217 results for 'filedAt:"2023-08-09"'.
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J. McClarty finds the lower court properly found a wife guilty of indirect criminal contempt for violating a trial court’s restraining order prohibiting her from making allegations against the husband using any public platform. Despite the injunction, she participated in an interview with a local newspaper that published an article about the divorce and her allegations of domestic assault against the husband. But the lower court improperly found her guilty of indirect criminal contempt for a Facebook post she was ordered to take down then modified and reposted, because the husband’s petition only referenced the newspaper article. The matter is remanded to the lower court to determine appropriate punishment. Reversed in part.
Court: Tennessee Court of Appeals, Judge: McClarty, Filed On: August 9, 2023, Case #: W2021-01288-COA-R3-CV, Categories: Restraining Order, Contempt
J. Osterhaus finds that the trial court properly ruled for a web-based company in claims challenging a memo in which the department of health warned local medical marijuana providers against contracting with the website for order hosting. The memo constituted a "rule," and the order hosting company established standing. Affirmed.
Court: Florida Courts Of Appeal, Judge: Osterhaus , Filed On: August 9, 2023, Case #: 1D21-3501, Categories: Jurisdiction, Contract
J. Windhorst finds that the trial court improperly sentenced defendant to 16 years imprisonment at hard labor for distribution of methamphetamine. The trial court incorrectly deviated from the 20-year mandatory minimum sentence for a fourth-felony offender. The reasons given by the trial court for finding defendant exceptional based on his age, military history, cooperative behavior during incarceration and other factors are insufficient to warrant the downward deviation from the mandatory minimum sentence. Vacated.
Court: Louisiana Court Of Appeal, Judge: Windhorst, Filed On: August 9, 2023, Case #: 22-KH-300, Categories: Drug Offender, Sentencing
J. Royal grants the city's and officials' motion to dismiss a civil rights action brought by the individual alleging that she was wrongfully arrested after getting caught in a city park after dark. The individual was not charged with any crime and the officer let her go when her father arrived to pick her up. The officer had arguable probable cause to arrest the individual for obstructing his investigation of suspected criminal activity in the park and is therefore entitled to qualified immunity. The individual failed to allege that any unconstitutional policy or custom of the city's caused the alleged violation of her rights.
Court: USDC Middle District of Georgia, Judge: Royal, Filed On: August 9, 2023, Case #: 3:22cv109, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights
J. Ellender finds that the trial court properly sentenced defendant to two consecutive 13-year hard labor sentences for his aggravated criminal damage to property convictions. The sentences are not unconstitutionally excessive. Defendant engaged in a shooting spree which put multiple lives in danger, including the life of his own one-year-old child. The trial court correctly considered the sentencing guidelines and was permitted to consider the fact that defendant was also charged with attempted second degree murder. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Ellender, Filed On: August 9, 2023, Case #: 55,241-KA, Categories: Sentencing, Property Crimes
J. Zayas finds that while the jury found defendant not guilty of the firearm specifications within the attempted murder charge, the trial court properly denied defendant's motion to set aside the attempted murder conviction. Testimony he was hired to commit the murder alongside several others and evidence he burned his clothing after the crime was sufficient to support the conviction. While the guilty verdict may have been somewhat inconsistent, given the victim died from a gunshot wound and defendant was found to not have been in possession of a weapon, the inconsistency can be explained by compromise or leniency on the part of the jury. Affirmed.
Court: Ohio Court Of Appeals, Judge: Zayas, Filed On: August 9, 2023, Case #: 2023-Ohio-2742, Categories: Firearms, Jury, Murder
J. Stratton finds that the trial court properly dismissed a U.S. company's allegations that a French company low-balled the auction price of a portfolio of patents created by the U.S. company as time-barred. The demurrer was supported by the U.S. company's failure to show that it acted in good faith in French litigation over the patents that began in 2009. But the U.S. company may amend its complaint because its argument that a 2012 discovery proceeding in a French court supports an equitable tolling claim. Reversed.
Court: California Courts Of Appeal, Judge: Stratton, Filed On: August 9, 2023, Case #: B319338, Categories: Civil Procedure, Patent, Discovery
J. Joseph grants an Eleventh Amendment immunity request by the Louisiana Department of Environmental Quality, dismissing the state regulatory agency from a land contamination suit by neighboring property owners of a now-closed pipe valve manufacturing facility. Although the state agency remained an “active participant” in the litigation, the agency previously indicated that it did not intend to waive its Eleventh Amendment immunity by such participation.
Court: USDC Western District of Louisiana , Judge: Joseph, Filed On: August 9, 2023, Case #: 1:22cv263, NOS: Land Condemnation - Real Property, Categories: Environment, Immunity, Agency
J. Ortega finds the juvenile court properly changed three children’s permanency plans from reunification to adoption. “Father and mother still lack insight into the traumatic impact of the excessive discipline they administered and supported.” Affirmed.
Court: Oregon Court of Appeals, Judge: Ortega, Filed On: August 9, 2023, Case #: A180233, Categories: Juvenile Law
Per curiam, the court of appeals finds that a father's parental rights were properly terminated because he threatened to sue or kill service providers, and a test revealed he was not the biological father. Affirmed.
Court: Iowa Court Of Appeals, Judge: Per curiam, Filed On: August 9, 2023, Case #: 23-0489, Categories: Family Law
J. Greer finds that a father's parental rights were improperly terminated because evidence did not indicate he abandoned his child. The father had been denied visitation while incarcerated and maintained phone communication. Reversed.
Court: Iowa Court Of Appeals, Judge: Greer, Filed On: August 9, 2023, Case #: 23-0315, Categories: Family Law
J. Vernoia finds the trial court improperly found law enforcement officers waited a reasonable time after knocking before forcibly entering defendant's home and arresting him for drug and weapons charges. There was no evidence that defendant had a violent criminal history, and the prior conviction for resisting arrest did not provide a basis for concluding that defendant posed a risk of violence. Reversed.
Court: New Jersey Appellate Division, Judge: Vernoia , Filed On: August 9, 2023, Case #: A-3379-21, Categories: Search
J. Africk denies requests by investors, developers, and other indemnitors to dismiss for lack of jurisdiction claims for collateral by an insurance bonding company, arising from a general contractor’s default on two state bridge construction contracts. One Louisiana-based indemnitor argued unpersuasively that a family court at Baton Rouge has “exclusive jurisdiction” over the insurer’s intervention to block a separation of community property by the business owner and his wife — after 20 years of marriage — as an attempt to defraud the insurer of its rights under the bridge-building indemnity agreement. The insurer’s request for a preliminary injunction does not ask the federal court to determine whether the former couple’s partition of assets in family court constitutes bad faith or fraud. Rather, the insurer seeks a judgment for collateral related to the $18.5 million dispute over the bridge-building indemnity agreement signed by the husband.
Court: USDC Eastern District of Louisiana , Judge: Africk, Filed On: August 9, 2023, Case #: 2:23cv1723, NOS: Other Contract - Contract, Categories: Family Law, Fraud, Indemnification
J. Hellman finds the Workers’ Compensation Board properly upheld an Administrative Law Judge's determination denying benefits to a sheepherder who needed an appendectomy. There was no evidence “that the trip to the local clinic and 90-minute drive to the hospital caused his complications from the appendicitis.” Affirmed.
Court: Oregon Court of Appeals, Judge: Hellman, Filed On: August 9, 2023, Case #: A177556, Categories: Workers' Compensation
J. Blane finds that defendant was properly denied acquittal after he threatened to shoot police in a standoff and headbutted an officer in jail. Defendant contends he did not knowingly impede officers who were attempting to serve him with an arrest warrant, but he had placed guns all throughout his house and shot them when officers approached. Affirmed.
Court: Iowa Court Of Appeals, Judge: Blane, Filed On: August 9, 2023, Case #: 22-1305, Categories: Sentencing, Assault
J. Byrne finds that the trial court improperly ruled against a construction firm in a breach of contract case brought by a homeowner alleging that it improperly built a retaining wall on the property. The construction firm was not a party named in the contract signed by the homeowner; therefore, it cannot be held liable for the breach of contract claims. Reversed.
Court: Texas Courts of Appeals, Judge: Byrne, Filed On: August 9, 2023, Case #: 03-22-00457-CV, Categories: Property, Damages, Contract