142 results for 'filedAt:"2024-01-17"'.
J. Barrett finds the trial court properly revoked defendant's probation for his conviction on charges of second-degree forgery and possession of a controlled substance with purpose to deliver. After defendant was sentenced to probation, he was again arrested on gun and drug charges in violation of his probation terms, and all evidence supports revocation. Counsel's motion to withdraw is granted. Affirmed.
Court: Arkansas Court Of Appeals, Judge: Barrett , Filed On: January 17, 2024, Case #: CR-23-275, Categories: Drug Offender, Firearms, Forgery
J. Virden finds the circuit court properly terminated the parent's parental rights to their infant children. Following removal of the children, the mother was incarcerated, and both parents failed to undergo treatment, tested positive for drugs, and failed to complete anger management or parenting classes. Both had violated a no-contact order and were charged with public intoxication, as well as disorderly conduct and resisting arrest. Furthermore, both parents attended only two of nine child visitations, leaving early each time. Affirmed.
Court: Arkansas Court Of Appeals, Judge: Virden, Filed On: January 17, 2024, Case #: CV-23-382, Categories: Evidence, Family Law, Guardianship
J. Willett finds the district court properly granted the book vendor's request for a preliminary injunction against the commissioner of the Texas Education Agency. The vendors sued for injunctive relief that Texas' READER Act, which requires schoolbook vendors to issue ratings for all library materials they have ever sold (or will sell), flagging materials deemed sexually explicit, violates the constitution. Because the vendors are likely to succeed on the merits of their first amendment claim, the state and the public will not be injured by the injunction. Affirmed in part.
Court: 5th Circuit, Judge: Willett , Filed On: January 17, 2024, Case #: 23-50668, Categories: Constitution, Education, Agency
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J. Peterson partially denies the elections commission and Wisconsin Legislature's motions to dismiss the voters' lawsuit claiming that Wisconsin law's absentee-voting witness requirement violates the Civil Rights Act and the Voting Rights Act. In light of two state-court lawsuits dealing with substantially similar issues, the merits of the voters' claims will not be decided at this time, and a partial stay is enacted which will allow parties to continue briefing for summary judgment. The elections commission itself is dismissed on sovereign immunity grounds, but the commission's individual commissioners will remain as parties to both of the voters' claims.
Court: USDC Western District of Wisconsin, Judge: Peterson, Filed On: January 17, 2024, Case #: 3:23cv672, NOS: Voting - Civil Rights, Categories: Civil Rights, Elections, Immunity
J. Swan finds the superior court properly convicted defendant of first-degree murder, assault as an act of domestic violence, firearm possession and other charges connected to the murder of his wife. Defendant's challenges to his conviction all fail, including those claiming that the prosecution failed to prove his actions were not a result of mental illness; the superior court failed to call a mistrial in violation of his due process rights and improperly allowed the prosecution's expert witness to testify that defendant's expert witness' report was deficient during rebuttal; and jury instructions improperly gave him the burden of presenting "some evidence" of his insanity. Because the evidence presented at trial was also sufficient to show defendant was sane when he shot his wife in anger over her plan to divorce him, defendant's conviction stands even though the prosecution made some "inappropriate statements." Affirmed.
Court: Virgin Islands Supreme Court, Judge: Swan, Filed On: January 17, 2024, Case #: 2024 VI 4, Categories: Competence, Murder, Experts
J. Swan finds defendant's habeas corpus petition must be denied, it being the second he has brought after entering a deal to plead no contest to first-degree assault in connection with the shooting of his domestic partner and being sentenced to 20 years' imprisonment. Despite defendant's arguments that his no-contest plea was not entered knowingly, intelligently and voluntarily because certain evidence was withheld from him, his petition must be denied as procedurally barred because he previously filed a separate habeas petition making different arguments as to why his plea was unknowing, and that petition was rejected.
Court: Virgin Islands Supreme Court, Judge: Swan, Filed On: January 17, 2024, Case #: 2024 VI 5, Categories: Habeas, Assault
J. Hamblen finds a lower court properly dismissed a voyage charter party's motion for insurance coverage from its insurer. The voyage charter party argued that the insurance company was on the hook to cover losses it incurred after Somali pirates seized its vessel in "high risk seas." However, the insurance company sufficiently showed in court that the voyage charter's policy does not include war risk coverage. Affirmed.
Court: Supreme Court of the United Kingdom, Judge: Hamblen, Filed On: January 17, 2024, Case #: 2024UKSC2, Categories: Insurance, Contract
J. Harpool finds for the union and denies the employer's request to overturn an arbitration decision finding the employer violated its obligation to pay part of a union member's insurance premiums while on long-term disability for one month. The employer's policy of not partially paying the employee's health insurance benefits while he was on disability contracts the plain language of the parties' collective bargaining agreement.
Court: USDC Western District of Missouri, Judge: Harpool, Filed On: January 17, 2024, Case #: 622cv3227, NOS: Arbitration - Other Suits, Categories: Contract, Labor / Unions
J. Brnovich grants a heat technology company's motion for claim construction concerning patent infringement claims against a electronics company. The heat technology company sufficiently showed in court that the electronics company infringed on its lighting products.
Court: USDC Arizona, Judge: Brnovich, Filed On: January 17, 2024, Case #: 2:22cv1476, NOS: Patent - Property Rights, Categories: Patent
J. Rowland partially grants an Illinois city’s motion to dismiss a local bar’s due process and equal protection claims. The city temporarily suspended the bar’s liquor license after a “criminal incident” took place outside it in 2021, but the parties reached a settlement that allowed the bar to stay open. A second incident resulted in another suspension in 2022, but after that incident the bar’s Black owners called into questions the city’s racial biases, given that other non-Black owned bars in town had faced less stringent settlement agreements to address criminal activity. The bar’s owners subsequently brought due process and equal protection claims at the state and federal level. The court now dismisses the due process claims, but allows the equal protection claims to stand.
Court: USDC Northern District of Illinois, Judge: Rowland, Filed On: January 17, 2024, Case #: 1:23cv728, NOS: Other Statutory Actions - Other Suits, Categories: Constitution, Equal Protection, Business Practices
J. Daniel partially grants a nonprofit health care services organization’s motion to dismiss negligence, breach of contract and fraud claims brought by two of the nonprofit’s former patients. The patients brought the claims in response to a 2022 data breach of the nonprofit’s patient database that exposed their personal info to unknown individuals. Of all the claims, the court finds that only the patients’ negligence claim is sufficiently alleged to survive dismissal.
Court: USDC Northern District of Illinois, Judge: Daniel, Filed On: January 17, 2024, Case #: 1:23cv1108, NOS: Other Personal Injury - Torts - Personal Injury, Categories: Health Care, Negligence, Privacy
Per curiam, the court of appeals finds that, despite the court-appointed counsel's Anders brief in connection with defendant's probation revocation, there remains an arguable ground for appeal. The trial court failed to conduct an inquiry on the record concerning defendant's ability to pay the fine and costs, and it is a case of first impression whether this would be considered reversible error.
Court: Texas Courts of Appeals, Judge: Per curiam, Filed On: January 17, 2024, Case #: 04-22-00669-CR, Categories: Criminal Procedure
J. Moore affirms the Court of Appeals' finding that the district court abused its discretion by granting the postconviction relief petitioner's petition. The petitioner's claim alleging false trial testimony is procedurally barred under a 1976 ruling which holds that all claims known, but not raised, at the time of a direct appeal cannot be considered in subsequent postconviction relief petitions. The district court's failure to make a determination as to whether the claim was barred under that rule, therefore, was an abuse of discretion. Affirmed.
Court: Minnesota Supreme Court, Judge: Moore, Filed On: January 17, 2024, Case #: A21-1560, Categories: Criminal Procedure, Firearms
J. Newbern grants the plaintiff company's request "to obtain certain discovery before responding" to the pending summary judgment motion in this breach of contract case concerning an agreement to sell certain medical devices. The plaintiff company has complied with the "procedural and substantive requirements" and the legal factors weigh in favor of granting the motion. The court will also administratively terminate the summary judgment motion.
Court: USDC Middle District of Tennessee , Judge: Newbern, Filed On: January 17, 2024, Case #: 3:23cv72, NOS: Other Contract - Contract, Categories: Civil Procedure, Discovery, Contract
J. Theofanis finds that the trial court properly declined to issue a ruling in favor of Texas Attorney Ken Paxton and Gov. Greg Abbott in a lawsuit seeking to force the two politicians to release years of their communications, including emails regarding the Jan. 6 attack on the U.S. Capitol. The trial court has jurisdiction to issue writs of mandamus against Paxton and Abbott in their official capacities to compel them to produce public information under the Public Information Act.
Court: Texas Courts of Appeals, Judge: Theofanis, Filed On: January 17, 2024, Case #: 03-23-00090-CV, Categories: Government, Public Record, Jurisdiction
J. King finds the lower court improperly dismissed the wrongful death claim. The mother and the flooring company, accused of selling laminated floors that emitted illegal and unsafe levels of formaldehyde, entered into a settlement in regard to her consumer protection claim but not her wrongful death claim. Vacated.
Court: 4th Circuit, Judge: King, Filed On: January 17, 2024, Case #: 22-1643, Categories: Consumer Law, Jurisdiction, Wrongful Death
J. McFadden finds that the trial court properly granted the homeowners' motion for judgment notwithstanding the jury's verdict in favor of the contractor in his breach of contract action against the homeowners for failure to pay. The trial court correctly found that the contractor could not recover from the homeowners because he did not hold a required contractor license. Affirmed.
Court: Georgia Court of Appeals, Judge: McFadden, Filed On: January 17, 2024, Case #: A23A1708, Categories: Contract
J. Bethel finds that the trial court properly convicted defendant of murder, aggravated assault, aggravated battery and other related offenses. Sufficient evidence was presented to support defendant's convictions, including eyewitness testimony identifying defendant as the shooter. Defendant failed to show that he was prejudiced by his trial counsel's allegedly deficient performance. Affirmed.
Court: Georgia Supreme Court, Judge: Bethel, Filed On: January 17, 2024, Case #: S24A0010, Categories: Ineffective Assistance, Murder, Battery
J. Whitney denies Neutrogena’s and Johnson & Johnson’s motion to dismiss allegations by the parent of a child who died of leukemia after long-term exposure to the companies’ sunscreen products. The parent allegedly exclusively applied the companies’ sunscreen to the child's skin on a regular basis for 12 years, and Benzene, a chemical compound which is linked to cancer, was present in the sunscreen. The parent’s amended complaint consists of enough credible information at this stage to proceed.
Court: USDC Western District of North Carolina, Judge: Whitney, Filed On: January 17, 2024, Case #: 3:23cv215, NOS: Personal Injury - Product Liability - Torts - Personal Injury, Categories: Tort, Product Liability, Wrongful Death
J. Bastian finds in favor of the U.S. Forest Service against the conservation organization's complaint that the agency wrongfully authorized the Twisp Restoration Project, violating the National Environmental Policy Act (NEPA) by not properly informing the public about the project and not allowing meaningful public participation. The final environmental assessment fits with NEPA's requirements, because it identifies specific prescriptions for each authorized activity by disclosing the project area and where the project area vegetation treatment would be, and it details what to do if ground conditions differ from the expected conditions.
Court: USDC Eastern District of Washington, Judge: Bastian, Filed On: January 17, 2024, Case #: 2:22cv293, NOS: Administrative Procedure Act/Review or Appeal of Agency Decision - Other Suits, Categories: Environment, Government
[Consolidated.] Per curiam, the Georgia Supreme Court disbars attorney Derric Crowther for his multiple violations of the Georgia Rules of Professional Conduct. The review board's recommendation of a four-year suspension is rejected. The attorney violated trust accounting rules and failed to resolve a dispute with a client over settlement funds. The attorney charged the client excessive fees and disbursed the settlement funds to himself or his law firm.
Court: Georgia Supreme Court, Judge: Per curiam, Filed On: January 17, 2024, Case #: S23Y1117, Categories: Judiciary, Attorney Discipline
J. Agee finds the lower court properly awarded judgment to the home health agency that provides healthcare services to patients in their home on an Americans with Disabilities Act claim. Doing field visits to patients' homes, especially during the height of the COVID-19 pandemic when staffing was short, is essential to the nurse's job. The nurse, who suffers from chronic arthritis, was given the reasonable option to screen patients before visiting their homes to ensure she could complete her duties without aggravating her knee. Affirmed.
Court: 4th Circuit, Judge: Agee, Filed On: January 17, 2024, Case #: 22-1825, Categories: Ada / Rehabilitation Act, Employment, Health Care
[Consolidated.] J. Dunst grants a motion to disqualify litigant counsel in two unpaid wages lawsuits. Attorneys for the counsel’s law firm, prior to becoming counsel for the plaintiff in the two cases, had several communications with the defendant, a nail salon located in Queens, regarding possible representation in which the defendant’s owner provided substantive information, which the court concludes could be detrimental to their defense.
Court: USDC Eastern District of New York, Judge: Dunst, Filed On: January 17, 2024, Case #: 2:21cv6658, NOS: Fair Labor Standards Act - Labor, Categories: Employment, Attorney Discipline, Labor
[Consolidated.] J. Park finds that the district court improperly modified a preliminary injunction in an ongoing dispute between designer and social influencer Hayley Paige Gutman and her former employer, dressmaker JLM Couture. The injunction awarded JLM sole control of disputed accounts on Instagram and Pinterest without weighing whether Gutman's ownership as creator was altered by her employment contract. On remand, the district court must determine whether the parties' noncompete agreement was too restrictive. Vacated in part.
Court: 2nd Circuit, Judge: Park, Filed On: January 17, 2024, Case #: 21-2535(L), Categories: Employment, Contract, Injunction