196 results for 'filedAt:"2023-12-20"'.
J. Abele finds the failure by defendant's attorney to object to testimony from a detective was not ineffective assistance. Although the detective claimed defendant admitted he would not contest the sexual imposition charges, defendant had already confessed his crimes to his employer and in another police interview; therefore, the admission of the statement did not "hand the case" to the state. Meanwhile, the trial court made all required findings before it imposed consecutive sentences for defendant's convictions and, therefore, his sentence is reasonable. Affirmed.
Court: Ohio Court Of Appeals, Judge: Abele, Filed On: December 20, 2023, Case #: 2023-Ohio-4809, Categories: Ineffective Assistance, Sentencing, Sex Offender
[Consolidated.] J. Yohalem finds the lower court erroneously affirmed the removal of the Native American child from his guardians because the government failed to provide sufficient evidence of its efforts to prevent the unnecessary removal of the child as required under the Indian Child Welfare Act. The only evidence from the state agency came from a single witness who testified the agency made numerous phone calls to the guardians over a 9-month period, while the agency also failed to conduct in-home studies of the child's grandparents and birth parents to determine if they were suitable placements. Reversed.
Court: New Mexico Court of Appeals, Judge: Yohalem, Filed On: December 20, 2023, Case #: A-1-CA-40390, Categories: Evidence, Family Law, Native Americans
J. Boyle grants a group of multiple individuals, including the North Carolina assistant attorney general, its motion to dismiss a charter school’s former CEO’s allegations that they have been involved in a racist conspiracy since 2007 to shut down the school. He says the group pressured him, a Black man known for opposing alleged race-based discrimination in the state’s treatment of charter schools, into continuing to use a financial services vendor that he accuses of filing false reports. Further, he claims members of the group destroyed his reputation through verbal attacks and deliberately influenced the vendor to create false reports in order to justify the school board’s revocation of the charter. However, the members of the group are protected by 11th Amendment immunity and, because the CEO’s claims are time-barred, supplemental jurisdiction is not applicable.
Court: USDC Eastern District of North Carolina, Judge: Boyle, Filed On: December 20, 2023, Case #: 5:23cv220, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Education, Jurisdiction
J. Dysart finds that the district court properly found for a class of individuals living in housing developments operated by the Housing Authority on the issue of liability on their claim for exposure to mold. The district court determined that the Housing Authority was liable for breach of contract, not breach of HUD housing standards, and it was based on the class wide contract terms and conditions of the leases. Further, the testimony of the class members established that they all suffered a breach of contract as a result of the mold in their apartments. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Dysart, Filed On: December 20, 2023, Case #: 2023-CA-0182, Categories: Housing, Class Action, Contract
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J. Soto finds a lower court erred in denying a migrant's pretrial writ of habeas corpus after he was arrested for trespassing as part of Texas' push to deter undocumented migration on the southern border. An appeals court has already ruled the practice is likely unconstitutional since the state is targeting men. Reversed.
Court: Texas Courts of Appeals, Judge: Soto, Filed On: December 20, 2023, Case #: 08-23-00285-CR, Categories: Constitution, Immigration, Trespass
J. Schumacher finds that a child was properly placed in the joint physical care of both parents following dissolution of marriage because the husband's allegations of spousal abuse and neglect were not substantiated. Affirmed.
Court: Iowa Court Of Appeals, Judge: Schumacher, Filed On: December 20, 2023, Case #: 23-0417, Categories: Family Law
J. Tookey finds the trial court properly directed the Oregon Water Resources Department to consider the relator’s application for a change in the point of diversion of water from a creek that serves as a source of water for the relator’s reservoir. While “the storage of water in and of itself is not a ‘use’ of water, when considered in the context of the secondary permit, it can represent a water use subject to transfer.” Affirmed.
Court: Oregon Court of Appeals, Judge: Tookey, Filed On: December 20, 2023, Case #: A180610, Categories: Water
J. Schumacher finds that the lower court properly denied a mother's petition to modify legal and physical custody of the child to her sole care because she was highly emotional and prone to making accusations of abuse against the father without providing evidence. Affirmed.
Court: Iowa Court Of Appeals, Judge: Schumacher, Filed On: December 20, 2023, Case #: 23-0276, Categories: Family Law
J. Mesiwala holds that the trial court must dismiss defendant's case because his right to a speedy trial was violated. The trial court failed to bring him to trial within 60 days of the date it received a remittitur from this court ordering a new trial. Vacated.
Court: California Courts Of Appeal, Judge: Mesiwala, Filed On: December 20, 2023, Case #: C098517, Categories: Speedy Trial
J. Quinn finds that the damages awarded in this case concerning a construction contract for a dairy facility lack a "foundation in evidence." Accordingly, the court will modify the judgment by striking the damages portion but otherwise affirm the remainder of the judgment, which also invalidated a mechanic's lien. Affirmed.
Court: Texas Courts of Appeals, Judge: Quinn, Filed On: December 20, 2023, Case #: 07-23-00078-CV, Categories: Evidence, Damages, Contract
Per curiam, the appellate division finds that the lower court properly found for the Maserati dealership on fraud claims stemming from the purchaser's repeated attempts to get repairs to her vehicle's air conditioning system. The purchaser cannot identify any specific material misrepresentation of fact, and cannot avail herself of consumer protection laws because the vehicle was purchased by her company and claimed as a 100% business use deduction on its corporate tax returns. Affirmed.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: December 20, 2023, Case #: 06511, Categories: Fraud, Contract
J. Epps recommends that a civil rights and malicious prosecution action brought by the individual against the Georgia State Patrol and two officers be dismissed. The action arose out of three traffic stops which resulted in the individual being arrested for DUI twice and once for driving with a suspended license. The first DUI charge was disposed of by order of nolle prosequi. Since the patrol is an agency of the state and the state has sovereign immunity, the civil rights claim should be dismissed. The individual failed to allege that one officer lacked sufficient probable cause to arrest him. The individual's state court conviction bars his false arrest claim as to his second traffic stop and arrest.
Court: USDC Southern District of Georgia, Judge: Epps, Filed On: December 20, 2023, Case #: 6:23cv70, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Malicious Prosecution
J. Hellman finds the trial court properly convicted defendant for two counts of harassment constituting domestic violence. “There is little likelihood that the jury might not have been persuaded that [defendant] was at least criminally negligent” for pulling the victim’s leg and punching a windshield. Affirmed.
Court: Oregon Court of Appeals, Judge: Hellman, Filed On: December 20, 2023, Case #: A176420, Categories: Domestic Violence, Harassment
J. Atkins finds that the trial court should not have granted an injured driver's motion to quash the defendant driver's subpoena to the injured driver's insurer for information related to the case. A review of the insurer's agreements is necessary to determine if the collateral source rule applies and whether the defendant driver has a valid defense against the application of the collateral source rule. Reversed.
Court: Louisiana Court Of Appeal, Judge: Atkins, Filed On: December 20, 2023, Case #: 2023-C-0718, Categories: Discovery, Contract
J. Saylor partly grants a major technology company’s motion to exclude the expert testimony of a smaller technology company suing it for willful patent infringement. The smaller company’s technical expert is not qualified to claim that the larger company’s product’s commercial success is directly or largely due to its allegedly patent-infringing features.
Court: USDC Massachusetts, Judge: Saylor, Filed On: December 20, 2023, Case #: 1:19cv12551, NOS: Patent - Property Rights, Categories: Patent, Experts, Technology
J. Gravois finds that the trial court properly granted joint custody of the parties' children. Res judicata was properly granted as to the mother's allegation regarding the father's alleged sexual abuse of the children because the multiple petitions for protection from abuse by both parties have all been filed in the same district court proceeding. The allegations of sexual abuse against the children were fully litigated and were dismissed with prejudice. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Gravois, Filed On: December 20, 2023, Case #: 23-CA-46, Categories: Evidence, Family Law
J. Choe-Groves grants Thlopthlocco Tribal Town's motion for declaratory judgment holding that it is "entitled to sovereign immunity in the Muscogee (Creek) Nation Courts and may, if it chooses, waive its sovereign immunity." Also, the judicial defendants' dismissal motion, in which they argue that the case is moot, is denied. The court concludes that its exercise of jurisdiction is appropriate and confirms that the plaintiff is a "federally recognized tribe, and it enjoys sovereign immunity."
Court: USDC Northern District of Oklahoma , Judge: Choe-Groves, Filed On: December 20, 2023, Case #: 4:09cv527, NOS: Other Statutory Actions - Other Suits, Categories: Native Americans, Immunity, Jurisdiction
J. Cole denies the parties' motion to approve a class action settlement, ruling that while the class of customers who purchased bedsheets from Macy's based on inflated thread counts meets all commonality and typicality requirements, the "cy pres" award of leftover settlement funds to a nonprofit consumer advocacy organization that focuses primarily on climate change issues - not textile goods or misleading labels - makes the settlement unlawful because it does not benefit the class members in any way.
Court: USDC Southern District of Ohio, Judge: Cole, Filed On: December 20, 2023, Case #: 1:17cv754, NOS: Other Fraud - Torts - Personal Property, Categories: Fraud, Settlements, Class Action
J. Coulson grants the transportation department’s unopposed motion for summary judgment in this Americans with Disabilities Act lawsuit brought by a potential employee alleging he was not hired for a position due to his race, sex, age and disability. The potential employee fails to sufficiently establish that he was qualified for the position or that his claims for discrimination and retaliation were an adverse action. The potential employee also failed to answer the motion in the timely manner.
Court: USDC Maryland, Judge: Coulson, Filed On: December 20, 2023, Case #: 1:23cv983, NOS: Amer w/Disabilities-Employment - Civil Rights, Categories: Ada / Rehabilitation Act, Employment
J. Dysart finds that the trial court properly granted a creditor's exception of no cause of action on a property owner's nullity petition related to his property being sold at a sheriff's sale after he defaulted on the mortgage. In this case, the creditor was not the adjudicatee at the sheriff’s sale and has never been in possession of the property. Therefore, the property owner was not entitled to file a lawsuit to nullify the sale of the property. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Dysart, Filed On: December 20, 2023, Case #: 2023-CA-0263, Categories: Property, Contract
Per curiam, the circuit finds that the district court properly ordered $5.2 million in restitution after defendant pleaded guilty to conspiring to engage in securities fraud to meet employer commission targets. Defendant contends restitution should have been apportioned with his coconspirator in the unauthorized customer trade scheme, but the court did not abuse its discretion in finding both men equally responsible. Affirmed.
Court: 2nd Circuit, Judge: Per curiam, Filed On: December 20, 2023, Case #: 22-1547, Categories: Fraud, Restitution, Securities
J. Choe-Groves grants permanent injunctive relief to the government and the Osage Nation in this lawsuit against the developers of a wind turbine farm. Equitable relief is due on the claim of continuing trespass, specifically "in the form of ejectment of the wind towers," though the court will allow for input as to the timing. The court will also hold a trial to determine monetary damages for the trespass and conversion claims.
Court: USDC Northern District of Oklahoma , Judge: Choe-Groves, Filed On: December 20, 2023, Case #: 4:14cv704, NOS: All Other Real Property - Real Property, Categories: Energy, Real Estate, Conversion
J. Kamins finds the post-conviction court properly denied relief for defendant, convicted of murder, who claimed his trial counsel rendered ineffective assistance of counsel. “Even if another lawyer may have relied on a different strategy, that does not mean that counsel performed unreasonably.” Affirmed.
Court: Oregon Court of Appeals, Judge: Kamins, Filed On: December 20, 2023, Case #: A177921, Categories: Ineffective Assistance, Murder, Sentencing
J. Land denies Ford's motion for summary judgment in a renewed product liability and negligence action brought by a deceased driver’s mother and a passenger. The driver lost control of a 2001 P207 Ford Explorer Sport Trac when the tread on a tire separated. The vehicle rolled over four times. A reasonable jury could find that Ford knew the vehicle’s target understeer gradient was low and that the issue often caused drivers to lose control of their vehicles. A genuine issue of fact exists as to whether Ford acted with reckless, willful or wanton disregard for life or property in designing the vehicle.
Court: USDC Middle District of Georgia, Judge: Land, Filed On: December 20, 2023, Case #: 4:22cv62, NOS: Personal Injury - Product Liability - Torts - Personal Injury, Categories: Negligence, Product Liability
J. Renner finds that the trial court erroneously granted a bank's motion for summary judgment on a car buyer's consumer, unfair business practices and misrepresentation claims. The bank assigned an auto loan contract back to the dealer, but under the federal Holder Rule liability attaches to both a seller and a creditor even if the creditor no longer holds the debt. Reversed.
Court: California Courts Of Appeal, Judge: Renner, Filed On: December 20, 2023, Case #: C097061, Categories: Fraud, Consumer Law, Banking / Lending
J. Doyle finds that defendant's application for postconviction relief was properly dismissed following revocation of deferred judgment and resentencing on a forgery charge, as well as sentencing on his guilty plea to possession of methamphetamine. Resentencing did not violate double jeopardy since the sentences did not constitute punishment greater than intended by the state. Affirmed.
Court: Iowa Court Of Appeals, Judge: Doyle, Filed On: December 20, 2023, Case #: 22-1315, Categories: Drug Offender, Double Jeopardy, Forgery