108 results for 'filedAt:"2023-08-28"'.
J. Tailor finds that the lower court properly convicted defendant of unlawful use of a weapon by a felon and sentenced him to 7.5 years in prison. The evidence was sufficient to support the conviction and the court's use of his prior conviction to enhance his sentence was not impermissible. Affirmed.
Court: Illinois Appellate Court, Judge: Tailor, Filed On: August 28, 2023, Case #: 211557, Categories: Firearms, Sentencing
J. Rogers finds the trial court properly denied defendant's motion for a three-level sentencing guideline reduction because the reduction - granted in cases where members of the conspiracy do not complete all the acts necessary to achieve their goal - is applicable only when a criminal offense is not covered by a specific guideline. Therefore, because defendant's convictions were expressly covered by the conspiracy to commit murder sentencing guidelines, he was properly denied the reduction. Affirmed.
Court: 6th Circuit, Judge: Rogers, Filed On: August 28, 2023, Case #: 21-4106, Categories: Murder, Sentencing, Conspiracy
[Modified.] J. Simons fixes a typo and adds a footnote with no change in the judgment. The trial court erred when it found a voter-approved city ordinance that expanded the electorate for school board elections to noncitizen parents void and unenforceable. Charter cities have the authority under the state constitution to include noncitizen parents in school board elections. Also, charter cities are exempted from Education Code provisions that require compliance the election law requirement that registered voters be citizens. Reversed.
Court: California Courts Of Appeal, Judge: Simons, Filed On: August 28, 2023, Case #: A165899, Categories: Education, Elections, Municipal Law
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J. Windhorst finds that the trial court properly denied a voter's petition objecting to the candidacy of a candidate for office of Jefferson Parish Council District 3. The evidence shows that the candidate is domiciled in Jefferson Parish since the candidate has lived much of his life at his Jefferson Parish house, sleeps and entertains at the house, claims a homestead exemption on the property, receives mail there, and has the address listed on his driver's license. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Windhorst, Filed On: August 28, 2023, Case #: 23-CA-414, Categories: Elections, Evidence
J. Willett finds the district court properly granted summary judgment to the school district and a resource officer who tased a special-needs student, who physically fought with school staff while attempting to leave school following a violent episode. Though, based on recent Supreme Court precedent, the court incorrectly subjected the disability discrimination claims to administrative exhaustion, the student’s mother has not shown that the officer intentionally discriminated based on the student’s disability. Affirmed.
Court: 5th Circuit, Judge: Willett, Filed On: August 28, 2023, Case #: 21-20671, Categories: Civil Rights, Constitution, Education
J. Garnett grants partial summary judgment to CVS against the floater pharmacist's claim that CVS fired him for taking a screenshot of a patient's prescription, printing it out and bringing it home to consult with his wife, also a CVS pharmacist, about the correct amount and to discern the physician's handwriting. Firing him for copying a patient's prescription was not retaliation because that is a terminable offense on its own.
Court: USDC Central District of California, Judge: Garnett, Filed On: August 28, 2023, Case #: 2:21cv7520, NOS: Employment - Civil Rights, Categories: Employment, Employment Discrimination, Employment Retaliation
Per curiam, the Massachusetts Court of Appeals vacates a harassment protection order against a TikToker who threatened an individual who did not deliver pottery to her in the timeframe she wanted. Three instances of harassment would be needed for the order to be issued properly and third party harassment does not count.
Court: Massachusetts Court Of Appeals, Judge: Per curiam, Filed On: August 28, 2023, Case #: 22-P-596, Categories: Evidence, Technology
J. Cave declines to give the plaintiff man a default judgment on his unjust enrichment and fraud claims stemming from his loan of $1.3 million to the business of a close friend who never paid him back. However, the motion is granted with respect to the breach of contract claim, as the company clearly did not satisfy the terms of the notes, which are past due.
Court: USDC Southern District of New York, Judge: Cave, Filed On: August 28, 2023, Case #: 1:20cv11102, NOS: Other Contract - Contract, Categories: Fraud, Contract
J. Inos finds the trial properly found the commission had wrongfully sanctioned the investment company for failing to pay annual casino licensing fees during the Covid-19 pandemic in two out of five complaints. The default could be excused by a force majeure clause in the parties casino agreement and the commission did not show evidence that Covid-19 shutdowns were not related to the company’s inability to pay. For three of five complaints suspending the license and imposing fines, the investment company did not invoke force majeure as a defense and did not dispute the charges the commission insists it owes. Affirmed in part.
Court: Northern Mariana Islands Supreme Court, Judge: Inos, Filed On: August 28, 2023, Case #: 2022-SCC-6, Categories: Agency, Covid-19, Contract
J. Swain finds for the defendant company in a fraud suit stemming from its alleged misrepresentations regarding ownership of the "Wings" mark, used in the sale of beachwear, in an underlying trademark action. The record shows the company did not thwart any efforts by the plaintiff to contest ownership, but simply chose not to explore the issue.
Court: USDC Southern District of New York, Judge: Swain, Filed On: August 28, 2023, Case #: 1:22cv8459, NOS: Other Fraud - Torts - Personal Property, Categories: Fraud, Trademark
J. Fox finds that the lower court properly upheld the damages award in an employment dispute in which a doctor was sued for violating a non-compete clause with his former company when he opened his own cardiology office after being fired. The lower court found in favor of the former employer, but also determined the doctor was entitled to half of his deferred compensation without interest. The doctor challenged the lack of interest, but the arbitrator charged with making that determination has the discretion to decide if interest is appropriatea. There is nothing in that determination that suggests it was arbitrary or outside the arbitrator's authority. Affirmed.
Court: Wyoming Supreme Court, Judge: Fox, Filed On: August 28, 2023, Case #: S-22-0290, Categories: Arbitration, Employment
J. Mikva finds that the lower court properly awarded the therapist fees and costs in this suit asserting work-product privilege covered personal notes he took during his treatment of a medical doctor. The department violated the law by insisting on the production these notes when the doctor sought reinstatement of his medical license. Sovereign immunity does not apply to this fee award because the therapist sought to enjoin a state actor from engaging in unlawful conduct. Affirmed.
Court: Illinois Appellate Court, Judge: Mikva, Filed On: August 28, 2023, Case #: 220990, Categories: Administrative Law, Privilege, Attorney Fees
J. Snow grants the defendant school district's motion for summary judgment in this lawsuit brought by a former employee alleging discrimination and retaliation in violation of Title VII, as well as interference with her rights under the Family Medical Leave Act. The former employee, who is African American, fails to establish a prima facie case of race discrimination or retaliation.
Court: USDC Eastern District of Oklahoma, Judge: Snow, Filed On: August 28, 2023, Case #: 6:21cv241, NOS: Education - Civil Rights, Categories: Education, Employment Discrimination, Employment Retaliation