Legal news archive
Every item ever ingested, 2084 total. Nothing is deleted or overwritten as new items arrive -- this page just paginates further back.
In the Interest of D.L.B., D.L.B., and D.L.B., Minor Children v. the State of Texas
In a child custody dispute concerning Mediated Settlement Agreement terms regarding medical support, the Fourth Court of Appeals vacated a post-expiry judgment nunc pro tunc that deleted a sentence from the trial court’s final order. The court held that the signing of the order constituted the rendition of judgment, making the deletion of the controversial clause a change to the judgment rather than a clerical error. Consequently, the court deemed the nunc pro tunc order void and reinstated the original order.
2026-08-19 · via CourtListener (Free Law Project)
St. Michel v. State of Rhode Island, Department of Human Services, Disability Determination Services
MEMORANDUM AND ORDER(REDACTED) granting in part and denying in part 19 Motion to Quash; denying 21 Motion to Quash. So Ordered by Magistrate Judge Patricia A. Sullivan on 8/19/2026. (DaCruz, Kayla)
2026-08-19 · via GovInfo (US GPO / USCOURTS)
SANTIAGO v. UNITED STATES OF AMERICA
ORDER THAT DEFENDANT'S MOTION TO DISMISS THE SECOND AMENDED COMPLAINT (DOC. NO. 30) IS GRANTED IN PART AND DENIED IN PART AS FURTHER OUTLINED HEREIN. SIGNED BY DISTRICT JUDGE MIA ROBERTS PEREZ ON 8/19/2026. 8/19/2026 ENTERED AND COPIES E-MAILED.(ahf)
2026-08-19 · via GovInfo (US GPO / USCOURTS)
Kaspryak, Z. v. Stadarskyy, M.
Zoryana Kaspryak appealed the dismissal of her partition action against her former spouse, contending that a property settlement agreement did not legally transfer ownership because it was not executed as a deed. The Superior Court affirmed the trial court's ruling to dismiss the case with prejudice, finding that Kaspryak failed to preserve her arguments regarding factual disputes and the enforceability of the agreement for appellate review.
2026-08-19 · via CourtListener (Free Law Project)
State v. Hambrick
Daniel Scott Hambrick appealed his convictions for stalking, menacing, and attempted coercion, arguing that his communications were protected free speech under Oregon law. The court upheld the convictions by ruling that a reasonable trier of fact could find the communications were repeated, unwanted, and intended to place the victim in fear of imminent injury, leading to the affirmation of the judgment.
2026-08-19 · via CourtListener (Free Law Project)
State v. Bordeaux / Bordeaux
In these consolidated appeals involving fishing-related conditional guilty pleas, defendants challenged the denial of a motion to suppress vessel location data and the rejection of a demurrer alleging the charges did not include the appropriate mental state. The court concluded that the state lawfully obtained the GPS tracking data because federal law permitted its disclosure to NOAA under a joint enforcement agreement, finding no error in denying the suppression motion. However, the court held that the charges failed to state an offense due to a lack of the required mental state, resulting in a reversal of the judgment and remand.
2026-08-19 · via CourtListener (Free Law Project)
Steinmetz v. SanMar Corporation et al
ORDER Granting motions for leave to file an amended complaint 1617. The Motion to Remand (Doc. 4), Motion for Leave to Supplement (Doc. 6), Request for Oral Hearing (Doc. 14), and Motion for Judgment on the Pleadings (Doc. 11) are DENIED AS MOOT WITHOUT PREJUDICE TO REFILE. The Clerk of Court is ORDERED to separately file Exhibit 1 attached to the Motion for Leave to File an Amended Complaint (Doc. 17-1 at PageID 186191) into the record as the First Amended Complaint.. Signed by Judge Susan J. Dlott on 8/19/2026. (wam)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.)
2026-08-19 · via GovInfo (US GPO / USCOURTS)
Sample v. State
Linwood Sample appealed the denial of his postconviction relief, arguing that a New York DUI conviction should not count as a prior offense due to a ten-year gap and a birthdate discrepancy. The Supreme Court held that Sample had admitted to having six prior DUI convictions during his guilty plea proceedings, rendering his independent claim on that issue procedurally defaulted and his ineffective assistance claim meritless. Consequently, the Court affirmed the judgment of the Superior Court denying Sample’s motion.
2026-08-19 · via CourtListener (Free Law Project)
Lowman v. Nelligan
This case concerns a husband appealing the trial court’s decision to modify his spousal support obligation from $6,250 to $2,000 per month after his retirement rather than terminating it. The appellate court stated it reviews such actions for an abuse of discretion, but the provided opinion text ends before stating the final ruling.
2026-08-19 · via CourtListener (Free Law Project)
Sung-Chul Jung v. Fairfax Taxi, Inc.
This case involves a fatal 2019 head-on collision where the Fourth Circuit affirmed judgments for both the deceased driver’s estate and the taxi company, including the exclusion of the plaintiffs’ accident-reconstruction expert. The court ruled that the expert testimony was inadmissible because the plaintiffs missed a report deadline and failed to explain exactly how the crash occurred under Virginia law. The appeals court also affirmed the district court’s finding that diversity jurisdiction existed based on the citizenship of the plaintiffs’ South Korean statutory beneficiaries.
2026-08-19 · via CourtListener (Free Law Project)
Brian O'Connor v. Fairfax Taxi, Inc.
This Fourth Circuit opinion affirmssummary judgment for the defendants in a wrongful death lawsuit arising from a fatal 2019 head-on collision on a Virginia parkway, where the plaintiffs' accident-reconstruction expert was excluded and their evidence failed to satisfy Virginia’s standard for proving exactly how an accident occurred. The court also affirms the district court's determination that the citizenship of the plaintiffs' statutory beneficiaries controls their representative's status for diversity jurisdiction purposes.
2026-08-19 · via CourtListener (Free Law Project)
Morse v. Fortune Socy., Inc.
Christina Morse appealed an order denying the defendants' motions to dismiss her complaint alleging race and sex discrimination, hostile work environment, and retaliation pursuant to New York State and City Human Rights Laws. The Appellate Division of the Second Judicial Department affirmed the lower court's decision, finding that the complaint sufficiently alleges facts to support those causes of action. The decision was made with costs.
2026-08-19 · via CourtListener (Free Law Project)
Matter of Gold
An appellate court has affirmed a lower court’s order denying summary judgment to an executor seeking to enforce an "in terrorem" clause in her deceased father's will, rejecting her claims that her brother violated the clause by rescinding a waiver related to their mother's trust. The Appellate Division ruled that the petitioner failed to make a prima facie showing that no material issues of fact existed requiring a trial.
2026-08-19 · via CourtListener (Free Law Project)
Matter of Gold
In a probate proceeding, the executor of Eugene P. Gold's estate and the decedent's son both sought to construe an "in terrorem clause" in the will regarding the distribution of family business shares. The Appellate Division reversed a lower court order that had granted the executor's motion for summary judgment to dismiss the son's cross-petition, holding that a triable issue of fact remained regarding whether the executor had violated the in terrorem clause.
2026-08-19 · via CourtListener (Free Law Project)
Matter of Adames v. Digangi
The Appellate Division reversed a Family Court order that dismissed the father's petition for custody because the lower court failed to communicate with the appropriate Florida court as required by statute. The court reinstated the petition and remitted the matter back to Family Court for further proceedings. Additionally, the Appellate Division denied the mother's motion to dismiss the appeal and struck several portions of her brief that referenced material outside the record.
2026-08-19 · via CourtListener (Free Law Project)
State of Iowa v. Steven Vivas
Steven Vivas and the State agreed that the district court erred by failing to follow procedural requirements for accepting his admission that he is a habitual offender, leading to the appellate court vacating Vivas’s enhanced sentence. The court remanded the case with directions for the district court to conduct the proper colloquy to accept the admission or to hold a trial on the habitual-offender enhancement.
2026-08-19 · via CourtListener (Free Law Project)
State of Iowa v. Logan Mitchell Isaac
The court of appeals affirmed Logan Isaac’s convictions for third-degree sexual abuse and willful injury, holding that police lawfully searched his backpack as a search incident to arrest because it was within his immediate control at the time he was taken into custody. The court rejected Isaac’s Fourth Amendment challenge to the search, concluding that even if police should not have searched the bag at the scene, the evidence would have been inevitably discovered via a search warrant for his grandmother’s apartment. The opinion concludes without resolving Isaac’s argument regarding potential error at the sentencing hearing.
2026-08-19 · via CourtListener (Free Law Project)
State v. Maiocco
Roy Maiocco appealed his conviction for misdemeanor assault and two counts of disorderly conduct following a knife fight with his neighbor during a dispute over Facebook photos. The Ohio Court of Appeals vacated the second disorderly conduct conviction due to insufficient jurisdiction, as the State never filed a valid complaint for that charge, but it affirmed the assault and first disorderly conduct convictions based on sufficient evidence.
2026-08-19 · via CourtListener (Free Law Project)
Penn v. State
Jarrod Penn appealed his convictions, arguing that police lacked reasonable suspicion to stop him and that the State failed to establish chain of custody because Corporal Akil was not called to testify. The court found that the officer’s observations of Penn’s sagging jacket and nervous behavior provided reasonable suspicion to investigate, and that the statute did not require a witness who did not take custody of the evidence to appear. Therefore, the Delaware Supreme Court affirmed the convictions.
2026-08-19 · via CourtListener (Free Law Project)
State of Minnesota v. Nicholas Norton Engel
The Minnesota Supreme Court had to decide whether evidence of a defendant’s vehicular flight following an unconstitutional traffic stop must be suppressed under the exclusionary rule. Applying a four-factor attenuation test to the relevant facts, the court held that the evidence did not require suppression and affirmed the conviction for fleeing a peace officer.
2026-08-19 · via CourtListener (Free Law Project)
Tiffany Lawyer v. Leah Vandenbosch and The National Mutual Insurance Company
Tiffany Lawyer appealed a district court judgment after a jury found she failed to mitigate damages and was 75% at fault for a collision, resulting in her recovery of zero damages. She argued the district court erred by submitting the failure-to-mitigate defense despite insufficient evidence and in refusing to add an instruction on alternative treatments. The appellate court affirmed the decision, finding substantial evidence supported the defense and that the district court correctly refused to add Lawyer’s proposed sentence to the jury instruction.
2026-08-19 · via CourtListener (Free Law Project)
Ian Fischer, Personal Representative for the Estate of Pamela Sue Daggett v. Catholic Health Initiatives-Iowa, Corp., d/b/a MercyOne Des Moines Medical Center, Urology Center of Iowa, PLLC, Diagnostic Imaging Associates, P.C. and Brian Gallagher, M.D.
Pamela Daggett died after suffering an allergic reaction to contrast dye during a medical procedure, leading her estate to file medical malpractice claims against multiple medical entities and doctors. The district court dismissed the lawsuit for failing to comply with Iowa’s certificate-of-merit statute, but the court of appeals held that the statute applies to these claims. The appellate court reversed the dismissal, ruling that the certificate of merit provided by a board-certified radiologist substantially complied with statutory requirements and remanded the case for further proceedings.
2026-08-19 · via CourtListener (Free Law Project)
Chad Reese Bennett v. Shannon Marie Remington and M.R.
Chad Reese Bennett filed a petition against Shannon Remington and her daughter, M.R., alleging they acted jointly to cause him injury through false arrest and other claims following his criminal conviction, while Remington moved to dismiss the case, arguing Bennett’s previous convictions and his intent to harass the child victim precluded relief. The district court dismissed Bennett’s claims, and the Iowa Court of Appeals affirmed those dismissals.
2026-08-19 · via CourtListener (Free Law Project)
BRYSON JACKSON v. PARKER CANTRELL
The court considered a personal injury case in which Bryson Jackson sued Parker Cantrell for accidentally shooting him, contesting the Cantrells’ summary judgment defense based on a signed release and lack of other insurance. Jackson argued that the LLC’s other insurance policies impacted the release’s validity, leading the appellate court to rely on *Harvey v. Hall* to evaluate the arguments. Ultimately, the court ruled that the doctrine from *Harvey* required reversal and decided to reverse the trial court’s grant of summary judgment to Parker and Brad.
2026-08-19 · via CourtListener (Free Law Project)
Kerner v. City of New York
Michele Kerner appealed an order granting summary judgment to the City of New York and the Department of Transportation in an action to recover damages for personal injuries after tripping on a metal sidewalk grate. The Appellate Division reversed that order, finding that the defendants failed to establish their entitlement to judgment because the employee witness supporting their claim regarding ownership provided conclusory evidence without a proper foundation.
2026-08-19 · via CourtListener (Free Law Project)
Whitaker v. Mills
FINDINGS, CONCLUSIONS, AND RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE: The Court should dismiss Plaintiff Jamison Whitaker's claims under 42 U.S.C. § 1983 without prejudice subject to the rule announced in Heck v. Humphrey, 512 U.S. 477 (1994) and decline to exercise supplemental jurisdiction over any state-law claims asserted in the complaint. (Ordered by Magistrate Judge David L. Horan on 8/18/2026) (twd)
2026-08-18 · via GovInfo (US GPO / USCOURTS)
Edward v. Blackfeet Family Court
ORDER: IT IS ORDERED that Respondent Footes Motion to Dismiss (Doc. 16) is GRANTED. IT IS FURTHER ORDERED that Respondent Blackfeet Family Courts Motion to Dismiss (Doc. 18) is GRANTED. The Court additionally DISMISSES as moot Petitioner Edwards Motion for Order/Judgment (Doc. 9). The Clerk of Court is directed to close this case. Signed by Judge Brian Morris on 8/18/2026. (KAH)
2026-08-18 · via GovInfo (US GPO / USCOURTS)
Parenting and Adoption of A.M.S.
T.J.S. appeals the district court’s termination of his parental rights to A.M.S. and the decree approving Q.O.’s adoption of the child. The Supreme Court of Montana has affirmed the district court’s order.
2026-08-18 · via CourtListener (Free Law Project)
In the Matter of the Estate of Sherrill Lagene 'Gene' Thompson, Deceased: Heirs of Sherrill Lagene Thompson v. Cynthia Cabibi Bird
The heirs of Gene Thompson appealed a Pearl River County Chancery Court dismissal of their petition to reopen his estate, arguing that the widow misled them regarding a renounced prenuptial agreement and a will executed in 1999. The Mississippi Court of Appeals reversed the chancery court’s ruling that the petition was time-barred, remanding the case for further proceedings.
2026-08-18 · via CourtListener (Free Law Project)
Sunny Day Buskirk v. Dan Hall Hodge, III
This case involves a child-custody dispute between Sunny Day Buskirk and Dan Hall Hodge, III, over their minor son. Buskirk appealed a judgment granting Hodge joint legal custody and extended visitation. The appeals court affirmed the lower court’s ruling, finding no manifest error in the decision.
2026-08-18 · via CourtListener (Free Law Project)
Sowter (ID 2100155772) v. Kansas, State of et al
MEMORANDUM AND ORDER ENTERED: This case is dismissed with prejudice. Signed by District Judge John W. Lungstrum on 08/18/2026. Mailed to pro se party Michael Everett Sowter, II by regular mail. (smnd)
2026-08-18 · via GovInfo (US GPO / USCOURTS)
WILBON v. SUNBELT MODULAR INC et al
ORDER denying 36 Motion for Leave to Remotely Attend the August 20, 2026, Status Conference. Ordered by US DISTRICT JUDGE W LOUIS SANDS on 8/18/2026. (bcl)
2026-08-18 · via GovInfo (US GPO / USCOURTS)
State v. Bennett
Erick Bennett, convicted of murder, appealed a trial court's denial of his motion to open or vacate his conviction based on allegations of fraud, arguing that the court lacked subject matter jurisdiction. The Appellate Court agreed that a criminal court loses jurisdiction once a defendant begins serving his sentence, but ordered the judgment be modified to a dismissal and the case remanded for that issuance. Additionally, the court declined to extend civil fraud-opening authority to the criminal context, finding Bennett failed to raise previously undiscoverable evidence to support his claim and had available statutory alternatives to challenge his conviction.
2026-08-18 · via CourtListener (Free Law Project)
Beachem v. DOC-1455 Higdon Ferry Road MOB, LLC et al
MEMORANDUM OPINION & ORDER granting 15 Motion for Summary Judgment. Signed by District Judge Susan O Hickey on August 18, 2026. (mbm) Modified on 8/19/2026 to correct docket text (bjb).
2026-08-18 · via GovInfo (US GPO / USCOURTS)
In Re Flor De Jesus Esquivel v. the State of Texas
By petition for writ of mandamus, Flor De Jesus Esquivel challenges a trial court's decision to grant Paulo Pedraza Jr. a new trial in a personal injury case arising from a vehicle collision, arguing that no valid reason existed to set aside the jury’s verdict which found no negligence but awarded damages for pain and suffering. The appellate court determined that the order granting the new trial was "facially invalid" for failing to provide a specific explanation for disregarding the jury's verdict. Because of this deficiency, the court conditionally granted the petition for writ of mandamus in part.
2026-08-18 · via CourtListener (Free Law Project)
USA v. Urena-Jimenez et al
ORDER granting 34 Motion for Reconsideration and withdrawing 33 Order on Motion to Suppress as to Americo Urena-Jimenez (1), Fausto Urena-Jimenez (2). So Ordered by Chief Judge John J. McConnell, Jr. on 8/18/2026. (Jackson, Ryan)ORDER granting 34 Motion for Reconsideration and withdrawing 33 Order on Motion to Suppress as to Americo Urena-Jimenez (1), Fausto Urena-Jimenez (2). So Ordered by Chief Judge John J. McConnell, Jr. on 8/18/2026. (Jackson, Ryan)
2026-08-18 · via GovInfo (US GPO / USCOURTS)
Aulizio v. Whitehouse
Memorandum Opinion and Order: For the reasons stated herein, Defendant Shawn Whitehouse's Motion for Summary Judgment (Doc. 26) is GRANTED. Judge Bridget Meehan Brennan on 8/18/26. (T,A)
2026-08-18 · via GovInfo (US GPO / USCOURTS)
United States v. Kenneth Mininger
Kenneth Mininger appeals convictions for manufacturing and possessing child pornography, arguing that police violated the Fourth Amendment by warrantlessly examining the SD cards from cameras he secretly placed in his ex-wife’s shared living spaces and by subsequently using that information to obtain a tainted warrant to search his devices. The Eleventh Circuit held that Mininger lacked a reasonable expectation of privacy in the unsecured recording cards and rejected the contention that warrants to search electronic devices must be limited by time or category as to the files that may be reviewed. Consequently, the court affirmed the district court’s denial of Mininger’s motion to suppress evidence.
2026-08-18 · via CourtListener (Free Law Project)
Rian Gatlin v. Hattiesburg Public School District
Alicia Wallace sued the Hattiesburg Public School District under the Mississippi Tort Claims Act alleging negligent supervision of her daughter Rian following a schoolyard fight. The Forrest County Circuit Court granted the district summary judgment, determining that the school district used ordinary care and took reasonable steps to minimize foreseeable risks, and that the plaintiff failed to present a genuine issue of material fact. The Mississippi Court of Appeals affirmed the circuit court’s decision, finding no error in the grant of summary judgment to the School District.
2026-08-18 · via CourtListener (Free Law Project)
Michael R. Powell, Individually and as Personal Representative of The Estate of Sandra Y. Powell, Ashley Nicole Alford, Joshua Michael Powell, Kody Brooke Green and Kylie Alyssa Hart v. Natchez Hospital Company, LLC d/b/a Merit Health Natchez
The estate and family of an ER nurse who died of COVID-19 complications sued Merit Health Natchez alleging intentional torts to bypass the exclusivity provision of the Workers’ Compensation Law. The trial court granted the hospital summary judgment because the plaintiffs failed to provide evidence the hospital acted with actual intent to harm the nurse, and the Court of Appeals affirmed that decision. The court also agreed with the hospital's cross-appeal to enter the summary judgment "with prejudice."
2026-08-18 · via CourtListener (Free Law Project)