194 results for 'filedAt:"2024-01-31"'.
J. Lauber finds for the commissioner of internal revenue in this tax liability dispute because the taxpayer failed to report all gross income.
Court: U.S. Tax Court, Judge: Lauber, Filed On: January 31, 2024, Case #: 2024-11, Categories: Tax
[Consolidated.] J. Ashford finds for the commissioner of internal revenue in this tax liability dispute since evidence supports the finding of substantial underpayment of taxes, and the liability is upheld along with accuracy related penalties.
Court: U.S. Tax Court, Judge: Ashford, Filed On: January 31, 2024, Case #: 2024-12, Categories: Tax
J. Sack finds that the district court properly dismissed a college student's claims contending internal disciplinary proceedings into sexual assault allegations contained an anti-male bias because evidence did not indicate the university discriminated against the student by making erroneous disciplinary findings based solely on his gender, or by more vigorously investigating co-eds' assault claims while ignoring his own complaint that he had been defamed in one of the co-eds' anonymous tweets. Affirmed.
Court: 2nd Circuit, Judge: Sack, Filed On: January 31, 2024, Case #: 21-1125, Categories: Civil Rights, Education
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J. Miller finds that the trial court abused its discretion when it dismissed defendant's prior strike conviction during sentencing for a home invasion robbery. Nothing extraordinary about defendant's circumstances or background show he is outside the spirit of the three strikes law and remoteness alone is not enough to dismiss a prior strike. Reversed.
Court: California Courts Of Appeal, Judge: Miller, Filed On: January 31, 2024, Case #: A168286, Categories: Robbery, Sentencing
J. Mathias finds that the trial court improperly held defendant in jail for 630 days without holding a hearing on whether he violated parole based on the false idea that he was being held for parole violations and new criminal charges. Defendant was entitled to a determination as to whether his delay was unlawful and whether allegations that he violated parole should be dismissed. Reversed.
Court: Indiana Court Of Appeals, Judge: Mathias, Filed On: January 31, 2024, Case #: 23A-MI-1053, Categories: Criminal Procedure, Parole
J. Theofanis finds that the district court properly ruled not to appoint a father as one of his child's managing conservators. The decision was made in the child's best interest and is backed up by facts provided by the Texas Department of Family and Protective Services. Affirmed.
Court: Texas Courts of Appeals, Judge: Theofanis, Filed On: January 31, 2024, Case #: 03-23-00745-CV, Categories: Family Law
J. Africk grants an insurance company’s request to dismiss a policyholder’s state law unfair trade practices claim related to the insurer’s allegedly insufficient coverage of his hurricane damages property. The policyholder’s trade practices suit is explicitly exempted by Louisiana law, while unfair trade practices in the insurance industry are unquestionably under the jurisdiction of the state insurance commissioner. Further, the Fifth Circuit has held state law does not provide a private cause of action against an insurer for unfair trade practices.
Court: USDC Eastern District of Louisiana , Judge: Africk, Filed On: January 31, 2024, Case #: 2:23cv6152, NOS: Insurance - Contract, Categories: Insurance, Damages, Jurisdiction
J. Windhorst finds that the trial court properly dismissed a patron's slip and fall claim against a store. The patron did not show that he properly e-filed his petition within the prescriptive period. The email that the patron admitted to establish the filing does not reference a specific case or the type of pleading. Further, there is no evidence from the clerk of court showing any record of an e-filing or attempted e-filing regarding this case. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Windhorst, Filed On: January 31, 2024, Case #: 23-CA-189, Categories: Civil Procedure, Evidence, Tort
J. Chase finds that the trial court should not have granted a co-owner's motion for dissolution of the parties' company. In this case, the parties dispute whether it remains reasonably practical to continue the business, and the evidence submitted does not establish that dissolution is warranted. Reversed.
Court: Louisiana Court Of Appeal, Judge: Chase, Filed On: January 31, 2024, Case #: 2023-CA-0462, Categories: Evidence, Contract
J. Herman finds that the trial court should not have found for the defendant drivers in a car collision action. Although the dash cam footage only shows three cars involved in the accident, and not plaintiff's car, there were conflicting expert reports regarding the number of vehicles in the collision. Further, the parties submitted inconsistent and contradictory testimony, and the glare contained in the dash cam video is sufficient to create a material issue of fact. Reversed.
Court: Louisiana Court Of Appeal, Judge: Herman, Filed On: January 31, 2024, Case #: 2023-CA-0478, Categories: Evidence, Negligence
J. Moeller finds that the district court properly denied defendant's motion for a new trial for first-degree murder after he alleged that a juror had been asleep during part of the original trial. The district court observed the juror briefly nodded off and was promptly aroused by a bailiff, while defendant failed to provide clear and convincing evidence of juror misconduct. Affirmed.
Court: Idaho Supreme Court, Judge: Moeller, Filed On: January 31, 2024, Case #: 49266, Categories: Jury, Murder
J. Mooney finds the Land Use Board of Appeals properly ruled that it was without jurisdiction to review Eugene City Council’s adoption of an ordinance that LUBA determined was not a land use decision. Petitioner’s position is foreclosed by Ray v. Douglas County. Dismissed.
Court: Oregon Court of Appeals, Judge: Mooney, Filed On: January 31, 2024, Case #: A182565, Categories: Zoning
J. Baldwin finds the trial court properly imposed the maximum sentence following defendant's guilty plea on various charges because not only did the court make all required factual findings, but the sentence was within the statutory range and supported by defendant's lengthy criminal history, which began when he was eight years old. However, the trial court failed to make certain factual findings before it imposed violent offender specifications, and so the case will be remanded to allow for the proper analysis. Affirmed in part.
Court: Ohio Court Of Appeals, Judge: Baldwin, Filed On: January 31, 2024, Case #: 2024-Ohio-327, Categories: Burglary, Sentencing, Theft
J. Lagesen finds the post-conviction court erred in denying petitions for relief. “Petitioner’s demonstration that his ground for relief falls within the relevant escape clause or clauses is sufficient to allow him to pursue that ground for relief.” Reversed.
Court: Oregon Court of Appeals, Judge: Lagesen, Filed On: January 31, 2024, Case #: A177440, Categories: Sentencing
J. Douglas finds that the lower court properly convicted defendant of domestic violence stalking and violating a protective order. The evidence indicates that defendant "subjected the victim to repeated contacts by phone calls and texts, despite her telling him to stop," and even contacted her "after being served with the protection order." The court also notes that the case was not about the content of defendant's statements to the victim, but rather the "persistent, unwelcome contact." Affirmed.
Court: Maine Supreme Court, Judge: Douglas, Filed On: January 31, 2024, Case #: 2024ME15, Categories: Domestic Violence, Harassment
J. Mooney finds the trial court properly imposed restitution for the county’s labor costs associated with repairing the guardrail damaged by defendant. “The cost of repairing the guardrail was incurred because of defendant’s criminal activity and would be recoverable in a civil proceeding.” Affirmed.
Court: Oregon Court of Appeals, Judge: Mooney, Filed On: January 31, 2024, Case #: A177103, Categories: Restitution
J. Gravois finds that the trial court properly dismissed a patient's medical malpractice claim against a medical provider after the patient, who was given morphine and discharged from the emergency room, tripped while attempting to walk to the bus stop. The patient does not show that the medical provider violated its guidelines when it left the patient unattended outside in a wheelchair. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Gravois, Filed On: January 31, 2024, Case #: 23-CA-188, Categories: Evidence, Medical Malpractice
J. Alley finds a lower court did not err in convicting defendant of capital murder after defendant — who was arrested in early 2018 but not tried until late 2022 — invoked his right to a speedy trial. While the delay here was indeed “extraordinary” and “should be the rare exception and not the rule,” much of the delay “stemmed from factors outside anyone’s control,” including disruptions from the Covid pandemic, and defendant did not raise his speedy trial right until 2022. Furthermore, much of the stress faced by defendant was caused not by delays but by the seriousness of the charges against him, which involved killing two people, including a minor. Affirmed.
Court: Texas Courts of Appeals, Judge: Alley, Filed On: January 31, 2024, Case #: 08-23-00026-CR, Categories: Constitution, Speedy Trial, Due Process
Per curiam, the Appeals Court finds the juvenile court properly determined that a youth adjudicated delinquent who engaged in conduct that would constitute attempted first-degree sexual abuse and first-degree sodomy if committed by an adult must register as a sex offender. “The question of rehabilitation necessarily requires a present assessment, but the statute allows consideration of a variety of factors.” Affirmed.
Court: Oregon Court of Appeals, Judge: Per curiam, Filed On: January 31, 2024, Case #: A178766, Categories: Juvenile Law, Sex Offender
J. Lin dismisses the insurance company's claims under the Carmack Amendment to the Interstate Commerce Act accusing the freight forwarding company of directing BNSF Railway to transport the goods by train despite the contract stating the transport should be via truck. BNSF's train caught on fire and damaged the goods. The Carmack Amendment applies and preempts the insurance company's negligence and contract claims because one of the receiving entities in Washington where the goods departed was required to issue a separate Carmack-compliant bill of lading so that the goods could go to the intended arrival point of Ohio.
Court: USDC Western District of Washington, Judge: Lin, Filed On: January 31, 2024, Case #: 2:23cv621, NOS: Other Contract - Contract, Categories: Commerce, Insurance, Contract
J. Trauger partially grants the state wildlife officers' dismissal motion in this lawsuit brought by a falconer whose birds were seized by the Tennessee Wildlife Resources Agency and now asserts claims for unlawful search and seizure, as well as false arrest and malicious prosecution. The case against her was dismissed "in its entirety," and the seized birds were returned, though one of the birds allegedly died while being held. The court now finds that the officers are entitled to qualified immunity as to parts of her Fourth Amendment claim. However, she has adequately alleged that the seizure of all 13 of her birds was "objectively unreasonable" and that no reasonable officer "would have believed that this seizure was authorized or legal." Her equal protection claim also survives, in which she alleges that the law was selectively enforced, and misapplied, "against her because of her gender."
Court: USDC Middle District of Tennessee , Judge: Trauger, Filed On: January 31, 2024, Case #: 3:23cv747, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Animal Cruelty