J. Mooney rejects petitioner’s appeal of his overall post-prison supervision term. “Petitioner presents no authority that would allow us to address a proportionality challenge in this context.” Affirmed.
Court: Oregon Court of Appeals, Judge: Mooney, Filed On: April 24, 2024, Case #: A180327, Categories: Sentencing
J. Volk grants the government's motion for summary judgment in 27 former Beckley Veterans Medical Center patients' suits claiming they contracted infectious diseases from the uncredentialed use of acupuncture by Dr. Jonathan Yates. The 27 patients' claims are barred by res judicata since they all previously filed suits against Yates for malpractice and, prior to the government filing responsive pleadings, signed releases from any claims arising from Yates' medical negligence including those "unknown" or "unsuspected."
Court: USDC Southern District of West Virginia, Judge: Volk, Filed On: April 24, 2024, Case #: 5:23cv243, NOS: Personal Injury - Medical Malpractice - Torts - Personal Injury, Categories: Government, Health Care, Medical Malpractice
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J. Gruber finds the circuit court properly found for a brother, whose survivorship agreement with his mother transferred her interest in the property at issue to him upon her death. The other brothers challenged the mother's will, with the circuit court ruling it was the product of undue influence, setting it aside and imposing a constructive trust on the property in favor of the estate. The court then granted summary judgment, concluding relitigation was barred by the doctrines of law of the case and res judicata. The brother's cross-appeal for sanctions on the basis this appeal is frivolous is denied. Affirmed.
Court: Arkansas Court Of Appeals, Judge: Gruber , Filed On: April 24, 2024, Case #: CV-22-188, Categories: Sanctions, Trusts, Wills / Probate
J. Gladwin dismisses the farm’s appeal of the circuit court’s denial of its petition to discharge the excavator’s lien. The excavator filed the lien for $671,431 for nonpayment after the farm sold its property during a construction project it contracted for with the excavator. The excavator gave proper notice and the court correctly denied discharge of the lien, retaining jurisdiction. The farm filed a notice of interlocutory appeal and a motion to reconsider on the same day. The circuit court did not issue a ruling on the motion to reconsider. The appeals court has no jurisdiction for lack of a final order.
Court: Arkansas Court Of Appeals, Judge: Gladwin , Filed On: April 24, 2024, Case #: CV-22-608, Categories: Construction, Jurisdiction, Contract
J. Sannes preserves claims for failure to intervene against two Syracuse police officers stemming from the alleged used of excessive force during the arrest of two local residents, finding material disputes remain as to whether either officer had the opportunity to intervene during the incident. The court however enters judgment in favor of one of the officers on failure to intervene and excessive force claims for actions that took place while transporting the litigants in an ambulance to a local hospital following the arrest, finding he was not involved in any use of force during that time.
Court: USDC Northern District of New York, Judge: Sannes, Filed On: April 24, 2024, Case #: 5:19cv995, NOS: Other Civil Rights - Civil Rights, Categories: Energy, Tort, Police Misconduct
J. Merchant dismisses a Middle Eastern employee’s retaliation claims against a Brooklyn health care provider, finding that filing complaint she made against her supervisor, for forcing her to work near an employee who tested positive for Covid-19, is not protected activity for purposes of a retaliation claim. The court however preserves her discrimination claims, finding she provides enough detail to allege she faced differential treatment because of her national origin.
Court: USDC Eastern District of New York, Judge: Merchant, Filed On: April 24, 2024, Case #: 1:23cv3313, NOS: Employment - Civil Rights, Categories: Covid-19, Employment Discrimination, Employment Retaliation
J. Riley finds that the trial court properly held defendant in contempt and ordered her to serve 90 days in jail for lying three times in court about the existence and death of a child who did not exist, as the lies made it impossible for child services to determine if the child was real. Affirmed.
Court: Indiana Court Of Appeals, Judge: Riley, Filed On: April 24, 2024, Case #: 23A-JM-2671, Categories: Contempt, Family Law
J. Segal finds that the trial court should have granted an employer's motion to vacate a renewal of judgment for interest on an attorney fee award. Following a reversal that added to a previous attorney fee award in favor of an employee, the employee's attorneys sought interest from the time of the original trial court denial of fees. But because the appellate decision was not a modification, the interest on the fee award began to accrue when the appeals court reversed. Reversed.
Court: California Courts Of Appeal, Judge: Segal, Filed On: April 24, 2024, Case #: B327821, Categories: Civil Procedure, Employment, Attorney Fees
J. Suttell finds that the trial court properly dismissed claims in which developers allege substantive due process and RICO violations, tortious interference with a contract and prospective business advantages, and civil liability for crimes, because the claims were barred by the three-year statute of limitations. Affirmed.
Court: Rhode Island Supreme Court, Judge: Suttell, Filed On: April 24, 2024, Case #: 23-67, Categories: Due Process, Business Expectancy, Racketeering
J. Jones denies the father's petition seeking the return of his child to Mexico under the Convention on the Civil Aspects of International Child Abduction. Although the family "see-sawed" between Mexico and the United States since the child's birth, the majority of the child’s school and medical connections are in Washington, and the father looked at various houses to purchase in the United States. Because the child's habitual residence is the United States, the father's petition is denied.
Court: USDC Western District of Washington, Judge: Jones, Filed On: April 24, 2024, Case #: 2:23cv1655, NOS: Other Statutory Actions - Other Suits, Categories: Family Law, International Law
J. Morris denies in part summary judgment in an employment dispute between a former warehouse manager and an employer who fired him. The employer says he was fired for violating a policy against retaliation regarding a conversation with another coworker, but the former manager says he was fired for his challenges with mental health. At this stage, there remains a dispute over which version of events holds the most truth.
Court: USDC Montana, Judge: Morris, Filed On: April 24, 2024, Case #: 4:22cv111, NOS: Other Labor Litigation - Labor, Categories: Employment
J. Anderson affirms the district court's dismissal of a postconviction relief petition for murder and attempted murder convictions, finding that the petitioner has not satisfied the newly-discovered-evidence or interests-of-judgment exceptions to the time limit for such petitions. Newly-discovered DNA evidence does not meet that threshold because the petitioner has not met the clear-and-convincing standard to show that it is exculpatory, and he has not otherwise shown that the interests of justice require a new trial. Affirmed.
Court: Minnesota Supreme Court, Judge: Anderson, Filed On: April 24, 2024, Case #: A23-0851, Categories: Dna, Evidence, Murder
J. St. Eve finds that the lower court properly sentenced defendant to 96 months in prison for stealing 25 firearms, of which police only recovered eight. The court's speculation that the missing firearms were "likely in the hands of other felons" does not amount to impermissible speculation requiring the court to vacate his sentence. Affirmed.
Court: 7th Circuit, Judge: St. Eve, Filed On: April 24, 2024, Case #: 23-1564, Categories: Firearms, Sentencing
J. Hamilton finds that the lower court properly revoked defendant's probation, finding that he possessed a firearm in violation of the terms of his supervised release. While the trial judge should not have allowed defendant's probation officer to narrate a police surveillance video showing defendant with the gun without permitting defendant to cross-examine the officer, the error was harmless. Affirmed.
Court: 7th Circuit, Judge: Hamilton, Filed On: April 24, 2024, Case #: 22-3282, Categories: Firearms, Probation, Witnesses
J. Zenoff finds that the lower court properly granted the state's petition to detain defendant before trial on charges of murder and possession of a firearm by a felon. Defendant is charged with multiple offenses, and the trial court did not err in finding the presumption great that he committed the charged offenses. Affirmed.
Court: Illinois Appellate Court, Judge: Zenoff, Filed On: April 24, 2024, Case #: 240187, Categories: Murder, Bail
J. Lampkin finds that the lower court properly dismissed an attorney's First Amendment challenge to a village ordinance requiring public comments of special village board meetings to be germane to agenda items. This relevancy restriction on council meetings is reasonable, even though it is content based, in light of the purpose of board meetings to effectively conduct business of specified matters and ensure citizens have the time to present their views. Affirmed.
Court: Illinois Appellate Court, Judge: Lampkin, Filed On: April 24, 2024, Case #: 230139, Categories: Municipal Law, First Amendment
J. Kobick grants a restaurant management software company’s motion to stay a patent infringement and breach of contract action brought against it by a paydata management software company pending review of the relevant patent by the Patent Trial and Appeal Board. The board recently began the review of that patent.
Court: USDC Massachusetts, Judge: Kobick, Filed On: April 24, 2024, Case #: 1:22cv11539, NOS: Patent - Property Rights, Categories: Patent, Contract
J. Park finds that the district court properly denied defendant pretrial release from detainment for allegedly making interstate threats against Jewish students at Cornell University following the October 2023 Hamas attack against Israel because defendants may be detained pending trial on charges constituting crimes of violence. Affirmed.
Court: 2nd Circuit, Judge: Park, Filed On: April 24, 2024, Case #: 23-8081, Categories: Threats
Vice Chancellor Zurn declines to dismiss certain claims associated with $344 million paid to the founders of a partnership and other insiders for the loss of tax benefits in the partnership's conversion to a corporation because safe harbors in the partnership agreement are available, and the shareholder successfully pleads that defendants lacked leverage to extract payment for such.
Court: Delaware Chancery Court, Judge: Zurn, Filed On: April 24, 2024, Case #: 2022-0664-MTZ, Categories: Corporations, Tax, Partnerships
J. Brailsford denies in part an insurance company's motion for summary judgment regarding an insurance coverage dispute following a plane crash. While the pilot walked away unharmed, the plane, which crashed shortly after takeoff, sustained extensive damage. The plane owner alleges that the insurer has not paid for certain repairs in violation of the insurance policy. A genuine dispute of material fact remains as to whether the insurer paid the amount required under the insurance policy. Because the insurance company has waived its right to compel arbitration, its motion for summary judgment on the contract claim is denied.
Court: USDC Idaho, Judge: Brailsford, Filed On: April 24, 2024, Case #: 1:22cv176, NOS: Insurance - Contract, Categories: Arbitration, Insurance, Contract
J. Salter finds that the circuit court improperly granted summary judgment and remanded for further proceedings a matter concerning a dispute of ownership of a semi truck. However, the lower court correctly determined that “drafting errors” alleged by the semi owner would not, themselves, preclude obtaining the title to the property. Affirmed in part.
Court: South Dakota Supreme Court, Judge: Salter , Filed On: April 24, 2024, Case #: 2024SD24, Categories: Vehicle, Contract