Verdict . News

Fifth Circuit Court of Appeals

Fifth Circuit Reviews Dismissal of Lumen Technologies Securities Case

The U.S. Court of Appeals for the Fifth Circuit is reviewing a securities fraud class action lawsuit against telecommunications company Lumen Technologies and several executives. The district court dismissed the case with prejudice following adverse news coverage and stock price declines.

•Fifth Circuit reviewing dismissal of securities fraud class action against Lumen Technologies and executives

•District court dismissed case with prejudice following company's stock decline and adverse news coverage

Fifth Circuit Court of Appeals

Fifth Circuit Reviews Mandamus Petition in TruBridge Contract Dispute

TruBridge, Inc. has filed a petition for a writ of mandamus with the U.S. Court of Appeals for the Fifth Circuit, seeking to compel a Louisiana federal court to transfer venue in a contract dispute with Hardtner Medical Center. The case centers on whether a forum-selection clause in a healthcare technology contract can be enforced against a Louisiana public hospital.

•TruBridge filed mandamus petition seeking to compel venue transfer to Alabama federal court

•Louisiana district court denied transfer based on state policy against forum-selection clauses in public contracts

Eleventh Circuit Court of Appeals

11th Circuit Affirms Postal Worker Conviction, Rejects Fifth Amendment Challenge

The U.S. Court of Appeals for the Eleventh Circuit affirmed the conviction of former postal worker Myelicia T. Rodgers for mail tampering and theft, rejecting her argument that the district court violated her Fifth Amendment rights by drawing adverse inferences from her refusal to testify.

•Eleventh Circuit affirmed conviction of former postal worker Myelicia Rodgers for mail tampering and theft

•Court rejected argument that trial judge violated Fifth Amendment by commenting on defendant's refusal to testify

•Trial courts retain jurisdiction to enforce divorce decrees and award damages for violations

3w ago•5 min read

Texas Supreme Court

Texas Supreme Court Clarifies Divorce Decree Enforcement Limits

The Texas Supreme Court ruled in Morrison v. Morrison that trial courts have jurisdiction to enforce divorce decrees and award damages for violations, but cannot reallocate property without evidence of specific damages caused by the breach.

•Courts cannot reallocate property without evidence of specific damages from decree breaches

Federal Circuit Court of Appeals

Federal Circuit Affirms Denial of Extra Attorney Fees in VA Case

The U.S. Court of Appeals for the Federal Circuit affirmed a lower court decision denying attorney Shannon Holstein's request for additional fees in representing a veteran in VA benefits proceedings. The Jan. 30 ruling in *Holstein v. Collins* addresses compensation disputes for attorneys in veterans benefits cases.

•Federal Circuit affirmed denial of additional attorney fees to Shannon Holstein in veterans benefits case

•Holstein represented veteran Lester L. Dean Jr. in VA proceedings regarding a neck injury claim

•Iowa Supreme Court sustained writ of certiorari challenging Scott County district court's denial of public defender withdrawal motions

Iowa Supreme Court Rules for State Public Defender in Scott County Case

The Iowa Supreme Court sustained a writ of certiorari in favor of the State Public Defender, challenging district court orders that appointed local public defenders and denied withdrawal motions in six Scott County criminal cases. The court acknowledged Iowa's broader indigent defense crisis while limiting its review to specific statutory interpretation issues.

•Case involved six criminal cases where Davenport public defender's office cited temporary case overload under Iowa Code section 13B.9(4)(a)

•Douglas Warburton was sentenced to up to 10 years plus lifetime supervision for lascivious acts with a child involving his grandchild

Iowa Supreme Court Affirms Child Sex Crime Conviction, Rules on Appeal Procedures

The Iowa Supreme Court affirmed the conviction of Douglas Neal Warburton for lascivious acts with a child while addressing procedural issues regarding appellate jurisdiction over resentencing motions that were not properly identified in appeal notices.

•The Iowa Court of Appeals ruled it lacked jurisdiction to review a resentencing motion denial because it wasn't properly identified in the appeal notice

•Iowa Supreme Court ruled unanimously that defendants cannot be required to object to improper victim statements during sentencing

Iowa Supreme Court: Defendants Need Not Object to Improper Victim Statements

The Iowa Supreme Court ruled unanimously that criminal defendants cannot be required to object during sentencing if a victim's oral statement crosses legal boundaries. The decision in State of Iowa v. Malorie Lynn Hallock arose from a first-degree theft case where the defendant's former employer delivered a victim-impact statement that may have contained improper elements.

•Decision arose from theft case where district court imposed maximum 10-year sentence despite joint recommendation for deferred judgment

3w ago•2 min read

•Iowa Supreme Court unanimously affirmed dismissal of lawsuit against Estherville police officers

Iowa Supreme Court Upholds Dismissal of Lawsuit Against Estherville Police Officers

The Iowa Supreme Court affirmed a Court of Appeals decision that upheld the dismissal of a lawsuit against Estherville Police Department officers and the city. Ten plaintiffs had sued officers Benjamin Scheevel and Chief Brent Shatto, along with the City of Estherville, over alleged misuse of confidential criminal history data, but the case was dismissed on statute of limitations grounds.

•Ten plaintiffs' claims over alleged improper access to confidential criminal data were barred by statute of limitations