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Smitherman v. Roberts - Employment Dispute Appeal
The Alabama Supreme Court issued an opinion in Smitherman v. Roberts, an employment dispute involving a former teacher and the Department of Youth Services (DYS). The court reversed and remanded the lower court's judgment in favor of the plaintiff, Derrick Roberts.
Kinsman Investments LLC v. Alfa Mutual Insurance Company - Mandamus Petition
The Supreme Court of Alabama granted a petition for a writ of mandamus, directing the Mobile Circuit Court to set aside its order denying summary judgment. The case involves claims by Kinsman Investments LLC against Alfa Mutual Insurance Company and its adjuster, Jeffery Dimoff, regarding insurance payouts after Hurricane Katrina.
Jackie Walter v. Branch Hays Farm SC Associates, LP, and Hudson Construction Company
The Supreme Court of Alabama affirmed a summary judgment against Jackie Walter in her slip-and-fall case against Branch Hays Farm SC Associates, LP, and Hudson Construction Company. The court found the hazard was open and obvious as a matter of law.
Ballard Spahr LLP v. Official Committee of Equity Security Holders - Seventh Circuit Opinion
The Seventh Circuit Court of Appeals affirmed a lower court's decision in Ballard Spahr LLP v. Official Committee of Equity Security Holders. The court ruled that the debtor, Greenpoint Tactical Income Fund LLC, was not liable for legal fees incurred by its managing member, Michael Hull, in relation to SEC and DOJ investigations.
Johnnie Russell v. Ryan Comstock - Civil Rights Appeal
The Seventh Circuit Court of Appeals issued an opinion in the case of Johnnie Russell v. Ryan Comstock, concerning a civil rights appeal related to a Fourth Amendment violation claim. The court reviewed the district court's grant of summary judgment in favor of the defendant police officers.
Nielsen v. Burke - Seventh Circuit Court of Appeals Opinion
The Seventh Circuit Court of Appeals issued an opinion in Nielsen v. Burke, affirming in part and reversing in part a district court decision. The case involves a former inmate suing prison officials for failing to protect her from sexual assault. The court affirmed the denial of qualified immunity and the jury's finding of liability, awarding $19.3 million in damages.
Nielsen v. Macleod - Civil Rights Lawsuit Opinion
The Seventh Circuit Court of Appeals issued an opinion in Nielsen v. Macleod, affirming a jury's $19.3 million award against prison officials for violating an inmate's Eighth Amendment rights. The court upheld the denial of qualified immunity for the defendants.
Johnnie Russell v. Ryan Comstock - Civil Rights Appeal
The Seventh Circuit Court of Appeals issued an opinion in Johnnie Russell v. Ryan Comstock, concerning a civil rights lawsuit alleging Fourth Amendment violations. The court reviewed the district court's grant of summary judgment in favor of police officers.
Jacqueline Gaines v. Denise Cross - First Amendment Employment Case
The Sixth Circuit Court of Appeals affirmed a district court's dismissal of a First Amendment claim filed by Jacqueline Gaines, a former magistrate judge. The court found that her termination for campaign speech that negatively portrayed the court did not violate her free speech rights, as she held a confidential position.
United States v. Lawrence Mark Sherman - Court Opinion
The Sixth Circuit Court of Appeals affirmed the conviction of Dr. Lawrence Mark Sherman for conspiring to distribute controlled substances and unlawful distribution. The court found no reversible error in the district court's proceedings or denial of a new trial motion. The case involved the operation of Tranquility Wellness Center and the unlawful distribution of opioid prescriptions.
LaFleur v. Yardi Systems, Inc. - Right of Publicity Claim
The Sixth Circuit affirmed the dismissal of a right of publicity claim against Yardi Systems, Inc. The court found that the plaintiffs failed to allege that their identities carried distinct commercial value, a required element for such claims. This ruling impacts how individuals can assert privacy rights related to online data aggregation.
Ethan Ennes v. Presque Isle County, Michigan - Excessive Force Lawsuit
The Sixth Circuit Court of Appeals affirmed a lower court's decision granting summary judgment to Presque Isle County and Deputy Dave Schmoldt in a lawsuit filed by Ethan Ennes. Ennes alleged excessive force and other claims stemming from an incident in a classroom. The court found no genuine dispute of material fact.
Wm. Powell Co. v. Ocean Marine Ins. Co. - Sixth Circuit Opinion
The Sixth Circuit Court of Appeals issued a non-precedential opinion in Wm. Powell Co. v. Ocean Marine Ins. Co. The court vacated a district court's dismissal order and remanded the case for further proceedings concerning insurance policy coverage disputes dating back several decades.
Court Upholds Injunction Against South Dakota Election Law
The Eighth Circuit Court of Appeals upheld a preliminary injunction against South Dakota's Senate Bill 180, which governs paid petition circulators. The court found the law likely violates the First Amendment by being overbroad and not narrowly tailored to election integrity.
United States v. Jeffrey Dixon - Criminal Sentencing Appeal
The Eighth Circuit Court of Appeals affirmed a revocation sentence for Jeffrey Dixon, finding the district court's familiarity with the record did not constitute plain error and the sentence was not substantively unreasonable. The court published its opinion on November 1, 2022.
Megan Green v. Cliff Sommer - Civil Rights Case Ruling
The Eighth Circuit Court of Appeals ruled on the civil rights case Megan Green v. Cliff Sommer. The court partially affirmed the denial of qualified immunity for some officers involved in a tear gas incident during protests, while granting it for others and dismissing conspiracy claims.
Fatima Coreas-Chavez v. Merrick Garland - Immigration Petition Review
The Eighth Circuit Court of Appeals denied an immigration petition for review in Fatima Coreas-Chavez v. Merrick Garland. The court found that the petitioners failed to demonstrate error in the Board of Immigration Appeals' decision regarding their fear of persecution, thus waiving their challenge.
Furlow v. Belmar - Civil Rights Challenge to St. Louis County Wanted System
The Eighth Circuit Court of Appeals ruled on a civil rights case challenging St. Louis County's electronic wanted system. The court found that while a facial challenge to the system failed, one officer was not entitled to qualified immunity, and the municipal liability claim was dismissed.
CFHC v. CoreLogic Rental Prop Sols - Fair Housing Act Case
The Second Circuit Court of Appeals vacated in part, affirmed in part, and reversed in part a district court decision concerning alleged violations of the Fair Housing Act and Fair Credit Reporting Act by CoreLogic Rental Property Solutions. The court found the Connecticut Fair Housing Center lacked standing and that CoreLogic did not cause housing denials based on criminal history, but affirmed a violation of the Fair Credit Reporting Act.
Broadcast Music, Inc. v. North American Concert Promoters Association - Antitrust
The Second Circuit Court of Appeals vacated a district court's decision regarding music licensing fees set by Broadcast Music, Inc. (BMI) for the North American Concert Promoters Association (NACPA). The court found the imposed rates and expanded definition of gross revenues to be unreasonable and remanded the case for further proceedings.
SBK ART LLC v. Akin Gump Strauss Hauer & Feld LLP - Discovery for Foreign Litigation
The Second Circuit affirmed a district court's order granting SBK ART LLC's petition for discovery in aid of foreign litigation under 28 U.S.C. §1782. The court disagreed with Akin Gump's argument that discovery should be denied if not discoverable from the foreign client abroad, upholding the district court's discretion.
United States v. Jimenez - Appeal of Sentencing Conditions
The U.S. Court of Appeals for the Second Circuit affirmed a district court's sentencing decision for William Jimenez. The court found that the special conditions of supervised release, including electronic device searches and mental health counseling, were adequately supported and that Jimenez's appeal waiver barred his challenge to his imprisonment term.
Safdieh v. Commissioner - Tax Penalties Assessment
The Second Circuit Court of Appeals ruled that the Commissioner of Internal Revenue may assess penalties for failing to report foreign business control under I.R.C. § 6038(b) through administrative assessment, overturning a Tax Court decision. This decision impacts how the IRS collects these specific penalties.
Funk v. Funk - Appeal of Arbitration Award Confirmation
The Utah Court of Appeals issued an opinion in Funk v. Funk, addressing an appeal from a district court's order confirming an arbitrator's temporary award. The court is considering summary disposition due to a lack of a final, appealable order.
State v. Revuelta - Utah Court of Appeals Opinion
The Utah Court of Appeals affirmed a defendant's convictions for possession of a controlled substance with intent to distribute. The court found that the magistrate did not err in finding probable cause for the search warrant executed on the defendant's home.
State v. Alvarado-Rodriguez - Utah Court of Appeals Opinion
The Utah Court of Appeals affirmed the conviction of Aaron Alvarado-Rodriguez for sexually abusing his stepdaughter. The court ruled that the trial court did not abuse its discretion in admitting evidence of Alvarado-Rodriguez's prior abuse of another child.
Washington v. State - Postconviction Relief Appeal
The Utah Court of Appeals reversed the summary dismissal of two postconviction relief claims filed by Terry Wayne Washington, remanding the case for further proceedings. The court affirmed the denial of counsel and summary judgment on a third claim, as well as the failure to address a fourth claim.
MFRE v. Saratoga Springs - Eminent Domain Dispute
The Utah Court of Appeals affirmed a lower court's denial of a motion to dismiss an eminent domain action filed by the City of Saratoga Springs against MFRE. The court found that the City satisfied its statutory disclosure and notice obligations prior to filing suit.
Jacobs v. State - First-Degree Manslaughter Conviction Upheld
The Oklahoma Court of Criminal Appeals upheld the first-degree manslaughter conviction of James Wesley Jacobs, Jr. The court found no abuse of discretion in the jury instructions and affirmed the sentence of forty years imprisonment and a $10,000 fine.
Battee v. State - Conjoint Robbery Conviction Appeal
The Oklahoma Court of Criminal Appeals affirmed a conjoint robbery conviction for Trymel Keith Battee. The appeal raised issues regarding the trial judge's potential conflict of interest due to seeking employment with the OSBI and the reliability of an in-court identification.
Pena v. State - Appeal from Drug Activity Conviction
The Oklahoma Court of Criminal Appeals affirmed a drug activity conviction for Jesus Efren Pena. Pena was sentenced to eight years imprisonment and a $50,000 fine for acquiring proceeds from drug activity. The court found sufficient evidence to support the conviction.
Oklahoma Court of Criminal Appeals Adds Rule for Generative AI
The Oklahoma Court of Criminal Appeals has adopted a new rule governing the use of generative artificial intelligence (AI) in drafting documents for court filings. The rule requires parties or counsel to verify the accuracy of any AI-generated content before filing.
Acosta v. State - Post-Conviction Relief Denial Affirmed
The Oklahoma Court of Criminal Appeals affirmed the denial of post-conviction relief for Victor Don Acosta. The court found that Acosta's claims of ineffective assistance of counsel were barred by res judicata and waiver, and that his application was untimely filed.
Salazar v. State of Texas - Mandamus Motion Denied
The Texas Court of Appeals, 13th District, denied Jesus R. Salazar's petition for a writ of mandamus. The court found that Salazar failed to establish entitlement to mandamus relief regarding his request to start the appeals process and appoint him an attorney.
Jake Erin Taylor v. State of Texas - Murder Case Affirmed
The Texas Court of Appeals affirmed the conviction of Jake Erin Taylor for murder. The court assessed his punishment at seventy years imprisonment and a $10,000 fine. The appeal challenged the sufficiency of the evidence regarding self-defense.
Castro v. State of Texas - Continuous Sexual Abuse of Child
The Texas Court of Appeals, 1st District, affirmed a lower court's judgment against Juan Alberto Castro. Castro was found guilty of continuous sexual abuse of a child and sentenced to thirty years confinement. The court addressed multiple issues raised by the appellant regarding prosecutorial misconduct, ineffective assistance of counsel, and evidentiary rulings.
Navigator Group v. Susan Davis Van Dyke - Oil & Gas Deed Interpretation
The Texas Court of Appeals affirmed a lower court's decision in Navigator Group v. Susan Davis Van Dyke, interpreting a 1924 deed's mineral reservation. The court determined the reservation of "one-half of one-eighth" meant one-half of the grantors' mineral interest, not merely one-sixteenth of the total minerals.
Navigator Group v. Susan Davis Van Dyke - Oil & Gas Dispute
The Texas Court of Appeals affirmed a lower court's decision in a dispute over a mineral reservation in a 1924 deed. The ruling clarifies ownership of mineral rights between successors of the original grantor and grantee.
A.R. Foods v. Carolina South Shore Construction - Legal Opinion
The Court of Appeals of South Carolina issued a non-precedential opinion in A.R. Foods, Inc. v. Carolina South Shore Construction, Inc. The court affirmed the circuit court's order granting summary judgment in favor of the defendant, Carolina South Shore Construction, Inc. The opinion addresses claims of negligence, breach of contract, and breach of implied warranty of workmanlike service.
Dawson v. Pounds - South Carolina Court Opinion
The Court of Appeals of South Carolina issued a non-precedential opinion in Dawson v. Pounds, affirming a lower court's decision to uphold the validity of a will. The court found that the will was properly executed, even with a contested witness signature, as the notary's actions satisfied the requirements for a second witness.
State v. Jakavis Green - Non-Precedential Opinion
The Court of Appeals of South Carolina affirmed a lower court's decision in State v. Jakavis Green, denying a motion to suppress evidence. The court found that the officer had reasonable suspicion for the traffic stop based on a good-faith understanding of the statute, even if the statute was later challenged as vague.
Steve Lester v. State of South Carolina - Court Opinion
The Court of Appeals of South Carolina issued a non-precedential opinion affirming the circuit court's denial of a juvenile offender's motion to reconsider his life imprisonment sentence. The court found the motion was filed after the one-year deadline set forth in Aiken v. Byars.
Wright v. Duncan - Court of Appeals Opinion
The Court of Appeals of South Carolina reversed in part and affirmed in part a family court order concerning the termination of parental rights. The court found that termination of the mother's parental rights was in the best interests of the children, reversing the family court's decision on this matter.
Com. v. Gigee, S. - Criminal Appeal
The Pennsylvania Superior Court affirmed a judgment of sentence in Com. v. Gigee, S. The court granted the appellant's counsel's petition to withdraw, finding the appeal to be wholly frivolous after an independent review of the record. The case involved charges of theft by deception and receiving stolen property.
Com. v. Atkinson - Criminal Appeal
The Pennsylvania Superior Court issued a non-precedential opinion in Com. v. Atkinson, addressing an appeal from a judgment of sentence following probation revocation. The court affirmed the sentence imposed by the municipal court.
CVS Pharmacy v. City of Philadelphia - Superior Court Opinion
The Superior Court of Pennsylvania issued an opinion in CVS Pharmacy v. City of Philadelphia, affirming an order that overruled the appellant pharmacies' preliminary objections. The case concerns the pharmacies' alleged failure to report quantities of Schedule II controlled substances to prevent diversion.
Liberty Property v. Kendal Heaton Assoc. - Contract Dispute
The Superior Court of Pennsylvania affirmed a lower court's order enforcing a settlement agreement between Liberty Property Limited Partnership and Kendall Heaton Associates, Inc. The dispute involved construction defects and cost overages for the Comcast Technology Center.
Clemmons v. Lehr - Appeal of Punitive Damages Award
The Superior Court of Pennsylvania issued a non-precedential decision regarding an appeal of a jury's punitive damages award. The court affirmed in part, vacated in part, and remanded the case concerning a $25,000,000 punitive damages award reduced to $1,000,000 by the trial court.
B.F. Cash v. Bureau of Driver Licensing - DUI Implied Consent
The Commonwealth Court of Pennsylvania affirmed a one-year driver's license suspension for a DUI arrestee who refused chemical testing. The court found the police had reasonable grounds to request the test and properly informed the appellant of the consequences of refusal under the Implied Consent Law.
K. Booth v. PPB - Parole Violation Appeal
The Commonwealth Court of Pennsylvania issued a non-precedential opinion in K. Booth v. PPB, affirming the Pennsylvania Parole Board's decision to recommit Booth as a Convicted Parole Violator. The court upheld the recalculation of his parole violation maximum date to April 6, 2026, based on new federal convictions.
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