184 results for 'filedAt:"2023-06-21"'.
J. Pinson finds that the trial court properly convicted defendant of murder and cruelty to children. The trial court did not commit any error in admitting photos taken before and during the victim's autopsy into evidence. The photos were relevant as to the timing and manner of the victim's injuries and their probative value outweighed any unfair prejudice to defendant. It is unlikely that the pre-autopsy photo contributed to the trial outcome. The trial court did not violate defendant's right to confrontation when it limited cross-examination of the victim's mother on topics including her postpartum depression and her purported dishonesty about the paternity of a child. Affirmed.
Court: Georgia Supreme Court, Judge: Pinson, Filed On: June 21, 2023, Case #: S23A0338, Categories: Murder, Child Victims
J. Pryor finds that the district court properly granted the medical device manufacturer's motion to vacate the arbitration panel's final award finding the distributor liable for breaching an agreement between the parties but denying the manufacturer's claims for lost profits damages. The breach of contract and fiduciary duty action brought by the manufacturer arose after the distributor started selling products for one of the manufacturer's competitors. The district court correctly found that the manufacturer proved the award was procured by fraud. The manufacturer produced text messages showing that the sales representative's testimony was guided by messages from the owner of the distributor. Affirmed.
Court: 11th Circuit, Judge: Pryor, Filed On: June 21, 2023, Case #: 22-10214, Categories: Arbitration, Contract
J. Cheesbro denies the patient's motion to compel discovery in a fraud and medical malpractice action alleging that the hospital altered and fabricated portions of the patient's medical records and failed to obtain informed consent. The patient sought an order requiring the hospital to produce records of septoplasty surgeries performed by a doctor, sign-in sheets bearing the patient's signature, a roster or register of hospital employees with the last name "Vaughn" and other documents. The request for records of previous surgeries is untimely and the patient cannot obtain a hospital employee's medical records because she did not waive her medical records privilege. The patient failed to show that the requested sign-in sheets and employee roster exist.
Court: USDC Southern District of Georgia, Judge: Cheesbro, Filed On: June 21, 2023, Case #: 2:21cv21, NOS: Personal Injury - Medical Malpractice - Torts - Personal Injury, Categories: Discovery, Medical Malpractice
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[Consolidated.] Per curiam, the circuit finds that the district court properly determined fees and costs for a law firm that prevailed in multiple administrative actions concerning local school services provided to disabled children. The court properly applied the standard lodestar method and reduced the payout since the bills that had been submitted seemed excessive, but the court improperly denied travel-related fees in a particular case. Affirmed in part.
Court: 2nd Circuit, Judge: Per curiam, Filed On: June 21, 2023, Case #: 21-1582, Categories: Education, Attorney Fees
J. Pinson finds that the trial court properly convicted defendant of murder and firearm offenses. Defendant has not shown that his trial counsel was deficient for failing to correct the medical examiner's testimony about the range the fatal gunshot was fired from. Defendant's counsel thoroughly cross-examined the medical examiner about the range-of-fire estimate and elicited testimony from him that the gun could have been fired closer than the estimated two to three feet. Defendant failed to show that the trial outcome was impacted by a passing comment the trial court made characterizing the range-of-fire evidence. Affirmed.
Court: Georgia Supreme Court, Judge: Pinson, Filed On: June 21, 2023, Case #: S23A0228, Categories: Firearms, Ineffective Assistance, Murder
J. Crothers finds that the district court properly awarded primary residential responsibility to a mother in a divorce action. However, the lower court incorrectly distributed the marital estate. Affirmed in part.
Court: North Dakota Supreme Court, Judge: Crothers, Filed On: June 21, 2023, Case #: 2023ND114, Categories: Family Law
J. D’Agostino dismisses a rental property owner’s federal due process, takings and denial of process claims brought against the City of Kingston, which allegedly condemned his rental property, a two-story house located in the city’s historic waterfront district, due to various violations related to the deterioration of the property’s front sidewalk, which he argues was caused by the city’s failure to manage the nearby stormwater runoff and even caused damaged to the property’s foundation. While his allegations regarding the property damage could be brought under a separate tort claim, he fails to allege a city statute, regulation or ordinance restricting use of his property. The court remands his remaining claims to state court.
Court: USDC Northern District of New York, Judge: D’Agostino, Filed On: June 21, 2023, Case #: 1:22cv666, NOS: Other Civil Rights - Civil Rights, Categories: Property, Due Process
J. Carr finds that defendant was properly denied relief from his conviction for failing to register as a sex offender and assaulting a peace officer because defendant appeared rational and logical and understood the charges against him before pleading guilty. Affirmed.
Court: Iowa Court Of Appeals, Judge: Carr, Filed On: June 21, 2023, Case #: 21-1985, Categories: Competence, Sex Offender, Plea
J. Kennedy finds that the lower court properly granted summary judgment in favor of Texas Instruments in this breach of contract dispute involving a chemical purchase and sale agreement. The appellant company fails to establish its claims "based on any alleged overbilling or short-shipping." Affirmed.
Court: Texas Courts of Appeals, Judge: Kennedy, Filed On: June 21, 2023, Case #: 05-22-00359-CV, Categories: Civil Procedure, Contract
J. Long affirms a family court ruling that distributes 50% of a retired government employee’s pension benefits, financial assets and property to his ex-wife, further holding that the trial justice did not err by sanctioning him $50,000, ordering a $16,000 credit to his former spouse and rejecting as baseless his assertions of a “double-standard” by the lower court. The ex-husband does not include any legal basis for his arguments. “Simply stating that the trial justice made a mistake does not amount to a legal argument.”
Court: Rhode Island Supreme Court, Judge: Long, Filed On: June 21, 2023, Case #: 21-19, Categories: Civil Procedure, Pensions, Property
J. Ramos partially denies the New York Times' motion to dismiss a defamation suit stemming from statements made in an article titled "Trying to Make It Big Online? Getting Signed Isn't Everything," detailing accusations of impropriety against the plaintiff CEO, who manages and counsel's online influencers. The majority of statements listed in the complaint cannot be read to impart a defamatory intent, but the claim may proceed insofar as the article states the CEO intentionally "leaked" an influencer's nude photographs.
Court: USDC Southern District of New York, Judge: Ramos, Filed On: June 21, 2023, Case #: 1:21cv6807, NOS: Other Personal Property Damage - Torts - Personal Property, Categories: Communications, Defamation
J. Greer finds that defendant was properly convicted of OWI since defendant failed to preserve her contention that video showing her using racial slurs against arresting officers had been prejudicial. Affirmed.
Court: Iowa Court Of Appeals, Judge: Greer, Filed On: June 21, 2023, Case #: 22-1069, Categories: Evidence, Dui
J. Kennedy finds that the lower court properly granted a take-nothing summary judgment and awarded attorney fees in this suit alleging negligent misrepresentation and third-party-beneficiary breach of contract. The individual appellant was not a party to the consulting agreement at issue, and the evidence does not establish that "he was an intended third-party beneficiary." Affirmed.
Court: Texas Courts of Appeals, Judge: Kennedy, Filed On: June 21, 2023, Case #: 05-22-00293-CV, Categories: Civil Procedure, Attorney Fees, Contract
J. Peterson finds that the lower court improperly ordered the sheriff's office to disclose certain 911 recordings related to requests for help coming from two town parks. The calls are exempt to the extent that the recordings would disclose the identity of the caller, and the sheriff's office testified it does not have the technology to disguise the caller's voice on its production of the recordings. Further, the sheriff's office cannot be required to make a transcript of the recordings when it does not do so as part of its normal procedures. Reversed.
Court: Illinois Appellate Court, Judge: Peterson, Filed On: June 21, 2023, Case #: 210058, Categories: Public Record
J. Moran finds the lower court properly sentenced the contractor. The contractor, who sexually abused a minor while in Japan working as a subcontractor for the Department of Veterans Affairs, signed a plea deal that bars him from challenging whether he falls outside the scope of the Military Extraterritorial Jurisdiction Act. Affirmed.
Court: 4th Circuit, Judge: Richardson, Filed On: June 21, 2023, Case #: 21-4411, Categories: Child Victims, Extradition, Child Pornography
J. Scudder finds that the lower court improperly allowed plaintiff's lawsuit challenging a newly-added provision to the Illinois' Health Care Right of Conscience Act that affirmed the legality of Covid-19 vaccine mandates. The lower court's primary conclusion that the addition changed nothing in Illinois law requires dismissing the plaintiffs' challenge for lack of standing. The plaintiffs may then file an appeal from a final judgment. Reversed.
Court: 7th Circuit, Judge: Scudder, Filed On: June 21, 2023, Case #: 23-8012, Categories: Constitution, Health Care, Covid-19
J. Jordan issues a revised opinion in the case after the panel's previous ruling was vacated by the U.S. Supreme Court and finds that the district court properly denied defendant's motion for a reduction of his 57-month sentence under the First Step Act. Although defendant, who was convicted of violating probation, is eligible for a sentence reduction under the Act because his underlying crime is a covered offense, the district court did not abuse its discretion in denying defendant's motion in light of his demonstrated unwillingness to abide by the law. Affirmed.
Court: 11th Circuit, Judge: Jordan, Filed On: June 21, 2023, Case #: 19-14381, Categories: Sentencing
J. Southwick remands this challenge to Lafayette Parish’s cash bail requirement for pretrial detainees. The party bringing suit was arrested on a felony-theft charge with bail set at an amount he could not pay. There was no inquiry at first hearing as to whether he could afford the bail, and it was not reduced. No finding was made that pretrial detention was necessary and defendant, who had no counsel, had no opportunity to present or contest evidence. During the pendency of his appeal of the district court’s denial of bail relief, the Fifth Circuit held that district courts must abstain from suits contesting a local jurisdiction’s bail practices when there is an opportunity in state court to present constitutional challenges, which is so in this case. The suit is remanded with instructions to dismiss.
Court: 5th Circuit, Judge: Southwick, Filed On: June 21, 2023, Case #: 20-30159, Categories: Civil Rights, Due Process, Prisoners' Rights
J. Jolivette Brown denies a request by the San Francisco-based sublessor of a 17-story New Orleans hotel and apartment complex to dismiss breach of contract claims by the owner of the property, alleging that the international hospitality company has failed to provide security for its occupants, resulting in shootings and other violence on the premises. The sublessor argues it has not violated any contractual obligation regarding security, as the sublease makes clear that it does not control the common areas of the hotel. The property owner may amend its complaint to cite any provision of the sublease that the sublessor has allegedly breached.
Court: USDC Eastern District of Louisiana , Judge: Jolivette Brown, Filed On: June 21, 2023, Case #: 2:23cv692, NOS: Other Contract - Contract, Categories: Landlord Tenant, Contract
J. McAvoy rules on Syracuse University’s motion to dismiss a former student’s five-count Title IX gender discrimination lawsuit alleging the university discriminated against him on the basis of his gender when it found him guilty of sexually assaulting a female student and expelled him. The court dismisses his breach of contract and selective enforcement claims under Title IX and state law, while it preserves his Title IX gender-based erroneous outcome and state law breach of conduct claims, finding that he provided sufficient allegations that show the university acted with discriminatory intent when it sided with the female accuser over the male accused in an effort to refute public criticisms of how it handled claims of sexual abuse on its campus.
Court: USDC Northern District of New York, Judge: McAvoy, Filed On: June 21, 2023, Case #: 5:22cv644, NOS: Education - Civil Rights, Categories: Civil Rights, Education, Contract
J. Simms grants a county executive his motion for summary judgment following allegations of age and race discrimination brought by a lawyer looking to change careers and become a county police officer. Said applicant, a 53-year-old Black man, claims that two of three interviewers who were white behaved rudely and were standoffish while the third, a Black man, was kind and accommodating. The applicant did not score high enough on the interview to continue the process. Although the applicant believes he was not hired because of discrimination, he does not present sufficient evidence to proceed.
Court: USDC Maryland, Judge: Simms, Filed On: June 21, 2023, Case #: 8:20cv3006, NOS: Employment - Civil Rights, Categories: Government, Employment Discrimination
J. McFadden finds that the trial court properly ruled in favor of the medical center in a medical malpractice action brought by the children arising after their mother died from post-surgical internal bleeding. The trial court correctly disqualified the children's expert witness because he was not qualified to opine on the standard of care for nurses to identify signs of post-surgical internal bleeding and report them to a surgeon. Affirmed.
Court: Georgia Court of Appeals, Judge: McFadden, Filed On: June 21, 2023, Case #: A23A0267, Categories: Experts, Medical Malpractice