra work doctrine. Further, the court did not err in awarding prejudgment interest on the company's damages. Affirmed.
Court: Missouri Court of Appeals, Judge: Mitchell, Filed On: January 14, 2025, Case #: WD86036, Categories: Constitution, Damages, Contract
J. Witt finds that the lower court properly denied defendant's post-conviction motion alleging ineffective assistance of counsel at sentencing where he received a 15-year sentence for shooting up a house. Defendant asserts his counsel failed to call an expert witness to testify about his mental issues and the abuse he suffered as a child. However, he cannot show he was prejudiced by his counsel's alleged error, as the court already knew about defendant's substance abuse and mental health diagnoses. Affirmed.
Court: Missouri Court of Appeals, Judge: Witt, Filed On: January 14, 2025, Case #: WD86799, Categories: Firearms, Ineffective Assistance, Sentencing
J. Horton finds that the lower court properly denied defendant's dismissal motion after he was charged with criminal OUI. Defendant argues that he is immune from prosecution under the state's Good Samaritan law, after a driver asked the police to check on defendant's parked vehicle on the side of an interstate exit. However, the circumstances of the case do not satisfy the statute's requirements. The arresting officer did not view the situation as a medical emergency, and no medical assistance was required. Affirmed.
Court: Maine Supreme Court, Judge: Horton, Filed On: January 14, 2025, Case #: 2025ME4, Categories: Criminal Procedure, Dui
J. Hanni finds the lower court improperly modified the divorced couple's shared parenting plan. While it relied on evidence provided by a guardian ad litem, neither of the parents was able to question or cross-examine the guardian at trial. Therefore, the case will be remanded to allow for proper questioning of the guardian ad litem, while the court must also review a $50,000 withdrawal made by the husband shortly after it entered an initial asset freeze at the outset of the divorce. Reversed in part.
Court: Ohio Court of Appeals, Judge: Hanni, Filed On: January 14, 2025, Case #: 2025-Ohio-88, Categories: Civil Procedure, Family Law, Due Process
J. Rose finds that defendant, a Mexican national who was deported after being indicted for endangering the welfare of a child and criminal sexual contact, must be allowed to appear virtually for all court appearances so that he will be able to contest the charges that led to his deportation. Although defendant's removal from the country prohibits the court from enforcing any sentence against him, this does not outweigh defendant's right to a speedy trial. Reversed in part.
Court: New Jersey Supreme Court, Judge: Rose, Filed On: January 14, 2025, Case #: A-3169-23, Categories: Immigration, Sex Offender, Speedy Trial
J. Brennan finds the district court properly found in favor of the hospital. The insurance company filed for declaratory judgment when the hospital attempted to collect on damages awarded the hospital in a settlement on a contract breach suit. The insurance company had defended the software consultant when the hospital sued after the consultant failed to implement agreed-upon software. Though the insurance company entered into a partial settlement, the hospital prevailed on other claims at trial. The settlement permits recovery for claims not covered by the consultant's policy. The settlement does not prevent the hospital from recovering on a claim the insurer is not required to indemnify. Affirmed.
Court: 7th Circuit, Judge: Brennan, Filed On: January 14, 2025, Case #: 24-1056 , Categories: Health Care, Insurance, Contract
J. Lee finds the district court properly rejected the inmate's motion for recruitment of counsel. Due to various health complaints, the inmate was seen, diagnosed and treated by various prison physicians. Though several of the physicians misdiagnosed the inmate with irritable bowel syndrome, diabetes and pulmonary disease, the evidence indicates no deliberate indifference by these physicians. Another physician who diagnosed the inmate with hepatitis concedes that his appeal as to his claims of deliberate indifference toward her have merit. When she told him that no medication was available for his hepatitis, he told her that she would "rather save a dollar than a life," to which she replied, "that's the way it is." He has shown no greater likelihood of success if he were assigned a lawyer. Affirmed in part. Vacated in part.
Court: 7th Circuit, Judge: Lee, Filed On: January 14, 2025, Case #: 21-1646 , Categories: Civil Rights, Health Care, Prisoners' Rights
J. Gleason denies two motions to dismiss in an airline pilot's lawsuit against a labor union and his former employer. When the pilot was fired by his former employer for performance deficiencies, the labor union did little to fight on behalf of the pilot, claiming the settlement agreement offered by the employer was the "most favorable resolution of an unwinnable case." The pilot initiated a lawsuit against the labor union and his former employer, alleging airline employees have a statutory right to access arbitration. Both parties filed a motion to dismiss the complaint, claiming the pilot's right to compel arbitration must be backed by the labor union and that it requires a private cause of action. Both motions are illegitimate claims and the pilot has a protected right to pursue arbitration. Denied.
Court: USDC Alaska, Judge: Gleason, Filed On: January 14, 2025, Case #: 3:24cv53, NOS: Railway Labor Act - Labor, Categories: Arbitration, Employment
J. Gleason denies two motions for summary judgment and both grants in part and denies in part a third motion for summary judgment in an insurance lawsuit. When five of six individuals were killed in a helicopter crash at a lodge, the insurance company for the lodge reached a settlement agreement with the surviving individual. The individual then sued the lodge, leading to the insurance company filing a lawsuit against the lodge to determine its obligations to indemnify. The lodge moved for a judgment that the insurance company owes a duty of indemnity to both the surviving individual and the lodge, and the insurance company cross-moved for declaratory relief. The lodge's motions are mostly denied, as further litigation is required. The insurance company's motion for declaratory relief is granted, however, as the insurance company no longer owes a duty of defense or indemnity to individuals covered under the insurance policy.
Court: USDC Alaska, Judge: Gleason, Filed On: January 14, 2025, Case #: 3:23cv146, NOS: Insurance - Contract, Categories: Insurance
J. Emfinger finds that witness testimony about defendant's statements in the leadup to the fatal stabbing - including that the victim was "going to learn today" and that he was "going to kill this mother fucker" - proved his intent to commit murder and was sufficient for the jury to convict him. Affirmed.
Court: Mississippi Court of Appeals, Judge: Emfinger, Filed On: January 14, 2025, Case #: 2023-KA-1376, Categories: Evidence, Murder
J. Cruser affirms the hearing examiner's decision to admit the driver's blood test results into evidence so that the Department of Licensing could suspend her driver's license for driving under the influence. The driver argues against including the blood test results because the vials used to store her blood expired on Nov. 30, 2021 but were tested in May 2022, but the driver cites a statute that does not require testing blood in test tubes before the tubes expire. Affirmed.
Court: Washington Court of Appeals, Judge: Cruser, Filed On: January 14, 2025, Case #: 58434-4, Categories: Licensing, Vehicle
J. Henderson finds that the Federal Energy Regulatory Commission properly denied the environmental group's request to require the removal of two dams as a condition of the hydroelectric project's surrender of its license. The removal of the dams could cause major water issues for the local population. Affirmed.
Court: DC Circuit, Judge: Henderson, Filed On: January 14, 2025, Case #: 23-1291, Categories: Energy, Government, Water
J. Baker compels the vehicle owner to arbitrate his individual claims in his complaint accusing CarMax Auto Superstores of failing to perform its advertised 125+ point inspections on three vehicles he purchased. A valid arbitration agreement exists and an arbitrator must determine whether the owner's claims are within the scope of the agreement. However, the owner's request for injunctive relief in the form of prohibiting CarMax from falsely advertising its inspections should be decided in a judicial forum and not in arbitration.
Court: USDC Eastern District of California, Judge: Baker, Filed On: January 14, 2025, Case #: 1:24cv854, NOS: Other Contract - Contract, Categories: Arbitration, Contract, False Advertising
J. Emfinger finds that the trial court did not abuse its discretion when it denied defendant's motion for a mistrial after the prosecution asked his mother about the death another one of her children because the court immediately sustained his attorney's objection, excused the jury from the courtroom, and allowed the witness to compose herself before the trial resumed. Affirmed.
Court: Mississippi Court of Appeals, Judge: Emfinger, Filed On: January 14, 2025, Case #: 2023-KA-461, Categories: Robbery, Vehicle, Witnesses
[Consolidated.] J. Lawrence finds that there is insufficient evidence to determine whether the $260,000 payment made by the losing party's attorney to the prevailing party's attorney was voluntary or compelled through a charging order, and so the case must be remanded for further analysis. The judgment from an Ohio court involving the parties was rescinded after an appeals court ruling, but language in the letter from the losing party's attorney puts into question whether his payment was made voluntarily. Reversed.
Court: Mississippi Court of Appeals, Judge: Lawrence, Filed On: January 14, 2025, Case #: 2023-CA-548, Categories: Civil Procedure, Settlements
J. McCarty finds that the lower court did not abuse its discretion when it found the wife in contempt for her failure to pay medical bills on behalf of her children because she received timely notice of all the bills, provided no evidence to dispute she failed to pay, and could not prove she was indigent or unable to make the payments. Affirmed.
Court: Mississippi Court of Appeals, Judge: McCarty, Filed On: January 14, 2025, Case #: 2022-CA-1258, Categories: Contempt, Evidence, Family Law
J. Lawrence finds that the lower court did not abuse its discretion when it removed the decedent's biological father as a beneficiary of her estate and precluded him from receiving damages from her wrongful death lawsuit because testimony established he was not there at the time of her birth, never signed her birth certificate, and refused to support her until paternity was established over a year later. Affirmed.
Court: Mississippi Court of Appeals, Judge: Lawrence, Filed On: January 14, 2025, Case #: 2023-CA-1262, Categories: Family Law, Wills / Probate, Wrongful Death
J. Boasberg denies the Washington Post's application to unseal a grand jury subpoena related to an investigation into whether a foreign-owned corporation provided funds to Donald Trump during his 2016 presidential campaign. The Post argued that because the investigation has since closed and media reports claim that the foreign corporation is the National Bank of Egypt. However, unsealing the remainder of the investigation would improperly chill future witnesses from working with a grand jury, requiring the application be denied.
Court: USDC District of Columbia, Judge: Boasberg, Filed On: January 14, 2025, Case #: 1:24cv115, NOS: Other Statutory Actions - Other Suits, Categories: Public Record
J. Simon finds that the district court properly dismissed a trade dress infringement claim but improperly dismissed a copyright claim concerning the copyrightability of "kinetic and manipulable sculptures" or sculptures with movable pieces. The sculptures in question are made of curved tubular segments that can be twisted or turned where any two segments connect which can create different poses. An upscale retail store operator decorates store windows with these sculptures. A company copyrighted a number of sculptures in this style, however, the store's sculptures are larger and a different color. The company alleged only copyright infringement in the original complaint but added trade dress infringement in a second amended complaint following dismissal. The company adequately alleged copyright claims for seven kinetic and manipulable sculptures, and while the works can be moved in to various positions, they were not “fixed” in a tangible medium for copyright. The lower court properly dismissed the claim of trade dress infringement for "failure to give adequate notice of the asserted trade dress." Affirmed in part.
Court: 9th Circuit, Judge: Simon, Filed On: January 14, 2025, Case #: 23-3707, Categories: Copyright
