188 results for 'filedAt:"2023-07-06"'.
J. Oliver finds that counsel's failure to investigate a witness prejudiced defendant and requires the reversal of his kidnapping, robbery and firearms convictions. Counsel's strategy would have been much improved with details from defendant's housemate about the circumstances surrounding the alleged kidnapping, particularly statements the housemate made later about the alleged victim not being distressed or restrained in any way. Reversed.
Court: Utah Court Of Appeals, Judge: Oliver, Filed On: July 6, 2023, Case #: 20210167-CA, Categories: Ineffective Assistance, Kidnapping, Witnesses
J. Gorton denies a mortgagee’s motion to dismiss a homeowner’s allegations of wrongful foreclosure and attempt to prevent foreclosure. The mortgagee’s motion is based on there being actions currently pending, to avoid inconsistencies, but because the pending actions are with the same court, potential inconsistencies between two courts is not a risk.
Court: USDC Massachusetts, Judge: Gorton, Filed On: July 6, 2023, Case #: 1:22cv10547, NOS: Foreclosure - Real Property, Categories: Real Estate, Due Process, Foreclosure
J. Chuang denies a group of gun advocacy organizations and individuals’ motion for a temporary restraining order and preliminary injunction against Montgomery County in a suit challenging recent amendments to county restrictions on gun possession and use. The group’s motion requests that the county be stopped from enforcing the ban of private citizens’ possession and use of guns in certain places such as schools, churches and hospitals, citing constitutional violations. However, the constitutionality of the ban has not been determined, and currently, security guards at all relevant locations are still allowed to use firearms, addressing the group’s expressed fears about protecting their safety when in these locations.
Court: USDC Maryland, Judge: Chuang, Filed On: July 6, 2023, Case #: 8:21cv1736, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Constitution, Firearms
J. Thrash grants the company's amended motion to compel arbitration in a putative class action seeking damages for the company's alleged failure to safeguard user accounts and timely respond to user support requests on its cryptocurrency exchange platform. There is no evidence that the individuals did not accept the original terms of their user agreements when they created their accounts, which included arbitration provisions. The arbitration provisions and delegation clauses in the user agreements are not unconscionable.
Court: USDC Northern District of Georgia, Judge: Thrash, Filed On: July 6, 2023, Case #: 1:22cv3250, NOS: Other Personal Property Damage - Torts - Personal Property, Categories: Arbitration, Class Action
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J. Tow finds that the district court properly denied attorney fees to a father who prevailed on a mother's motion to modify a parenting plan. An attorney fee award is available if a de novo hearing upholds a parenting plan created by the court-appointed decisionmaker. The magistrate court relied on the briefs to affirm the plan but a proceeding is not considered de novo unless it includes an evidentiary hearing. Affirmed.
Court: Colorado Court Of Appeals, Judge: Tow, Filed On: July 6, 2023, Case #: 22CA0441, Categories: Family Law, Attorney Fees
J. Mays finds defendant's adjudications of delinquency on assault and tampering charges were supported by sufficient evidence, including testimony that she threatened to kill the victim the day before the shooting and removed a live bullet from her home while fully aware a police investigation was likely to result from the shooting. Meanwhile, the trial court's failure to swear in a witness prior to her testimony did not violate defendant's confrontation rights, as defense counsel was still able to cross-examine the witness and there is no indication any of the testimony was false. Affirmed.
Court: Ohio Court Of Appeals, Judge: Mays, Filed On: July 6, 2023, Case #: 2023-Ohio-2293, Categories: Confrontation, Juvenile Law, Assault
J. Kautz finds that the lower court properly denied defendant's request to withdraw his guilty plea to manslaughter and burglary charges. He tried to withdraw his plea due to speedy trial concerns, but did not provide any meaningful information to support his concerns or why the plea should be taken back. And evidence on the record shows his right to a speedy trial was handled correctly and that no violations took place. Affirmed.
Court: Wyoming Supreme Court, Judge: Kautz, Filed On: July 6, 2023, Case #: S-22-0199, Categories: Plea, Speedy Trial, Manslaughter
J. Tookey finds the juvenile court properly found a juvenile guilty for acts that, if committed by an adult, would constitute first-degree rape and second-degree sexual abuse. “A rational trier of fact could have found the essential elements of first-degree rape beyond a reasonable doubt.” Affirmed.
Court: Oregon Court of Appeals, Judge: Tookey, Filed On: July 6, 2023, Case #: A176952, Categories: Juvenile Law, Sex Offender
J. Rovner finds that the lower court properly found for the barge company in a lawsuit brought by an skid steer operator injured when his machine caught on a part of the barge's metal floor that had peeled up. There is no evidence the company was aware of the defect in the barge prior to the accident, and the operator cannot show that the company's routine inspection schedule was inadequate. Affirmed.
Court: 7th Circuit, Judge: Rovner, Filed On: July 6, 2023, Case #: 22-1303, Categories: Tort, Negligence
J. Ceresia finds that the lower court properly terminated a mother's parental rights on grounds that she abandoned her three children because proof of contact with the children during the statutory six-month period constituted "the sort of sporadic, infrequent and insubstantial contacts" that precedent holds to be insufficient to overcome a finding of abandonment. Affirmed.
Court: New York Appellate Divisions, Judge: Ceresia, Filed On: July 6, 2023, Case #: 535204, Categories: Family Law
J. Rothstein grants partial summary judgment to the insurance company for its claim that it did not breach its duty to defend the insured in an underlying car collision lawsuit that claimed that the insured was at-fault. There is no corroborating evidence that the insurance company knew of the lawsuit's existence until Feb. 18, 2021, so the insurance company has no duty to defend the insured prior to that date.
Court: USDC Western District of Washington, Judge: Rothstein, Filed On: July 6, 2023, Case #: 2:21cv1501, NOS: Insurance - Contract, Categories: Evidence, Insurance, Contract
J. Nowell finds that the lower court improperly granted summary judgment to the bank on the appellant company's claims for conversion and breach of contract relating to certain checks in this suit involving a checking account with the bank and a number of allegedly stolen checks. The bank failed to show that "the same wrongdoer signed or altered all eighteen checks." Reversed in part.
Court: Texas Courts of Appeals, Judge: Nowell, Filed On: July 6, 2023, Case #: 05-22-00206-CV, Categories: Conversion, Banking / Lending, Contract
J. Aarons finds that the lower court improperly dismissed claims brought by a union after an off-duty trooper who had been injured in a traffic accident had been questioned by members of a new unit within the state attorney general's office that investigates police-involved deaths. The case must be remitted to make a determination on the merits because the state changed its position on whether the union had standing. Reversed.
Court: New York Appellate Divisions, Judge: Aarons, Filed On: July 6, 2023, Case #: 535281, Categories: Civil Procedure, Labor / Unions
J. Blake finds that a land court judge correctly determined a zoning board of appeals was wrong to deny a special permit to an applicant looking to build a pier over a saltmarsh. The area at the end of the pier, where the pier would touch the water, is a tidal flat just past the saltmarsh, not a tidal creek that is part of the saltmarsh. Affirmed.
Court: Massachusetts Court Of Appeals, Judge: Blake, Filed On: July 6, 2023, Case #: 22-P-803, Categories: Environment, Zoning, Water
Per curiam, the appellate division finds that the trial court properly calculated a father's imputed income in a post-divorce judgment. Based on the father's employment history and earning capacity, the calculation should be modified. Reversed in part.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: July 6, 2023, Case #: CA 21-01647, Categories: Family Law
J. Egan finds the trial court properly convicted defendant of second-degree sexual abuse. “Defense counsel is not entitled to invite the jury to draw an inference that defense counsel knows to be false.” Affirmed.
Court: Oregon Court of Appeals, Judge: Egan, Filed On: July 6, 2023, Case #: A177214, Categories: Jury, Sex Offender
J. Chang enters judgment against a former employee of the Cook County Clerk’s Office, on her claims that she was fired from her position with the office due to her personal connections to an ex-County Recorder of Deeds. The employee claimed her layoff was a violation of the Shakman Decrees, a series of court orders from the 1970s and 80s meant to dismantle Chicago’s legacy of political patronage in public office. The employee claimed County Clerk Karen Yarbrough has built up her own patronage network in the clerk’s office, and that she was fired for being allied with one of Yarbrough’s political rivals. The court, however, found she had not presented a sufficient argument to substantiate this claim against the clerk’s office.
Court: USDC Northern District of Illinois, Judge: Chang, Filed On: July 6, 2023, Case #: 1:18cv7497, NOS: Other Civil Rights - Civil Rights, Categories: Employment, Employment Discrimination, Labor
J. Kindred grants a company's motion for entry of default judgment against a vessel in a contract dispute where the company alleges it performed extensive renovations on the vessel but did not receive payment. The company has a valid lien against the vessel and no one has appeared to defend the vessel or claimed ownership of the vessel, therefore the necessaries lien against the vessel is foreclosed and the company shall recover the $2,258,582 it is owed from the vessel together with her engines and machinery.
Court: USDC Alaska, Judge: Kindred, Filed On: July 6, 2023, Case #: 3:22cv250, NOS: Marine - Contract, Categories: Maritime, Contract
J. Stras finds a lower court properly dismissed three destructive device counts against a defendant who faces 13 federal charges of destroying police property by "fire or an explosive." The government argued that arson is a crime of violence. However, the defendant sufficiently showed in court that arson is not a crime of violence because it does not constitute physical force against a person. Affirmed.
Court: 8th Circuit, Judge: Stras, Filed On: July 6, 2023, Case #: 22-3168, Categories: Arson, Property Crimes
J. Thacker finds the lower court properly dismissed the professor's claim alleging he suffered adverse employment action in retaliation for unpopular protected speech. The professor allegedly insulted a colleague for suggesting adding a question on diversity into a student survey, insulted another colleague for taking shortcuts in hiring a Black employee, and criticize a scholarly convention many of his colleagues and students attended for becoming too "woke." However, he failed to allege a causal connection between the incidents and the alleged adverse employment action. Affirmed.
Court: 4th Circuit, Judge: Thacker, Filed On: July 6, 2023, Case #: 22-1712, Categories: Education, Employment Retaliation, First Amendment