140 results for 'filedAt:"2023-07-14"'.
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J. St. Eve finds that the lower court improperly dismissed a prisoner's claims against a prison kitchen supervisor, individually, after he suffered severe burns from tripping while carrying a bucket of boiling water across the damaged kitchen floor. The dangerous floor condition, plus the supervisor's order requiring the prisoner to carry scalding water across it, may given rise to a potential Eighth Amendment claim against the supervisor who was present while inmates were carrying hot water in this manner and must have been aware of the danger. Reversed in part.
Court: 7th Circuit, Judge: St. Eve, Filed On: July 14, 2023, Case #: 21-2393, Categories: Constitution, Prisoners' Rights
J. Laplante grants a landlord’s motion to exclude its tenant’s gathered expert opinions regarding recommended HVAC repairs from what will be presented to a jury. The tenant planned to use the expert opinions to show that the landlord failed to make recommended repairs as part of the tenant’s defense for nonpayment of rent, but the tenant failed to disclose that it had gathered such expert opinions within the required timeframe.
Court: USDC New Hampshire, Judge: Laplante, Filed On: July 14, 2023, Case #: 1:21cv1070, NOS: Rent Lease & Ejectment - Real Property, Categories: Evidence, Landlord Tenant, Experts
J. Krause finds that the trial court was within its discretion not to conduct a full resentencing when it struck a prior prison term enhancement and reduced defendant's 26-year sentence by one year. The trial court struck the enhancement pursuant to Senate Bill 483. A full resentencing is only available if defendant follows the procedure of the Three Strikes Reform Act to seek discretionary relief. Affirmed.
Court: California Courts Of Appeal, Judge: Krause, Filed On: July 14, 2023, Case #: C097389, Categories: Sentencing, Kidnapping
J. Valihura finds that the introduction of recordings of prison phone calls in defendant's robbery trial was not unduly prejudicial because the jury knew defendant had been incarcerated at the time since he admitted during trial that he was in prison. Affirmed.
Court: Delaware Supreme Court, Judge: Valihura, Filed On: July 14, 2023, Case #: 408, 2022, Categories: Evidence, Fair Trial
J. Arnold finds that the district court properly denied defendant habeas relief from his sodomy conviction for having sex with a person under 14 years old based on testimony from the victim's teacher that the child had been under 14 at the time of the crime, as well as evidence that she had a 15-year-old brother and had been entering the seventh grade when the abuse occurred. Affirmed.
Court: 8th Circuit, Judge: Arnold , Filed On: July 14, 2023, Case #: 22-1722, Categories: Evidence, Sex Offender
J. Jones finds the district court improperly granted the rapper NBA YoungBoy’s motion to suppress a video showing him, a felon, violating federal gun laws. The rapper had no constitutionally protected property interest or reasonable expectation of privacy in the footage on a memory card belonging to a videographer his company hired for promotional purposes. Reversed.
Court: 5th Circuit, Judge: Jones, Filed On: July 14, 2023, Case #: 22-30435, Categories: Constitution, Evidence, Firearms
J. Welbaum finds that the trial court improperly denied the estate administrator's motion for a new trial for the medical malpractice and wrongful death complaint, which alleges that the home health care service's medical treatment to decedent caused his death. The trial court improperly gave instructions disqualifying jurors from further participation in deliberation. "The fault was in prohibiting the full jury from considering both negligence and proximate cause, and that deprivation was not harmless because it involved the right to have a full jury deliberate the case." Reversed in part.
Court: Ohio Court Of Appeals, Judge: Welbaum, Filed On: July 14, 2023, Case #: 29652, Categories: Jury, Wrongful Death, Medical Malpractice
J. Sulek finds that the trial court properly sentenced defendant to 38 months in prison after he pleaded no contest to improperly handling firearms in a motor vehicle and to not complying with a police officer. The trial court is not required to give emphasis to any one factor, such as the convict's claim that it should have the focused on the seriousness and recidivism factors, though the trial court's failure to discuss this does not necessarily mean that it did not consider that factor. Affirmed.
Court: Ohio Court Of Appeals, Judge: Sulek, Filed On: July 14, 2023, Case #: L-22-1265, Categories: Firearms, Sentencing
J. McDonald finds against the debtor's claim that there is an implicit debt carve-out in P.A. 21-161 for debts before its Oct. 1, 2021 effective date, which arises from the debtor filing a bankruptcy petition under the U.S. Bankruptcy Code's homestead exemption in November 2021. The parties disagree as to whether P.A. 21-161 was a procedural or substantive amendment for purposes of § 55-3, but it is moot because the increased homestead exemption in P.A. 21-161 does not constitute retroactive legislation, and the debtor's bankruptcy proceeding happened after the act's effective date.
Court: Connecticut Supreme Court, Judge: McDonald, Filed On: July 14, 2023, Case #: SC20746 , Categories: Bankruptcy
J. Graves finds the district court properly denied the officers’ motion for summary judgment seeking qualified immunity from the homeowner’s unlawful entry and excessive force claims arising from the officers’ search for a murder suspect which resulted in an innocent 78-year-old man being attacked by a police dog. The officers are not entitled to qualified immunity from the unlawful entry claims, though the canine officer is entitled to qualified immunity for any force employed from the moment he entered the house. Affirmed in part. Reversed in part.
Court: 5th Circuit, Judge: Graves, Filed On: July 14, 2023, Case #: 22-30241, Categories: Immunity, Police Misconduct
J. Sanchez finds that the trial court erred in awarding sole custody to a mother. The rebuttable presumption that a party who committed domestic violence may not gain sole or joint custody was not in play during proceedings for a domestic violence restraining order because neither party sought custody or a modification of custody. Reversed in part.
Court: California Courts Of Appeal, Judge: Sanchez, Filed On: July 14, 2023, Case #: G061528, Categories: Family Law
J. Gray finds that the lower court properly denied a motion to suppress evidence regarding defendants' drug convictions. They moved to suppress more than 300 pounds of marijuana found during a traffic stop, with defendants claiming the trooper pursued their car without probable cause. The pursuit and subsequent stop stemmed from expired registration on the vehicle, which is a well established justification for a traffic stop. Affirmed.
Court: Wyoming Supreme Court, Judge: Gray, Filed On: July 14, 2023, Case #: S-22-0302, Categories: Drug Offender, Evidence, Search
J. Fujisaki holds that the trial court had discretion to modify a domestic violence temporary restraining order without findings of changed circumstances. A trial court may modify a restraining order to allow exceptions that are consistent with parallel dissolution proceedings. Affirmed.
Court: California Courts Of Appeal, Judge: Fujisaki, Filed On: July 14, 2023, Case #: A164713, Categories: Family Law
J. Kennedy finds that the lower court properly denied the appellants' motion for class certification in this lawsuit concerning the use of "redemption cards" by a sports card manufacturer. The redemption cards are used in place of actual autographed cards when the autographed cards are unavailable. The consumers brought claims under the Texas Deceptive Trade Practices Act, but they fail to show that "common legal issues predominate." Affirmed.
Court: Texas Courts of Appeals, Judge: Kennedy, Filed On: July 14, 2023, Case #: 05-22-01338-CV, Categories: Civil Procedure, Consumer Law, Class Action
J. Douglass finds the district court properly granted summary judgment to the vessel owner in this claim brought by the longshoreman who was injured by slipping on grain dust on the deck of the vessel, alleging the owner’s failure to pay maintenance and cure, unseaworthiness and vessel negligence. The longshoreman was not a full-time employee but was assigned strictly to perform “discrete tasks” on vessels mid-stream in the Mississippi river, after which his connection to the vessels ended. Though the longshoreman has collected workers compensation benefits, he has not put forth evidence proving his seaman status or vessel negligence. Affirmed.
Court: 5th Circuit, Judge: Douglass, Filed On: July 14, 2023, Case #: 22-30488, Categories: Maritime, Negligence, Workers' Compensation
J. Kirsch finds that the lower court properly found for the debt collector in a Fair Debt Collection Practice Act suit alleging it improperly called a woman 12 times in connection with her husband's debt. The bona fide error defense shields the debt collector from liability. Affirmed.
Court: 7th Circuit, Judge: Kirsch, Filed On: July 14, 2023, Case #: 22-1272, Categories: Debt Collection
Per curiam, the Texas Supreme Court conditionally grants the civilly committed individual's petition for mandamus relief. The individual petitioned the court of appeals for writ of habeas corpus and alternatively requested that the court consider it a petition for a writ of mandamus. The court of appeals must reconsider the individual's habeas corpus petition as a petition for writ of mandamus per his request.
Court: Texas Supreme Court, Judge: Per curiam, Filed On: July 14, 2023, Case #: 22-1076 , Categories: Commitment, Habeas
J. Mayle finds that the trial court properly designated the former wife as the sole residential parent and legal custodian over the two minor children. The former husband could not have been awarded custody of his children as he was still in prison at the time. Affirmed.
Court: Ohio Court Of Appeals, Judge: Mayle, Filed On: July 14, 2023, Case #: L-22-1169, Categories: Family Law
J. Autrey grants Volvo's motion to apply North Carolina law to this motor vehicle action accusing the truck manufacturer of failing to equip the subject semi-truck with crash avoidance technology or appropriate seatbelt equipment. While the underlying accident occurred in Missouri, none of the parties have any significant connection to Missouri, whereas Volvo has its principal place of business in North Carolina.
Court: USDC Eastern District of Missouri, Judge: Autrey, Filed On: July 14, 2023, Case #: 4:21cv214, NOS: Motor Vehicle - Torts - Personal Injury, Categories: Vehicle, Product Liability, Choice Of Law
J. Smith grants the Texas Department of Family and Protective Services' petition for mandamus relief, vacating the trial court’s award of a new trial to a father whose parental rights were terminated in a previous trial. The trial court granted the new trial on the grounds that the father was not given adequate time to prepare for the original proceeding. The father’s plenary power had expired when he submitted his request for a new trial, thus making the trial court’s granting of the motion improper. Reversed.
Court: Texas Courts of Appeals, Judge: Smith, Filed On: July 14, 2023, Case #: 03-23-00155-CV, Categories: Civil Procedure, Family Law
J. Benton finds that the district court properly sentenced defendant for second-degree murder after she shot and killed her husband. Second-degree murder is a crime of violence, and defendant exhibited malice afterthought after she caught her husband cheating. Affirmed.
Court: 8th Circuit, Judge: Benton , Filed On: July 14, 2023, Case #: 22-2471, Categories: Intent, Murder, Sentencing
J. Goldberg finds that the trial court improperly dismissed claims challenging the decision denying a refund exceeding $4.2 million for motor fuel taxes assessed on the purchase and sale of 300,000 barrels of oil. The decision imposing the tax after denying plaintiff a certificate as a motor fuel distributor provided standing, and the parties to the settlement lacked incentive to challenge the tax, since plaintiff was required to reimburse such under the terms of the contract. Meanwhile, the doctrine of administrative finality did not apply because such requires denial of the initial application for tax relief.
Court: Rhode Island Supreme Court, Judge: Goldberg, Filed On: July 14, 2023, Case #: 21-116, Categories: Administrative Law, Settlements, Tax