157 results for 'filedAt:"2023-08-02"'.
J. Robb finds the lower court properly convicted defendant of possession of methamphetamine, to which he pleaded guilty. Defendant argues he was unfairly sentenced, but the instant court finds no error in the lower court sentencing him to six years with two years suspended to probation. Affirmed.
Court: Indiana Court Of Appeals, Judge: Robb, Filed On: August 2, 2023, Case #: 22ACR2734, Categories: Drug Offender, Sentencing
Per curiam. The Supreme Court of the State of Kansas grants an attorney's motion for reinstatement of her license to practice law. The State argued that the court erred in disapproving certain conditions including forcing her to address her outstanding debt obligations. However, she is obligated to allow her supervised attorney access to her files and records.
Court: Kansas Supreme Court, Judge: Per curiam, Filed On: August 2, 2023, Case #: 105,339, Categories: Attorney Discipline
J. Emas finds that the trial court ruled properly in this contract dispute over a condominium sale. The buyer’s right to terminate the agreement concluded at closing, which never occurred. Affirmed.
Court: Florida Courts Of Appeal, Judge: Emas, Filed On: August 2, 2023, Case #: 3D22-2085, Categories: Contract
J. Ray finds that the trial court improperly granted the former husband’s motion to vacate a judgment in his divorce proceeding. The husband had proper notice of the proceedings and an opportunity to be heard. Reversed.
Court: Florida Courts Of Appeal, Judge: Ray, Filed On: August 2, 2023, Case #: 1D22-3537, Categories: Family Law
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J. Hendon finds that the trial court improperly denied the company’s motion to vacate a final judgment and writ of garnishment. The court erred in denying the company’s motion to quash service of process. Reversed.
Court: Florida Courts Of Appeal, Judge: Hendon, Filed On: August 2, 2023, Case #: 3D23-348, Categories: Due Process
Per curiam, the appellate division finds that the lower court improperly denied the restaurant and individual defendants' motion to dismiss negligent hiring and piercing the corporate veil claims stemming from serving alcohol to a man at a bar, who later drove intoxicated and injured the plaintiff. Reversed.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: August 2, 2023, Case #: 04096, Categories: Vehicle, Negligence
J. Colloton finds a lower court properly sentenced a defendant to 71 months in prison after he was convicted for RICO conspiracy. The defendant, a crack dealer, argued that his sentence is unreasonable. However, the government sufficiently showed in court that the defendant, who initially entered a county drug program to avoid prison, conspired to sell drugs on behalf of the Crips street gang, and is not entitled to a downward variance based on his ongoing criminal activities. Affirmed.
Court: 8th Circuit, Judge: Colloton, Filed On: August 2, 2023, Case #: 21-3654, Categories: Drug Offender, Sentencing, Gangs
[Consolidated]. J. Colloton finds a lower court properly sentenced a defendant for assaulting a person assisting a federal officer. The defendant, who awaited trial for possession of heroin, argued that his 375 month prison sentence is unreasonable. However, the defendant, who was placed in jail for various drug crimes, struck an officer in the back of the head, which resulted in a "concussion- like" injury, while he attempted to restrain a belligerent inmate in the television room. Affirmed.
Court: 8th Circuit, Judge: Colloton, Filed On: August 2, 2023, Case #: 22-2438, Categories: Drug Offender, Sentencing, Assault
J. Smith finds a lower court properly dismissed a national association of realtors' motion to compel arbitration. The association of realtors argued that it was entitled add unnamed class members who signed a listing agreement that contained an arbitration clause. However, the court, and not an arbitrator, is the proper venue, and that the association cannot enforce arbitration agreements against unnamed members of the class. Affirmed.
Court: 8th Circuit, Judge: Smith, Filed On: August 2, 2023, Case #: 22-2664, Categories: Arbitration, Real Estate
Per curiam, the Second Circuit finds that the district court properly ordered material unsealed in the Virginia Giuffre-Jeffrey Epstein litigation that identified an anonymous woman. No abuse of discretion occurred in finding that unsealing was warranted because the woman’s identity already was publicly known, as was much of the information in the litigation materials. Affirmed.
Court: 2nd Circuit, Judge: Per curiam, Filed On: August 2, 2023, Case #: 22-3050, Categories: Civil Procedure, Public Record
J. Pitman grants a law firm’s motion to intervene in a wrongful death case against the city of Austin and city police in which the law firm said it was removed from the case “without good cause” despite spending “significant amounts of time” investigating the family’s claims and otherwise working on the issue. The law firm has met its burden to intervene, including by showing it has an interest in this case due to a prior contingency fee arrangement and because no other party in this case will advocate for its interests.
Court: USDC Western District of Texas , Judge: Pitman, Filed On: August 2, 2023, Case #: 1:23cv9, NOS: Other Civil Rights - Civil Rights, Categories: Civil Procedure, Wrongful Death, Contract
J. Wesley finds that the bankruptcy court properly held Citigroup and Citibank in contempt for violating a discharge order secured by a debtor who voluntarily filed for Chapter 7 relief. The woman offered sufficient evidence that Citi refused to alert credit agencies to the discharge, leaving incorrect information of a “charge off” still owed in the hopes of coercing repayment anyway. However, the woman’s pursuit of class action for the contempt claim was improper because a bankruptcy court lacks authority to enforce the discharge orders of other bankruptcy courts. Affirmed in part.
Court: 2nd Circuit, Judge: Wesley, Filed On: August 2, 2023, Case #: 22-1000, Categories: Bankruptcy, Contempt, Class Action
J. Dooley grants the trusts' motion to dismiss, ruling that the charitable foundation's claims regarding the theft of insurance policy benefits are barred by res judicata because they should have been brought in the initial action filed in the Southern District of New York. Although the trusts and other defendants in this case are alter egos of the original defendants, their identities were known at the time the New York suit was filed and that court would have had jurisdiction over all the parties; therefore, the charitable foundation failed to state a claim upon which relief can be granted and the case must be dismissed in its entirety.
Court: USDC Connecticut, Judge: Dooley, Filed On: August 2, 2023, Case #: 3:20cv738, NOS: Other Contract - Contract, Categories: Civil Procedure, Insurance, Contract
J. Tufte finds that the district court improperly awarded primary residential responsibility for two children. The father alleges error in the form of gender bias and in the court’s finding that he was underemployed for purposes of child support. The matter is remanded with instructions to
reconsider the best interests of the children. Reversed.
Court: North Dakota Supreme Court, Judge: Tufte, Filed On: August 2, 2023, Case #: 2023ND141, Categories: Family Law
J. Wilkin finds the trial court properly overruled defendant's motion to exclude the testimony of the victim's mother about her behavior on the night of the rape, which was properly admitted under the excited utterance hearsay exception. Meanwhile, the victim's testimony defendant pulled her hair and grabbed her chest forcefully enough to cause bruising after she told him to stop, as well as defendant's admission in subsequent text messages that he forced her to have sex, was sufficient for the jury to convict him of rape. Affirmed.
Court: Ohio Court Of Appeals, Judge: Wilkin, Filed On: August 2, 2023, Case #: 2023-Ohio-2734, Categories: Evidence, Sex Offender
J. Huffman holds that the trial court erred when, after vacating defendant's two murder convictions, it redesignated robbery as the basis for his conviction. Defendant was not given notice that he would face a robbery charge and the charge was not supported by substantial evidence. Reversed.
Court: California Courts Of Appeal, Judge: Huffman, Filed On: August 2, 2023, Case #: D080369, Categories: Murder, Robbery, Due Process
[Consolidated.] J. Marbley grants the corporate officer's motion to dismiss, ruling that the conclusory allegations made by buyers of the defective solar energy equipment are insufficient to prove the officer was directly involved with allegedly fraudulent sales practices or that he exercised total control over the solar energy company. Meanwhile, the arbitration agreement between the financing company and the buyers is valid and enforceable, and so the claims against it will be dismissed and sent to arbitration.
Court: USDC Southern District of Ohio, Judge: Marbley, Filed On: August 2, 2023, Case #: 3:22cv242, NOS: Other Contract - Contract, Categories: Arbitration, Fraud, Contract
J. McCafferty grants a group of consumers’ motion to certify class and approves their class action settlement agreement in the class action they are taking against a credit union for violating the Electronic Funds Transfer Act, based on how the credit union assesses consumer overdrafts. The proposed settlement agreement is fair and unopposed and will go through a fairness hearing to be further explained and defended, so there is no reason to hinder it at this point.
Court: USDC New Hampshire, Judge: McCafferty, Filed On: August 2, 2023, Case #: 1:21cv534, NOS: Banks and Banking - Other Suits, Categories: Settlements, Banking / Lending, Class Action