153 results for 'filedAt:"2024-03-01"'.
J. Wilson finds a lower court properly sentenced a defendant to a 40 year to life sentence after he was convicted for murder. The defendant argued that he is entitled to a sentencing modification, and that he never received a reply from the court clerk. However, the government sufficiently showed in court that he received an order in the mail and that his claims are untimely. Affirmed.
Court: Kansas Supreme Court, Judge: Wilson, Filed On: March 1, 2024, Case #: 122246, Categories: Murder, Sentencing
Per curiam. The Kansas Supreme Court finds a lower court properly disciplined Leon J. Davis for failing to disclose a felony DUI to the office of the disciplinary administrator. The attorney argued that he experienced a "miraculous" turnaround since his arrest for drunk driving. However, the imposed two- year suspension is based on the severity of his offense. Affirmed.
Court: Kansas Supreme Court, Judge: Per curiam, Filed On: March 1, 2024, Case #: 126479, Categories: Attorney Discipline
J. Jones grants a former employee’s motion for a protective order in this employment dispute brought against the city and its light department regarding religious discrimination. The employee alleges she was fired after her supervisor refused to accommodate religious exemption requests for the state’s Covid-19 vaccine requirement. The city then requested school records of the employee’s minor child, and she argues the records are beyond the scope of litigation and the minor child’s privacy should be protected. Therefore, the parties shall redact the child’s name and birthdate and use initials only. The court grants the city’s motion to compel for the former employee to answer each deficient interrogatory and request for production.
Court: USDC Western District of Washington, Judge: Jones, Filed On: March 1, 2024, Case #: 2:22cv1668, NOS: Employment - Civil Rights, Categories: Privacy, Discovery, Employment Discrimination
J. Hull finds that the district court properly dismissed the insured's class action breach of contract claim premised on the theory that the insurer had a duty to periodically reassess its cost of insurance rates but did not do so during the class period. The claim arose out of a dispute over a life insurance policy. However, the district court improperly dismissed the breach of contract claim premised on an alternative theory that the insurer chose to reassess its rate scale during the class period and violated the policy by ignoring its expectations as to future mortality experience and failing to base the insured's rates on those improving expectations. Reversed in part.
Court: 11th Circuit, Judge: Hull, Filed On: March 1, 2024, Case #: 22-12991, Categories: Insurance, Contract
J. Miskel finds that the lower court properly terminated the mother's parental rights to two children. Contrary to the mother's argument on appeal, the evidence sufficiently supports the lower court's best interest finding. The mother failed to appear for trial, and the evidence indicated a history of drug use, as well as a failure to consistently comply with drug testing. Also, her living location was unknown to the Texas Department of Family and Protective Services, and she was not employed "the last time the caseworker spoke with her." Affirmed.
Court: Texas Courts of Appeals, Judge: Miskel, Filed On: March 1, 2024, Case #: 05-23-00879-CV, Categories: Civil Procedure, Evidence, Family Law
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J. Acree finds that the board of education was properly granted summary judgment in a student's claims that he had been battered by a security officer. The student attempted to leave school while intoxicated and was legally restrained by the officer and a coach while screaming and resisting the restraint. Affirmed.
Court: Kentucky Court Of Appeals, Judge: Acree, Filed On: March 1, 2024, Case #: 2021-CA-1311-MR, Categories: Education, Immunity, Negligence
J. Rogers reverses, in part, the district court's finding for the Secretary of the Department of Commerce on a group of commercial fishers' challenge to a final rule that modified the allocation of red group between the recreational and commercial sectors. The Fisheries Service must address whether the economic analysis used to support the final rule is sufficiently different than the one used to support a formerly discredited final amendment.
Court: DC Circuit, Judge: Rogers, Filed On: March 1, 2024, Case #: 23-5026 , Categories: Administrative Law, Commerce, Environment
Per curiam, the Ninth Circuit orders that a matter be reheard. The previous three-judge panel opinion is vacated. The matter involves an alleged fraudulent effort to elicit the donation of tithing funds from church members in which the church repeatedly and publicly lied about the intended use of those funds, promising that they would be used for purely non-commercial purposes consistent with the church's stated priorities, to fund missionary work, member indoctrination, temple work, and other educational and charitable activities.
Court: 9th Circuit, Judge: Per curiam, Filed On: March 1, 2024, Case #: 21-56056, Categories: Fraud
J. Hiramoto finds that the trial court properly denied defendant's ineffective assistance claim that counsel should have requested a mental health diversion prior to his no contest plea to carrying a concealed dirk or dagger. He failed to provide a probable cause statement as required for claims about pretrial mental health diversions. Affirmed.
Court: California Courts Of Appeal, Judge: Hiramoto, Filed On: March 1, 2024, Case #: A165379, Categories: Ineffective Assistance, Weapons, Plea
J. Brown rules in favor of the officials in a civil rights and malicious prosecution action brought by the former social worker after she was arrested and lost her job for purportedly passing contraband to an inmate. The charges against the social worker were eventually dismissed. The special agent's motion to dismiss is granted only with respect to the social worker's illegal search claim. A reasonable jury could find that the agent intentionally made misstatements and omissions in the arrest warrant affidavit with respect to the contraband found in the inmate's cell and what was captured on a video of the social worker and the inmate. The agent is therefore not entitled to qualified immunity from the malicious prosecution claim.
Court: USDC Northern District of Georgia, Judge: Brown, Filed On: March 1, 2024, Case #: 1:21cv1992, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Malicious Prosecution
J. Terrell finds that defendant was properly convicted and sentenced for assault. Although the trial court may have errored in allowing the victim to testify that defendant had strangled her on 10 prior occasions, the error was harmless because the jury acquitted defendant of both strangulation-specific offenses. Also, seven text messages were properly admitted as evidence because they were relevant. However,
the presentence report inaccurately describes defendant’s criminal conduct and must be fixed. Affirmed in part.
Court: Alaska Court Of Appeals, Judge: Terrell, Filed On: March 1, 2024, Case #: A-13627, Categories: Sentencing, Assault, Witnesses
Per curiam, the Iowa Supreme Court finds that the county and deputy sheriff were properly denied qualified immunity after the deputy shot and killed a man attempting to flee arrest because qualified immunity protections of Iowa Code 670.4A did not apply retroactively to the 2018 incident. Affirmed.
Court: Iowa Supreme Court, Judge: Per curiam, Filed On: March 1, 2024, Case #: 22-1194, Categories: Civil Procedure, Civil Rights, Immunity
J. Van Tine finds that the lower court properly granted the state's petition to deny defendant pretrial release on charges of being an armed habitual criminal and reckless discharge of a weapon after firing a revolver at people at a gas station. The court reasonably found that defendant's conduct shows he poses a threat to the community and that even electronic monitoring would mitigate that threat. Affirmed.
Court: Illinois Appellate Court, Judge: Van Tine, Filed On: March 1, 2024, Case #: 232453, Categories: Firearms, Bail
J. Hyman finds that the lower court improperly found the crime-fraud exception to attorney-client privilege applicable to alleged defamatory conduct by attorneys in this suit where a law firm published the results of its investigation into its client's financial governance, finding that its former pastor had misappropriated church resources to fund an extravagant lifestyle. The pastor presented no evidence showing the church sought advice from its attorneys with the intent to defame him, and extending the crime-fraud exception to this kind of claim would risk deterring clients from seeking legal advice. Reversed.
Court: Illinois Appellate Court, Judge: Hyman, Filed On: March 1, 2024, Case #: 230089, Categories: Fraud, Privilege, Legal Malpractice
J. Azrack throws out a class action challenging the New York health department’s alleged mishandling of applications for Medicaid assistance, claiming the department failed to provide adequate notice of the right to an expedited fair hearing and failed to timely determine a resident’s eligibility for benefits. The court finds she lacks standing to bring suit and declines to rule on the merits of her claims.
Court: USDC Eastern District of New York, Judge: Azrack, Filed On: March 1, 2024, Case #: 1:22cv1436, NOS: Other Civil Rights - Civil Rights, Categories: Medicaid, Class Action
J. Shepherd finds a lower court properly sentenced a defendant to 420 months in prison and three years probation for conspiracy to sell fentanyl and distribution of fentanyl that resulted in the death of a man in a casino. The defendant argued that the lower court erred in admitting text messages between himself and a co-conspirator named "Glenn." However, the government sufficiently showed in court that the defendant's text messages to his co-conspirator concerning drug sales of fentanyl were not erroneously admitted during his trial. Affirmed.
Court: 8th Circuit, Judge: Shepherd, Filed On: March 1, 2024, Case #: 23-2211, Categories: Drug Offender, Evidence
J. Heavican finds the district court improperly refused to consider defendant's motion for a deferred sentence. While being treated for post-traumatic stress disorder with schizophrenic symptoms resulting from a brain injury incurred during a military deployment, defendant was convicted by guilty plea for operation of a motor vehicle to avoid arrest. The district court erroneously concluded it did not have jurisdiction due to its conclusion that a cited statute involving a right to deferred judgment of conviction is unconstitutional. Reversed.
Court: Nebraska Supreme Court, Judge: Heavican , Filed On: March 1, 2024, Case #: S-23-038, Categories: Probation, Escape, Vehicle
J. Epley finds the lower court properly denied the father's motion to hold the mother in contempt. Although there were at least 16 days of missed parenting time, these days occurred after the child started kindergarten, which was noted as the expiration of the father's parenting time in the parties' shared parenting agreement. Additionally, the father's failure to answer several FaceTime calls was the only reason he missed the court-ordered communications, and because the majority of the child's absences from school were excused, there was no change in circumstances that warranted an alteration of the parenting agreement. Affirmed.
Court: Ohio Court Of Appeals, Judge: Epley, Filed On: March 1, 2024, Case #: 2024-Ohio-755, Categories: Contempt, Evidence, Family Law
J. Westbrook finds the lower court erroneously granted the property owner's motion for summary judgment on adverse possession claims brought by the neighbors. Genuine issues of material fact existed regarding whether the neighbors could establish the 15-year period of exclusive use necessary to prove their claims. The neighbors used the piece of land at issue exclusively for eight years, but because the previous owners had used it since 1961, they could prove all necessary elements of adverse possession if privity existed between the sets of owners. Therefore, the case must be remanded to allow the neighbors to provide proof there was an implied conveyance of the land when they acquired it. Reversed.
Court: Connecticut Court Of Appeals, Judge: Westbrook, Filed On: March 1, 2024, Case #: AC45508, Categories: Property, Real Estate
J. Clark finds the trial court lacked jurisdiction over the construction company's request for a prejudgment remedy because the application was based on vexatious litigation claims assigned by another company that fall under a category of tort claim that cannot be assigned from one party to another. Therefore, the judgment made by the lower court will be vacated and the case will be dismissed. Reversed.
Court: Connecticut Court Of Appeals, Judge: Clark, Filed On: March 1, 2024, Case #: AC45845, Categories: Civil Procedure, Tort
J. Seeley finds the lower court properly determined the log created by the town employee regarding allegations of misconduct against the former chief of police was a public document subject to disclosure following a Freedom of Information Act request. The conduct of the chief, which led to administrative leave and his eventual retirement, is undoubtedly a matter of public concern and was received by a public agency when the employee transferred it to the city manager. Additionally, even though the log was given to the town attorney to formulate a plan regarding the chief of police, it was created as a series of personal observations and not for seeking legal advice. Therefore, the lower court properly determined it was not protected by attorney-client privilege. Affirmed.
Court: Connecticut Court Of Appeals, Judge: Seeley, Filed On: March 1, 2024, Case #: AC45885, Categories: Government, Public Record, Privilege
J. Wood adopts the magistrate judge's recommendation and grants the healthcare provider's and doctor's motion to dismiss the couple's medical malpractice action as a sanction for fabricating evidence. The action arose from injuries the husband allegedly suffered after a doctor left gauze inside his nasal cavity following a septoplasty. The couple's objections to the magistrate judge's findings, including that a cell phone video taken by the husband showing bloody materials in a basin after his doctor's appointment was fabricated, are overruled. The couple "abused the judicial process and committed a fraud upon the court" by staging the video with fake, bloody items and submitting it to the provider and doctor during discovery as a "centerpiece" of their case. The provider and doctor proved the husband did not record the video in a specific exam room.
Court: USDC Southern District of Georgia, Judge: Wood, Filed On: March 1, 2024, Case #: 2:21cv21, NOS: Personal Injury - Medical Malpractice - Torts - Personal Injury, Categories: Sanctions, Medical Malpractice
J. Smith grants the users of an online academic research tool's petition for a writ of mandamus. The underlying suit alleges the Commodities Futures Trading Commission's department of marketing oversight acted capriciously in finding the research tool not in compliance with directives. The district court improperly transferred their suit to the District Court for the District of Columbia due to court congestion, which is a clear abuse of discretion.
Court: 5th Circuit, Judge: Smith , Filed On: March 1, 2024, Case #: 24-50079, Categories: Commerce, Venue, Technology
[Consolidated.] J. Eckerle finds that claims should be dismissed in contending the legislative research commission violated the state constitution by challenging house bill 334, which terminated the unexpired terms of current members and altered the composition of the executive branch ethics commission, as the legislative research commission was entitled to immunity. Reversed.
Court: Kentucky Court Of Appeals, Judge: Eckerle, Filed On: March 1, 2024, Case #: 2022-CA-0837-MR, Categories: Constitution, Government, Immunity
J. Taranto finds that the court of federal claims properly ruled in claims brought by involuntarily retired members of the Coast Guard because their involuntary retirements were not part of a reduction in force and thus were unlawful. Affirmed.
Court: Federal Circuit, Judge: Taranto, Filed On: March 1, 2024, Case #: 3/1/24, Categories: Employment, Military