124 results for 'filedAt:"2024-03-11"'.
J. Russell mostly declines the stepfather's motion to dismiss in this fraud and fiduciary duty lawsuit concerning the administration of the mother's trust. The brothers have sufficiently alleged that the stepfather breached his fiduciary duties as the trustee by selling the house below market value, issuing an unsecured loan to his own son, and failing to pay ad valorem taxes on behalf of the trust. However, the brothers' claim for accounting is dismissed.
Court: USDC Western District of Oklahoma , Judge: Russell, Filed On: March 11, 2024, Case #: 5:23cv917, NOS: Other Fraud - Torts - Personal Property, Categories: Fraud, Trusts, Fiduciary Duty
J. Goodwin denies in part the plaintiff motorist's motions in limine in this lawsuit arising from a motor vehicle collision. The plaintiff motorist seeks to preclude the defendant motorist from introducing plaintiff's medical information that is not related to this case, but this request is too broad and does not identify any specific record. Plaintiff can object during trial if defendant attempts to introduce an inadmissible medical record. However, the defendant motorist's counsel and witnesses are precluded from suggesting "that the jury's decision may result in higher healthcare costs or affect the costs of insurance."
Court: USDC Western District of Oklahoma , Judge: Goodwin, Filed On: March 11, 2024, Case #: 5:22cv389, NOS: Motor Vehicle - Torts - Personal Injury, Categories: Tort, Discovery
J. Ditkoff affirms the defendant’s conviction of possession of fentanyl. Search warrants authorizing searches of any person present include people who remain in the vicinity of the property the search warrant is authorized for, even if they have left the property itself, as long as they were on the property during the execution of the warrant. Affirmed.
Court: Massachusetts Court Of Appeals, Judge: Ditkoff, Filed On: March 11, 2024, Case #: 23-P-250, Categories: Criminal Procedure, Drug Offender, Search
J. Streeter issues a certificate of appealability on one of nine claims defendant made in his kidnapping, robbery and murder case, which led to a death sentence. Reasonable jurists could find that the trial court improperly excused a juror who said she was "neutral" on the death penalty and said she did not want to make a life-or-death decsion, but did not say she could not impose the death penalty. Also, the statutory 10-day deadline for granting or denying requests for certficates of appealability is directory, not mandatory. A substantial claim to relief is strong enough for a certificate to issue if jurists could debate whether the trial court erred. And a request must come with a record that is adequate for appellate review.
Court: California Courts Of Appeal, Judge: Streeter, Filed On: March 11, 2024, Case #: A169146, Categories: Death Penalty, Habeas, Murder
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J. Mathis finds that defendant was properly convicted of armored robbery, battery, and auto theft because the trial court properly allowed police officers to testify about the victim's out-of-court statements, and evidence indicates defendant had not merely possessed the vehicle but had stolen it and committed theft. Affirmed.
Court: Indiana Court Of Appeals, Judge: Mathis, Filed On: March 11, 2024, Case #: 23A-CR-954, Categories: Evidence, Robbery, Theft
J. Weissmann finds that defendant was properly convicted of murder since the lower court took numerous measures to ensure the jury did not know the victim's mother had been convicted of murder during defendant's trial. Once that information was disclosed, the court properly declared a mistrial, and the second trial did not violate double jeopardy. Affirmed.
Court: Indiana Court Of Appeals, Judge: Weissmann, Filed On: March 11, 2024, Case #: 23A-CR-606, Categories: Evidence, Murder, Double Jeopardy
J. Davis finds the trial court properly imposed a two-level flight enhancement to defendant's sentence. Although he was not the driver of the vehicle that led police on a high-speed chase through a residential area, he was an active participant in the crime that led to the chase and immediately fled from police when the car eventually crashed, which allowed the court to infer he actively participated in the reckless flight from police. Affirmed.
Court: 6th Circuit, Judge: Davis, Filed On: March 11, 2024, Case #: 23-3078, Categories: Firearms, Sentencing
J. Moore denies the parties summary judgment in claims seeking insurance coverage for hail damage sustained to the roof of a commercial building because evidence remains in dispute as to whether the roof acted as a barrier to the elements and thus sustained functional and compensable damage.
Court: USDC Colorado, Judge: Moore, Filed On: March 11, 2024, Case #: 1:20cv2443, NOS: Insurance - Contract, Categories: Insurance
J. Youchah grants the job applicant's motions for sanctions and for leave to supplement the motion. The applicant says the bank delayed production of documents that would show it did not intend to employ him, only wanting his book of business, and terminating him on the first day of the job. The bank offers no reasonable excuse for its failure to timely produce documents or a witness.
Court: USDC Nevada, Judge: Youchah , Filed On: March 11, 2024, Case #: 2:20cv2285, NOS: Other Contract - Contract, Categories: Employment, Sanctions, Contract
J. Weksler grants the former employee's motion for sanctions. The employee brings claims against AutoZone for sexual discrimination arising from his manager's sexual advances, including taunting the employee with a dildo and masturbating out of range of the store's surveillance cameras. The employee seeks sanctions against AutoZone due to surveillance video showing certain events having been overwritten. Sanctions are appropriate for spoilation, and the court will preclude AutoZone from arguing the video did not corroborate allegations but will allow it to argue it did not show any masturbation.
Court: USDC Nevada, Judge: Weksler , Filed On: March 11, 2024, Case #: 2:22cv316, NOS: Other Civil Rights - Civil Rights, Categories: Sanctions, Emotional Distress, Employment Discrimination
J. Reiss dismisses claims contending police beat a 78-year-old man for stealing a police vehicle, which caused his death three weeks later, because state law claims were not timely served, and the action failed to indicate survivors suffered damage due to the man's death.
Court: USDC Western District of New York, Judge: Reiss, Filed On: March 11, 2024, Case #: 1:22cv186, NOS: Other Personal Injury - Torts - Personal Injury, Categories: Civil Procedure, Civil Rights
J. Dooley grants the employer's motion to dismiss, ruling the fired nurse's First Amendment retaliation claim fails as a matter of law because her speaking out to request extended stay in the medical facility for a homeless individual clearly fell within the scope of her job responsibilities and, therefore, was not protected speech.
Court: USDC Connecticut, Judge: Dooley, Filed On: March 11, 2024, Case #: 3:23cv127, NOS: Other Civil Rights - Civil Rights, Categories: Employment Retaliation, First Amendment
J. Sullivan finds that the board of immigration appeals properly held that plaintiff, a Hong Kong native, was deportable for theft and forgery as crimes of moral turpitude. In the action, the agency defined "conviction" as indicating that the predicate proceedings included constitutional protections for the accused, such as speedy trial and confrontation rights, and determined those circumstances had been present. Meanwhile, the statutory phrase "crime involving moral turpitude" is not unconstitutionally vague. Affirmed.
Court: 2nd Circuit, Judge: Sullivan, Filed On: March 11, 2024, Case #: 22-6185, Categories: Constitution, Immigration
J. Klatt finds the lower court erroneously determined defendant was competent to waive counsel. Although his relationship with his appointed attorney had broken down such that he refused to meet with her prior to her filing of a motion for postconviction relief, the court was still required to hold a hearing or colloquy with defendant to determine whether he understood the consequences of his decision to waive counsel. Reversed.
Court: Ohio Court Of Appeals, Judge: Klatt, Filed On: March 11, 2024, Case #: 2024-Ohio-904, Categories: Competence, Self Representation
J. Copeland finds for the commissioner of internal revenue in this tax liability dispute because defendant was an experienced tax preparer liable for accuracy related penalties on her own return.
Court: U.S. Tax Court, Judge: Copeland, Filed On: March 11, 2024, Case #: 2024-2, Categories: Tax
J. Friske dismisses the apparel manufacturing and wholesale distribution business's complaint that Nordstrom canceled purchase orders with the business because Nordstrom believed that it violated the forced labor provisions of their agreement in regards to a factory in Southeast Asia. A plain reading of the contract shows that Nordstrom had the power to refuse delivery if it had a reason to believe that the business utilized any involuntary labor, engaged with a sanctioned person or territory, or produced and processed merchandise that violated the contract standards.
Court: USDC Western District of Washington, Judge: Friske, Filed On: March 11, 2024, Case #: 2:23cv1754, NOS: Other Contract - Contract, Categories: Sanctions, Contract, Labor
J. McGee finds the lower court properly denied a petition for judicial review. A journalist requested to view surveillance video of an incident that allegedly occurred inside a jail, which was denied by the sheriff’s office as well as the District Attorney General’s Office. The lower court found that the requested surveillance video involved the security of a government building and was not subject to disclosure to the public pursuant to a statutory exemption specifically pertaining to surveillance video. The instant court finds no error in the lower court findings. Affirmed.
Court: Tennessee Court of Appeals, Judge: McGee, Filed On: March 11, 2024, Case #: W2023-00293-COA-R3-CV, Categories: Government, Public Record