102 results for 'filedAt:"2024-01-19"'.
J. Carroll finds the trial court properly denied a man’s motion to suppress out-of-court non-eyewitness identifications, entered a judgment of conviction for assault and robbery and sentenced for 10-to-15 years in prison. There were no suggestive identifications out of court non-eyewitness. The man fails to demonstrate an error of conviction judgment because he showed the employees a concealed weapon that appeared to be a gun. The sentence to serve is less than the maximum for a habitual offender. Therefore, the man was properly convicted and sentenced. Affirmed.
Court: Vermont Supreme Court, Judge: Carroll, Filed On: January 19, 2024, Case #: 22-AP-275, Categories: Robbery, Sentencing, Weapons
J. Mollway finds that a driver is partially liable for a moped driver’s damages after the two were involved in an accident that resulted in the moped driver’s injuries. The two drivers crossed paths as the car driver made an intersection turn onto the moped driver’s lane. It is unclear whether the the vehicles physically collided but the car driver is responsible for a negligent turn that the moped driver had to swerve to avoid. The car driver is liable for only 60% of the damages given comparative negligence due to evidence the moped driver was speeding at the time.
Court: USDC Hawaii, Judge: Mollway, Filed On: January 19, 2024, Case #: 1:22cv299, NOS: Motor Vehicle - Torts - Personal Injury, Categories: Vehicle, Damages, Negligence
Per curiam, the Supreme Judicial Court of Massachusetts affirms the denial of a woman’s petition for a change of venue. She fails to explain why she’s petitioning during the provisional phase of trial court proceedings and not at their conclusion. Affirmed.
Court: Massachusetts Supreme Court, Judge: Per curiam, Filed On: January 19, 2024, Case #: SJC-13349, Categories: Vehicle, Venue
J. Jay finds State Farm must be denied a re-hearing in its pursuit of a new trial in a dispute with its insured stemming from permanent injuries the insured alleged from a car accident. The insured's lawyer's closing remarks about the insured's medical providers having "no dog in this fight" one day after the insured waived his claim for past medical expenses were not prejudicial or misleading enough to require a new trial, and State Farm's claim that these remarks upended its entire bias and credibility argument is "baseless." Affirmed.
Court: Florida Courts Of Appeal, Judge: Jay, Filed On: January 19, 2024, Case #: 22-1190, Categories: Insurance, Contract
Per curiam, the circuit finds the district court improperly denied qualified immunity to the officer on the evidence fabrication claims. The off-duty officer was working private security at a bar when an altercation took place that led to the officer's punching a drunken assailant in the face during an alleged assault. The district court properly granted the officer qualified immunity on excessive force and unlawful arrest claims, but the assailant has not shown the officer had the time or deliberation to fabricate evidence of assault during the sudden and chaotic incident. Reversed in part.
Court: 5th Circuit, Judge: Per curiam, Filed On: January 19, 2024, Case #: 22-10783, Categories: Civil Rights, Evidence, Police Misconduct
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J. Aspen partially grants the sued medical imaging equipment companies’ motions to reconsider the court’s earlier rulings in this trade secrets case. In those prior rulings, the court largely sided with the suing medical equipment companies by issuing a permanent injunction and civil contempt sanctions against the defendants, and ordering the latter to pay plaintiffs $2.4 million in attorney fees. Upon reconsideration, the court keeps the civil contempt sanctions in place and denies the motion to vacate the injunction, and also grants the plaintiffs’ motion for an additional $1.9 million in attorney fees.
Court: USDC Northern District of Illinois, Judge: Aspen, Filed On: January 19, 2024, Case #: 1:19cv2648, NOS: Other Statutory Actions - Other Suits, Categories: Health Care, Trade Secrets, Attorney Fees
J. Duffin partially grants the public schools district officials' motion to dismiss a lawsuit from a former employee claiming she was targeted for retaliation and discrimination as a white woman because she opposed the promotion of an unqualified Black male to the position of chief academic officer. The employee's claims under the Fair Labor Standards Act and a Wisconsin labor statute are dismissed, as are her constitutional claims against the district and members of the district's board of directors in their official capacities. Her federal-law race and sex discrimination claims, public records claims against the district and the board, and a First Amendment claim against one board member in her individual capacity survive the motion to dismiss.
Court: USDC Eastern District of Wisconsin, Judge: Duffin, Filed On: January 19, 2024, Case #: 2:23cv948, NOS: Fair Labor Standards Act - Labor, Categories: Due Process, Employment Discrimination, Employment Retaliation
J. Dawson grants Fidelity's motion to dismiss this title insurance policy dispute after a lender submitted a title insurance claim, which was denied. Fidelity title group asserts no control over Fidelity title insurance, and the lender has not established jurisdiction over the title group.
Court: USDC Nevada, Judge: Dawson , Filed On: January 19, 2024, Case #: 2:20cv1955, NOS: Insurance - Contract, Categories: Insurance, Property, Contract
J. Rao upholds the district court's dismissal of a group's action challenging the Federal Election Commission's dismissal of its two administrative complaints, in which the group claims a Republican PAC and Senator Rick Scott violated certain election laws. The first dismissal was unreviewable based on prosecutorial discretion, and the second dismissal was reasonably based on record evidence that there was no reason to believe a violation had occurred. Affirmed.
Court: DC Circuit, Judge: Rao, Filed On: January 19, 2024, Case #: 22-5277 , Categories: Administrative Law, Elections
J. Garaufis preserves a single claim for negligence in a civil lawsuit brought against St. Mary’s Roman Catholic Church in Brooklyn that alleges an adult woman was sexually abused by one of its priests for six years, starting when she was 10 years old. She plausibly alleges the church failed in its duties to ensure her safety while she was in their custody, failed to inform her parents of the abuse and further failed to anticipate the priest’s actions and create or enforce procedures in order to protect her.
Court: USDC Eastern District of New York, Judge: Garaufis, Filed On: January 19, 2024, Case #: 1:21cv4920, NOS: Other Personal Injury - Torts - Personal Injury, Categories: Tort, Negligence, Assault
J. Cole grants the Republican Senatorial Committee's motion to certify, ruling the question of whether coordinated party expenditure limits in the Federal Election Campaign Act violate the committee and candidate's First Amendment rights must be posed to the en banc Sixth Circuit. The committee and Senator J.D. Vance have altered fundraising operations under threat of enforcement, which grants them standing to challenge the restrictions, and while the U.S. Supreme Court has ruled on the constitutionality of expenditure limits in Colorado II, the specific nature of the question at issue in this case warrants consideration by the appeals court regardless of binding precedent.
Court: USDC Southern District of Ohio, Judge: Cole, Filed On: January 19, 2024, Case #: 1:22cv639, NOS: Other Civil Rights - Civil Rights, Categories: Constitution, Elections, First Amendment
J. Joseph grants an award of $606,000 to a university student raped on a church retreat in 2018 and against her assailant, an international fugitive, who defaulted in the civil case by failing to appear. The victim, now a professional counselor, had requested $3.2 million in general damages and $2 million for loss of future income, but this was denied as speculative.
Court: USDC Western District of Louisiana , Judge: Joseph, Filed On: January 19, 2024, Case #: 6:21cv430, NOS: Assault, Libel, & Slander - Torts - Personal Injury, Categories: International Law, Assault
J. Wolohojian affirms an adjudication of delinquency and an order allowing a motion to continue sentencing until after the defendant turns 18, in a case where the 17-year-old defendant assaulted and battered his intimate partner. The three-week period before the defendant’s 18th birthday is not enough time for the defendant to be given adequate rehabilitation in the form of intimate partner abuse prevention. Furthermore, a new rule can be retroactively applied to a pending case on direct appeal when the rule is announced. Affirmed.
Court: Massachusetts Court Of Appeals, Judge: Wolohojian, Filed On: January 19, 2024, Case #: 21-P-1113, Categories: Juvenile Law, Assault, Battery
J. Boyle denies partial summary judgment for a medical imaging systems dealer after it sued a former field service engineer for compromising its trade secrets. The engineer had signed an ethics agreement in 2012 promising not to share confidential company information, but that was only contingent on his employment there, and he resigned in 2020. Also, the dealer has not provided specific enough documentation it alleges the engineer compromised to satisfy the trade secrets violation claim.
Court: USDC Eastern District of North Carolina, Judge: Boyle, Filed On: January 19, 2024, Case #: 5:20cv657, NOS: Other Contract - Contract, Categories: Trade, Trade Secrets, Contract
J. Mayle finds that even though defendant's fingerprints were not found on drug paraphernalia and he was not physically in the hotel room where the drugs were seized, his convictions for drug possession were not against the weight of the evidence because testimony from several codefendants conclusively established he used his vehicle to transport shipments from suppliers to the hotel room and, therefore, had constructive possession of the drugs. Meanwhile, the delays in defendant's trial were caused by illnesses and his own attorney's motions for continuances, all of which tolled the speedy trial clock and allowed the trial court to deny his motion to dismiss on those grounds. Affirmed in part.
Court: Ohio Court Of Appeals, Judge: Mayle, Filed On: January 19, 2024, Case #: 2024-Ohio-185, Categories: Drug Offender, Evidence, Speedy Trial
J. Marconi agrees with the defendant that, to determine whether a reasonable person would consider a threat as a likely cause of serious bodily injury or death to an extent that the person would use a firearm to warn off the person making the threat, does not hinge on whether or not the person being threatened is able to retreat. The jury should not have been instructed to use the defendant’s ability to leave the scene as a factor in determining the threat he faced in a road rage incident. Reversed.
Court: New Hampshire Supreme Court, Judge: Marconi, Filed On: January 19, 2024, Case #: 2022-0432, Categories: Firearms, Threats, Vehicle
[Modified.] [Consolidated.] J. Boulware Eurie modifies a footnote and denies a rehearing with no change in judgment. The trial court was right to conclude that a staffing company hired by a subcontractor on public works projects was not a "laborer" under the mechanics' lien law since it was acting as an employer that bestowed labor on a work of improvement. Also, the prevailing parties were properly awarded attorney fees because the mechanics' lien law governs the payment bonds that were issued on the projects. Affirmed.
Court: California Courts Of Appeal, Judge: Boulware Eurie, Filed On: January 19, 2024, Case #: C096705, Categories: Constitution, Contract
J. Africk denies a request by the owner of a dredging vessel to exclude the testimony of a marine safety expert for a catering employee who alleges the owner’s negligence resulted in his disabling fall when he attempted to disembark from the dredge. The vessel’s owner relies on a case in another section of the court that held the expert could not testify because “no expertise of any kind” was required to render his opinion or to help the jury in that case. In the current suit, however, the same expert’s specialized knowledge and experience of maritime safety standards will help shed light on the issue of safe means of access to and from vessels.
Court: USDC Eastern District of Louisiana , Judge: Africk, Filed On: January 19, 2024, Case #: 2:23cv1602, NOS: Marine - Contract, Categories: Jury, Maritime, Negligence
J. Mortensen finds that the district court properly granted summary judgment to a mother on her adult daughter's emotional distress claims. The mother's communications with her daughter were attempts at reconciliation, though possibly insensitive to the history of sexual abuse by the mother's husband that led to the daughter's removal from the mother's home as a child. The daughter's negligent sexual abuse claim failed because a neighbor's warning to the mother about her husband's inappropriate behavior around children was not sufficient to put the mother on notice that her daughter was at risk. Affirmed.
Court: Utah Court Of Appeals, Judge: Mortensen, Filed On: January 19, 2024, Case #: 20220207-CA, Categories: Negligence, Emotional Distress