98 results for 'filedAt:"2024-01-03"'.
[Consolidated] J. Engelhardt finds the district court improperly sentenced defendant, a Barrio Azteca member, for the murder of a U.S. consulate employee in Cuidad Juarez, Mexico, among others. Although the district court believed a consecutive life sentence for each of the murders was mandatory, while this case was pending, the Supreme Court held the bar on concurrent sentences does not extend to a sentence imposed under the applied code. Reversed in part.
Court: 5th Circuit, Judge: Engelhardt , Filed On: January 3, 2024, Case #: 22-50951, Categories: Murder, Sentencing, International Law
J. Elrod denies the El Salvadoran native's petition for review of the Board of Immigration Appeals’ denial of her application for asylum. She failed to show her government would be unable to control her persecutor. Evidence showed the Salvadoran government arrested and detained a man who had raped the petitioner, removed his first two attorneys after they were reported for offering her money to drop the case, and pursued the case even after she stopped cooperating.
Court: 5th Circuit, Judge: Elrod , Filed On: January 3, 2024, Case #: 22-60554, Categories: Evidence, Immigration
J. Ray finds that the board improperly revoked a nurse's license for misconduct since the board failed to find mitigating or aggravating factors to warrant deviating from the standard penalty. Reversed in part.
Court: Florida Courts Of Appeal, Judge: Ray, Filed On: January 3, 2024, Case #: 1D2022-2247, Categories: Licensing
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J. Grasz finds a lower court properly sentenced a defendant to 144 months in prison for one count of receiving child pornography. The defendant argued that the lower court erred in applying a two- level enhancement to his sentence for knowingly distributing child pornography. However, the government sufficiently showed in court that the defendant participated in distributing child pornography on a peer-to-peer file sharing platform from his IP address, and that he used five separate devices to store 168,000 child pornography files. Affirmed.
Court: 8th Circuit, Judge: Grasz, Filed On: January 3, 2024, Case #: 23-1741, Categories: Evidence, Child Pornography
J. Stoll finds that the district court properly denied a glucose monitor manufacturer a preliminary injunction in this patent infringement complaint because the company failed to demonstrate it would suffer irreparable harm if denied the injunction. Affirmed.
Court: Federal Circuit, Judge: Stoll, Filed On: January 3, 2024, Case #: 2023-1795, Categories: Patent, Injunction
J. Lourie finds that the court of federal claims properly denied an alternative fuel mixture tax credit since the court properly concluded butane is not an "alternative fuel" as defined in the statute. Affirmed.
Court: Federal Circuit, Judge: Lourie, Filed On: January 3, 2024, Case #: 2022-1834, Categories: Environment, Tax
J. Seitz finds that the trial court properly reduced the award received by a homeowners' association for water damage caused by faulty construction from $11.3 million to $3 million because the award had been inflated by inadmissible and speculative evidence. Meanwhile, the court properly granted judgment on column damages because evidence did not demonstrate complex-wide damages.
Court: Delaware Supreme Court, Judge: Seitz, Filed On: January 3, 2024, Case #: 94, 2023, Categories: Construction, Damages, Negligence
J. Ledet grants the state’s motion to overturn the trial court’s order providing a 12-person jury for defendant on an assault charge, rather than the six-person jury prescribed by law. Further, the court denied the state’s writ for review of the trial court’s order withdrawing a firearm enhancement for defendant on the same charges. Granted in part.
Court: Louisiana Court Of Appeal, Judge: Ledet, Filed On: January 3, 2024, Case #: 2023-K-0770, Categories: Jury, Sentencing, Assault
J. Keenan finds the lower court improperly denied the post-trial motion for relief from judgment. The police officer accused of excessive force failed to disclose that he had a similar excessive-force lawsuit that had been filed against him. Reversed.
Court: 4th Circuit, Judge: Keenan, Filed On: January 3, 2024, Case #: 21-2060, Categories: Civil Rights, Jury, Police Misconduct
J. Copeland finds for the commissioner of internal revenue in this tax liability dispute based on the evidence. Meanwhile, plaintiff failed to demonstrate he is entitled to relief from accuracy-related penalties.
Court: U.S. Tax Court, Judge: Copeland, Filed On: January 3, 2024, Case #: 2024-1, Categories: Tax
J. Flanagan grants the acting federal secretary of labor’s motion for default judgment against a Mexican restaurant and its owners for alleged labor law violations. Because the restaurant and its owners failed to submit a notice that they would be proceeding pro se or with representation, the court clerk entered default against them in October 2023. The owners are now ordered to pay in excess of $154,000 in back wages and liquidated damages to the department of labor.
Court: USDC Eastern District of North Carolina, Judge: Flanagan, Filed On: January 3, 2024, Case #: 4:20cv189, NOS: Fair Labor Standards Act - Labor, Categories: Government, Labor
J. Bevan holds that the trial court erroneously found that unlawful detainer law conflicts with the constitutional right to a jury trial. Repossession of under 5 acres of land is an equitable question that does not require a jury. However, the tenant's claim that she was evicted in retaliation for making repair requests is a legal question with issues of fact a jury must decide. Affirmed.
Court: Idaho Supreme Court, Judge: Bevan, Filed On: January 3, 2024, Case #: 49976, Categories: Jury, Landlord Tenant
J. Black grants the employer's motion for summary judgment, ruling the employee's failure to respond to its arguments regarding disability discrimination and failure to accommodate claims requires dismissal of those counts. Additionally, the employee's Families First Coronavirus Response Act claim fails, because while she tested positive for Covid-19 and was required to quarantine, she made no allegation she was required to care for a child whose normal caregiver was unavailable.
Court: USDC Southern District of Ohio, Judge: Black, Filed On: January 3, 2024, Case #: 1:22cv382, NOS: Amer w/Disabilities-Employment - Civil Rights, Categories: Ada / Rehabilitation Act, Employment Discrimination
J. Currault grants, in part, a motion to compel filed by a Texas oil and gas pipeline company, ordering the lessee of 27 oyster beds in Louisiana to produce financial records for its eminent domain suit. The pipeline company, an affiliate of the leaseholder, seeks to condemn the lessee’s rights to oyster beds in a 69-acre area of coastal Louisiana in order to build pipeline facilities. The oyster leaseholder's historical financial information is relevant and proportional to the needs of the case.
Court: USDC Eastern District of Louisiana , Judge: Currault, Filed On: January 3, 2024, Case #: 2:22cv5291, NOS: Land Condemnation - Real Property, Categories: Energy, Environment, Discovery
[Consolidated.] J. Abele finds the trial court erroneously imposed a $5,000 fine after defendant pleaded guilty to various drug trafficking charges. The fine was not announced in open and was imposed after both sides stipulated to her indigency, which renders the fine unlawful. However, the court made all necessary findings to impose consecutive sentences, including an analysis of the seriousness of the offenses and her likelihood to reoffend, and so the prison sentences will remain intact. Reversed in part.
Court: Ohio Court Of Appeals, Judge: Abele, Filed On: January 3, 2024, Case #: 2024-Ohio-59, Categories: Drug Offender, Sentencing
J. Sheridan allows plaintiff, a 63-year-old psychometrician, to continue certain claims contending he had been passed over for promotions and fired after he objected to six to eight hours of commuting time per week because he plausibly alleges that these changes had been implemented, that he had been terminated, and that he had been denied vacations and work assignments due to his age.
Court: USDC New Jersey, Judge: Sheridan , Filed On: January 3, 2024, Case #: 3:23cv2101, NOS: Employment - Civil Rights, Categories: Employment Discrimination
J. Simon dismisses claims against the jail healthcare company and a registered nurse for allegedly failing to provide a detainee with adequate medical or mental health care, leading to his death by suicide. Decedent's advocate does not sufficiently allege how the healthcare company denied adequate medical services in a way that caused the detainee's death, nor does the advocate show what policies the registered nurse was supposed to implement in this matter.
Court: USDC Oregon, Judge: Simon, Filed On: January 3, 2024, Case #: 3:23cv911, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Negligence, Wrongful Death
J. Marion finds a lower court erred in denying the San Antonio Water System’s plea to the jurisdiction and claims of governmental immunity after it sued a contractor and its insurer for breach of contract related to a public works project and then was countersued by the insurer. While the water system acknowledges that it can be sued for breach of contract, and that that claim is thus still pending, the system is right that other claims, such as for “improper release of contract funds,” must fail on immunity grounds, including because the water system did not enter a contract directly with the insurer. Reversed.
Court: Texas Courts of Appeals, Judge: Marion, Filed On: January 3, 2024, Case #: 08-23-00123-CV, Categories: Government, Immunity, Contract
J. Matsumoto grants a New York City school teacher leave to file a second amended employment retaliation complaint against the city’s educational department, but denies his motion to file with what he proposes is his second amended complaint. The court finds that, while he proposes three claims for retaliation, only one claim regarding allegations that he was issued a negative performance review for filing complaints regarding discriminatory treatment resolved factual deficiencies cited by the court.
Court: USDC Eastern District of New York, Judge: Matsumoto, Filed On: January 3, 2024, Case #: 1:22cv3117, NOS: Employment - Civil Rights, Categories: Education, Employment Retaliation