52 results for 'filedAt:"2023-12-26"'.
J. Winmill denies a county prosecutor's and attorney general's motion to dismiss a lawsuit challenging the constitutionality of Idaho’s Vulnerable Child Protection Act, which precludes health care professionals from providing medical treatment to transgender children for gender dysphoria. "Idaho’s Vulnerable Child Protection Act violates the Fourteenth Amendment." The individuals' motion for a preliminary injunction is granted, as they have shown a strong likelihood of success on the merits of their claims. "Attorney General Labrador and Ada County Prosecutor Bennetts and their successors in office are enjoined from enforcing any provision of House Bill 71 during the pendency of this litigation."
Court: USDC Idaho, Judge: Winmill, Filed On: December 26, 2023, Case #: 1:23cv269, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights
J. DuBow finds that the lower court improperly entered summary judgment in favor of a salon in this action against an insurance company regarding whether the tenant is considered a co-insured on its landlord’s fire insurance coverage. The salon had no reasonable expectation that it was a “co-insured” on the policy according to the lease. Reversed.
Court: Pennsylvania Superior Court, Judge: DuBow, Filed On: December 26, 2023, Case #: J-A21017-23, Categories: Civil Procedure, Insurance, Property
J. Kobes finds a lower court improperly denied a group of county jail officials' motion for qualified immunity concerning a detainee's claims of excessive force. The detainee, who had violated probation, argued that jail house Sergeants failed to protect him from cruel and unusual punishment after they shot chemical spray in his face when he spat at them after flooding his cell. However, jailhouse officials presented sufficient evidence in court that he was repeatedly warned to stop his constant misbehavior, which was captured on video footage, and that the chemical spray was used in short bursts. Reversed in part.
Court: 8th Circuit, Judge: Kobes, Filed On: December 26, 2023, Case #: 22-1603, Categories: Evidence, Immunity
J. Grasz finds a lower court properly dismissed a construction company's contract claims against an insurer. The construction company argued that the insurer is obligated to cover damages after one of its drivers crashed a company truck. However, the insurance company sufficiently showed in court that the construction company did not actually hire the driver as an insured employee. Affirmed.
Court: 8th Circuit, Judge: Grasz, Filed On: December 26, 2023, Case #: 23-1043, Categories: Employment, Insurance, Contract
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J. Pirtle finds the trial court improperly divided the marital estate. The case must be remanded so the trial court can recalculate the property division involving property and assets held by each party prior to marriage, farming property and assets acquired during the marriage, and property left to the husband during the marriage by his parents. Reversed in part.
Court: Nebraska Court Of Appeals, Judge: Pirtle , Filed On: December 26, 2023, Case #: A-22-897, Categories: Family Law, Property, Contract
J. Riedmann finds the trial court properly overruled the father's complaint to modify a custody order and parenting plan. The mother received sole physical and legal custody of the son after the father incurred a broken back, traumatic brain injury and bleeding in his brain from a car accident. Though the father has since married and has responsibility for his new wife's children, he has been found to have a greater earning capacity than his monthly disability benefits. He has failed to show a material change in circumstances to warrant modification. Affirmed.
Court: Nebraska Court Of Appeals, Judge: Riedmann , Filed On: December 26, 2023, Case #: A-23-093, Categories: Family Law, Guardianship, Contract
J. Bishop finds the district court properly affirmed its entry of a domestic abuse protection order against a woman's ex-boyfriend. Sufficient evidence involving the ex-boyfriend's uninvited entry into her home, his threats and assault, and calling her from a "no caller ID" telephone number support the order. Furthermore, he placed her in fear of bodily injury by way of credible threat implied by a combination of his conduct and communications. Affirmed.
Court: Nebraska Court Of Appeals, Judge: Bishop , Filed On: December 26, 2023, Case #: A-23-271, Categories: Evidence, Domestic Violence, Restraining Order
J. Easter finds the lower court properly revoked a portion of defendant’s probation. Defendant pleaded guilty to sexual battery and received a five-years sentence suspended to probation. Defendant violated the terms of his probation when he violated a no-contact order and was arrested after a domestic disturbance with his ex-girlfriend. The lower court did not err when it partially revoked his probation, ordering him to serve one year in jail then be returned to probation. Affirmed.
Court: Tennessee Court of Criminal Appeals, Judge: Easter, Filed On: December 26, 2023, Case #: E2023-00881-CCA-R3-CD, Categories: Probation, Sex Offender, Restraining Order
J. Pfeiffer finds that the lower court improperly granted a new trial following entry of a "no fault" jury verdict on a woman's personal injury claim. It was only after the court recorded the jury's verdict that it decided a statement made by plaintiff's counsel left the jury with the impression that she was keeping evidence from the jury. This ruling is against the logic of the circumstances. Reversed.
Court: Missouri Court Of Appeals, Judge: Pfeiffer, Filed On: December 26, 2023, Case #: WD85971, Categories: Evidence, Tort
J. Feldman finds that the lower court improperly convicted defendant of child rape. The lower court allowed a witness to testify that defendant had sexually abused the victim's sister, despite a pretrial order suppressing any statements on that issue. The lower court should have declared a mistrial after the error and after defendant moved for one, but did not do so. A new trial is necessary as a result. Reversed.
Court: Washington Court Of Appeals, Judge: Feldman, Filed On: December 26, 2023, Case #: 84083-5-I, Categories: Fair Trial, Sex Offender
J. McHugh finds that the lower court properly convicted defendant of being a felon in possession of a firearm. The jury was presented with enough evidence found during a search of his home to find that he was the owner of a firearm and several rounds of ammunition, and the lower court correctly included a prior 2002 conviction when calculating his offender score for sentencing purposes. Affirmed.
Court: 10th Circuit, Judge: McHugh , Filed On: December 26, 2023, Case #: 23-2029, Categories: Firearms, Sentencing
J. Sullivan finds that the district court properly dismissed class securities fraud claims concerning safety statements about a new smoke-free alternative to traditional cigarettes. Statements tied to scientific studies that used general but subjective terms were properly treated as opinion rather than fact, and statements interpreting federal scientific data were per se "reasonable" as a matter of law under existing precedent. Affirmed.
Court: 2nd Circuit, Judge: Sullivan, Filed On: December 26, 2023, Case #: 21-2546, Categories: Fraud, Securities, Class Action
J. Liman partially grants the venture capital firm's motion for a new trial. While the employee proved that the employer violated the terms of the offer letter by failing to pay her a cash bonus. However, the $1.5 million award is excessive. The former employee has the choice between a new trial on damages or a reduced verdict of $450,000.
Court: USDC Southern District of New York, Judge: Liman, Filed On: December 26, 2023, Case #: 1:21cv4283, NOS: Other Contract - Contract, Categories: Employment, Damages, Contract
J. Smith finds the trial court properly imposed consecutive sentences after defendant pleaded guilty to charges that stemmed from child pornography found on his computer and phone. The seriousness of his conduct, which included the downloads of at least 20 separate images, support the sentences. Additionally, the fact that each image involved a separate victim allowed the court to deny defendant's motion to merge various counts of his indictment for sentencing purposes. Affirmed.
Court: Ohio Court Of Appeals, Judge: Smith, Filed On: December 26, 2023, Case #: 2023-Ohio-4823, Categories: Sentencing, Child Pornography
J. Leval finds that the district court improperly found for an insurer of marine cargo destroyed in a warehouse fire. The payout of less than half the garment-trade owner's valuation was deemed the coverage limit since the facility did not meet the policy's definition of "approved location," but that specification was ambiguous and New York law dictates resolution in favor of the insured.
Court: 2nd Circuit, Judge: Leval, Filed On: December 26, 2023, Case #: 22-766, Categories: Insurance
J. Welch finds the lower court properly divided the marital estate and determined custody, child support and alimony in a divorce case. A financial services firm's statements corroborated the husband's testimony regarding contributions and withdrawals, and the lower court's decision to award the marital property to the wife so the children could remain in the home they had always known did not constitute an abuse of discretion. All evidence supports the court's calculations of assets, as well as the best-interest finding involving the children. Affirmed.
Court: Nebraska Court Of Appeals, Judge: Welch , Filed On: December 26, 2023, Case #: A-22-874, Categories: Family Law, Property, Guardianship
J. Riedmann finds the district court properly found in favor of a driver in this motor vehicle negligence action. No expert testimony was presented, and such jury instruction was not warranted. The injured party did not seek lost wages, and no abused of discretion or ineffective assistance is found. Affirmed.
Court: Nebraska Court Of Appeals, Judge: Riedmann , Filed On: December 26, 2023, Case #: A-23-034, Categories: Tort, Vehicle, Negligence
J. Riedmann finds the trial court properly convicted defendant for disorderly conduct, sentencing him to 60 days in jail. An altercation involving the use of a leaf blower ensued when defendant interrupted the worker. The credibility and demeanor of multiple witnesses who claimed they were afraid of defendant support the conviction. Affirmed.
Court: Nebraska Court Of Appeals, Judge: Riedmann , Filed On: December 26, 2023, Case #: A-23-256, Categories: Evidence, Assault, Battery
J. Ayers finds the lower court properly convicted defendant of possession of cocaine with intent to sell or deliver and possession of a firearm after having been convicted of a violent felony, when he pleaded guilty to both crimes. Per his plea agreement he was sentenced to concurrent 10-year sentences with the trial court to determine the way in which he would serve; it chose confinement. Defendant argues that he was erroneously denied probation at his sentencing hearing, but the lower court based its confinement decision on defendant’s criminal history and prior probation violations. The lower court did not abuse its discretion. Affirmed.
Court: Tennessee Court of Criminal Appeals, Judge: Ayers, Filed On: December 26, 2023, Case #: E2023-00241-CCA-R3-CD, Categories: Drug Offender, Firearms, Sentencing
Per curiam, the Ninth Circuit grants the parties’ joint stipulated motion to voluntarily dismiss an appeal and withdraw a question that the panel had certified to the Washington Supreme Court. The matter is remanded for the district court to dismiss all claims against the State Appellants.
Court: 9th Circuit, Judge: Per curiam, Filed On: December 26, 2023, Case #: 21-35912, Categories: Employment
J. Hull finds that the trial court erroneously held that decedent's roommate who received free room and board was not a care custodian under probate law. Free room and board constitute remuneration in exchange for the care of a dependent adult. So, the statutory presumption that a donative transfer to a care custodian is the product of fraud or undue influence applies to the changes decedent made to her trust, will and grant deed that passed all of her property to the roommate. Reversed.
Court: California Courts Of Appeal, Judge: Hull, Filed On: December 26, 2023, Case #: C097301, Categories: Wills / Probate
J. Chen denies for the most part the MTA’s motion for summary judgment and allows an employment discrimination complaint to proceed to trial. The complaint alleges the city transportation agency passed over two experienced attorneys, one a 56-year-old Asian woman and the other a 58-year-old Black woman, for a promotion to the agency’s Bronx Tort Division on the basis of their age, sex and race and instead gave the position to a younger, much less qualified white man. The litigants successfully rebut the agency’s arguments justifying the white candidate’s promotion by alleging they were far more qualified for the position — one of the women has more than 20 years of law experience — and that he did not have the requisite managerial experience. The court leaves it up to a jury to determine whether the agency’s proffered reasons for promoting the white candidate were credible or were instead pretextual.
Court: USDC Eastern District of New York, Judge: Block, Filed On: December 26, 2023, Case #: 1:20cv2827, NOS: Employment - Civil Rights, Categories: Civil Rights, Employment, Employment Discrimination
J. Smith finds the lower court properly found for a garbage truck driver and his employer in a wrongful death case. Evidence in the record proved the garbage truck operator played no part in the fatal accident, including that he obeyed traffic laws and was stopped for more than 16 seconds before the collision, while the decedent made no effort to brake or swerve. Affirmed.
Court: Ohio Court Of Appeals, Judge: Smith, Filed On: December 26, 2023, Case #: 2023-Ohio-4760, Categories: Evidence, Negligence, Wrongful Death
Per curiam, the circuit finds that the district court properly declined to alter a jury verdict awarding damages for violations of an agreement settling trademark infringement claims because the Swedish company that misused its mark under the settlement failed to challenge disgorgement and punitive damages as awarded at trial. Affirmed.
Court: 2nd Circuit, Judge: Per curiam, Filed On: December 26, 2023, Case #: 22-2993, Categories: Civil Procedure, Settlements, Trademark
J. Stevens finds that the lower court properly upheld the revocation of the man's driving privileges after he had an accident and a breath test found his blood alcohol content was nearly three times the legal limit. At the hospital, however, the man refused to consent to a blood draw to complete the DUI investigation. While the man was not physically restrained by police at the time of his arrest, due to his being in a hospital bed, the arrest was valid and the man indicated he understood he was under arrest. Affirmed.
Court: Missouri Court Of Appeals, Judge: Stevens, Filed On: December 26, 2023, Case #: ED111737, Categories: Miranda, Search, Dui