124 results for 'filedAt:"2023-10-06"'.
J. Jenkins finds that the district court should not have denied defendant's motion to exclude the admission of the third 911 call from a neighbor in his second degree murder trial because the 911 call contained inadmissible hearsay statements. In this case, the neighbor did not witness the events as they occurred and recounted to the 911 operator what was told to her by another person who "told me to call the ambulance." The neighbor told the dispatcher that she "wasn't outside" and could not tell the dispatcher what the suspect was wearing. Reversed.
Court: Louisiana Court Of Appeal, Judge: Jenkins, Filed On: October 6, 2023, Case #: 2023-K-0534, Categories: Evidence, Murder
J. Motoike finds the trial court properly denied the historic resource advocacy group’s petition for mandamus challenging the city’s approval of an application to build an extension on an existing single-family dwelling listed in the city’s “Historic Resources Inventory.” The modification is exempt from the California Environmental Quality Act’s environmental review under a historical resource exemption. This exemption is based on the city’s finding the project consistent with the “Secretary of the Interior’s Standards for the Treatment of Historic Properties.” The renovation will not cause a substantial adverse change in the significance of the resource, and the “fair argument standard” does not apply where application of the exemption and exception depend on the same issue. Affirmed.
Court: California Courts Of Appeal, Judge: Motoike, Filed On: October 6, 2023, Case #: G061671, Categories: Environment, Municipal Law, Property
J. Willett finds the district court improperly granted reclassification of the NFL running back’s retirement benefits level to the highest tier. The player has suffered multiple concussions throughout his career and was awarded one set of benefits. After he was found to be entitled to social security disability, the NFL plan reclassified him to a higher tier. Two years later, the NFL denied a third claim for reclassification. The district court then granted discovery and awarded the player top-level benefits instead of remanding for review at the administrative level. The player is not entitled to the court’s reclassification because he has not shown changed circumstances between his last two claims, the last of which was denied and which he did not appeal. Reversed and remanded.
Court: 5th Circuit, Judge: Willett, Filed On: October 6, 2023, Case #: 22-10710, Categories: Administrative Law, Erisa, Insurance
J. Hawkins denies defendant's petition for panel rehearing and files an amended opinion affirming defendant's sentence for two counts of aggravated sexual abuse of a child. The sentencing guideline was unambiguous and properly applied by the district court. Affirmed.
Court: 9th Circuit, Judge: Hawkins, Filed On: October 6, 2023, Case #: 22-10044, Categories: Sentencing, Sex Offender
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J. Quinn finds that the lower court properly transferred the appellant from the Texas Juvenile Justice Department to the Texas Department of Criminal Justice after he was originally adjudicated as engaging in delinquent conduct. His court-appointed counsel filed an Anders brief indicating that there are no grounds for reversal, and the court agrees. Affirmed.
Court: Texas Courts of Appeals, Judge: Quinn, Filed On: October 6, 2023, Case #: 07-23-00187-CV, Categories: Civil Procedure, Juvenile Law
Per curiam, the Fifth Circuit finds the district court properly denied due process claims brought by the committed sexually violent predator who was transferred to a civil commitment center after his arrest for indecent exposure. Though the patient had agreed to participate in an outpatient program allowing for the gradual introduction of certain offenders into the community, the commitment office issued an emergency detention order. The state had an interest in acting quickly to protect the community. Unlike the criminal parolee in a cited case, the patient had consented to reside where instructed according to the program, and a procedural balancing test favors commitment. Affirmed.
Court: 5th Circuit, Judge: Per curiam, Filed On: October 6, 2023, Case #: 21-20450, Categories: Sex Offender, Commitment
Per curiam, the appellate division properly convicted defendant of driving while intoxicated since the lower court properly admitted evidence obtained during a traffic stop instigated when the arresting officer observed defendant's vehicle swerve over the white fog line several times. Affirmed.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: October 6, 2023, Case #: KA 23-00229, Categories: Search, Dui
J. Theofanis finds that the trial court properly ruled in ordering a husband to pay spousal maintenance to his former wife in its order dissolving their marriage. On appeal, the husband argues that the trial court erred in awarding his former wife a disproportionate share of the couple's community estate and having him provide $3,000 per month for 10 years. If not ordered to receive spousal maintenance, the wife would be unable to financially support herself.. Affirmed.
Court: Texas Courts of Appeals, Judge: Theofanis, Filed On: October 6, 2023, Case #: 03-22-00758-CV, Categories: Family Law
J. Soud finds the trial court's order denying the hospital system and doctor's motions to dismiss the patient's medical malpractice lawsuit based on the allegedly untimely pre-suit filing by the patient of an expert affidavit cannot be reviewed via certiorari, so the system and doctor's petition for certiorari is dismissed.
Court: Florida Courts Of Appeal, Judge: Soud, Filed On: October 6, 2023, Case #: 23-0780, Categories: Civil Procedure, Medical Malpractice
J. Neeley finds the trial court properly convicted defendant for murder. Though defendant pleaded “true” to a sentencing enhancement for a prior conviction for aggravated sexual assault and kidnapping, he says his life sentence is cruel and unusual. Sentencing in a cited case involving enhancements for credit card theft is not constitutionally disproportionate. This much more serious case involving murder, with enhancements for sexual assault and kidnapping, also satisfies the applicable threshold test. No abuse of discretion is found. Affirmed.
Court: Texas Courts of Appeals, Judge: Neeley, Filed On: October 6, 2023, Case #: 12-23-00057-CR, Categories: Murder, Sentencing
Per curiam, the appellate division finds that the trial court properly ruled against an employee accused of taking customer accounts to a competitor. The court properly excluded employee salaries and benefits from the recoverable amount because communications by the employee during that period did not cause the company monetary loss. Affirmed.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: October 6, 2023, Case #: CA 22-01941, Categories: Fiduciary Duty
J. Sack finds that the district court improperly dismissed unjust enrichment claims in which an independent contractor contends defendant misappropriated a tool he developed to evaluate potential investments, but properly dismissed remaining claims. The contractor failed to demonstrate he possessed a trade secret that had been reverse-engineered by Deloitte to take over his work for Bank of New York Mellon, as he was paid only for consulting services and not for Deloitte's use of the underlying tool. Reversed in part.
Court: 2nd Circuit, Judge: Sack, Filed On: October 6, 2023, Case #: 22-21-cv, Categories: Trade Secrets, Contract
J. Raider finds that defendant was improperly sentenced to imprisonment following revocation of pre-trial diversion based on his guilty plea to trafficking in a controlled substance. Although he was terminated from a drug court program in 2018 for absconding, the commonwealth did not move to revoke diversion at that time, and the diversionary period has since expired. Reversed.
Court: Kentucky Court Of Appeals, Judge: Jones, Filed On: October 6, 2023, Case #: 2022-CA-1070-MR, Categories: Criminal Procedure, Drug Offender, Sentencing
J. Higginson finds the district court improperly granted class certification to the insured parties whose totaled vehicles’ actual cash values were appraised by the insurer using a valuation report other than the National Automobile Dealers Association or Kelley Blue Book. The insureds fail to show injury, and so fail to establish the insurer’s liability on a class-wide basis, failing to demonstrate entitlement to the NADA values. Reversed and remanded.
Court: 5th Circuit, Judge: Higginson, Filed On: October 6, 2023, Case #: 22-30351, Categories: Insurance, Vehicle, Class Action
J. Gutierrez partially grants the higher education institutions' motion for default judgment for their complaint alleging that the employees used their access to the institutions' trade secrets and confidential information to induce their clinical partners to use a competitor's services. The institutions seek $808,600 in compensatory damages under their misappropriation of trade secrets and fraud claims, but they do not have sufficient evidence to prove associated compensatory damages due to untraceable calculations, so they receive $681,000 in compensatory damages.
Court: USDC Central District of California, Judge: Gutierrez, Filed On: October 6, 2023, Case #: 2:21cv698, NOS: Other Fraud - Torts - Personal Property, Categories: Fraud, Trade Secrets, Damages
[Consolidated.] J. Cote affirms the bankruptcy court's decision dismissing two claimant's objections to the bankruptcy plan. The claimants were permitted to plead successor liability in their responses, so arguments about the format of the Sexual Abuse Claim Form fail. The court reasonably found that claimants would not be able to cure deficiencies in their claims if given the opportunity to amend.
Court: USDC Southern District of New York, Judge: Cote, Filed On: October 6, 2023, Case #: 1:23cv6281, NOS: Bankruptcy Appeal 28 USC 158 - Bankruptcy, Categories: Bankruptcy
J. Williams grants summary judgment on five claims related to an injectable, anatomically correct simulated face model because the potential buyer did not misappropriate trade secrets or infringe related patents and trade dress by developing its own face model after the parties had a falling out. Damages for breach of contract should be denied because the contract had no bearing on a prior failed deal.
Court: USDC Delaware, Judge: Williams, Filed On: October 6, 2023, Case #: 1:19cv592, NOS: Patent - Property Rights, Categories: Trade Secrets, Damages, Contract
J. Ray screens an amended action brought pro se by the employee alleging race discrimination against her employer and finds that the employee has presented sufficient facts to warrant service of her claims on the employer. The employee, a Black woman, claims she was unfairly transferred to a different location after reporting a verbal altercation with a white co-worker. The employee's claim under Title VII against her superior should be dismissed because the statute does not provide for individual liability.
Court: USDC Southern District of Georgia, Judge: Ray, Filed On: October 6, 2023, Case #: 4:23cv213, NOS: Employment - Civil Rights, Categories: Employment Discrimination, Employment Retaliation
J. Norris grants in part the funds' motion for entry of default judgment in this lawsuit brought under the Employee Retirement Income Security Act regarding unpaid contributions. The company defendants failed to timely respond to the complaint, and the clerk properly entered a default. The court now concludes that the defendant company has breached a repayment agreement, as well as the collective bargaining agreement. The individual defendant is dismissed, however, as to the breach of contract claim against him.
Court: USDC Western District of Tennessee , Judge: Norris, Filed On: October 6, 2023, Case #: 2:23cv2071, NOS: Employee Retirement Income Security Act (ERISA) - Labor, Categories: Erisa, Contract, Labor
J. Bennett finds that the district court properly entered application of a serious bodily injury enhancement on defendant's conviction for aggravated sexual abuse by force or threat and affirmed the lower court's felony child abuse conviction under the Major Crimes Act. The panel rejected defendant's claim that the enhancement resulted in improper double counting. Affirmed.
Court: 9th Circuit, Judge: Bennett, Filed On: October 6, 2023, Case #: 21-30128, Categories: Sentencing, Sex Offender