155 results for 'filedAt:"2024-02-23"'.
J. Colloton finds a lower court properly dismissed a defendant's motion for a mistrial. The defendant, who is under indictment on on felony murder and arson in Native American land, argued that he was entitled to relief based on double jeopardy. However, the government sufficiently showed in court that he consented to a mistrial in the original proceedings. Affirmed.
Court: 8th Circuit, Judge: Colloton, Filed On: February 23, 2024, Case #: 23-2431, Categories: Murder, Double Jeopardy, Arson
J. Standridge finds a lower court properly convicted a defendant on two counts of first- degree premeditated murder of two female victims. The defendant, who was sentenced to 146 months in prison and two consecutive life sentences, argued that the lower court abused discretion by allowing the state to present gruesome autopsy photos during trial. However, the government sufficiently showed in court that the photographs in question were properly admitted and were not considered unduly prejudicial. Affirmed.
Court: Kansas Supreme Court, Judge: Standridge, Filed On: February 23, 2024, Case #: 124535, Categories: Burglary, Murder, Sentencing
J. Cassel finds the trial court properly overruled defendant's motion for absolute discharge of his felony offense on speedy trial grounds. Though defendant contends his waiver of speedy trial rights applies only to a continuance granted solely at the request of the defendant and not the state, this argument has no merit. Affirmed.
Court: Nebraska Supreme Court, Judge: Cassel , Filed On: February 23, 2024, Case #: S-23-356, Categories: Speedy Trial, Due Process
J. Petty denies the Sudanese citizen's motion to reopen and terminate his removal proceedings. Found to be removable based on his convictions for two theft offenses and denied all relief from removal, the immigrant has not established the state court, as he claims, vacated his original convictions because of a procedural or substantive defect in the underlying criminal proceedings.
Court: Board of Immigration Appeals, Judge: Petty , Filed On: February 23, 2024, Case #: 4073, Categories: Immigration, Theft, Due Process
J. Alvord finds the lower court improperly denied the husband's motion for a reduction in child support payments because testimony from a private investigator was sufficient to establish the couple's older child had moved in with the husband and was no longer under the care of the wife, who had moved to Tennessee. Meanwhile, the court also misinterpreted language in the parties' separation agreement when it informed the husband his alimony payments could not be modified or removed. Therefore, the case must be remanded to allow for calculation of spousal support payments based on a proper reading of the agreement and the cohabitation of the husband and child. Reversed.
Court: Connecticut Court Of Appeals, Judge: Alvord, Filed On: February 23, 2024, Case #: AC46050, Categories: Evidence, Family Law
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J. Westbrook finds the lower court properly used the wife's 2020 earnings to calculate alimony and child support payments to the husband. There was insufficient evidence from 2021 and 2022, while the husband's claim of an intentional reduction of income was not supported by evidence in the record, including the Covid-19 pandemic and an increase in the number of partners at the wife's company. Affirmed.
Court: Connecticut Court Of Appeals, Judge: Westbrook, Filed On: February 23, 2024, Case #: AC45727, Categories: Evidence, Family Law
J. Graham denies, in part, the police officer's motion for summary judgment, ruling the drawing of his gun on the federal agent immediately upon his arrival at the scene following a 911 call was objectively unreasonable. Although the officer believed the agent was impersonating a law enforcement agent, the federal agent presented no danger and made no attempt to flee when the officer arrived. Additionally, the video and audio recordings of the federal agent's arrest create a question of fact as to how much resistance, if any, he provided while being handcuffed, and so the arresting officers are not entitled to immunity on the excessive force claim related to their use of a taser.
Court: USDC Southern District of Ohio, Judge: Graham, Filed On: February 23, 2024, Case #: 2:20cv6256, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Evidence, Immunity
J. Molloy denies in part the University of Montana's request to dismiss claims from students who say they were wrongfully classified as non-resident students for the purposes of their tuition and other fees. Claims over the university's policy of classifying them as non-resident students against the board members are tossed due to the board members having legislative immunity. The remaining claims proceed because there have been enough "general factual allegations" that make it plausible the policy violates established tuition law.
Court: USDC Montana, Judge: Molloy, Filed On: February 23, 2024, Case #: 9:23cv79, NOS: Education - Civil Rights, Categories: Education
J. Wicks grants a joint motion to seal various exhibits which both parties claim contain sensitive confidential business information, trade secrets, data privacy and cybersecurity information. The case involves allegations that the defendants failed to safeguard its customers’ personally identifiable information, which were targeted by hackers in a data breach. The court directs the parties to redact the privileged information related to defendant’s anti-fraud practices and procedures as well as the litigants’ personal information.
Court: USDC Eastern District of New York, Judge: Wicks, Filed On: February 23, 2024, Case #: 2:21cv6911, NOS: Other Personal Property Damage - Torts - Personal Property, Categories: Evidence, Privacy, Technology
J. Cole denies the Jeep hardtop cover patent holder's motion to expand the court's previous injunction, ruling the sale of two allegedly patent-infringing hardtops by the manufacturer the day the injunction was entered does not violate the order considering the time difference between this court's location in Cincinnati and Thailand, the location of the manufacturer. Meanwhile, the publication of an FAQ and assembly guide on the manufacturer's website does not constitute a violation of the injunction, which prohibits any advertising, because the documents have no promotional effect and cannot be considered marketing materials.
Court: USDC Southern District of Ohio, Judge: Cole, Filed On: February 23, 2024, Case #: 1:20cv918, NOS: Patent - Property Rights, Categories: Patent, Injunction
J. Duffin partially grants the trucking company's motions in limine in the former employee's lawsuit claiming the company refused to accommodate his observation of the Sabbath in violation of his rights against religious discrimination. The company's motions to prohibit testimony at trial from any witness other than the employee himself and to prohibit the employee from testifying about his termination and discharge from the company are granted, in part because the employee failed to timely disclose other witnesses and because the scope of the trial is focused solely on alleged religious discrimination during his employment. The company's motion in limine to prohibit the employee from offering hearsay testimony is denied as unnecessary, and the employee's motion for reconsideration of summary judgment and for appointment of counsel for him is denied.
Court: USDC Eastern District of Wisconsin, Judge: Duffin, Filed On: February 23, 2024, Case #: 2:20cv169, NOS: Employment - Civil Rights, Categories: Employment Discrimination
J. Wall finds a lower court properly invoked a crowded docket exception on behalf of a defendant. The defendant, who was charged with arranging a sexual encounter of a 17- year-old female, argued that he was entitled to a speedy trial. However, the State presented sufficient evidence in court that the motion was not unreasonable. Affirmed.
Court: Kansas Supreme Court, Judge: Wall, Filed On: February 23, 2024, Case #: 123687, Categories: Evidence, Sex Offender, Speedy Trial
J. Kato grants default judgment to the streetwear company for its complaint that the manufacturer manufactured products bearing marks confusingly similar to the streetwear company's "Sp5der" mark. The streetwear company sufficiently alleges its claims for trademark counterfeiting and infringement of its registered trademarks, because the manufacturer's products are nearly identical to the streetwear company's and are likely to cause consumer confusion.
Court: USDC Central District of California, Judge: Kato, Filed On: February 23, 2024, Case #: 2:23cv3327, NOS: Trademark - Property Rights, Categories: Trademark
J. Wilson grants the SEC's motion for monetary remedies and injunctive relief for its complaint that the company owner engaged in a fraudulent investment scheme by hiding his criminal history from investors, combining personal and investment funds, misrepresenting his returns, and buying property with investment funds. The SEC shows that the company owner is likely to commit fraud in the future, because he defrauded multiple investors over several years and there is evidence that he is still soliciting victims during this case.
Court: USDC Central District of California, Judge: Wilson, Filed On: February 23, 2024, Case #: 8:19cv1174, NOS: Securities/Commodities/Exchange - Other Suits, Categories: Fraud, Securities, Injunction
J. Behm grants employers summary judgment in claims contending a case manager had been fired for being, as she claimed, an "African American woman with a disability" because the complaint did not highlight race, gender, disability, or hostile work environment claims.
Court: USDC Eastern District of Michigan, Judge: Behm, Filed On: February 23, 2024, Case #: 4:21cv12133, NOS: Employment - Civil Rights, Categories: Ada / Rehabilitation Act, Employment Discrimination
J. Hartz finds that the lower court properly ruled against a former assistant principal who claimed that her school district retaliated against her and took away many of her duties and responsibilities after she reported a student-on-student sexual assault at school. She could not prove that any of the actions taken against her after the incident were pretextual, and regardless of that, reporting a student-on-student sexual assault is not considered an activity protected from retaliation by Title VII. Affirmed.
Court: 10th Circuit, Judge: Hartz, Filed On: February 23, 2024, Case #: 23-3004, Categories: Education, Employment Retaliation
J. Theofanis finds that the trial court properly ruled in favor of a company in a contract case it filed against a co-founder of the company who attempted to execute parts of his stock options. The trial court ruled that the company acted “not in bad faith” to restrict the co-founder’s ability to execute parts of the option. On appeal, the co-founder argues that the trial court wrongfully dismissed his counterclaims for breach of contract, alleging that material fact issues made his claim viable. Upon review of the co-founder’s counterclaim, the record does not reflect a genuine fact issue. Affirmed.
Court: Texas Courts of Appeals, Judge: Theofanis, Filed On: February 23, 2024, Case #: 03-22-00632-CV, Categories: Corporations, Fiduciary Duty
J. Jarbou finds that U.S. Patent 11,348,491, a utility patent for a school bus sign, infringed a competitor's sign because an ordinary person would conclude the sign's lighting and framing were substantially similar to the competitor's work.
Court: USDC Western District of Michigan, Judge: Jarbou, Filed On: February 23, 2024, Case #: 1:21cv1009, NOS: Patent - Property Rights, Categories: Patent
J. Partida-Kipness finds that the lower court properly denied the appellant's plea to the jurisdiction and rendered judgment for the appellee in this forcible detainer case. The appellant argued that the forcible detainer action was not "an available remedy" due to the parties' executory contract. However, the contract specifically states that the buyer would become a tenant-at-sufferance "if the contract is cancelled because of her default." Further, her argument regarding Subchapter D relates to title, as opposed to possession. Affirmed.
Court: Texas Courts of Appeals, Judge: Partida-Kipness, Filed On: February 23, 2024, Case #: 05-23-00172-CV, Categories: Landlord Tenant, Real Estate, Contract
Per curiam, the Supreme Judicial Court of Massachusetts affirms a judgment denying relief to a woman charged with violating a harassment prevention order. The rulings she’s challenging can be addressed through an appeal if she is convicted, but the denial of a motion to dismiss in a criminal case isn’t appealable until after the trial has concluded. Affirmed.
Court: Massachusetts Supreme Court, Judge: Per curiam, Filed On: February 23, 2024, Case #: SJC-13508, Categories: Speedy Trial, Harassment
J. Hickey grants a nursing home’s motion to dismiss claims filed by a former nursing director who was unable to show her termination was due to race discrimination or that the nursing home violated the Family Medical Care Leave Act. The evidence shows the former director did not adequately perform her job duties, which is a "legitimate, nondiscriminatory reason" for firing her.
Court: USDC Western District of Arkansas , Judge: Hickey, Filed On: February 23, 2024, Case #: 1:22cv1072, NOS: Family and Medical Leave Act - Labor, Categories: Civil Rights, Employment, Employment Discrimination
[Consolidated.] J. Lobrano finds that the juvenile court properly denied parents' motion to order the Department of Children and Family Service to change the placement of their son from his foster parents to their chosen relatives. In this case, the foster parents have adopted the son's siblings, and, according to his case worker, the son is thriving in his placement. Further, the juvenile court does not have the authority to order the placement of the son with the parents' choice of relatives. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Lobrano, Filed On: February 23, 2024, Case #: 2023-CA-0744, Categories: Evidence, Family Law, Juvenile Law
J. Tenney finds the district court properly dismissed an nivestment company’s lawsuit against the county, which denied the requested zoning change for a proposed landfill. The planning commission tabled the application due to public concerns; in the meantime, another company was awarded a conditional use permit to operate a landfill. This appeal challenges the court’s conclusions relating to the “similarly situated” and “animus” elements of equal protection. The proposals were filed at different times, and were considered by different commissioners, so they are not similarly situated. Affirmed.
Court: Utah Court Of Appeals, Judge: Tenney, Filed On: February 23, 2024, Case #: 20220433-CA, Categories: Civil Procedure, Government, Property
J. Bland answers yes to the certified questions submitted by the U.S. Fifth Circuit Court of Appeals over whether state law allows a lender to rescind a previously accelerated loan while, in the same notice, re-accelerating the same loan. The statute does not provide specific requirements for how the notice of the loan's acceleration status is to be conveyed to the borrower.
Court: Texas Supreme Court, Judge: Bland, Filed On: February 23, 2024, Case #: 23-0525, Categories: Debt Collection, Banking / Lending, Foreclosure