141 results for 'filedAt:"2023-11-28"'.
J. Staton affirms the bankruptcy court's order denying attorney fees but reverses its order denying costs, awarding $11,032 to the debtor. The bankruptcy court determined that there was no prevailing party in the matter, and the debtor appealed. The "definition of prevailing party for purposes of costs is different than that used for attorney’s fees." The bankruptcy court applied the correct legal standard for determining attorney fees but lacked discretion to deny the debtor "prevailing party" status regarding costs.
Court: USDC Central District of California, Judge: Staton, Filed On: November 28, 2023, Case #: 5:23cv301, NOS: Bankruptcy Appeal 28 USC 158 - Bankruptcy, Categories: Bankruptcy
J. Daniel grants an Illinois hospital’s motion to dismiss conspiracy, constitutional violation and indemnification claims brought by a Chicago resident, but denies Chicago and several of its police officers’ motions to do the same. The resident claims that, without a warrant, Chicago police invaded his home, pointed assault weapons at him, handcuffed him and forced him into the custody of a local hospital. The court finds the resident has sufficiently stated his claims against the city and police, but not against the hospital.
Court: USDC Northern District of Illinois, Judge: Daniel, Filed On: November 28, 2023, Case #: 1:22cv7080, NOS: Insurance - Contract, Categories: Constitution, Indemnification, Police Misconduct
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J. Pratter denies in part an insurance company’s motion for summary judgment in this breach of contract suit filed by an insured payment technology company under investigation for its revenue reporting. There is a dispute of material fact on the breach of contract claim as to whether the company had subjective knowledge that a claim would arise from this investigation at the time it signed with the insurer.
Court: USDC Eastern District of Pennsylvania, Judge: Pratter, Filed On: November 28, 2023, Case #: 2:22cv30, NOS: Insurance - Contract, Categories: Insurance, Contract
J. Wolfe finds that defendant was properly convicted of second degree murder and manslaughter for the shooting deaths of two victims. The evidence did not support defendant's claim that he shot the victims in self-defense and showed that he had the "specific intent to kill or inflict great bodily harm." Affirmed.
Court: Louisiana Court Of Appeal, Judge: Wolfe, Filed On: November 28, 2023, Case #: 2023KA0293, Categories: Murder, Self Defense, Manslaughter
J. Pryor finds that the lower court properly ruled that a federal prisoner cannot bring a Bivens action alleging that a prison official failed to protect him from violent attacks by his cellmates. The claim presents separation-of-powers concerns and special factors not accounted for by any Supreme Court precedent, so Congress should make this decision not the courts. Affirmed.
Court: 7th Circuit, Judge: Pryor, Filed On: November 28, 2023, Case #: 21-2287, Categories: Civil Rights, Prisoners' Rights
J. Whelan denies a consumer's motion to remand warranty claims against General Motors. The consumer's complaint "goes beyond merely requesting the Song-Beverly Act's civil penalties" and instead "makes numerous allegations of willful misconduct." If these allegations are proven true, the civil penalty award could total as high as $28,000. This amount combined with the actual damages and potential attorney fees at issue would more than exceed the $75,000 threshold for jurisdiction.
Court: USDC Southern District of California, Judge: Whelan, Filed On: November 28, 2023, Case #: 3:23cv1554, NOS: Motor Vehicle Product Liability - Torts - Personal Injury, Categories: Jurisdiction, Warranty
[Consolidated]. J. Sales finds a lower court properly dismissed two natives of Nigeria and Pakistan's motion to remain in the U.K. The Nigeria and Pakistan natives argued that they are entitled to indefinite leave. However, the home department sufficiently showed in court that both men failed to properly apply for further leave to remain. Affirmed.
Court: Supreme Court of the United Kingdom, Judge: Sales, Filed On: November 28, 2023, Case #: 2021EWCA1909, Categories: Government, Immigration
J. Bress finds that the district court properly dismissed a class action matter due to lack of specific personal jurisdiction over a company that offers a web-based payment processing platform to merchants. When processing payments, the company obtains the personal information of its customers. There was no relationship between the company's business contacts in California and class members' claims because these contacts did not cause class members' harm. The district court’s denial of a request for jurisdictional discovery was not an abuse of discretion. Affirmed.
Court: 9th Circuit, Judge: Bress, Filed On: November 28, 2023, Case #: 22-15815, Categories: Privacy, Jurisdiction, Class Action
J. Leonard finds the circuit court properly ruled that a veterinarian hospital and a dog owner were not liable for a dog bite sustained by a hospital employee. The owner had transferred care to the hospital at the time of the bite and the employee could not prove negligence in this action or that the dog was known to be dangerous and the owner neglected to warn the employee. The hospital employee’s claims are also barred by the assumption of risk inherent with accepting employment at a pet hospital where animals are known to be unpredictable, even if the employee was inexperienced in animal care. Affirmed.
Court: Hawai'i Court Of Appeals, Judge: Leonard, Filed On: November 28, 2023, Case #: CAAP-18-427, Categories: Negligence, Premises Liability
J. Stadtmueller finds that the glass pipe company has adequately proven the smoke shop infringed its trademarks by selling counterfeit versions of its glass pipe accessory products and, since the shop has failed to appear to defend itself, grants the company's motion for default judgment. The company is awarded $75,000 in damages for infringement of its three marks, plus $1,001 in costs, and the case is dismissed.
Court: USDC Eastern District of Wisconsin, Judge: Stadtmueller, Filed On: November 28, 2023, Case #: 2:23cv748, NOS: Trademark - Property Rights, Categories: Trademark, Damages
J. Dorrian finds the lower court properly denied the son-in-law's motion to extend the discovery window in a will dispute and disputed his suit. His delay in conducting any discovery during the applicable window was solely the result of his own negligence or refusal to conduct depositions. Furthermore, the updated will used to establish the estate did not name the son-in-law as a beneficiary of any kind; therefore, he lacked standing to contest distribution of assets. Affirmed.
Court: Ohio Court Of Appeals, Judge: Dorrian, Filed On: November 28, 2023, Case #: 2023-Ohio-4286, Categories: Wills / Probate, Discovery
J. Wiley finds that dismissal at the summary judgment stage of an interference with contract complaint was error since a written agreement for the sale of several gas stations, combined with extrinsic evidence, was definite enough to constitute an enforceable contract. But the trial court properly ruled against a tortious interference with contract claim since a necessary economic interest disappeared when one party assigned its interest to a third party. Reversed in part.
Court: California Courts Of Appeal, Judge: Wiley, Filed On: November 28, 2023, Case #: B314861, Categories: Interference With Contract, Contract
J. Jenkins vacates the trial court's judgment annulling the default judgment to the lumber supplier and awarding a judgment in favor of the builder. In this case, the supplier's due process rights related to notice of trial were violated because there is nothing in the record showing that notice of the trial date was issued directly to it. The notice was only provided to its former counsel who was ineligible to practice law. Vacated.
Court: Louisiana Court Of Appeal, Judge: Jenkins, Filed On: November 28, 2023, Case #: 2023-CA-0186, Categories: Civil Procedure, Debt Collection, Due Process
J. Goldstein finds that the lower court properly ruled in favor of the bank in this debt collection case. The customer contends that his due process rights were violated when he was given the wrong information about the trial setting by someone in the "administrative office," specifically when he was told that the trial was no longer scheduled for a certain date. However, he failed to preserve the issue for appellate review by raising it in the trial court. Affirmed.
Court: Texas Courts of Appeals, Judge: Goldstein, Filed On: November 28, 2023, Case #: 05-22-00883-CV, Categories: Civil Procedure, Debt Collection, Due Process
J. Evanson grants intervenor Talisman Specialty Underwriters' motion to intervene in the insurance company's complaint that the independent managing general underwriter and excess surplus line broker fraudulently claimed to be the insurance company's subagent to bind it to hundreds of unauthorized insurance policies. Talisman shows that its interests are not adequately represented in this case, because while the broker and Talisman both want the broker to continue issuing the insurance policies, both have different motives as Talisman wants to enforce its alleged rights under the managing general agent agreement with the insurance company while the broker wants to enforce its rights under the delegating underwriting agreement with Talisman. This case is stayed pending adjudication of the insurance company's lawsuit against Talisman.
Court: USDC Western District of Washington, Judge: Evanson, Filed On: November 28, 2023, Case #: 2:23cv1473, NOS: Insurance - Contract, Categories: Insurance, Contract
J. Rubin denies a former employee’s motion to dismiss in this lawsuit brought by a logistics company alleging a scheme to steal confidential trade secrets. The logistics company alleges when the employee provided his resignation he lied and failed to disclose information about his future employment. During the transition period is when the employee misrepresented by concealment the company’s confidential data causing material harm and damages.
Court: USDC Maryland, Judge: Rubin, Filed On: November 28, 2023, Case #: 1:23cv242, NOS: Defend Trade Secrets Act of 2016 (DTSA) - Property Rights, Categories: Trade Secrets
J. Riedmann finds the county court properly held the personal representative of her mother's estate had violated her duties and removed her as personal representative. The personal representative kept financial records from her sister, concealing funds in a joint account she had with the decedent, opened after her death through the representative's power of attorney. The representative also failed to respond to her sister's requests for documentation. The estate tax worksheet showed the estate, including the joint account, would be divided equally between the sisters. This material misrepresentation to the court was also a breach of duty. Affirmed.
Court: Nebraska Court Of Appeals, Judge: Riedmann , Filed On: November 28, 2023, Case #: A-22-766, Categories: Wills / Probate, Fiduciary Duty
J. Richardson denies the waste management defendants' dismissal motion in this lawsuit brought by the City of Murfreesboro, Tennessee, over the alleged mismanagement of a landfill. The complaint sufficiently alleges a "compensable injury or loss" to support the city's negligence claim.
Court: USDC Middle District of Tennessee , Judge: Richardson, Filed On: November 28, 2023, Case #: 3:22cv605, NOS: Torts to Land - Real Property, Categories: Civil Procedure, Environment, Negligence
J. Page finds that the lower court properly convicted defendant on nine counts related to a shooting, and sentenced him to 25 years in prison. Defense counsel was not ineffective for failing to call a witness at his second trial because he had a strategic reason for not calling the witness due to the risk he might testify against defendant at his first trial. Affirmed.
Court: Missouri Court Of Appeals, Judge: Page, Filed On: November 28, 2023, Case #: ED111367, Categories: Ineffective Assistance, Assault, Witnesses
J. Boyle denies a Japanese restaurant's motion for default judgment on its trademark action against a sushi restaurant with the same name. The Japanese restaurant fails to provide facts to show an overlap between the two businesses' customer bases, that the sushi restaurant has an intent to confuse customers, or that there is actual confusion.
Court: USDC Northern District of Texas , Judge: Boyle, Filed On: November 28, 2023, Case #: 3:23cv1285, NOS: Trademark - Property Rights, Categories: Trademark