112 results for 'filedAt:"2024-01-23"'.
J. Dillard finds that the trial court properly convicted defendant of aggravated assault, family violence battery and criminal trespass. The trial court correctly admitted into evidence a nurse examiner's expert opinions about the effects of strangulation and correctly qualified the nurse examiner as an expert witness. Defendant was told before trial that the nurse examiner would use an anatomical diagram and otherwise failed to establish that he was prejudiced by the state's alleged failure to comply with discovery obligations. Any error in admitting the nurse examiner's testimony probably did not affect the trial outcome in light of the strong evidence of defendant's guilt. Affirmed.
Court: Georgia Court of Appeals, Judge: Dillard, Filed On: January 23, 2024, Case #: A23A1765, Categories: Assault, Battery, Experts
J. Grosjean recommends granting, in part, a solar company’s motion for default judgment in its trademark infringement case against a solar business owner. The owner failed to respond to the complaint, and the solar company has sufficiently alleged he infringed its marks.
Court: USDC Eastern District of California, Judge: Grosjean, Filed On: January 23, 2024, Case #: 1:22cv999, NOS: Trademark - Property Rights, Categories: Trademark, Attorney Fees
J. Bishop finds the trial court properly convicted defendant for terroristic threats and operating a motor vehicle to avoid arrest based on sufficient evidence. Defendant's ex-wife testified he arrived at her house in his truck, drove across her lawn and kicked in her front door, and the ex-wife's current boyfriend testified he saw defendant driving away from the house as he arrived. Furthermore, officers testified that as they arrived at defendant's house for questioning, he fled in his truck. Affirmed.
Court: Nebraska Court Of Appeals, Judge: Bishop , Filed On: January 23, 2024, Case #: A-23-343, Categories: Evidence, Escape, Terrorism
J. Arterburn finds the district court properly affirmed defendant's county bench trial convictions and sentences for damage to property and disturbing the peace. Defendant's ex-girlfriend recorded defendant as he attempted to enter her home through a window, where he knocked over a dresser with a TV on it, causing damage. The court considered all sentencing factors, as well as defendant's criminal history. Furthermore, misdemeanor and municipal code violations do not require a presentence investigation. Affirmed.
Court: Nebraska Court Of Appeals, Judge: Arterburn , Filed On: January 23, 2024, Case #: A-23-461, Categories: Restraining Order, Property Crimes
J. Bishop finds the juvenile court properly terminated the father's parental right to his two children. He has substantially and continuously neglected and refused to give the children necessary parental care and protection, or make reasonable efforts to preserve and reunify the family. He has also failed to correct conditions involving his living circumstance, employment and drug issues. Affirmed.
Court: Nebraska Court Of Appeals, Judge: Bishop , Filed On: January 23, 2024, Case #: A-23-467, Categories: Evidence, Family Law, Guardianship
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Per curiam, the circuit finds the district court properly dismissed the parents' challenge to the FDA's emergency use authorizations for child Covid-19 vaccines. The parents do not allege any facts establishing a similarity to cited cases in which children sought vaccines without parental consent, nor do they allege their children are or will be subject to any vaccine mandates possibly imposed by third parties. The parents have not demonstrated an injury in fact and do not have standing. Associated organizations also have not shown standing. Affirmed.
Court: 5th Circuit, Judge: Per curiam, Filed On: January 23, 2024, Case #: 23-50167, Categories: Family Law, Health Care, Covid-19
J. Colloton finds a lower court properly denied a Honduras citizen's motion to remain in the U.S. The citizen of Honduras argued that he is entitled to a "special rule" that affords him to remain in the U.S. for being a former child who had been abused by a permanent resident parent. However, the government sufficiently showed in court that his criminal history, which includes making threats of violence, justifies removal. Affirmed.
Court: 8th Circuit, Judge: Colloton, Filed On: January 23, 2024, Case #: 20-1724, Categories: Civil Rights, Immigration
J. Stuart- Smith finds a lower court properly denied a citizen of Nigeria's motion to remain in the U.K. The Nigerian citizen argued that he is entitled to relief based on his marriage to a Swedish national who was granted indefinite leave to remain. However, the home department sufficiently showed in court that he has a conviction in the U.S. for conspiracy to distribute heroin. Affirmed.
Court: Her Majesty's Court of Appeal, Judge: Stuart- Smith, Filed On: January 23, 2024, Case #: CA-2022-2228, Categories: Immigration
Per curiam, the appellate division finds that Joseph Henry Lilly III shall be suspended from the practice of law in New York for two months after falsely certifying he had completed his required continuing law education classes before he actually finished the courses.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: January 23, 2024, Case #: 00274, Categories: Attorney Discipline
J. Scott grants a lender’s motion to dismiss a funding specialist’s employee’s disability discrimination suit alleging that she was fired after she requested to work from home full-time due to her chronic obstructive pulmonary disease and cancer. The employee failed to show she could perform the essential functions of her job, such as printing checks, while working remotely.
Court: USDC Eastern District of Pennsylvania, Judge: Scott, Filed On: January 23, 2024, Case #: 2:22cv2778, NOS: Amer w/Disabilities-Employment - Civil Rights, Categories: Ada / Rehabilitation Act, Employment, Employment Retaliation
J. Halpern finds for the commissioner of internal revenue in this tax liability dispute because arguments that the right to elect were waived by forgery are irrelevant.
Court: U.S. Tax Court, Judge: Halpern, Filed On: January 23, 2024, Case #: 2024-9, Categories: Tax
Per curiam, the appellate division finds that the lower court properly found for the city in a trip and fall suit stemming from a man's fall over a dent in a concrete walkway in a city park. The city met its burden of showing that it did not have prior written notice of the defect. Affirmed.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: January 23, 2024, Case #: 00265, Categories: Tort
J. Zimmerer finds that the trial court properly entered judgment in a suit involving modification of the parent-child relationship. The evidence supports a finding of a "material and substantial change in circumstances" since the previous order in that the father had interfered with the mother's visitation rights as to their child. Affirmed.
Court: Texas Courts of Appeals, Judge: Zimmerer, Filed On: January 23, 2024, Case #: 14-22-00936-CV, Categories: Evidence, Family Law
J. Burroughs denies a laser technology seller’s motion to dismiss claims brought against it by a medical cosmetic and gynecology company and its founder for allegedly fraudulently representing one of the seller’s laser products, which was intended to be used for hair removal and skin improvement, such as reducing wrinkles, but was difficult to use and not suited for use on all skin colors. The seller’s motion requires interpretation of its purchase agreement but it is unclear if the company and its founder received the full purchase agreement.
Court: USDC Massachusetts, Judge: Burroughs, Filed On: January 23, 2024, Case #: 1:23cv10967, NOS: Other Contract - Contract, Categories: Fraud, Health Care, Consumer Law
J. Palafox finds a lower court ruled correctly in convicting defendant of a variety of white-collar crimes. Defendant argued there were a variety of issues with her conviction, including a “voluminous amount of evidence” that her attorney was unable to review before trial, but defendant did not raise these issues at trial. Affirmed.
Court: Texas Courts of Appeals, Judge: Palafox, Filed On: January 23, 2024, Case #: 08-23-00006-CR, Categories: Evidence, Fraud, Theft
J. Fallon grants a request by Ernst & Young and orders the regulatory Federal Deposit Insurance Corp. to arbitrate its claims that the accounting giant failed to design audit procedures to discover fraud at a failed New Orleans bank. Government regulators specifically allege the firm’s breach of fiduciary duties resulted in the firm’s failure to detect a least $125 million in losses from the fraudulent conduct of the bank’s president and CEO. The FDIC-R, which is today “standing in the [b]ank’s shoes” as its receiver, would have been bound by an arbitration agreement between the accounting firm and the bank’s holding company.
Court: USDC Eastern District of Louisiana , Judge: Fallon, Filed On: January 23, 2024, Case #: 2:20cv1259, NOS: Other Personal Property Damage - Torts - Personal Property, Categories: Administrative Law, Arbitration, Banking / Lending
J. Kleeh denies the automobile loan service provider's motion to stay and compel arbitration of the customer's breach of contract suit claiming it improperly charged her a $2.75 fee to use her debit card to make installment payments with a third-party platform. The loan service provider cannot compel arbitration since the terms and conditions of the third-party platform's arbitration agreement do not provide for enforcement of its agreement by a non-signatory.
Court: USDC Northern District of West Virginia, Judge: Kleeh, Filed On: January 23, 2024, Case #: 1:23cv45, NOS: Other Contract - Contract, Categories: Arbitration, Vehicle, Contract
J. Smith finds that the district court improperly entered judgment holding that class members' Fourth Amendment rights were not violated when the FBI “inventoried” 700 safe deposit boxes at US Private Vaults. On remand the court orders the FBI to sequester or destroy the records of its inventory search pertaining to the class members. Reversed.
Court: 9th Circuit, Judge: Smith, Filed On: January 23, 2024, Case #: 22-56050, Categories: Constitution
J. Morrison awards litigant counsel $176,132 in attorney fees and expenses after its client, a female former real estate agent, prevailed on her employment retaliation claim at trial and was awarded $787,000 in damages. The court finds the requested hourly rates and number of hours performed were, for the most part, reasonable, applying only a slight reduction to the hourly rates for one of the team’s associates.
Court: USDC Eastern District of New York, Judge: Morrison, Filed On: January 23, 2024, Case #: 2:18cv1390, NOS: Employment - Civil Rights, Categories: Attorney Fees, Employment Retaliation
J. Chen finds in favor of internet company Bright Data after Meta claimed it was using data scrapping technology to steal private information from users of Facebook and Instagram. Evidence on the record shows the internet company only participated in "logged-out scrapping" of public Meta data, and as a result did not violate any of Meta's Terms of Service.
Court: USDC Northern District of California, Judge: Chen, Filed On: January 23, 2024, Case #: 3:23cv77, NOS: Other Contract - Contract, Categories: Privacy