85 results for 'judge:"Peterson"'.
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 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 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
Want access to unlimited case records and advanced research tools? Create your free CasePortal account now. No credit card required to register.
Try CasePortal for Free
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
J. Peterson partially grants the insureds' motion for attorney fees after a jury found in their favor on on bad faith and Insurance Fair Conduct Act claims against the insurance company and awarded them $9,600. The insureds ask for $229,600 in attorney fees, but the jury found that one of the insureds did not exercise ordinary care to avoid or minimize his damages and the insureds record unproductive time and block billing. As such, the insureds receive $106,800 in attorney fees.
Court: USDC Western District of Washington, Judge: Peterson, Filed On: January 19, 2024, Case #: 2:22cv159, NOS: Insurance - Contract, Categories: Insurance, Attorney Fees
J. Peterson partially denies the elections commission and Wisconsin Legislature's motions to dismiss the voters' lawsuit claiming that Wisconsin law's absentee-voting witness requirement violates the Civil Rights Act and the Voting Rights Act. In light of two state-court lawsuits dealing with substantially similar issues, the merits of the voters' claims will not be decided at this time, and a partial stay is enacted which will allow parties to continue briefing for summary judgment. The elections commission itself is dismissed on sovereign immunity grounds, but the commission's individual commissioners will remain as parties to both of the voters' claims.
Court: USDC Western District of Wisconsin, Judge: Peterson, Filed On: January 17, 2024, Case #: 3:23cv672, NOS: Voting - Civil Rights, Categories: Civil Rights, Elections, Immunity
J. Peterson finds that the trial court properly convicted defendant of murder, aggravated assault and firearm offenses. Any error the trial court committed by denying defendant's motion to suppress evidence seized from his phone was harmless in light of the strong evidence of defendant's guilt. The trial court correctly admitted testimony by a detective stating that defendant refused to submit to gunshot residue testing. The trial court also correctly resentenced defendant to life without parole under a recidivist statute. Defendant failed to show that he was prejudiced by his trial counsel's allegedly deficient performance. Affirmed.
Court: Georgia Supreme Court, Judge: Peterson, Filed On: January 17, 2024, Case #: S23A1159, Categories: Ineffective Assistance, Murder, Sentencing
J. Peterson finds that the lower court properly denied defendant's motion for pretrial release on charges of threatening a public official. The evidence establishes that defendant was continuously aggressive with officers, repeatedly threatened to kill a female officer, and threatened to bring a pipe bomb to the police station. He was also on probation for aggravated assault of a peace officer at the time. Affirmed.
Court: Illinois Appellate Court, Judge: Peterson, Filed On: January 16, 2024, Case #: 230568, Categories: Bail, Threats
J. Peterson finds that the lower court properly found for the village on a law firm's suit for breach of contract regarding its attempt to buy or continue to lease certain commercial real property that was allegedly thwarted by the village. The law firm failed to show the village knew the terms of its lease when it negotiated to purchase the subject property or that it took any action to persuade the landlord to breach the lease. Affirmed.
Court: Illinois Appellate Court, Judge: Peterson, Filed On: December 28, 2023, Case #: 230083, Categories: Landlord Tenant, Interference With Contract, Contract
J. Peterson finds that the trial court properly convicted defendant of murder, possession of a firearm by a convicted felon, possession of a firearm during the commission of a felony and other offenses. Sufficient evidence was presented to support defendant's convictions, including defendant's admission that he was present when the victim was shot but made no attempt to seek medical aid. Defendant's trial counsel was not deficient for failing to request a jury instruction on concealing the death of another or hindering the apprehension of a felon. Affirmed.
Court: Georgia Supreme Court, Judge: Peterson, Filed On: December 19, 2023, Case #: S23A0894, Categories: Firearms, Ineffective Assistance, Murder
J. Peterson finds that the trial court properly convicted defendant of murder and possession of a firearm during the commission of a felony. The trial court did not commit any error in failing to instruct the jury on the lesser offense of voluntary manslaughter because the evidence did not support the charge. The admission of photos of two model guns that could have been used in the shooting and photos of defendant with the guns probably did not impact the verdict in light of the strong evidence of defendant's guilt. Affirmed.
Court: Georgia Supreme Court, Judge: Peterson, Filed On: December 19, 2023, Case #: S23A1078, Categories: Firearms, Murder
J. Peterson partially grants the father's motion for attorney fees and costs in a lawsuit against his son and others involving a dispute between family over ownership of a company that runs multiple car dealerships. The father is awarded one-third of his total request for attorney fees, which will amount to $204,402, and he is also awarded $60,033 in costs, bringing his total award to $264,435.
Court: USDC Western District of Wisconsin, Judge: Peterson, Filed On: December 14, 2023, Case #: 3:19cv980, NOS: Stockholders’ Suits - Contract, Categories: Fiduciary Duty, Attorney Fees, Contract
J. Peterson grants summary judgment to the county, sheriff, jail administrator and others in a lawsuit from the parents of a woman who died by suicide while in custody at the county's jail. The parents concede that jail staff could not have known about their daughter's suicidal intentions at the time of her death, in part because she spent 18 days in general population denying feeling suicidal and showing no concerning behavior after spending two days on suicide watch, so there is no basis for an Eighth Amendment deliberate indifference claim. The parents' alternative arguments, including those blaming their daughter's death on unconstitutional excessive force and conditions of confinement, fail for a lack of evidence in the record, and their state-law claims are dismissed without prejudice.
Court: USDC Western District of Wisconsin, Judge: Peterson, Filed On: December 7, 2023, Case #: 3:22cv253, NOS: Other Civil Rights - Civil Rights, Categories: Constitution, Negligence
J. Peterson denies the city's motion to exclude the "tribal scenario" portion of the Monsanto's expert's opinion in the city's complaint accusing the agrochemical company of manufacturing polychlorinated biphenyls that contaminated the Lower Duwamish River. The city does not sufficiently argue how the tribal scenario's use of specific data from a 2000 fish consumption survey of the Suquamish Indian Tribe of the Port Madison Indian Reservation in the Puget Sound Region, rather than data from the entire Puget Sound Region, makes it irrelevant to this lawsuit.
Court: USDC Western District of Washington, Judge: Peterson, Filed On: December 1, 2023, Case #: 2:16cv107, NOS: Torts to Land - Real Property, Categories: Environment, Experts, Discovery
J. Peterson finds for the county, city and police officers in a lawsuit from the estate of a man one of the officers shot and killed after he and another officer tased him during a violent struggle upon finding the man naked and acting bizarrely subsequent to crashing his car into a snowbank. The officers actions can be reasonably justified given the circumstances, so the officers and municipalities are granted summary judgment on the estate's Fourth Amendment claims pertaining to the man's detention and the officers tasing and shooting him. The estate's claims referencing municipal liability and federal disability statutes also fail, as it has not shown the man's death was caused by any inadequate municipal policies for dealing with those in a mental health crisis or a failure to accommodate the man's disabilities, so the municipalities are granted summary judgment on those claims as well.
Court: USDC Western District of Wisconsin, Judge: Peterson, Filed On: November 28, 2023, Case #: 3:22cv102, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Constitution, Police Misconduct