206 results for 'filedAt:"2024-04-10"'.
Per curiam, the appellate division finds that the lower court properly denied the employer's motion to dismiss a suit seeking unpaid wages. The employees adequately claim they were not paid minimum wage for all hours worked and did not receive overtime compensation when due. However, the employees made no allegations regarding the frequency of pay, so their third cause of action should be dismissed. Affirmed in part.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: April 10, 2024, Case #: 01905, Categories: Employment
J. Murray finds that the lower court properly sentenced defendant for driving under the influence and careless driving. The evidence, a police-recorded video of defendant swerving over lines on the road and the fact that his pupils were dilated, sufficed to sentence defendant for a DUI. Affirmed.
Court: Pennsylvania Superior Court, Judge: Murray, Filed On: April 10, 2024, Case #: J-S37036-23, Categories: Evidence, Sentencing, Dui
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J. Pepper gives the citizen until June 7, 2024, to file an amended complaint in his pro se lawsuit claiming excessive force and other violations of his rights during two confrontations with police in the 1990s, as the current complaint fails to state clear claims and, as currently pleaded, the claims in the current complaint appear to be time-barred.
Court: USDC Eastern District of Wisconsin, Judge: Pepper, Filed On: April 10, 2024, Case #: 2:23cv614, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Police Misconduct
J. Guzman finds that a company guilty of misappropriation of trade secrets committed misappropriation willfully and maliciously, but does not award exemplary damages even though they would be warranted. Punitive damages have already been awarded, so exemplary damages run the risk of being unfairly duplicative.
Court: USDC Massachusetts, Judge: Guzman, Filed On: April 10, 2024, Case #: 4:21cv10572, NOS: Defend Trade Secrets Act of 2016 (DTSA) - Property Rights, Categories: Trade Secrets, Damages, Business Practices
J. Devaney finds that an administrative law judge (ALJ) improperly determined that an individual was not entitled to pandemic unemployment benefits in a matter in which the ALJ held that the individual must repay $24,690 in pandemic unemployment benefits he received from the South Dakota Department of Labor, Reemployment Assistance Division. However, the lower court properly determined attorney fees. Affirmed in part.
Court: South Dakota Supreme Court, Judge: Devaney , Filed On: April 10, 2024, Case #: 2024SD19, Categories: Employment, Covid-19, Attorney Fees
J. Tucher finds that the trial court abused its discretion in admitting hearsay testimony from an alleged victim's mother in defendant's sexual abuse trial. The statements victim made to her mother did not meet the spontaneous statement exception to the hearsay rule because they were made about events that occurred five years earlier, and came after the victim had reflected on years of molestation and before a final sexual encounter. The convictions for sex offenses over the six years before the victim made a report stand, but the mother's hearsay testimony was the only evidence supporting a count for a lewd act on a child under the age of 14. Reversed in part.
Court: California Courts Of Appeal, Judge: Tucher, Filed On: April 10, 2024, Case #: A165646, Categories: Confrontation, Sex Offender
J. Reidinger denies the University of North Carolina’s motion to stay pending appeal in this ongoing litigation involving a male student accused of sexually assaulting four female students. The male student claims he was falsely accused and a victim of gender discrimination after the university revoked his scholarship and expelled him. Previously, the university’s motion to dismiss the student’s claims were partially denied, specifically because the university failed to establish immunity at this stage in relation to the discrimination claims. Therefore, a stay pending appeal is not warranted.
Court: USDC Western District of North Carolina, Judge: Reidinger, Filed On: April 10, 2024, Case #: 1:23cv41, NOS: Education - Civil Rights, Categories: Civil Rights, Education, Assault
[Consolidated] J. Callahan dismisses three consolidated appeals challenging the district court’s decision to remand each of the underlying product liability actions back to California state court. The three consolidated product liability matters were dismissed for lack of jurisdiction.
Court: 9th Circuit, Judge: Callahan, Filed On: April 10, 2024, Case #: 23-55403, Categories: Product Liability, Jurisdiction
J. Roman finds for the city on an employee's claims she was fired for advocating for anti-racist policies. In the employee's capacity as city planner, she repeatedly attempted to include language to encourage the identification of "anti-racist" strategies for fair housing and economic development, but her supervisor repeatedly removed the word "anti-racist" on the basis that it would alienate some members of the community. The evidence overwhelmingly shows that the employee's speech was made pursuant to her job as a city planner, so it is not protected by the First Amendment.
Court: USDC Southern District of New York, Judge: Roman, Filed On: April 10, 2024, Case #: 7:21cv4009, NOS: Employment - Civil Rights, Categories: Employment Retaliation, First Amendment
J. Hyman finds that this appeal challenging a provision permitting the trial court to impose jail time as a sanction for violation of a pretrial condition of release must be dismissed for lack of jurisdiction. Defendant argues she should be given credit against her future prison sentence, if convicted, for this jail time. However, she filed her petition as an appeal from an order denying pretrial release, and cannot explain how the denial of jail time credit fits within this category.
Court: Illinois Appellate Court, Judge: Hyman, Filed On: April 10, 2024, Case #: 240031, Categories: Criminal Procedure, Bail
J. Robinson finds that defendant was properly convicted of first degree robbery. The record shows no nonfrivolous errors regarding the conviction, and the evidence against defendant is overwhelming. Further, the trial court properly denied defendant's Batson challenge since the state asserted race-neutral reasons for the peremptory strikes of the black jurors. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Robinson , Filed On: April 10, 2024, Case #: 55,582-KA, Categories: Criminal Procedure, Jury, Robbery
J. Thompson finds that the jury properly awarded $3 million in exemplary damages to a driver after she was injured in a collision with the dislodged wheel from a drunk driver's car. In this case, the drunk driver's blood alcohol content was four times the legal limit, and the record shows that he repeatedly failed to disclose the truth of his consumption of alcohol that day and often changed his story to his family and coworkers regarding the circumstances surrounding the accident. Also, the record shows that the drunk driver's conduct of driving while intoxicated was not an isolated incident. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Thompson, Filed On: April 10, 2024, Case #: 55,599-CA, Categories: Evidence, Tort, Damages
J. Cartwright denies the video game company summary judgment for the contract claim in the video game developer's complaint alleging that the company refused to pay the developer royalties for the game "7 Days to Die." The video game company argues that the statute of limitations for the video game developer's claim began when the company first paid him on “net profits after expenses," but the contract in question was part of continuing services, so the statute of limitations does not apply.
Court: USDC Western District of Washington, Judge: Cartwright, Filed On: April 10, 2024, Case #: 3:22cv5718, NOS: Other Contract - Contract, Categories: Contract
J. Stanceu finds that the United States Department of Commerce (Commerce) improperly determined the subsidy duty on narrow woven ribbons with woven selvedge from China. A ribbon company contested Commerce findings, because it used adverse inferences to make its calculations because the Chinese government failed to cooperate with them. Commerce assigned a 10.54 percent subsidy rate because it believed the ribbon company benefited from the Export Buyer’s Credit Program (EBCP), and based its subsidy rate on a program for preferential lending to the Chinese coated paper industry, which it believes is similar to EBCP, but the record does not show sufficient evidence to support that decision. The matter is remanded to Commerce for further consideration.
Court: Court of International Trade, Judge: Stanceu, Filed On: April 10, 2024, Case #: 24-43, Categories: Commerce, Evidence
J. Restani grants in part a company’s motion for summary judgment in this matter concerning the import of bound paper notebooks with calendars. While the United States Customs and Border Patrol classified them as “other” paper products, which carries a duty of 25 percent, the company argues they should be classified as calendars, which are duty-free; the instant courts find that both are incorrect, that they should be classified as “diaries,” which come with a duty rate of 25 percent.
Court: Court of International Trade, Judge: Restani, Filed On: April 10, 2024, Case #: 24-42, Categories: Commerce
J. Bower finds that defendant was properly convicted of assault causing bodily injury for attacking his paramour since the court engaged in a meaningful discussion with defendant regarding his desire to waive counsel. Affirmed.
Court: Iowa Court Of Appeals, Judge: Bower, Filed On: April 10, 2024, Case #: 22-1734, Categories: Assault
J. Smith finds that the trial court properly terminated a mother's parental rights to her child because an independent fact finder would have similarly concluded that the mother endangered her child's well-being due to her use of and arrest for possessing illicit substances. Affirmed.
Court: Texas Courts of Appeals, Judge: Smith, Filed On: April 10, 2024, Case #: 03-23-00707-CV, Categories: Family Law
Per curiam, the appellate division finds that Matthew William Woitkowski shall be suspended from the practice of law in New York as reciprocal discipline for his three-year suspension in New Jersey for record-keeping deficiencies and negligent misappropriation of client funds.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: April 10, 2024, Case #: 01933, Categories: Attorney Discipline
Per curiam, the court of appeals dismisses defendant's appeal. Convicted by a no-contest plea for meth possession, defendant's community supervision was revoked and then dismissed on appeal for deprivation of right to counsel. The trial court then denied defendant's motion to reinstate. The court of appeals does not have jurisdiction when the trial court's order does not adjudicate guilt or acquittal.
Court: Texas Courts of Appeals, Judge: Per curiam, Filed On: April 10, 2024, Case #: 09-24-00086-CR, Categories: Drug Offender, Probation, Jurisdiction
J. Abramson finds the trial court properly convicted defendant for felony video-voyeurism. Defendant, the former executive director for an Alzheimer's assisted-living facility, was discovered by his wife to have placed a camera in a position to record video up the victim's skirt when she entered his office, responding to his request for help. Though defendant's office had windows exposing part of the office to public view, the area behind the desk was not in public view and not open to recording. Affirmed.
Court: Arkansas Court Of Appeals, Judge: Abramson , Filed On: April 10, 2024, Case #: CR-23-472, Categories: Evidence, Sex Offender
J. Barrett finds the trial court properly convicted defendant for murder. After receiving an anonymous tip, officers discovered the victim's decomposing body inside a vacant building. Witness' interviews implicated defendant and an accomplice. The accomplice agreed to testify in exchange for a plea agreement, saying defendant told him he was going to kill the victim for being a snitch. Multiple witnesses saw defendant with a handgun on the day of the murder, saying he was seeking ammunition, while the accomplice said defendant shot the victim in the chest and twice in the face. The accomplice's testimony was sufficiently corroborated. Affirmed.
Court: Arkansas Court Of Appeals, Judge: Barrett , Filed On: April 10, 2024, Case #: CR-23-661, Categories: Evidence, Murder, Witnesses
J. Thapar finds the lower court properly dismissed the estate's Eighth Amendment and wrongful death claims against the prison. It failed to show the inmate had "unfettered access" to illegal drugs prior to his overdose, while the complaint also lacked details about drug use by inmates and, therefore, failed to show the inmate faced an "objectively excessive risk of harm." Affirmed.
Court: 6th Circuit, Judge: Thapar, Filed On: April 10, 2024, Case #: 23-5410, Categories: Civil Rights, Evidence, Wrongful Death