148 results for 'filedAt:"2023-05-16"'.
J. Kennelly partially grants the Chicago public school board’s motion for summary judgment and denies a former student’s motion for summary judgment in this case over compulsory meditation training. The former student says his teachers forced him to sign up for a class on Transcendental Meditation against his will, and didn’t tell him that Transcendental Meditation had links to Hindu spiritual traditions. The court finds the former student has not sufficiently shown that his religious expression rights were infringed upon, so it grants the school board summary judgment on that claim. The former student’s emotional damages and establishment clause claims survive.
Court: USDC Northern District of Illinois, Judge: Kennelly, Filed On: May 16, 2023, Case #: 1:20cv4540, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Damages, First Amendment
J. Kocoras denies a gypsum cement manufacturer’s motion to strike a flooring product manufacturer’s affirmative defenses in this contract dispute, but partially grants its motion to dismiss the flooring product manufacturer’s counterclaims. The court dismisses the flooring product manufacturer’s counterclaims for bad faith dealing, unfair competition and Illinois Uniform Deceptive Trade Practices Act violations. The rest of the claims, including a federal fraud claim, survive.
Court: USDC Northern District of Illinois, Judge: Kocoras, Filed On: May 16, 2023, Case #: 1:22cv268, NOS: Other Contract - Contract, Categories: Fraud, Unfair Competition, Contract
J. Jones finds that the commissioner of internal revenue properly determined a taxpayer was seriously delinquent on federal taxes from 2014-2016 because the record indicates the taxpayer had not attempted to comply with either the installment or the compromise agreement.
Court: U.S. Tax Court, Judge: Jones, Filed On: May 16, 2023, Case #: 2023-61, Categories: Civil Procedure, Tax
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J. Kerrigan finds for the commissioner of internal revenue in this tax deficiency dispute because the organization failed to establish nonprofit status.
Court: U.S. Tax Court, Judge: Kerrigan, Filed On: May 16, 2023, Case #: 2023-62, Categories: Tax
J. McFadden grants a trauma center's motion for attorney fees following its successful Freedom of Information Act case against the Department of Homeland Security. Its requested $200,000 in fees is reduced to $106,000 due, in part, to ambiguous billing and the need for a lower hourly rate.
Court: USDC District of Columbia, Judge: McFadden, Filed On: May 16, 2023, Case #: 1:20cv1128, NOS: Freedom of Information Act (FOIA) - Other Suits, Categories: Immigration, Public Record, Attorney Fees
J. Kafker finds a group of individuals' cases challenging the attorney general's refusal to certify their initiative petition, which would have limited campaign contributions to Super PACs, are moot and must be dismissed. Although their filing with the attorney general was timely, they failed to meet the subsequent deadline to file additional signatures.
Court: Massachusetts Supreme Court, Judge: Kafker, Filed On: May 16, 2023, Case #: SJC-13361 , Categories: Civil Procedure, Elections, Government
J. Wood finds that the trial court improperly convicted defendant of rape of a child because evidence that defendant "previously engaged in
consensual sexual intercourse with an adult woman who had been drinking is not sufficiently similar" to establish defendant intended to engage in sexual acts with the alleged victim after drinking. Affirmed.
Court: North Carolina Court of Appeals, Judge: Wood, Filed On: May 16, 2023, Case #: COA22-130, Categories: Evidence, Sex Offender, Child Victims
[Consolidated.] J. Bethel finds that the trial court improperly granted defendant's pretrial motions to exclude evidence of two prior shootings and to suppress evidence that a witness identified him from a photo. Defendant was indicted for murder and other offenses. The trial court applied an incorrect legal standard in excluding the evidence of the shootings. It is unclear to what extent the trial court considered the likelihood of misidentification with regard to the one-photo lineup given to the witness in light of her familiarity with defendant. Vacated.
Court: Georgia Supreme Court, Judge: Bethel, Filed On: May 16, 2023, Case #: S23A0090, Categories: Evidence, Murder
[Modified.] J. Franson changes several sentences of a consumer case and denies a rehearing with no change in judgment. The trial court improperly dismissed this class action brought against the medical center seeking declaratory and injunctive relief, alleging violations of the unfair competition law and the Consumer Legal Remedies Act in connection with its emergency room billing for an undisclosed “Evaluation and Management Services Fee.” Materiality has been properly alleged, as well as reliance, causation and damages. A party may “prove reliance on an omission by proving ‘that, had the omitted information been disclosed, one would have been aware of it and behaved differently.’” Reversed.
Court: California Courts Of Appeal, Judge: Franson, Filed On: May 16, 2023, Case #: F083197, Categories: Health Care, Class Action, Contract
J. Fearing finds that the lower court properly declared as void a 2020 restrictive
covenant against two individuals that related to whether their homeowners association could amend its covenants to ban or regulate the use of a residence as a vacation rental. To arrive at a different conclusion would be to overrule a Supreme Court precedent, and being an intermediate appellate court, this court lacks that authority. Affirmed.
Court: Washington Court Of Appeals, Judge: Fearing, Filed On: May 16, 2023, Case #: 39299-6-III, Categories: Property, Housing
J. Arterburn finds the district court properly granted summary judgment to the restaurant named in this negligence suit arising from a trip and fall on a sidewalk outside the business, resulting in a broken hip. The injured party failed to meet her burden to prove that a dangerous condition on the sidewalk was the proximate cause of her fall and injuries. No evidence was shown by which a reasonable jury could infer the existence of the alleged dangerous condition. Affirmed.
Court: Nebraska Court Of Appeals, Judge: Arterburn, Filed On: May 16, 2023, Case #: A-22-683, Categories: Evidence, Tort, Negligence
J. Welch finds the district court properly denied defendant’s motion for postconviction relief without an evidentiary hearing. Defendant was convicted for multiple charges of child sexual assault after his adopted daughter made the allegations while receiving medical care for attempted suicide. The record sufficiently refutes defendant’s claim that he was prejudiced by his counsel’s failure to utilize his tractor-trailer driving logs to prove an alibi. The logs did not encompass the entirety of the timeframes as necessary for an alibi defense. Affirmed.
Court: Nebraska Court Of Appeals, Judge: Welch, Filed On: May 16, 2023, Case #: A-22-564, Categories: Evidence, Sex Offender, Child Victims
J. Estudillo finds that the female deputy is entitled to summary judgment on the mother's claim for excessive force as part of her wrongful death lawsuit stemming from the fatal shooting of her son by a male deputy. It was "not clearly established that using a mandibular headlock" to remove the son from his vehicle violated his Fourth Amendment rights. The mother does not identify cases sufficient to put the female deputy on notice that her actions were unlawful, so she is entitled to qualified immunity.
Court: USDC Western District of Washington, Judge: Estudillo, Filed On: May 16, 2023, Case #: 3:22cv5101, NOS: Other Civil Rights - Civil Rights, Categories: Immunity, Wrongful Death, Police Misconduct
J. Holdridge finds that the lower court properly upheld the department's decision to suspend the doctor's medical license for 18 months after he entered into a $900,000 malpractice settlement for the death of a patient following a lipoplasty procedure. There is no basis for the doctor to claim that he did not receive due process during the department's procedure.
Court: Illinois Appellate Court, Judge: Holdridge, Filed On: May 16, 2023, Case #: 220095, Categories: Administrative Law, Medical Malpractice
J. Johnston grants the government’s motion to dismiss the estate of a Roane County man’s civil rights suit against the U.S. Marshals Service for the man’s 2020 shooting death by a Roane County Sheriff’s deputy assigned to a Marshals task force as a special deputy. The court finds, following its prior ruling the deputy was acting in his capacity with Roane County Sheriff’s Department at the time of the shooting, the estate is collaterally estopped from making a claim under the Federal Tort Claims Act the deputy was in acting his role with the Marshals.
Court: USDC Southern District of West Virginia, Judge: Johnston, Filed On: May 16, 2023, Case #: 2:22cv426, NOS: Other Personal Injury - Torts - Personal Injury, Categories: Civil Rights, Wrongful Death, Police Misconduct
J. Baker finds that the trial court properly denied a driver's petition to have his license reinstated. His request for an attorney when asked for breath and blood tests during a DUI investigation were refusals under the implied consent law. Affirmed.
Court: Montana Supreme Court, Judge: Baker, Filed On: May 16, 2023, Case #: DA 22-0604, Categories: Licensing
J. Mitchell finds that the lower court properly found for the city on a man's appeal of his conviction for maintaining a nuisance by operating a salvage and demolition business in violation of a city ordinance. However, the court erred by awarding $8,000 in attorney's fees to the city because the law does not allow recovery of attorneys fees in this kind of action. Affirmed in part.
Court: Missouri Court Of Appeals, Judge: Mitchell, Filed On: May 16, 2023, Case #: WD85487, Categories: Administrative Law, Attorney Fees
J. Ellington finds that the trial court properly convicted defendant of murder, aggravated assault with a deadly weapon and possession of a firearm during the commission of a felony. Sufficient evidence was presented to support defendant's murder conviction, including evidence that defendant planned with others to rob the victim during a drug deal. The trial court correctly refused to give defendant's requested jury charge on voluntary manslaughter as a lesser offense of murder because the evidence did not support the charge. The jury was correctly instructed on conspiracy. Affirmed.
Court: Georgia Supreme Court, Judge: Ellington, Filed On: May 16, 2023, Case #: S23A0034, Categories: Firearms, Murder, Jury Instructions