177 results for 'filedAt:"2023-06-28"'.
J. Lowy finds a guilty-filed disposition is considered a predicate offense in a case where defendant argues his prior guilty plea to shoplifting cannot be used as a predicate offense to his third and most recent shoplifting charge. The term "offense" for sentencing purposes is synonymous with conviction.
Court: Massachusetts Supreme Court, Judge: Lowy, Filed On: June 28, 2023, Case #: SJC-13379 , Categories: Sentencing, Theft
In two conflicting opinion-dissents, separate majorities of the court led by J. Hudson and J. Chutich find that under a Minnesota Rule of Civil Procedure requiring that an "action" be filed within one year of commencement, filing of an "action" means filing of the summons and complaint with the court, but that the homeowner's association's filing of that summons and complaint as an exhibit to an affidavit included with a memorandum in support of its motion for appointment of a neutral umpire was sufficient to meet this requirement.
Court: Minnesota Supreme Court, Judge: Hudson; Chutich, Filed On: June 28, 2023, Case #: A21-0761, Categories: Civil Procedure, Insurance
J. Moore affirms the district court's dismissal of civil-rights claims brought by the offender, convicted of second-degree assault arising out of a set of circumstances that also gave rise to a kidnapping charge that was dismissed as part of a plea agreement. The Bureau of Criminal Apprehension's determination that the offender must register as a predatory offender did not constitute a continuing violation of civil rights, so the district court's dismissal of the claims on the grounds that they were time-barred was not erroneous. Affirmed.
Court: Minnesota Supreme Court, Judge: Moore, Filed On: June 28, 2023, Case #: A21-1378, Categories: Civil Rights, Due Process
Want access to unlimited case records and advanced research tools? Create your free CasePortal account now. No credit card required to register.
Try CasePortal for Free
J. Kollar-Kotelly grants, in part, an individual's motion to compel discovery in connection with her discrimination and retaliation claims against an accounting firm regulator. Although the individual seeks comparator information for any discrimination and retaliation complaints, but only complaints related to race, gender and political discrimination, and retaliation for protected activity.
Court: USDC District of Columbia, Judge: Kollar-Kotelly, Filed On: June 28, 2023, Case #: 1:21cv1006, NOS: Employment - Civil Rights, Categories: Discovery, Employment Discrimination, Employment Retaliation
J. Melgren rules a patent holder of a vehicle cabin temperature regulator may pursue violations of covenant of good faith and fair dealing against a patent licensee. The patent holder sufficiently showed in court that the licensee refuses to provide royalty statements for auditing.
Court: USDC Kansas, Judge: Melgren, Filed On: June 28, 2023, Case #: 2:22cv2043, NOS: Other Contract - Contract, Categories: Patent, Contract
J. Tunheim partially grants the business purchaser's motion to confirm an arbitration award, for recovery of costs and attorney's fees and to correct a technical error in the arbitration award. The arbitrator did not err by determining that the purchaser did not breach the businesses' former owner's employment agreement by failing to pay him a contractually promised salary upon termination, nor by failing to hear evidence related to a fraudulent-inducement argument. The award is therefore confirmed, but the purchaser's proposed modifications are not. The former owner's fraudulent-inducement counterclaim cannot succeed, so a stay on it is lifted and it is dismissed. The purchaser's request to expand the scope of its summary judgment to include admissions made in an answer in related Illinois litigation is denied.
Court: USDC Minnesota, Judge: Tunheim, Filed On: June 28, 2023, Case #: 0:17cv5009, NOS: Other Contract - Contract, Categories: Arbitration, Fraud, Contract
J. Rodriguez finds the trial court improperly granted defendant’s motion to suppress a video-recorded statement after she was involved in a car accident resulting in a fatality. Defendant was “fully aware of her rights when she proceeded with the interview.” Reversed.
Court: Texas Courts of Appeals, Judge: Rodriguez, Filed On: June 28, 2023, Case #: 8-22-00174-CR, Categories: Evidence
J. Quattlebaum finds the lower court properly awarded the insurance company after a denial of long-term benefits was disputed. The insurance company did not abuse its discretion in denying the writer's claim despite his cardiovascular history including two open heart procedures. His most recent examination from a doctor determined that he did not suffer from any cardiovascular symptoms such as chest pain or pressure. He was walking 3 miles a day to improve his overall health, meaning he could hypothetically perform his sedentary job. Affirmed.
Court: 4th Circuit, Judge: Quattlebaum , Filed On: June 28, 2023, Case #: 22-1519, Categories: Erisa, Insurance
J. Spraker upholds the bankruptcy court's finding that a creditor did not forfeit its secured claim against an LLC when the owner sold property jointly owned by herself and the LLC. The creditor was not required to bring a compulsory counterclaim against a non-party.
Court: 9th Circuit, Judge: Spraker, Filed On: June 28, 2023, Case #: AZ-22-1130-SFL , Categories: Bankruptcy
J. Coogler refuses to find for a property management company on a 72-year-old disabled veteran's housing case, in which he claims his landlord refuses to accept his Section 8 housing vouchers. The veteran's request is reasonable, as he is not asking for lower rent, but only asking the landlord to accept that part of his rent is paid by the local housing authority.
Court: USDC Northern District of Alabama , Judge: Coogler, Filed On: June 28, 2023, Case #: 2:22cv254, NOS: Housing/Accommodations - Civil Rights, Categories: Landlord Tenant, Housing
J. Garcia finds that the lower court properly terminated the parent-child relationship between a mother and her son. Contrary to the mother's argument on appeal, the evidence sufficiently supports a finding that the child was removed "for abuse or neglect." Affirmed.
Court: Texas Courts of Appeals, Judge: Garcia, Filed On: June 28, 2023, Case #: 05-23-00090-CV, Categories: Evidence, Family Law
J. Eyler agrees with the lower court's decision that a pickup truck driver's appeal of the claim that he intentionally hit a ferry worker with his truck is not delegitimated by the worker's receipt of worker's compensation. The truck driver allegedly rammed the worker and injured him after the worker refused to let him drive onto the ferry due to weight restrictions. The driver fails to provide evidence that the worker, who testified against him, had any financial motive to do so, including receipt of worker's compensation. Affirmed.
Court: The Appellate Court of Maryland, Judge: Eyler, Filed On: June 28, 2023, Case #: C-22-CR-21-000340, Categories: Vehicle, Assault, Workers' Compensation
J. Jorgensen finds the trial court improperly denied defendant's motion to withdraw his sexual assault guilty plea. Due to record inaccuracies and the court's lack of corrective efforts, remand would serve the substantive purpose of requiring postplea counsel to comply with rules and file a new certificate of compliance and conduct new postplea proceedings. Uncertainty as to counsel’s examination of the report of proceedings, consultation regarding potential sentencing errors, and the decision concerning the filing of a motion to reconsider the sentence would be fully developed in new postplea proceedings accompanied by an unrebutted certificate. Vacated.
Court: Illinois Appellate Court, Judge: Jorgensen , Filed On: June 28, 2023, Case #: 2-22-0323, Categories: Sex Offender, Plea, Due Process
[Consolidated.] J. Park finds that the district court properly calculated disgorgement at $64 million in civil enforcement claims regulators brought against an investment adviser after his criminal indictment for insider trading uncovered a decade of thefts from his employer and clients. Precedent and amendments made to the exchange act authorize disgorgement as a remedy, and the sum reasonably approximated profits gained in the wrongdoing. However, any gains on assets that had been frozen must be addressed on remand to evaluate possible relationships to fraud. Affirmed in part.
Court: 2nd Circuit, Judge: Park, Filed On: June 28, 2023, Case #: 21-1686 (L), Categories: Securities, Damages
J. Carter affirms the Magistrate's decisions regarding discovery orders in this suit alleging misappropriation of trade secrets, breach of contract, tortious interference and unfair competition in relation to the employee's alleged wrongful retention or copying of certain confidential and proprietary information obtained during his employment. There is a factual dispute regarding whether the employee joined a competing business or strictly communicated with it. The court sets aside and refers, for reconsideration, to the Magistrate the issues of the risk management service's motion to compel deposition testimony on communications made during settlement negotiations and the employee's proposed third-party subpoena to the competing business.
Court: USDC Southern District of New York, Judge: Carter , Filed On: June 28, 2023, Case #: 1:21cv3687, NOS: Defend Trade Secrets Act of 2016 (DTSA) - Property Rights, Categories: Employment, Trade Secrets, Business Expectancy
J. Pitman finds that defendant was properly resentenced to 20 years at hard labor on his conviction for manslaughter. Defendant does not present evidence to support his claim of poor health, and the sentence is not excessive based on defendant finding a gun and killing an unarmed victim during a drug fueled altercation. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Pitman, Filed On: June 28, 2023, Case #: 55,099-KA, Categories: Sentencing, Manslaughter
J. Hudson grants the city's motion for sanctions. The husband hoping to sue the city and his ex-wife following a custody battle, emailed countless harassing, degrading and threatening emails to the ex-wife's counsel.
Court: USDC Eastern District of Virginia, Judge: Hudson, Filed On: June 28, 2023, Case #: 3:22cv745, NOS: Land Condemnation - Real Property, Categories: Malicious Prosecution, Sanctions, Due Process