104 results for 'filedAt:"2023-07-17"'.
J. Heil grants the individual plaintiffs' motion to proceed under pseudonyms in this suit challenging the constitutionality of certain state actions "related to transgender medical care for adolescents," including Senate Bill 613. There are "exceptional circumstances" that weigh in favor of allowing the minor plaintiffs and their parents "to proceed pseudonymously," and there is little risk of prejudice.
Court: USDC Northern District of Oklahoma , Judge: Heil, Filed On: July 17, 2023, Case #: 4:23cv177, NOS: Constitutionality of State Statutes - Other Suits, Categories: Civil Rights, Constitution, Health Care
J. McShane finds in favor of Oregon State Senator Brian Boquist for his complaint alleging that the Senate leadership retaliated against his exercise of free speech rights. After stating during a June 2019 speech on the Senate floor that, if the Senate leader is going to send the police for him, “Hell’s coming to visit you personally,” Boquist was told he would have to provide 12-hour advance notice in writing when he planned to go to the capitol building. Boquist’s comments were hyperbolic and said in “a highly charged political environment.” The statements did not constitute a true threat and the imposition of the 12-hour rule infringed on his rights.
Court: USDC Oregon, Judge: McShane, Filed On: July 17, 2023, Case #: 6:19cv1163, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Government, First Amendment
J. Sykes finds that the investors did not prove their securities fraud claims alleging that the attorney is liable for damages regarding their $360,000 investment into a failed jet fuel proposition. The investors do not prove that the attorney sold or offered to sell the investors security. They provide only an email from the attorney and the company's managing member soliciting investment money for the jet fuel transaction, which does not qualify the attorney as a seller for the purposes of a securities or fraud claim.
Court: USDC Central District of California, Judge: Sykes, Filed On: July 17, 2023, Case #: 8:21cv389, NOS: Securities/Commodities/Exchange - Other Suits, Categories: Fraud, Securities
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J. Carr grants, in part, the theme park's motion to dismiss, ruling the Ohio Supreme Court's ruling in a nearly identical case requires dismissal of the claims brought by individuals who used their season passes prior to the park's shutdown during the Covid-19 pandemic. Those passholders received the "benefit of their bargain" with the theme park, who reserved the right to change operating hours without notice.
Court: USDC Northern District of Ohio, Judge: Carr, Filed On: July 17, 2023, Case #: 3:20cv2176, NOS: Other Contract - Contract, Categories: Consumer Law, Class Action, Contract
J. Zimmerman finds the trial court properly granted permanent custody of the child to her maternal grandparents despite their claims of being overwhelmed by the responsibility. Such an admission did not prevent them from providing a safe home for the child but was merely a normal reaction to the situation. Meanwhile, the lack of concrete evidence of the parents' income did not prevent the court from imposing child support orders because it was clearly established that both were employed, while the payment calculations were based on potential income. Affirmed.
Court: Ohio Court Of Appeals, Judge: Zimmerman, Filed On: July 17, 2023, Case #: 2023-Ohio-2442, Categories: Evidence, Family Law
J. Kirsch finds that the lower court properly found for the union in a dispute with a member whom it denied disability benefits. The fund decided that the iron worker's injuries were not on-the-job injuries, and its determination was "not downright unreasonable." Affirmed.
Court: 7th Circuit, Judge: Kirsch, Filed On: July 17, 2023, Case #: 22-1149, Categories: Labor / Unions
J. Readler finds the lower court properly granted Prudential's motion for summary judgment in a misappropriation case. The lack of a confidentiality agreement between the creators of the annuity product and Nationwide Insurance prevents any misappropriation claim being brought against Prudential, which launched a similar annuity product shortly after several Nationwide employees accepted jobs there. Affirmed.
Court: 6th Circuit, Judge: Readler, Filed On: July 17, 2023, Case #: 22-3736, Categories: Trade Secrets, Contract
Per curiam, the Fifth Circuit finds the district court properly revoked defendant’s supervised release, sentencing her to the statutory maximum. Defendant was convicted by guilty plea for mail and wire fraud and aggravated identity theft, then committed the same crimes during her release, violating every supervision condition. Though the court erred in allowing initial sentencing considerations, sanctioning the violations as a “breach of the court’s trust” is allowed. Because use of identifying information, fraud and theft underpinned all offenses, and the violations resulted in even greater financial harm, all permissible considerations provide independent support for the violation sentencing. Affirmed.
Court: 5th Circuit, Judge: Per curiam, Filed On: July 17, 2023, Case #: 22-10595, Categories: Fraud, Probation, Identity Theft
J. Loken finds that the district court properly ruled for a company accused of terminating revenue payments owed to an oil company for leasehold mineral rights in violation of a previous agreement. The 1962 warranty deed unambiguously overconveyed mineral interest in the disputed lands to the decedent, and the court thoroughly examined the record to determine that no basis existed for reforming the deed. Affirmed.
Court: 8th Circuit, Judge: Loken , Filed On: July 17, 2023, Case #: 22-2053, Categories: Property
J. Docherty partially grants the former meat conglomerate employees' motions to quash subpoenas issued to them as part of ongoing multidistrict litigation premised on allegations of price-fixing. The plaintiffs in that litigation have sufficiently shown that the employees likely have relevant information on their phones, though discovery for two of the employees' phones is limited to periods starting at the dates they entered the positions they were in at the time of filing. A request for documents concerning communications regarding beef markets is narrowed to exclude text messages about meetings and communications without a clear purpose.
Court: USDC Minnesota, Judge: Docherty, Filed On: July 17, 2023, Case #: 0:23mc42, NOS: Other Statutory Actions - Other Suits, Categories: Antitrust, Discovery
J. Frank grants the bank's motion to dismiss the consumer's amended complaint alleging several violations of law related to collection and reporting of an alleged debt, along with an Americans with Disabilities Act claim. The ADA allegations are not related to those against the bank, the consumer has not alleged that the bank knew or should have known it had furnished the consumer with fraudulent information, the parties' contract need not include permission to engage debt collectors to make their engagement permissible, the bank is not a debt collector, and the consumer has not adequately alleged a factual inaccuracy in the bank's reporting of debts.
Court: USDC Minnesota, Judge: Frank, Filed On: July 17, 2023, Case #: 0:22cv2421, NOS: Consumer Credit - Other Suits, Categories: Debt Collection, Fraud, Consumer Law
J. Byrne finds the lower court erroneously granted the developers' motion for summary judgment on all of the homeowner's trespass and negligence claims. An affidavit submitted by his expert witness about the movement of dirt contributing to water intrusion issues at the property was sufficient to support at least some of the claims. Although the court correctly ruled the claims related to the initial construction of the development were barred either by the statute of limitations or the statute of repose, the movement of the dirt occurred within four years of the lawsuit and, therefore, is not time-barred. Reversed in part.
Court: Ohio Court Of Appeals, Judge: Byrne, Filed On: July 17, 2023, Case #: 2023-Ohio-2439, Categories: Civil Procedure, Construction, Real Estate
J. Chung finds that the lower court properly sentenced defendant on robbery and assault convictions. Defendant challenges the use of videoconferencing during proceedings, claiming that it violated his right to a fair trial, but these claims are without merit as the videoconferencing strategies were being employed to combat Covid-19. The mandatory firearm enhancements the court imposed on his sentence were also proper, as the language of the firearms sentence enhancement statute allow multiple punishments for multiple convictions. Affirmed.
Court: Washington Court Of Appeals, Judge: Chung, Filed On: July 17, 2023, Case #: 82910-6-I, Categories: Fair Trial, Robbery, Sentencing
J. Rodriguez finds a lower court erred in dismissing a pro se case brought by a worker against her employer for alleged unpaid wages and other claims. The court dismissed the case on procedural grounds after finding the worker had not adequately pleaded the basis of her claims or that the claims were otherwise duplicative with a federal complaint, but in fact the worker had provided sufficient allegations, including regarding “the existence of a valid contract,” to proceed. Reversed in part.
Court: Texas Courts of Appeals, Judge: Rodriguez, Filed On: July 17, 2023, Case #: 08-23-00055-CV, Categories: Civil Procedure, Employment, Contract
J. Evans holds that triable issues of fact should have stopped the trial court from granting an insurer summary judgment on unfair competition allegations brought by the California Medical Association. The Unfair Competition Law limits a membership organization's standing to suits for injuries it suffers, but does not confer standing for injuries suffered by its members. But a membership organization attains standing when it makes expenditures, other than litigation expenses, to respond to unfair competition that threatens its mission. Reversed.
Court: California Supreme Court, Judge: Evans, Filed On: July 17, 2023, Case #: S269212, Categories: Civil Procedure, Health Care, Insurance
J. Sargus denies, in part, the former loan company employees' motion for summary judgment, ruling the loan company's evidence of credit pulls and loan documents the employees took with them to a competitor is sufficient to create an issue of fact and allow the tortious interference claim to go to a jury. Meanwhile, because none of the emails used to support the unfair competition claim include the names of both the loan company and the competitor, there is insufficient evidence to support the claim, and that portion of the employees' motion will be granted.
Court: USDC Southern District of Ohio, Judge: Sargus, Filed On: July 17, 2023, Case #: 2:21cv5922, NOS: Defend Trade Secrets Act of 2016 (DTSA) - Property Rights, Categories: Trade Secrets, Damages, Interference With Contract
J. Rothstein finds in favor of third-party defendant Smith Freed Eberhard and dismisses the law firm from the insured's lawsuit, which alleges that the firm committed legal malpractice and violated its fiduciary duties by waiting seven months to file a vacate motion of default judgment in the insured's underlying car collision lawsuit and did not exhaust all opportunities for relief from the default judgment. Although the law firm did not act with due diligence in regard to filing the motion to vacate, the insured does not prove that the firm's lack of action was the proximate cause of his damages. In fact, the county court likely would have denied the motion anyway because the insured did not appear in litigation before or after the default order was entered.
Court: USDC Western District of Washington, Judge: Rothstein, Filed On: July 17, 2023, Case #: 2:21cv1501, NOS: Insurance - Contract, Categories: Insurance, Fiduciary Duty, Legal Malpractice
J. Komitee dismisses a swimwear consultant’s breach of contract complaint alleging a swimwear merchandise provider failed to compensate her for consultancy work she provided and also induced her to invest in a separate personal protective equipment venture, but ultimately misappropriated the funds for personal use. The consultant fails to provide enough details to allege the existence of an enforceable contract in either respect.
Court: USDC Eastern District of New York, Judge: Komitee, Filed On: July 17, 2023, Case #: 1:21cv4395, NOS: Truth in Lending - Torts - Personal Property, Categories: Contract
J. Breen denies the pro se plaintiff's motion to alter or amend the judgment in this case pursuant to Rule 59(e). The judgment dismissed his civil rights complaint, which arose from certain "petitions to establish paternity and various child support orders." The individual plaintiff failed to object to certain findings in the magistrate judge's report. Also, certain claims are barred under the Rooker-Feldman doctrine, and others are barred by immunity.
Court: USDC Western District of Tennessee , Judge: Breen, Filed On: July 17, 2023, Case #: 1:22cv1103, NOS: Other Civil Rights - Civil Rights, Categories: Civil Procedure, Civil Rights, Immunity