179 results for 'filedAt:"2023-08-11"'.
J. Conley finds partially in favor of the Wisconsin artificial insemination company on its five counterclaims in the patent infringement lawsuit it faces from the Texas-based distributor of frozen bovine semen used in cattle breeding, the fourth such lawsuit since 2014. The record weighs in favor of the distributor on the company's two counterclaims under the Sherman Act alleging the distributor engaged in sham litigation in its previous patent lawsuits, as well as a counterclaim under Wisconsin's unfair competition law, and the two Sherman Act counterclaims are dismissed with prejudice and the state-law claim is dismissed without prejudice. The company's two counterclaims under federal antitrust law claiming the distributor's patents were fraudulently obtained and asserted in bad faith survive the distributor's motion to dismiss, as they are supported well enough by plausible allegations.
Court: USDC Western District of Wisconsin, Judge: Conley, Filed On: August 11, 2023, Case #: 3:20cv349, NOS: Patent - Property Rights, Categories: Civil Procedure, Patent
J. Koh grants a petition for review of the Board of Immigration Appeals’ (BIA) denial of an immigrant's motion to reopen removal proceedings based on changed circumstances. The BIA's determination that the immigrant failed to establish prima facie eligibility for relief was improper because new evidence likely undermined the Board’s prior finding.
Court: 9th Circuit, Judge: Koh, Filed On: August 11, 2023, Case #: 18-70225, Categories: Immigration
J. Duhart finds the trial court properly denied defendant's motion to suppress the victim's identification evidence, which was the result of an unbiased photo array conducted by two detectives who made no suggestive statements to the victim. Meanwhile, the severity of the victim's injuries, which included several lacerations, eight puncture wounds, and partial disembowelment, was more than enough evidence to support the assault and attempted murder convictions when coupled with the victim's testimony about the attack. Affirmed.
Court: Ohio Court Of Appeals, Judge: Duhart, Filed On: August 11, 2023, Case #: 2023-Ohio-2800, Categories: Evidence, Assault, Identification
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J. Stewart finds the district properly certified the class in this suit alleging that the plan mismanaged retirement, health and welfare funds contributed through employers. The district court did not violate the Supreme Court’s statistical modelling precedent by acknowledging employees’ and contributors' plans to establish the fund’s liability using an arithmetic, formulaic method. The fund’s due process rights are sufficiently protected, and differences in damage amounts among members do not bar certification. Affirmed.
Court: 5th Circuit, Judge: Stewart, Filed On: August 11, 2023, Case #: 22-50368, Categories: Employment, Insurance, Class Action
J. Murphy finds that the lower court properly sentenced defendant to 31 months of post-release supervision after she violated the terms of her release following a manslaughter conviction. Defendant claims the sentence was unlawfully excessive, but precedent shows defendant was given a sentence compliant with sentencing laws and that is not unlawfully long. Affirmed.
Court: 10th Circuit, Judge: Murphy, Filed On: August 11, 2023, Case #: 22-4047, Categories: Sentencing, Manslaughter
J. Tailor finds that the lower court properly found for the city in a Freedom of Information Act suit related to its recycling program records. There is no evidence that any of the “missing” third-party hauler reports actually exist. Rather, it appears that the city has not enforced the requirement that all third-party private haulers submit an annual report. Affirmed.
Court: Illinois Appellate Court, Judge: Tailor, Filed On: August 11, 2023, Case #: 220154, Categories: Municipal Law, Public Record
J. Davila allows some claims to continue in Apple's trade secret and contract complaint against Rivos for allegedly targeting and soliciting Apple employees familiar with Apple's chip design trade secrets. Claims cannot continue against former Apple employees who retained Apple information on their synced drivers, as that conduct does not rise to the level of trade secret theft. However, claims may proceed against employees who transferred confidential information to their personal software repositories before leaving Apple.
Court: USDC Northern District of California, Judge: Davila, Filed On: August 11, 2023, Case #: 5:22cv2637, NOS: Defend Trade Secrets Act of 2016 (DTSA) - Property Rights, Categories: Trade Secrets, Contract
J. Boatwright finds the trial court improperly denied two grounds of defendant’s nine-ground motion for postconviction relief subsequent to an evidentiary hearing in his case. The portions of the trial court’s order denying grounds two and eight, which respectively claim defendant’s counsel was ineffective for failing to object to an allegedly vindictive sentence and advise him of the maximum sentence he faced for rejecting the state’s plea offer, are reversed, as they were not adequately addressed at the evidentiary hearing and there are no attached records supporting the trial court’s summary denial of both. The case is remanded for the trial court to either attach those supporting records or hold another evidentiary hearing. Affirmed in part.
Court: Florida Courts Of Appeal, Judge: Boatwright, Filed On: August 11, 2023, Case #: 22-1463, Categories: Criminal Procedure, Ineffective Assistance
J. Frensley recommends that the officials' motion for partial dismissal be granted in part in this lawsuit challenging the state's sex offender registration laws. One of the individual plaintiff's Ex Post Facto claims should be dismissed "for failure to state a claim," as the complaint does not allege that the "Registration Act is punitive in support of claim A." The court notes that a second claim properly asserts that the Act is punitive as applied to the plaintiff.
Court: USDC Middle District of Tennessee , Judge: Frensley, Filed On: August 11, 2023, Case #: 3:22cv1004, NOS: Other Civil Rights - Civil Rights, Categories: Civil Procedure, Civil Rights
J. Walker finds that the district court properly denied defendant ineffective assistance relief seeking to vacate his guilty plea because denaturalization was not a direct consequence of conviction for conspiring to launder money to aid mujahideen in Afghanistan while applying for citizenship, and thus counsel was not required to warn of that risk. Affirmed.
Court: 2nd Circuit, Judge: Walker, Filed On: August 11, 2023, Case #: 20-1666, Categories: Immigration, Ineffective Assistance
J. Morgan grants a request by Scandinavian Airlines, dismissing for lack of jurisdiction a personal injury suit by a Louisiana resident who allegedly fell to the ground and broke her leg when disembarking the airline’s aircraft in Oslo, Norway. The passenger argues her claim arises from the airline’s sale of a plane ticket to her in her home state of Louisiana, which should be the forum state for her suit. The court disagrees: Her suit arises from the alleged negligent conduct, which occurred in Oslo.
Court: USDC Eastern District of Louisiana , Judge: Morgan, Filed On: August 11, 2023, Case #: 2:21cv1591, NOS: Airplane - Torts - Personal Injury, Categories: Transportation, Tort, Jurisdiction
J. Brennan finds that the lower court properly dismissed the debtor's action in a Fair Debt Collection Practices Act suit against a law firm alleging it made contradictory statements about the recover of fees. Neither the debtor's confusion, leading him to hire a lawyer, nor his lost sleep is insufficient to establish a concrete harm in order to establish standing. Affirmed.
Court: 7th Circuit, Judge: Brennan, Filed On: August 11, 2023, Case #: 21-2288, Categories: Civil Procedure, Debt Collection
J. Currault denies a request for a stay of all discovery submitted by the foreign owners of a tanker under investigation by the U.S. Coast Guard for environmental crimes. A stay of discovery is not appropriate in the case, and accordingly, discovery will proceed expeditiously. The government has established “peculiar” circumstances justifying holding the depositions outside of the home countries of the ship owner and the shipping company.
Court: USDC Eastern District of Louisiana , Judge: Currault, Filed On: August 11, 2023, Case #: 2:23cv2305, NOS: Other Contract - Contract, Categories: Environment, Maritime, Discovery
J. Gonzalez grants a motion for reconsideration and subsequently enters judgment in favor of a real estate owner on its quiet title action. The note holder argued the loan was not properly accelerated because its loan servicer was not authorized to file the foreclosure action in 2007. However, due to the 2020 New York Foreclosure Abuse Prevention Act, which subsequently changed the controlling law, a foreclosure action is deemed official unless expressly dismissed by the court. To that end, the court finds the mortgage loan was accelerated in 2007, and that the defendants failed to foreclose on the property before the six-year statute of limitations expired, thus entitling the litigant to an order canceling and discharging the mortgage.
Court: USDC Eastern District of New York, Judge: Gonzalez, Filed On: August 11, 2023, Case #: 1:20cv3553, NOS: All Other Real Property - Real Property, Categories: Property, Real Estate, Banking / Lending
J. Morgan denies the motion to stay remand brought by a hospital network accused of violating Louisiana’s wiretapping law, pending appeal of her order returning a potential class-action suit to state court. The nonprofit hospital system is unable to show a strong likelihood it will prevail on its defense to the suit’s allegations it used “tracking pixels” on its websites to transmit patients’ communications to companies like Facebook and Google, who could then use the personal medical information for targeted advertising. The hospital system cannot prevail on its defense that it acted under federal direction, because no federal directive existed.
Court: USDC Eastern District of Louisiana , Judge: Morgan, Filed On: August 11, 2023, Case #: 2:23cv411, NOS: Other Statutory Actions - Other Suits, Categories: Communications, Evidence, Health Care
[Consolidated.] Wynn grants the natural gas pipeline's motion to dismiss petitions for review of permit approvals for lack of jurisdiction. In passing the Fiscal Responsibility Act of 2023, Congress gave exclusive jurisdiction to the Washington D.C. Circuit Court. Dismissed.
Court: 4th Circuit, Judge: Wynn, Filed On: August 11, 2023, Case #: 23-1384, Categories: Energy, Government, Jurisdiction
Per curiam, the appellate division finds that the trial court improperly dismissed counterclaims contending a lease was invalid on grounds that the company failed to provide a parking space. The lessee did not not waive the right to challenge the lapse by failing to insist on compliance, and the lessor promised to provide protection in the event it could not deliver a suitable space. Reversed in part.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: August 11, 2023, Case #: CA 22-00788, Categories: Contract
J. Aiken finds in favor of the New Jersey insurance company against the Ohio insurance corporation's claim that the New Jersey insurer must cover damages in an underlying contract lawsuit involving the parties' mutual insured. The underlying lawsuit does not allege any bodily injury to tangible property or the loss of use of tangible property that would trigger coverage from the New Jersey insurer's policy.
Court: USDC Oregon, Judge: Aiken, Filed On: August 11, 2023, Case #: 6:20cv2145, NOS: Insurance - Contract, Categories: Insurance, Contract
Per curiam, the Indiana Supreme Court finds that Judge Jason Cichowicz should be suspended without pay for 45 days for abusing his office for the benefit of a family member and failing to disclose his role as trustee for a charitable foundation.
Court: Indiana Supreme Court, Judge: Per curiam, Filed On: August 11, 2023, Case #: 23S-JD-33, Categories: Judiciary
J. Atkins finds that the trial court properly ruled in favor of the owner in an action seeking confirmation of her tax sale title and sole ownership of a property and correctly denied the individual's motion for a new trial. The trial court correctly found in favor of the owner on the basis of post-sale notice. The individual failed to establish any issue of fact as to the validity of the tax sale. The curator ad hoc exercised reasonable diligence in finding and notifying the individual of the owner's petition. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Atkins, Filed On: August 11, 2023, Case #: 2022-CA-0853, Categories: Property
J. Coghlan finds that the lower court improperly dismissed defendant's successive post-conviction petition when defendant's power of attorney, his wife, lacked the authority to institute a legal action on behalf of anyone other than herself because she is not an attorney. Vacated.
Court: Illinois Appellate Court, Judge: Coghlan, Filed On: August 11, 2023, Case #: 220032, Categories: Criminal Procedure
[Consolidated.] J. Edwards finds that the lower court improperly terminated the mother's parental rights to the two children. The custodian had the burden of establishing the grounds for termination, and he "failed to do so." Specifically, the evidence did not support a finding that "the mother had abandoned the children." Reversed.
Court: Alabama Court of Civil Appeals, Judge: Edwards, Filed On: August 11, 2023, Case #: CL-2022-1244, Categories: Evidence, Family Law
J. Gunter finds that the lower court properly convicted defendant of conspiracy to distribute meth after his trial for crimes committed in 2019 was delayed until 2021. The delays in defendant's case were primarily due to the impact of the Covid-19 pandemic and the unexpected death of his counsel, neither of which unfairly prejudiced his defense. Affirmed.
Court: 7th Circuit, Judge: Rovner, Filed On: August 11, 2023, Case #: 22-1546, Categories: Drug Offender, Speedy Trial
J. Sannes dismisses on jurisdictional grounds an equitable relief and good faith and fairy dealing action brought against two subsidiaries of National Grid, an electricity and gas energy services provider, alleging it wrongfully deducted pass-through income tax charges from reimbursement payments made to two solar energy providers. The two litigants had sought restitution for the withheld amounts and a declaration that its payments were not subject to income tax liabilities, plus an order enjoining the National Grid from charging a tax gross-up added on renewable energy projects.
Court: USDC Northern District of New York, Judge: Sannes, Filed On: August 11, 2023, Case #: 5:22cv1085, NOS: Other Statutory Actions - Other Suits, Categories: Energy, Tax