156 results for 'filedAt:"2023-10-04"'.
J. Moore affirms the defendant's first-degree murder conviction, finding that the state has provided sufficient evidence to prove that the defendant intended to kill his victim when, while using methamphetamine, he entered his neighbor's home and stabbed her with a kitchen knife. Evidence that the defendant was exhibiting paranoid delusions at the time does not preclude him from having intended to kill his neighbor.
Court: Minnesota Supreme Court, Judge: Moore, Filed On: October 4, 2023, Case #: A22-0718, Categories: Drug Offender, Intent, Murder
Per curiam, the Minnesota Supreme Court finds that the Lawyers Professional Responsibility Board's conclusion that attorney Adam Klotz has not undergone the requisite moral change for reinstatement was not clearly erroneous. The attorney's repeated characterization of his misconduct, which involved misappropriating client funds and attempting to conceal his conduct by drawing up false records, as a "mistake" demonstrates a failure to accept responsibility for the misconduct.
Court: Minnesota Supreme Court, Judge: Per curiam, Filed On: October 4, 2023, Case #: A22-0523, Categories: Attorney Discipline
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[Consolidated.] J. Shah grants the Southeastern Conference’s motion to dismiss eight former college football players’ claims for fraud, negligence, breach of contract and unjust enrichment. The ex-football players all suffered concussions while on their respective college teams and accuse the Southeastern Conference of failing to enact “adequate concussion treatment, concussion management safety protocols, and return-to-play guidelines.” Instead they claim the conference, seeking to turn a profit on the players, allowed them to be rushed back into games and practices while they were still injured. The court, however, agrees with the conference that it lacks personal jurisdiction over these claims.
Court: USDC Northern District of Illinois, Judge: Shah, Filed On: October 4, 2023, Case #: 1:16cv8727, NOS: Other Personal Injury - Torts - Personal Injury, Categories: Education, Fraud, Negligence
J. Daniel grants the American Board of Psychiatry and Neurology’s motion to dismiss an antitrust class action brought by a class of psychiatrists and neurologists. The class claims the board has illegal monopoly control over issuing certification for practicing psychiatrists and neurologists, via a specific certification program that practitioners must pay for. However, the court finds that the class has failed to sufficiently show how this program is distinct from other “continuing educational products” which are offered by other providers.
Court: USDC Northern District of Illinois, Judge: Daniel, Filed On: October 4, 2023, Case #: 1:19cv1614, NOS: Antitrust - Other Suits, Categories: Antitrust, Health Care, Class Action
J. Moeller vacates the lower court’s judgment in favor of a trust because the suing trust did not have standing to assert their claims objecting to the establishment of an affordable housing project on county land designated for public use. Costs, though not attorney fees, are issued to the sued housing authority, housing trust and county.
Court: Idaho Supreme Court, Judge: Moeller, Filed On: October 4, 2023, Case #: 48799, Categories: Trusts, Housing
J. Golemon finds the trial court properly convicted defendant for aggregate theft by appropriating funds from her employer in the amount of $358,154 over the course of four years. The certified fraud examiner testified that defendant stole from her employer by writing unauthorized checks and deleting the transactions from QuickBooks, altering checks from customers and using company funds to pay for personal items. Though defendant argued that there was consent due to a sexual relationship she had with the owner, the owner denies this. All evidence supports the convictions and was properly admitted; certain claimed errors are not preserved. Affirmed.
Court: Texas Courts of Appeals, Judge: Golemon, Filed On: October 4, 2023, Case #: 09-21-00206-CR, Categories: Fraud, Theft, Embezzlement
J. Lie finds the trial court improperly granted the water district’s petition for a writ of mandate challenging the county’s approval of California-American Water Company’s application for a permit to construct the desalination plant and other facilities in an unincorporated part of Monterey County as part of its Monterey Peninsula Water Supply Project. The county’s statement of overriding considerations justifying the project was supported by substantial evidence and any remaining deficiency in the statement as an informational document was not prejudicial. The water district does not dispute that the California Public Utilities Commission’s environmental impact report identified remedial mitigation measures, or that the county adopted them, and the water district has shown no basis for continuing concern with the project’s consistency with the policies. Reversed and remanded.
Court: California Courts Of Appeal, Judge: Lie, Filed On: October 4, 2023, Case #: H049146, Categories: Construction, Environment, Water
J. Ledet finds that the trial court properly found for the owner of a vacant tire shop on the adjoining property owners' negligence action arising out of a fire that started in the tire shop and spread to their properties. In this case, the cause of the fire is unknown, and the adjoining property owners cannot establish a genuine issue of material fact as to the tire shop owner's fault. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Ledet, Filed On: October 4, 2023, Case #: 2023-CA-0142, Categories: Evidence, Negligence
J. Brown finds that the trial court properly ruled in favor of the neighbor in a declaratory judgment action brought by an individual to establish an easement for a sewer line on the neighbor's property. There are no genuine issues of fact as to whether the individual has an easement by prescription for the original sewer line which was disconnected. The individual cannot show that her possession of the original underground sewer line on the neighbor's land was public under the statute. Affirmed.
Court: Georgia Court of Appeals, Judge: Brown, Filed On: October 4, 2023, Case #: A23A1068, Categories: Property
J. Wood finds the Workers Compensation Commission properly denied the Development Center employee’s claim for benefits for a back injury sustained when she was assisting an obese client in getting up from a couch. The commission weighed the medical evidence, concluding that the prescription for muscle spasms was not an objective finding of an injury in light of evidence. The commission specifically found the claimant’s testimony that she suffered from muscle spasms as a result of the injury not credible and found “no probative evidence of record demonstrating that she was suffering from muscle spasms.” The court of appeals defers to the commission’s finding. Affirmed.
Court: Arkansas Court Of Appeals, Judge: Wood, Filed On: October 4, 2023, Case #: CV-22-699, Categories: Health Care, Tort, Workers' Compensation
J. Schlegel finds that the trial court should not have found for a homebuyer on her claim that her real estate agent did not verify the living area square footage before buying the house. The agent did not owe the buyer a duty to determine whether an enclosed patio in the living area was included in the square footage measurement. The buyer had the responsibility to hire a third party to verify the accuracy of the square footage of the home during the inspection period. Reversed.
Court: Louisiana Court Of Appeal, Judge: Schlegel, Filed On: October 4, 2023, Case #: 23-C-321, Categories: Property, Real Estate, Contract
J. Tijerina conditionally grants the relator's petition for a writ of mandamus, in which he challenges certain interim orders in the underlying suit affecting the parent-child relationship. The lower court abused its discretion with the orders, and the relator "lacks an adequate remedy by appeal." Accordingly, he is entitled to mandamus relief, and the interim orders should be vacated.
Court: Texas Courts of Appeals, Judge: Tijerina, Filed On: October 4, 2023, Case #: 13-23-00371-CV, Categories: Civil Procedure, Family Law
J. Currey finds the county court properly issued a five-year domestic violence restraining order against the ex-husband at the request of his former spouse. Upon the couple’s engagement, the 48-year-old male purchased a $4 million insurance policy on the 27-year-old female’s life for his benefit. He told her the policy’s death benefit was $1 million, and she became aware of the actual amount through discovery in these proceedings. The couple maintained contact via email through the stages of the declining relationship, which included many violent threats by the husband, accusations of cheating and instances of stalking. All evidence supports the order. The ex-wife is awarded attorney fees as well as the insurance policy with benefits to a charity of her choice. Affirmed.
Court: California Courts Of Appeal, Judge: Currey, Filed On: October 4, 2023, Case #: B313470, Categories: Insurance, Restraining Order, Attorney Fees
J. DeGravelles denies a request by the secretary of Louisiana’s correctional department to exclude an email he wrote in 2016 from a class action alleging Louisiana has been unlawfully overdetaining thousands of prisoners each year and that the Secretary has known about the state’s misconduct since at least 2012. The secretary unsuccessfully argues that the email is irrelevant, has not been authenticated and that its late production is untimely and unfair. The state official’s objection “rings exceedingly hollow.” Not only did the secretary turn over the email in discovery, he authored the letter which is relevant in that it tends to show that there was an overdetention problem in Louisiana which he and the state recognized before a former inmate filed suit in 2020.
Court: USDC Middle District of Louisiana, Judge: DeGravelles, Filed On: October 4, 2023, Case #: 3:20cv233, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Constitution, Discovery
J. Klappenbach finds the circuit court properly divided the parties’ property in this divorce decree. The ex-husband’s receiving of a portion of the value of the ex-wife’s niece’s home is proper as marital funds were used for the home’s improvement and to pay its monthly mortgage and utilities. Half of the wife’s work bonus that she had hidden and lied about was properly awarded to the husband. The wife was not awarded interest in the husband’s premarital home, premarital vehicle and marital retirement funds, and has not demonstrated that the court clearly erred. The circuit court was required, as the trier of fact, to determine the credibility of witnesses and to resolve conflicting testimony and its resolution of disputed facts will not be disturbed. Affirmed.
Court: Arkansas Court Of Appeals, Judge: Klappenbach, Filed On: October 4, 2023, Case #: CV-21-588, Categories: Evidence, Family Law, Property
J. Brown finds the circuit court properly extended a protective order against the boyfriend. The girlfriend has stated that the boyfriend has a history of domestic abuse, including an arrest. She reported that he started being physically, verbally and mentally abusive to her, threatened to kill himself if she tried to leave him, and has threatened to wreck his car and kill them both. He also punched her, pulled her hair and threw shotgun shells and hit her in the face. He does not contest that there was sufficient evidence to support the extension, but there was no testimony that his son witnessed or was victim to the violence, or that he was ever in fear of harm from his father. The court’s order of protection as to the son was erroneous. Affirmed in part. Reversed and dismissed in part.
Court: Arkansas Court Of Appeals, Judge: Brown, Filed On: October 4, 2023, Case #: CV-22-490, Categories: Evidence, Assault, Restraining Order
[Consolidated.] Per curiam, the Fifth Circuit finds the trial court properly revoked defendant’s term of supervised release after completing his prison sentence on drug charges. In addition to the violations, defendant also pled guilty to new federal charges of conspiracy to possess with the intent to distribute meth and possession of a firearm in furtherance of a drug trafficking crime. All evidence supports the revocation and defendant’s extensive criminal history supports the court’s application of a career criminal sentencing enhancement. Affirmed.
Court: 5th Circuit, Judge: Per curiam, Filed On: October 4, 2023, Case #: 22-50895, Categories: Drug Offender, Firearms, Probation
J. Molaisson finds that the trial court properly granted an employer's motion for partial summary judgment, dismissing an injured motorist's claims against the employer for the vicarious liability of its employee driver. In this case, the employee driver had completed the delivery of the package for the employer and there is no evidence that he accepted another delivery or that he was conducting any further work business on behalf of the employer. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Molaison, Filed On: October 4, 2023, Case #: 22-CA-586, Categories: Evidence, Negligence
J. Lipman approves the proposed settlement in this antitrust case alleging that the Varsity defendants "maintained monopoly power" in the all-star cheerleading market. The court finds the settlement to be "fair, reasonable and adequate, and in the best interest of the Settlement Classes." The direct purchaser plaintiffs' motion for attorney fees will also be granted.
Court: USDC Western District of Tennessee , Judge: Lipman, Filed On: October 4, 2023, Case #: 2:20cv2600, NOS: Antitrust - Other Suits, Categories: Antitrust, Settlements, Attorney Fees
Per curiam, the appellate division finds that the lower court properly ordered the sex offender committed to a secure facility. The state presented clear and convincing evidence that the offender suffers from a mental abnormality and will continue to commit sex offenses if released. Affirmed.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: October 4, 2023, Case #: 05003, Categories: Sex Offender, Commitment
J. Perluss finds the county court improperly issued the civil harassment protective order in favor of the attorney who represented the husband in proceedings alleging domestic violence brought by the wife, and against the wife’s attorney. Though an employee testified that the attorney, seeking documents at the other attorney’s office, wedged himself in the door when asked to leave and took his phone out to record as he exclaimed “You’re hurting me!,” though inappropriate, certain of the conduct was partially protected and failed to cause severe emotional distress. The evidence does not support the order. Reversed and remanded.
Court: California Courts Of Appeal, Judge: Perluss, Filed On: October 4, 2023, Case #: B311524, Categories: Emotional Distress, Restraining Order, Attorney Discipline
J. Hixson finds the trial court properly convicted defendant for possession of drug paraphernalia, felon in possession of a firearm and criminal use of a prohibited weapon, sentencing him to consecutive prison terms of six, six, and three years. Defendant tested positive for meth six days before a police search and his wife testified that he is a recreational user. This established that defendant had access to meth. During the search of defendant’s bedroom, the police found used syringes with residue as well as unused syringes in proximity to baggies containing meth. All evidence supports the convictions. The case is remanded to correct clerical errors on the sentencing order. Affirmed and remanded.
Court: Arkansas Court Of Appeals, Judge: Hixson, Filed On: October 4, 2023, Case #: CR-23-128, Categories: Drug Offender, Evidence, Firearms