45 results for 'judge:"Sullivan"'.
J. Sullivan finds the lower court properly elevated defendant's DUI case to a felony based on his previous convictions. While defendant was denied counsel during two previous DUI trials that resulted in convictions, the error did not deprive those trial courts of jurisdiction and, therefore, defendant's collateral attacks on the previous convictions were untimely. Affirmed.
Court: Colorado Court Of Appeals, Judge: Sullivan, Filed On: April 18, 2024, Case #: 2024COA38, Categories: Constitution, Dui, Jurisdiction
J. Sullivan finds that the district court properly dismissed claims that changes to village zoning law that make it easier to site Orthodox Jewish places of worship in neighborhoods violate the establishment clause by promoting religion because individual plaintiffs could show standing as municipal taxpayers harmed by a loss of village revenue attributed to the new zoning law, and the citizens' group lacked associational or organizational standing to sue. Affirmed.
Court: 2nd Circuit, Judge: Sullivan, Filed On: April 5, 2024, Case #: 22-2710, Categories: Constitution, Zoning
J. Sullivan finds that the district court improperly found for a logistics company in an insurer's subrogation claims concerning damage sustained to cargo while being unloaded from a truck at an airport. The claims would be barred as untimely under the Montreal Convention's statute of limitations for contracting carriers, but questions remain unresolved as to whether the logistics firm qualified as such in its role in arranging transport through third parties.
Court: 2nd Circuit, Judge: Sullivan, Filed On: April 4, 2024, Case #: 21-2132, Categories: Civil Procedure, Insurance, Transportation
J. Sullivan finds that the lower court improperly quashed two counts against defendant for delivery of a controlled substance after he filed a habeas corpus petition seeking dismissal and disclosure of the identity of the confidential informant. Pennsylvania’s confidential informant being willing to testify that defendant was dealing methamphetamines is sufficient to link defendant to the counts. Reversed.
Court: Pennsylvania Superior Court, Judge: Sullivan, Filed On: March 19, 2024, Case #: J-S45038-23, Categories: Criminal Procedure, Drug Offender, Evidence
J. Sullivan finds that the lower court properly sentenced defendant after a jury convicted him of robbery, aggravated assault and related crimes while on parole; all the charges stem from defendant’s robbery of a victim at gunpoint after hiding in the victim’s vehicle. Using location data from defendant’s GPS ankle monitor to link him to the crime is reasonable. Affirmed.
Court: Pennsylvania Superior Court, Judge: Sullivan, Filed On: March 19, 2024, Case #: J-S09039-23, Categories: Evidence, Robbery, Assault
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J. Sullivan finds that the board of immigration appeals properly held that plaintiff, a Hong Kong native, was deportable for theft and forgery as crimes of moral turpitude. In the action, the agency defined "conviction" as indicating that the predicate proceedings included constitutional protections for the accused, such as speedy trial and confrontation rights, and determined those circumstances had been present. Meanwhile, the statutory phrase "crime involving moral turpitude" is not unconstitutionally vague. Affirmed.
Court: 2nd Circuit, Judge: Sullivan, Filed On: March 11, 2024, Case #: 22-6185, Categories: Constitution, Immigration
J. Sullivan finds the lower court properly convicted defendant of six counts of retail theft for allegedly stealing housewares and other items from a Macy’s store on several occasions, and was sentenced to three to 14 years imprisonment. The lower court also ordered defendant to pay restitution in the amount of $4,568, but did not specify the method in which it was to be repaid. Because of the lack of specificity regarding the restitution, it is vacated and remanded to the lower court for reimposition and clarification. Affirmed in part.
Court: Pennsylvania Superior Court, Judge: Sullivan, Filed On: February 20, 2024, Case #: J-S27043-22 , Categories: Sentencing, Theft, Restitution
J. Sullivan finds that the district court properly dismissed claims contending the village exercised discriminatory animus in denying building permits for five lots in a planned 181-unit residential subdivision to be marketed to Hasidic Jews. The claims were not ripe since the developer had not appealed the denial to the village zoning board and had not sought a variance, even if such steps were not expected to be successful. Affirmed.
Court: 2nd Circuit, Judge: Sullivan, Filed On: February 16, 2024, Case #: 22-1047, Categories: Zoning, Housing, Equal Protection
J. Sullivan grants summary judgement in favor of the credit union in this Truth in Lending Act violation lawsuit brought by the sole heir of his cousin’s estate. The heir alleges the credit union violated the Maryland’s Fiduciary Access to Digital Assets Act by blocking him from digitally accessing the decedent’s accounts. He failed to show the evidence that the decedent gave him proper permission to access the accounts and it is undisputed he never requested digital access to the HELOC accounts under the purported TILA violations.
Court: USDC Maryland, Judge: Sullivan, Filed On: January 16, 2024, Case #: 8:22cv2701, NOS: Truth in Lending - Torts - Personal Property, Categories: Discovery, Banking / Lending
J. Sullivan finds that the district court improperly found for a class of New York City consumers who brought unjust enrichment claims against a fund providing workers' compensation benefits to "black car" and app-based livery drivers for surcharges levied on noncash tips paid by passengers because legislation establishing the fund plainly authorized surcharges on livery billings, and noncash tips are components of such invoices. Reversed.
Court: 2nd Circuit, Judge: Sullivan, Filed On: January 2, 2024, Case #: 22-2061, Categories: Class Action
J. Sullivan finds that the district court properly dismissed class securities fraud claims concerning safety statements about a new smoke-free alternative to traditional cigarettes. Statements tied to scientific studies that used general but subjective terms were properly treated as opinion rather than fact, and statements interpreting federal scientific data were per se "reasonable" as a matter of law under existing precedent. Affirmed.
Court: 2nd Circuit, Judge: Sullivan, Filed On: December 26, 2023, Case #: 21-2546, Categories: Fraud, Securities, Class Action
J. Sullivan finds for the Army Corps of Engineers on the state of Alabama’s challenge to the corps' updated master water control manual, which governs management of certain dams and reservoirs in the Alabama-Coosa-Tallapoosa River Basin. The state fails to show the manual violates the Clean Water Act, the Administrative Procedure Act or the National Environmental Protection Act.
Court: USDC District of Columbia, Judge: Sullivan, Filed On: November 9, 2023, Case #: 1:15cv696, NOS: Administrative Procedure Act/Review or Appeal of Agency Decision - Other Suits, Categories: Administrative Law, Environment, Water
J. Sullivan finds that the district court properly sentenced defendant to 45 years based on her guilty plea to sexual exploitation and conspiracy to sexually exploit her young child. The sentence was not substantively unreasonable given that she solicited participation by the girl's father and produced and shared pornographic photos and videos of encounters based on the father's directions. The court failed to verify defendant had read and discussed the presentence report with counsel, but the error was not prejudicial. Affirmed.
Court: 2nd Circuit, Judge: Sullivan, Filed On: October 17, 2023, Case #: 21-2134, Categories: Criminal Procedure, Sentencing, Child Pornography
J. Sullivan finds that the district court should have dismissed a false claims action contending federal and state parties failed to intervene when Medicare and Medicaid reimbursements were applied to expenses incurred by a medical center instead of being provided to a nursing home because the so-called benefits conversion statute does not require that the money be used in a particular way. Reversed.
Court: 2nd Circuit, Judge: Sullivan, Filed On: October 16, 2023, Case #: 21-1534, Categories: Medicaid, Medicare, False Claims
[Consolidated.] J. Sullivan finds that appeals seeking habeas relief from convictions for robbery conspiracy and firearm use resulting in a death should be dismissed. Defendants contend collateral attack waivers were improperly enforced in their plea agreements, but intervening precedent disqualifying Hobbs Act robbery as a crime of violence did not affect the waivers they negotiated.
Court: 2nd Circuit, Judge: Sullivan, Filed On: October 16, 2023, Case #: 16-4107 (L), Categories: Habeas, Robbery, Plea
J. Sullivan finds that the district court properly remanded Connecticut's Unfair Trade Practices Act complaint against Exxon Mobil to state court. Connecticut alleges that Exxon knowingly deceived consumers in the state about the negative environmental effects of its fossil fuels. The claims do not raise the federal common law of transboundary pollution as a necessary element for establishing Exxon's liability. Exxon was also not acting under a federal officer to invoke federal-officer removal jurisdiction.
Court: 2nd Circuit, Judge: Sullivan, Filed On: September 27, 2023, Case #: 21-1446, Categories: Environment, Trade, Jurisdiction
J. Sullivan denies in part summary judgment to a bank that sued an assisted living business for an alleged breach of contract for failure to pay on a Paycheck Protection Program (PPP) loan. Although the business requested a loan of $20,000, the bank approved it for a loan of over $1 million. Although it is undisputed that the business defaulted on its repayments, the bank had no right to rely on contradictory and false certifications stated later in the application. This is because the application initially clearly stated that the business was only looking to borrow $20,000. Also, one of the business owners bought a property with the loan money and did so with the intention to commit fraud. However, the bank has yet to state the exact relief it seeks monetarily and in regards to said property.
Court: USDC Maryland, Judge: Sullivan, Filed On: September 21, 2023, Case #: 8:21cv3210, NOS: Other Contract - Contract, Categories: Fraud, Property, Contract
J. Sullivan finds that the lower court properly ordered a surgical hospital to produce documents in this medical malpractice suit concerning a patient who ultimately died after having a heart attack following wrist surgery. The hospital fails to demonstrate that its employee solely created her notes during the root cause analysis to comply with the Medical Care and Reduction of Error Act (MCARE), so the hospital has not met its burden of invoking the privilege set forth in section 311 of MCARE. Affirmed.
Court: Pennsylvania Superior Court, Judge: Sullivan, Filed On: September 12, 2023, Case #: J-A03020-23, Categories: Wrongful Death, Discovery, Medical Malpractice
J. Sullivan denies, in part, an insurer's motion to dismiss a nurse's claims related to the work she provided in South Africa to injured contractors. She has sufficiently alleged her claim for breach of contract.
Court: USDC District of Columbia, Judge: Sullivan, Filed On: September 11, 2023, Case #: 1:11cv1733, NOS: Amer w/Disabilities - Other - Civil Rights, Categories: Health Care, Insurance, Contract