167 results for 'filedAt:"2023-08-16"'.
J. Jones finds the district court properly convicted and sentenced defendant for conspiracy to possess with intent to distribute meth and felon in possession of a firearm. Though the offenses are related, and guidelines call for credit for time served, the guidelines are not obligatory. The sentences were treated as concurrent from the day of the second sentencing without accounting for 13 months of back time. Trial counsel argued for the application of guidelines governing sentences handed down while a defendant is currently serving and was not constitutionally obliged to do more. Affirmed.
Court: 5th Circuit, Judge: Jones, Filed On: August 16, 2023, Case #: 20-10478, Categories: Drug Offender, Firearms, Sentencing
J. Mercier finds that the trial court improperly dismissed defendant's pro se motion to modify or reduce his sentence for child molestation, sodomy and statutory rape convictions. The decision to dismiss was based on a holding by the Georgia Supreme Court related to a layperson's right to represent himself while also being represented by an attorney. The holding was overturned by the Georgia Supreme Court's decision earlier this year in Johnson v. State. Vacated.
Court: Georgia Court of Appeals, Judge: Mercier, Filed On: August 16, 2023, Case #: A23A1186, Categories: Criminal Procedure, Sentencing, Sex Offender
J. Fitzwater denies, in part, a healthcare company, doctor and nurse's motion for summary judgment on a mother's claims regarding the allegedly deficient prenatal care she received while in jail. Although the claims are time-barred as applied to the mother, the claims will proceed on behalf of her twin children.
Court: USDC Northern District of Texas , Judge: Fitzwater, Filed On: August 16, 2023, Case #: 3:20cv45, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Negligence, Medical Malpractice
J. Renner finds that the trial court erred in ordering the arbitration of a car buyer's lemon law and fraudulent inducement claims against the car manufacturer. The equitable estoppel doctrine cannot be used to apply an arbitration provision in the dealership sales contract to the car buyer's claims against the manufacturer, which was not a signatory to the sales contract. Reversed.
Court: California Courts Of Appeal, Judge: Renner, Filed On: August 16, 2023, Case #: C096773, Categories: Arbitration, Consumer Law
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J. Thapar finds the Kentucky Supreme Court candidates are not entitled to a preliminary injunction to halt proceedings in a lawsuit regarding their potentially illegal campaign activities. They lost their elections in November 2022 and, therefore, will suffer no irreparable harm if the suit is allowed to proceed. Affirmed.
Court: 6th Circuit, Judge: Thapar, Filed On: August 16, 2023, Case #: 22-5938, Categories: Elections, Judiciary, First Amendment
J. Mooney finds the trial court properly declared that the legal nonconforming use of property as a private tennis club had been lost, enjoined the property owners from operating a sports club on that property, and ordered them to use and develop the property in conformity with applicable residential zoning regulations. Affirmed.
Court: Oregon Court of Appeals, Judge: Mooney, Filed On: August 16, 2023, Case #: A173594, Categories: Real Estate
J. Nunley grants, in part, two cherry packing plant workers’ motion for class certification of their labor claims. The workers satisfy class requirements for their claim related to the automatic deduction of 30 minutes from their timecards for meal breaks, despite either not timely receiving the breaks or having them cut short.
Court: USDC Eastern District of California, Judge: Nunley, Filed On: August 16, 2023, Case #: 2:20cv1096 , NOS: Fair Labor Standards Act - Labor, Categories: Class Action, Labor
J. Reichek finds that the lower court properly ruled against the appellant in this suit "for money had and received." There was no error in granting summary judgment to the appellees, since the evidence shows that they "did not hold money which in equity and good conscience" belonged to the appellant. Affirmed.
Court: Texas Courts of Appeals, Judge: Reichek, Filed On: August 16, 2023, Case #: 05-21-01101-CV, Categories: Civil Procedure, Evidence
J. Doyle finds that the trial court properly convicted defendant of DUI and driving without a valid license. The trial court correctly found that the results of defendant's state-administered breath test were admissible as evidence. Defendant, who was not fully fluent in English, was able to answer the police officer's questions. Language did not present a barrier to his understanding of the officer's request for a breath test. Defendant failed to show that the inclusion of misleading information in the implied consent notice impacted his decision to provide a breath sample. Although the officer's testimony correlating field sobriety test clues with defendant's intoxication should not have been admitted, the error was harmless in light of the overwhelming evidence of defendant's guilt. Affirmed.
Court: Georgia Court of Appeals, Judge: Doyle, Filed On: August 16, 2023, Case #: A23A0768, Categories: Evidence, Dui
J. Lazar finds the circuit court properly ruled in favor of the town and the town's insurance company in a lawsuit a citizen filed after he broke his clavicle in a bicycle crash on what he claims was a negligently maintained town road. The circuit court correctly determined that the citizen's lawsuit, filed 11 months after he first filed a claim with the town, is barred by a six-month statute of limitations. Affirmed.
Court: Wisconsin Court of Appeals, Judge: Lazar, Filed On: August 16, 2023, Case #: 2022AP000198, Categories: Civil Procedure, Damages, Negligence
J. Kovner dismisses a civil rights complaint brought by a Native American against the New York Police Department and Administration for Children’s Services along with a group of named and unnamed police officers which claims the existence of a conspiracy spanning more than 7 years to deprive him of his rights on the basis that he is an alleged member of the Yamasee Nation. His claims related to a 2015 traffic stop are dismissed as untimely, his claims regarding an incident in which authorities raided the house of his children’s mother and detained his children by force are dismissed for lack of standing because he was not actually present during the raid, and lastly his claims for conspiracy are dismissed because he fails to allege the various officers and city agents involved explicitly or implicitly agreed to violate his rights.
Court: USDC Eastern District of New York, Judge: Kovner, Filed On: August 16, 2023, Case #: 1:22cv2602, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Native Americans, Police Misconduct
J. Yegan finds that the trial court improperly entered a preliminary injunction that prohibited a county from removing unpermitted landscaping, boulders and other obstacles to parking on public land near a popular trailhead. Statute and local ordinance authorize the county to remove any encroachment on a public right of way, and the county's removal project is categorically exempt from the requirements of the Environmental Quality Act. Also, removal of the encroachments would not irreparably harm the residents who placed them there. Reversed.
Court: California Courts Of Appeal, Judge: Yegan, Filed On: August 16, 2023, Case #: B322465, Categories: Environment, Property
J. Kistler finds the trial court properly ruled that individuals' property is not subject to a public easement but is subject to a separate, private easement that does not benefit the individuals. “Plaintiffs have not explained why the land sale contract…is not subject to the doctrine of equitable conversion.” Affirmed.
Court: Oregon Court of Appeals, Judge: Kistler, Filed On: August 16, 2023, Case #: A178269, Categories: Real Estate, Contract
J. Shorr finds the trial court erred in admitting evidence obtained from defendant’s digital devices that led to his murder conviction because the warrant was not sufficiently particular. The state concedes the error. Reversed.
Court: Oregon Court of Appeals, Judge: Shorr, Filed On: August 16, 2023, Case #: A173326, Categories: Evidence, Murder
J. Dennis finds the district court improperly entered summary judgment in favor of Walmart in this slip-and-fall suit. Though the district court found that the customer did not show evidence that Walmart had constructive notice of the puddle she slipped in, she has presented evidence that an employee was actually notified of it by another customer. This creates a genuine issue of material fact. Reversed and remanded.
Court: 5th Circuit, Judge: Dennis, Filed On: August 16, 2023, Case #: 22-30309, Categories: Evidence, Tort, Premises Liability
J. Howell grants summary judgment to a debt-collection company in a dispute with an alleged debt holder. After being sued for collection, the man countersued and argued the company had violated fair debt-collection practice laws, including because limitations had expired on this debt, but the debt had not in fact expired when the company first sued.
Court: USDC Western District of Texas , Judge: Howell, Filed On: August 16, 2023, Case #: 1:22cv1304, NOS: Consumer Credit - Other Suits, Categories: Debt Collection, Consumer Law, Banking / Lending
J. Wood denies the home sellers' motion for summary judgment in a fraud, negligent misrepresentation and breach of contract action brought by the buyers arising after they discovered extensive water damages to the home. The buyers presented sufficient evidence that the sellers misrepresented the state of the home to create a genuine issue of fact as to their fraud claim. The buyers' partial motion for summary judgment is denied as to the sellers' liability for the fraud and negligent misrepresentation claims. However, the buyers' motion is granted as to sellers' malicious prosecution counterclaim.
Court: USDC Southern District of Georgia, Judge: Wood, Filed On: August 16, 2023, Case #: 5:22cv10, NOS: Other Contract - Contract, Categories: Fraud, Contract
J. Holdridge finds that the lower court improperly denied the bus company's motion to dismiss a negligence action pursuant to the doctrine of forum non conveniens. The lawsuit claims the bus driver failed to safely secure a child's wheelchair, causing him to fall over and suffer a concussion. The accident occurred in Denton County, Texas, and nearly all the witnesses reside in Texas, including the child's medical providers. Reversed.
Court: Illinois Appellate Court, Judge: Holdridge, Filed On: August 16, 2023, Case #: 220360, Categories: Negligence, Jurisdiction
J. Yegan finds that the trial court lacked the authority to reduce a felony wobbler charge of resisting an executive officer to a misdemeanor over the state's objection. The trial court's pretrial order was appealable since it usurped the state's charging authority and violated the constitutional separation of powers. Vacated.
Court: California Courts Of Appeal, Judge: Yegan, Filed On: August 16, 2023, Case #: B326653, Categories: Criminal Procedure, Resisting Arrest
[Consolidated.] J. Horton finds the trial court properly convicted defendant, by guilty plea, for possession of child pornography. Police obtained a search warrant for defendant’s laptop after his girlfriend reported that she discovered child porn, as well as videos of herself and a friend that were recorded without their consent. The girlfriend had implied consent to use defendant’s laptop as he had allowed this many times previously and the Computer Security statute preventing nonconsensual use of another’s devices does not apply. Affirmed.
Court: Texas Courts of Appeals, Judge: Horton, Filed On: August 16, 2023, Case #: 09-22-00043-CR, Categories: Evidence, Search, Child Pornography
J. Hicks affirmed granting a motion to dismiss filed by the Department of Transportation, but reversed motions for summary judgment granted to two construction companies against a couple who sued them for failing to clear a clogged catch basin, which caused flooding that led to the couple hydroplaning and suffering a car accident in which they were injured. The orders striking the couple’s expert reports are also reversed. The department is immune from liability in this case because there is no evidence that it knew of the clogged basin and flooding before the accident, and the fact that it owns the highway where it occurred does not make it liable. The opinions of two engineers were struck and the companies’ motions for summary judgment granted because the opinions were considered speculative but the opinions don't have to be flawless. Even if someone else could come to a different conclusion with the information the experts had, a reasonable person could have come to the same conclusions as they did.
Court: New Hampshire Supreme Court, Judge: Hicks, Filed On: August 16, 2023, Case #: 2022-0101, Categories: Vehicle, Experts, Premises Liability
J. Connolly finds that claim 5 of U.S. Patent No. 6,911,46, which concerns an epilepsy treatment, is not invalid due to inadequate written description because drug makers seeking to market generic tablets of Briviact failed to prove a skilled artisan would obviously alter levetiracetam in such a way that it would yield a successful anti-seizure compound.
Court: USDC Delaware, Judge: Connolly, Filed On: August 16, 2023, Case #: 1:20cv987, NOS: Abbreviated New Drug Applications (ANDA) - Property Rights, Categories: Patent
[Consolidated.] J. Penzato finds that while the trial court properly ruled in favor of the prime contractor on its claim against the state agency involving a bridge repair project, it should have sided with the subcontractor on its claim against the prime contractor for money owed for stockpiled materials. The evidence does not support the agency's position that it overpaid the prime contractor and was entitled to "claw back" funds. Also, the prime contractor's argument that the subcontractor was not a "claimant" lacks merit since there was no "pay-if-paid provision" between the parties. Reversed in part.
Court: Louisiana Court Of Appeal, Judge: Penzato, Filed On: August 16, 2023, Case #: 2022CA1301, Categories: Construction, Government, Contract
J. Gale finds that computation errors acknowledged by the commissioner of internal revenue should be corrected concerning deficiencies, additions to tax, and penalties due for the years at issue.
Court: U.S. Tax Court, Judge: Gale, Filed On: August 16, 2023, Case #: 2023-106, Categories: Civil Procedure, Tax
Per curiam, the court of appeals dismisses and denies, in part, a noncitizen's petition for writ of mandamus, filed after he was arrested under Operation Lone Star, released on bond and removed from the U.S. The trial court did not rule on the merits of the noncitizen's equal protection claim and should be given the opportunity to do so upon reconsideration.
Court: Texas Courts of Appeals, Judge: Per curiam, Filed On: August 16, 2023, Case #: 04-23-00293-CR, Categories: Civil Procedure, Immigration, Equal Protection