J. Johnston recommends the district judge to dismiss, with prejudice, a law library visitor’s claims of race discrimination and deprivation of his First Amendment rights. The visitor, a Black man, claims library staff gave him “unkind looks and body language,” called the sheriff when he refused to leave after being asked and that staff implemented a “racist policy to keep African Americans out of the library.” However, the visitor fails to state a plausible claim of this discrimination. Both parties have two weeks to enter any objections.
Court: USDC Maryland, Judge: Johnston, Filed On: June 6, 2023, Case #: 1:23cv362, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, First Amendment
J. Lobrano finds that the trial court improperly granted defendant's motion to quash charges in an indictment for murder and obstruction of justice in a murder investigation. Reindictment on the charges after the jury was dismissed pursuant to a mistrial did not put defendant in double jeopardy. Defendant cannot show that the dismissal in the earlier case operates as an acquittal. Dismissal did not terminate jeopardy that had attached when the jury in the earlier trial was sworn in. Reversed.
Court: Louisiana Court Of Appeal, Judge: Lobrano, Filed On: June 6, 2023, Case #: 2023-KA-0066, Categories: Murder, Double Jeopardy
J. Baldwin finds the trial court properly found in favor of the contractor on its breach of contract claim because testimony from the homeowners' wife indicated the couple refused to let work crews into the home after the completion date listed on the contract, which prevented the contractor from finishing work or correcting any errors. Furthermore, the trial court properly dismissed the homeowners' counterclaim, as payments from the Department of Veteran's Affairs were made only after inspections during the first portion of the project, which shows the work was done in a competent manner. Affirmed in part.
Court: Ohio Court Of Appeals, Judge: Baldwin, Filed On: June 6, 2023, Case #: 2023-Ohio-1867, Categories: Construction, Contract
J. Carr denies the insurer's motion to dismiss, ruling that while the long-term care facilities did not sustain any direct property damage as a result of the Covid-19 pandemic or gubernatorial orders to modify their facilities during the pandemic, the crisis management coverage in its insurance could provide coverage for business income losses. Although the losses sustained by the facilities were the result of government mandates, there is no exclusion in the policy for such a situation, and because the reading of the policy put forth by the owners is reasonable, their claims may proceed.
Court: USDC Northern District of Ohio, Judge: Carr, Filed On: June 6, 2023, Case #: 3:22cv438, NOS: Insurance - Contract, Categories: Insurance, Covid-19, Contract
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J. Bryan denies the sellers' and consumers' motion for a preliminary injunction enjoining state officials from enforcing HB 1240, which bans the sale of assault weapons. The sales ban is consistent with "the nation's historical tradition of firearm regulation." Also, in light of "recent mass deaths caused by assailants using assault weapons, it is appropriate for governmental bodies to find ways to protect the public from dangerous weapons, within the limits of the Second Amendment."
Court: USDC Western District of Washington, Judge: Bryan, Filed On: June 6, 2023, Case #: 3:23cv5364, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Injunction
J. Brown denies partial summary judgment and finds the defendant’s hydradermabrasion device, known as the “Skinwave,” did not infringe on the litigant’s competing device due to the lack of a manifold system. However, the court finds the litigant prevailed on its claim for validity, finding its patent sufficiently distinguished itself from another one of its device patents because it contained a manifold system.
Court: USDC Eastern District of New York, Judge: Brown, Filed On: June 6, 2023, Case #: 2:20cv6082, NOS: Patent - Property Rights, Categories: Patent, Technology
J. Valihura finds that the price Tesla paid for SolarCity was entirely fair and that Elon Musk did not breach fiduciary duties during the acquisition process. The fair price analysis was erroneous and the court failed to determine whether Musk had been a controlling shareholder, but the extensive trial record supported the decision and thus reversible error had not occurred.
Court: Delaware Supreme Court, Judge: Valihura, Filed On: June 6, 2023, Case #: 181, 2022, Categories: Fiduciary Duty
Per curiam, the circuit finds that the district court properly found for a dog food company in deceptive trade practices claims contending plaintiff would not have paid top dollar for kibble if she had known it contained heavy metals. Fraud-by-omission had not occurred since metals are known to be prevalent in a wide variety of food products. Affirmed.
Court: 2nd Circuit, Judge: Per curiam, Filed On: June 6, 2023, Case #: 22-962-cv, Categories: Consumer Law, Business Practices
J. Rodriguez finds a lower court did not err in modifying the punishment of a juvenile adjudicated to be delinquent from probation to commitment at the Texas Juvenile Justice Department. The juvenile argued the court had abused its discretion in making this decision, but the court heard about numerous instances of the juvenile violating the terms of her probation, the juvenile had previously “absconded” from probation and an aunt who was initially considered as a placement option was ultimately ruled out due to her own past criminal history. Affirmed.
Court: Texas Courts of Appeals, Judge: Rodriguez, Filed On: June 6, 2023, Case #: 08-22-00159-CV, Categories: Administrative Law, Guardianship, Juvenile Law
Per curiam, the appellate division finds that the lower court properly dismissed this construction injury suit stemming from a worker's fall on ice. The worker's alleged injury was not caused by a hazard inherent in the work he was obligated to perform. Affirmed.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: June 6, 2023, Case #: 02989, Categories: Employment, Tort
Per curiam, the circuit finds that the district court properly denied a writ of error coram nobis after defendant pleaded guilty to embezzling more than $3 million from a federal grants program. Forfeiture and restitution were part of the plea deal, and the latter was appropriate because the administering agency for the program had been a "victim" of fraud concerning the use of money intended to reimburse child care operators for meals. Affirmed.
Court: 2nd Circuit, Judge: Per curiam, Filed On: June 6, 2023, Case #: 22-0378, Categories: Restitution, Embezzlement
J. Kelly finds a lower court properly ruled in favor of an insurance company on a diner's contract and implied covenant of good faith and fair dealing claims. The owner of the diner argued that the insurance company violated a policy by seeking subrogation reimbursement from two other insurers after a driver crashed his car into the establishment, which resulted in lost income. However, the owner of the diner did not suffer any damages when the insurance company sent a request to the driver's insurer, or for its failure to follow contracted procedures when it paid out damages for property damage and income losses. Affirmed.
Court: 8th Circuit, Judge: Kelly, Filed On: June 6, 2023, Case #: 21-2956, Categories: Insurance, Property
J. Welch finds the district court properly denied defendant’s request to transfer his case for auto theft, fleeing and firearm possession to the juvenile court. Officers apprehended defendant after a chase when responding to gunshots heard while on another call. The investigation yielded casings and information that a home had been struck by gunfire, a shot just missing a man sitting on his couch. The casings were confirmed to have been fired from the rifle recovered from defendant. Defendant was 17 at the time of the offense and the court properly concluded that the juvenile court’s jurisdiction would not be sufficient due to the violent nature of the offenses, the concern for public safety, and the fact that it would automatically lose jurisdiction when defendant turned 19 regardless of any benefit from juvenile services. Affirmed.
Court: Nebraska Court Of Appeals, Judge: Welch, Filed On: June 6, 2023, Case #: A-23-118, Categories: Firearms, Juvenile Law, Jurisdiction
J. Dorsey dismisses the aftermarket parts dealer’s counterclaim arising from the suit brought by the services company on allegations that the dealer breached its agreement to sell products to car dealerships by using confidential information to divert business. The dealer says that they are not alleging a private right of action but basing their claim for declaratory relief “upon the illegality of the … agreement.” No cited authority supports the declaratory relief claim, as pleaded, as capable of standing alone, and the dealer hasn’t demonstrated that amendment could cure the deficit. Dismissal causes no prejudice because the claim is entirely redundant of several affirmative defenses.
Court: USDC Nevada, Judge: Dorsey, Filed On: June 6, 2023, Case #: 2:21cv1121, NOS: Other Contract - Contract, Categories: Trade Secrets, Contract
J. Mix grants plaintiff leave to amend claims stemming from a pedestrian-vehicle accident to include exemplary damages because plaintiff established willful and wanton conduct based on defendant's admission that he did not know where he was going and had been driving off-road when his vehicle struck plaintiff.
Court: USDC Colorado, Judge: Mix, Filed On: June 6, 2023, Case #: 1:23cv406, NOS: Motor Vehicle - Torts - Personal Injury, Categories: Negligence
J. Bishop finds the district court, in this paternity suit, properly established the paternity of the child, awarding sole custody to the mother and ordering the father to pay support and fees. The father challenges Nebraska’s jurisdiction; and though Iowa is the child’s home state, the mother had moved to Nebraska in order to escape the abusive relationship with the father. Iowa has also declined jurisdiction, all supporting Nebraska’s jurisdiction. There is no abuse of discretion in the court’s orders for support and fees. Affirmed.
Court: Nebraska Court Of Appeals, Judge: Bishop, Filed On: June 6, 2023, Case #: A-22-317, Categories: Family Law, Jurisdiction, Guardianship
Per curiam, the Fifth Circuit finds the district court, by guilty plea, properly convicted defendant for engaging in illicit sexual conduct in foreign places, sentencing him within guidelines. The 15-year-old Mexican girl’s mother, after her daughter was detained at the border with defendant, told investigators that she had consented to a relationship with the 22-year-old defendant, but after a miscarriage she refused to sign a marriage consent form. A two-level sentencing enhancement was applied for obstruction of justice based on recordings of phone calls defendant made from jail telling the girl not to cooperate with the investigation. The court was entitled to infer that this amounts to obstruction. Affirmed.
Court: 5th Circuit, Judge: Per curiam, Filed On: June 6, 2023, Case #: 22-40167, Categories: Immigration, Sex Offender, Child Victims
J. Smith finds that the trial court should have admitted declarations from an injured worker's experts before granting summary judgment to an employer and its insurer. A triable issue of fact existed about the medical probability that the worker contracted histoplasmosis from bird feces at a facility where he worked and lived for extended periods. Reversed.
Court: California Courts Of Appeal, Judge: Smith, Filed On: June 6, 2023, Case #: F083502, Categories: Negligence, Experts
J. Thapar finds that the lower court properly granted the police officer’s motion for summary judgment on the grounds of qualified immunity because his use of force on the detained suspect — including tackling him and lifting him up — was objectively reasonable under the circumstances after the suspect actively resisted arrest and tried to escape. Affirmed.
Court: 6th Circuit, Judge: Thapar, Filed On: June 6, 2023, Case #: 22-1680, Categories: Civil Rights, Immunity
J. Jones denies the construction company's motion to dismiss the lawsuit seeking damages for breach of contract, negligence, and fraud in relation to the renovation and restoration of the consumer's home. The company allegedly caused the disposal of lead paint residue and dust in the consumer's home. The consumer sufficiently pleaded their claims.
Court: USDC Western District of Virginia, Judge: Jones, Filed On: June 6, 2023, Case #: 1:23cv10, NOS: Property Damage Product Liability - Torts - Personal Property, Categories: Fraud, Negligence, Contract
J. Wood finds that the trial court improperly dismissed the company’s claim against the coaches’ association alleging unjust enrichment. The company sufficiently pleaded its claims that the breach of contract and failure to pay for services constituted unjust enrichment. Reversed in part.
Court: North Carolina Court of Appeals, Judge: Wood, Filed On: June 6, 2023, Case #: COA22-882, Categories: Contract
J. Dowd finds that the lower court properly found for the hotel in an employment disability discrimination suit filed by a former security guard. The guard failed to show that he had been diagnosed with depression or anxiety before he abruptly left his job and checked himself into a psychiatric unit. His employer had to be aware of his disability beforehand to qualify for ADA protection. Affirmed.
Court: Missouri Court Of Appeals, Judge: Dowd, Filed On: June 6, 2023, Case #: ED110737, Categories: Ada / Rehabilitation Act