170 results for 'filedAt:"2024-04-17"'.
J. Agee finds the lower court improperly interpreted the plain text of the decree. Environmental protection groups sued a now-defunct coal corporation for violating the Clean Water Act. They negotiated a consent decree that significantly limited the corporations' surface mining operations in Central Appalachia and required the company to reclaim its mining sites—that is, to return the mined land to a usable state. The new owner attempted to allow third parties to surface mine at the original corporation's facility to raise funds after inheriting the bankrupt coal corporation. The lower court found this violated the decree, but the decree only applies to the original corporation and does not bar others from using the land as they please. Vacated.
Court: 4th Circuit, Judge: Agee, Filed On: April 17, 2024, Case #: 23-1696, Categories: Energy, Environment, Contract
J. Lin denies the engineering plastics company's motion to vacate the arbitration award in Amazon's favor, arguing that Amazon does not deserve it because the withholding provision of their contract is a penalty provision, not a liquidated damages provision. The arbitrator did not manifestly disregard the law in her decision, because she was fully briefed on the issue, correctly identified the legal standard, and applied the correct standard to the case facts.
Court: USDC Western District of Washington, Judge: Lin, Filed On: April 17, 2024, Case #: 2:23cv1693, NOS: Arbitration - Other Suits, Categories: Arbitration, Contract
Per curiam, the circuit finds the district court improperly denied the inmate's motion for compassionate release. The inmate suffers from a pituitary macroadenoma, a malignant brain tumor. The district court did not give the necessary “specific factual reasons for its decision,” summarily mentioning only factors and pleadings. The record is insufficient to review the inmate's claim she suffers from terminal cancer, and for which she has received inadequate care. Vacated.
Court: 5th Circuit, Judge: Per curiam, Filed On: April 17, 2024, Case #: 23-50400 , Categories: Health Care, Due Process, Prisoners' Rights
J. Ledet finds that defendant was properly sentenced to a cumulative 65 year sentence on his guilty plea to a sixteen-count indictment arising from a drunk driving incident that took place after a parade where he drove into a crowd, including seven bicyclists, fatally injuring two of the bicyclists. Although defendant did not have a prior criminal conviction, his criminal history included a DWI that involved drinking and driving at a parade route. Further, the circumstances of his first degree negligent injuring offenses involved inflicting injury on six victims, excluding the two fatality victims, the vehicular negligent injuring victim, and property damage, and those sentences were ordered to run concurrently, not consecutively. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Ledet, Filed On: April 17, 2024, Case #: 2023-KA-0591, Categories: Sentencing, Vehicular Homicide
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J. Pickett finds that the lower court properly awarded the mother $1.5 million and the son $125,000 for the injuries they suffered in a three-vehicle accident where one of the drivers drove a box truck covered by the insurance company. The insurance company claims that the trial court did not conduct the conference about the addressed issue on the record, but nothing on the record shows that the trial court rejected a request to do so. There is also no need to reverse the jury's assessment of fault, because they freely accepted or rejected the conflicting witness testimony in the underlying lawsuit. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Pickett, Filed On: April 17, 2024, Case #: CA-23-442, Categories: Insurance, Vehicle, Damages
J. Gremillion finds that the lower court properly convicted defendant to 25 years in prison for one count of third-degree rape, two counts of indecent behavior with a juvenile and one count of pornography involving a juvenile. Defendant's sentence was not excessive because he consistently targeted girls between the ages of 13 and 16 to get them drunk and perform sexual acts with them. He entered his guilty plea knowing that it waived his right to appeal his convictions. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Gremillion, Filed On: April 17, 2024, Case #: KA-23-621, Categories: Sentencing, Sex Offender, Child Victims
J. Eifert grants the university's motion for a protective order relating to to the deposition of the university’s president in a student's civil rights suit claiming the university retaliated against her by charging her with violating the Student Code of Conduct for underage drinking after she reported being sexually assaulted by a fellow student at an off-campus watch party. Since she has not shown any "special, additional, or unique information" the president may have on how the university has implemented Title IX polices aside from what others in his administration provided, the court prohibits the student from taking his deposition.
Court: USDC Southern District of West Virginia, Judge: Eifert, Filed On: April 17, 2024, Case #: 3:22cv532, NOS: Education - Civil Rights, Categories: Civil Procedure, Civil Rights, Education
J. Powers finds the Workers’ Compensation Division erred in denying appellant’s Worker Requested Medical Examination (WRME) request. “When an insurer submits an IME report as evidence to support its denial of a worker’s claim, the denial is ‘based’ on an IME such that the worker is eligible for a WRME.” Reversed.
Court: Oregon Court of Appeals, Judge: Powers, Filed On: April 17, 2024, Case #: A176678, Categories: Workers' Compensation
J. Stras finds a lower court properly charged a defendant with possession of a firearm while under the influence of drugs and for shooting his drug dealer. The defendant argued that his conviction should be tossed out based on his Second Amendment right to carry a firearm. However, the government sufficiently showed in court that his constitutional rights do not provide him relief based on his past drug use and history of violence. Affirmed.
Court: 8th Circuit, Judge: Stras, Filed On: April 17, 2024, Case #: 23-1114, Categories: Drug Offender, Firearms, Assault
J. Andrews finds a lower court improperly dismissed a national of Somalia's motion to remain in the U.K. The Secretary of State for the Immigration and Asylum Chamber argued that the Somalian native lacks immigration credentials, which left him stranded in Ethiopia as he fought to recover from tuberculosis. However, he presented sufficient evidence in court that his mother and sponsor, who lives in the U.K., suffers from extreme illness, and that he is entitled to relief based his status of returning resident. Reversed.
Court: Her Majesty's Court of Appeal, Judge: Andrews , Filed On: April 17, 2024, Case #: CA-2023-482, Categories: Immigration
Per curiam, the circuit finds that defendant's request to reinstate his appeal should be again remanded as brought from the lower court's refusal to modify a condition of probation that prohibits him from having direct contact with minors, including his own children, without approval. Action had not been taken on remand within 30 days, and the issue should be heard by a different judge this time around.
Court: 2nd Circuit, Judge: Per curiam, Filed On: April 17, 2024, Case #: 23-6145, Categories: Criminal Procedure, Probation
Per curiam, the circuit finds that the district court properly dismissed class securities fraud claims brought after a spinoff of Honeywell International filed for Chapter 11 bankruptcy due to legacy asbestos indemnity issues because the class failed to plead scienter with sufficient specificity to establish that the spinoff recklessly assured investors of its financial health while planning for bankruptcy. Affirmed.
Court: 2nd Circuit, Judge: Per curiam, Filed On: April 17, 2024, Case #: 23-668-cv, Categories: Bankruptcy, Fraud, Securities
J. Matsumoto dismisses a defamation lawsuit against a couple, who run a website and YouTube channel, and allegedly made defamatory statements about a North Carolina maker of tabletop role-playing games. The court finds the majority of the statements, some of which amounted to nothing more than name-calling, would merely be interpreted as opinions and thus are too subjective to be actionable.
Court: USDC Eastern District of New York, Judge: Matsumoto, Filed On: April 17, 2024, Case #: 1:22cv5686, NOS: Other Personal Injury - Torts - Personal Injury, Categories: Defamation
J. Huskey finds that the district court properly dismissed defendant's amended petition for post-conviction relief and denied his motion for reconsideration. His claim that he was not given adequate notice of the state's motion for summary dismissal fails because the state's motion referred to his original and amended petitions and included its argument that those filings were deficient. Also, the district court was not required to give him additional notice, and his notice claim was not preserved since he did not raise it in district court. Affirmed.
Court: Idaho Court Of Appeals, Judge: Huskey, Filed On: April 17, 2024, Case #: 50063, Categories: Criminal Procedure, Sex Offender, Battery
[Modified.] J. Streeter makes three changes to a previously published opinion with no change in judgment. The lower court properly denied defendant’s petition for relief. Defendant was convicted of first-degree murder and attempted robbery and sentenced to 50 years to life. He was granted a resentencing hearing after a lower court found he was denied counsel, and though the same errors were repeated during the resentencing hearing, the instant court finds them harmless. Evidence is sufficient to support defendant’s convictions and sentence, along with associated enhancements. Affirmed.
Court: California Courts Of Appeal, Judge: Streeter, Filed On: April 17, 2024, Case #: A166001, Categories: Murder, Sentencing, Self Representation
J. Patterson finds that the appellate division properly dismissed claims contending the County Prosecutors of New Jersey constitutes a public agency subject to public records requests because a prosecutor is not a "political subdivision" of the state, and no statute or regulation requires nonprofit associations to maintain the requested documents. Affirmed.
Court: New Jersey Supreme Court, Judge: Patterson , Filed On: April 17, 2024, Case #: A-33-22, Categories: Public Record
[Consolidated.] J. Davis finds the trial court erroneously granted defendant's motion to vacate several of her convictions on wire fraud charges related to embezzlement of grants funds for student scholarships. The evidence presented by the prosecution, including performance reports that showed the disbursement of numerous scholarships not linked to any students, was sufficient to prove all elements of the crimes, including intent. Reversed in part.
Court: 6th Circuit, Judge: Davis, Filed On: April 17, 2024, Case #: 22-5075, Categories: Evidence, Fraud
Per curiam, the circuit finds the applicant's skill set, which rendered her capable of performing numerous, readily available jobs, precluded her from receiving disability benefits; therefore, the administrative law judge properly denied her appeal. Affirmed.
Court: 6th Circuit, Judge: Per curiam, Filed On: April 17, 2024, Case #: 23-1466, Categories: Evidence, Social Security
J. Ortega finds the juvenile court properly ordered the Oregon Department of Corrections to disclose a father’s mental health records to the Department of Human Services for use in dependency proceedings involving the father’s child. “Father has not provided a basis on which we could reverse the juvenile court’s order based on a lack of statutory authority to issue the order.” Affirmed.
Court: Oregon Court of Appeals, Judge: Ortega, Filed On: April 17, 2024, Case #: A181606, Categories: Family Law
J. Kamins finds that certain prosecutor statements during closing arguments improperly shifted the burden of proof to the defense. “Prosecutor’s statements that defendant could have but did not cross-examine [the victim] or her friend suggested to the jury that defendant had the burden to prove that his version of the events was true.” Reversed.
Court: Oregon Court of Appeals, Judge: Kamins, Filed On: April 17, 2024, Case #: A179175, Categories: Jury, Prosecutorial Misconduct, Sex Offender
J. Cain grants summary judgment to a salvage business on its breach of contract claim against a maritime company that refused to pay its $207,000 bill for the successful recovery of its sunken river barge. The company unsuccessfully argued the fee was excessive, adding it expected its insurer to pay for the barge recovery and would not have allowed the salvage to proceed if it had known its insurer would deny the claim. The failure of the barge owner to pay any portion of the undisputed amount is a breach of the marine contract. A factual dispute remains as to whether the salvage business performed all of the services listed in its invoices and whether the barge owner was overcharged for divers, materials or transport days.
Court: USDC Western District of Louisiana , Judge: Cain, Filed On: April 17, 2024, Case #: 2:23cv626, NOS: Other Contract - Contract, Categories: Damages, Business Practices, Business Expectancy
J. Powers finds the juvenile court properly terminated a father’s parental rights to his child. “Father has a substance abuse problem, has been in a domestically violent relationship with [the child’s mother]…and does not have a viable plan for [the child’s] return.” Affirmed.
Court: Oregon Court of Appeals, Judge: Powers, Filed On: April 17, 2024, Case #: A182144, Categories: Family Law
J. Hellman finds the trial court properly denied defendant post-conviction relief. “Petitioner did not prove that counsel failed to exercise reasonable professional skill and judgment when counsel did not consult with and introduce testimony from a medical expert for any of the purposes that petitioner identified.” Affirmed.
Court: Oregon Court of Appeals, Judge: Hellman, Filed On: April 17, 2024, Case #: A177101, Categories: Ineffective Assistance, Sentencing