164 results for 'filedAt:"2024-03-14"'.
J. Fried finds for the commissioner of internal revenue by sustaining the imposition of a levy for tax liability since the settlement agent did not commit an abuse of discretion.
Court: U.S. Tax Court, Judge: Fried, Filed On: March 14, 2024, Case #: 2024-31, Categories: Tax
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J. Chin finds that the district court improperly denied a pro se inmate's request to proceed in forma pauperis in civil rights claims on grounds that he already claimed indigence too many times in actions dismissed as frivolous. Inmates are allowed three "strikes" before being forced to post upfront filing fees, rather than having fees deducted from prison accounts over time, but the cases at issue should not have counted toward the inmate's total.
Court: 2nd Circuit, Judge: Chin, Filed On: March 14, 2024, Case #: 20-1644-pr, Categories: Criminal Procedure, Prisoners' Rights
Per curiam, the appellate division finds that the lower court properly sentenced defendant based on his guilty plea to kidnapping for attempting to flee the state with a 14-year-old girl, with whom he had alleged sexual contact, and her teenage friend because his valid appeal waiver precluded the harsh sentence claim. Affirmed.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: March 14, 2024, Case #: 112812, Categories: Sentencing, Kidnapping
J. Barnes finds that the trial court properly ruled in favor of the individual in an action brought by the company seeking to quiet title to property. The trial court correctly found that the individual had acquired prescriptive title to the property and declared him the fee simple owner of the property. The individual possessed a deed which was sufficient to bestow on him color of title which ripened into prescriptive title under the statute. Affirmed.
Court: Georgia Court of Appeals, Judge: Barnes, Filed On: March 14, 2024, Case #: A23A1762, Categories: Property
J. Hummel orders New York State’s Department of Environmental Conservation to produce requested documents in an employment discrimination lawsuit. The litigant seeks documentation regarding the demotion and subsequent promotion an environmental department officer who was the subject of a sexual harassment complaint. The litigant in this case alleges he was denied a promotion to be the director of law enforcement due to reverse racism, while the department argues the decision to deny him the position was in part based on his involvement in the officer’s promotion, which they claimed showed a lapse in judgment.
Court: USDC Northern District of New York, Judge: Hummel, Filed On: March 14, 2024, Case #: 1:20cv106, NOS: Employment - Civil Rights, Categories: Civil Rights, Discovery, Employment Discrimination
J. Komitee dismisses a shareholders’ suit against JPMorgan Chase for its alleged failure to disclose the widespread use of unapproved communications channels among its employees, which resulted in a $200 million civil penalty issued by the Securities and Exchange Commission. The shareholder fails to plead material misstatements, false or misleading statements or omissions regarding the financial institution’s risk controls in its 2021 proxy statement.
Court: USDC Eastern District of New York, Judge: Komitee, Filed On: March 14, 2024, Case #: 1:22cv1331, NOS: Stockholders’ Suits - Contract, Categories: Securities
[Consolidated.] J. Aarons finds that the lower court properly denied a request in which defendant, a retired police officer, sought to vacate his conviction for falsely reporting an incident and illegally discharging a firearm. Defendant contends he was denied due process on grounds that his sentence was based on extrajudicial materials, but he was aware grand jury minutes would be considered. Affirmed.
Court: New York Appellate Divisions, Judge: Aarons, Filed On: March 14, 2024, Case #: 113251, Categories: Firearms, Plea, Due Process
J. Kennelly denies an Alaskan Native tribe-owned lending company’s motions to compel a RICO class action to arbitration, and to transfer the case to the District of Alaska. The suing class is composed of Illinois residents who took loans from the lending company, whose loans’ annual interest rates range from 466.66% to 792.76% — rates, the borrowers say, are illegal under Illinois law. They argue the lender uses its status as a Native American-owned business to predate on customers while dodging state and federal laws by asserting sovereign immunity. The court finds the Northern District of Illinois is a proper venue, as that is where the class members’ alleged injuries took place, and also finds that the class’s claims cannot be addressed by arbitration.
Court: USDC Northern District of Illinois, Judge: Kennelly, Filed On: March 14, 2024, Case #: 1:23cv3590, NOS: Racketeer Influenced and Corrupt Organizations (RICO) - Other Suits, Categories: Native Americans, Banking / Lending, Racketeering
Per curiam, the appellate division finds that an inmate was properly found guilty of violating prison rules by refusing a direct order, interfering with an employee, and being out of place when she visited the infirmary without authorization, while medical personnel were busy with emergencies, as the misbehavior report and the inmate's own testimony supported the finding. However, evidence did not support the finding of guilt on the charge of making false statements, which must be annulled. Affirmed in part.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: March 14, 2024, Case #: 536106, Categories: Prisoners' Rights
J. Pryor finds that the bankruptcy court properly ruled in favor of the debtor in his Chapter 7 bankruptcy petition claiming that a retirement account was exempt property of his bankruptcy estate. The creditors sought to garnish funds in the retirement account to satisfy a $1.6 million default judgment entered against the debtor in an action for damages arising from a failed condominium development. The state court's judgment authorizing the bank to remit certain funds to the state court clerk gave it only a limited right to transfer the debtor's funds and did not extinguish the debtor's interest in the funds in the account. The bank failed to exercise its right before the debtor filed for bankruptcy. The lower court's judgment also did not create a right to setoff in favor of the bank. Affirmed.
Court: 11th Circuit, Judge: Pryor, Filed On: March 14, 2024, Case #: 22-14113, Categories: Bankruptcy
Per curiam, the appellate division finds that an inmate was properly found guilty of violating prison rules by assaulting staff and failing to comply with frisk procedures when he refused to step out of his cell for a cell search and swallowed something, then hit a guard in the face and went for his throat when the two struggled on the floor, as the finding was supported by the misbehavior report, supporting documents, and hearing testimony. Affirmed.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: March 14, 2024, Case #: CV-23-1098, Categories: Assault, Prisoners' Rights
J. Harris finds that the trial court properly awarded the family home to the husband in a divorce. The wife's challenge to the award was barred because she waited eight years to make it. But the trial court failed to make findings that her claims about the home were meritless, so it was error to award husband attorney fees. Reversed in part.
Court: Utah Court Of Appeals, Judge: Harris, Filed On: March 14, 2024, Case #: 20221044-CA, Categories: Family Law, Attorney Fees
J. Horton finds the Texas court properly granted the mother's petition to modify the parent-child relationship. The ex-husband knew when he married the mother that he was not the child's father but agreed to pay child support according to the divorce decree he signed. The Texas Family Code also provides circumstances under which a Texas court may proceed to modify a child-custody determination made by a court in another state. The Texas court had jurisdiction to make the modification. Affirmed in part.
Court: Texas Courts of Appeals, Judge: Horton , Filed On: March 14, 2024, Case #: 09-22-00202-CV, Categories: Family Law, Jurisdiction
J. Greer finds the immigration judge properly denied the El Salvadoran citizen's application for withholding of removal and protection. The immigrant was ordered removed for not having proper documentation after entry. He is properly found not to be included in the category of individuals covered by a cited regulation because he was not initially placed in expedited removal proceedings and immigration services did not adjudicate his asylum application. The immigrant did also not establish a nexus to his family-based particular social group, though the judge should consider additional evidence on remand. Affirmed in part.
Court: Board of Immigration Appeals, Judge: Greer , Filed On: March 14, 2024, Case #: 4074, Categories: Evidence, Immigration, Due Process
J. McShane denies the fraudulent transfer claim in the Japanese corporation's complaint that the art supply store and others transferred property to hinder, delay or defraud creditors. The Japanese corporation alleges that the loan was part of the fraudulent scheme by the president and shareholder of one of the companies to avoid an adverse judgment by the arbitrator, but the loan and assets were not concealed from the Japanese corporation, so there is not a proven requisite intent to hinder, delay or defraud the Japanese corporation.
Court: USDC Oregon, Judge: McShane, Filed On: March 14, 2024, Case #: 6:21cv1115, NOS: Recovery of Overpayment & Enforcement of Judgment - Contract, Categories: Fraud, Contract
J. Chase finds that defendant was not given ineffective assistance of counsel by waiving his right to a properly constituted jury venire. In this case, the defense counsel informed defendant of the decision to not object to the jury venire as a tactical choice based on an outstanding "motion for speedy trial." However, defendant's sentences for his conspiracy to commit armed robbery and conspiracy to obstruct justice exceed the statutory maximum. Affirmed in part.
Court: Louisiana Court Of Appeal, Judge: Chase, Filed On: March 14, 2024, Case #: 2023-KA-0497, Categories: Ineffective Assistance, Sentencing
J. Chen preserves breach of contract claims against an insurance provider which seek to hold it liable for a $2.2 million judgment entered against its insured, a general contractor, for an underlying personal injury lawsuit. While the contractor is a named insured under the policy, the court is unable to make a determination on whether or not the contractor fulfilled certain conditions to establish its rights to coverage and whether or not the insurer’s letter disclaiming coverage was legally sufficient.
Court: USDC Eastern District of New York, Judge: Chen, Filed On: March 14, 2024, Case #: 2:23cv238, NOS: Insurance - Contract, Categories: Insurance
Per curiam, the Supreme Court of Ohio finds that attorney Christopher Mark Alexander will be suspended from the practice of law for one year for a felony traffic conviction that stemmed from a high-speed chase while intoxicated. Although Alexander has a disciplinary history, he was forthcoming about his crime, has since completed alcohol addiction services, remained sober for more than two years and shown remorse for his actions, all of which will allow for a stay of the suspension so long as he commits no further misconduct.
Court: Ohio Supreme Court, Judge: Per curiam, Filed On: March 14, 2024, Case #: 2024-Ohio-900, Categories: Sanctions, Attorney Discipline
J. Harris finds the trial court properly admitted the testimony of an expert witness who testified the victims did not appear to have been coached on the stories they gave when they reported the sexual assault allegations against defendant. Although such testimony, which vouches for the truthfulness of the victims, is typically not allowed, defendant opened the door to the admission of the evidence when he advanced a defense based on the theory the victims had been coached by their grandmother, which included questions to potential jurors, statements during opening arguments and direct examination of the victims. Affirmed.
Court: Colorado Court Of Appeals, Judge: Harris, Filed On: March 14, 2024, Case #: 2024COA26, Categories: Sex Offender, Experts, Child Victims
J. Hiland finds the circuit court properly denied defendant's petition for postconviction relief. Defendant was convicted for murder, aggravated robbery, and a firearm enhancement, receiving sentences of life, 35 years and 15 years. The 35-year sentence for aggravated robbery is within statutory guidelines and not unconstitutional. Although no written instruction deleting the life sentence option was proffered, trial counsel made a sufficient enough record to preserve the argument, and claims of ineffective assistance fail. The jury did not enter a life sentence on the aggravated-robbery charge, and there is no evidence showing a different instruction would have resulted in a different sentence. Affirmed.
Court: Arkansas Supreme Court, Judge: Hiland , Filed On: March 14, 2024, Case #: CR-23-354, Categories: Constitution, Murder, Sentencing
J. Brown finds the trial court improperly excluded DNA evidence in defendant's trial on a single charge of sexual assault of a child. The presence of another individual's DNA on the victim was not protected by the rape shield statute. Defendant did not intend to pursue an alternate suspect theory and claim the victim had sex with another individual, but sought the evidence to rebut the prosecution's theory that defendant's DNA was not found because the victim showered the morning after the assault; therefore, defendant's conviction must be vacated and the case remanded for a new trial. Reversed.
Court: Colorado Court Of Appeals, Judge: Brown, Filed On: March 14, 2024, Case #: 2024COA27, Categories: Dna, Sex Offender, Child Victims