280 results for 'filedAt:"2023-09-28"'.
J. Reynolds finds that the lower court properly revoked probation and imposed a prison term based on defendant’s violation of probation for new charges of transportation and possession of child pornography. Defendant stated during his interview “he had kind of gotten back into” child porn, which was an admission against his interest and supported a preponderance of evidence. Affirmed.
Court: New York Appellate Divisions, Judge: Reynolds, Filed On: September 28, 2023, Case #: 111704, Categories: Probation, Child Pornography
J. Dimke denies default judgment to the Belgian ice cream producer for its complaint alleging that the manufacturing company used a wrongfully obtained patent on ice-molds and related products, which caused non-party Amazon to remove the Belgian ice cream producer's "Combo Mold" product from its listings because of reports that the Belgian ice cream producer infringed on its own product. Although the Belgian ice cream producer had difficulties in serving process to the manufacturing company, it should have served all four email addresses contained in the court's previous authorization.
Court: USDC Eastern District of Washington, Judge: Dimke, Filed On: September 28, 2023, Case #: 2:22cv29, NOS: Patent - Property Rights, Categories: Civil Procedure, Patent
J. Ledet finds that defendant's motion for expungement of attempted first-degree murder, aggravated battery, and second-degree kidnapping charges should not have been denied. In this case, defendant was charged in 2004, and the District Attorney’s Office refused all of these charges. Therefore, the offenses cannot be prosecuted due to the statute of limitations. Under statute, the district court waived all expungement fees when it granted defendant in forma pauperis status, and defendant has satisfied the statutory requirements entitling him to an expungement. Reversed.
Court: Louisiana Court Of Appeal, Judge: Ledet, Filed On: September 28, 2023, Case #: 2023-K-0578, Categories: Criminal Procedure, Murder
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J. Matsumoto grants a writ for pre-judgment attachment and orders a physician to pay Geico $576,040 as well as disclose any and all personal assets she possesses for her alleged role in a medical insurance fraud scheme involving claims for medical services provided to no-fault car accident victims. The court overrules the physician’s objections arguing there was not enough evidence to conclude she had forged a non-party physician’s signature on claim documents to collect on the payments.
Court: USDC Eastern District of New York, Judge: Matsumoto, Filed On: September 28, 2023, Case #: 1:22cv6187, NOS: Truth in Lending - Torts - Personal Property, Categories: Fraud, Insurance
J. Matsumoto adopts a magistrate judge’s report and dismisses a seven-count labor law, employment discrimination and whistleblower retaliation suit brought by senior management of the Girl Scouts of America’s Suffolk County branch, claiming the organization’s board of directors and executive board targeted them for retaliation after they opposed what they suspected were acts of fraud, accounting irregularities, ethical issues and other violations. In regards to their claims under the National Labor Relations Act, the court finds it lacks jurisdiction. However, the court grants them one final opportunity to amend their employment discrimination claims alleging the company’s actions were racially motivated.
Court: USDC Eastern District of New York, Judge: Matsumoto, Filed On: September 28, 2023, Case #: 2:21cv7153, NOS: Employment - Civil Rights, Categories: Employment Discrimination, Whistleblowers, Labor
J. Moore finds the lower court erroneously applied the discretionary function exemption to the Federal Tort Claims Act suit brought by the prisoner who claims she was repeatedly raped by a federal prison employee. Reporting of such incidents is mandatory and, therefore, not subject to the exemption. However, because the inmate failed to provide evidence sufficient to prove other prison officials knew of the conduct and failed to act, the complaint must be dismissed for a failure to state a claim. Affirmed.
Court: 6th Circuit, Judge: Moore, Filed On: September 28, 2023, Case #: 22-6105, Categories: Evidence, Tort, Prisoners' Rights
J. Ruiz denies the insurance administrators' motion to dismiss, ruling the employer insurance plan provider's interpretation of the parties' shared services contract, including that the administrators were required to provide reduced rates for claims, is plausible based on the language in the contract.
Court: USDC Northern District of Ohio, Judge: Ruiz, Filed On: September 28, 2023, Case #: 1:22cv1313, NOS: Other Contract - Contract, Categories: Fraud, Contract
J. Treadwell partially grants the state troopers' motion for judgment on the pleadings in a civil rights, battery and emotional distress action brought by an individual alleging that they used excessive force by performing a PIT maneuver to stop a vehicle in which he was a passenger. The car hit a guardrail and flipped. The troopers later sat the individual on the ground, where he was hit with broken glass and debris when another vehicle struck one of the troopers' patrol cars. The troopers are entitled to qualified immunity because the decision to end the high-speed chase with the PIT maneuver was objectively reasonable. There is no clearly established law that would have informed the troopers that their conduct violated the Constitution.
Court: USDC Middle District of Georgia, Judge: Treadwell, Filed On: September 28, 2023, Case #: 5:23cv117, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Immunity, Police Misconduct
J. Summerhayes denies a request by a prosecutor to dismiss claims of misconduct by a former criminal defendant who alleges he spent 44 years in prison for two rapes he did not commit. The former defendant contends the prosecutor fabricated a police report to defeat his alibi evidence. The creation and use of fake evidence constitutes investigative conduct for which an individual prosecutor would not be absolutely immune. The former defendant was freed after a state judge held that due process violations deprived him of a fair trial.
Court: USDC Western District of Louisiana , Judge: Summerhays, Filed On: September 28, 2023, Case #: 1:22cv1971, NOS: Other Civil Rights - Civil Rights, Categories: Malicious Prosecution, Immunity, Due Process
J. Jackson denies summary judgment to an eastern Louisiana police department and a parish sheriff’s office on state-law claims filed on behalf of the minor child of a car passenger shot to death by two lawmen, during a traffic stop for a failed license plate light. The same video evidence that creates a genuine dispute regarding the constitutional excessive force claim against the police officer and the sheriff’s deputy also establishes a genuine dispute as to these claims to state-law claims excessive force, assault and battery.
Court: USDC Middle District of Louisiana, Judge: Jackson, Filed On: September 28, 2023, Case #: 3:20cv221, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Constitution, Police Misconduct
J. Graham grants the employer's motion for summary judgment, ruling the insensitive and offensive jokes told on multiple occasions by the employee, including one that involved several babies and a reference to rape, gave it a legitimate reason to fire him and disproves his claim he was retaliated against for filing an EEOC claim.
Court: USDC Southern District of Ohio, Judge: Graham, Filed On: September 28, 2023, Case #: 2:20cv1977, NOS: Employment - Civil Rights, Categories: Evidence, Employment Retaliation
Per curiam, the appellate division finds that attorney Moriam Olaoluwatoyos Fatoki of Texas may be reinstated following her January 2014 suspension for failing to meet registration requirements because Olaoluwatoyos Fatoki complied with the order of suspension and demonstrated the requisite character to practice law.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: September 28, 2023, Case #: PM-220-23, Categories: Attorney Discipline
Per curiam, the North Dakota Supreme Court finds that the juvenile court properly terminated parental rights concerning two minor children. Sufficient evidence exists to support that the children were in need of protection and conclude they had been in the human service zone’s care, custody, and control for at least 450 out of the previous 660 nights. Affirmed.
Court: North Dakota Supreme Court, Judge: Per curiam, Filed On: September 28, 2023, Case #: 2023ND182, Categories: Family Law
J. Pearce finds that the trial court properly held that the Labor Commission has exclusive jurisdiction over this workers' compensation reimbursement dispute. While trial courts have jurisdiction over some reimbursement claims, this dispute involves questions that only the Commission can resolve, such as the extent to which workplace injuries caused claimant's medical conditions. Affirmed.
Court: Utah Supreme Court, Judge: Pearce, Filed On: September 28, 2023, Case #: 20220471, Categories: Debt Collection, Jurisdiction, Workers' Compensation
Per curiam, the appellate division finds that an inmate’s appeal from a finding that he violated prison disciplinary rules must be dismissed as moot and be restored to the status he enjoyed before the disciplinary determination. The decision was reversed administratively and expunged from the inmate’s records.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: September 28, 2023, Case #: 535815, Categories: Due Process
J. Boyle finds the trial court properly denied defendant's motion to sever on account of a statement made by his codefendant that implicated him in the shooting death of the victim. Defendant's own statements corroborated that of the codefendant, while DNA evidence and other testimony also linked him to the crime. Affirmed.
Court: Ohio Court Of Appeals, Judge: Boyle, Filed On: September 28, 2023, Case #: 2023-Ohio-3468, Categories: Evidence, Murder, Assault
Per curiam, the Kentucky Supreme Court permanently disbars attorney Michael Todd Hogan based on his guilty plea to conspiracy to commit wire fraud and federal program fraud after he issued checks to his wife from a delinquent tax account for the county attorney's office and defrauded the county child support enforcement office by billing the program for more hours than he actually worked.
Court: Kentucky Supreme Court, Judge: Per curiam, Filed On: September 28, 2023, Case #: 2023-SC-0202-KB , Categories: Attorney Discipline
J. Gilman finds that district court properly dismissed a securities case against a pest control company. While several statements made by the company about its liability for a termite outbreak in several states may have misled investors to a certain extent, the class of investors failed to prove the level of scienter required for its securities claims, especially considering the company released statements about financial issues after arbitration awards against it. Affirmed.
Court: 6th Circuit, Judge: Gilman, Filed On: September 28, 2023, Case #: 22-5981, Categories: Fraud, Securities, Class Action