179 results for 'filedAt:"2023-12-19"'.
J. Gard finds a lower court improperly granted a defendant's motion for release of transcripts from his second jury proceeding. The defendant, who was indicted on one count of manslaughter, argued that he is entitled to his request. However, the State presented sufficient evidence in court that his request is not based on "furtherance of justice." Reversed.
Court: Arizona Court Of Appeals Division Two, Judge: Gard, Filed On: December 19, 2023, Case #: 2 CA-SA 2023-78, Categories: Jury, Manslaughter
J. Combs finds the appeals court improperly vacated the trial court in an underlying action, in which a mother sought to have her husband adopt her out-of-wedlock child without the consent of the natural father. Though the appeals court agreed there was insufficient evidence the father willfully failed to support, it also found the mother had established a case the father did not maintain a substantial and positive relationship with the child. Evidence shows the mother would not give the father her address and blocked him on her phone and social media, and the father thought she and the child were living in another city based on the information he had. The trial court made no specific finding as to the sufficiency of the father's legal efforts to establish a relationship. Vacated.
Court: Oklahoma Supreme Court, Judge: Combs , Filed On: December 19, 2023, Case #: 120431, Categories: Evidence, Family Law, Guardianship
J. Mitchell partly grants a community information company's motion to leave to file a third amended complaint against a competitor. The community information company sufficiently showed that the competitor violated the parties' customer agreement by ordering information from it and reselling it at a higher price, in violation of its trade secrets.
Court: USDC Kansas, Judge: Mitchell, Filed On: December 19, 2023, Case #: 2:22cv2475, NOS: Other Contract - Contract, Categories: Trade Secrets, Contract
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J. Dale denies in part a gym's motion for stay of monetary judgment pending appeal. The gym has "not met their burden in demonstrating the need to depart from the requirement of a full supersedeas security bond." A coach sufficiently alleges that the gym "promised to execute and record a deed of trust pledging certain real estate as collateral under" the Head Coach Employment Agreement, but the gym never executed the pledge. If the gym fails to post the $2.3 million bond in full by January 3, 2024, the stay will be lifted.
Court: USDC Idaho, Judge: Dale, Filed On: December 19, 2023, Case #: 1:20cv380, NOS: Other Contract - Contract, Categories: Contract
J. McLaughlin finds that the lower court improperly granted a lime product manufacturer’s motion for summary judgment holding that the suing workers could not pierce the veil in this suit over their asbestos exposure. The asbestos-exposed employees produced evidence that, in practice, the manufacturer and shipbuilding company acted as a single entity, and that the manufacturer left the shipbuilder with inadequate assets to satisfy foreseeable asbestos liabilities. Reversed.
Court: Pennsylvania Superior Court, Judge: McLaughlin, Filed On: December 19, 2023, Case #: J-A15029-23, Categories: Civil Procedure, Insurance, Asbestos
[Consolidated.] J. Wecht finds that the lower court improperly determined that a classified corrections officer was entitled to preference for a promotion he was passed over for in favor of a non-classified employee under Pennsylvania. The ascension of the unclassified employee to a classified service position with higher pay with the same public employer is did not constitute a “promotion,” the scenario where preference would be relevant; it constitutes an appointment because it is based on merit. Reversed in part.
Court: Pennsylvania Supreme Court, Judge: Wecht, Filed On: December 19, 2023, Case #: J-26A-2023, Categories: Civil Procedure, Employment, Government
J. Stiglich finds the trial court properly convicted defendant for conspiracy and murder with the use of a deadly weapon. Defendant suspected the victim had a romantic relationship with his girlfriend, and he and an accomplice went to the girlfriend's apartment complex and shot the victim to death. The admission of text messages not proven to have been written by defendant was harmless error, particularly in light of defendant's confession and other evidence supporting the conviction. Defendant and the accomplice's defenses were not mutually exclusive and so there was no error in the trial court's denying defendant's motion to sever the cases. Affirmed.
Court: Nevada Supreme Court, Judge: Stiglich , Filed On: December 19, 2023, Case #: 83972, Categories: Evidence, Murder, Weapons
J. Loken finds a lower court properly dismissed a livestock feed company's contract claims against an international reseller, who provides livestock products to customers in China. The international reseller argued that it was not obligated to pay for products sold by the livestock feed company after the Chinese government banned the MIR 162 genetic trait. However, the court lacks personal jurisdiction over the allegations. Affirmed.
Court: 8th Circuit, Judge: Loken, Filed On: December 19, 2023, Case #: 22-2800, Categories: Jurisdiction, Contract
J. Petty finds the immigration judge improperly granted the Department of Homeland Security’s motion to terminate the conditional permanent resident's removal proceedings. After his divorce from a U.S. citizen, he filed a petition to remove conditions on his permanent residence. Immigration services concluded he had married in order to evade immigration laws and terminated his resident status. The immigration judge granted his petition for review but did not thoroughly consider the resident's petition to remove conditions or his objection to termination. Without this review, the resident is left in “legal limbo," no longer being a lawful permanent resident, while not having been found deportable. Vacated.
Court: Board of Immigration Appeals, Judge: Petty , Filed On: December 19, 2023, Case #: 4069, Categories: Immigration, Due Process
J. Marion finds a lower court ruled correctly in convicting defendant of felony stalking. Defendant argued that Facebook messages had been entered into evidence without proper authentication, but since the messages contained “internal characteristics” that were consistent with defendant’s writing style and his relationship with the victim, this court cannot say that the lower court abused its discretion or that jurors were unreasonable in determining the messages were from him. Affirmed.
Court: Texas Courts of Appeals, Judge: Marion, Filed On: December 19, 2023, Case #: 08-23-00109-CR, Categories: Evidence, Jury, Tort
J. Wang dismissed claims brought against a school district after a part-time guest speaker for an after-school organization suggested that students who were not comfortable in their bodies were transgender and offered prizes to students who declared themselves as being such, while pressuring those who would not do so, because the concerned parties had not alleged their minor children were in the school district.
Court: USDC Colorado, Judge: Wang, Filed On: December 19, 2023, Case #: 1:23cv1117, NOS: Education - Civil Rights, Categories: Civil Rights, Education
[Consolidated.] J. Pinson finds that the trial court properly convicted defendants of murder, armed robbery and other offenses. Sufficient evidence was presented to support defendants' convictions, including evidence that a witness identified one defendant as the shooter. The trial court did not commit any error in instructing the jury on conspiracy over the objection of one defendant because there was ample evidence supporting the jury charge. Affirmed.
Court: Georgia Supreme Court, Judge: Pinson, Filed On: December 19, 2023, Case #: S23A0881, Categories: Murder, Robbery, Conspiracy
J. McMillian grants the parking lot owner's petition for writ of certiorari and finds that the appeals court improperly overturned the trial court's order imposing evidence spoliation sanctions in a premises liability action arising from injuries the individual suffered in a trip-and-fall incident. The appeals court incorrectly found that the trial court failed to consider the subsequent remedial measures rule in its analysis of the spoliation issue. Consideration of the rule was not necessary to the resolution of the issues. Vacated.
Court: Georgia Supreme Court, Judge: McMillian, Filed On: December 19, 2023, Case #: S23G0795, Categories: Sanctions, Premises Liability
J. Hamilton finds that the lower court properly upheld the Social Security Administration's decision not to award the applicant disability insurance benefits because his insured status for those benefits expired five weeks before he was found to have been disabled. The administrative law judge was not required to consult a medical expert to determine whether the applicant became disabled before the dates of his earliest relevant medical records. Affirmed.
Court: 7th Circuit, Judge: Hamilton, Filed On: December 19, 2023, Case #: 22-1972, Categories: Administrative Law, Social Security