142 results for 'filedAt:"2023-09-19"'.
J. McAvoy dismisses an inmate's remaining due process claims alleging a group of New York State parole officers submitted perjured testimony at his parole hearing, which resulted in his parole being revoked and his subsequent return to jail. Despite his arguments to the contrary, the inmate's claims attempt to invalidate his conviction or the parole board's decision to revoke his parole, which is prohibited under Section 1983.
Court: USDC Northern District of New York, Judge: McAvoy, Filed On: September 19, 2023, Case #: 5:21cv1098, NOS: Other Civil Rights - Civil Rights, Categories: Due Process, Police Misconduct, Prisoners' Rights
J. LaGrua finds that the appeals court improperly upheld the trial court's order overturning a tax tribunal's findings and ruling that revenues generated from the lease of coin-operated amusement machines are not included in the statute's sales tax exemption. The decision arose after the machine lessee challenged an assessment for the value of unpaid taxes. Revenue generated from the lease of coin operated amusement machines qualifies as gross revenue exempt from taxation under the statute. The statutory language applies to both revenues generated from the lease of the machines and revenues generated from the participation plays of the machines. Reversed.
Court: Georgia Supreme Court, Judge: LaGrua, Filed On: September 19, 2023, Case #: S22G1247, Categories: Tax
J. Pitman rules on several post-verdict motions after one company prevailed against another in a contract dispute stemming form the first company's attempt to purchase a property owned by the second company that had previously been used "to house oilfield workers and detain immigrant children." The second company owes additional costs and sanctions due to its deception, "bad faith conduct" and a "sordid scheme of deliberate misuse of the judicial process" by deliberately not complying with previous court orders in this case.
Court: USDC Western District of Texas , Judge: Pitman, Filed On: September 19, 2023, Case #: 1:20cv560, NOS: Other Contract - Contract, Categories: Sanctions, Contract
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J. Moon denies the prison doctor's motion to dismiss. The prisoner contends that the doctor was deliberately indifferent to the prisoner by discounting his anticoagulant medication resulting in him suffering from deep vein thrombosis and a pulmonary embolism, and the doctor waited six days to see the prisoner who was suffering from a broken arm. There is still a dispute as to whether the prisoner exhausted all remedies before seeking litigation and whether those administrative remedies were made available to him.
Court: USDC Western District of Virginia, Judge: Moon, Filed On: September 19, 2023, Case #: 6:22cv48, NOS: Other Civil Rights - Civil Rights, Categories: Health Care, Remedies, Prisoners' Rights
[Amended.] J. Wilkins grants, in part, an energy company's petition for review of the Federal Energy Regulatory Commission's creation of a new energy transmission service in the southeast. The commission failed to sufficiently support the requested tariff revisions, and must also explain how the new service is not a loose power pool.
Court: DC Circuit, Judge: Wilkins, Filed On: September 19, 2023, Case #: 22-1018 , Categories: Energy
J. Murphy dismisses a lawsuit filed by the estate of a woman who was allegedly denied care by emergency medical technicians when she could not breathe, was struggling to walk, and had low blood oxygen levels. The estate fails to state a claim under the Fourteenth Amendment's "state-created danger" doctrine. The woman was not more vulnerable to harm because of the technicians' actions.
Court: USDC Eastern District of Pennsylvania, Judge: Murphy, Filed On: September 19, 2023, Case #: 2:23cv0155, NOS: Personal Injury - Medical Malpractice - Torts - Personal Injury, Categories: Constitution, Ada / Rehabilitation Act, Wrongful Death
J. Chutz finds that the trial court properly ordered LSU to produce records responsive to some of PETA's requests for records relating to the use of birds in research at the university. The university did not show there was any law denying public access to the relevant veterinary care and animal use records in the specified requests. Affirmed in part.
Court: Louisiana Court Of Appeal, Judge: Chutz, Filed On: September 19, 2023, Case #: 2022CA0976, Categories: Civil Procedure, Education, Public Record
J. Kauger finds the trial court properly found in favor of the event venue in a lawsuit accusing it of allowing an intoxicated patron to leave the event, resulting in an accident that killed the family's daughter. Oklahoma law does not recognize a duty on the part of a private venue extending to third parties killed by a voluntarily intoxicated adult who attended but was not "over-served." The parents have not alleged that the patron was over-served. Affirmed.
Court: Oklahoma Supreme Court, Judge: Kauger , Filed On: September 19, 2023, Case #: 120915, Categories: Vehicle, Damages, Wrongful Death
J. Dillard finds that the trial court properly convicted defendant of voluntary manslaughter, aggravated assault and a firearm offense. Sufficient evidence was presented to support defendant's convictions. The trial court did not commit any error by instructing the jury on voluntary manslaughter as a result of mutual combat or by refusing to instruct the jury on involuntary manslaughter as a result of accident or reckless conduct. There was evidence that defendant and a third party fired guns at each other, supporting the mutual combat instruction. There is no evidence defendant's gun discharged accidentally or that his actions were merely reckless. Affirmed.
Court: Georgia Court of Appeals, Judge: Dillard, Filed On: September 19, 2023, Case #: A23A1077, Categories: Firearms, Manslaughter, Jury Instructions
[Consolidated.] Per curiam, the Georgia Supreme Court imposes a three-year suspension on former Superior Court Judge Robert Mallory Crawford for his violation of the Georgia Rules of Professional Conduct. The former judge mishandled client funds and ordered a clerk to disburse funds from the registry of the court which he later used for his personal benefit and deposited into his personal checking account. The ex-judge entered a first-offender Alford plea to misdemeanor theft. The special master correctly found that the judge was not entitled to the funds based on an alleged oral fee agreement with a long-deceased client. Disbarment is not the appropriate discipline because the former judge engaged in only a single course of misconduct.
Court: Georgia Supreme Court, Judge: Per curiam, Filed On: September 19, 2023, Case #: S22Y0631, Categories: Judiciary, Attorney Discipline
J. Doughty denies a request by a baby products manufacturer to dismiss allegedly misleading photographs of a “tear-free” shampoo rinse pail submitted by a rival inventor in support of his patent infringement suit. The manufacturer unsuccessfully argues that the inventor’s “misleading” photographs of the baby pail along with his “sham affidavit” is part of his effort to make new patent claim construction arguments to support his lawsuit. The court is “very familiar with this product and there is no possibility” that the judge can be misled by the photographs, which were compared with the actual baby buckets at issue in the case.
Court: USDC Western District of Louisiana , Judge: Doughty, Filed On: September 19, 2023, Case #: 3:17cv82, NOS: Patent - Property Rights, Categories: Jury, Patent, Discovery
J. D'Agostino dismisses a Bosnian Muslim woman's employment discrimination complaint filed against her employer alleging failure to promote, disparate job duties, inadequate pay raises and wrongful termination on the basis of race, religion, gender and disability status. She fails to allege the employer's actions were motivated by discriminatory animus.
Court: USDC Northern District of New York, Judge: D'Agostino, Filed On: September 19, 2023, Case #: 6:22cv359, NOS: Employment - Civil Rights, Categories: Employment Discrimination
J. Bates finds that the lower court properly convicted defendant of murder, robbery and tampering with a motor vehicle. The court did not err by excluding testimony in an offer of proof from a law enforcement witness or by declining to permit defense counsel to show a surveillance vide of the crime during voir dire. Affirmed.
Court: Missouri Court Of Appeals, Judge: Bates, Filed On: September 19, 2023, Case #: SD37522, Categories: Evidence, Murder, Witnesses
J. Torbitzky finds that the judge abused her discretion in sustaining the child's motion for joinder of her mother as a necessary party in a suit seeking damages for abuse and harassment at the hands of a man convicted of child sodomy. Even if the daughter's claims are true that her mother directed the man's conduct, the mother is not required as a party for her to claim damages against the man. Reversed.
Court: Missouri Court Of Appeals, Judge: Torbitzky, Filed On: September 19, 2023, Case #: ED111910, Categories: Civil Procedure, Judiciary, Tort
Per curiam, the circuit finds the district court properly denied the Texas prisoner's motions for appointment of counsel in his civil rights action brought against prison officials who he alleges retaliated against him by turning off his water, denying him food, and making false disciplinary charges against him. A district court is not required to appoint counsel for an indigent civil rights plaintiff unless the case presents “exceptional circumstances,” which the prisoner has failed to show. The case doesn't present complex issues, so appointment of counsel is unlikely to shorten the trial or assist in resolution. Affirmed.
Court: 5th Circuit, Judge: Per curiam, Filed On: September 19, 2023, Case #: 21-10931, Categories: Civil Rights, Constitution, Prisoners' Rights
J. Bourgeois denies a request by an insurance company to depose additional corporate representatives on the issue of unpaid damages alleged by its insured, a business that owns 36 apartment complexes in Louisiana. The insurer argues that the president of the apartment complex corporation has given insufficient responses on the topic. That the business will not be required to designate a new corporate representative on the issue of damages does not leave the insurance company without any remedies.
Court: USDC Middle District of Louisiana, Judge: Bourgeois, Filed On: September 19, 2023, Case #: 3:22cv485, NOS: Insurance - Contract, Categories: Insurance, Damages, Discovery
J. McGrath finds that the district court properly held that a candidate was not eligible to run for Roosevelt County Attorney because he was not a resident there. The statutory use of the word "habitation" means the place where a person intends to return even when absent. The district court was not required to make findings to determine his actual residence. Affirmed.
Court: Montana Supreme Court, Judge: McGrath, Filed On: September 19, 2023, Case #: DA 23-0115, Categories: Elections
J. Colvin finds that the trial court properly convicted defendant of murder and other offenses upon retrial. The trial court did not commit any error in admitting into evidence testimony from a witness who testified at defendant's first trial but who died and was therefore unavailable to testify at defendant's second trial. Defendant had an adequate opportunity to develop the witness's testimony at his first trial. The testimony was not inadmissible under the confrontation clause of the Sixth Amendment. The trial court also did not commit any error in admitting the victim's hearsay statements into evidence. Affirmed.
Court: Georgia Supreme Court, Judge: Colvin, Filed On: September 19, 2023, Case #: S23A0530, Categories: Confrontation, Murder, Witnesses
J. Bianco finds that the district court improperly denied class certification for a class of children in New York City's foster care system alleging “systemic deficiencies” in the administration. The children argue the commonality and typicality requirements under the federal rule of civil procedure should be reconsidered. "The district court, having erroneously found other legal defects in the allegations, did not address the particular evidence relating to each of the proposed common practices." Vacated.
Court: 2nd Circuit, Judge: Bianco, Filed On: September 19, 2023, Case #: 22-7, Categories: Civil Rights, Due Process, Class Action