140 results for 'filedAt:"2023-10-18"'.
J. Rovner finds that the lower court improperly denied the police officer qualified immunity on wrongful death claims stemming from his fatal shooting of a suspect following a high-speed chase. The evidence shows that the officer exited his car, and placed himself within a few car-lengths of the suspect's car, who began to move his vehicle forward when the officer fired one shot. The officer reasonably fears for his own safety and that of the public if the suspect resumed his reckless flight. Reversed.
Court: 7th Circuit, Judge: Rovner, Filed On: October 18, 2023, Case #: 22-2211, Categories: Immunity, Wrongful Death, Police Misconduct
J. Miller finds that the trial court improperly ruled in favor of the city in a negligence action brought by an individual arising from a car collision with a fire truck. Genuine issues of fact remain as to whether the firefighter slowed down as necessary under the statute before proceeding through the red light at the intersection. Genuine issues of fact also exist as to whether the firefighter's actions proximately caused the individual's injuries. Reversed.
Court: Georgia Court of Appeals, Judge: Miller, Filed On: October 18, 2023, Case #: A23A1037, Categories: Negligence
J. Aoyagi finds the trial court properly allowed evidence gathered after a records check during a traffic stop. “The evidence establishes a reasonable, circumstance-specific relationship between the warrants check…and the lawful purpose of the traffic stop.” Affirmed.
Court: Oregon Court of Appeals, Judge: Aoyagi, Filed On: October 18, 2023, Case #: A175546, Categories: Firearms, Search
J. McDonough grants the city defendants' joint motion to dismiss this action brought by a citizen asserting claims under the First Amendment and for state law defamation, in connection with an alleged news report that the city had cancelled its annual fireworks show due to the citizen's pending lawsuit against it. The court concludes that the alleged statements by the interim city manager to local media were not defamatory, but instead were "an innocuous explanation to the public" for why the city would not be hosting the July 4th fireworks display.
Court: USDC Eastern District of Tennessee , Judge: McDonough, Filed On: October 18, 2023, Case #: 3:23cv220, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Defamation
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J. Nye grants in part an employee's motion for attorney fees. After a reduction for fees for work performed after the offer, she is awarded $54,231 in attorney fees and $3,395 in costs.
Court: USDC Idaho, Judge: Nye, Filed On: October 18, 2023, Case #: 1:22cv64, NOS: Fair Labor Standards Act - Labor, Categories: Employment, Attorney Fees
[Consolidated.] J. Wilson finds that defendant was properly convicted on two counts of first-degree murder and given consecutive life sentences stemming from the shooting deaths of his wife and stepson. The evidence "overwhelmingly" indicates that the homicides were not done in self-defense. Also, defendant's motion to change venue was properly denied because he did not show there was "an overriding prejudice in the community that affected his right to an impartial jury." Affirmed.
Court: Louisiana Court Of Appeal, Judge: Wilson, Filed On: October 18, 2023, Case #: KA-23-18, Categories: Evidence, Murder, Self Defense
J. Welch finds that defendant was properly convicted on counts including first degree rape of a victim under age thirteen and molestation of a juvenile. Defendant argued that the testimony from the expert regarding one of the victims "invaded the province of the jury," but the challenged testimony was harmless, and the admonition to the jury sufficiently cured the prejudice. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Welch, Filed On: October 18, 2023, Case #: 2023KA0221, Categories: Evidence, Sex Offender, Experts
J. Battaglia grants a staffing group's motion to dismiss Fair Labor Standards Act claims brought by an employee, a citizen of Texas, who claims the company failed to pay him time and a half for overtime. Although the staffing company, which is primarily located in Massachusetts, is registered to do business in California and maintains offices in the state, there are no allegations that the employee's injuries arose from the company's California presence, so the court lacks personal jurisdiction.
Court: USDC Southern District of California, Judge: Battaglia, Filed On: October 18, 2023, Case #: 3:23cv820, NOS: Fair Labor Standards Act - Labor, Categories: Employment, Jurisdiction, Labor
J. Arnett denies the Army’s motion for summary judgment on the contractor’s claims for unpaid invoices. Under the Blanket Purchase Agreement, the Army could place call orders for forklifts and bulldozers at the Old Erbil International Airport in Erbil, Iraq. One invoice was required to be submitted for each call unless paid for by a government purchase card. Ninety-six invoices identified by the Army do not correspond with invoices listed on the contractor’s spreadsheets, and these material facts remain in dispute.
Court: Armed Services Board Of Contract Appeals, Judge: Arnett, Filed On: October 18, 2023, Case #: 63521, Categories: Military, Contract
J. Kuntz finds that the trial court improperly granted a doctor leave to amend the complaint to seek punitive damages related to his defamation suit because the doctor failed to demonstrate CNN acted with malice in reporting mortality rates associated with a pediatric open-heart surgery program. Reversed.
Court: Florida Courts Of Appeal, Judge: Kuntz, Filed On: October 18, 2023, Case #: 4D2022-1674, Categories: Damages, Defamation
Per curiam, the Fifth Circuit denies the developer’s and the former mayor of Richardson, Texas’s petition for rehearing on their convictions for bribery and tax fraud. The developer sought rezoning of property to construct apartments, which was approved, though citizens opposed the rezoning. Sufficient evidence of the mayor’s extramarital affair with the developer has been shown, including the mayor’s admitting the affair to her husband. Though defendants assert that certain bribes were gratuities, and that the court failed to properly instruct the jury, all evidence supports the court’s verdict. Affirmed in part. Vacated in part.
Court: 5th Circuit, Judge: Per curiam, Filed On: October 18, 2023, Case #: 22-40519, Categories: Tax, Bribery, Property
J. Higginson denies a corporate advocacy group’s petition for review of the SEC’s approval of a rule that would require companies listed on the Nasdaq stock exchange to disclose information about board members, as well to give certain companies access to a board recruiting service. The group identifies no requirement of the Securities Exchange Act to which questions regarding the list of board-ready diverse candidates and availability of services are important or relevant. The group has shown no evidence that the approval order violates any acts or policies.
Court: 5th Circuit, Judge: Higginson, Filed On: October 18, 2023, Case #: 21-60626, Categories: Evidence, Securities, Agency
J. Copeland finds for the commissioner of internal revenue in tax deficiency claims brought against the estate of the late actor James Caan. The commissioner did not abuse his discretion in declining to waive the rollover period because the IRA contribution did not constitute a nontaxable rollover contribution.
Court: U.S. Tax Court, Judge: Copeland, Filed On: October 18, 2023, Case #: 161TC6, Categories: Tax
J. Horton finds the trial court properly convicted defendant for the murder of her 81-year-old father. Though defendant originally said that her father committed suicide by hitting himself with his fists, a spatula and a rolling pin, she later said that he attacked her, and she hit him with the objects in self-defense. Statements made by a detective who was at the scene regarding his beliefs about defendant’s innocence were not objected to at trial and are not preserved for review. Defendant filed no post-judgment motions, and her attorney did not testify. The appeals court has no record to explain why her attorney didn’t object. Affirmed.
Court: Texas Courts of Appeals, Judge: Horton, Filed On: October 18, 2023, Case #: 09-21-00312-CR, Categories: Evidence, Murder
[Consolidated.] J. Golemon finds the trial court properly convicted defendant for continuous sexual abuse of a child and sexual assault of a child. A victim testified that her stepfather started molesting her when she was 11, and that when she was 16, she told her grandmother about the abuse. She also testified that he sexually abused her sister. All evidence supports the conviction. Defendant opened the door to the admissibility of a video showing him assault the victims’ brother when he, representing himself, questioned the victim about why she did not tell authorities about anything other than sexual acts occurring at the house. Defendant’s objections at trial do not comport with his arguments on appeal and the issues are not preserved. Affirmed.
Court: Texas Courts of Appeals, Judge: Golemon, Filed On: October 18, 2023, Case #: 09-22-00429-CR, Categories: Evidence, Sex Offender, Child Victims
J. Reed finds a lower court improperly dismissed human rights claims brought by the daughter of her deceased father. The public authority argued that it was not obligated to make an arrest after her father died in a bomb explosion. However, the daughter presented sufficient evidence in court that police failed to conduct a proper investigation and that she is entitled to an inquest. Reversed.
Court: Supreme Court of the United Kingdom, Judge: Reed, Filed On: October 18, 2023, Case #: 2023UKSC36, Categories: Evidence, Government, Wrongful Death
J. Windhorst finds that the trial court properly determined the decedent's last will and testament to be valid and dismissed with prejudice his daughter's petition to annul probated testament and to annul judgment of possession. The will was signed by the decedent, three witnesses, and a notary, and the decedent signed his name on the bottom of the first page of the will and at the end of the second page before the witnesses and notary. Further, the decedent clearly declared that the document was his last will and testament, and the will's deviations of form do not nullify it. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Windhorst, Filed On: October 18, 2023, Case #: 22-CA-502, Categories: Wills / Probate, Contract
J. Thyer finds the Arkansas Board of Review improperly entered an order requiring the hotel employee to repay $2,472 in overpaid benefits. During the Covid-19 pandemic, she began receiving $168 in weekly state unemployment, later receiving $600 in weekly Federal Pandemic Unemployment Compensation. Her employment then ended due to lack of business and she was given $2,010 in severance pay, which was properly found to disqualify her from benefits. The board did fail to make findings as to whether repayment would be contrary to equity and good conscience. Affirmed in part. Reversed in part and remanded.
Court: Arkansas Court Of Appeals, Judge: Thyer, Filed On: October 18, 2023, Case #: E-22-366, Categories: Employment, Due Process, Covid-19
J. Brown finds the county court properly entered the post-divorce order requiring the father to pay 25% of his bonuses but not his commissions and crediting payments made directly to the mother against arrearage. Because payments made were in accordance with court-ordered child support, they were not voluntary payments for which the father is not entitled to credit. And though the wife did not prevail on all matters, the court’s award of attorney fees to her is not an abuse of discretion. The husband offers no support for his claim that the award was related to the difference between the parties’ income. Affirmed on direct and cross appeal.
Court: Arkansas Court Of Appeals, Judge: Brown, Filed On: October 18, 2023, Case #: CV-21-503, Categories: Family Law, Attorney Fees, Contract
J. Barrett finds the trial court properly convicted defendant for the rape of his eight-year-old daughter who, after a lesson on personal safety at her school, reported ongoing abuse. Evidence obtained through forensic interview and medical examination, including DNA evidence, supports the conviction. After deliberating, the jury sent a note saying that the vote was 11–1. Both the prosecutor and defense counsel agreed to the court’s sending a note back asking the jury to continue deliberation, which then returned a unanimous guilty verdict, confirmed by polling. No motion for mistrial was made. Affirmed.
Court: Arkansas Court Of Appeals, Judge: Barrett, Filed On: October 18, 2023, Case #: CR-22-674, Categories: Evidence, Sex Offender, Child Victims
J. Scarsi dismisses the investor-backed company's complaint alleging that the software publishers company infringes on the former's patents relating to a system and method that analyzes "tags associated with a sequence of images presented to a user” to present the user with “a current interest.” The investor-backed company does not explain how its asserted claims have "specific asserted improvements in computer capabilities” instead of disclosing that “computers are invoked merely as a tool," and it also does not show that its patents have inventive concepts.
Court: USDC Central District of California, Judge: Scarsi, Filed On: October 18, 2023, Case #: 2:23cv6298, NOS: Patent - Property Rights, Categories: Patent
J. Bock finds the lower court properly determined the mother had abandoned her daughters and granted permanent custody to their grandmother. The mother admitted she made no attempts to contact her children when she returned to Ohio from Texas, while the grandmother had custody of the younger daughter for nearly her entire life and provided a safe and stable environment. Affirmed.
Court: Ohio Court Of Appeals, Judge: Bock, Filed On: October 18, 2023, Case #: 2023-Ohio-3776, Categories: Evidence, Family Law
J. Ray partially grants the longshoreman's motion to exclude testimony from the ship owners' expert in a fraud and negligence action arising after he allegedly contracted Covid-19 on the ship. The expert's opinion that the longshoreman could have contracted Covid-19 from other sources, including from his girlfriend who was working as a waitress, is excluded. The ship owners failed to show how the expert relied on his experience as an epidemiologist and infectious disease doctor to identify other possible sources of the longshoreman's Covid-19 infection and why the expert's experience is a sufficient basis for his conclusion. Although the expert's report is deficient for failing to include references to information from the Center for Disease Control's website and data on Covid-19's incubation time, the deficiencies are harmless.
Court: USDC Southern District of Georgia, Judge: Ray, Filed On: October 18, 2023, Case #: 4:20cv236, NOS: Marine - Contract, Categories: Fraud, Experts, Covid-19
J. Lambert finds partially in favor of the adoptive parents in their lawsuit appealing the trial court's denial of their motion to restrict the birth parents' and the grandparents' access to court records in three dependency cases involving three children. Considering how the parental rights are spread across the individuals in these cases and other circumstances, the trial court's order is in part upheld in terms of granting the birth parents access to records in cases involving two children for whom their parental rights were terminated and the grandparents access to records for one of the children. The adoptive parents' petition for certiorari review is denied in part, the trial court's order is quashed in part and the case is remanded for further review.
Court: Florida Courts Of Appeal, Judge: Lambert, Filed On: October 18, 2023, Case #: 23-0279, Categories: Family Law