153 results for 'filedAt:"2023-12-28"'.
J. Rivas-Molloy finds that the lower court properly found in favor of an ex-husband in a defamation case. The jury found that the ex-wife had made 13 defamatory statements alleging the ex-husband is involved in child pornography and is a pedophile. The jury awarded him damages for past and future injury to his reputation and mental anguish. Evidence is sufficient to support the lower court’s findings and award of $2.1 million. Affirmed.
Court: Texas Courts of Appeals, Judge: Rivas-Molloy, Filed On: December 28, 2023, Case #: 01-16-00584-CV, Categories: Evidence, Damages, Defamation
J. Stewart orders the trial court to strike the multiple-murder special circumstance from defendants' first and second degree murder convictions, and it must revisit their petitions for resentencing on a gang-murder special circumstance because statute does not bar relief even where a jury found a defendant intended to kill. However, the trial court had discretion when it declined to dismiss their prior serious felony enhancements. Reversed in part.
Court: California Courts Of Appeal, Judge: Stewart, Filed On: December 28, 2023, Case #: A162472, Categories: Murder, Sentencing, Vehicular Homicide
J. Mooney finds the trial court properly convicted defendant of two separate crimes involving the same victim, based on distinct sets of facts that occurred on different days. “The court did not exclude any evidence. At most, it prohibited defendant from making an argument that was not supported by evidence.” Affirmed.
Court: Oregon Court of Appeals, Judge: Mooney, Filed On: December 28, 2023, Case #: A177245, Categories: Domestic Violence, Kidnapping, Menacing
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. Urbanski denies the competitor's motion to dismiss a defamation suit. The company provides electronic pull tabs for regulated charitable gaming market and demonstrated that the competitor's comment to a potential client accusing the company of being involved in a severe state investigation could be perceived as making a statement of fact.
Court: USDC Eastern District of Virginia, Judge: Urbanski , Filed On: December 28, 2023, Case #: 7:23cv321, NOS: Assault, Libel, & Slander - Torts - Personal Injury, Categories: Tort, Defamation, Interference With Contract
J. Maraman finds the lower court properly convicted defendant of the sexual abuse of his partner’s preteen daughter. The victim testified that she was “raped,” which suffices to implicate intercourse rather than other sex acts. Determining the paternity of the victim’s child is therefore irrelevant even though the victim testified that she had also been assaulted by defendant’s brother, as she had also already testified to defendant’s assaults. Enhanced punishment for assaults that occurred at different times does not constitute double jeopardy, as “the Legislature intended for the special allegation to apply, even where the underlying felony included the victim’s age as an element.” Affirmed.
Court: Guam Supreme Court, Judge: Maraman, Filed On: December 28, 2023, Case #: CRA22-9, Categories: Sex Offender, Child Victims
J. Davenport finds that the lower court improperly granted the state's petition to revoke defendant's pretrial release. Defendant never relinquished his right to an in-person hearing, nor did the court find that an in-person hearing would endanger the physical health of any participant. Reversed.
Court: Illinois Appellate Court, Judge: Davenport, Filed On: December 28, 2023, Case #: 230491, Categories: Criminal Procedure, Bail
J. Gillmor declines to exclude testimony from two experts for a case where a water heater exploded and killed a mother and her infant daughter, finding that the fire and explosion expert and the engineer expert submitted by the deceased’s relatives are qualified by years of experience and certifications, and used reliable data to present relevant testimony.
Court: USDC Hawaii, Judge: Gillmor, Filed On: December 28, 2023, Case #: 1:21cv254, NOS: Personal Injury - Product Liability - Torts - Personal Injury, Categories: Product Liability, Experts, Wrongful Death
J. Crothers finds that the district court improperly issued a restraining order prohibiting an individual from contact with the mother of his child. Although the restraining order expired while this appeal was pending, the appeal is not moot because a reasonable possibility exists that the district court’s decision will have adverse collateral consequences for the individual. The parties involved are not married but are in a dispute concerning a child they have together. Reversed.
Court: North Dakota Supreme Court, Judge: Crothers, Filed On: December 28, 2023, Case #: 2023ND249, Categories: Family Law, Restraining Order
J. Contreras denies, in part, Immigration and Customs Enforcement's motion for summary judgment on a press group's Freedom of Information Act case seeking records concerning two asylum seekers and information on ways calls from detainees at ICE facilities in El Paso, Texas were limited or blocked. The agency has failed to show it conducted a good faith search for the records at issue.
Court: USDC District of Columbia, Judge: Contreras, Filed On: December 28, 2023, Case #: 1:18cv2932, NOS: Freedom of Information Act (FOIA) - Other Suits, Categories: Government, Immigration, Public Record
J. Brown finds that the trial court improperly rejected an insured's argument that its commercial general liability insurance policies with terms longer than one year had two separate annual aggregate limits of liability. Where multiple policies overlap in multi-year frameworks, each policy's language determines coverage, so proration of policy limits is inapplicable. Reversed in part.
Court: California Courts Of Appeal, Judge: Brown, Filed On: December 28, 2023, Case #: A166574, Categories: Insurance, Asbestos
J. Phillips finds that the lower court properly convicted defendant of sexual abuse and assault convictions. There were no errors during trial regarding testimony or evidence entered that would justify reversing defendant's convictions. However, both parties do agree that the lower court used an improper calculation of defendant's criminal history that needlessly inflated his sentencing range. Affirmed in part.
Court: 10th Circuit, Judge: Phillips, Filed On: December 28, 2023, Case #: 22-5072, Categories: Sentencing, Sex Offender
J. Crenshaw denies the Thoma Bravo defendants' dismissal motions in this litigation alleging that a privately-owned software company, RealPage, and its clients have "an illegal price-fixing cartel" in the rental housing markets. The Thoma Bravo defendants contend that "parent corporations are not liable for the acts of their subsidiaries." However, the multifamily and student housing plaintiffs have sufficiently alleged Thoma Bravo's involvement in the alleged conspiracy at this "early stage" of the litigation.
Court: USDC Middle District of Tennessee , Judge: Crenshaw, Filed On: December 28, 2023, Case #: 3:23cv326, NOS: Antitrust - Other Suits, Categories: Antitrust, Housing
J. Groves finds the bill of particulars produced for defendant by the state was not so threadbare as to violate his due process rights. It contained information about all the sexual assaults that made up the indictment and as clear a timeframe as possible, given the age of the victim at the time of the assaults. Meanwhile, the trial court's decision to admit victim-impact statements from several witnesses did not violate defendant's fair trial rights because the testimony was elicited only in relation to the victim's disclosure of the abuse and did not improperly inflame the jury. Affirmed.
Court: Ohio Court Of Appeals, Judge: Groves, Filed On: December 28, 2023, Case #: 2023-Ohio-4793, Categories: Fair Trial, Sex Offender, Due Process
J. Chaney finds the lower court improperly denied defendant’s motion to suppress evidence. Defendant entered conditional guilty pleas to firearm possession by a convicted violent felon and two counts of possession of a controlled substance with intent to distribute. Case evidence was obtained by police through a warrantless search of defendant’s vehicle during a traffic stop that was excessive in length and scope. The search was unlawful, so the convictions must be vacated. Reversed.
Court: Virginia Court Of Appeals, Judge: Chaney, Filed On: December 28, 2023, Case #: 1478-22-2, Categories: Drug Offender, Firearms, Search
J. DeWine finds the trial court's failure to reschedule a competency hearing after defendant refused to appear at the scheduled hearing did not violate his constitutional rights. Evidence in the record did not indicate any serious mental health issues that would have precluded a trial. Although defendant became confrontational in several meetings with his attorney, he told the trial court on several occasions he understood the proceedings against him and was merely frustrated by several delays to his eventual trial, which indicated he was competent to stand trial. Affirmed.
Court: Ohio Supreme Court, Judge: DeWine, Filed On: December 28, 2023, Case #: 2023-Ohio-4716, Categories: Competence, Constitution
Per curiam, the appellate division finds that the lower court properly denied the property owner's motion to dismiss a slip and fall suit. The property owner failed to indicate when the driveway had last been inspected for ice. Affirmed.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: December 28, 2023, Case #: 06829, Categories: Tort
J. Fujisaki holds that recent legislation opening the records of law enforcement officers who have engaged in misconduct supersedes the disclosure exemptions of the Public Records Act. The new transparency law requires disclosure of officer-related records that are held by any state or local agency conducting a review or investigation into allegations of officer misconduct. However, the trial court properly found that a report into alleged misconduct by corrections officers created by the Office of the Inspector General was properly withheld because the Office is not a subdivision of any other governmental entity and falls outside the scope of the Public Records Act.
Court: California Courts Of Appeal, Judge: Fujisaki, Filed On: December 28, 2023, Case #: A165888, Categories: Public Record
J. Milazzo grants a request by a mortgage lender to dismiss a homeowner’s hurricane-related claims that it obtained insurance at above-market rates that exceeded the mortgage amount, failed to list her as a named insured and did not use policy payments to repair her home. The homeowner has not alleged facts that support her misrepresentation claim, or her allegation the lender failed to distribute insurance proceeds for repair of her property. Furthermore, the loan agreement does not obligate the mortgage lender to procure additional insurance proceeds to repair her property.
Court: USDC Eastern District of Louisiana , Judge: Milazzo, Filed On: December 28, 2023, Case #: 2:23cv927, NOS: Truth in Lending - Torts - Personal Property, Categories: Property, Damages, Banking / Lending
J. Partida-Kipness finds that the lower court properly granted the county officials' plea to the jurisdiction and dismissed the appellant voters' lawsuit concerning the use of "allegedly uncertified electronic voting machines." The voters failed to allege a concrete injury, and any relief against the county officials would not redress the allegedly "widespread" risk of voter dilution. Accordingly, the voters failed to establish standing. Affirmed.
Court: Texas Courts of Appeals, Judge: Partida-Kipness, Filed On: December 28, 2023, Case #: 05-22-01098-CV, Categories: Civil Procedure, Elections, Jurisdiction
J. Hall denies the sons' motion for leave to join an additional party and remand to Richmond County state court a negligence and premises liability action against the convenience store arising after their mother was fatally shot on the premises. The sons failed to provide necessary citizenship information to sufficiently allege that the car wash owner is a Georgia citizen. The sons also could have discovered that the car wash owner shares the property where the mother was shot before filing the action.
Court: USDC Southern District of Georgia, Judge: Hall, Filed On: December 28, 2023, Case #: 1:23cv69, NOS: Other Personal Injury - Torts - Personal Injury, Categories: Negligence, Premises Liability
J. Mensah grants the media company's motion to exclude the newspaper distributors' damages expert in a contract suit alleging the company breached the distributors' exclusive home delivery rights for the St. Louis Post-Dispatch newspaper by offering an electronic version of the paper. The expert's opinion is based on the presumption that the contracts entitle the distributors to a fee for each digital delivery, but this presumption is not supported by the text of the agreements.
Court: USDC Eastern District of Missouri, Judge: Mensah, Filed On: December 28, 2023, Case #: 4:22cv344, NOS: Other Contract - Contract, Categories: Experts, Contract
J. Humphreys finds the lower court properly ordered the removal of a gate on a property. A previous owner constructed a gate on an easement that was used by adjoining property owners, provided them a key to the gate to allow access, but it was never locked. When the previous owner died, the new owner changed the lock on the gate and the adjoining property owners no longer had access to the easement. The lower court found the neighboring property owners’ use of the easement was adverse, under a claim of right, exclusive, continuous, uninterrupted, with the knowledge of the owner of the land; the lower court properly ordered the gate removed and granted the neighboring property owners a prescriptive easement. Affirmed.
Court: Virginia Court Of Appeals, Judge: Humphreys, Filed On: December 28, 2023, Case #: 0183-23-3, Categories: Real Estate
J. Fisher finds that the lower court properly declined to dismiss negligence claims contending a nursing home failed to sufficiently monitor a resident, who fell up to seven times before being transferred to another facility, where she died. Questions of fact remain unresolved as to whether the decedent received one-on-one supervision and whether various safety devices and alarms had been available to protect her. However, claims of medical malpractice should have been dismissed. Affirmed in part.
Court: New York Appellate Divisions, Judge: Fisher, Filed On: December 28, 2023, Case #: 535504, Categories: Tort, Medical Malpractice
J. Donovan affirms the defendant’s convictions for aggravated felonious sexual assault, attempted aggravated felonious sexual assault and misdemeanor sexual assault. “The state did not open the door to cross-examination regarding the specific contents of the medical records by introducing testimony acknowledging the existence of such records.”
Court: New Hampshire Supreme Court, Judge: Donovan, Filed On: December 28, 2023, Case #: 2022-0557, Categories: Evidence, Sex Offender, Assault
J. Aoyagi finds the trial court properly declined to declare a mistrial for defendant convicted of unlawful possession of a firearm. “The prosecutor’s choice of words was inappropriate, but the point that he was trying to make was a fair one and a permissible argument…and, in context, it does not appear that the prosecutor intended to denigrate defense counsel.” Affirmed.
Court: Oregon Court of Appeals, Judge: Aoyagi, Filed On: December 28, 2023, Case #: A178896, Categories: Evidence, Firearms