136 results for 'filedAt:"2023-07-19"'.
J. Messitte defers the Maryland’s motion for summary judgment until a class of retired employees has a chance to submit proof of fraud claims in this suit regarding the state’s prescription drug coverage under the class’ retirement benefits. Also, the class’ third motion for certification is futile because there is no contract between it and the state to be analyzed.
Court: USDC Maryland, Judge: Messitte, Filed On: July 19, 2023, Case #: 1:18cv2817, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Employment, Fraud
J. Ortega finds the trial court erred by permanently revoking driving privileges of a defendant convicted of DUII, which the state concedes was erroneous. Defendant’s Alaska DUII conviction should not have been considered in the revocation since the elements in both of the relevant statutes are not the same. Reversed in part.
Court: Oregon Court of Appeals, Judge: Ortega, Filed On: July 19, 2023, Case #: A176393, Categories: Criminal Procedure, Sentencing, Dui
Per curiam, a panel of the 11th Circuit finds that the district court improperly denied defendant's petition for habeas relief from his death sentence for kidnapping with bodily injury and armed robbery. Defendant's due process rights were violated by a now-overruled discovery rule still in effect during defendant's trial which required defendant's expert's written results to be given to the state even if defendant did not call the witness. Defendant's counsel decided not to hire a psychiatric expert during the sentencing phase because of the rule. The state habeas court incorrectly found that defendant failed to show any chilling effect from the rule. The mitigation evidence about defendant's mental health deficiencies from his eventual evaluation by two experts could have resulted in a life sentence in light of the jury's hesitation to impose the death sentence. Reversed in part.
Court: 11th Circuit, Judge: Per curiam, Filed On: July 19, 2023, Case #: 18-13467, Categories: Death Penalty, Habeas, Kidnapping
J. Brennan finds that the lower court properly denied defendant's habeas petition alleging ineffective assistance of counsel because his trial counsel failed to pursue a hearing on his motion to suppress his videotaped confession. The motion would not have succeeded as defendant acknowledged on the video that detectives advised him of his Miranda rights. Affirmed.
Court: 7th Circuit, Judge: Brennan, Filed On: July 19, 2023, Case #: 20-3151, Categories: Evidence, Habeas
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Per curiam, the Ninth District denies defendant’s petition for a writ of mandamus seeking to compel the trial court to hold an examining trial. Defendant fails to mention whether he has been indicted and the petition is silent about whether he is represented by counsel. The petition doesn’t show that defendant filed a motion in the trial court asking it to conduct an examining trial; it only says that he hasn’t had one. Defendant failed to include an appendix to his petition containing the records required to establish his petition has merit and has not shown that an abuse of discretion occurred.
Court: Texas Courts of Appeals, Judge: Per curiam, Filed On: July 19, 2023, Case #: 09-23-00219-CR, Categories: Fair Trial, Due Process
[Consolidated.] J. Easterbrook vacates the lower court's order declining to enter a permanent injunction, as this environmental suit should have been dismissed. The Fish and Wildlife Service revoked a permit originally granted to a utility allowing an electric transmission line to deliver wind energy from Iowa to Wisconsin to be constructed across the Upper Mississippi River National Wildlife and Fish Refuge. Since the permit has been revoked, the matter remains before the agency and there is no record for the court to review. Vacated.
Court: 7th Circuit, Judge: Easterbrook, Filed On: July 19, 2023, Case #: 22-1347, Categories: Energy, Environment, Agency
J. Corker partially grants the plaintiff company's motion for summary judgment in this lawsuit concerning the use of a "rebuttable presumption" of social disadvantage for certain minority groups in determining access to "a federal program that awards government contracts on a preferred basis to businesses owned by individuals in those minority groups." The plaintiff small business has standing, and the government defendants have not shown "a compelling interest for their use of the rebuttable presumption," or that the presumption is "narrowly tailored." Accordingly, the court enjoins use of the rebuttable presumption in the Small Business Administration's 8(a) program.
Court: USDC Eastern District of Tennessee , Judge: Corker, Filed On: July 19, 2023, Case #: 2:20cv41, NOS: Other Civil Rights - Civil Rights, Categories: Constitution, Government, Equal Protection
J. Lagesen finds the juvenile court properly terminated a mother’s parental rights after finding her to be unfit. The evidence shows the mother has not adequately addressed "ongoing substance abuse issues" and has not made progress toward "securing a safe, stable living situation for (child).” Affirmed.
Court: Oregon Court of Appeals, Judge: Lagesen, Filed On: July 19, 2023, Case #: A179557, Categories: Evidence, Family Law
J. Nardacci trims a former corrections officers’ civil rights complaint brought against Tioga County and its sheriff’s department alleging they suppressed his speech and forced him to retire after he publicly revealed his intent to run for county sheriff. The court dismisses his claims for municipal liability and all claims brought against the county sheriff’s department, while preserving his claims for First Amendment suppression and retaliation, due process violations as well as his claims for defamation.
Court: USDC Northern District of New York, Judge: Nardacci, Filed On: July 19, 2023, Case #: 3:22cv340, NOS: Other Civil Rights - Civil Rights, Categories: Defamation, First Amendment
J. Nye grants a beauty goods company's motion to dismiss or transfer venue involving a matter in which former employees seek a declaratory judgment that they are not bound by the arbitration provision of the Independent Stylist Agreement. The former employees do not have any fatal errors in their complaint, therefore the matter is not dismissed. However, "it would be more efficient for the parties and the judicial system to hear these claims in New Jersey."
Court: USDC Idaho, Judge: Nye, Filed On: July 19, 2023, Case #: 2:22cv397, NOS: Arbitration - Other Suits, Categories: Arbitration, Jurisdiction
J. McKeig affirms the dismissal of the prisoner's second postconviction relief petition, which claimed ineffective assistance of appellate counsel and jury misconduct and sought to compel discovery. There is no reasonable probability, in light of overwhelming evidence that the prisoner killed his wife after searching for poisons and a hit man on the dark web, that the outcome of the prisoner's trial or appeals would have been different were it not for claimed errors. The prisoner also failed to meet his burden to show the need for a hearing on alleged jury misconduct. Affirmed.
Court: Minnesota Supreme Court, Judge: McKeig, Filed On: July 19, 2023, Case #: A22-1378, Categories: Ineffective Assistance, Jury, Murder
J. Menendez grants the mortgage holder's motion for sanctions against the mortgagor for filing frivolous litigation and vexatiously removing actions to federal court without adequate justification and well after receiving service in state court actions. The mortgagor is ordered to pay the mortgage holder's costs and expenses incurred by his filing of a notice of removal in this action, and is placed on the list of restricted filers in the District of Minnesota.
Court: USDC Minnesota, Judge: Menendez, Filed On: July 19, 2023, Case #: 0:22cv3117, NOS: Foreclosure - Real Property, Categories: Sanctions, Foreclosure
J. Robb finds that the lower court properly upheld the denial of annexation of two territories from North Township to the Village of Scio. The Harrison County Board of Commissioners’ decision contained sufficient findings of fact and the court did not err in adding supplemental reasons to deny annexation. Affirmed.
Court: Ohio Court Of Appeals, Judge: Robb, Filed On: July 19, 2023, Case #: 2023-Ohio-2479, Categories: Municipal Law
J. Hudson conditionally reinstates attorney William Winter to the practice of law following his 30-day suspension, subject to successful completion of a written examination on professional responsibility.
Court: Minnesota Supreme Court, Judge: Hudson, Filed On: July 19, 2023, Case #: A21, Categories: Attorney Discipline
J. Montenegro finds that the operators of medical supply facilities, as non-signatories to an arbitration agreement, may not enforce its provisions as third-party beneficiaries in a suit brought against them by a worker alleging unpaid compensation. The worker's contract is with a temporary staffing company and the operators of the medical supply facilities fail to show that they are or were at any time "partners" of the staffing company. Furthermore, nothing in the arbitration agreement "evinces an intention to cover assignees or successors-in-interest."
Court: USDC Southern District of California, Judge: Montenegro, Filed On: July 19, 2023, Case #: 3:21cv1519, NOS: Other Labor Litigation - Labor, Categories: Arbitration, Employment
J. Faris upholds the bankruptcy court's refusal to allow a debtor to sue its former chapter 11 trustee in another forum. The bankruptcy court found the debtor failed to support a prima facie case against the trustee, and the debtor lacks standing because its plan invested all estate claims in the plan trust; therefore, only the plan could pursue claims against the trustee. Affirmed.
Court: 9th Circuit, Judge: Faris, Filed On: July 19, 2023, Case #: CC-23-1034-FLS, Categories: Bankruptcy, Civil Procedure, Venue