122 results for 'filedAt:"2023-09-11"'.
J. Kness grants an electronics company's motion for summary judgment on Walgreen's contract breach, warranty and negligence claims. The electronics company installed an alarm system in one of the pharmacy chain's refrigerated medicine warehouses, which was supposed to alert administrators when the temperature in the warehouse rose too high. The temperature did rise too high after the alarm system failed to work, but the electronics company is still not responsible for the pharmacy's loss of the temperature-sensitive medications.
Court: USDC Northern District of Illinois, Judge: Kness, Filed On: September 11, 2023, Case #: 1:17cv2120, NOS: Other Contract - Contract, Categories: Negligence, Warranty, Contract
J. Kendall partially grants an insurance company's motion to dismiss a class action brought by Black policyholders who argue the company submits their insurance claims to greater scrutiny and makes them wait longer for payouts compared to white policyholders. The policyholders brought several of their claims under the Fair Housing Act, arguing that the company dragging its feet on honoring its Black customers' policies has left those customers facing homelessness or dangerous living conditions. But the customers have not "connected the dots" between their homes' damages and the insurance company's actions. The policyholders' other charge, that the insurance company's AI-driven claims processing system has inherent anti-Black bias, survives.
Court: USDC Northern District of Illinois, Judge: Kendall, Filed On: September 11, 2023, Case #: 1:22cv7014, NOS: Housing/Accommodations - Civil Rights, Categories: Civil Rights, Insurance, Class Action
J. Tostrud partially grants the bank and its attorneys' motion to dismiss the consumers' suit alleging an unlawful mortgage foreclosure. A breach-of-contract claim fails because it relies on implausible interpretations of the parties' contract, and a Truth in Lending Act claim fails since the consumers have not plausibly alleged that the bank failed to credit a payment to a loan account as of the date of receipt, but rather that they refunded the payments after receiving them. The harms alleged therefore stem from the foreclosure, rather than conduct that would fall under the Truth in Lending Act. Fair Debt Collection Practices Act claims largely survive since the documents supporting the motion to dismiss them are not embraced by the pleadings and so cannot be considered for the purposes of this motion.
Court: USDC Minnesota, Judge: Tostrud, Filed On: September 11, 2023, Case #: 0:22cv3056, NOS: Truth in Lending - Torts - Personal Property, Categories: Civil Procedure, Consumer Law, Banking / Lending
J. Calabretta allows to proceed certain civil rights claims filed by the wife and daughter of defense attorney Frank Carson, who were arrested on murder-for-hire charges, but whose charges were later dismissed. They have sufficiently pleaded claims under the Bane Act, and for intentional infliction of emotional distress and Fourteenth Amendment violations.
Court: USDC Eastern District of California, Judge: Calabretta, Filed On: September 11, 2023, Case #: 1:18cv496, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Emotional Distress
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J. Mueller grants, in part, a preliminary injunction to the state on its case against an Indian-owned cigarette manufacturing company that allegedly fails to abide by California’s regulations and violates the Prevent All Cigarette Trafficking Act. It has shown a likelihood of success on the merits and the balance of hardships "sharply weighs in favor of California."
Court: USDC Eastern District of California, Judge: Mueller, Filed On: September 11, 2023, Case #: 2:23cv743, NOS: Other Statutory Actions - Other Suits, Categories: Government, Racketeering, Injunction
J. Greaves finds for the commissioner of internal revenue in this tax liability dispute because the taxpayers failed to "assign error" or demonstrate where the commissioner erred in determining the deficiency or attached penalties. Affirmed.
Court: U.S. Tax Court, Judge: Greaves, Filed On: September 11, 2023, Case #: 2023-28, Categories: Tax
J. Stoll finds that the patent trial and appeal board improperly ruled against Apple in claims concerning a digital camera zoom feature because the board departed from the law by adopting a construction not raised by any party to the action. Reversed.
Court: Federal Circuit, Judge: Stoll, Filed On: September 11, 2023, Case #: 2022-1350, Categories: Patent
J. Miller finds the trial court properly denied defendant's motion to suppress the results of a blood test following the accident that led to vehicular assault and DUI charges. The testimony of officers who arrived at the scene of the crime was sufficient to establish probable cause for a search warrant. Meanwhile, consecutive sentences were supported by the nature of the crime, which resulted in traumatic brain injuries to at least two passengers, and the trial court properly found a course of conduct based on the multiple charges of vehicular assault. Affirmed.
Court: Ohio Court Of Appeals, Judge: Miller, Filed On: September 11, 2023, Case #: 2023-Ohio-3207, Categories: Search, Dui, Vehicular Homicide
J. Breen affirms an order of the magistrate judge excluding the proposed expert opinion in this lawsuit alleging violations of an individual's constitutional rights against a correctional facility. The individual contends that the facility failed to protect him from assault "by other inmates, many of whom were gang members, during his incarceration." The magistrate judge found that the individual's proposed expert report does not include the methodology or principles used, however, and the individual fails to show that the magistrate judge's decision was clearly erroneous.
Court: USDC Western District of Tennessee , Judge: Breen, Filed On: September 11, 2023, Case #: 1:22cv2540, NOS: Other Civil Rights - Civil Rights, Categories: Civil Procedure, Civil Rights, Experts
J. Garcia grants the government's motion to dismiss, ruling the estate's failure to include the decedent's minor children and loss of consortium claims in its administrative notice form deprives this court of jurisdiction over those claims. Meanwhile, the government is entitled to summary judgment on the Federal Tort Claims Act negligence claim because the estate failed to effect service by the required deadline, which deprived the government of notice regarding the first complaint.
Court: USDC New Mexico, Judge: Garcia, Filed On: September 11, 2023, Case #: 1:21cv211, NOS: Other Personal Injury - Torts - Personal Injury, Categories: Civil Procedure, Government, Wrongful Death
J. Flanagan grants the University of North Carolina’s motion to dismiss allegations of negligence for not addressing sexual abuse claims brought by a former student and athlete. The alleged abuser was the sports medicine director at the school, and the student — along with others making similar claims — alleges that the director instructed the student to remove his compression shorts during an exam, then touched and massaged the student's genitals without his consent. In 2015 and 2016, other coaches had reported suspected sexual misconduct by the director, but no claims were ever confirmed. Despite the fact that the university moved the director to an administrative position a year after the reports, legally it did not have actual knowledge of the director’s behavior.
Court: USDC Eastern District of North Carolina, Judge: Flanagan, Filed On: September 11, 2023, Case #: 5:23cv216, NOS: Education - Civil Rights, Categories: Education, Tort, Negligence
J. Boatright upholds the court of appeals decision the post-conviction court properly refused to grant defendant relief after he pleaded guilty to menacing. So long as a criminal defendant's Alford plea is voluntary, knowing and intelligent, a trial court is not required to make a strong finding of actual evidence of guilt to accept the plea because making such a finding is merely one way, and not the only way, a court can determine whether a plea is legitimate and constitutional. Affirmed.
Court: Colorado Supreme Court, Judge: Boatright, Filed On: September 11, 2023, Case #: 2023 CO 46, Categories: Evidence, Plea, Menacing
J. Fitzwater grants, in part, the city officials' motion for a protective order and a company's motion to compel in the company's case challenging a city's land use decisions. The balance of factors weighs in favor of applying the legislative privilege to notes pertaining to a certain plat application and in association with related meetings, and the city fails to show the discovery the company seeks is improper.
Court: USDC Northern District of Texas , Judge: Fitzwater, Filed On: September 11, 2023, Case #: 3:22cv2154, NOS: All Other Real Property - Real Property, Categories: Civil Procedure, Zoning, Discovery
J. Stadtmueller in part orders the citizen and the police officers to meet and confer to reach consensus on disputed and undisputed facts and proposed jury instructions regarding the citizen's false arrest claim against the officers, which stems from her being charged with obstruction. The citizen's motion to withdraw a previous order is denied, but the order is modified slightly to allow both parties to file cross-motions for summary judgment and remove the requirement that they seek leave to file dispositive motions. Jointly proposed jury instructions and fact statements are due by October 2, 2023, and the parties are admonished that further refusal to cooperate honestly with each other may lead to sanctions against one or both attorneys.
Court: USDC Eastern District of Wisconsin, Judge: Stadtmueller, Filed On: September 11, 2023, Case #: 2:22cv783, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Police Misconduct
J. Fleming denies the car owners' motion for class certification, ruling typicality requirements are not met by the claims of those who bought allegedly defective vehicles because numerous individuals in the prospective class could have purchased cars after the expiration of their warranties, when the defective engines would not have been covered by General Motors.
Court: USDC Northern District of Ohio, Judge: Fleming, Filed On: September 11, 2023, Case #: 1:20cv2638, NOS: Contract Product Liability - Contract, Categories: Product Liability, Warranty, Class Action
J. Miller finds defendant's speedy trial rights were not violated by the delay between his arrest and trial on theft charges. Defense counsel requested a continuance during the Covid-19 pandemic and he was released from prison prior to his trial, which extended the speedy trial clock by more than 90 days. Meanwhile, defendant's maximum sentences were not contrary to law because the trial court made all required findings and the sentences were within the statutory range for his convictions. Affirmed.
Court: Ohio Court Of Appeals, Judge: Miller, Filed On: September 11, 2023, Case #: 2023-Ohio-3212, Categories: Sentencing, Theft, Speedy Trial
J. Meehan finds that the juvenile court erred in terminating a mother and father's parental rights to their three children after holding that the Indian Child Welfare Act does not apply. Because their children were taken into protective custody by warrant and then placed in the temporary custody of a county social worker, the juvenile court must comply with the Act's duty of initial inquiry and documentation provisions. Reversed.
Court: California Courts Of Appeal, Judge: Meehan, Filed On: September 11, 2023, Case #: F085850, Categories: Family Law
J. Albright denies Samsung's motion to transfer a case to the Northern District of California after it was sued for alleged infringement of a variety of patents on wireless devices and systems. There are more relevant witnesses located in Texas and Texas has a local interest in this litigation because the inventors of the asserted patents reside in Texas.
Court: USDC Western District of Texas , Judge: Albright, Filed On: September 11, 2023, Case #: 6:21cv701, NOS: Patent - Property Rights, Categories: Patent, Venue
J. Richardson finds the lower court properly held that money was not one of the benefits that the mother's son was due under the terms of the employer-based health benefits program. The son, suffering from a rare heart disease, was denied the money needed to try an experimental heart transplant and died before his appeal of the denial was processed. The Employee Retirement Income Security Act allows plaintiffs to seek reimbursement for money spent on procedures but does not authorize a plaintiff to seek the monetary cost of a benefit that was never provided. Affirmed in part.
Court: 4th Circuit, Judge: Richardson, Filed On: September 11, 2023, Case #: 21-2207, Categories: Employment, Erisa, Health Care
J. Tymkovich vacates a judgment that was issued in favor of a former employee for an oilfield company. The employee sued the company with claims that it wrongfully exempted him from overtime pay, and the lower court found in his favor and awarded him $40,000. However, the jury was improperly instructed to determine if his salary was exempt from regulations relating to the Fair Labor Standards Act, a question that should have been left for the court to decide. Because that question was improperly handed off to the jury, a new trial is needed. Vacated.
Court: 10th Circuit, Judge: Tymkovich, Filed On: September 11, 2023, Case #: 21-1231, Categories: Employment, Jury, Labor
Per curiam, the Fifth Circuit finds the district court properly granted summary judgment in favor of United Airlines in this personal injury suit. The airline passenger, travelling from Houston to San Francisco, claims that he suffered injuries when his wheelchair collided with a wall during the boarding process. Though a witness says that she saw a United employee push the passenger into the wall, the statement was untimely and properly disregarded. The passenger has failed to offer other evidence that his injury occurred in relation to any conduct by United. Affirmed.
Court: 5th Circuit, Judge: Per curiam, Filed On: September 11, 2023, Case #: 23-20017, Categories: Evidence, Tort, Negligence
J. Baltodano finds that the trial court properly denied a father custody or visitation based on credible evidence that he sexually abused his two-year-old daughters. He waived his right to an expert evaluation of the allegations when he stipulated it was unnecessary and he failed to show that he was prejudiced by the absence of an expert evaluation. A trial court making custody and visitation orders may consider any relevant, admissible evidence when deciding whether a parent has sexually abused a child, and witnesses including a doctor and a therapist testified to dozens of times when the girls behaved unusually for their age after visiting the father. Affirmed.
Court: California Courts Of Appeal, Judge: Baltodano, Filed On: September 11, 2023, Case #: B318718, Categories: Family Law