186 results for 'filedAt:"2024-02-22"'.
J. Schutz finds the censure of the trustee during an executive session by the board of trustees constituted a formal action by the board because it implicated public concerns and would affect the town at large. Therefore, the action violated the Colorado Open Meetings Law because it was not conducted in a public session and the lower court erroneously denied the trustee's motion for summary judgment. On remand, the lower court is ordered to enter a judgment to declare the censure void and award reasonable attorney fees to the trustee. Reversed.
Court: Colorado Court Of Appeals, Judge: Schutz, Filed On: February 22, 2024, Case #: 2024COA18, Categories: Government, Public Record, Attorney Fees
J. Pearce finds that the district court improperly denied an adoptee’s petition to unseal her birth parents’ records. The adoptee argues knowing the identity of her parents was necessary so the child could know health, genetic or social information about her family. The district court concluded she had failed to establish good cause for the records, but focused solely on the mother’s privacy. This case is remanded to evaluate the motion and correctly balance the weight of the mother’s privacy with why the adoptee wants the records. Reversed.
Court: Utah Supreme Court, Judge: Pearce, Filed On: February 22, 2024, Case #: 20221097, Categories: Family Law, Public Record, Privacy
J. Kilbane finds the lower court improperly granted the hospital's motion in limine to exclude the estate's expert witness. The physician testified with the required degree of medical certainty the hospital's failure to recognize symptoms of acidosis and renal dysfunction was the proximate cause of the decedent's death. Although the physician could not testify the exact cause of the decedent's ischemic bowel, such specificity was not necessary to establish proximate cause; therefore, the expert testimony should have been admitted and the hospital's motion for summary judgment denied. Reversed.
Court: Ohio Court Of Appeals, Judge: Kilbane, Filed On: February 22, 2024, Case #: 2024-Ohio-659, Categories: Experts, Wrongful Death, Medical Malpractice
J. Hoffstadt finds the trial court improperly denied a stepfather’s motion for removal from the sex offender registry after he sexually battered his seven-year-old stepdaughter. He was charged with lewd and lascivious acts with a minor and was sentenced to six months in jail with five years of probation. The stepfather has not reoffended and has registered as a tier two sex offender in an excess of 20 years. Therefore, this case is remanded for him to be removed from the registry. Reversed.
Court: California Courts Of Appeal, Judge: Hoffstadt, Filed On: February 22, 2024, Case #: B324852, Categories: Sex Offender, Child Victims
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J. Gilliam Jr. allows a few narrow securities claims to proceed against C3, an AI software company, and Baker Hughes, an oil company, from investors who say the two companies entered into a software services agreement with each other without telling investors about certain sales issues or that it would result in a restructuring of C3's own salesforce. The bulk of the claims fail for not showing any proof of what exactly investors lost or what securities laws were violated during the software agreement. The only claims that proceed are those premised on the claim that investors were not fully informed on how much of Baker Hughes' salesforce was going to be involved in selling C3's software.
Court: USDC Northern District of California, Judge: Gilliam Jr. , Filed On: February 22, 2024, Case #: 4:22cv1413, NOS: Securities/Commodities/Exchange - Other Suits, Categories: Securities
J. Wendlandt denies the defendant’s motion for a new trial, after he was sentenced to life in prison without the possibility of parole after he and two others attempted to rob a victim, who fought back and then was shot and killed by the defendant. The court decided not to apply its abolition of felony-murder, as an independent theory of liability for murder in the first and second degrees, retroactively to the defendant’s case or any other case. This does not violate his equal protection rights because, even though the theory was abolished for disproportionately adversely affecting racial minorities, its impact cannot be “traced to a discriminatory purpose.” Affirmed.
Court: Massachusetts Supreme Court, Judge: Wendlandt, Filed On: February 22, 2024, Case #: SJC-12405, Categories: Murder, Robbery, Equal Protection
J. White finds the Kentucky Supreme Court misapplied U.S. Supreme Court precedent when it determined a criminal defendant's upbringing can only outweigh aggravating circumstances if it provides a rationale for the charged offenses and, therefore, it improperly denied defendant's request for habeas relief on ineffective assistance claims. Defendant's attorney provided almost no mitigation evidence during the penalty phase of his trial despite the "most severe and unimaginable level of physical and mental abuse" he encountered during his childhood, which prejudiced him and requires habeas relief as to the penalty phase that resulted in a death sentence. Reversed.
Court: 6th Circuit, Judge: White, Filed On: February 22, 2024, Case #: 17-6032, Categories: Death Penalty, Habeas, Ineffective Assistance
[Consolidated.] J. Zmuda finds the trial court properly granted permanent custody of both children to family services. Although the grandmother had a strong bond with each child and followed the department's case plan, she had an unstable housing situation and the children had thrived since being placed with their foster family. Affirmed.
Court: Ohio Court Of Appeals, Judge: Zmuda, Filed On: February 22, 2024, Case #: 2024-Ohio-686, Categories: Evidence, Family Law
J. Kruger finds the court of appeals improperly rejected defendant’s argument that the gang enhancements amendment required two or more gang members to commit the two required predicate offenses. Defendant was convicted for false imprisonment, burglary and forced oral copulation, and sentenced to 20 years in prison and an indeterminate term of 90 years to life, including the 10-year gang enhancements. The prosecution failed to present evidence as to whether the offenses were committed to benefit a gang, so the case is remanded to reconsider the gang enhancement. Reversed.
Court: California Supreme Court, Judge: Kruger, Filed On: February 22, 2024, Case #: S275746, Categories: Burglary, Constitution, Gangs
J. Bryson allows plaintiff to continue defamation claims contending coworkers falsely stated up the chain of command that plaintiff "had relapsed, was fired, and had gone crazy," which constituted a plausibly defamatory statement.
Court: USDC Delaware, Judge: Bryson, Filed On: February 22, 2024, Case #: 1:23cv148, NOS: Employment - Civil Rights, Categories: Employment, Defamation
J. Harris finds the lower court improperly granted summary judgement to the police officer. There is still genuine dispute over whether the officer knew that the German shepherd he shot was actually tethered somewhat unconventionally to a 25-foot zip line connecting two trees in the yard. Affirmed.
Court: 4th Circuit, Judge: Harris, Filed On: February 22, 2024, Case #: 22-2120, Categories: Evidence, Police Misconduct
J. Diaz finds the lower court properly denied the correctional officers motion for summary judgement. The officer, accused of forcing an employee she mistook for a prisoner to strip search, is not entitled to qualified immunity because body cavity or strip search of a prison employee is reasonable only if officials have reasonable and individualized suspicion the employee is carrying contraband. Affirmed.
Court: 4th Circuit, Judge: Diaz, Filed On: February 22, 2024, Case #: 21-1960, Categories: Constitution, Police Misconduct, Prisoners' Rights
J. Gallagher finds the lower court properly denied the father's motion to amend his filings to include arguments regarding custody of the child. The mother did not consent to litigate the issue of custody at the hearing intended solely to determine whether the father received adequate parenting time under the couple's shared parenting plan; therefore, any discussion of that issue by the father would have violated the mother's due process rights. Affirmed.
Court: Ohio Court Of Appeals, Judge: Gallagher, Filed On: February 22, 2024, Case #: 2024-Ohio-661, Categories: Civil Procedure, Family Law, Due Process
J. Hellman finds the trial court properly granted summary judgment to the property owners on the renter's claims and awarded attorney fees. “Even though the record demonstrates that defendants knew that mold and spores had been present…that fact—without more—is insufficient to support a determination that defendants had actual notice that the property was uninhabitable…during plaintiff’s tenancy.” Affirmed.
Court: Oregon Court of Appeals, Judge: Hellman, Filed On: February 22, 2024, Case #: A176244, Categories: Landlord Tenant, Attorney Fees
J. DeVore finds the post-conviction court properly denied relief on defendant’s claim for ineffective assistance. “Given that trial counsel challenged the victim’s credibility…and asked the trial judge to employ its common sense and judgment, counsel reasonably could decline to object to the prosecutor’s corresponding comments in rebuttal.” Affirmed.
Court: Oregon Court of Appeals, Judge: DeVore, Filed On: February 22, 2024, Case #: A178931, Categories: Ineffective Assistance
J. Crother finds that the district court properly granted an order on a mother's motion to relocate the parties' children to the Minneapolis, Minnesota area. The father argues that the court placed too much significance on the mother's new marriage. Affirmed
Court: North Dakota Supreme Court, Judge: Crothers, Filed On: February 22, 2024, Case #: 2024ND31, Categories: Family Law
j. Crothers finds that the district court properly entered judgment finding defendant guilty of reckless endangerment and terrorizing. Defendant claims that the court was in error by accepting and then rejecting a binding plea agreement, which required him to go to trial on the original charges. Defendant also argues that the district court judge was biased against him and was incorrect in not granting his motion to recuse. The judge stated the evidence would support a jury finding him guilty on all four counts, which led to a motion of recusal, but that comment was made in a hearing which was not in front of a jury. Affirmed.
Court: North Dakota Supreme Court, Judge: Crothers, Filed On: February 22, 2024, Case #: 2024ND29, Categories: Evidence, Plea
J. Collins finds that the district court properly entered default judgment against defendants, who engaged in insurance fraud. The district court concluded that defendants repeatedly failed to obey court orders related to discovery and entered default judgment against them. The district court also entered distinct sanctions on defendants. Affirmed.
Court: 9th Circuit, Judge: Collins, Filed On: February 22, 2024, Case #: 22-55199, Categories: Fraud, Discovery
J. Hurd grants summary judgment to the Onondaga County Sheriff’s Department on a woman’s false arrest, unlawful search and seizure and municipal liability claims stemming from charges that she used counterfeit money to buy groceries at a Wegmans supermarket. It was later discovered that she obtained the fake bills from an ATM installed at the grocery store and was soon after released from police custody. The officer had probable cause at the time to arrest her following a review of in-store surveillance footage and after she admitted to using the counterfeit money.
Court: USDC Northern District of New York, Judge: Hurd, Filed On: February 22, 2024, Case #: 5:18cv837, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Police Misconduct
J. Currault finds for the insurer of a coastal Louisiana hospital district, finding its policy does not cover the medical facility’s loss of income resulting from the state’s suspension of non-emergency procedures during the initial months of the Covid-19 pandemic in 2020. A proper reading of the policy’s communicable disease provision means a disease outbreak must occur at the insured premises, not from people infected from an outbreak elsewhere who show up to the hospital for medical treatment. The hospital’s infectious disease control manager testified it was not until the end of 2021 or 2022 that she reported several hospital-acquired Covid-19 cases, and both dates are past the relevant policy period.
Court: USDC Eastern District of Louisiana , Judge: Currault, Filed On: February 22, 2024, Case #: 2:22cv689, NOS: Insurance - Contract, Categories: Evidence, Business Expectancy, Covid-19
J. Powers finds the trial court erred in denying defendant’s motion for acquittal on a burglary charge. “The state failed to adduce sufficient evidence to prove that he knew or believed that the person who invited him into the motel room lacked authority to do so.” Reversed.
Court: Oregon Court of Appeals, Judge: Powers, Filed On: February 22, 2024, Case #: A176643, Categories: Burglary, Evidence
J. Lagesen finds the juvenile court properly exercised jurisdiction over a father’s child. “The evidence shows that, absent intervention, the circumstances pose a nonspeculative risk of harm to [the child’s] wellbeing.” Affirmed.
Court: Oregon Court of Appeals, Judge: Lagesen, Filed On: February 22, 2024, Case #: A181624, Categories: Family Law
J. Tookey finds the trial court properly denied defendant’s motion for acquittal on a theft of services charge. “The fact that a business has busy times and slow times does not render its facilities as something other than business facilities.” Affirmed.
Court: Oregon Court of Appeals, Judge: Tookey, Filed On: February 22, 2024, Case #: A178897, Categories: Evidence, Theft
J. Powers finds the trial court properly denied defendant eligibility for sentence reduction programs or early release. Since defendant did not object to the denial of eligibility in court, his argument is unpreserved for appeal. Affirmed.
Court: Oregon Court of Appeals, Judge: Powers, Filed On: February 22, 2024, Case #: A178368, Categories: Sentencing