95 results for 'judge:"Peterson"'.
J. Peterson finds that the trial court improperly ruled in favor of the couple in a declaratory judgment action claiming that the Cobb County Board of Commissioners unconstitutionally passed an amendment changing commission district boundaries enacted by the Georgia legislature in 2022. Although the couple are county residents and community stakeholders with standing to challenge the constitutionality of the amendment, their uncertainty about which district they reside in and their claim that they are represented by a commissioner they did not vote for are not enough to show uncertainty as to their future conduct and to warrant declaratory relief. Reversed.
Court: Georgia Supreme Court, Judge: Peterson, Filed On: May 9, 2024, Case #: S24A0599, Categories: Civil Rights
J. Peterson grants summary judgment to the state elections commission, municipal clerks and Wisconsin Legislature in a lawsuit from four voters citing the Voting Rights Act and Civil Rights Act to challenge the state's requirement that a U.S. adult citizen witness and certify the casting of an absentee ballot. The voter's claims under the Acts fail, in part because they have not shown that federal law, state law or U.S. Supreme Court precedent prevent a state from exercising its authority over absentee-voting conduct with a witness requirement. The Legislature's motion to stay the lawsuit pending resolution of two related state-court lawsuits is denied, as orders and judgments in those cases will be unaffected by the order in the voters' case.
Court: USDC Western District of Wisconsin, Judge: Peterson, Filed On: May 9, 2024, Case #: 3:23cv672, NOS: Voting - Civil Rights, Categories: Civil Rights, Elections
J. Peterson finds in favor of the farm equipment retailer in a lawsuit it filed asking for an injunction to block the tractor manufacturer from terminating the retailer's dealership agreement due to lagging sales in its Wisconsin market share. The retailer has shown a likelihood of success on the merits under Wisconsin's Fair Dealership Law and potential irreparable harm to its business if the dealership agreement is terminated while the lawsuit is pending, so it is entitled to a preliminary injunction. The manufacturer is enjoined from terminating the agreement, but the parties will be given until April 26, 2024, to submit briefs making arguments for the proper amount of bond the retailer should put up to secure the injunction, in part because the manufacturer's ask for a $2.4 million bond is based on projected losses that are not credible.
Court: USDC Western District of Wisconsin, Judge: Peterson, Filed On: May 7, 2024, Case #: 3:24cv23, NOS: Other Contract - Contract, Categories: Contract, Injunction
J. Peterson declines to dismiss the former employee's complaint alleging that the healthcare company eliminated her position and knowingly fired her for using the grievance procedures of her union's collective bargaining agreement with the healthcare company. The healthcare company argues that dismissal is appropriate because a federal court must interpret the CBA, but the CBA is based on state law and thus does not require interpretation in this court. This action is remanded to the Clark County District Court.
Court: USDC Western District of Washington, Judge: Peterson, Filed On: May 3, 2024, Case #: 3:24cv5138, NOS: Other Labor Litigation - Labor, Categories: Jurisdiction, Labor / Unions
J. Peterson grants the U.S. government officials' motion to dismiss the husband and wife's lawsuit asking the court to compel the officials to finish adjudicating a family-based visa petition conditionally approved in 2022 for the wife, who is a citizen of Uganda. Given controlling case law, the husband and wife have not proven their 18-month wait for a consular interview is unreasonable, in part due to evidence in the record of backlogs caused by the Covid-19 pandemic.
Court: USDC Western District of Wisconsin, Judge: Peterson, Filed On: May 1, 2024, Case #: 3:23cv520, NOS: Other Immigration Actions - Immigration, Categories: Administrative Law, Immigration, Covid-19
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J. Peterson finds that the trial court improperly convicted defendant of malice murder, felony murder and aggravated assault for hitting the victim with his car after the two argued over whether the victim threw a golf ball at the vehicle. The trial court incorrectly denied defendant's request to instruct the jury on the defense of accident. There was at least some evidence to support the theory that there was no criminal scheme, including evidence that defendant did not intend to hit the victim and rendered immediate aid. The refusal to give the jury instruction could have contributed to the verdict. Defendant may be retried because the evidence was legally sufficient to support his convictions. Reversed.
Court: Georgia Supreme Court, Judge: Peterson, Filed On: April 30, 2024, Case #: S24A0036, Categories: Murder, Jury Instructions
J. Peterson finds that the trial court properly convicted defendant of murder, armed robbery, burglary and possession of a firearm during the commission of a crime. The trial court correctly denied defendant's motions for mistrial. The state's failure to timely disclose the inconclusive results of a test comparing another suspect's hair to hair recovered from a stocking cap did not significantly impact defendant's defense. Defendant failed to show that he was prejudiced by the state's failure to tell him that his first custodial interview was recorded. Affirmed.
Court: Georgia Supreme Court, Judge: Peterson, Filed On: April 30, 2024, Case #: S24A0399, Categories: Burglary, Murder, Robbery
J. Peterson grants the resident partial summary judgment for her Violence Against Women Act (VAWA) claim in her complaint accusing the housing authority of evicting her from its Alderwood Apartments without notice after her abusive husband, a veteran who obtained housing with a Veterans Affairs Supportive Housing voucher, removed her as a beneficiary of his VASH voucher with the housing authority's help but without notifying the resident. The housing authority claims that it had no obligation to give the resident notice of its actions because she was not the head of the household or the VASH voucher holder, but the VAWA requires that all adult tenants are sent notice of such actions.
Court: USDC Western District of Washington, Judge: Peterson, Filed On: April 26, 2024, Case #: 2:22cv1757, NOS: Housing/Accommodations - Civil Rights, Categories: Civil Rights, Housing
J. Peterson considered multiple claims for relief asserted by a Michigan attorney surrounding his involvement in an immigrant investment program; only one survives. The court finds his claims of fraud and breach of contract lack specificity and are time-barred, respectively, but his complaint of alleged conversion is supported. The court grants him additional time to amend the conversion claim.
Court: USDC Western District of Wisconsin, Judge: Peterson, Filed On: April 25, 2024, Case #: 23cv511, NOS: Other Fraud - Torts - Personal Property, Categories: Fraud, Conversion, Contract
J. Peterson grants a retailer’s motion for preliminary injunction in this contract matter. The retailer is a dealer of Kubota Tractor products. Kubota Tractor wishes to terminate the parties’ dealer agreement, as it finds the retailer is not meeting the requirements of the agreement including sales quotas and advertising requirements. The retailer seeks to keep the agreement in force, arguing the discontinuation of the dealership would mean the potential closure of its stores. The instant court finds the retailer has established it is entitled to a preliminary injunction and thereby grants it.
Court: USDC Western District of Wisconsin, Judge: Peterson, Filed On: April 19, 2024, Case #: 24cv23, NOS: Other Contract - Contract, Categories: Business Practices, Contract
J. Peterson finds that the lower court properly denied defendant's petition for a certificate of innocence on two aggravated unlawful use of a weapon convictions which were vacated as unconstitutional. Defendant has not attempted to show he was innocent of the nol-prossed charges pursuant to a negotiated plea agreement, so he does not qualify for a certificate of innocence. Affirmed.
Court: Illinois Appellate Court, Judge: Peterson, Filed On: April 19, 2024, Case #: 210414, Categories: Criminal Procedure, Weapons
J. Peterson enters default judgment in favor of an employee. An employee alleges her employer fired her because she became pregnant and did not want to allow her to take medical leave. Because the the employer failed to appear or respond to the complaint, and because the employee has made plausible claims, the instant court finds in favor of the employee awarding her $150,176 in damages, as well as attorney fees and costs.
Court: USDC Western District of Wisconsin, Judge: Peterson, Filed On: April 18, 2024, Case #: 23cv442, NOS: Employment - Civil Rights, Categories: Employment, Damages, Employment Retaliation
J. Peterson finds that the lower court properly granted the state's three petitions to deny defendant pretrial release on multiple drug charges. The record shows that defendant was charged with new criminal offenses while on probation for other charges, indicating he was at high risk of reoffending. Affirmed.
Court: Illinois Appellate Court, Judge: Peterson, Filed On: April 17, 2024, Case #: 230782, Categories: Drug Offender, Bail
J. Peterson denies a business owner’s motion for preliminary injunction. Two lawsuits are in play over the use of a particular piece of city-owned land: one is pending and there is the instant matter. The instant court finds there is significant overlap in the two cases and the instant matter should be combined with the first lawsuit. The instant court issues an order to consolidate and denies the business owner’s motion for preliminary injunction.
Court: USDC Western District of Wisconsin, Judge: Peterson, Filed On: April 15, 2024, Case #: 24cv135, NOS: All Other Real Property - Real Property, Categories: Real Estate, Zoning
J. Peterson partially grants the motion for summary judgment from the city, city officials and fire and police commission in a lawsuit from a firefighter claiming his First and 14th Amendment rights were violated when, among other things, he was demoted from his position as assistant fire chief and had a restraining order entered against him when he began arriving at fire scenes while he was on leave. The firefighter's due process claim against the city and the commission will proceed to trial, as there is a dispute regarding whether he was deprived of his property interest in his position through his demotion after a change in the law governing how such employment decisions are made. Summary judgment is granted to the city, officials and commission on all of the firefighter's remaining claims, and the individual officials are dismissed as parties.
Court: USDC Western District of Wisconsin, Judge: Peterson, Filed On: April 10, 2024, Case #: 3:22cv640, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Constitution, Due Process
J. Peterson finds the lower court improperly convicted defendant of possession of methamphetamine and sentenced him to two years and six months’ imprisonment. The instant court found the trial court failed to provide the necessary 401(a) admonishments to defendant when he indicated he wished to proceed pro se, as a result, he appeared pro se at critical stages of trial without a valid waiver of counsel. The matter is remanded for new trial. Vacated.
Court: Illinois Appellate Court, Judge: Peterson, Filed On: April 8, 2024, Case #: 220407, Categories: Drug Offender, Fair Trial, Ineffective Assistance
J. Peterson partially grants motions to exclude expert testimony from the Wisconsin-based corn products exporter and the Switzerland-based agrichemical company in the exporter's lawsuit claiming the company negligently approved the sale of a genetically modified corn seed in the United States before China began rejecting products containing a trait in the seed, causing the exporter to sustain $18 million in damages. In part, the exporter's motion is granted such that one of the company's experts is barred from testifying about the economic benefits of the seed or other genetically modified corn and another is barred from testifying about whether China is a key market for corn products. Similarly, the company's motion is partially granted such that the exporter's expert can testify about whether the company's conduct caused the exporter's damages and a ruling is reserved as to whether another can testify about whether the exporter's mitigation steps were "speculative or unreasonable."
Court: USDC Western District of Wisconsin, Judge: Peterson, Filed On: March 29, 2024, Case #: 3:23cv321, NOS: Other Statutory Actions - Other Suits, Categories: Trademark, Negligence, Experts
J. Peterson grants the transportation broker and solar panel supplier's motion to dismiss or transfer the shipping company's lawsuit over issues with two shipments of solar panels, one of which was the result of fraud by an impostor who hacked the company's electronic credentials. In part because the record does not show that the Arizona-based supplier has sufficient business contacts with Wisconsin such that jurisdiction has been established, the case is transferred to the proper venue at the U.S. District Court for the Southern District of Ohio.
Court: USDC Western District of Wisconsin, Judge: Peterson, Filed On: March 29, 2024, Case #: 3:23cv356, NOS: Other Contract - Contract, Categories: Jurisdiction, Venue, Contract
J. Peterson partially grants the U.S. Coast Guard and Coast Guard officials' motion to dismiss a pro se lawsuit from a former member of the Coast Guard Auxiliary claiming he was removed from his position after refusing orders to remove posts he made on social media. The former Auxiliary member can proceed with his claim against the Coast Guard under the Administrative Procedures Act, but all his other claims, including those stating violations of due process and the First Amendment, are dismissed.
Court: USDC Western District of Wisconsin, Judge: Peterson, Filed On: March 27, 2024, Case #: 3:23cv170, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Constitution, Government
J. Peterson grants the U.S. Secretary of the Army's motion for summary judgment in the citizen's pro se lawsuit claiming he was unlawfully denied jobs he applied for with the U.S. Army Corps of Engineers. The citizen has not provided sufficient evidence to show he was denied employment as retaliation for testifying as a witness at his father's EEO hearing in 2002, so his motion for summary judgment is denied, the Army secretary's motion is granted, and the clerk is ordered to close the case.
Court: USDC Western District of Wisconsin, Judge: Peterson, Filed On: March 27, 2024, Case #: 3:22cv351, NOS: Employment - Civil Rights, Categories: Civil Rights, Employment Retaliation
J. Peterson denies the widower's motion for sanctions against the prison healthcare company in his lawsuit alleging violations of his late wife's 14th Amendment rights that allegedly led to a fatal heart attack while she was incarcerated. While the widower's motion for sanctions is denied, he has successfully argued that the company misrepresented the availability of key information during discovery about deaths in facilities the company services such that the widower could not access this information until December 2023, so the case's schedule is struck and the parties will conduct a new pretrial conference to reset the schedule and set a new discovery plan. A motion to intervene from the estate of a man who also died while in custody at a facility the company services is denied, as its goal to obtain documents obtained through discovery in this case can be obtained through its own discovery procedures, but the motion is denied without prejudice so it can be brought back later if need be.
Court: USDC Western District of Wisconsin, Judge: Peterson, Filed On: March 21, 2024, Case #: 3:20cv1123, NOS: Other Civil Rights - Civil Rights, Categories: Constitution, Sanctions, Wrongful Death
J. Peterson grants the rubber flooring manufacturer's motion for attorney fees and costs in a breach of contract suit it faced from the flooring retailer. In part because the billing records the manufacturer submitted for its national counsel contain redactions that do not jibe with federal court requirements and do not make it possible to determine whether the fees requested are reasonable, the manufacturer's request for attorney fees is reduced by $20,089. In total, the manufacturer is awarded $60,701 in attorney fees plus $4,619 in expenses and costs.
Court: USDC Western District of Wisconsin, Judge: Peterson, Filed On: March 20, 2024, Case #: 3:22cv244, NOS: Other Contract - Contract, Categories: Attorney Fees, Contract
J. Peterson finds that the trial court properly convicted defendant of murder. Sufficient evidence was presented to support defendant's conviction. Defendant failed to show that the trial court improperly excused a juror for cause since he does not argue that the selected jury was biased or incompetent. Defendant also failed to show that his trial counsel was deficient for failing to move to suppress evidence of a photo identification of him by a witness. Defendant did not show that there was a substantial likelihood of irreparable misidentification because the witness had many opportunities to view defendant and expressed certainty in identifying defendant. Affirmed.
Court: Georgia Supreme Court, Judge: Peterson, Filed On: March 19, 2024, Case #: S24A0105, Categories: Murder
J. Peterson finds that the appeals court properly overturned the trial court's order granting the state's motion to admit evidence of another act of defendant's alleged prior gang activity but refusing to admit two other instances. Defendant was indicted for aggravated assault, firearm offenses and violations of the Georgia Street Gang Terrorism and Prevention Act. The appeals court correctly found that a rule governing admissibility of evidence does not require a showing that the other act was committed to further the gang's interests. Affirmed.
Court: Georgia Supreme Court, Judge: Peterson, Filed On: March 5, 2024, Case #: S23G0448, Categories: Evidence, Gangs
J. Peterson grants the police officers and dispatchers' motion for summary judgment in the citizen's pro se lawsuit claiming he was blocked from filing a complaint against one of the officers, who the citizen also claims insulted him and called him racial slurs along with another officer when they were sent out to field his complaint. Because the weight of the audio and video evidence contradict the citizen's suggestion that he was unlawfully blocked from filing his complaint through the normal process, or that any of his constitutional rights were violated at any point, his First Amendment, Fourth Amendment and 14th Amendment claims all fail and his motion for summary judgment is denied. The citizen's case is dismissed on the merits, and because he repeatedly engaged in misconduct such as clearly fabricating allegations of race-based discrimination, the citizen is sanctioned, in part, by being blocked for two years from filing any civil lawsuit except habeas corpus petitions without prepaying the filing fee.
Court: USDC Western District of Wisconsin, Judge: Peterson, Filed On: February 29, 2024, Case #: 3:21cv555, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Police Misconduct
J. Peterson finds that the trial court properly convicted defendant of murder, aggravated assault and firearm offenses. Sufficient evidence was presented to support defendant's convictions, including evidence that defendant apologized to the victim's mother for shooting him. Affirmed.
Court: Georgia Supreme Court, Judge: Peterson, Filed On: February 6, 2024, Case #: S23A1166, Categories: Murder
J. Peterson grants a motion in limine from the school district, the former teacher and other district employees seeking to define "garden variety emotional distress" as pertains to the scope of discovery and evidence in a lawsuit from former high school students claiming the former teacher secretly made video recordings of them in hotel rooms during field trips, occasionally while they were naked. The parties will proceed with a definition of garden variety emotional distress that includes, in part, that it is "emotional distress within the range of what a healthy, well-adjusted person would feel as a result of defendant's conduct." The students may claim they have suffered this kind of harm without waiving their right to keep their mental health records private, yet they also must give up any claims to more severe forms of emotional distress.
Court: USDC Western District of Wisconsin, Judge: Peterson, Filed On: January 31, 2024, Case #: 3:21cv683, NOS: Other Civil Rights - Civil Rights, Categories: Emotional Distress, Discovery
J. Peterson grants summary judgment to the insurance company in a lawsuit from a beneficiary claiming she was wrongfully denied long-term disability benefits after she stopped working in January 2021 due to eye pain and spasms. Through the beneficiary's initial claim and two subsequent appeals, the insurance company comprehensively reviewed all the evidence and medical opinions related to the beneficiary's pain and the limitations her conditions placed on her ability to do her job, and it cannot be found to have been arbitrary and capricious in its decisions.
Court: USDC Western District of Wisconsin, Judge: Peterson, Filed On: January 22, 2024, Case #: 3:22cv617, NOS: Employee Retirement Income Security Act (ERISA) - Labor, Categories: Erisa, Insurance