Per curiam, the appellate division finds that the trial court improperly convicted defendant of second-degree murder and assault for shooting and killing someone at a party following an altercation because defendant reasonably requested a justification jury charge based on the contention that he had been attacked first and had been aware that one of the victims owned a gun. Reversed.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: May 5, 2023, Case #: KA 22-01032, Categories: Murder, Justification, Jury Instructions
Per curiam, the appellate division finds that the trial court improperly convicted defendant of assault, weapons, and menacing charges since prosecutors did not serve a certificate of compliance until four days after the time to declare trial readiness had passed. Reversed.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: May 5, 2023, Case #: KA 20-00330, Categories: Criminal Procedure, Assault, Menacing
J. Doughty grants summary judgment to a Domino’s pizza restaurant, dismissing a slip-and-fall suit by a patron leaving a neighboring Mexican restaurant with coworkers to “poke fun” at each other’s tires in the vicinity of the pizzeria’s parking lot. The area where the litigant fell, “whether it was standing water or algae within the water,” was not an unreasonably dangerous condition. Further, the pizzeria owed no duty to the patron of the neighboring restaurant.
Court: USDC Western District of Louisiana , Judge: Doughty, Filed On: May 5, 2023, Case #: 6:22cv2609, NOS: Other Personal Injury - Torts - Personal Injury, Categories: Property, Tort, Damages
J. Walter grants a request by gaming giant Caesars Entertainment, dismissing for lack of jurisdiction a gambler’s complaint about payouts from slot machines at a subsidiary casino in Shreveport, Louisiana. Even if the court could exercise jurisdiction over the gambler’s suit, it would dismiss his claims because Caesars is not the proper litigant to sue.
Court: USDC Western District of Louisiana , Judge: Walter, Filed On: May 5, 2023, Case #: 5:22cv5331, NOS: Other Contract - Contract, Categories: Jurisdiction, Business Practices
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J. Mullane denies the respondent’s motion to reconsider his untimely appeal of the immigration judge’s denial of his application for relief. Though the respondent had 30 days to file, the postmark showed the application was mailed two days before the deadline. He has not shown that he pursued his appeal diligently or that an extraordinary circumstance prevented a timely filing. Equitable tolling does not apply.
Court: Board of Immigration Appeals, Judge: Mullane, Filed On: May 5, 2023, Case #: 4062, Categories: Immigration, Due Process
J. Dimke denies the user's motion to remand his case accusing Twitter of unlawfully obtaining his and other users' cell phone numbers - which they used to register a Twitter account - and then selling that information for illegal profit. The user argues that Twitter did not remove the case within 30 days of being serviced with the complaint. However, the initial complaint was insufficient to make its removability readily apparent, so the 30-day window was not triggered upon service of the complaint.
Court: USDC Eastern District of Washington, Judge: Dimke, Filed On: May 5, 2023, Case #: 2:22cv122, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Jurisdiction, Class Action
J. Sasso finds that the trial court erred in granting summary judgment to the homeowners in a dispute over the club's levying of an assessment against them. The equity redemption rates in the club's bylaws were amendable, so the homeowners did not have a "vested right to a specific redemption rate in perpetuity." Reversed.
Court: Florida Courts Of Appeal, Judge: Sasso, Filed On: May 5, 2023, Case #: 6D23-44, Categories: Civil Procedure, Property, Contract
J. Swope finds the county court properly granted summary judgment to the condominium lessee in this premises liability suit. An attendee of the political event hosted by the lessee brought this suit two years after she allegedly slipped and fell on a walkway attached to the condo. The attendee did not raise a triable issue of material fact as to whether she was owed a duty of care. The renter did not control the walkway outside of the rented premises. Affirmed.
Court: California Courts Of Appeal, Judge: Swope, Filed On: May 5, 2023, Case #: A164405, Categories: Negligence, Premises Liability
J. Stratton finds the trial court properly denied the school district a writ of mandamus to set aside the order granting the teacher’s motion for reversal of suspension and to recoup salary it had paid to her during the pendency of her dismissal proceedings. Because the suspension was reversed, the school district is not entitled to restitution for salary paid for the period between the reversal and the final decision on the merits. The suspension reversal is not reviewable. Affirmed.
Court: California Courts Of Appeal, Judge: Stratton, Filed On: May 5, 2023, Case #: B317353, Categories: Education, Employment, Due Process
J. Streeter finds the probate court properly found in favor of the estate special administrator’s decisions not to pay the “adjudicated vexatious litigant and disbarred attorney” $1,000 in statutory fees and to cancel an agreement to manage services relating to a house owned by the estate. The appeal is frivolous as the disbarred attorney has no standing or is barred under claim preclusion. Affirmed. The case is remanded to the probate court to determine sanctions.
Court: California Courts Of Appeal, Judge: Streeter, Filed On: May 5, 2023, Case #: A164148, Categories: Fraud, Sanctions, Wills / Probate
Per curiam, the appellate division finds that the trial court properly convicted defendant of murder, kidnapping, and burglary because defendant failed to preserve certain contentions; the court properly precluded a witness from testifying as to defendant's character; and defense counsel indicated satisfaction with the court's approach of having certain testimony read back. Affirmed.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: May 5, 2023, Case #: KA 21-01239, Categories: Criminal Procedure, Evidence, Witnesses
Per curiam, the Vermont Supreme Court finds the family court properly terminated the father's parental rights to his children. The father was incarcerated and has failed to form a bond with two of the three children. The court findings support the conclusion that the father has "stalled" in his progress for reunification. Affirmed.
Court: Vermont Supreme Court, Judge: Per curiam, Filed On: May 5, 2023, Case #: 23-AP-013, Categories: Family Law, Guardianship
Per curiam, the Vermont Supreme Court finds the board properly upheld a finding that the worker had to repay overpaid unemployment benefits. The statute requires claimants to certify that they are not earning any other income, and the worker did not disclose her income from a state job. Affirmed.
Court: Vermont Supreme Court, Judge: Per curiam, Filed On: May 5, 2023, Case #: 22-AP-290, Categories: Administrative Law, Employment
J. Wu finds in favor of the property owner for the renter’s claim that the owner is liable for an incident where two individuals assaulted, battered and robbed her when the renter parked her vehicle at the property garage. The renter does not show that the property owner had a duty of care to protect her from criminal acts of non-parties, because the assault was unforeseeable due to the lack of prior criminal acts on the property.
Court: USDC Central District of California, Judge: Wu, Filed On: May 5, 2023, Case #: 2:22cv4549, NOS: Other Personal Injury - Torts - Personal Injury, Categories: Property, Negligence, Premises Liability
J. Kellum finds that the lower court properly dismissed defendant's petition for post-conviction relief, following his conviction and sentence for attempted murder. Defendant claims that there are newly discovered material facts, specifically concerning the victim's alleged motive to lie about the shooting. However, he fails to plead "sufficient facts" to satisfy certain requirements under Rule 32.1(e).
Court: Alabama Court of Criminal Appeals, Judge: Kellum, Filed On: May 5, 2023, Case #: CR-2022-0984, Categories: Criminal Procedure, Evidence, Murder
J. Richardson grants the defendant company's motion for summary judgment in this lawsuit brought by a former employee alleging discrimination and retaliation in violation of Title VII and the Tennessee Human Rights Act. The employee's response failed to address the company's arguments regarding her hostile work environment and retaliation claims. The company did not address her negligent hiring claim, however, and that claim remains pending.
Court: USDC Middle District of Tennessee , Judge: Richardson, Filed On: May 4, 2023, Case #: 3:20cv1087, NOS: Employment - Civil Rights, Categories: Negligence, Employment Discrimination, Employment Retaliation
J. Morgan denies summary judgment to Walmart in a slip-and-fall suit by a store patron. The woman’s testimony together with surveillance footage establishes a genuine issue of material fact as to whether the “stocking activities” of Walmart employees, and not store customers, created a puddle of water that became a dangerous condition. “This is a question of fact for the jury.”
Court: USDC Eastern District of Louisiana , Judge: Morgan, Filed On: May 4, 2023, Case #: 2:21cv209, NOS: Other Personal Injury - Torts - Personal Injury, Categories: Evidence, Business Practices, Discovery
J. Waldor seals claims contending the company failed to tell investors about top executives' scheme to bribe Indian officials, which caused stock to drop when the truth emerged. Communications among board members related to the criminal bribery action and certain other information had been produced under a confidentiality agreement with the investor who brought the action.
Court: USDC New Jersey, Judge: Waldor , Filed On: May 4, 2023, Case #: 2:21cv12025, NOS: Stockholders’ Suits - Contract, Categories: Securities, Discovery
J. Howell denies efforts to strike expert testimony in a lawsuit brought by a mother against Austin Independent School District and school officials over the alleged repeated sexual assault of her special needs child by a bus driver. Officials argued that a security expert for the mother did not base his findings on sufficient facts and data, but the expert is qualified to offer testimony and any concerns raised by the officials would be “best addressed on cross examination.”
Court: USDC Western District of Texas , Judge: Howell, Filed On: May 4, 2023, Case #: 1:21cv209, NOS: Other Civil Rights - Civil Rights, Categories: Education, Negligence, Experts