108 results for 'filedAt:"2023-08-28"'.
J. Trapp finds the trial court properly denied defendant's motion to suppress because even if the traffic stop for speeding had been illegal, it would not have allowed for exclusion of the evidence regarding his speed, only any evidence seized in a subsequent search. Meanwhile, defendant's discovery request and motion to suppress each tolled the speedy trial clock; therefore, the trial court did not violate his speedy trial rights when it failed to try him within 30 days of the charge for speeding. Affirmed.
Court: Ohio Court Of Appeals, Judge: Trapp, Filed On: August 28, 2023, Case #: 2023-Ohio-3017, Categories: Evidence, Speedy Trial, Vehicle
J. Matsumoto adopts a magistrate’s report and recommendation and preserves, in part, a putative class action lawsuit against Geico on allegations that it exposed its customers’ driver’s license numbers through the use of an autofill feature on its sales website. The court allows claims for negligence and equitable relief, as well as a claim under the Driver’s Privacy Protection Act to proceed to trial, finding the class members sufficiently allege Geico knowingly disclosed their private information.
Court: USDC Eastern District of New York, Judge: Matsumoto, Filed On: August 28, 2023, Case #: 1:21cv2210, NOS: Other Personal Injury - Torts - Personal Injury, Categories: Privacy, Class Action, Technology
J. Ross reverses the driver's conviction for operating a motor vehicle while using a cellular device, finding that the driver was neither "reading an electronic message" or "engaging in a cellular phone call" when he picked up his phone to view the caller-identification information of an incoming spam call. The driver's argument that a 2021 amendment to the driver's-license-suspension statute requires vacation of his driving-while suspended conviction fails, however, since the amendment did not decriminalize driving with a suspended license. Reversed in part.
Court: Minnesota Court Of Appeals, Judge: Ross, Filed On: August 28, 2023, Case #: A22-1444, Categories: Evidence, Vehicle
J. Shaw upholds the examining attorney's refusal to register a mark that consists of the face of a computer game character for computer game programs and software. The mark identifies a character within the applicant's game, rather than an indicator of his products.
Court: Trademark Trial and Appeal Board, Judge: Shaw, Filed On: August 28, 2023, Case #: 97115036, Categories: Trademark
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J. Chang grants an insurance policyholder’s motion for a declaration that this insurance dispute, over whether and what amount of coverage an insurance company owes the policyholder for his property’s ice damage, is best settled via an appraisal process.
Court: USDC Northern District of Illinois, Judge: Chang, Filed On: August 28, 2023, Case #: 1:23cv905, NOS: Insurance - Contract, Categories: Insurance, Damages, Contract
J. Vazquez partially grants the automakers' motion to dismiss the consumers' putative class action suit alleging that the automakers knowingly sold cars with likely-to-fail turbocharging systems without disclosing them. The consumers' fraud claims are dismissed, since the consumers have not pleaded sufficient facts to reasonably infer that the automakers had knowledge of the defect before the sales of the cars, and their express warranty claim fails for much the same reason. A negligent misrepresentation claim survives, since it is neither time-barred nor clearly barred by the economic loss doctrine.
Court: USDC New Jersey, Judge: Vazquez, Filed On: August 28, 2023, Case #: 2:22cv4163, NOS: Other Contract - Contract, Categories: Fraud, Warranty, Class Action
J. Clark denies the prisoner's motions for leave to file a late notice of claim, for the appointment of pro bono counsel and to stay a deadline for service of an affidavit of merit in a case alleging failures to provide adequate medical care. The prisoner has failed to demonstrate extraordinary circumstances leading to his failure to comply with notice requirements, and only one of the six factors used to determine whether appointment of pro bono counsel is appropriate weighs in favor of the prisoner. The deadline stay motion is moot.
Court: USDC New Jersey, Judge: Clark, Filed On: August 28, 2023, Case #: 2:23cv373, NOS: Civil Rights - Habeas Corpus, Categories: Civil Rights, Prisoners' Rights
J. Lucci finds the trial court properly denied defendant's motion to dismiss on speedy trial grounds. Competency hearings and defendant's numerous discovery motions tolled his speedy trial clock. Furthermore, although the victim admitted she had consensual sex with defendant several times during the course of events that led to his kidnapping and rape charges, the jury did not lose its way when it found her testimony about his actions credible and convicted him. Affirmed.
Court: Ohio Court Of Appeals, Judge: Lucci, Filed On: August 28, 2023, Case #: 2023-Ohio-3019, Categories: Sex Offender, Kidnapping, Speedy Trial
J. Saylor partially denies a city’s motion for summary judgment against a former police detective suing it for allegedly violating his First, Fifth and 14th Amendment constitutional rights and some state laws by terminating his employment after he complained about corruption in the city’s police department. The former detective’s complaint occurred after it was recommended that he be terminated, but the actual decision to terminate him came after he wrote a series of letters accusing the individual who discharged him of unethical behavior, and that decision was made without the normal amount of interviewing of relevant witnesses.
Court: USDC Massachusetts, Judge: Saylor, Filed On: August 28, 2023, Case #: 1:21cv10867, NOS: Other Civil Rights - Civil Rights, Categories: Employment Retaliation, First Amendment, Police Misconduct
J. Walker finds that the district court properly dismissed sexual harassment and retaliation claims a nurse brought against a hospital based on forged text messages, but improperly sanctioned counsel for the nurse. Sanctions terminating the case were properly imposed due to the nurse's failure to preserve her iPhones and phone data, but an explicit finding of bad faith had not been made before sanctions were imposed against her attorney and his firm. Affirmed in part.
Court: 2nd Circuit, Judge: Walker, Filed On: August 28, 2023, Case #: 21-2084-cv, Categories: Evidence, Sanctions, Employment Retaliation
[Consolidated.] J. Loruie finds that the patent trial and appeal board properly ruled in this dispute over unpatentable image sensors and cell phone devices because substantial evidence supports the ruling. Affirmed.
Court: Federal Circuit, Judge: Loruie, Filed On: August 28, 2023, Case #: 22-1293, Categories: Patent, Technology
J. Barbier grants summary judgment to two Louisiana banks and against a former criminal defendant who inherited $1.4 million dollars after serving time for bank fraud. The banks are entitled to split the admitted fraudster’s inheritance because they compensated his restitution victims’ losses. The ruling rejected the convicted felon’s “unsupported” argument that, because the banks compensated the restitution victims, they participated in his criminal conduct. The government maintains the admitted fraudster still owes over $6.7 million in restitution.
Court: USDC Eastern District of Louisiana , Judge: Barbier, Filed On: August 28, 2023, Case #: 2:22cv2819, NOS: Other Statutory Actions - Other Suits, Categories: Fraud, Real Estate, Banking / Lending
J. Baxter dismisses claims seeking unpaid wages in the form of a bonus because the employee was fired on December 15, 2021, and the incentive was conditioned on his employment status through the end of the year.
Court: USDC Western District of Pennsylvania, Judge: Baxter, Filed On: August 28, 2023, Case #: 1:22cv206, NOS: Other Contract - Contract, Categories: Employment, Fraud, Contract
J. Miller finds that the trial court improperly granted in part defendant's motion for a new trial on his convictions for aggravated assault with a deadly weapon and firearm offenses. The trial court incorrectly found that defendant's trial counsel was deficient for failing to request a jury instruction on reckless conduct as a lesser included offense of aggravated assault. Defendant's action in firing warning shots into the air constituted aggravated assault with a deadly weapon, not reckless conduct. Reversed.
Court: Georgia Court of Appeals, Judge: Miller, Filed On: August 28, 2023, Case #: A23A1140, Categories: Firearms, Ineffective Assistance, Assault
J. Sands denies the truck driver's and employer's motion to partially dismiss an intervenor's complaint in the maintenance worker's negligence action arising from injuries he suffered in a vehicle collision and fall. The Georgia Department of Administrative Service is dismissed as a party to the action. The department intervened as a plaintiff but the court lacks subject matter jurisdiction over the department's claims. The department is not a citizen for the purpose of federal diversity jurisdiction because it has Eleventh Amendment immunity as an arm of the state.
Court: USDC Middle District of Georgia, Judge: Sands, Filed On: August 28, 2023, Case #: 7:20cv253, NOS: Motor Vehicle - Torts - Personal Injury, Categories: Negligence, Jurisdiction
J. Wood partially grants the department's motion to dismiss a civil rights and disability discrimination action brought by an individual arising from his DUI arrest after he failed three balance-oriented tests but registered a blood-alcohol content of zero on a breathalyzer test. The individual alleges that he was unfairly arrested due to the balance-impairing symptoms of his hydrocephalus disability. The ADA and Rehabilitation Act claims against the department for money damages are dismissed. However, the claims for declaratory and injunctive relief may move forward, as well as the civil rights claim against the police officer. The officer is not entitled to qualified immunity because he lacked arguable probable cause to arrest the individual. The commissioner's motion to dismiss is granted because the individual failed to properly serve him.
Court: USDC Southern District of Georgia, Judge: Wood, Filed On: August 28, 2023, Case #: 2:21cv107, NOS: Other Labor Litigation - Labor, Categories: Civil Rights, Ada / Rehabilitation Act
J. Newsom finds that the district court properly convicted defendant of mailing a threatening communication and threatening a federal official. Defendant wrote in an objection to a federal magistrate judge's recommendation in a separate case that he was "threatening [the judge] with death and bodily harm." The objection also said defendant was "threatening [the judge] who is a woman of color with death" and included a link to a YouTube video of defendant holding a Black preacher's hand as a gospel hymn played. The district court correctly denied defendant's motion to dismiss the indictment. Although defendant was hospitalized for longer than the four months permitted by the statute, the violation does not warrant dismissal of the indictment. Any error committed by the district court in commenting on the religious language and imagery in the hymn when sentencing defendant to 60 months in prison was harmless. Affirmed.
Court: 11th Circuit, Judge: Newsom, Filed On: August 28, 2023, Case #: 22-10509, Categories: Sentencing, Threats
J. Mullins finds the trial court properly precluded defendant's attorney from questioning prospective jurors abouts parents who display affection for their children by kissing them on the lips. Defense counsel was still able to ask general questions about displays of affection and chose not to question more than half the jurors about such interactions, while the state did not focus its case on defendant's propensity to kiss his daughters on the lips. Meanwhile, the trial court properly admitted the video interview of the victim, which provided details not contained in her trial testimony and was crucial to the state's case regarding defendant's sexual assault charges. Affirmed.
Court: Connecticut Supreme Court, Judge: Mullins, Filed On: August 28, 2023, Case #: SC20693, Categories: Jury, Sex Offender, Child Victims
J. Gonzalez enters judgment in favor of the city of Yonkers, its police department and Home Depot on a self-represented litigant’s claims for civil rights violations stemming from his arrest on charges of credit card fraud. Based on the evidence presented to the court, probable cause existed to initiate his arrest and charge him on suspicion that he opened a Home Depot credit card account in someone else’s name in order to purchase a large order of flooring supplies.
Court: USDC Eastern District of New York, Judge: Gonzalez, Filed On: August 28, 2023, Case #: 1:18cv7122, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Fraud, Police Misconduct
J. Landy grants the commissioner’s motion for summary judgment, ruling there is no abuse of discretion. The individual was properly issued a notice of intent of levy.
Court: U.S. Tax Court, Judge: Landy, Filed On: August 28, 2023, Case #: 2023-110, Categories: Tax
J. Rodriguez declines to dismiss claims contending Dish Network infringed U.S. Patent No. 9,392,302 because the parties were in early discovery stages.
Court: USDC Colorado, Judge: Rodriguez, Filed On: August 28, 2023, Case #: 1:22cv3037, NOS: Patent - Property Rights, Categories: Civil Procedure, Patent, Discovery