107 results for 'filedAt:"2024-04-22"'.
J. Brown finds that the trial court properly granted defendant's motion to suppress evidence obtained while an officer was waiting for a backup unit to assist with a stop of defendant's vehicle. Defendant was charged with DUI offenses, reckless driving and driving on the wrong side of the road. The trial court correctly found that defendant's detention by the officer was unreasonably prolonged. The officer failed to immediately perform any field sobriety tests despite being certified to perform them and despite possessing a test in his vehicle which he eventually used on defendant. However, the case is remanded to allow the trial court to analyze whether there was probable cause for defendant's arrest. Affirmed in part.
Court: Georgia Court of Appeals, Judge: Brown, Filed On: April 22, 2024, Case #: A24A0328, Categories: Evidence, Dui
Per curiam, the Vermont Supreme Court grants attorney Eva Vekos’ motion to dissolve the interim suspension of her law license. Vekos cooperated with the disciplinary counsel by responding to the request for information about her medical records. Affirmed.
Court: Vermont Supreme Court, Judge: Per curiam, Filed On: April 22, 2024, Case #: 24-AP-070, Categories: Attorney Discipline
J. Evans, in answer to a question from the U.S. Ninth Circuit, holds that non-convicted incarcerated people preparing food for a for-profit company contracted to supply meals in a county jail are not entitled to minimum or overtime wages. The applicable penal code section does not differentiate between pretrial or convicted detainees in setting the maximum daily wage at $2.
Court: California Supreme Court, Judge: Evans, Filed On: April 22, 2024, Case #: S277120, Categories: Employment, Prisoners' Rights
J. Lee finds that the lower court improperly sentenced defendant to 150 months in prison after applying two sentencing enhancements. The record does not support a finding that defendant used his home for the primary purpose of making meth, so this enhancement was improperly applied. The enhancement for his role as a supervisor of the conspiracy is supported by the evidence. Vacated.
Court: 7th Circuit, Judge: Lee, Filed On: April 22, 2024, Case #: 22-3015, Categories: Drug Offender, Sentencing
J. Easter finds the lower court improperly dismissed defendant’s motion for a new trial. Defendant was convicted on multiple drug-related offenses, including the sale and delivery of cocaine within 1,000 feet of a school, and received an effective 33 year sentence. The Governor of Tennessee subsequently partially granted defendant executive clemency, his sentences for the sale and delivery of cocaine within 1,000 feet of a school were commuted and he immediately became eligible for parole on those counts. The lower court found defendant ineligible for resentencing based on his commutation order and dismissed the pending motion for new trial. The instant court finds defendant was denied his day in court for his motion for resentencing and the lower court should have continued with the scheduled evidentiary hearing. The matter is remanded for a hearing. Reversed.
Court: Tennessee Court of Criminal Appeals, Judge: Easter, Filed On: April 22, 2024, Case #: E2023-00149-CCA-R3-CD, Categories: Drug Offender, Sentencing, Due Process
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J. Flanagan partially denies Aramark’s motion to dismiss allegations of discrimination and retaliation brought by a former office assistant and cashier after Aramark fired him. The assistant claims that based on his age and race, Aramark did not give him proper training, then refused to rehire him in the next academic year “because of COVID.” The assistant alleges this excuse is pretext for discrimination after he had emailed Aramark detailing various incidents of harassment he experienced at work, and had filed for a right to sue with the EEOC. His retaliation claims under Title VII therefore will proceed.
Court: USDC Eastern District of North Carolina, Judge: Flanagan, Filed On: April 22, 2024, Case #: 4:23cv200, NOS: Other Civil Rights - Civil Rights, Categories: Employment, Employment Discrimination, Employment Retaliation
J. Dever grants the U.S. Department of Commerce’s motion to dismiss antitrust and tort claims brought by a former patent examiner. The examiner alleges that the department, her former employer, was unfair in its performance reviews and removed credit for the work she did for it, thereby damaging her career. However, her claims must by dismissed for lack of subject matter jurisdiction because the department retains sovereign immunity.
Court: USDC Eastern District of North Carolina, Judge: Dever, Filed On: April 22, 2024, Case #: 5:23cv495, NOS: Antitrust - Other Suits, Categories: Antitrust, Tort, Immunity
J. McMullen finds the lower court properly dismissed defendant’s pro se petition for writ of error coram nobis. Defendant was convicted of aggravated burglary, aggravated robbery and employing a firearm during the commission of a dangerous felony for his role in detaining a victim and taking items from the victim’s apartment. Defendant received an effective sentence of life without parole. Defendant filed his petition five years after the finalization of his convictions and sentence, far beyond the one-year statute of limitations, and it was dismissed accordingly. Defendant argues the statute of limitations should be tolled as he claims discovery of new evidence, but the instant court finds the newly discovered evidence, an affidavit, is from someone known at the time of trial that the defense never called as a witness, and would not have affected the outcome of the trial. Affirmed.
Court: Tennessee Court of Criminal Appeals, Judge: McMullen, Filed On: April 22, 2024, Case #: M2023-00858-CCA-R3-ECN , Categories: Burglary, Evidence, Robbery
J. Oliver grants, in part, the insurer's motion to dismiss, ruling the union's fiduciary duty claims fail. The alleged increased rates charged by the insurer were determined by the parties' contractual agreements and involved no discretion on the part of the insurer.
Court: USDC Connecticut, Judge: Oliver, Filed On: April 22, 2024, Case #: 3:22cv1541, NOS: Employee Retirement Income Security Act (ERISA) - Labor, Categories: Erisa, Fiduciary Duty, Labor / Unions
J. Marquez finds that the disciplinary counsel properly declined to apply Colorado's five-year statute of limitations to reciprocal disciplinary proceedings brought against attorney John F. Kennedy. Although the proceedings were brought nearly 15 years after the attorney's initial misconduct was discovered in Washington, D.C., the limitations period in attorney discipline cases is not meant to apply to reciprocal proceedings, which do not reexamine any of the misconduct or make independent findings. Affirmed.
Court: Colorado Supreme Court, Judge: Marquez, Filed On: April 22, 2024, Case #: 2024CO21, Categories: Civil Procedure, Attorney Discipline
J. Hendrickson finds the lower court properly granted the pesticide application company's motion for summary judgment on the vineyard's negligence claim. The weather conditions at the time of the pesticide application on a neighboring farm exceed the scope of a juror's knowledge and required expert testimony on the part of the vineyard. However, because the vineyard presented expert testimony that conflicted with the pesticide company's testimony about breaches of application labels, a genuine issue of fact prevented judgment on its negligence per se claim, which will be reinstated upon remand. Affirmed in part.
Court: Ohio Court Of Appeals, Judge: Hendrickson, Filed On: April 22, 2024, Case #: 2024-Ohio-15323, Categories: Property, Negligence, Experts
J. Waldick finds the trial court properly admitted the victims' 911 calls into evidence at defendant's trial on attempted murder and assault charges. The calls were made while defendant attempted to break into the victims' home and immediately after he had assaulted his girlfriend, one of the victims; therefore, the calls were admissible under the present sense impression hearsay exception. Meanwhile, the trial court properly allowed the prosecution to provide details about defendant's prior conviction for attempted murder because the facts of the previous case were similar and established relevance, while the state did not include any prejudicial or inflammatory details likely to influence the jury. Affirmed.
Court: Ohio Court Of Appeals, Judge: Waldick, Filed On: April 22, 2024, Case #: 2024-Ohio-1534, Categories: Evidence, Jury, Assault
J. Milazzo awards a total of $646,000 in damages to a registered nurse on her car collision action against the U.S. Postal Service and its driver. Evidence, including the opinion of an orthopedic surgeon who examined the 36-year-old mother of three young children that the crash aggravated her shoulder complaints and caused a new injury to her neck, supports the award.
Court: USDC Eastern District of Louisiana , Judge: Milazzo, Filed On: April 22, 2024, Case #: 2:23cv241, NOS: Motor Vehicle - Torts - Personal Injury, Categories: Tort, Damages, Experts
J. Goldin finds the lower court properly determined it had jurisdiction over this child custody matter. A mother attempted to register and enforce a foreign decree to modify the terms of a divorce decree. The mother and father had been divorced in Utah, but they established that they and the minor child had lived in Williamson County, Tennessee for more than six months, therefore the Utah court lacked subject matter jurisdiction when it entered a Relocation Order in 2022. The lower court properly refused to register and enforce the order, and the mother is not entitled to relief. Affirmed.
Court: Tennessee Court of Appeals, Judge: Goldin, Filed On: April 22, 2024, Case #: M2023-00813-COA-R3-CV, Categories: Family Law, Jurisdiction
J. Goldberg finds that the trial court properly convicted defendant on two counts of first-degree sexual assault and one count of conspiracy to commit first-degree sexual assault, as several issues were not preserved or adequately developed on appeal, and evidence did not support defendant's five remaining contentions of error. Affirmed.
Court: Rhode Island Supreme Court, Judge: Goldberg, Filed On: April 22, 2024, Case #: 22-152, Categories: Criminal Procedure, Sex Offender
J. Leinenweber grants a veterinary clinic’s motion to dismiss a fertility clinic’s copyright claims, finding the fertility clinic has failed to show that consumers would likely confuse its trademarked PROOV ovulation testing device with the veterinary clinic’s OvuPROOF ovulation testing device. The court also dismisses the veterinary clinic’s counterclaim for defamation, but allows its counterclaims for defamation and misrepresentation to proceed.
Court: USDC Northern District of Illinois, Judge: Leinenweber, Filed On: April 22, 2024, Case #: 1:23cv3854, NOS: Copyrights - Property Rights, Categories: Copyright, Defamation, Technology
J. Tostrud partially grants the insurer's motion for summary judgment in the homeowners' association's suit seeking reimbursement for the cost to replace undamaged, non-color-matching siding on buildings damaged by hail. There is no genuine dispute of material fact that the association did not actually and necessarily spend more than the value of its loss, and it filed suit more than two years after providing notice of its claim, precluding pre-award interest. An appraisal panel's award and subsequent clarification on the issue of whether the association is entitled to matching costs for the siding were ambiguous, so that issue remains live.
Court: USDC Minnesota, Judge: Tostrud, Filed On: April 22, 2024, Case #: 0:22cv2027, NOS: Insurance - Contract, Categories: Insurance, Contract
J. Johnson affirms the district court's grant of the driver's wife's motion to dismiss the passenger's child's wrongful-death action stemming from a collision that killed the driver, the passenger and a third-party motorcyclist. A plaintiff may not assert a wrongful-death claim based on the alleged negligence of a deceased person by suing the person appointed as a trustee to commence a wrongful-death action for the benefit of that deceased person's spouse and next of kin rather than suing the personal representative of the deceased's estate. Affirmed.
Court: Minnesota Court Of Appeals, Judge: Johnson, Filed On: April 22, 2024, Case #: A23-1080, Categories: Civil Procedure, Wrongful Death
J. Smiley finds that the trial court did not exceed its jurisdiction when it entered summary judgment against a bail bond surety. An already extended exoneration period had expired, the bond had been forfeited and the trial court then waited until after it denied defendant's motion to vacate forfeiture to enter summary judgment. Affirmed.
Court: California Courts Of Appeal, Judge: Smiley, Filed On: April 22, 2024, Case #: A166580, Categories: Criminal Procedure, Robbery, Bail
J. Palafox denies habeas relief to defendant, who argued that his Eighth Amendment rights were violated when he was arrested and charged for murder as an adult despite being only 17 at the time of the offense. Pretrial habeas relief is not available unless the asserted rights would be "undermined if not vindicated before trial," which is not the case here. Affirmed.
Court: Texas Courts of Appeals, Judge: Palafox, Filed On: April 22, 2024, Case #: 08-23-00154-CR, Categories: Constitution, Juvenile Law, Civil Rights