Schneiderman v. ACS, 2nd Cir, decided April 6

Schneiderman v. ACS, 2nd Cir, decided April 6

Kwok Chapter 11 Bankruptcy Alter Ego Ruling Affirmed

The Second Circuit affirmed a ruling that HK International Funds Investments (USA) Limited, LLC was an alter ego of debtor Ho Wan Kwok, and that the Trustee had standing to assert alter ego claims on behalf of the bankruptcy estate's creditors. The court affirmed the District of Connecticut's judgment, rejecting appellants' arguments that the Trustee lacked standing and that HK was not the debtor's alter ego.

Conroy v. Frank - Child Custody Appeal

The Nebraska Court of Appeals affirmed as modified the district court's award of sole legal and physical custody of Sorchal to Sarah L. Frank, reversing the prior 50/50 custody arrangement. The appellate court also affirmed child support and retroactive child support obligations against William M. Conroy. The modification was based on Conroy's second OWI offense with the child in the vehicle and other material changes in circumstances.

State v. Suhr - Criminal Drug and DUI Convictions Affirmed

The Nebraska Court of Appeals affirmed all convictions for Blake J. Suhr on three counts of possession of a controlled substance with intent to distribute, one count of prohibited acts, one count of DUI, and three counts of DUI with passengers under 16. The court rejected Suhr's challenges to the denial of his motion to suppress, the State's filing of a fourth amended information, and claims of ineffective assistance of counsel.

State v. Davis - Criminal Convictions Affirmed

The Nebraska Court of Appeals affirmed Imhotep A. Davis' convictions for manslaughter, first degree assault, two counts of use of a firearm to commit a felony, possession of a firearm by a prohibited person, unlawful possession of a firearm on school grounds, and tampering with evidence. Davis appealed challenging jury instructions, charges submitted to the jury, his sentences, and ineffective assistance of trial counsel. All challenges were rejected and convictions and sentences affirmed.

Mahler v. Mahler - Child Custody Modification Appeal

The Nebraska Court of Appeals decided Mahler v. Mahler, an appeal concerning modification of a child custody decree. The court applied the best interests of the child standard and affirmed the lower court's ruling based on material changes in circumstances affecting the child's welfare. The decision addresses standards for appellate review of custody modifications under Nebraska law.

State v. Chapel - Assault Conviction Appeal Affirmed

The Nebraska Court of Appeals affirmed Daniel M. Chapel's plea-based conviction for first degree assault (Class II felony) in Lancaster County District Court. Chapel received a sentence of 49 to 50 years' imprisonment. The court rejected his claims that the sentence was excessive and that he received ineffective assistance of counsel.

Reitz v. Regional West Physicians Clinic - Medical Malpractice

The Nebraska Court of Appeals affirmed summary judgment in favor of Regional West Physicians Clinic and Regional West Medical Center in a medical malpractice wrongful death action. The appellate court upheld the district court's finding that the Public Readiness and Emergency Preparedness Act (PREP Act) provided immunity to healthcare providers for claims arising from COVID-19 treatment. Appellant Vivian Reitz alleged negligence in pressure injury prevention and informed consent during her late husband's ventilator treatment.

State v. Bishop - Sex Offender Registration Violation Sentence Appeal

The Nebraska Court of Appeals affirmed in part and vacated in part the sentence of Kendrick L. Bishop for a Sex Offender Registration Act (SORA) violation. The court upheld the 3-year imprisonment term but vacated the 18-month post-release supervision portion and remanded for resentencing. Bishop was convicted for failing to update his sex offender registration while living in Lancaster County, Nebraska.

State of Tennessee v. Dooley - Probation Revocation Appeal

The Tennessee Court of Criminal Appeals affirmed the probation revocation of Jerome Nchiyako Dooley, who pled guilty to sexual battery. The trial court revoked his probation after he posted a TikTok video, finding it violated his probation conditions. The appellate court rejected Dooley's arguments that the evidence was insufficient and that the trial court should have recused itself, affirming the judgment requiring him to serve his original five-year sentence incarcerated.