142 results for 'filedAt:"2023-09-19"'.
J. Gilbert orders Chicago State University to hand over all academic records relating to Nigerian President Bola Tinubu to former Nigerian Vice President Atiku Abubakar, who is challenging the results of the Nigerian presidential election held earlier this year. Abubakar claims Tinubu forged his undergrad degree from the university. Abubakar’s interest in obtaining the records outweighs Tinubu’s privacy rights because Tinubu put his diploma at issue by submitting it to Nigeria’s Independent National Electoral Commission.
Court: USDC Northern District of Illinois, Judge: Gilbert, Filed On: September 19, 2023, Case #: 1:23cv5099, NOS: Other Statutory Actions - Other Suits, Categories: International Law, Discovery
J. Scarsi grants a footwear company's motion for default judgment in a patent infringement dispute. The alleged infringer did not oppose the motion and has not otherwise appeared to defend the action. The shoe designer has stated a plausible claim for patent infringement regarding the design of its ballet flat and shown that an ordinary customer might mistake the competitor's alleged infringing product for one of its own. A permanent injunction is warranted as the competitor has not shown that it will not continue infringing the patent in question as it "has not defended this lawsuit despite receiving notice."
Court: USDC Central District of California, Judge: Scarsi, Filed On: September 19, 2023, Case #: 2:22cv6112, NOS: Patent - Property Rights, Categories: Patent
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J. Ellington finds that the trial court properly convicted defendant of murder, aggravated assault and other offenses. Sufficient evidence was presented to support defendant's convictions and to allow the jury to find that defendant was a party to the crimes. Defendant failed to show that his trial counsel performed deficiently or was conflicted in representing both him and his brother. Affirmed.
Court: Georgia Supreme Court, Judge: Ellington, Filed On: September 19, 2023, Case #: S23A0758, Categories: Ineffective Assistance, Murder, Assault
J. Cole grants, in part, the seller's motion for summary judgment, ruling the buyer owes it more than $13,000 under the contract's post-closing adjustment holdback provision, which was binding on the parties, regardless of whether the seller disputed the working capital statement provided by the buyer. Meanwhile, the buyer is entitled to summary judgment on the fraud claim because not only is there no concrete evidence of false statements made after the deal was closed, but the seller failed to prove any harm came from the alleged misstatements about corporate assets.
Court: USDC Southern District of Ohio, Judge: Cole, Filed On: September 19, 2023, Case #: 1:18cv907, NOS: Other Contract - Contract, Categories: Fraud, Damages, Contract
J. Behm dismisses infringement claims involving U.S. Patent No. 8,163,802, a nasal application that inhibits airborne particles from causing infection, because defendant failed to provide documentation of sales or royalties in order to demonstrate entitlement to lost profits.
Court: USDC Eastern District of Michigan, Judge: Behm, Filed On: September 19, 2023, Case #: 4:21cv10312, NOS: Patent - Property Rights, Categories: Patent, Damages
J. Barker grants the insurer's motion to dismiss a policyholder's counterclaims, ruling evidence in the record establishes she failed to inform the company of negotiations before she entered into a settlement with the estate and that no exception to the policy language involving settlements applies. Therefore, the conditions for the insurer's affirmative defense to the breach of contract counterclaims are met.
Court: USDC Northern District of Ohio, Judge: Barker, Filed On: September 19, 2023, Case #: 1:21cv1981, NOS: Insurance - Contract, Categories: Insurance, Settlements, Contract
J. Rice finds in favor of the city against the minerals company's claim that the former violated the latter's right to due process when it authorized activities to surface owners on the land where the company owns mineral interests. The company does not present sufficient evidence to establish its per se physical taking claim, because the individual landowners and the city made surface-level improvements to the land, which is not the same as running underground interferences.
Court: USDC Eastern District of Washington, Judge: Rice, Filed On: September 19, 2023, Case #: 4:22cv5055, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Property, Due Process
J. Bethel finds that the trial court properly convicted defendant of murder, aggravated assault and a firearm offense. The trial court correctly denied defendant's motion for a directed verdict because there was evidence allowing the jury to find that defendant was a knowing participant when he started a dispute with the victim. Defendant's trial counsel was not deficient for failing to request a jury charge on good character evidence. Defendant failed to show that the trial outcome would have been different if the jury had received the charge. Affirmed.
Court: Georgia Supreme Court, Judge: Bethel, Filed On: September 19, 2023, Case #: S23A0670, Categories: Ineffective Assistance, Murder, Jury Instructions
J. Seeborg dismisses contract claims brought by a pair of commercial real estate companies alleging that the bank backtracked on a promise to give them a $6.6 million loan. The claims have already been dismissed once before for failure to state a claim, and the same is true for the amended complaint. The bank may have offered reassurances and encouragement about their loan, but stopped short of outright promising that a loan was incoming. Contract claims cannot survive on reassurances alone.
Court: USDC Northern District of California, Judge: Seeborg, Filed On: September 19, 2023, Case #: 3:22cv5033, NOS: Other Contract - Contract, Categories: Banking / Lending, Contract
J. Flood finds that the trial court properly declined to suppress evidence discovered during a traffic stop because the stop had been justified by the "very strong" odor of marijuana emanating from the vehicle as defendant drove down the street ahead of the officer's vehicle.
Court: North Carolina Court of Appeals, Judge: Flood, Filed On: September 19, 2023, Case #: COA22-997, Categories: Search
J. McDonald finds the appeals court properly determined the trial court lost jurisdiction over defendant's case when it dismissed the criminal charges against him and, therefore, it could not reinstate charges when the state brought forth new evidence the day after the dismissal. Although Connecticut law includes a four-month rule in civil cases that allows courts to retain jurisdiction after a notice of judgment, this rule does not apply to criminal matters. Affirmed.
Court: Connecticut Supreme Court, Judge: McDonald, Filed On: September 19, 2023, Case #: SC20702, Categories: Criminal Procedure, Jurisdiction
Per curiam, the circuit finds that the district court properly dismissed this civil rights suit alleging that the DHS and its agents unlawfully accessed and tampered with the attorney's computer network and telecom systems because of her advocacy. Certain claims were correctly dismissed due to sovereign immunity, which the United States has not waived. Other claims are modified as dismissed without prejudice. Affirmed as modified.
Court: 5th Circuit, Judge: Per curiam, Filed On: September 19, 2023, Case #: 22-40665, Categories: Civil Rights, Government, Technology
J. Eifert grants in part the former manager's motion to compel discovery responses in her retaliatory discharge suit against the in-home respiratory supplier. The supplier must produce 1) all unsealed False Claims Act complaints filed from March 2, 2017, through January 8, 2021, in federal or state court against the company, and 2) all documents dated on or after January 8, 2021, that reference or include allegations of fraudulent billing regarding a) status updates/checks on CPAP/ventilators that were not performed, b) in-home devices that were not being used, c) unauthorized changes to CPAP/ventilator settings, d) in-home visits or other services not performed, or e) an AffloVest that was not properly fitted, in the greater Huntington, West Virginia-area.
Court: USDC Southern District of West Virginia, Judge: Eifert, Filed On: September 19, 2023, Case #: 3:22cv109, NOS: Employment - Civil Rights, Categories: Health Care, Discovery, Employment Retaliation
J. James finds the tax court properly dismissed a taxpayer appeal after the revenue department corrected its mistake regarding interest on unpaid taxes, rendering the appeal moot. “Considerations of judicial economy are valid reasons for a court to decline to address a moot matter.” Affirmed.
Court: Oregon Supreme Court, Judge: James, Filed On: September 19, 2023, Case #: S069937, Categories: Tax
J. Edmondson finds the court of appeals improperly reversed the trial court's summary judgment in favor of the petroleum lessor. Exhibits presented during summary proceedings were insufficient to show a material fact that a well was commercially profitable. An overriding royalty interest may be extinguished by an extinguishment of the working interest from which it was fashioned by the lessee's surrender in substantial compliance with the lease. The appeals court opinion is vacated. The trial court's judgment is reversed, and the matter remanded for further proceedings.
Court: Oklahoma Supreme Court, Judge: Edmondson, Filed On: September 19, 2023, Case #: 119810, Categories: Energy, Property, Contract
J. Gustafson finds that the trial court erred in refusing to provide the jury instructions requested by a patient who claimed that treatment delays caused his blindness. A proportionate duty instruction is not always applicable in a medical malpractice case but it was foreseeable that timely treatment of the high pressure that doctors knew existed in the patient's skull could have saved his sight. A loss of chance instruction was needed so the jury could consider causation separately from its negligence determination. Also, where a trial court is asked to conduct a juror poll, each juror must be asked about that individual juror's verdict, not the jury's collective verdict. Reversed.
Court: Montana Supreme Court, Judge: Gustafson, Filed On: September 19, 2023, Case #: DA 22-0123, Categories: Jury, Medical Malpractice