200 results for 'filedAt:"2023-11-21"'.
J. Beistline denies the government's motion for summary judgment on an individual's trespass and nuisance claims. The individual alleges that the government placed hazardous substances on her Alaska Native Allotment without her permission or knowledge. The government argues that the individual tracked PCBs onto her own property from a hot spot on Air Force property. The individual alleges that the government created the hazardous hot spot adjacent to her property and failed to abate the contaminants in an unmarked, unfenced area. A question of fact remains as to whether the hazardous materials "were tracked from the point of the spill onto Plaintiff’s property by the 'usual course of events'.” There also remains a genuine issue of material fact regarding "whether or not there was appropriate signage warning of the hazard."
Court: USDC Alaska, Judge: Beistline, Filed On: November 21, 2023, Case #: 3:15cv221, NOS: Torts to Land - Real Property, Categories: Environment, Tort
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. Olson finds that the lower court improperly denied defendant’s petition filed under the Post Conviction Relief Act challenging his attorney’s effectiveness at his trial for beating the head of another man, who had slept with and given heroin to his pregnant girlfriend, with a baseball bat inflicting fatal injuries. Defendant failed to demonstrate that his trial counsel’s actions were unreasonable. Affirmed.
Court: Pennsylvania Superior Court, Judge: Olson, Filed On: November 21, 2023, Case #: J-S31011-23, Categories: Ineffective Assistance, Murder, Assault
Per curiam, the circuit grants Volkswagen's request for a writ of mandamus after the district court improperly denied its motion to dismiss an antitrust suit. Contrary to the district court's finding, the doctrine of forum non conveniens is applicable to antitrust actions. Vacated.
Court: 5th Circuit, Judge: Per curiam, Filed On: November 21, 2023, Case #: 23-40487, Categories: Antitrust, Jurisdiction
J. Hoyle finds the trial court improperly denied defendant's motion to rescind its order to withdraw funds from his inmate account for payment of restitution, fees and costs. Defendant was convicted for aggravated assault with a deadly weapon, with the court making an indigency finding, and there is no evidence his financial circumstances have changed since that finding. Reversed.
Court: Texas Courts of Appeals, Judge: Hoyle , Filed On: November 21, 2023, Case #: 12-23-00054-CV, Categories: Restitution, Attorney Fees, Civil Rights
J. Worthen denies the medical center's petition for a writ of mandamus challenging the trial court's order striking its designation of responsible third parties. The real party-in-interest says she was injured while working for the medical center, a workers' compensation nonsubscriber. The court granted her motion to strike from her argument that the civil practice code, which includes the responsible third-party statute, does not apply to actions seeking to collect under workers’ compensation. Negligence cases against nonsubscribers are actions under the Worker's Compensation Act and designation of a responsible third party is barred.
Court: Texas Courts of Appeals, Judge: Worthen , Filed On: November 21, 2023, Case #: 12-23-00263-CV , Categories: Negligence, Due Process, Workers' Compensation
J. Nelson finds that the district court properly granted qualified immunity to two police officers in an action alleging excessive deadly force when they shot and killed Robert Anderson during a response to a 911 call seeking help with a domestic violence incident. When officers entered the house, Anderson shouted “Fuck you, punks,” ignored a command to get to the ground, and ran down a short hallway towards the officers, at which point the officers shot him five times. Affirmed.
Court: 9th Circuit, Judge: Nelson, Filed On: November 21, 2023, Case #: 22-15382, Categories: Civil Rights, Immunity, Police Misconduct
J. Haines finds that a technician driver may continue wrongful termination and retaliation claims contending employer National HME failed to make a good faith effort to accommodate his request for light-duty, right-handed work after he sustained a series of work-related injuries to his lower back and left shoulder. Evidence indicates the employer responded that "no accommodating work was available," and the driver identified a causal connection between his request and his termination the following day.
Court: USDC Western District of Pennsylvania, Judge: Haines, Filed On: November 21, 2023, Case #: 3:23cv40, NOS: Amer w/Disabilities-Employment - Civil Rights, Categories: Employment Discrimination, Employment Retaliation, Workers' Compensation
J. Cogburn grants a casino’s motion to dismiss allegations brought by a former table games dealer who claims the casino discriminated against him based on his veteran status. The Tribal Casino Gaming Enterprise, which is owned by the Eastern Band of Cherokee Indians, contracts with the casino, but the dealer did not join the enterprise to this suit. However, because the enterprise has sovereign status under the band, it cannot be joined.
Court: USDC Western District of North Carolina, Judge: Cogburn, Filed On: November 21, 2023, Case #: 1:23cv36, NOS: Family and Medical Leave Act - Labor, Categories: Employment, Family Law, Employment Discrimination
J. Hurd rejects a legal challenge to New York State’s firearm licensing requirements brought by two state residents who were denied firearm licenses by a county court judge on the basis of past criminal histories, which they argue is a violation of their constitutional rights. The judge, who acted as a statutory licensing officer in this case, is protected by judicial immunity, their claim for declaratory relief is denied on the basis that they fail to establish the interests of the judge are sufficiently adverse to their own, and their claim seeking an injunction enjoining state officials from enforcing the regulations are barred under federal civil rights law.
Court: USDC Northern District of New York, Judge: Hurd, Filed On: November 21, 2023, Case #: 1:15cv658, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Constitution, Firearms
J. Wilson finds that defendant was improperly convicted of possessing a weapon without a valid license because counsel requested a jury instruction on temporary possession even though defendant admitted he kept the gun a year after his license expired. Instead, counsel should have raised the defense of voluntary surrender since defendant intended to turn the weapon in for cash under a police buy-back program. Reversed.
Court: New York Court Of Appeals, Judge: Wilson, Filed On: November 21, 2023, Case #: 27, Categories: Ineffective Assistance, Weapons, Jury Instructions
J. Tabor finds that defendant was properly convicted of second-degree robbery for breaking into a Dairy Queen, attempting to open its safe, and threatening its employee, based on video evidence and victim testimony. Affirmed.
Court: Iowa Court Of Appeals, Judge: Tabor, Filed On: November 21, 2023, Case #: 22-0152, Categories: Evidence, Robbery
J. Cogburn partially grants summary judgment to a sustainable infrastructure firm following allegations of trade law violations, fraud and breach of contract brought by a shareholder. The firm acquired the shareholder’s Hazmat company and bought 90% of his stock in said company. The company fired the shareholder, then he and the company filed competing suits. This resulted in a settlement agreement in which the shareholder released the firm from any future claims regarding agreements except for continuing violations of two promissory notes the firm made for an as-yet unpaid portion of the stocks purchase. The shareholder fails to show evidence of violations of trade law and fraud, but his claim of breach of contract as related to the promissory notes survives.
Court: USDC Western District of North Carolina, Judge: Cogburn, Filed On: November 21, 2023, Case #: 1:21cv245, NOS: Negotiable Instrument - Contract, Categories: Fraud, Trade, Contract
J. Soto finds a lower court ruled correctly in convicting defendant on domestic assault charges. Defendant argued there was insufficient evidence to convict him, not least because the victim did not recall the events that led to her hospitalization, but in fact court testimony did consider and rule out other alternatives, including the possibility that the victim fell. Affirmed.
Court: Texas Courts of Appeals, Judge: Soto, Filed On: November 21, 2023, Case #: 08-23-00048-CR, Categories: Evidence, Assault, Domestic Violence