196 results for 'filedAt:"2023-12-20"'.
J. Rovner finds that the lower court properly found for the prison officials on civil rights claims stemming from a prisoner's attack on another prisoner. Despite repeatedly asking to be moved away from the attacking prisoner, the prisoner suffered an attack with a key that left him blind in one eye. However, prison officials had no warning that the attacker posed a risk of physical violence beyond his reputation for "mouthing off." Affirmed.
Court: 7th Circuit, Judge: Rovner, Filed On: December 20, 2023, Case #: 22-1929, Categories: Civil Rights, Prisoners' Rights
J. Morris finds in favor of Spanish Peaks after environmentalists claimed they were discharging nitrogen into the Gallatin River and using sprinklers on ski runs to discharge wastewater. The claims are barred due to the fact that a consent order, into which the environmental group entered, had already settled the claims and shields the company from being sued again.
Court: USDC Montana, Judge: Morris, Filed On: December 20, 2023, Case #: 2:23cv28, NOS: Environmental Matters - Other Suits, Categories: Environment, Settlements
[Consolidated.] J. Meyers grants the U.S. dismissal of this post-award bid protest concerning a contract to provide information technology services because the rational award was supported by the record.
Court: Court of Federal Claims, Judge: Meyers, Filed On: December 20, 2023, Case #: 23-1112, Categories: Contract
[Amended.] J. Millett vacates, in part, a district court order that places limits on what Donald Trump can publicly say about those involved in the government's case against him for allegedly conspiring to overturn the 2020 election. Although Trump is still barred from making public statements about witnesses, counsel and court staff, along with their family members, limitations outside those parameters are vacated, as the order "sweeps in more protected speech than is necessary." Vacated in part.
Court: DC Circuit, Judge: Millett, Filed On: December 20, 2023, Case #: 23-3190 , Categories: Restraining Order, First Amendment
J. Newman recommends denying, in part, a transport company’s motion to dismiss a truck driver’s employment retaliation and related claims. He has sufficiently pleaded his claims for failure to provide reasonable accommodations, leave retaliation, breach of implied-in-fact contract, and negligent hiring, supervision and retention.
Court: USDC Eastern District of California, Judge: Newman, Filed On: December 20, 2023, Case #: 2:23cv311, NOS: Other Labor Litigation - Labor, Categories: Employment, Transportation, Contract
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
Per curiam, the circuit finds the trial court properly convicted defendant for being a felon in possession of firearms based on sufficient evidence, sentencing him to the statutory maximum. Defendant was under investigation for possible involvement in a shooting when the weapons were discovered. Guiding case law states a defendant constructively possesses a firearm if he has “dominion or control over the premises in which the item is found.” Affirmed.
Court: 5th Circuit, Judge: Per curiam, Filed On: December 20, 2023, Case #: 22-50360, Categories: Evidence, Sentencing, Weapons
J. Kelly finds that the trial court improperly awarded damages in breach of contract claims concerning an agreement to purchase the assets of a salon because the award exceeded the maximum amount allowed under the contract. Reversed in part.
Court: Florida Courts Of Appeal, Judge: Kelly, Filed On: December 20, 2023, Case #: 2D22-3300, Categories: Damages, Contract
[Consolidated.] J. Fitzgerald finds that the trial court properly dismissed the contract claims of the non-operating working interest owner and its insurer and taxed them costs in litigation stemming from the "blowout of an oil well in Lasalle Parish" in 2014. There was no error in the instructions given to the jury to decide whether the well operator and its agent breached their contractual obligations. Also, there was no abuse of discretion in the costs awarded. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Fitzgerald, Filed On: December 20, 2023, Case #: CA-23-265, Categories: Energy, Jury, Contract
J. Thierry finds that the trial court improperly granted defendant a change of venue for his trial on a second degree murder charge after a shooting victim was found dead in his vehicle. Despite the pretrial media coverage of the murder and of defendant's prior homicide conviction that was overturned, he did not show there was "prejudice in the public mind such that a fair trial would be impossible in Acadia Parish." Reversed.
Court: Louisiana Court Of Appeal, Judge: Thierry, Filed On: December 20, 2023, Case #: KA-23-456, Categories: Criminal Procedure, Fair Trial, Murder
J. Greer finds that the children were properly permanently placed in the sole custody of their father since the mother often fought with the grandmother and once drove away drunk with her child in the car. Meanwhile, after a safety plan had been established, she fought with the father and attempted suicide. Affirmed.
Court: Iowa Court Of Appeals, Judge: Greer, Filed On: December 20, 2023, Case #: 23-1564, Categories: Family Law
J. Potterfield finds that co-executors of a will were properly granted summary judgment in a stepson's claims contending the decedent had not been of sound mind upon executing the will because the stepson failed to prove the executors exerted undue influence, and the decedent's caretakers provided contradictory testimony. Affirmed.
Court: Iowa Court Of Appeals, Judge: Potterfield, Filed On: December 20, 2023, Case #: 23-0173, Categories: Wills / Probate
J. Tookey finds the trial court properly ruled that one of defendant’s prior California DUI convictions qualified as a predicate conviction elevating her Oregon DUI to a felony. “Defendant has a conviction for driving while having a blood alcohol content above California’s legal limit.” Affirmed.
Court: Oregon Court of Appeals, Judge: Tookey, Filed On: December 20, 2023, Case #: A179041, Categories: Dui
J. Windhorst finds that the trial court properly denied the former employer an injunction over an alleged breach of a non-competition agreement. The record shows that the employee denied electronically signing the non-competition agreement, and that the onboarding documents he signed in person did not contain a non-competition agreement. Further, the record does not contain an autogenerated email containing a link for the eight required onboarding documents to the employee's email. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Windhorst, Filed On: December 20, 2023, Case #: 23-CA-133, Categories: Employment, Contract, Injunction
J. Gamble finds that defendant was properly convicted of sexual abuse and lascivious acts with a child for abusing his 7-year-old daughter because the trial judge did not exhibit bias even though he had previously sentenced defendant for the same crime in a ruling that had been overturned on appeal. Affirmed.
Court: Iowa Court Of Appeals, Judge: Gambill, Filed On: December 20, 2023, Case #: 22-0937, Categories: Judiciary, Sentencing, Sex Offender
J. Oretga finds the trial court properly made extensive factual findings, including demeanor-based credibility findings, in an estate administration case. Petitioner “has not identified any basis for reversing the judgments.” Affirmed.
Court: Oregon Court of Appeals, Judge: Ortega, Filed On: December 20, 2023, Case #: A175326, Categories: Family Law
J. Hellman finds the trial court properly ordered defendant to pay restitution for the victim’s chiropractic treatment, copays and lost wages. “Evidence supports a finding that defendant’s criminal conduct was the factual cause of [victim’s] symptoms” which arose as a result of "an abusive and traumatic romantic relationship." Affirmed.
Court: Oregon Court of Appeals, Judge: Hellman, Filed On: December 20, 2023, Case #: A178025, Categories: Evidence, Harassment
Per curiam, the Supreme Court of Ohio finds the lower court properly dismissed the inmate's petition for a writ of prohibition. His claims regarding the jurisdiction of the trial court to issue the indictment in his criminal case should have been brought on direct appeal or through a motion for postconviction relief. Affirmed.
Court: Ohio Supreme Court, Judge: Per curiam, Filed On: December 20, 2023, Case #: 2023-Ohio-4594, Categories: Criminal Procedure, Jurisdiction
J. Lagesen finds the trial court erred by imposing a punitive contempt sanction of incarceration in a remedial contempt proceeding. “The law has long been clear that putting a person in jail for a fixed term is not a legally permissible option in a remedial contempt proceeding.” Reversed.
Court: Oregon Court of Appeals, Judge: Lagesen, Filed On: December 20, 2023, Case #: A178532, Categories: Contempt