135 results for 'filedAt:"2024-02-27"'.
Per curiam, the Fourth Circuit upheld the conviction of defendant after he pleaded guilty to conspiring to distribute cocaine and his possession of more than 500 grams of cocaine. The court neither imposed an unreasonable sentence, nor erred in calculating the drug weight. Affirmed.
Court: 4th Circuit, Judge: Per curiam, Filed On: February 27, 2024, Case #: 23-4200, Categories: Drug Offender, Sentencing
J. Levy finds, on first impression, that changes to statutory definitions of malice and the degrees of murder did not abolish the doctrine of transferred intent. Therefore, the trial court properly denied defendant's petition for resentencing on a first degree murder conviction for the death of an unintended victim. Affirmed.
Court: California Courts Of Appeal, Judge: Levy, Filed On: February 27, 2024, Case #: F086179, Categories: Murder, Sentencing
J. Jewell finds that defendant was improperly found guilty of aggravated assault over an incident where the victim was struck by a wrench. The trial court's policy that required everyone, including witnesses, to wear facial coverings in the courtroom during the January 2023 trial violated defendant's Sixth Amendment right to confront the witnesses against her. The case is remanded for a new trial. Reversed.
Court: Texas Courts of Appeals, Judge: Jewell, Filed On: February 27, 2024, Case #: 14-23-00048-CR, Categories: Confrontation, Constitution, Assault
J. Parker finds in this interlocutory appeal that the lower court properly denied the appellants' dismissal motion pursuant to the Texas Citizens Participation Act. The appellants failed to show that the Act applies to the claims under the Texas Uniform Fraudulent Transfer Act. Affirmed.
Court: Texas Courts of Appeals, Judge: Parker, Filed On: February 27, 2024, Case #: 07-23-00271-CV, Categories: Civil Procedure, Fraud
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J. Christopher finds that the inmate was properly civilly committed as a sexually violent predator. The evidence sufficiently supports the finding that he has a behavioral abnormality that "predisposes" him to sexually violent offenses, and he did not show the testimony of the forensic psychologist was unreliable. Affirmed.
Court: Texas Courts of Appeals, Judge: Christopher, Filed On: February 27, 2024, Case #: 14-22-00742-CV, Categories: Evidence, Commitment
J. Moore finds the county court properly granted summary judgment to the law firm in its case against a property manager who failed to fully pay fees and costs for various representation. The record shows the manager was given notice at every stage of the proceedings. He appeared at hearings, presented evidence and was not denied due process. Affirmed.
Court: Nebraska Court Of Appeals, Judge: Moore , Filed On: February 27, 2024, Case #: A-23-334, Categories: Due Process, Contract
J. Moore finds the county court properly modified the divorce decree. Though the parties had originally agreed to a joint custody arrangement, the father sought modification alleging several changes in circumstance, including the mother's increased income and her allegedly ignoring certain joint custody obligations. The mother was given final medical and dental decision-making when the parties could not agree after reasonable discussion. After giving appropriate consideration to all testimony, the lower court properly found the father did not meet his burden to prove a change in circumstance warranting modification of custody. Affirmed.
Court: Nebraska Court Of Appeals, Judge: Moore , Filed On: February 27, 2024, Case #: A-23-366, Categories: Evidence, Family Law, Guardianship
J. Arterburn finds the trial court properly convicted and sentenced defendant, by no-contest plea, for felony theft. The victim testified defendant drove away in her truck after she entered a convenience store, leaving the truck's engine running. Other testimony corroborates this, as well as officer's having found the truck later, abandoned. Affirmed.
Court: Nebraska Court Of Appeals, Judge: Arterburn , Filed On: February 27, 2024, Case #: A-23-650, Categories: Theft, Plea, Vehicle
J. Du denies, in part, a healthcare network's motion to dismiss the former employee's employment discrimination action. She sufficiently alleges a supervisor subjected her to verbal or physical harassment based on her race; therefore, her claims of a hostile work environment may proceed.
Court: USDC Nevada, Judge: Du, Filed On: February 27, 2024, Case #: 3:21cv352, NOS: Amer w/Disabilities-Employment - Civil Rights, Categories: Evidence, Employment Discrimination, Employment Retaliation
J. Cain grants summary judgment to the owner of a casino and hotel, and against an elevator passenger whose negligence suit alleges the five-floor lift malfunctioned, triggering a series of abrupt, nonviolent drops, stops and starts. Based on an elevator expert's testimony, there is no inference of negligence or breach of duty by the casino.
Court: USDC Western District of Louisiana , Judge: Cain, Filed On: February 27, 2024, Case #: 2:22cv174, NOS: Other Personal Injury - Torts - Personal Injury, Categories: Evidence, Negligence, Experts
J. Suddaby dismisses a civil rights complaint that alleges two teacher’s unions deducted union dues from a former member’s wages without her consent and in violation of her First Amendment and due process rights. The court finds the former member’s membership agreement authorized the union to continue deducting dues from her wages for one year after her resignation unless expressly revoked, and she failed to allege that she was coerced into signing the agreement.
Court: USDC Northern District of New York, Judge: Suddaby, Filed On: February 27, 2024, Case #: 5:22cv261, NOS: Other Civil Rights - Civil Rights, Categories: First Amendment, Labor / Unions
J. Yohalem finds the trial court improperly refused to hear and summarily denied defendant's motion to dismiss drug charges on speedy trial grounds. Although the motion was filed on the eve of trial, the court had not imposed a scheduling order on the parties and filings regarding the constitutional rights of a criminal defendant must be heard absent intentional misconduct; therefore, the case will be remanded to allow the trial court to consider the merits of the motion. Reversed.
Court: New Mexico Court of Appeals, Judge: Yohalem, Filed On: February 27, 2024, Case #: A-1-CA-40312, Categories: Criminal Procedure, Speedy Trial
J. Herndon finds the trial court improperly declared a mistrial. Defendant, charged with multiple offenses based on an alleged sexual assault, asserted his right to confrontation was violated after the alleged victim cut off contact with the court and failed to appear. Defendant sought dismissal, and the record does not show he consented to the declaration of mistrial. Reversed.
Court: Nevada Supreme Court, Judge: Herndon , Filed On: February 27, 2024, Case #: 85695, Categories: Sex Offender, Due Process
J. Bishop finds the trial court properly convicted defendant for sexual assault. Though defendant claims the sex was consensual, testimony from the victim and another witness, as well as that from a medical examiner, establish the victim was raped and had injuries consistent with forced anal penetration. Defendant's DNA was also found in the victim's body. Defendant was properly sentenced within guidelines, and lifetime requirement to maintain sex offender registration does not amount to cruel and unusual punishment. Affirmed.
Court: Nebraska Court Of Appeals, Judge: Bishop , Filed On: February 27, 2024, Case #: A-22-913, Categories: Evidence, Sentencing, Sex Offender
J. Mullins finds the Freedom of Information Commission erroneously refused to apply the law enforcement exemption of Connecticut's public records law when the son of a murder victim requested various documents related to the police investigation into the murder. Although the case had been considered cold at the time of the request, testimony from investigating officers revealed there was enough evidence to develop a suspect and the officers periodically worked the case based on new leads. The commission failed to properly apply the correct standard when it weighed the evidence and ultimately granted the son's request and, therefore, the case will be remanded to allow for proper analysis as to whether law enforcement's investigation and potential prosecution will be prejudiced by the release of the documents. Reversed.
Court: Connecticut Supreme Court, Judge: Mullins, Filed On: February 27, 2024, Case #: SC20656, Categories: Government, Public Record
J. Kasubhai grants the software company's motion for attorney fees for remand proceedings relating to its complaint that the adhesive manufacturing company copied the protected design of the software company's patent for its serial number encoder. The adhesive manufacturing company's conduct during litigation makes this case exceptional, so fees are appropriate. The software company is also entitled to prejudgment interest of 9% to the $36 million damages portion of the initial final judgment.
Court: USDC Oregon, Judge: Kasubhai, Filed On: February 27, 2024, Case #: 6:17cv1685, NOS: Patent - Property Rights, Categories: Patent, Damages, Attorney Fees
J. Rothstein dismisses the property manager's complaint alleging that the insurance company wrongfully denied the property manager's damage claim regarding Covid-19 infesting the Washington State Convention Center. The property manager is not entitled to coverage because the Washington Supreme Court already concluded that a loss of functionality only occurs when the property is physically affected, not when the property manager could not conduct normal business.
Court: USDC Western District of Washington, Judge: Rothstein, Filed On: February 27, 2024, Case #: 2:23cv1386, NOS: Insurance - Contract, Categories: Insurance, Property, Covid-19
J. Altice finds that the trial court improperly ruled in negligence claims concerning construction of a drainage system. The court properly held that the construction company owed property owners a duty to properly design and construct the subdivision's drainage system, but the development company did not have a hand in designing the property owners' home or the drainage system. Reversed in part.
Court: Indiana Court Of Appeals, Judge: Altice, Filed On: February 27, 2024, Case #: 23A-PL-437, Categories: Construction, Negligence
J. Wright denies the hotel owner's motion for prejudgment attachment of the $2.4 million down payment it made for an embattled construction project. The parties' agreement stated that the payment was non-refundable, and there is evidence that it was spent on the project. Additionally, the owner has not sufficiently demonstrated that the circumstances create a risk to collectibility of any judgment, nor that the harm suffered by the hotel owner if the payment is not returned would be greater than the harm suffered by the contractor if it s.
Court: USDC Minnesota, Judge: Wright, Filed On: February 27, 2024, Case #: 0:23cv2649, NOS: Other Contract - Contract, Categories: Fraud, Contract
J. Black grants the parties' joint motion to approve the class action settlement, ruling there is no evidence of fraud or collusion and the settlement will not only fairly compensate class members who purchased seven-pound bags of ice that weighed less than seven pounds, but will also prevent several more years of litigation.
Court: USDC Southern District of Ohio, Judge: Black, Filed On: February 27, 2024, Case #: 1:19cv1042, NOS: Other Fraud - Torts - Personal Property, Categories: Fraud, Settlements, Class Action
J. Piersol denies a motion for partial summary judgment filed by an individual and a cross-motion for summary judgment filed by a Rapid City, Pierre & Eastern Railroad (RCPE). The action involves the injury of an employee during a derailment incident near New Underwood, South Dakota. Neither the individual nor his experts has identified anything about a culvert that RCPE failed to preserve that would affect the litigation in the matter and the individual has not provided any evidence that RCPE's failure to preserve a piece of the culvert "was done intentionally and with a desire to suppress the truth."
Court: USDC South Dakota, Judge: Piersol, Filed On: February 27, 2024, Case #: 5:22cv5064, NOS: Federal Employers’ Liability - Torts - Personal Injury, Categories: Employment
J. Moritz grants a motion to transfer a dispute between the EPA and various groups and states over the EPA's decision to disapprove a series of state implementation plans for air quality. The petitioners in the case are asking to review a final rule on a national level, so their dispute is better handled the D.C. circuit.
Court: 10th Circuit, Judge: Moritz, Filed On: February 27, 2024, Case #: 23-9514, Categories: Environment, Jurisdiction
[Consolidated]. J. Singh finds a lower court properly dismissed a Russian boat owner's motion for the release of a yacht detained in the Canary Warf. The Russian boat owner argued that the Secretary of State wrongfully issued the detention of the yacht. However, the detention was proper under U.K. foreign policy due to the fact that the vessel was used by Russia to invade Ukraine. Affirmed.
Court: Her Majesty's Court of Appeal, Judge: Singh, Filed On: February 27, 2024, Case #: CA-2023-1658, Categories: Admiralty, Government, Military