Legal news archive
Every item ever ingested, 2119 total. Nothing is deleted or overwritten as new items arrive -- this page just paginates further back.
Adams v. Moose Hill Orchards, LLC
Plaintiff Caroline Adams sued Moose Hill Orchards, LLC for negligence and loss of consortium after suffering a spinal cord injury while sledding on a privately owned hill open to the public at no charge. The trial court granted the defendant's motion to dismiss based on legal immunity for providing recreational use without charge, emphasizing that the defendant did not directly charge for the sledding itself. The Supreme Court of New Hampshire affirmed the decision, holding that the landowner remains immune because the public could access the sledding hill without a fee, regardless of incidental business activities.
2024-10-11 · via CourtListener (Free Law Project)
State v. Rogers
Defendant Roy Rogers appeals his convictions for driving under the influence and resisting arrest, asserting that the trial court erred by denying his motion to enforce an agreement with police not to prosecute him if his breathalyzer result was under .08. The Supreme Court is determining whether the parties reached a binding "meeting of the minds" regarding that agreement, specifically analyzing the State's argument that the officers lacked an objective intent to be bound by the non-prosecution terms.
2024-10-11 · via CourtListener (Free Law Project)
Perez et al v. Teton County Hospital District et al
ORDER by the US Magistrate Judge Stephanie A Hambrick GRANTING 25 Defendants' Unopposed Motion for Extension of Time. Defendants Emergency Medicine of Jackson Hole, LLC and Tobin Dennis, M.D., shall respond to Plaintiff's Complaint no later than Friday, October 18, 2024. (Court Staff, sbjk).
2024-09-30 · via GovInfo (US GPO / USCOURTS)
STATE, SEC'Y OF STATE v. WENDLAND
The Nevada Court of Appeals ruled that an employee substantially complies with a disciplinary filing requirement by filing the correct form and later supplying the written notification in response to a motion to dismiss. The court also found that the employee received proper due process during a pre-termination investigation, leading to a reversal of the district court's denial of the state's petition for judicial review and remand of the case.
2024-09-26 · via CourtListener (Free Law Project)
Ready v. Natrona County School District No 1 et al
9/25/2024 (Court Staff, sjlg).ORDER by the District Judge Kelly H Rankin denying 45 Motion for Summary Judgment; denying 51 Motion for Summary Judgment; granting 69 Motion for Partial Summary Judgment. Claims 3 and 4 are dismissed. (Court Staff, sdbc) Modified text on
2024-09-18 · via GovInfo (US GPO / USCOURTS)
Haase v. Dine et al
f, sbh). ORDER by the US Magistrate Judge Stephanie A Hambrick granting 45 MOTION to Amend/Correct 19 Amended Complaint. Third Amended Complaint to be filed within 3 business days. (Court Staff, sbjk) Modified text on 9/13/2024 (Court Staf
2024-09-12 · via GovInfo (US GPO / USCOURTS)
Flores v. McLain
Corinne Flores appealed a district court dismissal of her petition for visitation privileges under the Grandparent’s Visitation Privileges Act, which the lower court had barred due to a no-contact order from a related Kinship Guardianship Act proceeding. The Court of Appeals declined to apply the no-contact order as a complete bar, holding that the district court possessed jurisdiction to consider the merits of the visitation petition alongside any motion to modify the order. Accordingly, the appellate court reversed the district court’s ruling and remanded the case for further proceedings.
2024-09-11 · via CourtListener (Free Law Project)
Sierra et al v. Trafigura Trading, LLC
MEMORANDUM OPINION. Signed by Judge Christopher J. Burke on 9/6/2024. (smg)
2024-09-06 · via GovInfo (US GPO / USCOURTS)
State v. Eileen Ettore
Defendant Eileen Ettore challenged the denial of her motion to suppress a breath-alcohol test, arguing that the officer violated her implied-consent rights by asking her to elect a second test before informing her of the first result. The Supreme Court agreed that Vermont law requires law enforcement to provide suspects with the results of the first breath test before requiring them to elect whether to take a second test, reversing the trial court’s decision in favor of the defendant.
2024-08-30 · via CourtListener (Free Law Project)
State v. Van Uden
State v. Van Uden concerns an appeal from Thomas Van Uden’s convictions for reckless conduct with a deadly weapon following a high-speed accident where he was unconscious and treated with Narcan. The Supreme Court ruled that any error in admitting lay witness testimony about the defendant’s opioid use was harmless beyond a reasonable doubt, stating that it would "affirm in part, reverse in part, and remand." The text of the decision provided, however, cuts off before addressing the court’s ruling on the whether the State's closing argument was improper or regarding the merging of the convictions.
2024-08-29 · via CourtListener (Free Law Project)
Rebecca Adeyanju v. Foot and Ankle Associates of Maine, P.A.
Rebecca Adeyanju appealed a summary judgment in favor of her former employer, Foot and Ankle Associates, alleging that her termination for missing work was due to discrimination stemming from ICE involvement with her husband. The Maine Supreme Judicial Court vacated the Superior Court’s ruling and remanded the case for trial, concluding that the record contained genuine issues of material fact regarding whether the employer’s stated reason for termination was pretextual.
2024-08-20 · via CourtListener (Free Law Project)
State v. Arguello
Following a bench trial, Michael Arguello was convicted of driving under the influence of liquor (DUI) and careless driving for an incident involving a cyclist. The court of appeals reversed the careless driving conviction, holding that the convictions violated double jeopardy because the district court relied on the same evidence to convict him of both crimes. The court remanded to vacate the careless driving conviction but otherwise affirmed the DUI conviction and the district court’s evidentiary rulings.
2024-08-05 · via CourtListener (Free Law Project)
Roberts v. Black Hawk County District Court et al
MEMORANDUM Opinion and Order remanding this matter is to the Iowa District Court for Black Hawk County (See Order text). Signed by Judge Leonard T Strand on 7/26/2024. (ePlaintiff, Certified Copy to Black Hawk County via certified mail) (des) (Additional attachment(s) added on 7/26/2024: # (1) Certified Mail Receipt) (des).
2024-07-26 · via GovInfo (US GPO / USCOURTS)
Waterbury v. Nelson
Jason Waterbury sued his estate planning attorney for malpractice after she failed to respond to his inquiries regarding a power of attorney, arguing that a rule violation created a legal duty to a non-client. The New Mexico Supreme Court affirmed a lower court's decision to grant summary judgment, rejecting the argument that Code of Professional Conduct rules create a duty while clarifying that they establish a standard of care.
2024-07-25 · via CourtListener (Free Law Project)
In re J.M.
Applicant J.M. seeks admission to the Rhode Island Bar despite a history of academic suspensions, criminal arrests, and conduct registering a former classmate for pornographic websites. Although the Committee on Character and Fitness recommended a three-year conditional admission, the Court held a hearing to determine if cause existed to reject this recommendation. The Supreme Court denied J.M.’s petition for admission, declining to accept the committee’s recommended conditions.
2024-07-03 · via CourtListener (Free Law Project)
Blizzard v. Boe
ORDER DENYING 7 PETITION UNDER 28 U.S.C. § 2254 FOR WRIT OF HABEAS CORPUS; Denying 14 Petitioner's Motion to Appoint Counsel. The Petition is DISMISSED WITH PREJUDICE - The court further certifies that an appeal from this decision could not be taken in good faith, and there is no basis upon which to issue a certificate of appealability. 28 U.S.C. 2253(c);Fed. R. App. P. 22(b). File is CLOSED. Signed by Senior Judge Rosanna Malouf Peterson. (BM, Case Administrator) **31 PAGE(S), PRINT ALL** (Daniel Blizzard, Prisoner ID: 378371)
2024-06-25 · via GovInfo (US GPO / USCOURTS)
Damon Graham v. Isiwat Adekoya
Damon Graham appeals a family division order awarding his ex-partner primary parental rights and a schedule for parent-child contact. He contends that requiring the parties to renegotiate the contact schedule upon the child's entry into preschool improperly gave the mother unilateral control over his parenting time. The court affirmed the lower court's decision, ruling that the order did not unlawfully circumvent applicable statutes.
2024-06-14 · via CourtListener (Free Law Project)
First National Bank and Trust Company of Okmulgee v. Young
ORDER by Magistrate Judge Gerald L. Jackson granting 9 Motion to Remand to State Court; denying as moot 7 Motion to Dismiss for Lack of Jurisdiction and 14 Motion to Vacate. Case remanded to the District Court for Okmulgee County, State of Oklahoma. (case terminated) (pmb, Deputy Clerk)
2024-06-11 · via GovInfo (US GPO / USCOURTS)
State of Minnesota v. Samuel Alejondro Torrez
Samuel Alejondro Torrez appealed his conviction for first-degree refusal to submit to a chemical test, arguing that the district court abused its discretion by not submitting the issue of probable cause to the jury. The court reversed a portion of the sentence and remanded the case for resentencing consistent with a new statute.
2024-06-10 · via CourtListener (Free Law Project)
Brooks Jr v. Ballard et al
ORDER GRANTING 22 & 24 DEFENDANT'S MOTION TO DISMISS, DENYING 29 PLAINTIFF'S MOTION TO AMEND COMPLAINT, AND DENYING 27 PLAINTIFF'S REQUEST FOR ELECTRONIC ACCESS. Plaintiffs Complaint, ECF No. 1, is DISMISSED WITH PREJUDICE. File is CLOSED. Signed by Judge Mary K. Dimke. (SG, Case Administrator) (Service of Notice on parties not registered as users of the Court CM/ECF system accomplished via USPS mail.)
2024-06-10 · via GovInfo (US GPO / USCOURTS)
Auguiste v. Memorial Hospital of Sweetwater County et al
MINUTE ORDER by the US Magistrate Judge Mark L Carman. (Court Staff, sjbo)
2024-06-04 · via GovInfo (US GPO / USCOURTS)
Hall v. Zambrano et al
MEMORANDUM OPINION Signed by Judge Maryellen Noreika on 5/9/2024. (mpb)
2024-05-09 · via GovInfo (US GPO / USCOURTS)
State v. Pederson
Jason Pederson was convicted of one count of terrorizing after sending threatening emails to her former employer and representing herself at trial. On appeal, she argued that the State’s failure to provide a bodycam recording of a police interview constituted a Brady violation. The Supreme Court affirmed the judgment, noting that Pederson failed to establish the recording was favorable to her or plainly exculpatory, and therefore the court did not need to decide if the State had improperly suppressed it.
2024-05-02 · via CourtListener (Free Law Project)
Elmore v. Morgantown Justice Department et al
ment(s) added on 4/22/2024: # (1) Certified Mail Return Receipt) (dk).REPORT AND RECOMMENDATION, AFTER INITIAL SCREENING, RECOMMENDING THAT PLAINTIFF'S COMPLAINT (ECF NO. 2) BE DISMISSED WITHOUT PREJUDICE. The undersigned FINDS that the Complaint [ECF No. 2] fails to state a claim upon which relief may be granted. Accordingly, the undersigned respectfully RECOMMENDS Plaintiff's Complaint, filed in forma pauperis [ECF No. 2] be DISMISSED in its entirety WITHOUT PREJUDICE after review and screening pursuant to 28 U.S.C. § 1915(e)(2)(B)(ii). Further, the undersigned RECOMMNEDS that Plaintiff's corresponding motion to proceed in forma pauperis [ECF No. 1] be DENIED. Signed by Magistrate Judge Michael John Aloi on 4/22/2024. (Copy PS Plaintiff by CM,RRR) (dk) (Additional attach
2024-04-22 · via GovInfo (US GPO / USCOURTS)
State of Louisiana v. Tashonty C Toney
The court reviewed sentencing for Mr. Toney, who was convicted of vehicular homicide and first-degree negligent injuring, where one judge agreed with the majority to affirm the sentences for the negligent injuring offenses but argued that the maximum thirty-year sentences for vehicular homicide were excessive given the defendant's lack of intent and background. The judge concluded that these sentences should be remanded for resentencing rather than affirmed.
2024-04-17 · via CourtListener (Free Law Project)
State of Maine v. Tara L. Watson
Tara L. Watson appealed a three-year prison sentence for unlawfully possessing cocaine base, arguing that the trial court abused its discretion regarding sentencing principles. The Maine Supreme Judicial Court vacated the sentence and remanded the case for the court to resentence Watson.
2024-04-09 · via CourtListener (Free Law Project)
Bonner vs. Rexon Industrial Corp, et al.
ORDER DENYING 79 MOTION, DISMISSING CASE, AND CLOSING FILE. This action is DISMISSED without prejudice. The status conference set for June 4, 2024 is STRICKEN. This file is CLOSED. Signed by Chief Judge Stanley A Bastian. (TNC, Case Administrator)
2024-03-27 · via GovInfo (US GPO / USCOURTS)
Zurich American Insurance Company v. Syngenta Crop Protection LLC
Zurich American Insurance Company and American Guarantee and Liability Insurance Company denied coverage to Syngenta Crop Protection after a lawyer sent a letter threatening litigation regarding paraquat, arguing that the communication did not occur within the policy period. The Superior Court held that the letter was "unclear and amorphous" and failed to constitute a "claim for damages" because it lacked specificity regarding actual damages or formal litigation demands. The Delaware Supreme Court affirmed the lower court's decision, agreeing that the letter did not satisfy the requirements under the insurance policies to trigger coverage.
2024-02-26 · via CourtListener (Free Law Project)
Zurich American Insurance Company v. Syngenta Crop Protection LLC
The Supreme Court of Delaware affirmed a judgment that a pre-policy letter threatening litigation on behalf of Parkinson’s disease clients was not a covered “claim for damages” under Zurich American Insurance Company’s “claims-made” liability policies. The court agreed that the letter was too "unclear and amorphous" to constitute a claim for coverage.
2024-02-26 · via CourtListener (Free Law Project)
State v. Michael A. Armstrong
The State of Vermont appealed the Superior Court’s dismissal of charges against Michael Armstrong for speedy-trial violations after a delay of nearly twenty years. The lower court had discharged the defendant, finding that the State failed in its obligation to reevaluate competency, leading to extensive delay; however, the Vermont Supreme Court reversed the dismissal. The Supreme Court ruled that delays caused by the defendant’s incompetency are not attributable to the State and that the law precludes prosecution while a defendant is incompetent.
2024-02-16 · via CourtListener (Free Law Project)
South v. Lujan
Former Sandia Pueblo police officer Tiffany South appealed the district court’s dismissal of her claims for sexual harassment and retaliation under the New Mexico Human Rights Act against former police chiefs Lujan and Duran, arguing that individuals can be held liable for aiding discriminatory conduct. The Court of Appeals affirmed the decision, finding that the NMHRA’s definition of "person" excludes Tribal Nations and that individuals cannot be held liable under the act if their employer is not itself an employer subject to the statute.
2024-02-14 · via CourtListener (Free Law Project)
Jeffrey Lance Cruce v. Berkeley Cnt School Dist
Petitioner Jeffrey L. Cruce appealed a ruling that he was a public official and immune from liability regarding a defamation lawsuit over an email questioning his file integrity. The Supreme Court of South Carolina reversed the appellate court, holding that Cruce is not a public official because his role as a sports coach and athletic director does not involve control over significant issues of public policy or government functions. Accordingly, the Court ruled he is not required to prove "actual malice" to prevail on his defamation claim.
2024-01-17 · via CourtListener (Free Law Project)
Kugmeh v. Uber Technologies
MEMORANDUM OPINION Signed by Judge Colm F. Connolly on 1/16/2024. (nmf)
2024-01-16 · via GovInfo (US GPO / USCOURTS)
Champion v. United States
After being convicted of gun-related offenses following a police discovery of a weapon in his jacket during a traffic stop, Juwan Champion argued that the officers violated his Fourth Amendment rights by frisking the garment. The D.C. Court of Appeals reversed his convictions, agreeing that the trial court erred in determining the officers had the legal authority to pat down the jacket containing the weapon without reasonable suspicion that he was armed and dangerous.
2024-01-04 · via CourtListener (Free Law Project)
State of West Virginia v. Jones
REPORT AND RECOMMENDATION, AFTER INITIAL SCREENING, RECOMMENDING THAT COMPLAINT [ECF NO. 1] BE DISMISSED WITHOUT PREJUDICE AND THAT MATTERS BE REMANDED TO STATE COURT. Any party shall have fourteen (14) days and then three days from the date of the filing of this Report and Recommendation to file with the Clerk of the Court specific written objections identifying the portions of the Report and Recommendation to which objection is made, and the basis for such objection. Signed by Magistrate Judge Michael John Aloi on 12/18/2023. (Copy to Pro Se Plaintiff by CM:RRR) (jb) (Additional attachment(s) added on 12/18/2023: # (1) Certified Mail Return Receipt) (jb).
2023-12-18 · via GovInfo (US GPO / USCOURTS)
Carr v. Blish & Cavanagh, LLP et al
REPORT AND RECOMMENDATIONS re 2 MOTION for Leave to Proceed in forma pauperis filed by Daniel Carr Objections to R&R due by 12/27/2023.., I recommend that this case be summarily dismissed and that Plaintiffs IFP Motion (ECF No. 2) be denied as moot. So Ordered by Magistrate Judge Patricia A. Sullivan on 12/13/2023. (Saucier, Martha)
2023-12-13 · via GovInfo (US GPO / USCOURTS)
Highroller Transp. v. Nev. Transp. Auth.
Highroller Transportation appealed a district court's order denying its petition for judicial review of administrative citations issued for improperly staging vehicles. The court of appeals affirmed the decision, holding that arguments raised for the first time at a general session meeting are generally waived and that the parties are bound by stipulations made during the administrative hearing to waive findings of fact and conclusions of law.
2023-11-30 · via CourtListener (Free Law Project)
Morgan v. Twitter Inc
ORDER DENYING PLAINTIFF'S MOTION FOR REMAND 64 AND MOTION TO CERTIFY 67, AND GRANTING DEFENDANT'S MOTION TO DISMISS 43. Case closed. Signed by Judge Mary K. Dimke. (CV, Courtroom Deputy)
2023-11-22 · via GovInfo (US GPO / USCOURTS)
Jason Boucher v. Town of Moultonborough
Jason Boucher appeals an order granting the Town of Moultonborough’s motion to dismiss his complaint alleging that he was constructively discharged. The trial court upheld the dismissal, finding that the plaintiff failed to exhaust the administrative remedies required by RSA 41:48 before filing suit. The Supreme Court of New Hampshire has reversed that decision and remanded the case for further proceedings.
2023-11-15 · via CourtListener (Free Law Project)
King v. U.S.D. 501
Johnny King sued Unified School District 501 after being terminated for failing to follow emergency safety intervention policies, alleging a violation of public policy. The district court initially allowed the case to proceed under a public policy exception to Kansas' employment-at-will doctrine, but the Court of Appeals reversed the judgment and dismissed the case. The appellate court determined that the cited statutes do not create a public policy exception sufficient to justify a wrongful discharge claim.
2023-11-09 · via CourtListener (Free Law Project)