Court: USDC Southern District of California, Judge: Major, Filed On: August 12, 2022, Case #: 3:22cv131, Categories: Trade Secrets, Discovery
J. Major grants a media company's motion for discovery concerning its trade secrets claims against another media company. The first media company has sufficiently shown that it is entitled to depose an executive of the second media company on relevant matters pertaining to whether he waived protection by signing a settlement agreement.
Court: USDC Southern District of California, Judge: Gallo, Filed On: August 12, 2022, Case #: 3:21cv547, Categories: Debt Collection, Discovery
J. Gallo partly grants a consumer's motion to compel a debt collection agency's discovery response. The consumer has sufficiently shown that the debt collector is obligated to admit that it buys debts.
Court: Texas Courts of Appeals, Judge: Spain, Filed On: August 12, 2022, Case #: 14-20-00699-CV, Categories: Contracts
J. Spain finds that the trial court improperly ruled in favor of the university board of regents in a dispute involving royalties owed by a company for certain veterinary testing products. The parties' contract is ambiguous regarding which royalty rate applies to the products. Reversed.
Court: Texas Courts of Appeals, Judge: Spain, Filed On: August 12, 2022, Case #: 14-20-00585-CV, Categories: Insurance, Property
J. Spain finds that the trial court improperly granted summary judgment to the insured on his Prompt Payment Act claim against the insurer in a dispute over coverage for hail damage. The insured did not prove that the insurer admitted its liability for the claim, so the case is remanded for further proceedings. Reversed.
Court: Texas Courts of Appeals, Judge: Christopher, Filed On: August 12, 2022, Case #: 14-20-00869-CV, Categories: Sanctions, Vehicle, Warranty
J. Christopher finds that the trial court improperly rendered "death-penalty sanctions" against the couple by dismissing their claims against an auto company relating to a defective vehicle. The trial court gave no basis for the dismissal. Reversed.
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Court: USDC Eastern District of Texas , Judge: Mazzant, Filed On: August 12, 2022, Case #: 4:21cv568, Categories: Civil Procedure, Contracts
J. Mazzant partially grants the product supplier's dismissal motion in a contract case that involves a dispute over a canceled purchase order with a hand sanitizer manufacturer. The unconscionability claim should be dismissed since the manufacturer did not plead facts showing that the termination clause in the agreement resulted from fraud or deceit. Also, the claim for breach of the duty of good faith and fair dealing is dismissed for being redundant of the contract claims.
Court: Texas Courts of Appeals, Judge: Bourliot, Filed On: August 12, 2022, Case #: 14-21-00117-CV, Categories: Tort, Immunity
J. Bourliot finds that the trial court properly denied the city's motion for summary judgment in an auto accident case involving its on-call maintenance mechanic who was in a crash on his way to a fire station without heat. The evidence showed the mechanic was responding to a service call and thus in the scope of his employment when the crash occurred. Also, there was a question as to whether the mechanic was actually responding to an emergency. Affirmed.
Court: Texas Courts of Appeals, Judge: Poissant, Filed On: August 12, 2022, Case #: 14-20-00686-CV, Categories: Jurisdiction, Contracts
J. Poissant finds that the trial court properly denied the individual's special appearance on breach of contract and other claims relating to NASCAR sponsorship agreements he entered into while manager of a holding company. The individual's business dealings with Texas show he "purposefully availed himself of the forum," and his contacts with Texas have a "sufficient nexus" to the lawsuit. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Chutz, Filed On: August 12, 2022, Case #: 2021CA1574, Categories: Property, Real Estate
J. Chutz finds that the trial court properly granted the couple a preliminary injunction that allowed them to use a common driveway they shared with their neighbors in order to access their home. The evidence shows that a servitude allowed their use of the driveway. Affirmed.
Court: USDC Eastern District of Texas , Judge: Mazzant, Filed On: August 12, 2022, Case #: 4:21cv390, Categories: Fraud, Insurance, Contracts
J. Mazzant partially refuses to dismiss an insurance adjuster's suit over nonpayment of services provided on claims for storm-related property damage. Though the breach of contract claim fails as to possible damages from the 2018 storm, there are fact questions as to whether the damage to the building was due to the 2016 storm.
Court: USDC Eastern District of Texas , Judge: Schroeder, Filed On: August 12, 2022, Case #: 2:14cv287, Categories: Civil Procedure, Patent
J. Schroeder agrees with the magistrate judge's findings and denies the corporation's motion for summary judgment of non-infringement. The corporation did not carry its burden on the issues regarding the "in synchronization" limitation or "short transitions" limitation.
Court: Texas Courts of Appeals, Filed On: August 12, 2022, Case #: 14-22-00369-CV, Categories: Civil Procedure
Per curiam, the appellate court grants mandamus relief to the individual after the county court transferred a theft suit and consolidated it with a pending suit affecting parent-child relationship in district court. The two lawsuits lack "common issues of law and fact," so the county court abused its discretion.
Court: Texas Courts of Appeals, Judge: Bourliot, Filed On: August 12, 2022, Case #: 14-20-00694-CV, Categories: Transportation, Negligence, Agency
J. Bourliot finds that the trial court properly denied TxDOT's dismissal and summary judgment motions in a suit stemming from a driver's rollover accident on a slick highway that had recently been repaired. There is a genuine issue of material fact as to whether the agency had actual notice. TxDOT "was subjectively aware that the police officer responding to the scene attributed the cause of that crash and six other crashes occurring in the same area in the same timeframe to the slickness of the new road surface when wet." Affirmed.
Court: USDC Montana, Judge: Morris, Filed On: August 12, 2022, Case #: 4:17cv30, Categories: Environment, Agency
J. Morris finds in favor of the environmentalists in their challenge to an order that resumed coal leasing sales on federal land. The environmental analysis the Bureau of Land Management completed was not comprehensive enough to pass muster, such as the BLM only looking into four approved lease sales. The coal leasing program moratorium will therefore be reinstated until a proper environmental analysis is completed.
Court: 7th Circuit, Judge: Jackson-Akiwumi, Filed On: August 12, 2022, Case #: 21-2486, Categories: Bankruptcy
J. Jackson-Akiwumi finds that the lower court properly dismissed a bankruptcy appeal for lack of jurisdiction. The debtor fails to show how it is likely that his purported injury - the undervaluation of his state law claims in an underlying lawsuit - would be redressed by a favorable decision from this court. Affirmed.
Court: 7th Circuit, Judge: Ripple, Filed On: August 12, 2022, Case #: 21-2469, Categories: Civil Procedure, Civil Rights, Employment
J. Ripple finds that the lower court properly found the former Illinois State's Attorney's First Amendment retaliation claim untimely. The attorney defeated criminal charges against him based on his tenure in office, but he cannot now sue the State's Attorney and police investigators whom he believes prosecuted him in retaliation for his previous campaign for state's attorney because the two-year limitations period began when he was indicted, not when he was acquitted. Affirmed.
Court: USDC Western District of Washington, Judge: Rothstein, Filed On: August 12, 2022, Case #: 2:19cv1901, Categories: Patent
J. Rothstein finds that the business plausibly alleges that the pet technology startup infringed on its patent referred to as "Internet Canine Communication System." While the startup's proposed construction of the phrase "a treat delivery command" is plausible, nothing about the claim language itself would require construction of the phrase to mean a "single treat delivery command."
Court: USDC Oregon, Judge: Immergut, Filed On: August 12, 2022, Case #: 3:21cv1349, Categories: Civil Rights, Disability Discrimination, Education
J. Immergut grants the school district's motion to dismiss a civil rights complaint that the school district endangered the child by forcing him off the school bus after an altercation with another child. The child's guardian fails to allege a policy, practice, or custom to which to hold the school district liable.
Court: USDC Central District of California, Judge: Kato, Filed On: August 12, 2022, Case #: 5:20cv2009, Categories: Civil Rights, Employment, Healthcare
J. Kato dismisses the former intern's complaint for wrongful termination from the podiatry internship program at the Department of Veteran Affairs. The former interns fails to prove that he is qualified to perform the essential functions of the position, because he previously failed to timely respond to pages involving life threatening conditions. Additionally, the intern's failure to maintain accurate medical records justified his termination.
Court: USDC Western District of Washington, Judge: Lasnik, Filed On: August 12, 2022, Case #: 2:19cv1649, Categories: Tort, Experts, Discovery
J, Lasnik denies 3M's motion to exclude the widow's expert's testimony in a lawsuit arising out of her husband's death in a construction accident. The expert, an emergency room physician, is qualified to testify about the the ability of an unconscious person to experience pain.
Court: USDC Central District of California, Judge: Selna, Filed On: August 12, 2022, Case #: 8:19cv1363, Categories: Erisa, Insurance
J. Selna dismisses the insured's ERISA complaint alleging that the insurance company denied him coverage for substance use disorder and mental health treatment. Despite his access to his full records, the insured fails to plausibly allege that the insurance company has a larger practice of applying stricter limits to mental health conditions than to physical conditions.
Court: USDC Central District of California, Judge: Scarsi, Filed On: August 12, 2022, Case #: 2:21cv1889, Categories: Evidence, Tort, Discovery
J. Scarsi grants the family's motion to exclude the decedent's toxicology report and evidence regarding the decedent's history of drug use in their battery complaint against the city. Despite the city's argument that the evidence is relevant to their claim that the decedent acted intoxicated at the time of his death, the family successfully argues that the toxicology report is hearsay.
Court: USDC Western District of Washington, Judge: Robart, Filed On: August 12, 2022, Case #: 2:21cv896, Categories: Trade Secrets, Interference With Contracts
J. Robart denies Boeing's motion to dismiss the aircraft manufacturer's tortious interference with business expectancy claim. Boeing fails to address whether the aircraft manufacturer's claim that Boeing improperly used trade secrets to interfere with its contractual relationships is deficient.
Court: Nebraska Supreme Court, Judge: Heavican, Filed On: August 12, 2022, Case #: S-21-377, Categories: Attorneys' Fees, Contracts
J. Heavican finds that the district court properly granted the law firm's motion for summary judgment stating it did not breach a duty of care by not including citizen objectors in an appeal arising from a change in the state's liquor license application process. The issue of naming citizen objectors in appeals from Nebraska Liquor Control Commission decisions was an unsettled issue of law at that time. Counsel did not have a duty to inform his clients of this. Affirmed.
Court: Nebraska Supreme Court, Judge: Miller-Lerman, Filed On: August 12, 2022, Case #: S-21-527, Categories: Manslaughter, Vehicle
J. Miller-Lerman finds that the district court properly convicted defendant of manslaughter by reckless driving, resulting from the death of a motorcyclist he hit while driving on the wrong side of the street. The officer did not did provide an explicit opinion on guilt of reckless driving, but only an interpretation of statutory definition. Defendant also did not offer a proposed lesser-included offense instruction based on "careless" driving. Affirmed.
Court: Nebraska Supreme Court, Judge: Cassel, Filed On: August 12, 2022, Case #: S-21-848, Categories: Civil Rights, Education, Restraining Order
J. Cassel dismisses an appeal from the district court's order denying a temporary injunction enjoining the university from administratively withdrawing students who have not complied with Covid-19 vaccination protocols. The record shows that only temporary relief was sought and denied, and so this court lacks jurisdiction.
Court: Pennsylvania Superior Court, Judge: Collins, Filed On: August 12, 2022, Case #: J-S10041-22, Categories: Arbitration
J. Collins finds that the trial court improperly stayed arbitration initiated by the property development firm, asserted on derivative claims of breach of fiduciary duty. Appellees other than the special litigation committee appointed by the partnerships are parties to one or both of the agreements, and are so bound. Vacated in part.
Court: Nebraska Supreme Court, Judge: Cassel, Filed On: August 12, 2022, Case #: S-21-350, Categories: Debt Collection, Erisa
J. Cassel finds that the district court properly overruled the garnishor's application to determine liability in this suit arising from a debtor's undisclosed 401K. ERISA's anti-alienation statute shields the plan administrator from state garnishment law liability. Affirmed.
Court: USDC Northern District of Texas , Judge: Fitzwater, Filed On: August 12, 2022, Case #: 3:21cv825, Categories: Debt Collection, Insurance, Emotional Distress
J. Fitzwater grants the policyholder's motion for partial summary judgment in this dispute arising from a miscommunication regarding whether or not the policy had been renewed. The resulting delinquency was referred to an agency whose collection efforts caused the woman anxiety. She presented evidence of panic attacks, stress and an elevated heart rate, as well as proof that she suffered sleep disruption. A reasonable jury could find actual damages due to mental anguish.
Court: Pennsylvania Superior Court, Filed On: August 12, 2022, Case #: J-E02008-21, Categories: Commerce
Per curiam, the superior court finds that the trial court improperly found the Protection of Lawful Commerce in Arms Act bars the underlying state product liability lawsuit, which arises from the accidental shooting death of a 13-year-old boy. The gun was not purchased by the boy or his parents. They did not engage in commerce as governed by the Act. Reversed.