156 results for 'filedAt:"2023-06-14"'.
J. Wilkinson finds the lower court improperly denied immunity to the Maryland Capitol police officer who arrested protesters who allegedly refused to move off a sidewalk. The police chief instructed the officer to evaluate the situation and relocate the picketers if necessary. A reasonable officer in the officer's position could have believed that the orders constituted lawful time, place, or manner restrictions on the picketers’ First Amendment rights. Reversed.
Court: 4th Circuit, Judge: Wilkinson, Filed On: June 14, 2023, Case #: 21-1608, Categories: First Amendment, Police Misconduct
J. Mooney finds the juvenile court properly adjudicated a youth for assaulting a police officer while the officer attempted to save her from a heroin overdose. Defendant was “criminally negligent” for kicking the officer in the knee several times while he tried to help her. Affirmed.
Court: Oregon Court of Appeals, Judge: Mooney, Filed On: June 14, 2023, Case #: A175638, Categories: Juvenile Law, Assault
J. Hoyle finds the trial court properly convicted defendant for possession with intent to deliver cocaine. Defendant abandoned a vehicle borrowed from his girlfriend and fled on foot after the investigating officer identified him as the subject he was seeking. Testimony of two officers, based on doorbell camera footage they viewed and a bag of drugs that were later found on the ground along defendant’s route of escape, as well as defendant’s girlfriend’s testimony support conviction. The doorbell camera footage was destroyed by the standard operation of the camera and was not collected before it was overwritten, and defense counsel did not argue that the recording was destroyed in bad faith. The court was within its discretion to determine that it was unavailable as lost or destroyed. Affirmed.
Court: Texas Courts of Appeals, Judge: Hoyle, Filed On: June 14, 2023, Case #: 12-22-00268-CR, Categories: Drug Offender, Evidence, Escape
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J. Boomgaarden finds that the lower court improperly made a temporary child support order a final order in a custody dispute. The lower court did so at the request of the mother, but did not provide the father with his allotted 20 days to respond to it. The order was also made final without the court acquiring enough financial information from the two parties to support the decision. Reversed.
Court: Wyoming Supreme Court, Judge: Boomgaarden, Filed On: June 14, 2023, Case #: S-22-0272, Categories: Family Law
J. Hellman finds the Land Use Board of Appeals erred in remanding to Deschutes County a declaratory ruling that a use had been initiated on property. “The issue of whether the guest ranch use was abandoned sometime after the use was initiated was beyond the scope of the specific proceeding.” Reversed.
Court: Oregon Court of Appeals, Judge: Hellman, Filed On: June 14, 2023, Case #: A180668, Categories: Property
J. Thissen affirms the defendant's first-degree arson conviction, but concludes, contrary to the Court of Appeals' finding, that the relevant statute requires the state to prove that a fire was set "in a manner not authorized by law" as an element of the offense. The state met its burden to show this element, however, and failure to instruct the jury on this element is not reversible error. Affirmed.
Court: Minnesota Supreme Court, Judge: Thissen, Filed On: June 14, 2023, Case #: A21-0477, Categories: Arson, Jury Instructions
J. Smith finds that the trial court properly found the individual to be a sexually violent predator. The individual failed to preserve his complaint regarding the lack of a limiting instruction given during the testimony of the state's expert witness. Affirmed.
Court: Texas Courts of Appeals, Judge: Smith, Filed On: June 14, 2023, Case #: 10-23-00020-CV, Categories: Jury, Commitment
J. Colloton finds a lower court properly denied a citizen of Mexico's petition for review to remain in the U.S. The defendant argued that he is entitled to relief based on his lawful permanent resident status, which was granted in 2016. However, while residing in the U.S., he was convicted on charges of possession of meth and domestic battery. Affirmed.
Court: 8th Circuit, Judge: Colloton, Filed On: June 14, 2023, Case #: 22-1655, Categories: Drug Offender, Immigration, Domestic Violence
J. Kobes finds a lower court properly dismissed a citizen of Sierra Leone's application to remain in the U.S. The immigrant, who gained lawful permanent residency in 2010, argued that she is entitled to relief. However, she and her husband operated a health care service in order to defraud Medicaid. Affirmed.
Court: 8th Circuit, Judge: Kobes, Filed On: June 14, 2023, Case #: 22-2166, Categories: Fraud, Medicare
J. Smith finds a lower court properly dismissed a former Missouri council member's civil rights claims against the State. The former council member argued that the lower court erred in abstaining the issue until the results of her impeachment proceedings ended. However, she failed to pursue judicial review in State court. Affirmed.
Court: 8th Circuit, Judge: Smith, Filed On: June 14, 2023, Case #: 22-2388, Categories: Civil Rights, Government
J. Desmond upholds the lower court's dismissal of a doctor's negligence claim against another physician for reporting his alleged opioid dependency. The physician was protected by the limited immunity granted to those making a report to a peer review committee. Affirmed.
Court: Massachusetts Court Of Appeals, Judge: Desmond, Filed On: June 14, 2023, Case #: 22-P-4 , Categories: Health Care, Immunity
J. Roberts finds that the trial court improperly ruled in this dispute over ownership of a joint business venture by quashing service of process on the business partner, as he failed to timely raise the defense. Reversed.
Court: Florida Courts Of Appeal, Judge: Roberts, Filed On: June 14, 2023, Case #: 1D22-1351, Categories: Civil Procedure
J. Aiken grants the estate representative's motion for sanctions claiming that the healthcare company purged its emails of evidence related to the lawsuit alleging the county's subordinates were responsible for the decedent's death. The estate representative plausibly alleges its claim because the first email purge happened after the healthcare company received notices of a tort claim and evidence preservation, and the healthcare company denied doing so for months despite repeated inquiries.
Court: USDC Oregon, Judge: Aiken, Filed On: June 14, 2023, Case #: 6:19cv1883, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Sanctions, Discovery
J. Schofield partially denies both parties cross-motions for summary judgment in a trademark dispute over the mark "Red Gold" used on watch and jewelry products. The issue of the mark's genericness cannot be resolved without further evidence, and a jury could find that the defendants' use of the term "red gold" is likely to cause consumer confusion with the plaintiff watchmaker's products.
Court: USDC Southern District of New York, Judge: Schofield, Filed On: June 14, 2023, Case #: 1:19cv1262, NOS: Trademark - Property Rights, Categories: Trademark
J. Joseph finds partially in favor of the dancers in their class action lawsuit against the strip club and its owners bringing multiple claims under the Fair Labor Standards Act, including for failure to pay minimum wage and forced tip sharing. The dancers' motion for partial summary judgment is granted as to whether the club and owners misclassified them as independent contractors instead of employees, which is supported by the "economic reality" of their relationship with their employer. The strip club and owners' motion for summary judgment is granted as to the merits of the dancers' wage claims since, as a matter of law, they are not entitled to individual coverage because they are not "engaged in commerce" under the Act's terms, and the club is also not covered by the Act's enterprise coverage, regardless of whether it frequently serves out-of-state patrons. Given these findings, the case is dismissed.
Court: USDC Eastern District of Wisconsin, Judge: Joseph, Filed On: June 14, 2023, Case #: 2:21cv753, NOS: Fair Labor Standards Act - Labor, Categories: Employment, Class Action, Labor
J. Ortega finds the trial court properly denied a father’s motion for acquittal for exposing himself to his teen daughter. “There was sufficient evidence…that defendant’s bedroom was part of a ‘residence’ and thus a ‘place where another person has a reasonable expectation of privacy.’” Reversed.
Court: Oregon Court of Appeals, Judge: Ortega, Filed On: June 14, 2023, Case #: A177908, Categories: Sex Offender, Child Victims