184 results for 'filedAt:"2023-06-21"'.
J. Emas finds the trial court improperly granted summary judgment to the insurance company in the insured's dispute over coverage for damages her property suffered during Hurricane Irma in 2017. Although the record shows the insured waited almost two-and-a-half years after the hurricane to file her claim, there is a genuine dispute over whether her notice was "prompt" given that she did not learn of the damages for much of that time while a tenant was living in the property and never told her about them, and she filed her claim three weeks after discovering them for the first time. The trial court is overturned and the matter is remanded for further proceedings. Reversed.
Court: Florida Courts Of Appeal, Judge: Emas, Filed On: June 21, 2023, Case #: 21-1847, Categories: Insurance, Contract
J. Ziegler finds against defendant in his appeal claiming his second prosecution for sexual assault of a minor exposes him to double jeopardy since the charges largely deal with matters from the first prosecution, which ended in a mistrial and dismissal caused by intentional overreach by a prosecutor who attempted to broaden the time frame of the allegations and introduce other acts evidence and amend the information during trial against the court's orders. Defendant was never exposed to jeopardy for the specific 10 charges in his new case, in part because they were never charged and fully addressed before the initial mistrial, so defendant was never at risk of being convicted of them, and constitutional and common law issue preclusion do not bar the new charges because the initial mistrial and dismissal means there was no "valid judicial determination of the ultimate fact" or actual litigation of the scope of defendant's jeopardy. The court of appeals incorrectly upheld the circuit court's dismissal of the new criminal complaint, and the matter is remanded to take up defendant's argument of "prosecutorial vindictiveness." Reversed.
Court: Wisconsin Supreme Court, Judge: Ziegler, Filed On: June 21, 2023, Case #: 2020AP002012-CR, Categories: Constitution, Sex Offender, Double Jeopardy
J. Lasnik finds in partial favor of the orthodontist in the insurance company's complaint seeking a determination that it has no duty to provide further coverage for water damage to the orthodontist's suite after another tenant started a fire and caused the building's sprinklers to go off. The orthodontist has a right to coverage for all tenant improvements the insurance company identified as covered in a June 2020 coverage determination, "regardless of whether the improvements were there when he took occupancy or were added by him afterward." The orthodontist is also entitled to summary judgment on his claim that the insurance company acted in bad faith by failing to reasonably investigate his insurance claim.
Court: USDC Western District of Washington, Judge: Lasnik, Filed On: June 21, 2023, Case #: 2:20cv1076, NOS: Insurance - Contract, Categories: Insurance, Attorney Fees
J. Holland grants a motion to exclude expert testimony and opinions in an insurance dispute over the policy coverage amount after an insured's roof failed due to snow load. The insured did not disclose the individual as an expert witness after retaining him in July 2022, and did not provide a signed expert report from him, therefore the insured is precluded from relying on the expert's opinions regarding building code and ordinances.
Court: USDC Alaska, Judge: Holland, Filed On: June 21, 2023, Case #: 4:20cv23, NOS: Insurance - Contract, Categories: Insurance, Contract
J. McKeig affirms the Court of Appeals' decision that termination of the parental rights of a father convicted of an offense requiring registration as a predatory offender was proper. A juvenile court has subject-matter jurisdiction to terminate the parental rights of a presumed father, and conviction for a crime requiring predatory-offender registration is adequate grounds for termination of parental rights. Affirmed.
Court: Minnesota Supreme Court, Judge: McKeig, Filed On: June 21, 2023, Case #: A22-0589, Categories: Family Law, Jurisdiction
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J. Moore reverses the Court of Appeals' dismissal of the environmental groups' challenge to the mining project's air emissions permit, finding that service upon the mining company before a 30-day deadline was sufficient under the Minnesota Administrative Procedures Act, and service to the company's counsel before that deadline was not necessary. Reversed.
Court: Minnesota Supreme Court, Judge: Moore, Filed On: June 21, 2023, Case #: A22-0068, Categories: Civil Procedure, Environment
J. Alonso enters judgment in favor of the Chicago Cubs on allegations that Wrigley Field lacks sufficient disability-accessible seating. The case was brought by a disabled Cubs fan whose favorite seating area was demolished as part of Wrigley Field’s recent “1060 Project” renovations, in order to make room for a new bar. Despite the loss of that seating area, the court finds that Wrigley Field has as least 210 disability-accessible seats, one more than it is minimally required to have under the Americans with Disabilities Act.
Court: USDC Northern District of Illinois, Judge: Alonso, Filed On: June 21, 2023, Case #: 1:17cv9023, NOS: Amer w/Disabilities - Other - Civil Rights, Categories: Civil Rights, Ada / Rehabilitation Act
J. Jones grants, in part, Butterball's motion for a protective order in a labor action. The worker's phase 1 broad discovery requests will be limited to only information regarding himself and the one opt-in plaintiff.
Court: USDC Eastern District of North Carolina, Judge: Jones, Filed On: June 21, 2023, Case #: 5:20CV585, NOS: Fair Labor Standards Act - Labor, Categories: Civil Procedure, Discovery, Labor
J. Howard grants a "vigilante-style group" called Predator Catchers dismissal of defamation and invasion of privacy claims brought after the group accused plaintiff of being a sexual predator for lack of jurisdiction.
Court: USDC Middle District of Florida, Judge: Howard, Filed On: June 21, 2023, Case #: 3:22cv414, NOS: Assault, Libel, & Slander - Torts - Personal Injury, Categories: Defamation, Privacy, Jurisdiction
J. Markle finds that the trial court improperly dismissed defendant's motion to vacate a void sentence. However, the trial court correctly found that defendant's life sentence for armed robbery and 20-year sentence for aggravated assault are not void because they fall within the statutory range of punishment. The trial court was authorized to impose a life sentence for the armed robbery conviction regardless of whether defendant was a recidivist. The motion should have been denied rather than dismissed. Vacated.
Court: Georgia Court of Appeals, Judge: Markle, Filed On: June 21, 2023, Case #: A23A0220, Categories: Robbery, Sentencing, Assault
J. McMillian finds that the trial court improperly convicted defendant of murder after defendant entered a plea of guilty but mentally ill. The trial court incorrectly denied defendant's motion to withdraw his plea because the state failed to show that the plea was knowing and voluntary. Defendant repeatedly said that he felt threatened into entering the plea by police officers, claiming that the police threatened to kill his family. Reversed.
Court: Georgia Supreme Court, Judge: McMillian, Filed On: June 21, 2023, Case #: S23A0253, Categories: Murder, Plea
[Consolidated.] J. Parker finds that the district court properly declined to vacate five defendants' convictions for carrying firearms in furtherance of an organized crime syndicate's illegal gambling operations. Racketeering may no longer constitute a predicate crime of violence due to changes to precedent, but substantive RICO offenses do when convictions are based on offenses that require actual, attempted, or threatened use of force. Affirmed.
Court: 2nd Circuit, Judge: Parker, Filed On: June 21, 2023, Case #: 21-932 (L), Categories: Firearms, Racketeering
J. Dillard finds that the trial court improperly denied the ex-husband's request for a declaratory judgment and ordered him to maintain a life insurance policy naming the ex-wife as a beneficiary even after she remarried. Although the trial court correctly found that the ex-husband's payment of the policy premiums constituted periodic alimony, it incorrectly relied on the doctrine of promissory estoppel to find that his obligation to maintain the policy continued after the ex-wife's remarriage. Reversed.
Court: Georgia Court of Appeals, Judge: Dillard, Filed On: June 21, 2023, Case #: A23A0489, Categories: Family Law, Insurance
J. Mullins finds that defendant was properly sentenced following revocation of deferred judgment for probation violations related to his burglary conviction. Defendant twice violated probation, and he had been given the right to allocution. Affirmed.
Court: Iowa Court Of Appeals, Judge: Mullins, Filed On: June 21, 2023, Case #: 22-0661, Categories: Burglary, Probation
J. Schumacher finds that a mother's parental rights were properly terminated since she had been accused of shaking her baby to death and she had not resolved substance abuse and mental health issues. Affirmed.
Court: Iowa Court Of Appeals, Judge: Schumacher, Filed On: June 21, 2023, Case #: 23-0581, Categories: Family Law
J. Bennett grants the U.S. Naval Department’s secretary and vice admiral their motion to dismiss with prejudice a suit against them by a sailor whom they kicked out of a Naval Academy preparatory program for bringing alcohol to his dorm and sharing it with other students, one of whom became ill. The department moves to dismiss for a lack of standing, which is warranted here, and the suit cannot proceed anyway because the Navy’s decision to kick the soldier out is nonjusticiable.
Court: USDC Maryland, Judge: Bennett, Filed On: June 21, 2023, Case #: 1:22cv2299, NOS: Administrative Procedure Act/Review or Appeal of Agency Decision - Other Suits, Categories: Administrative Law, Government, Military
[Consolidated.] J. Gilman finds the trial court properly calculated the guidelines for a father and son's life imprisonment sentences on kidnapping convictions. The trial court properly applied a sexual-exploitation enhancement to the son's sentence based on evidence he had non-consensual sex with the female victim. Affirmed.
Court: 6th Circuit, Judge: Gilman, Filed On: June 21, 2023, Case #: 22-5420, Categories: Drug Offender, Sentencing, Kidnapping
J. Chase finds that defendant was properly convicted of manslaughter and obstruction of justice. The evidence shows that defendant initiated the
altercation with the victim. Further, defendant admitted to shooting the victim, and two witnesses testified that defendant ran towards the victim to attack him, without the victim drawing his weapon. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Chase, Filed On: June 21, 2023, Case #: 2022-KA-0849, Categories: Evidence, Obstruction, Manslaughter
J. Chaisson finds that defendant was properly convicted of attempted second degree murder, possession of a firearm by a convicted felon, and obstruction of justice. The 70-year enhanced sentence for the attempted second degree murder conviction was properly imposed based on the violent nature of the crime. The evidence shows that defendant shot the victim multiple times, and the bullets hit the victim's lungs, liver, kidney, bladder and heart, rendering the victim paralyzed. However, the 40-year sentence resulting from the obstruction of justice conviction should be vacated because, under statute, the penalty should not be imprisonment for more than 20 years. Affirmed in part.
Court: Louisiana Court Of Appeal, Judge: Chaisson, Filed On: June 21, 2023, Case #: 22-KA-562, Categories: Murder, Sentencing, Obstruction
J. Wicker finds that defendant was properly convicted of second degree murder. In this case, defendant testified that he shot the victim, who died as a result of the gunshot wounds. There was witness testimony that defendant fired his gun first and that the victim only fired back after he was shot. Therefore, any wrongfully admitted other crimes evidence was harmless error. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Wicker, Filed On: June 21, 2023, Case #: 22-KA-570, Categories: Evidence, Murder
J. Pinson finds that the appeals court improperly upheld the trial court's ruling in favor of the individuals in an action against the extended-stay motel alleging that they could not be evicted from the motel without dispossessory proceedings. Neither court correctly determined whether the parties were in a landlord-tenant relationship or an innkeeper-guest relationship. The case is remanded to allow the trial court to apply the legal framework laid out in the instant opinion. Vacated.
Court: Georgia Supreme Court, Judge: Pinson, Filed On: June 21, 2023, Case #: S22G0838, Categories: Landlord Tenant