115 results for 'filedAt:"2023-10-17"'.
J. Pirtle finds the district court properly affirmed the county court’s denial of the DUI defendant’s motion for absolute discharge on speedy trial grounds due to delays occurring from the forensic scientist’s lack of availability. Scheduling issues were identified well in advance of the original trial date and measures were taken to secure the availability of the expert’s testimony; due diligence was exercised. Defendant’s motion and subsequent appeal caused proceedings to extend beyond the six-month trial period, and so he has waived his right to a speedy trial. Affirmed.
Court: Nebraska Court Of Appeals, Judge: Pirtle, Filed On: October 17, 2023, Case #: A-23-178, Categories: Dui, Speedy Trial, Experts
J. You denies the city summary judgment against the student's disparate treatment claim in his complaint alleging that the city fired him after he failed the midterm exam and did not engage in an interactive process with him to accommodate his heart condition for the mandatory physical and written exams. A rational person could look at the evidence and conclude that the city displayed pretext when firing the student, because the city gave other students who failed academic and non-academic aspects of the academy another chance but not but not this student.
Court: USDC Oregon, Judge: You, Filed On: October 17, 2023, Case #: 3:19cv443, NOS: Employment - Civil Rights, Categories: Employment, Evidence, Employment Discrimination
J. Staab finds that the lower court properly denied a company's permit application to continue operating short-term rentals following landowner code changes. The landowning company says its application fits the requirement for operating the rentals as a nonconforming use, but this argument fails for two main reasons. Their application seeks to operate more than one short-term rental and the property owner does not intend to use of the residential buildings as a residence, two requirements under the new code. Affirmed.
Court: Washington Court Of Appeals, Judge: Staab, Filed On: October 17, 2023, Case #: 39273-2-III, Categories: Municipal Law, Property
J. Morris grants in part summary judgment in favor of the estates which say that a railway company exposed the decedents to high levels of asbestos while they were transporting crushed vermiculite ore through their town. While the record needs to be fleshed out further to determine if the company's asbestos handling falls under the common carrier doctrine, the company is not allowed moving forward to argue that its handling "did not constitute an abnormally dangerous activity."
Court: USDC Montana, Judge: Morris, Filed On: October 17, 2023, Case #: 4:21cv97, NOS: Asbestos Personal Injury Product Liability - Torts - Personal Injury, Categories: Asbestos
J. Chapman finds that the lower court properly convicted the defendant police officer of involuntary manslaughter for fatally shooting an unarmed man at his home while backing up another officer. The evidence supports a finding that the officer was not acting in self-defense or in defense of another officer when he shot and killed the victim. Not only did the officer intend to fire his gun, but his very entry into the curtilage of the victim’s residence was unlawful. Affirmed.
Court: Missouri Court Of Appeals, Judge: Chapman, Filed On: October 17, 2023, Case #: WD85232, Categories: Search, Self Defense, Manslaughter
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J. Kirsch declines to impose sanctions against banks accused of seeking to foreclose on a home despite an automatic stay because the homeowners' meritless pleadings raised issues similar to claims that have been adjudicated, and the homeowners engaged in "harassing and vexatious conduct." Meanwhile, the banks have complied with court disclosure rules.
Court: USDC New Jersey, Judge: Kirsch , Filed On: October 17, 2023, Case #: 3:18cv15387, NOS: All Other Real Property - Real Property, Categories: Debt Collection, Sanctions, Discovery
Per curiam, the appellate division finds that the lower court properly granted the mother's petition to modify the parties' parenting agreement and awarded her primary custody of the child. The father's voluntary decision to relocate to Bulgaria, thousands of miles from the child's home, rendered the parent's former custody agreement impossible. Affirmed.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: October 17, 2023, Case #: 05238, Categories: Family Law
J. Estudillo grants the family's counsel $39,800 in attorney fees for their complaint that the prison healthcare services' negligent practices concerning suicide prevention led to the death of the inmate. The family's counsel is entitled to fees regarding research of the deleted video, deposition and discovery prep, and for time spent drafting a notice of deposition. The family's counsel had to spend time on this because of Kitsap County's spoliation of the video evidence.
Court: USDC Western District of Washington, Judge: Estudillo, Filed On: October 17, 2023, Case #: 3:21cv5800, NOS: Other Civil Rights - Civil Rights, Categories: Sanctions, Discovery, Attorney Fees
J. Fannie Mae denies a request by a Baton Rouge real estate company to dismiss a complaint by two apartment owners who argued that it must legally indemnify them against a foreclosure suit by Fannie Mae in exchange for being designated the exclusive property manager of their housing units. The apartment owners have alleged a plausible claim of legal indemnity against the realty firm, specifically that any potential finding of liability on their part would be “constructive or derivative” of the property manager’s own fault.
Court: USDC Middle District of Louisiana, Judge: Bourgeois, Filed On: October 17, 2023, Case #: 3:21cv551, NOS: Other Contract - Contract, Categories: Government, Property, Real Estate
J. Kobayashi partially dismisses claims by a helicopter association that says a new state law requiring tour aircraft operators to submit monthly reports about flight information to the state Department of Transportation is preempted by the Federal Aviation Act. The claims against the state are barred by the 11th Amendment, though claims against the DOT director may remain. Though the measure is yet to be fully implemented, the helicopter association did show sufficient potential hardship, as the threat of enforcement is enough for the claims to survive. A claim related to a previous dispute involving FAA regulations is dismissed as it should have been brought as a refiling in the prior case, not a new complaint.
Court: USDC Hawaii, Judge: Kobayashi, Filed On: October 17, 2023, Case #: 1:23cv83, NOS: Constitutionality of State Statutes - Other Suits, Categories: Constitution, Government, Aviation
J. Gwin finds the trial court erroneously denied defendant's motion to suppress her Google search history. The law enforcement official who applied for the search warrant lacked the necessary expertise to establish probable cause for the search or explain the exact location of the data that would provide a link between defendant and the crime. However, because the evidence of the search, including results for "how to rinse off mace," was not instrumental in the jury's verdict, which was supported by eyewitness testimony and other evidence, the error was harmless and defendant's conviction will be upheld. Affirmed.
Court: Ohio Court Of Appeals, Judge: Gwin, Filed On: October 17, 2023, Case #: 2023-Ohio-3781, Categories: Burglary, Evidence, Search
J. Peterson finds in favor of the law firm in its lawsuit seeking payment from a former client of a roughly $96,000 bill for the firm's successful legal work on his behalf in a dispute with his employer. The client's claim of malpractice against the firm, supported only by his own "personal dissatisfaction" with his attorney's work, is not enough to overcome the fact that he has clearly breached his contract with the firm by refusing to pay his bill. Summary judgment is granted to the firm, and it is awarded its $96,952 unpaid bill in addition to damages and expenses for a total judgment of $149,180.
Court: USDC Western District of Wisconsin, Judge: Peterson, Filed On: October 17, 2023, Case #: 3:22cv66, NOS: Other Civil Rights - Civil Rights, Categories: Attorney Fees, Contract
J. Menendez dismisses the insured's suit against his life insurance provider for failure to state a claim. The insured's claims, stemming from assertions that language concerning premium payments and the cash value of his policy was unclear and confusing, are variously time-barred or not based on a statutorily-established private right of action. An unjust-enrichment claim also fails since the parties are governed by a valid contract and the insured has not shown that the insurer was not entitled to premiums he paid.
Court: USDC Minnesota, Judge: Menendez, Filed On: October 17, 2023, Case #: 0:23cv1112, NOS: Insurance - Contract, Categories: Insurance, Contract
J. Tyson finds that the trial court should have dismissed trip and fall claims brought against a high school principal in her individual capacity because she is entitled to immunity on the negligence claim for acts that occurred within the scope of her employment. Reversed.
Court: North Carolina Court of Appeals, Judge: Tyson, Filed On: October 17, 2023, Case #: COA23-331, Categories: Immunity, Negligence
J. Kauger finds the trial court improperly dismissed this suit arising from injuries sustained by citizens in a collision with an Oklahoma Highway Patrol Trooper. A letter asking the highway patrol to preserve evidence was determined by the Office of Management & Enterprise Services to be statutory notice of a governmental tort claim, triggering Oklahoma Governmental Tort Claims Act limits. The trial court then determined that time limit had expired when the suit was filed. The letter did not include language and information complying with the Act as constituting notice. Reversed and remanded.
Court: Oklahoma Supreme Court, Judge: Kauger, Filed On: October 17, 2023, Case #: 121422, Categories: Government, Tort, Vehicle
J. Kauger suspends attorney James Reedy’s license to practice law in Oklahoma after his guilty plea to a felony drunk driving accident in Alabama that killed a bicyclist. The attorney did not alert the Oklahoma or Alabama Bars of his criminal charges, resulting in a six-year lapse in resolution. The better practice involving concerns of a lawyer’s potential fitness to practice law would have been to self-report. Because another person was killed, and the cause was no routine misdemeanor, a suspension for two years and one day and the payment of costs is appropriate.
Court: Oklahoma Supreme Court, Judge: Kauger, Filed On: October 17, 2023, Case #: SCBD-7268, Categories: Vehicle, Wrongful Death, Attorney Discipline
J. Sabraw denies a background check agency's motion to dismiss Fair Credit Reporting Act claims brought by a class of consumers who say the agency is reporting and publishing consumers' criminal cases that have been expunged. There is a genuine dispute as to whether the agency's review of the state court's website rather than the actual court docket was a reasonable procedure, especially given the disclaimer on the website stating that the information found there does not constitute the official record of the court.
Court: USDC Southern District of California, Judge: Sabraw, Filed On: October 17, 2023, Case #: 3:16cv662, NOS: Other Statutory Actions - Other Suits, Categories: Consumer Law
J. Loken finds a lower court properly sentenced a defendant to 230 months in prison for robbing a bank using a dangerous weapon, brandishing a pistol in relation to a crime of violence, discharging a pistol in a crime of violence, using a AR-15 rifle in a crime of violence, and possessing an AR-15 rifle as an unlawful drug user. The defendant argued that his conviction was based on lack of evidence. However, the defendant stole a pickup truck, attempted to flee from police, crashed the vehicle near a roadblock, and then waived his Miranda rights before disclosing statements he made to an FBI agent in an interview that was recorded. Affirmed.
Court: 8th Circuit, Judge: Loken, Filed On: October 17, 2023, Case #: 22-3659, Categories: Firearms, Miranda, Robbery
J. Rothstein denies the employee's motion to file a second amended and supplemental complaint in his lawsuit against Boeing, alleging that Boeing's counsel engaged in intimidating conduct against him during litigation discovery for his employment disability discrimination lawsuit. The supplemental claim is futile because the actions at issue happened during the broad scope of discovery, making them immune under the litigation privilege.
Court: USDC Western District of Washington, Judge: Rothstein, Filed On: October 17, 2023, Case #: 3:22cv5728, NOS: Employment - Civil Rights, Categories: Employment, Discovery, Employment Discrimination