157 results for 'filedAt:"2023-08-02"'.
J. Kobes finds a lower court properly dismissed a defendant's motion for acquittal after he murdered and robbed a drug dealer, and then tossed the corpse into a fire pit. The defendant, who was convicted for robbery affecting interstate commerce and brandishing a firearm during a crime of violence that resulted in murder, argued that the government failed to prove beyond a reasonable doubt that he robbed the now deceased drug dealer and made off with his stash of meth and cash. However, the government sufficiently presented evidence in court that the defendant is not entitled to a new trial based on admissible weight of evidence. Affirmed.
Court: 8th Circuit, Judge: Kobes, Filed On: August 2, 2023, Case #: 21-3360, Categories: Firearms, Murder, Robbery
J. Gross finds that the trial court ruled improperly in favor of the insurance company in this small claims dispute to recover for medical services provided. The medical care provider was not a named party to the previous lawsuit declaring the insurance company did not have to pay certain listed medical providers. Reversed.
Court: Florida Courts Of Appeal, Judge: Gross, Filed On: August 2, 2023, Case #: 4D22-1924, Categories: Insurance, Contract
J. Demarchi partially grants a class application for attorney fees and expert fees in this antitrust litigation related to telescopes. The class is granted $71,652 in attorney and expert fees, which is reduced $95,000 from the original amount requested, as it was unreasonable and inconsistent with a prior order.
Court: USDC Northern District of California, Judge: Demarchi, Filed On: August 2, 2023, Case #: 5:20cv3642, NOS: Antitrust - Other Suits, Categories: Sanctions, Experts, Attorney Fees
Want access to unlimited case records and advanced research tools? Create your free CasePortal account now. No credit card required to register.
Try CasePortal for Free
J. Gilson finds the trial court properly denied an adjudicatory hearing for an association which sought to overturn the agency's flood hazard area applicability determination for a farm. The request for an adjudicatory hearing was not a remedy because the association did not first exhaust all other avenues, and the association waited four years to request the hearing. Affirmed in part.
Court: New Jersey Appellate Division, Judge: Gilson , Filed On: August 2, 2023, Case #: A-2491-20, Categories: Environment
J. Stadtmueller grants the decorative cookies company the right to recover $265,000 from the large commercial packaging machine company as the exclusive remedy of the full purchase price of a defective machine. The cookies company's claim for damages is limited to the purchase price because while the history of repeated, failed tinkering does not suggest that replacing the machine with an identical replica would not also replicate the previous issues, the cookies company does not argue that it did not have any meaningful choice regarding the transaction.
Court: USDC Eastern District of Wisconsin, Judge: Stadtmueller, Filed On: August 2, 2023, Case #: 2:21cv1399, NOS: Other Contract - Contract, Categories: Remedies, Damages, Contract
J. Peterson grants the migrant worker leave to file a second amended complaint to add new defendants in his class action alleging that the construction company did not pay him overtime for construction work he performed on farms under an H-2A guestworker visa. Barring a mistake from the migrant worker to not include them, Signet Construction LLC, Signet Construction Inc. and Northridge Construction Inc. knew or should have known that they could be sued because they share corporate officers with the construction company.
Court: USDC Western District of Wisconsin, Judge: Peterson, Filed On: August 2, 2023, Case #: 3:21cv54, NOS: Fair Labor Standards Act - Labor, Categories: Immigration, Class Action, Labor
J. Barker grants the investment companies' motion to dismiss, ruling that while the cheerleading coaches' actions in the State of Ohio allow this court to exercise jurisdiction via the RICO statute, secondary liability cannot be used to establish a civil claim for damages, and there is no evidence the companies directly committed any of the acts alleged by the abused cheerleader. Meanwhile, the alleged loss of his career as a professional cheerleader is insufficient to establish a concrete injury, and so the suit will be dismissed in its entirety against the companies.
Court: USDC Northern District of Ohio, Judge: Barker, Filed On: August 2, 2023, Case #: 1:22cv2139, NOS: Other Statutory Actions - Other Suits, Categories: Negligence, Emotional Distress, Racketeering
J. Gummer finds the trial court improperly ruled in favor of the state's assistant commissioner of health, who alleges he was fired after he made ethics complaints against the state police superintendent and was falsely accused by the governor of failing to disclose side consulting work. The governor's failure to conduct an investigation between the firing and a press conference addressing it says nothing about the statements made during the press conference. Reversed.
Court: New Jersey Appellate Division, Judge: Gummer , Filed On: August 2, 2023, Case #: A-3695-21, Categories: Employment, Defamation
J. Rodriguez grants in part a security services company its motion to compel arbitration following race and national origin discrimination allegations brought by a former staff member who is an Ethiopian immigrant. The company has properly established an agreement with the staff member, and so the fact that both parties signed it subjects them to arbitration. However, the action will not be dismissed nor stayed until after arbitration.
Court: USDC Colorado, Judge: Rodriguez, Filed On: August 2, 2023, Case #: 1:22cv2409, NOS: Employment - Civil Rights, Categories: Arbitration, Civil Rights, Employment Discrimination
J. Vitter denies summary judgment to an oilfield company on its argument that the employer of a seaman who fell ill aboard its offshore diving support vessel is contractually required to indemnify and defend it against his claim that a shipboard medic misdiagnosed him with seasickness when a hospital determined that he actually suffered a stroke. The vessel owner points to no evidence the seaman’s employer failed to purchase appropriate insurance as required under their agreements.
Court: USDC Eastern District of Louisiana , Judge: Vitter, Filed On: August 2, 2023, Case #: 2:21cv1348, NOS: Marine - Contract, Categories: Insurance, Maritime, Indemnification
Per curiam, the Fifth Circuit finds the district court properly found in favor of the City of Yoakum police officers in this suit alleging false arrest and excessive force. The party claiming civil rights violations was arrested for public intoxication and resisting arrest after officers were called to a family gathering where cousins were involved in an unspecified altercation. The officers are entitled to qualified immunity on all parts of the analysis, particularly as no Fourth Amendment violation was proven, and no injury was shown in order to prove excessive force. Affirmed.
Court: 5th Circuit, Judge: Per curiam, Filed On: August 2, 2023, Case #: 22-40719, Categories: Civil Rights, Constitution, Police Misconduct
J. Crothers finds that the district court improperly denied an individual's request for costs and attorney fees relating to the Department of Transportation’s suspension of his driving privileges. The lower court abused its discretion in deciding the Department’s proceeding against the individual was substantially justified. Reversed.
Court: North Dakota Supreme Court, Judge: Crothers, Filed On: August 2, 2023, Case #: 2023ND149, Categories: Dui, Attorney Fees
J. Bahr finds that the district court improperly issued an order for revocation of probation entered concerning two specific criminal cases. The panel affirms the orders for revocation in one criminal. However, the court reverses and remands for resentencing in another. The cases in question are drug-related offenses. Affirmed in part.
Court: North Dakota Supreme Court, Judge: Bahr, Filed On: August 2, 2023, Case #: 2023ND144, Categories: Drug Offender, Probation, Sentencing
J. Rabner finds the appellate division improperly upheld defendant's conviction for robbing a bank. In-court identification of defendant by the bank teller months after the crime is inherently suggestive because defendant is the only one obvious to the witness and the prosecution believed him to be the culprit. Further, narration testimony included opinions on what was being viewed in the recording. Reversed.
Court: New Jersey Supreme Court, Judge: Rabner , Filed On: August 2, 2023, Case #: A-23-22, Categories: Robbery, Identification
J. McFarland grants the employee's motion to enforce the settlement, ruling that it is undisputed the employer violated the agreement when it failed to make any payment and it is therefore ordered to pay $24,000 or face sanctions. Additionally, the employee's request for attorney fees related to the motion to enforce is reasonable and will be granted in the amount of $3,300.
Court: USDC Southern District of Ohio, Judge: McFarland, Filed On: August 2, 2023, Case #: 1:20cv799, NOS: Fair Labor Standards Act - Labor, Categories: Settlements, Attorney Fees, Labor
J. McBride finds that the lower court properly found the mother neglected her daughters due to an injurious environment. The state was not required to prove all of the minors' allegations regarding physical abuse in the home for the court to conclude that they were neglected. Affirmed.
Court: Illinois Appellate Court, Judge: McBride, Filed On: August 2, 2023, Case #: 230006, Categories: Family Law
J. Self finds in favor of the employer in a civil rights, emotional distress and breach of contract action brought by the Christian ex-employee alleging religious-based discrimination. The employee was fired for insubordination after refusing to follow the employer's Covid-19 vaccination policy. The doctor who founded the employer is not an employee subject to the employer's control, therefore the employer does not meet the Title VII definition of "employer" because it did not have 15 or more employees per working day. The employer cannot be held liable under Title VII.
Court: USDC Middle District of Georgia, Judge: Self, Filed On: August 2, 2023, Case #: 3:22cv75, NOS: Employment - Civil Rights, Categories: Civil Rights, Covid-19, Employment Discrimination
J. Pierre-Louis finds the trial court improperly upheld the special agent's testimony and in-court identification of defendant as the perpetrator of a robbery. The special agent offered no outside evidence to support the argument that a one-mile radius applied to defendant's cell phone, which was noted to be at the location of the robbery, and the victim's in-court identification was tainted due to previous mention of defendant's name and pictures of a watch found on his cell phone. Reversed.
Court: New Jersey Supreme Court, Judge: Pierre-Louis , Filed On: August 2, 2023, Case #: A-14-22, Categories: Robbery
J. Agee finds the lower court improperly allowed the wife of a convict to remain living in a forfeited property. The wife of the man convicted of racketeering owns a one-third interest in the property. The property should have been sold, with the proceeds being split based on interest between the wife and the government. Vacated in part.
Court: 4th Circuit, Judge: Agee, Filed On: August 2, 2023, Case #: 22-1066, Categories: Property, Forfeiture, Racketeering
J. Myren finds that the circuit court properly entered judgment after defendant was convicted of ten counts of sexual contact with a child under age sixteen and one count of first-degree rape. Defendant was not prejudiced by testimony offered by a mental health practitioner who had served as the victim’s counselor. Affirmed.
Court: South Dakota Supreme Court, Judge: Myren, Filed On: August 2, 2023, Case #: 2023SD41, Categories: Sex Offender, Witnesses
J. Lee finds that the lower court properly found for the employer in a disability discrimination suit filed by a former bus driver alleging it failed to give her a reasonable accommodation for her carpal tunnel syndrome. On the record, no reasonable jury could find that she was disabled within the meaning of the ADA. Affirmed.
Court: 7th Circuit, Judge: Lee, Filed On: August 2, 2023, Case #: 22-1609, Categories: Ada / Rehabilitation Act, Employment Discrimination
Per curiam, the appellate division finds that lower court improperly granted the lender an injunction to prevent the restaurant from freezing or executing on its bank account until the lender received $250,000 owed to it under a forbearance agreement. The lender failed to establish that its security interest in the subject bank over another lender's judgment lien. Reversed.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: August 2, 2023, Case #: 04156, Categories: Enforcement Of Judgments, Banking / Lending
J. Sanchez holds that the trial court properly ordered temporary spousal support despite a premarital agreement with a support waiver. Even premarital agreements that appear to be facially valid are treated as invalid unless the trial court makes record findings that rebut the statutory presumption that the agreement was not executed voluntarily. The trial court reserved jurisdiction to retroactively modify the order and to order reimbursement if it finds the agreement is enforceable.
Court: California Courts Of Appeal, Judge: Sanchez, Filed On: August 2, 2023, Case #: G060943, Categories: Family Law, Jurisdiction