194 results for 'filedAt:"2024-03-15"'.
J. Walker finds that the district court properly convicted defendant of conspiracy to commit wire fraud, aggravated identity theft and money laundering in a large-scale scheme centered at his tax-prep business, where stolen children's identities allegedly were sold to clients who claimed them as dependent deductions. Defendant challenged the jury instructions on his argument that he withdrew from the conspiracy before indictment, making the charges untimely, but the instructions correctly stated the law and caused him no prejudice. Affirmed.
Court: 2nd Circuit, Judge: Walker, Filed On: March 15, 2024, Case #: 22-2090, Categories: Tax, Identity Theft, Jury Instructions
J. Bianco finds that the district court improperly set a special parole condition following defendant's conviction on his guilty plea to possessing cocaine with intent to distribute and possessing a firearm in furtherance of drug trafficking. While a defendant can be subjected to random searches by probation officers, the need for such a condition must be sufficiently explained. On remand, rationale for the condition is needed, along with assurances that its imposition involved no greater deprivation of liberty than necessary. Vacated.
Court: 2nd Circuit, Judge: Bianco, Filed On: March 15, 2024, Case #: 21-2954, Categories: Drug Offender, Parole
J. Carney finds that the district court improperly dismissed claims of discrimination in hiring brought by a candidate for a New York City youth services job. The action was not redundant after a state court rejected the applicant's civil rights claims because he amended the federal filing to also demand damages, which could not be awarded in the state case. Vacated in part.
Court: 2nd Circuit, Judge: Carney, Filed On: March 15, 2024, Case #: 22-412, Categories: Damages, Employment Discrimination
J. Merriam finds that an interlocutory appeal must be dismissed for lack of jurisdiction in the case of a police officer who was denied qualified immunity in an excessive force action. The officer continues to assert disputed facts and presents no pure question of law for review, so he has failed to establish appellate jurisdiction.
Court: 2nd Circuit, Judge: Merriam, Filed On: March 15, 2024, Case #: 22-413, Categories: Immunity, Jurisdiction, Police Misconduct
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[Modified.] J. Simons modifies the disposition with no change in judgment. The trial court improperly upheld a city's conclusion that a proposed ballot referendum challenging the approval of a development was invalid. The city claimed its approval was an administrative act not subject to referendum, but the resolution that approved the development included a policy decision to build and improve a public park, so it was a legislative act subject to referendum power. Reversed.
Court: California Courts Of Appeal, Judge: Simons, Filed On: March 15, 2024, Case #: A167346, Categories: Elections, Property
J. Franson finds that the trial court properly denied defendant's claim that he is entitled to sentencing relief based on his misunderstanding of potential immigration consequences of his conviction for assault with a firearm. The evidence supports his claim that he did not understand the potential immigration consequences when convicted, but he is ineligible for relief because no evidence shows he lacked an understanding years later when he was convicted for a DUI or when probation revocation proceedings were held. However, he may pursue a new motion based on arguments that his initial failure to understand potential immigration consequences was prejudicial. Vacated in part.
Court: California Courts Of Appeal, Judge: Franson, Filed On: March 15, 2024, Case #: F084751, Categories: Criminal Procedure, Immigration, Assault
J. Nowell finds that the lower court improperly awarded attorney fees in this suit for damages but otherwise affirms the judgment. The petition stemmed from an alleged medical debt, and the evidence sufficiently established the validity of the appellee's sworn account claim. However, the appellant was improperly denied a jury trial on attorney fees. Reversed in part.
Court: Texas Courts of Appeals, Judge: Nowell, Filed On: March 15, 2024, Case #: 05-23-00053-CV, Categories: Debt Collection, Health Care, Attorney Fees
J. Snyder denies the city's motion to dismiss an investor's fraud and negligence claims, stemming from a cannabis permit consulting company of city employees who defrauded him of $900,000 with a sham consulting agreement for an application to open a cannabis business which cost other applicants $2857. Federal charges were brought against the architects of the fraudulent scheme. The city then sent the investor a notice threatening to terminate its state cannabis license if it did not drop the instant lawsuit. The investor has sufficiently alleged that the city failed to supervise its employees which permitted them to defraud the investor and that the city should have been aware of the corruption of the cannabis process due to FBI raids on some of those employees. It is premature to dismiss the investor's fraud claims.
Court: USDC Central District of California, Judge: Snyder, Filed On: March 15, 2024, Case #: 2:23cv384, NOS: Racketeer Influenced and Corrupt Organizations (RICO) - Other Suits, Categories: Fraud, Negligence, Racketeering
J. Biggs partially denies the University of North Carolina’s motion for summary judgment following claims of racial discrimination brought by a Ph.D. candidate. Specifically, the candidate, a Black man, claims his dissertation committee plagiarized his work and re-attributed it to another student and did not behave this way with other candidates of different races. There is enough evidence to call the university and committee into question such that qualified immunity is suspended at this time.
Court: USDC Middle District of North Carolina, Judge: Biggs, Filed On: March 15, 2024, Case #: 1:20cv1050, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Education, Immunity
Per curiam, the court of appeals grants attorney Jeffrey B. Clark's petition for rehearing regarding the enforcement of a subpoena filed by the Office of Disciplinary Counsel's related to disciplinary charges accusing him of rule violations while serving as Assistant Attorney General in the U.S. Department of Justice. Enforcing the subpoena would violate Clark's Fifth Amendment right against self-incrimination.
Court: DC Court of Appeals, Judge: Per curiam, Filed On: March 15, 2024, Case #: 22-BG-0891 , Categories: Civil Procedure, Civil Rights, Attorney Discipline
J. Heavican finds the district court properly determined the construction liens attached with priority over the realty company's fee interest. The company did not fully pay the contractors for materials and services for the construction of a Burger King. The Nebraska Construction Lien Act provides that liens attach to the contracting owner’s interest. Because the realty company acquired the property owner's interest, the liens attached to the subject property. Affirmed.
Court: Nebraska Supreme Court, Judge: Heavican , Filed On: March 15, 2024, Case #: S-23-282, Categories: Construction, Debt Collection, Property
J. May holds the trial court properly found in favor of the brother in this will contest. The sisters contest whether their brother properly challenged their petition for review of their mother's trust by filing a second petition to docket trust in the cause of action contesting the validity of an amended instrument opened by the sisters. The brother's petition to docket another amended instrument in the same cause of action where his sisters filed their petition to docket the first amended instrument sufficiently put them on notice regarding his challenge. Competing claims regarding the validity of the other instrument remain. Affirmed in part.
Court: Indiana Court Of Appeals, Judge: May , Filed On: March 15, 2024, Case #: 23A-TR-807, Categories: Trusts, Wills / Probate, Due Process
J. Vaidik finds the trial court properly convicted defendant for four counts of murder and one count of robbery. Police responded to a report of shootings to find a drug dealer and three associates shot multiple times, with the dealer's apartment having been ransacked. Surveillance footage shows a vehicle associated with defendant at the scene. A friend of the victims who left the apartment after defendant and his accomplices had arrived but before the shooting occurred also identified the defendant. Evidence from defendant's cell phone was properly admitted, with the search warrant supported by probable cause. Affirmed in part.
Court: Indiana Court Of Appeals, Judge: Vaidik , Filed On: March 15, 2024, Case #: 23A-CR-898, Categories: Evidence, Murder, Robbery
J. Barker grants the school's motion for summary judgment on a high school student's constitutional challenge to the temporary revocation of his pro-life club. The student knew of the requirements of the Indiana Tort Claims Act under which certain claims were filed, and failed to satisfy form, timing and content requirements. No cogent argument has been made regarding claims of ineffective notice.
Court: USDC Southern District of Indiana, Judge: Barker , Filed On: March 15, 2024, Case #: 1:21cv3075, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Education, Municipal Law
J. Bromberg finds that the trial court properly denied a sheriff's motion to dismiss removal proceedings against her, which ended with guilty verdicts for perjury and five other counts related to corruption in her office's processing of concealed weapons licenses. Her claim that the case was moot once she retired failed because the civil jury's finding of malfeasance in office was a conviction in the broad sense and had the collateral consequence of barring her from jury service. Affirmed.
Court: California Courts Of Appeal, Judge: Bromberg, Filed On: March 15, 2024, Case #: H050653, Categories: Civil Procedure, Police Misconduct
J. Armstead affirms the lower court's order granting the municipality summary judgment in the resident's suit claiming it is partially responsible for injuries she sustained from a fall when her foot was caught in wire wrapped around a pole owned by a church where the wire extended onto a defective portion of the adjacent sidewalk. The resident failed to demonstrate the city knew the wire was a hazard since there was never any prior reported problem in the 10 years since it was put there, and she had in the previous year walked along that portion of sidewalk without incident. Affirmed.
Court: West Virginia Supreme Court Of Appeals, Judge: Armstead, Filed On: March 15, 2024, Case #: 22-625, Categories: Government, Tort, Negligence
J. White grants a patient’s writ of certiorari to quash the trial court’s order authorizing a doctor, hospital and surgery group to issue subpoenas for her medical records. The trial court failed to limit the subpoenas or perform an in-camera inspection to prevent the disclosure of medical records.
Court: Florida Courts Of Appeal, Judge: White, Filed On: March 15, 2024, Case #: 6D23-2217, Categories: Evidence, Health Care, Discovery
J. Casanueva finds that the trial court improperly vacated a final judgment favoring the vehicle owner in this dispute over towing charges in light of sufficient evidence of process of service. Reversed.
Court: Florida Courts Of Appeal, Judge: Casanueva, Filed On: March 15, 2024, Case #: 2D23-1332, Categories: Contract
J. Kagan finds that the trial court properly sentenced defendant to the mandatory minimum for drug possession because prior convictions prevented him from receiving relief in the form of a reduced sentence. Affirmed.
Court: US Supreme Court, Judge: Kagan, Filed On: March 15, 2024, Case #: 22-340, Categories: Drug Offender, Sentencing
J. Coulson grants, in part, Tractor Supply’s motion for summary judgment in this personal injury suit brought by a married couple. The husband who was employed by a third-party logistics company as a freight handler was injured when a third-party staffing company employee ran into him with a pallet jack. The couple claims vicarious negligence, negligent entrustment, negligent hiring, retention, and supervision and loss of consortium. Tractor Supply argues they did not employ either of the third-party employees, but a reasonable jury could find that the staffing company employee was in fact employed by being on the premises. The couples’ negligence claims are dismissed for lack of a genuine dispute. The parties shall confer and inform the court if they will or will not participate in a settlement conference regarding Tractor Supply’s third-party complaint against the staffing company employee for discovery.
Court: USDC Maryland, Judge: Coulson, Filed On: March 15, 2024, Case #: 1:23cv1078, NOS: Other Personal Injury - Torts - Personal Injury, Categories: Tort, Negligence, Discovery
Magistrate David declines to dismiss claims contending pickleball games played on a homeowners association's tennis courts were disturbing nearby residents' enjoyment of their homes because association bylaws were ambiguous regarding fair use of the courts for pickleball and interference with peaceful possession.
Court: Delaware Chancery Court, Judge: David, Filed On: March 15, 2024, Case #: 2023-0895-BWD, Categories: Property
Per curiam, the Ninth Circuit finds that the district court properly denied a preliminary injunction sought by five individual donors and two independent-expenditure organizations who sued the Alaska Public Offices Commission alleging that certain campaign finance regulations violated the First Amendment after enacting Ballot Measure 2 to "illuminate the use of dark money in their state’s elections." "Contribution-reporting and on-ad donor-disclaimer requirements were substantially related and narrowly tailored to the government’s asserted interest in providing the electorate with accurate, real-time information." Affirmed.
Court: 9th Circuit, Judge: Per curiam, Filed On: March 15, 2024, Case #: 22-35612, Categories: Elections, First Amendment