158 results for 'filedAt:"2023-12-07"'.
J. Harpool grants the medical device maker's motion to dismiss a product liability suit filed by a patient who claims that her SmartPort CT-Injectable Port, implanted for the purpose of her ongoing chemotherapy, caused her to become infected and develop sepsis. The patient's claims are untimely, as she knew or should have known at the time she underwent surgery to remove the port in 2013, that the product was responsible for her injuries.
Court: USDC Western District of Missouri, Judge: Harpool, Filed On: December 7, 2023, Case #: 2:23cv4066, NOS: Personal Injury - Health Care/Pharmaceutical Personal Injury/Product Liability - Torts - Personal Injury, Categories: Civil Procedure, Product Liability
J. Cooper transfers a black female worker's employment discrimination case against the Department of Education to the Northern District of Georgia. The worker should have filed in that district, as it is her home forum, it is the department's preferred forum and most of the events underlying her case occurred there.
Court: USDC District of Columbia, Judge: Cooper, Filed On: December 7, 2023, Case #: 1:22cv3316, NOS: Employment - Civil Rights, Categories: Venue, Employment Discrimination, Employment Retaliation
J. Wallach upholds the probate court's order authorizing the use of psychoactive medications on defendant, who was found incompetent to stand trial on aggravated robbery and assault with a deadly weapon charges. Evidence indicates defendant lacks the capacity to make decisions regarding his medications. Affirmed.
Court: Texas Courts of Appeals, Judge: Wallach, Filed On: December 7, 2023, Case #: 02-23-00290-CV , Categories: Commitment
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J. Wood finds the circuit court properly denied defendant's petition for post-conviction relief from his conviction for multiple drug-related felonies. The presence of an HBO documentary film crew during the search of defendant's home did not violate rights against unreasonable search and seizure. Any questions as to the legality of the film crew's presence would not render the judgment void. Counsel pursued evidence suppression and claims of ineffective assistance are not supported. Affirmed.
Court: Arkansas Supreme Court, Judge: Wood, Filed On: December 7, 2023, Case #: CR-23-160, Categories: Drug Offender, Evidence, Search
J. Webb finds the circuit court properly denied defendant's petition for a writ of mandamus or prohibition. Defendant was convicted after the annotation of a cited code eliminating parole eligibility for violent offenders, and defendant's prior offenses of armed robbery and home invasion support application of the code. Affirmed.
Court: Arkansas Supreme Court, Judge: Webb , Filed On: December 7, 2023, Case #: CV-23-284, Categories: Parole, Sex Offender
J. Womack finds the trial court properly convicted defendant for rape and sexual assault, sentencing him to life in prison. A series of accusations and law enforcement interviews led to defendant confessing to the rape of a developmentally challenged girl, the sexual assault of another, and the rape of two others. Defendant did not invoke his right to remain silent during the interviews, and the evidence was properly admitted. Arkansas rules of evidence state that evidence should not be excluded unless its probative value is outweighed by unnecessary repetition. Testimony of certain victims supported the confession and statements of other victims, contradicting defendant's claims they were lying. Affirmed.
Court: Arkansas Supreme Court, Judge: Womack , Filed On: December 7, 2023, Case #: CR-23-84, Categories: Evidence, Sex Offender
J. Webb finds the trial court properly convicted defendant for first-degree murder, aggravated residential burglary and second-degree battery based on sufficient evidence. The 11-year-old daughter of a resident testified she was sleeping when defendant kicked in the door, following which she heard gunshots and screaming. Her father sustained a head wound and another resident was shot and killed. Other witnesses corroborated the testimony and evidence was found being held by defendant's associates, including the gun used in the shooting. Affirmed.
Court: Arkansas Supreme Court, Judge: Webb , Filed On: December 7, 2023, Case #: CR-23-102, Categories: Evidence, Murder, Assault
J. Shepherd finds a lower court properly resentenced a defendant to 240 months in prison for playing a role in a drug ring that sold cocaine. The defendant argued that he is entitled to another sentence reduction. However, the government sufficiently showed in court that he faced a life sentence, which was reduced under the First Step Act.
Court: 8th Circuit, Judge: Shepherd, Filed On: December 7, 2023, Case #: 22-3040, Categories: Drug Offender
J. Delaney recommends granting, in part, default judgment to a glass infuser seller on its trademark infringement and unfair competition claims against a smoke shop. Although the seller sufficiently supported its claim for damages, it is entitled to only $5,000, rather than the requested $150,000, as it did not identify the marks or specify the number of marks within the shop.
Court: USDC Eastern District of California, Judge: Delaney, Filed On: December 7, 2023, Case #: 2:22cv2034, NOS: Trademark - Property Rights, Categories: Trademark, Damages
J. Warby finds a lower court properly dismissed a business man's defamation claims against a consulting company. The business man, who founded the Conservative Friends of the Middle East and North Africa, argued that the consulting company published memos, falsely claiming he was a threat to national security. However, the consulting company sufficiently showed in court that its memos failed to ignite a "defamatory impact" on the business man's reputation.
Court: Her Majesty's Court of Appeal, Judge: Warby, Filed On: December 7, 2023, Case #: CA-2023-1253, Categories: Defamation
J. Kernodle grants default judgment to the company in a breach of contract suit, in which the accused solar business did not pay for lead generation services. The default judgment is appropriate based on the relevant factors, and the company stated proper claims for relief and is owed actual damages of $169,617, plus $3,920 in attorney fees.
Court: USDC Eastern District of Texas , Judge: Kernodle, Filed On: December 7, 2023, Case #: 6:23cv392, NOS: Other Contract - Contract, Categories: Civil Procedure, Contract
J. Alikhan suspends prosecutors Mary Chris Dobbie and Reagan Taylor for six months, stayed in lieu of one year probation. Although the attorneys failed to disclose exculpatory information to the defense during an assault case, there is no evidence of bad faith and they both have clean records.
Court: DC Court of Appeals, Judge: Alikhan, Filed On: December 7, 2023, Case #: 21-BG-0024 , Categories: Attorney Discipline
J. Alikhan upholds defendant's conviction for receiving stolen property based on evidence he robbed an individual in Maryland, boarded a train and traveled to D.C., where he was arrested with the stolen goods. The record shows he possessed the stolen goods within the district, as required by statute. Affirmed.
Court: DC Court of Appeals, Judge: Alikhan, Filed On: December 7, 2023, Case #: 22-CM-0878 , Categories: Theft
J. Pennell finds that the lower court properly ruled against a homeless organization that sought to challenge a Spokane ballot initiative that expands on a camping ban at certain locations around the city. The organization claims the initiative conflicts with state law and falls outside local initiative powers, but those claims do not pass legal muster. The state law they claim it conflicts with is not centered around homelessness regulations, but is instead mostly concerned with data and performance metrics. The initiative in question also falls well within the definition of an exercise of police powers, making it appropriate for the ballot. Affirmed.
Court: Washington Court Of Appeals, Judge: Pennell, Filed On: December 7, 2023, Case #: 39924-9-III, Categories: Civil Rights, Elections, Municipal Law
J. Hurson partially grants summary judgment in favor of a bank in this lawsuit claiming a former banker was discriminated and retaliated against in violation of the Americans with Disabilities Act. The banker states that she was wrongfully terminated after the bank supervisors made negative remarks about her disability to both her and her husband and berated her when she requested to use her FMLA leave. She fails to establish prima facie or to point out a genuine dispute on the discrimination, retaliation and failure to accommodate claims. She was consistent in her recollection of events and did provide a genuine dispute on the hostile work environment claim.
Court: USDC Maryland, Judge: Hurson, Filed On: December 7, 2023, Case #: 8:22cv1759, NOS: Amer w/Disabilities-Employment - Civil Rights, Categories: Ada / Rehabilitation Act, Employment Discrimination, Employment Retaliation
J. Gonzalez finds that the lower court properly convicted defendant of murder and arson. Defendant claims on appeal that his convictions should be overturned on the grounds that his legal counsel should have been present at a preliminary hearing where his bail was set. While it is true his counsel should have been present for that hearing, it was not a critical stage of the prosecution against him and the violation did not influence the ultimate verdict against him. Affirmed.
Court: Washington Supreme Court, Judge: Gonzalez, Filed On: December 7, 2023, Case #: 101159-8, Categories: Fair Trial, Murder, Arson
[Consolidated.] J. Freyre finds the lower court properly granted the mother's motion for significantly more parenting time with the special needs child despite ordering equal parenting time for the other children. Her skills as a registered nurse allow her to provide proper medical treatment and, therefore, the division of parenting time was in the child's best interest. Meanwhile, the father's withholding of marital assets after the court ordered the division of property allowed it to assess prejudgment interest on the mother's portion of several bank accounts, although the case must be remanded to allow for a correction of the date on which the interest began to accrue. Affirmed in part.
Court: Colorado Court Of Appeals, Judge: Freyre, Filed On: December 7, 2023, Case #: 2023COA116, Categories: Family Law, Sanctions
J. Huntsman denies the plaintiff homeowners' motion to strike certain expert testimony in this breach of contract lawsuit against the defendant insurance company. The homeowners allege that their home was damaged by wind and hail and that the insurance company failed to adequately compensate their loss. The court now finds that the expert's report is admissible, as he has "a sufficient basis to support his opinion."
Court: USDC Northern District of Oklahoma , Judge: Huntsman, Filed On: December 7, 2023, Case #: 4:21cv432, NOS: Insurance - Contract, Categories: Insurance, Experts
Per curiam, the appellate division finds that an inmate was properly found guilty of violating prison rules concerning a yard fight in which another inmate suffered face injuries because hearing testimony and the detailed incident report established the inmate used a net bag containing a rock to assault the other inmate. However, charges of possessing a weapon and contraband should be dismissed as moot. Affirmed.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: December 7, 2023, Case #: CV-22-2168, Categories: Criminal Procedure, Assault, Prisoners' Rights
Per curiam, the appellate division finds that an inmate was properly found guilty of violating prison rules by assaulting another inmate in a fight because hearing testimony and video footage amply established the inmate punched with closed fists and used a sharpened piece of wood in the course of the fight. Affirmed.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: December 7, 2023, Case #: CV-23-0129, Categories: Assault, Prisoners' Rights
J. Flynn finds that, in these consolidated juvenile dependency cases, parents challenge judgments of the juvenile court that changed the “placement preference” for parents’ children from mother’s home to “foster care” of substitute care outside of the home, the Appeals Court erred in denying the claims. “The ‘some speculation’ standard that the Court of Appeals employed incorrectly excused DHS from its burden to prove that resolution of the appeals would have no practical effect on parents’ rights.” Reversed.
Court: Oregon Supreme Court, Judge: Flynn, Filed On: December 7, 2023, Case #: S070051, Categories: Family Law
J. Tijerina finds that the lower court improperly awarded a metal building to the appellee. The promissory note at issue does not clearly indicate that the metal building would be conveyed if the appellant "failed to repay the loan within three weeks." The rest of the judgment is due to be affirmed, however. Reversed in part.
Court: Texas Courts of Appeals, Judge: Tijerina, Filed On: December 7, 2023, Case #: 13-22-00431-CV, Categories: Banking / Lending, Contract
J. Fox finds the trial court erroneously excluded evidence of defendant's mental illness during her trial on murder and vehicular homicide. The evidence was crucial to the defense's explanation of her calm affect following the incident and was supported by the testimony of an expert witness. Testimony that defendant had previously been diagnosed with a mental illness and failed to take her medications in the days leading up to the incident would not have supported an insanity plea, but rather were indicative of her mental state and should have been admitted by the court. Reversed.
Court: Colorado Court Of Appeals, Judge: Fox, Filed On: December 7, 2023, Case #: 2023COA115, Categories: Evidence, Murder, Experts