137 results for 'filedAt:"2024-02-02"'.
J. Wilkin finds the estate's failure to file an affidavit of prejudice with the Ohio Supreme Court to seek recusal of the trial court judge - the only avenue for such relief - prevents this court from reviewing its claim of bias, which must be dismissed. Meanwhile, the lower court properly dismissed the estate's claims against family services and its employees because allegations of an insufficient investigation into the decedent's death are not supported by any tort law or cause of action in the State of Ohio. Affirmed.
Court: Ohio Court Of Appeals, Judge: Wilkin, Filed On: February 2, 2024, Case #: 2024-Ohio-437, Categories: Judiciary, Emotional Distress, Wrongful Death
J. McMullen finds the lower court properly convicted defendant of two counts of premeditated murder and sentenced him to consecutive life sentences without parole for fatally shooting his stepdaughter’s father and stepmother in the face multiple times. Defendant argues the lower court improperly denied his motion to waive counsel and represent himself at trial, but the instant court finds he did not assert his right to self-representation and it was simply a tactic to be able to select an attorney or delay the trial. While defendant also argues the lower court erred by allowing testimony regarding his alleged sexual abuse of his minor stepdaughter, the instant court finds no error as it was presented as a possible motive for the murders and did not prejudice the defendant. Affirmed.
Court: Tennessee Court of Criminal Appeals, Judge: McMullen, Filed On: February 2, 2024, Case #: E2022-00884-CCA-R3-CD, Categories: Constitution, Evidence, Murder
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J. Smith finds that the district court improperly issued an order preliminarily enjoining enforcement of a Seattle ordinance that criminalizes the intentional writing, painting or drawing on property without the express permission of the property’s owner or operator. Individuals claim that the Seattle ordinance was "substantially overbroad under the First Amendment and facially vague under the Fourteenth Amendment." The lower court was incorrect in determining that the ordinance was "facially overbroad," and that the district court never acknowledged the ordinance’s numerous applications that would not implicate protected speech. Reversed.
Court: 9th Circuit, Judge: Smith, Filed On: February 2, 2024, Case #: 23-35449, Categories: Constitution, Municipal Law
J. Mansfield finds that the lower court improperly found for the employee in wage and sex discrimination claims because the pay disparity existed due to the female support analyst's lack of seniority and educational qualifications rather than her gender. Reversed.
Court: Iowa Supreme Court, Judge: Mansfield, Filed On: February 2, 2024, Case #: 22-1291, Categories: Employment Discrimination
J. Martinez finds in favor of the insurance company for its complaint alleging that it is not required to defend the construction company in an underlying lawsuit, in which a former employee claims that he was hurt while constructing a stormwater detention vault for a new residential subdivision. The residential construction exclusion of the policy applies, because the work at the center of the underlying lawsuit occurred on infrastructure in connection to residential construction as defined by the policy.
Court: USDC Western District of Washington, Judge: Martinez, Filed On: February 2, 2024, Case #: 2:22cv1454, NOS: Insurance - Contract, Categories: Insurance, Contract
J. Cogburn denies an incarcerated transgender woman and the state’s department of corrections’ cross-motions for summary judgment after the woman requested gender-affirming surgery. Before both parties are allowed to resubmit their motions, an evidentiary hearing must take place in order to determine whether surgery is medically necessary for the woman and to prevent the state from misrepresenting its Evaluation and Management of Transgender Offenders policy as automatically rejecting the request.
Court: USDC Western District of North Carolina, Judge: Cogburn, Filed On: February 2, 2024, Case #: 3:22cv191, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Health Care, Lgbtq
J. Welbaum finds the trial court properly allowed statements made by defendant during a police interrogation to be admitted into evidence during his trial on unlawful sexual conduct arising from defendant having a 13-year-old perform fellatio on him in exchange for a vape pen. The statements were not the result of coercive tactics and defendant was read his Miranda rights at the outset of the interview and affirmed on several occasions he understood the rights and agreed to waive them. Meanwhile, Google records that used GPS to show defendant's location were also properly admitted into evidence because the records were self-authenticated via a certificate provided by Google. Affirmed.
Court: Ohio Court Of Appeals, Judge: Welbaum, Filed On: February 2, 2024, Case #: 2024-Ohio-361, Categories: Miranda, Sex Offender, Child Victims
Per curiam, the appellate division finds that the trial court improperly dismissed claims contending the town negligently installed and maintained a high-density polyethylene culvert that caused flooding and damage to plaintiff's home. The complaint plausibly alleges the town failed to replace eroded surface covers, and the town failed to demonstrate it cannot be held liable for maintenance of the culvert due to the severe storm. Reversed in part.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: February 2, 2024, Case #: CA 22-01375, Categories: Property, Negligence
J. Aenlle-Rocha denies the PPE company summary judgment against the contract claim in the distribution service's lawsuit asserting that the PPE company must pay for one million KN95 face masks delivered during the Covid-19 pandemic, which were destroyed in a warehouse fire while the parties argued over the shipping method. The PPE company argues that the order was invalid because it did not contain material terms besides the quantity, description and price per mask, but there is currently no evidence that negates the parties' intent to enter the agreement. Until such evidence arises, the purchase order qualifies as a binding agreement.
Court: USDC Central District of California, Judge: Aenlle-Rocha, Filed On: February 2, 2024, Case #: 2:20cv8369, NOS: Other Contract - Contract, Categories: Evidence, Covid-19, Contract
Per curiam, the appellate division finds that the trial court properly convicted defendant of obstruction of governmental administration and driving while impaired because defense counsel secured acquittal of one count of the indictment, which suggests defendant received meaningful representation. Meanwhile, evidence indicates defendant had refused to exit his vehicle during a traffic stop and that he had seemed confused and glassy-eyed, with slurred speech, when asked about his registration, and that he even dropped his card. Affirmed.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: February 2, 2024, Case #: KA 22-01849, Categories: Evidence, Obstruction, Dui
J. Whitehead grants Microsoft leave to amend its invalidity contentions against 53 of the computer consulting company's 54 claims that Microsoft wrongfully uses the computer consulting company's patented technology connected to systems and techniques for archiving and restoring files within its file hosting service "Microsoft OneDrive." The computer consulting company will not face undue prejudice if Microsoft amends its invalidity contentions, because Microsoft did not act in bad faith and any alleged prejudice can be cured with an amended case schedule.
Court: USDC Western District of Washington, Judge: Whitehead, Filed On: February 2, 2024, Case #: 2:22cv1545, NOS: Patent - Property Rights, Categories: Patent, Technology
[Consolidated.] J. Brody finds that one of two trial courts hearing aspects of the same dispute over allegedly poached employees and trade secrets abused its discretion when it increased an award from $1 million to $2.3 million, as the award was not the result of passion or prejudice, and its injunctive order was overly broad. The second trial court properly held that the preliminary injunction was overly broad and unenforceable since it restrained lawful conduct. Reversed in part.
Court: Idaho Supreme Court, Judge: Brody, Filed On: February 2, 2024, Case #: 49418, Categories: Trade Secrets, Damages, Interference With Contract
J. Donovan affirms the defendant’s conviction of selling a controlled substance resulting in death. The Strafford County Attorney’s office properly used its discretion to avoid a conflict of interest, and the defendant fails to support his belief that the evidence against him is insufficient to prove his guilt. Affirmed.
Court: New Hampshire Supreme Court, Judge: Donovan, Filed On: February 2, 2024, Case #: 2022-0306, Categories: Drug Offender, Evidence