136 results for 'filedAt:"2023-07-19"'.
J. Durkin grants a class representative’s motion to add a new plaintiff to her privacy class action against her employer, a tortilla manufacturer. The class representative argues the firm illegally recorded and stored her and her co-workers’ fingerprints whenever they scanned their fingers to clock in or our of work, and the court finds the manufacturer has not shown how it would be unduly prejudicial to add a new named plaintiff to the suit.
Court: USDC Northern District of Illinois, Judge: Durkin, Filed On: July 19, 2023, Case #: 1:22cv3943, NOS: Other Personal Injury - Torts - Personal Injury, Categories: Privacy, Class Action, Labor
J. Hess finds that the lower court improperly dismissed Ohio University students’ and an employee’s discrimination claim, which asserted that the school violated their constitutional rights with its vaccination policy. Reversed in part.
Court: Ohio Court Of Appeals, Judge: Hess, Filed On: July 19, 2023, Case #: 2023-Ohio-2511, Categories: Civil Rights
J. Delaney finds that the probate court properly declared a woman incompetent and appointed guardians for her. The appellant’s arguments regarding one of the guardian’s authority to appoint a successor trustee to the woman’s trust are barred by res judicata.
Court: Ohio Court Of Appeals, Judge: Delaney, Filed On: July 19, 2023, Case #: 2023-Ohio-2492, Categories: Wills / Probate
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J. Frimpong denies an entertainment news website's motion to dismiss a copyright dispute over the republication of a photograph of Rihanna and A$AP Rocky. The news site's use of the photo does not constitute fair use as the site acknowledged that it wholesale copied the entire original photograph as part of an article when it copied the work from a screenshot of Lil Uzi Vert’s Instagram story.
Court: USDC Central District of California, Judge: Frimpong, Filed On: July 19, 2023, Case #: 2:22cv6518, NOS: Copyrights - Property Rights, Categories: Copyright
Per curiam, the supreme court finds that the lower court properly concluded that the trial court didn’t apply a presumption in favor of the petitioner when it decided that reinstatement of her guardianship was in the best interests of her child. Affirmed.
Court: Connecticut Supreme Court, Judge: Per curiam, Filed On: July 19, 2023, Case #: SC 20745, Categories: Guardianship
J. Halpern finds for the commissioner of internal revenue in this tax liability dispute because the taxpayer misrepresented income on returns and could not substantiate deductions.
Court: U.S. Tax Court, Judge: Halpern, Filed On: July 19, 2023, Case #: 2023-89, Categories: Tax
J. Alvarez upholds defendant's guilty-plea conviction for the murder of his mother. His right to a speedy trial was not violated, as he never requested a speedy trial and the record indicates defendant's "strategic motivation was always to achieve a favorable plea or a dismissal." Affirmed.
Court: Texas Courts of Appeals, Judge: Alvarez, Filed On: July 19, 2023, Case #: 04-22-00030-CR , Categories: Murder, Plea, Speedy Trial
J. Tanenbaum finds that the trial court improperly ruled for the homeowners' association in claims contending a homeowner breached the covenant by parking on the street because the developer made the road public by turning it over to the city, and the covenant no longer binds the homeowners regarding street parking.
Court: Florida Courts Of Appeal, Judge: Tanenbaum, Filed On: July 19, 2023, Case #: 1D20-3318, Categories: Property, Contract
J. Warner finds that the trial court improperly ruled in contract claims associated with the sale of a commercial condominium unit because the landlord and purchaser stymied the tenant's ability to demonstrate readiness and willingness to exercise the right of first refusal by failing to present the tenant with a purchase price and terms.
Court: Florida Courts Of Appeal, Judge: Warner, Filed On: July 19, 2023, Case #: 4D22-569, Categories: Property, Contract
J. Ortega finds the trial court properly admitted evidence of defendant’s prior uncharged acts and properly conducted the required balancing for unfair prejudice. “The state offered evidence that defendant looked down (victim’s) dress and made comments about her body for the purpose of proving his 'sexual predisposition towards' (victim), thereby offering context showing that the charged acts had a sexual purpose.” Affirmed.
Court: Oregon Court of Appeals, Judge: Ortega, Filed On: July 19, 2023, Case #: A175902, Categories: Constitution, Evidence, Sex Offender
J. Kaplan denies former President Trump's request to reduce the jury's $2 million award to Jean Carroll for sexually assaulting her. The jury unequivocally found that Trump deliberately penetrated Carroll's vagina with his fingers, which is the common definition of "rape" even if it does not legally count as "rape" under New York law. Trump's claims that the jury found he merely groped Carroll is entirely untrue, and the damages award is not excessive.
Court: USDC Southern District of New York, Judge: Kaplan, Filed On: July 19, 2023, Case #: 1:22cv10016, NOS: Other Personal Injury - Torts - Personal Injury, Categories: Damages, Assault
J. Kamins finds the post conviction court erred in denying defendant’s standalone claim that his sentence was based on nonunanimous jury verdicts. “[T]he record indicates that the jury was not unanimous as to the burglary-subcategory findings that affected petitioner’s sentence.” Reversed in part.
Court: Oregon Court of Appeals, Judge: Kamins, Filed On: July 19, 2023, Case #: A175775, Categories: Jury, Sentencing
J. Conley finds for the county in a lawsuit from property owners bringing claims over the installation of three stormwater retention ponds directly across from their farmland which they say caused water to pool on their land and negatively impact their growing seasons. In part because the property owners have no admissible evidence that the county intended to flood their farmland or could have reasonably foreseen that installing the retention ponds would cause that to happen, their takings claims under the Fifth Amendment and the Wisconsin Constitution fail. The county's motion for summary judgment is granted as to the takings claims, and the property owners' state-law nuisance claim is remanded to the circuit court.
Court: USDC Western District of Wisconsin, Judge: Conley, Filed On: July 19, 2023, Case #: 3:22cv198, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Constitution, Property
On remand, J. Kamins finds the trial court properly denied a new trial to a defendant convicted of fourth-degree assault. “Defendant did not argue … that applying a reckless mental state to the physical injury element is legally impermissible." Affirmed.
Court: Oregon Court of Appeals, Judge: Kamins, Filed On: July 19, 2023, Case #: A178699, Categories: Criminal Procedure, Assault
J. Scudder finds that the lower court properly denied a defendant's Brady claim based on the government's failure to disclose that defendant's son was testifying against his father pursuant to a cooperation agreement. This information was clearly required to be disclosed by the prosecution. However, because the evidence would not have affected the outcome of his sentencing, the failure was not material. Affirmed.
Court: 7th Circuit, Judge: Scudder, Filed On: July 19, 2023, Case #: 22-2268, Categories: Habeas, Prosecutorial Misconduct, Witnesses
J. Brennan finds that the lower court properly found for the bank in a lawsuit brought by three siblings deprived of their inheritance by another sibling, who used their mother's deed of property to secure a loan. The bank held a valid mortgage, so it did not publish a falsity by recording the mortgage, nor did it unjustly retain a benefit by not releasing the mortgage. Affirmed.
Court: 7th Circuit, Judge: Brennan, Filed On: July 19, 2023, Case #: 22-3078, Categories: Property, Banking / Lending
J. Southwick finds the commission properly reversed the administrative law judge’s finding in favor of the crane-service provider as to the cause of a severe shock to an employee. That judge said the cited regulations did not apply to the pre-disassembly of a crane after an antenna installation, where the crew had not begun to physically disassemble equipment. The regulation is unclear on this point. Substantial evidence supports that the company did not adequately monitor employee compliance with its own safety rules, though; and no evidence was shown that an employee has ever been disciplined for violations. Petition for review denied.
Court: 5th Circuit, Judge: Southwick, Filed On: July 19, 2023, Case #: 22-60399, Categories: Employment, Tort, Agency
J. Moore finds that an injured worker showed sufficient causation in a products liability case to overcome a directed verdict in favor of a manufacturer. A jury could have concluded that a design using a chain to guard the entrance to a scissor lift was a substantial factor in the worker's fall and injuries. Reversed.
Court: California Courts Of Appeal, Judge: Moore, Filed On: July 19, 2023, Case #: G060892, Categories: Product Liability
[Consolidated.] Per curiam, the circuit finds that the district court properly held that two corrections officers used excessive force in frisking an inmate while a third officer failed to intervene. The guards sought a mistrial after a juror sent a note expressing safety concerns based on testimony contending a witness for the inmate received third-party threats, but the juror assured the judge he could remain impartial. Meanwhile, punitive damages was properly reduced to $500,000. Affirmed.
Court: 2nd Circuit, Judge: Per curiam, Filed On: July 19, 2023, Case #: 22-519-pr (L), Categories: Civil Rights, Jury, Damages
J. Kirsch finds that the lower court properly found for the police officer on an estate's claims stemming from the officer's fatal car accident that killed a pedestrian while he was driving to work. Mere knowledge that driving at high speed at night could have fatal consequences is not enough to allege a constitutional violation. Especially given the allegation that the officer did not see the pedestrian on the on-ramp of a highway, there is no showing that the police disregarded an obvious risk. Affirmed.
Court: 7th Circuit, Judge: Kirsch, Filed On: July 19, 2023, Case #: 22-2867, Categories: Constitution, Due Process, Police Misconduct
J. Higginbotham finds the district court, sitting as appellate court, properly dismissed the asset manager’s appeal of the bankruptcy court’s dismissal of its objection to an order to pay professional fees associated with a complex bankruptcy proceeding. The asset manager fails to establish that the adversary proceeding impacts it other than speculatively. Case law pointed to in an attempt to argue that inclusion in the interests supports a right of action addresses only shareholder claims against a federal agency under the Administrative Procedure Act, and is not a bankruptcy case, doesn’t address the bankruptcy code, the person aggrieved standard, or issues related to the appeal.
Court: 5th Circuit, Judge: Higginbotham, Filed On: July 19, 2023, Case #: 22-10575, Categories: Bankruptcy, Securities, Business Expectancy