139 results for 'filedAt:"2024-01-25"'.
J. Stanfill finds that the lower court improperly determined the father's child support obligation in this case concerning parental rights and responsibilities. The father argues that the lower court erred by including "his employer's cost of providing health insurance to him in his gross income." The court agrees, noting that an in-kind payment can be included "only to the extent that the payment actually reduces a parent's personal living expenses." Vacated.
Court: Maine Supreme Court, Judge: Stanfill, Filed On: January 25, 2024, Case #: 2024ME9, Categories: Civil Procedure, Family Law
J. Nelson grants the environmental management company's motion for a preliminary injunction for its complaint that its former employees misappropriated the company's trade secrets and solicited its employees and customers. The company will likely suffer irreparable harm without a preliminary injunction because the two former employees had access to the company's confidential information and trade secrets, including the company's customer database for multifamily customers, and they could misuse it.
Court: USDC Oregon, Judge: Nelson, Filed On: January 25, 2024, Case #: 3:23cv1004, NOS: Other Contract - Contract, Categories: Trade Secrets, Contract, Injunction
J. Hotten finds the lower court improperly found that evidence is insufficient to support suspension of a driver’s license. A state trooper stopped the driver after observing him cross the white line on a roadway. The driver failed several field sobriety tests but passed a breath test, and was arrested for driving under the influence of alcohol, driving while impaired by alcohol, driving while impaired by drugs, negligent driving, reckless driving, and failing to obey properly placed traffic control device instructions. An Administrative Law Judge (ALJ) found there was sufficient evidence to support the decision to stop the driver and because the driver refused testing after his arrest, his license was properly suspended. The driver appealed to a circuit court, and despite never viewing the dashcam footage of the incident, found there was not sufficient evidence to support the ALJ’s findings. The instant court disagrees with the circuit court’s decision and finds the ALJ made the correct determination.
Court: Supreme Court of Maryland, Judge: Hotten, Filed On: January 25, 2024, Case #: 6a23, Categories: Evidence, Dui
J. Miller orders the trial court to grant the Black defendant's request for an evidentiary hearing where the state must show race-neutral reasons for seeking the death penalty. He satisfied the two-prong test under the Racial Justice for All Act for a prima facie racial discrimination claim. For one prong, statistical evidence was sufficient to show that Riverside County has a historical pattern of racial inequality in seeking the death penalty. For the other prong, he provided evidence that nonminority defendants with prior records who were charged with multiple murders did not face the death penalty. So, the state must show why those similarly situated nonminority defendants did not face death. Vacated.
Court: California Courts Of Appeal, Judge: Miller, Filed On: January 25, 2024, Case #: E080924, Categories: Death Penalty, Murder, Equal Protection
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J. Xinis grants, in part, three police officers’ motion to dismiss in this civil rights action brought by a citizen alleging excessive use of force, Violent Crime Control and Law Enforcement Act, ADA and Rehabilitation Act. The officers responded to a wellness check for a mentally ill person and were not provoked by the citizen before they used force to take her down to the ground. The excessive force claim remains and all other claims are dismissed. The citizens motion to appoint counsel is granted.
Court: USDC Maryland, Judge: Xinis, Filed On: January 25, 2024, Case #: 8:23cv459, NOS: Other Civil Rights - Civil Rights, Categories: Ada / Rehabilitation Act, Police Misconduct
J. Mullen finds that the lower court properly granted the state's motion to deny defendant pre-trial release based on his arrest for domestic violence. The allegations claim that defendant entered his girlfriend's house and strangled her in front of the children before locking her out and refusing to open the door for the police. The court reasonably decided that keeping defendant in jail was the only way of keeping the victim and her children safe. Affirmed.
Court: Illinois Appellate Court, Judge: Mullen, Filed On: January 25, 2024, Case #: 230463, Categories: Bail, Domestic Violence
J. Stanfill finds that the lower court properly granted summary judgment in favor of the university system in this suit alleging that it failed to timely pay an employee's wages and should be subject to penalties. The employee, who taught certain law classes, is exempt from the statutory requirements at issue, as he is "compensated on a fee basis." Affirmed.
Court: Maine Supreme Court, Judge: Stanfill, Filed On: January 25, 2024, Case #: 2024ME8, Categories: Education, Employment
J. Simon denies the county summary judgment against the inmate's claim that the county and others displayed deliberate indifference to his Fourteenth Amendment rights by denying him the high-top shoes he needs for his disability. There is a genuine dispute of material fact on whether the nurse was deliberately indifferent to the inmate's medical needs, because the evidence shows that the inmate's paraplegia required the shoes but he was denied anyway.
Court: USDC Oregon, Judge: Simon, Filed On: January 25, 2024, Case #: 3:20cv338, NOS: Amer w/Disabilities - Other - Civil Rights, Categories: Ada / Rehabilitation Act, Prisoners' Rights
J. Quinn finds that the lower court properly denied the Texas Secretary of State's plea to the jurisdiction in this election contest regarding certain "ballot language used to identify and describe a proposed constitutional amendment allowing counties to fund various projects." Contrary to her contention, the separation of powers doctrine does not bar the lower court "from adjudicating the controversy." Affirmed.
Court: Texas Courts of Appeals, Judge: Quinn, Filed On: January 25, 2024, Case #: 07-23-00031-CV, Categories: Civil Procedure, Elections
J. Hart finds the lower court improperly convicted the defendant for witness tampering. The government waited 60 days, 30 days too long, past his arrest for drug and sex trafficking to charge him with witness tampering for assaulting a prostitute he told not to testify against him in court. Vacated.
Court: 4th Circuit, Judge: Richardson, Filed On: January 25, 2024, Case #: 20-4534, Categories: Drug Offender, Speedy Trial, Witnesses
J. Ashe denies summary judgment to a surplus line insurance company on its request to dismiss a property owner’s breach of contract and hurricane damage claims on grounds there is no evidence there was a storm-created opening in the roof that caused damage to leak into the building’s exterior. Although one of the policy holder’s insurance adjusters cannot offer opinion testimony, the sum of other expert testimony creates a disputed issue of material fact as to the cause of the water intrusion and whether it is covered by the policy.
Court: USDC Eastern District of Louisiana , Judge: Ashe, Filed On: January 25, 2024, Case #: 23-3292, NOS: Insurance - Contract, Categories: Evidence, Damages, Experts
J. Horton finds that the lower court properly denied defendant's petition for post-conviction review, in which he alleged ineffective assistance of counsel after pleading guilty to certain drug trafficking charges under a plea agreement and receiving "concurrent sentences of twelve years straight." He contends that his counsel failed to adequately advise him of the "risk associated with the twelve-year cap option." However, counsel properly evaluated the risks, and his advice was not unreasonable. Affirmed.
Court: Maine Supreme Court, Judge: Horton, Filed On: January 25, 2024, Case #: 2024ME7, Categories: Drug Offender, Ineffective Assistance, Sentencing
J. Somers grants the U.S. dismissal of a bid protest related to a contract to provide support services for the National Charter School Resource Center because the agency agreed to stay the case and take corrective action regarding the solicitation and evaluation process.
Court: Court of Federal Claims, Judge: Somers, Filed On: January 25, 2024, Case #: 23-1661, Categories: Civil Procedure, Contract