J. Robinson finds that defendant was properly convicted of manslaughter, aggravated battery, possession of marijuana, and attempted possession with intent to distribute a controlled dangerous substance. Alleged favorable testimony from a co-defendant was properly determined to not warrant a new trial because there was sufficient evidence for the jury to find defendant guilty of the responsive verdict of manslaughter regardless of whether the co-defendant's grand jury testimony was considered. While the co-defendant's testimony may have helped the trier of fact understand the sequence of events that led to the victim being shot, it was not necessarily favorable to defendant. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Robinson, Filed On: May 22, 2023, Case #: 54,970-KA, Categories: Evidence, Manslaughter
J. Quinn finds that the lower court properly ruled on certain issues in this case concerning the boundary line between two homes. The evidence sufficiently supports the judgement as to adverse possession, as the record reasonably identifies the land at issue. Also, any error as to the admission of a certain survey map was harmless. The issue of attorney fees should be remanded, however, for a redetermination. Affirmed in part.
Court: Texas Courts of Appeals, Judge: Quinn, Filed On: May 22, 2023, Case #: 07-22-00230-CV, Categories: Evidence, Real Estate, Attorney Fees
J. Ikuta finds that the district court properly entered conviction for attempted illegal reentry after deportation. The illegal immigrant's motion to dismiss for violating the Speedy Trial Act was denied. The lower court was correct in assessing periods of delay as a result of the Covid-19 pandemic. Affirmed.
Court: 9th Circuit, Judge: Ikuta, Filed On: May 22, 2023, Case #: 21-50298, Categories: Constitution, Immigration, Covid-19
Per curiam, the Ninth Circuit certifies a question to the California Supreme Court concerning California’s governmental interest choice-of-law test. The question arises from an action brought by the Cassirer family under the Foreign Sovereign Immunities Act, seeking the return of a Pissarro painting stolen by the Nazis and now in the possession of Thyssen-Bornemisza Collection Foundation.
Court: 9th Circuit, Judge: Per curiam, Filed On: May 22, 2023, Case #: 19-55616, Categories: Judiciary, Immunity
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J. Liu, upon review, finds the court of appeal improperly affirmed the trial court’s finding that the former employee is not subject to protection for complaining about unpaid wages. A protected disclosure under the relevant labor code encompasses reports of violations made to an agency even if the recipient already knows of the violation. Remanded.
Court: California Supreme Court, Judge: Liu, Filed On: May 22, 2023, Case #: S269456, Categories: Civil Rights, Agency, Employment Retaliation
J. Zahn finds the trial court properly dismissed this fraud suit alleging the lawyer’s wife hindered the injured motorcyclist in his efforts to collect on a $5 million judgment arising from the lawyer’s alleged malpractice by his unsuccessful representation in an injury suit. The lawyer moved to Florida after the motorcyclist’s attorney threatened to foreclose on his California home. The lawyer’s wife acted in good faith after he transferred a house to her during divorce proceedings. Her lack of knowledge of the judgment is supported by substantial evidence. The wife established the affirmative defense set out in California Civil Code. Affirmed.
Court: Idaho Supreme Court, Judge: Zahn, Filed On: May 22, 2023, Case #: 49136, Categories: Fraud, Property, Tort
J. Copperhite recommends an award for attorney fees and costs for over $1 million to one law firm after a second firm failed to provide evidence of expenditures related to a contract between the two. The first firm referred asbestos litigation clients to the second, and the parties agreed to share the awards from settlements. However, the second firm did not share any monies from 2,174 settlements.
Court: USDC Maryland, Judge: Copperhite, Filed On: May 22, 2023, Case #: 1:17cv2972, NOS: Other Contract - Contract, Categories: Settlements, Attorney Fees, Contract
J. Hamilton finds that the lower court grants defendant's motion to dismiss his counsel, and affirms his revocation sentence of 82 months, after he immediately violated several conditions of his supervised release and committed eight robberies. This sentence does not exceed the maximum possible sentence of 144 months, so it is not excessive. Affirmed.
Court: 7th Circuit, Judge: Hamilton, Filed On: May 22, 2023, Case #: 21-3412, Categories: Robbery, Sentencing
J. Newsom finds that the district court properly ruled in favor of the prison officials in a civil rights action brought by the decedent's sister alleging that he had two seizures while incarcerated and suffered permanent brain damage because he did not receive his seizure medication. The officials were not deliberately indifferent to the brother's medical needs in violation of the Eighth Amendment. The lieutenant did not know that missing medication for a few days could produce a serious health risk and the sergeant was not grossly negligent for failing to tell a nurse directly about the medication administration problems. Although there is evidence that two of the nurses disregarded the risk of a serious health concern to the brother, their conduct was not more than grossly negligent. Affirmed.
Court: 11th Circuit, Judge: Newsom, Filed On: May 22, 2023, Case #: 21-14275, Categories: Civil Rights, Negligence
J. Gordon grants the customer support company’s motion for summary judgment in this class action alleging that employees were not paid for time spent booting up their computers before clocking in or for time spent powering down the computers after clocking out. The employees have not raised a triable issue as to whether the time at question was not trivial, or that it was not adjusted if found to be significant. The employees have not offered evidence sufficient to determine uncompensated time as a matter of just and reasonable inference.
Court: USDC Nevada, Judge: Gordon, Filed On: May 22, 2023, Case #: 2:18cv233, NOS: Fair Labor Standards Act - Labor, Categories: Civil Rights, Employment, Evidence
J. Mann finds that the lower court properly dismissed claims against an individual who was injured on the job and named a subcontracting company as a possible employer for her industrial insurance benefits. The company sued her with claims that by doing so, she broke an agreement that the company claimed waived her right to those benefits. But the law does not allow for employers to execute an agreement that waives those benefits, so the claims were without standing. The woman is awarded attorney fees on appeal. Affirmed.
Court: Washington Court Of Appeals, Judge: Mann, Filed On: May 22, 2023, Case #: 83748-6-I, Categories: Employment, Insurance, Attorney Fees
Per curiam, the circuit finds that the district court properly dismissed class deceptive trade practices claims brought against a tortilla producer. Images used in the packaging may be associated with Mexico, but packaging contained the statement "Made in the U.S.A." and listed Georgia as the site of manufacture. Affirmed.
Court: 2nd Circuit, Judge: Per curiam, Filed On: May 22, 2023, Case #: 22-1805, Categories: Consumer Law, Class Action
J. Jenkins finds that the trial court should not have awarded attorney fees and costs to a landowner on a claim for environmental and private damages after the oil company entered a limited admission of liability as to three of the four tracts of land. The landowner should not have been awarded fees and costs for work performed in pursuit of its unsuccessful private damages claims at trial and for work outside the scope of Act 312. The date the trial began through the last date included in the submitted billing records must be excluded from the total award. Reversed in part.
Court: Louisiana Court Of Appeal, Judge: Jenkins , Filed On: May 22, 2023, Case #: 2022-CA-0383, Categories: Environment, Attorney Fees, Contract
J. DeGravelles grants a request by the Louisiana State Police to enforce a settlement with a fired Black trooper who alleged retaliatory termination, arising from his complaints to Louisiana news media about the deadly cover-up of the alleged beating death of a Black motorist and racially disparate discipline for other alleged police misconduct. One week after a written settlement, the fired trooper sought to revoke the deal, saying his attorney allegedly pressured him into accepting an agreement that did not reinstate his position by telling him that “he could not win at trial, nor could he win on appeal.” The settlement “almost exclusively dealt” with the ending of trooper’s employment and his counsel’s warning that she would cease representing him if he chose not to accept the deal was “not an improper threat.”
Court: USDC Middle District of Louisiana, Judge: DeGravelles, Filed On: May 22, 2023, Case #: 3:21cv656, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Settlements, Police Misconduct
J. Robertson grants, in part, two individuals' motion to compel FedEx to produce documents in their class labor action. FedEx fails to show the production of certain compliance documents is unduly burdensome, while the production of driver disqualification documents for an additional 100 opt-ins is relevant.
Court: USDC Massachusetts, Judge: Robertson, Filed On: May 22, 2023, Case #: 3:17cv30116, NOS: Fair Labor Standards Act - Labor, Categories: Discovery, Class Action, Labor
J. Stearns refuses to dismiss a city's contract action against a school services company for its alleged failure to adequately staff buses for two school years. The city sufficiently pleads its claims for breach of contract, breach of the covenant of good faith and fair dealing, negligent
misrepresentation and violations of the Massachusetts Fair Business Practices Act.
Court: USDC Massachusetts, Judge: Stearns, Filed On: May 19, 2023, Case #: 1:23cv10460, NOS: Other Contract - Contract, Categories: Education, Transportation, Contract
J. Pregerson denies in part Southwest Airlines' motion for summary judgment regarding a Black passenger's claim of racial discrimination. The passenger alleges that two employees pointed at her and laughed at her, that a flight attendant smelled the beverage she brought on board the plane but did not smell the beverages that non-Black passengers brought on board, and that she was told to cover up her outfit, which a flight attendant found to be revealing, and which she did cover with a borrowed t-shirt before being removed from the plane. Video evidence "does not unequivocally support Southwest’s entire characterization of the events at issue." Whether the passenger's "interactions with Southwest employees might reflect harassment or otherwise wrongful conduct are also questions for a jury to decide." The passenger's intentional infliction of emotional distress claim continues.
Court: USDC Central District of California, Judge: Pregerson, Filed On: May 19, 2023, Case #: 2:21cv451, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights
J. Nye grants motion to dismiss an individual's notice of removal in a dispute with a hospital. The hospital brought defamation claims against the individual, who launched a "smear campaign" claiming that the hospital was participating in a “widespread conspiracy to kidnap Christian children and traffic those children to homosexual couples who would then sexually abuse and kill the children.” The individual never appeared in court proceedings and was sanctioned multiple times. The individual filed a notice of removal. The court lacks subject matter jurisdiction and the case is remanded back to state court.
Court: USDC Idaho, Judge: Nye, Filed On: May 19, 2023, Case #: 1:23cv212, NOS: Constitutionality of State Statutes - Other Suits, Categories: Jurisdiction
J. Brian finds that the lower court improperly ruled, finding there is not enough evidence showing a homeowner is negligent in regards to his front porch steps that a postal man claims were a dangerous hazard when he delivered mail and broke his hip. Reversed.
Court: Alabama Supreme Court, Judge: Brian, Filed On: May 19, 2023, Case #: SC-2022-0560, Categories: Property, Tort, Negligence
J. Mendheim finds that the lower court improperly ruled in granting state immunity to a Jacksonville State University trustee and chancellor against claims of breach of contract and attempts to recover resignation fees as claimed by an athletic conference organization filing these charges when the university left the organization. Reversed in part.
Court: Alabama Supreme Court, Judge: Mendheim, Filed On: May 19, 2023, Case #: SC-2022-0930, Categories: Immunity, Damages, Contract
J. Wilson finds the lower court properly convicted defendant of two counts of the sale of .5 grams or more of methamphetamine within 1,000 feet of a school zone and one count of the sale of .5 grams or more of methamphetamine. Though defendant argues he should have been sentenced under an amended 2020 sentencing guideline, he committed the crimes in 2018 and the proper sentencing guidelines were applied. Evidence is sufficient to support defendant’s convictions and sentence to three 12-year terms to be served concurrently. Affirmed.
Court: Tennessee Court of Criminal Appeals, Judge: Wilson, Filed On: May 19, 2023, Case #: M2021-01342-CCA-R3-CD, Categories: Drug Offender, Evidence, Sentencing
J. Frank partially grants the employer’s motion to dismiss the employee’s claims against it, dismissing the employee’s declaratory judgment, Fair Labor Standards Act and Minnesota Payment of Wages Act claims but not her Minnesota Whistleblower Act, breach of contract and of covenant of good faith and fair dealing and unjust enrichment claims. The employee did not make a demand for unpaid wages prior to litigation as required under the Payment of Wages Act and has voluntarily dismissed the Fair Labor Standards Act claim, and her declaratory judgment claim is duplicative of her breach of contract claim. Her other claims are adequately pled for this stage of litigation.
Court: USDC Minnesota, Judge: Frank, Filed On: May 19, 2023, Case #: 0:22cv2971, NOS: Employment - Civil Rights, Categories: Employment, Whistleblowers, Employment Retaliation