141 results for 'filedAt:"2023-08-04"'.
J. Luckert finds a lower court properly convicted a defendant on charges of attempted aggravated burglary. The defendant argued that the State failed to provide sufficient evidence in court that he intentionally entered a residence that was occupied. However, a text message discovered by authorities that he sent his girlfriend stated: "I just got my phone back, babe. I lost it running from the cops. Someone seen me...and I almost got caught breaking in." Affirmed.
Court: Kansas Supreme Court, Judge: Luckert, Filed On: August 4, 2023, Case #: 122,660, Categories: Burglary, Evidence
J. Sleet finds that the trial court improperly denied the personal representative’s motion for attorney fees in this car collision dispute. The insurance companys actions constituted a confession of judgment and final judgment should have been entered in favor of the personal representative. Reversed.
Court: Florida Courts Of Appeal, Judge: Sleet, Filed On: August 4, 2023, Case #: 2D22-1505, Categories: Insurance, Contract
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J. Curiel denies the law firm's motion for judgment as a matter of law, finding that there was sufficient evidence at trial to support the jury's finding that the law firm was part of a scheme to make convenience stores believe they were selling illegal products in order to extort cash payments from the stores. Evidence introduced at trial showed that the law firm did not test the products to determine whether they contained artificial prescription drugs before sending demand letters and ignored internal concerns as to whether the firm was suing stores that were not actually selling pills with pharmaceuticals in them.
Court: USDC Southern District of California, Judge: Curiel, Filed On: August 4, 2023, Case #: 3:18cv840, NOS: Personal Injury - Product Liability - Torts - Personal Injury, Categories: Racketeering
J. Sabraw grants a U.S. Army retiree's motion to pursue negligence claims against Camp Pendleton for personal injuries arising from water and mold damage in her home. While most of the retiree's claims are barred by the choice of law provision in the parties' lease contract, her claim for negligence does reference the section of California Civil Code cited as an exception to the provision. Also, Camp Pendleton fails to show how the Supremacy Clause would bar this particular claim.
Court: USDC Southern District of California, Judge: Sabraw, Filed On: August 4, 2023, Case #: 3:21cv1514, NOS: Other Personal Injury - Torts - Personal Injury, Categories: Government, Negligence, Choice Of Law
Per curiam, the Vermont Supreme Court finds the Professional Responsibility Board properly found that an attorney violated three ethical rules regarding the estate planning for his elderly client with cognitive impairments. The attorney did not show the board abused its discretion in its evidentiary rulings. However, a one-year suspension is more appropriate than the five-month suspension the board originally imposed. "Given all the circumstances, respondent poses a serious risk to potential future clients and public trust in the legal profession."
Court: Vermont Supreme Court, Judge: Per curiam, Filed On: August 4, 2023, Case #: 22-AP-265, Categories: Sanctions, Attorney Discipline
J. Alvord finds that the workers' compensation board improperly upheld the commissioner's award of disability benefits to the Department of Transportation employee because although there was no question about the nature of his injury, the employee chose to voluntarily retire and had no intention of returning to the workforce; therefore, the injury did not "result in his total incapacity to work," as required under the statute. Reversed.
Court: Connecticut Court Of Appeals, Judge: Alvord, Filed On: August 4, 2023, Case #: AC45531, Categories: Government, Workers' Compensation
J. Richardson finds the lower court properly dismissed the Eight Amendment violation claim. The estate of the deceased prisoner sued a guard after discovering the guard failed to look into the cells while completing his security rounds, giving two other prisoners ample time to brutally strangle the deceased. The guard is entitled to qualified immunity because there is no clearly established constitutional right to properly conducted security checks. Affirmed.
Court: 4th Circuit, Judge: Richardson, Filed On: August 4, 2023, Case #: 22-6410, Categories: Murder, Prisoners' Rights
J. Park finds that the district court properly dismissed claims of age discrimination by two dozen IBM Corp. employees who were terminated. The former workers missed the deadline set for initiating arbitration, and their attempt to use the "piggybacking rule" to attach to a timely age-discrimination case did not apply in arbitration. Furthermore, IBM's motion to seal documents from related arbitrations was properly granted under federal policy favoring confidentiality, especially in light of the employees' counsel attempting to skirt it by attaching them to a premature request for summary judgment. Affirmed.
Court: 2nd Circuit, Judge: Park, Filed On: August 4, 2023, Case #: 22-1728-cv, Categories: Arbitration, Employment Discrimination
J. Menashi finds that the district court improperly dismissed a claim by a pro-life advocate that he was not barred from "sidewalk counseling" prospective abortion-seekers by an earlier permanent injunction against such activity outside clinics in Western New York. Because he was not a named party or identified with a named party, the injunction did not apply to his activities unless he attempted to assist someone so enjoined. Furthermore, the man's request for a preliminary injunction to block application of the permanent injunction to him was also improperly denied. Reversed.
Court: 2nd Circuit, Judge: Menashi, Filed On: August 4, 2023, Case #: 20-664-cv, Categories: Civil Rights, Injunction
J. Stearns orders the claim terms that will be interpreted for the jury at trial of a suit by a Boston-based global pharmaceutical company accusing a pharmaceutical research in India of infringing on its U.S. patents for methods of administering a medication to treat osteoporosis or to stimulate bone growth. The ruling finds the claim constructions of the Boston firm, which focuses on bone health, are more consistent with the “intrinsic” record of the case.
Court: USDC Massachusetts, Judge: Stearns, Filed On: August 4, 2023, Case #: 1:22cv11546, NOS: Patent - Property Rights, Categories: Evidence, Jury, Patent
Per curiam, the circuit finds that a parolee was improperly sentenced for once again violating his supervised release. The five years of parole assigned after three years in prison was longer than allowed by statute in light of an earlier violation. On remand, the district court should be given the opportunity to exercise its discretion on how much prison time and supervised release time he should receive.
Court: 2nd Circuit, Judge: Per curiam, Filed On: August 4, 2023, Case #: 22-251, Categories: Parole, Sentencing
J. Heavican finds the trial court properly convicted defendant by no-contest plea for felony charges related to an officer-involved shooting, overruling his motion for disqualification and his sentences. Though the judge’s spouse is an active-duty, on-duty law enforcement officer, absent any direct personal connection to the proceeding a judge’s disqualification is not required as a matter of law. All evidence, including defendant’s criminal history, supports the conviction and consecutive sentences. Affirmed.
Court: Nebraska Supreme Court, Judge: Heavican, Filed On: August 4, 2023, Case #: S-22-411, Categories: Firearms, Sentencing
J. Ripple finds that the lower court properly convicted defendant of possession and attempted production of child pornography. The jury was properly instructed to consider defendant's motive in creating the images of nude minors, which showed the girls' bodies but not engaged in any "lascivious" conduct. Further, the evidence was sufficient to convict him beyond a reasonable doubt. Affirmed.
Court: 7th Circuit, Judge: Ripple, Filed On: August 4, 2023, Case #: 21-2489, Categories: Jury, Sex Offender, Child Pornography
J. Rodriguez finds a lower court ruled correctly in admitting evidence of a prior settlement with a hospital in a medical negligence suit brought against a group of doctors by the widow of a deceased man. The widow argued the court had abused its discretion by allowing evidence of the prior settlement, resulting in an improper verdict, but she did not adequately preserve error nor provide a complete case record that could back up her arguments. Affirmed.
Court: Texas Courts of Appeals, Judge: Rodriguez, Filed On: August 4, 2023, Case #: 08-22-00245-CV, Categories: Civil Procedure, Negligence, Medical Malpractice
J. Nalbandian finds that the lower court was not required to consider alternatives to dismissal when the inmate sought to reinstate his habeas petition - based on both exhausted and unexhausted claims - because not only did he fail to request alternatives, but the court is also not required to inform a pro se litigant about the abeyance procedures outlined in the Supreme Court's decision in Pliler v. Ford. Affirmed.
Court: 6th Circuit, Judge: Nalbandian, Filed On: August 4, 2023, Case #: 21-1042, Categories: Criminal Procedure, Habeas, Murder
[Consolidated.] J. Edwards withdraws the court's prior opinion and substitutes the current opinion, holding that the lower court improperly entered dependency judgments in the two cases regarding the daughters but properly entered a dependency judgment in the case regarding the son. The record shows that the father "visited the daughters regularly" and that he has gainful employment and a safe residence. However, he failed to set up "regular visits or otherwise communicate with the son for over a year." Reversed in part.
Court: Alabama Court of Civil Appeals, Judge: Edwards, Filed On: August 4, 2023, Case #: 2210396, Categories: Civil Procedure, Evidence, Family Law
J. Newman denies in part the hospital's motion to dismiss, ruling that it is not entitled to immunity on defamation claims brought by the doctor because both the false statements about the doctor's performance and the eventual editing of the employment report to cover up those false statements are fraudulent activities that abrogate immunity granted under the Health Care Quality Improvement Act. However, because the doctor failed to exhaust all administrative remedies under the Act prior to filing suit, the request for an injunction must be dismissed until he complies with exhaustion requirements.
Court: USDC Southern District of Ohio, Judge: Newman, Filed On: August 4, 2023, Case #: 3:22cv341, NOS: Assault, Libel, & Slander - Torts - Personal Injury, Categories: Employment, Immunity, Defamation
[Consolidated.] J. Bolden grants final approval of the settlement agreement, ruling that there is no evidence of coercion or bad-faith negotiations on the part of either party, while only one objection from a potential class size of 160,000 proves the result is fair and the settlement amount will adequately compensate all participants.
Court: USDC Connecticut, Judge: Bolden, Filed On: August 4, 2023, Case #: 3:18cv1818, NOS: Securities/Commodities/Exchange - Other Suits, Categories: Settlements, Securities, Class Action
J. Rodriguez finds a lower court ruled correctly in allowing evidence in a child sex abuse case to which defendant pleaded nolo contendere. The victim, a teenage runaway, was found hiding in defendant’s home during a search, helping to secure his conviction. Defendant argued that the search was illegal and that this evidence — the fact that the runaway was found in his home — should have been suppressed, but defendant has not preserved errors for review, and authorities argued the search was an “emergency situation” intended to rescue the victim rather than gather evidence. Affirmed.
Court: Texas Courts of Appeals, Judge: Rodriguez, Filed On: August 4, 2023, Case #: 08-23-00011-CR, Categories: Evidence, Search, Due Process
J. Alvord finds that the Workers' Compensation board improperly upheld the commissioner's award of disability benefits to the police officer because although his stroke was a compensable injury, at the time he suffered the injury, he had already retired and had no intention of returning to the workforce; therefore, the injury to did not prevent him from working and he is not entitled to benefits. Reversed.
Court: Connecticut Court Of Appeals, Judge: Alvord, Filed On: August 4, 2023, Case #: AC45229, Categories: Government, Workers' Compensation