79 results for 'filedAt:"2024-04-05"'.
J. Baltodano finds that the trial court improperly denied defendant's objection to the peremptory challenge that removed an apparently Hispanic juror from his burglary trial. The state claimed the juror lacked life experience, but cited specific reasons in support of the claim that are presumptively invalid. Demeanor-based reasons are now presumptively invalid, the state failed to show the prospective juror had limited community ties, and the record does not indicate she did not understand the questions she was asked. Reversed.
Court: California Courts Of Appeal, Judge: Baltodano, Filed On: April 5, 2024, Case #: B325200, Categories: Burglary, Jury
J. Renner finds that the trial court should have suppressed the machine gun police found on defendant's person after a warrantless search of his car turned up a loaded magazine. Police lacked probable cause to search his car under the automobile exception to the warrant requirement. The probable cause required to arrest someone differs from the probable cause for a search. Police cited defendant's known association with a gang but failed to provide reasons they believed evidence of a crime would be found in his car. Defendant was also subjected to an unreasonably long investigatory detention after police found a gun on the party whose description matched the one given in the original police call. Vacated.
Court: California Courts Of Appeal, Judge: Renner, Filed On: April 5, 2024, Case #: C099530, Categories: Firearms, Search
Per curiam, the Texas Supreme Court finds that the court of appeals improperly ruled against Randalls in a premises liability case filed by a shopper alleging that the store should be held liable for her fall next to a grocery cart she claims was leaking its contents. The jury found that the grocery store chain did not have any constructive knowledge of the cart. The court of appeals reversed, finding that the jury should have also answered the question regarding whether Randalls had actual knowledge of the court. However, "since there is no evidence of actual knowledge of the danger, no reasonable jury could have answered the actual-knowledge question" in the shopper's favor. Reversed.
Court: Texas Supreme Court, Judge: Per curiam, Filed On: April 5, 2024, Case #: 23-0041, Categories: Evidence, Jury, Premises Liability
J. Martinez awards the shipyard $959,100 in attorney fees and costs after it was awarded $40,000 for its negligence counterclaim against the towing service. The parties' tow agreement clearly and separately provides that the prevailing party may obtain attorney fees. However, certain "write-off" fees are reduced from the shipyard's request for $1.4 million in fees, and a further 20% reduction is appropriate "due to the disproportionality between the fee request and damages awarded at trial."
Court: USDC Western District of Washington, Judge: Martinez, Filed On: April 5, 2024, Case #: 2:20cv416, NOS: Other Contract - Contract, Categories: Negligence, Attorney Fees, Contract
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J. Ecker finds the trial court properly instructed the jury and denied defendant’s claim that he was deprived of his right to a fair trial under the due process clause due to conflicting statements by the prosecutor during cross-examination and rebuttal argument. The defendant fails to establish that the jury instruction was an injustice. Affirmed.
Court: Connecticut Supreme Court, Judge: Ecker, Filed On: April 5, 2024, Case #: SC20720, Categories: Robbery, Due Process, Jury Instructions
J. Tjoflat finds that the district court properly sentenced defendant to 94 months in prison for attempted smuggling, failure to notify a common carrier and submitting false or misleading export information. Defendant falsely declared that a shipment to Iraq containing guns was just auto parts. Defendant's convictions did not violate the double jeopardy clause because the three statutes under which he was convicted each penalize different elements. Sufficient evidence was presented to support defendant's convictions and the prosecutor's misstatements or failure to correct testimony about the caliber of the guns did not violate defendant's due process rights. Affirmed.
Court: 11th Circuit, Judge: Tjoflat, Filed On: April 5, 2024, Case #: 22-12852, Categories: Double Jeopardy, Smuggling, Due Process
J. Castañeda issues a multipronged discovery order in a lawsuit brought by an individual against a company for alleged violations of the Telephone Consumer Protection Act — determining, among other things, that it is too late for the company to designate an additional witness because it would be prejudicial to the suing individual.
Court: USDC Western District of Texas , Judge: Castañeda, Filed On: April 5, 2024, Case #: 3:22cv301, NOS: Telephone Consumer Protection Act (TCPA) - Other Suits, Categories: Communications, Consumer Law, Discovery
J. Mize finds that the trial court erred in revoking defendant’s probation for failure to report to the probation officer two months in a row. The trial court’s order is remanded for reconsideration of probation being revoked and what sentence should be imposed. Reversed.
Court: Florida Courts Of Appeal, Judge: Mize, Filed On: April 5, 2024, Case #: 6D23-786, Categories: Probation, Sentencing
Per curiam, the Vermont Supreme Court finds the trial court properly awarded summary judgment to an estate regarding two neighboring properties. The citizen argues there was a conspiracy to deny him and his family of their right by several attorneys, but that is irrelevant to this appeal. He lacks merit to prove he was deprived of his right to a jury trial. Affirmed.
Court: Vermont Supreme Court, Judge: Per curiam, Filed On: April 5, 2024, Case #: 23-AP-341, Categories: Property, Due Process
Per curiam, the Vermont Supreme Court finds the trial court properly struck and dismissed a pro se complaint regarding defamation, libel, false light, and negligence claims against a newspaper and its journalist. The individual argues that the court abused its discretion when the newspaper and its journalist were awarded $14,741.80 in attorney fees and costs under Vermont’s anti-SLAPP statute. When the court ruled on the motion to strike, the fees were mandatory. Affirmed.
Court: Vermont Supreme Court, Judge: Per curiam, Filed On: April 5, 2024, Case #: 23-AP-338, Categories: Anti-slapp, Defamation, Attorney Fees
J. Winmill denies a patent holder's motion for partial summary judgment regarding allegations of patent infringement of three separated patents related to a machine attachment that creates simulated log siding. The patent in question covers the simulated log siding panel. The patent holder has not separately addressed the different types of siding and therefore has not shown that all siding produced by the alleged infringer infringes on the patent in question. It appears that some of the siding does not infringe on the patent.
Court: USDC Idaho, Judge: Winmill, Filed On: April 5, 2024, Case #: 4:22cv307, NOS: Patent - Property Rights, Categories: Patent
J. Toliver granted a motion to dismiss negligent hiring, training and retention claims made by a motorist who was hit by a tractor-trailer when it crossed over the highway centerline. The motorist did not provide evidence that the employer had failed to provide training beyond what a potential employee might be reasonably expected to know, such as the basic rules of the road. The motorist is granted leave to amend.
Court: USDC Northern District of Texas , Judge: Toliver, Filed On: April 5, 2024, Case #: 3:24cv114, NOS: Motor Vehicle - Torts - Personal Injury, Categories: Employment, Tort, Negligence
J. Cote grants the Anti-Defamation League's motion to dismiss the Nation of Islam's complaint alleging the non-profit has repeatedly defamed the group by labeling it anti-Semitic. The non-profit pressured Ticketmaster not to sell tickets for the group's yearly benefit, and caused a university to refuse the group's request to use its facilities as a venue. The Nation of Islam cannot prove that the non-profit's assertions are false, as its letter to Ticketmaster directly quotes Nation of Islam leader Louis Farrakhan using the phrase "satanic Jews." Other challenged statements made by the non-profit are non-actionable opinion.
Court: USDC Southern District of New York, Judge: Cote, Filed On: April 5, 2024, Case #: 1:23cv9110, NOS: Other Civil Rights - Civil Rights, Categories: Defamation
J. Lohier finds that the district court properly dismissed a trust's request for relief in the form of a declaration that a life insurance policy remained in effect after assignment and purported reassignment for lack of contractual standing to sue under New York law because the trust failed to notify the insurer that the policy had been reassigned to the trust by the policyholder. Affirmed.
Court: 2nd Circuit, Judge: Lohier, Filed On: April 5, 2024, Case #: 19-87-cv, Categories: Civil Procedure, Insurance, Contract
J. Erickson finds the lower court properly declined to suppress 66 pills, methamphetamine, and marijuana in defendant's trial for possession with intent to distribute a controlled substance. Defendant, who entered a conditional plea, contends the court improperly ruled that the search of his backpack had been voluntary, but evidence indicates that the mother of defendant's child was entitled to turn over the backpack, and that she consented to the search because her phone was inside. Affirmed.
Court: 8th Circuit, Judge: Erickson, Filed On: April 5, 2024, Case #: 23-2179, Categories: Drug Offender, Evidence, Search
J. Carlyle finds that the lower court improperly denied the appellant's motion to compel arbitration of the appellee company's statutory claims for defense and indemnity. The court notes that the arbitration clause at issue "is broad in scope" and concludes that any questions related to the contract "must be determined by the arbitrator." Reversed in part.
Court: Texas Courts of Appeals, Judge: Carlyle, Filed On: April 5, 2024, Case #: 05-23-00591-CV, Categories: Arbitration, Indemnification, Contract
J. Huntsman partially grants the plaintiffs' motion to remove the confidentiality designation from certain documents produced by the government in this lawsuit brought by a doctor asserting claims for false arrest, malicious prosecution and civil rights violations. The government previously marked every page of a report containing "the results of an internal investigation" as confidential. The court will require the government to redact portions of the report and rules that the parties can use the redacted report "in conducting this litigation."
Court: USDC Northern District of Oklahoma , Judge: Huntsman, Filed On: April 5, 2024, Case #: 4:22cv366, NOS: Other Personal Injury - Torts - Personal Injury, Categories: Civil Rights, Discovery
J. Clement finds the lower court properly dismissed this matter concerning the transfer of business ownership. The parties are two of four members of a LLC. Two of the members sold their membership interest to a third member, giving him three-fourths ownership. The fourth member argues that the three-fourths owner was to transfer an interest portion of the sale to him, but instead transferred it to the three-fourths owner's his wife. The lower court finds that pursuant to the LLC Agreement, any claims concerning the LLC must be heard in Oconee County, Georgia, where the company is registered. Affirmed.
Court: Tennessee Court of Appeals, Judge: Clement, Filed On: April 5, 2024, Case #: M2022-01640-COA-R3-CV, Categories: Venue, Business Practices
J. Jay finds the trial court did not err at defendant's second trial on murder and sexual battery charges from 2007 by allowing testimony from two witnesses to a previous sexual battery defendant committed in 1986 that led to him pleading guilty and serving a 13-year prison sentence. Defendant unsuccessfully argues the testimony should have been blocked because of the time lapse between crimes he claims were dissimilar, as there are multiple similarities between the crimes and the time separation between them is at least in part due to the fact that he was in prison for much of that time. The trial court did not abuse its discretion, there was no unfair prejudice against defendant, and his guilty convictions and sentences stand. Affirmed.
Court: Florida Courts Of Appeal, Judge: Jay, Filed On: April 5, 2024, Case #: 23-1169, Categories: Murder, Sex Offender
J. Mathis finds the district court properly granted an injection molding company’s motion for summary judgment in this copyright dispute regarding an industrial control system and software code brought by a consulting company. The consulting company argues that this court lacked jurisdiction, the district court should have not excluded an expert witness and erred on granting summary judgment in favor of the injection molding company. The expert testimony was not disposed by the injection molding company before the discovery period had closed and would have caused a surprise disruption of the trial. The consulting company fails to show a dispute of fact about the software code protectability. Therefore, this court does vacate the prior appeal decision and denies the motion to supplement the appellate record. Affirmed.
Court: 6th Circuit, Judge: Mathis, Filed On: April 5, 2024, Case #: 23-1591, Categories: Copyright, Jurisdiction, Experts
J. Marston grants in part the city of Reading’s motion for summary judgment against the city’s former human resources director’s retaliation claims against the mayor, Eddie Moran, and his former special assistant, who she says sexually harassed her. The city has shown that it fired the director as the result of an outside investigation over numerous allegations of misconduct, not because of her protected activity reporting the harassment.
Court: USDC Eastern District of Pennsylvania, Judge: Marston, Filed On: April 5, 2024, Case #: 5:23cv1224, NOS: Employment - Civil Rights, Categories: Employment, Employment Retaliation
J. Armstrong finds the lower court properly granted summary judgment to an automobile insurer in this breach of contract matter. An insured person was involved in a vehicle accident, filed a claim, and a settlement was reached. Seeking additional payout, the insured requested his case be reopened. Because the insured refused to sign a HIPPA release to allow review of his medical records, the insurance company explained he would need to be examined under oath to obtain the information needed to move forward with his claim. The insurer refused and demanded payment from the original settlement agreement, but was told there was no longer an active agreement. The insured did not show for the examinations under oath, and the insurer denied his claim for failure to cooperate and breach of the insurance policy. The lower court agreed and found in favor of the insurance company. Affirmed.
Court: Tennessee Court of Appeals, Judge: Armstrong, Filed On: April 5, 2024, Case #: W2023-00703-COA-R3-CV, Categories: Insurance, Contract