115 results for 'filedAt:"2023-09-12"'.
J. Hall denies, in part, the contractor's motion to dismiss counterclaims filed by the federal government, ruling that because the contractor had an independent duty to create a safe work environment for the workers killed by a steam system during repairs, the government can seek indemnification on the wrongful death claim filed by the estate.
Court: USDC Connecticut, Judge: Hall, Filed On: September 12, 2023, Case #: 3:22cv352, NOS: Other Personal Injury - Torts - Personal Injury, Categories: Government, Wrongful Death, Indemnification
J. Cullen dismisses the former student's Title IX violation claim. The student was accused of sexual assault, and the university found him guilty and suspended him for two years. Even if the student's allegations were sufficient to permit an inference that the university acted in a biased manner against him, he does not allege facts that suggest that any bias was attributable to his gender rather than other non-protected factors.
Court: USDC Western District of Virginia, Judge: Cullen, Filed On: September 12, 2023, Case #: 7:22cv28, NOS: Education - Civil Rights, Categories: Education, Negligence, Due Process
J. Pregerson grants the LA Times' and another news source's motions to intervene and unseal six video exhibits relating to use of force incidents in Los Angeles County Jail facilities that were filed as part of a "putative class action complaint alleging a pervasive pattern of excessive force being utilized against inmates in Los Angeles County jail facilities." The news sources' motions to intervene are timely.
Court: USDC Central District of California, Judge: Pregerson, Filed On: September 12, 2023, Case #: 2:12cv428, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights
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J. Pan vacates the Consumer Product Safety Commission's rule that prohibits corded window products. The commission did not provide the required notice and comment periods, improperly relied on certain information in its cost-benefit analysis and chose an arbitrary effective date. Vacated.
Court: DC Circuit, Judge: Pan, Filed On: September 12, 2023, Case #: 22-1300 , Categories: Administrative Law, Consumer Law
J. Dein denies some motions from both parties in an individual's lawsuit against three insurance companies for unfair insurance claim settlement practices. The individual's motions to strike certain factual allegations and part of two experts' reports is denied, but his motion to withdraw a report is allowed. The insurance companies' motions to strike the individual's memorandum is denied but their motion to strike his statement of undisputed facts and memorandum of law is partially allowed and their motion to include an appeals court decision regarding the individual's post-trial fraud is allowed.
Court: USDC Massachusetts, Judge: Dein, Filed On: September 12, 2023, Case #: 1:20cv10652, NOS: Insurance - Contract, Categories: Insurance, Experts, Discovery
[Consolidated] J. Arterburn finds that the county court sitting as juvenile court properly terminated the unmarried parents' rights to their minor children. The parents have failed to put themselves in a position to provide stability and consistency for their children. The children have spent considerable time in out-of-home placement, and, at the time of the termination hearing, neither parent was in a position to reunify. Affirmed.
Court: Nebraska Court Of Appeals, Judge: Arterburn , Filed On: September 12, 2023, Case #: A-22-741, Categories: Family Law
J. Cobbs finds that the lower court properly found the mother neglected her 16-year-old son. The mother was physically aggressive, failed to complete offered services, left him alone overnight on multiple occasions, and was verbally abusive to him due to the teen's sexual orientation. Affirmed.
Court: Illinois Appellate Court, Judge: Cobbs, Filed On: September 12, 2023, Case #: 230059, Categories: Family Law
J. Stearns partially grants a pharmacy's motion to dismiss a class action brought against it by customers relating to an alleged data breach that exposed their personally identifiable information, including their social security numbers and credit card information. The customers make a plausible negligence claim but fail to adequately substantiate that the pharmacy had a contractual obligation to more securely protect their data. Their unjust enrichment claim is also unsupported because they shouldn't expect that part of the cost of their pharmaceutical services was data security.
Court: USDC Massachusetts, Judge: Stearns, Filed On: September 12, 2023, Case #: 1:22cv10797, NOS: Other Statutory Actions - Other Suits, Categories: Health Care, Negligence, Privacy
Vice Chancellor Laster grants a company summary judgment concerning stock that grants ten votes per share to "principal stockholders" because "identity-based voting" does not prohibit creation of closed sets of holders who may exercise certain rights.
Court: Delaware Chancery Court, Judge: Laster, Filed On: September 12, 2023, Case #: 2022-0824-JTL, Categories: Securities
J. Wolohojian finds that the Massachusetts Housing Court properly credited an Alabama court's orders regarding the divorcing couple's marital property. The U.S. Constitution requires "full faith and credit" to be given in each state "to the public acts, records, and judicial proceedings of every other state," which means that "the Housing Court was required to give the Alabama final order the same finality that it would receive in Alabama." Affirmed.
Court: Massachusetts Court Of Appeals, Judge: Wolohojian, Filed On: September 12, 2023, Case #: 22-P-1082, Categories: Civil Procedure, Family Law, Property
Per curiam, the circuit denies the El Salvadoran nationals' application for asylum and withholding of removal based on their membership in the proposed particular social group of “Salvadoran business owners.” Such a group is not cognizable under the immigration laws, and petitioners failed to exhaust their remaining arguments before the Board of Immigration Appeals.
Court: 5th Circuit, Judge: Per curiam, Filed On: September 12, 2023, Case #: 22-60505, Categories: Immigration
J. Griffin finds the lower court properly applied the Noerr-Pennington immunity doctrine and dismissed the septic system manufacturer's antitrust complaint. Even if competitors and the certification body acted together to promote the interests of contained septic systems, the doctrine covers conduct ultimately aimed at influencing legislation. The manufacturer of the open-bottom septic system eventually withdrew its certification in fear of what state legislators might decide regarding the regulation of such systems and, therefore, its harm derived from those decisions, not the conduct of the competitors. Affirmed.
Court: 6th Circuit, Judge: Griffin, Filed On: September 12, 2023, Case #: 22-1947, Categories: Antitrust, Immunity
[Redacted.] J. Day allows a company to amend claims contending its natural quartz surface products do not infringe a competitor's patented technology. The company is attempting to "inject a significant swath of new issues" at the last minute of litigation without justifying its failure to do so at an earlier date, but the competitor has not contended that allowing the amendments would cause prejudice.
Court: USDC New Jersey, Judge: Day , Filed On: September 12, 2023, Case #: 3:21cv10092, NOS: Patent - Property Rights, Categories: Civil Procedure, Patent
J. Jabar finds that the lower court properly imposed consecutive license suspensions stemming from a traffic accident, in which a driver "became drowsy and crossed the double-yellow line, striking three pedestrians." The court did not err by considering the accident "as three separate violations of the statute permitting three separate penalties." Based on the language of the statute, and because the incident "resulted in the deaths of three people," the driver committed three separate civil violations. Affirmed.
Court: Maine Supreme Court, Judge: Jabar, Filed On: September 12, 2023, Case #: 2023ME63, Categories: Civil Procedure, Vehicle
J. Bress finds that the district court improperly dismissed a trademark declaratory judgment action brought by a plant-based meat substitute manufacturer against a competitor. Both companies use a similar all caps version of the word “IMPOSSIBLE” to market their products. The lower court had jurisdiction over a one-person company run by a self-described “digital nomad" because it previously operated out of California and built its brand and trademarks there. Reversed.
Court: 9th Circuit, Judge: Bress, Filed On: September 12, 2023, Case #: 21-16977, Categories: Trademark, Jurisdiction
J. Moore finds that the county court sitting as juvenile court properly determined that the father had failed to provide proper parental care and abandoned his child. The child was removed from her mother’s care due to drug use and the father did not receive legal notice of this. The father has since moved to Florida, and the child has never been placed with him. Although the evidence shows that the father has been a small part of his child's life, he has not provided the consistent care and support of a parent. Affirmed.
Court: Nebraska Court Of Appeals, Judge: Moore , Filed On: September 12, 2023, Case #: A-23-150, Categories: Family Law
J. Carney grants final approval of a settlement that will bring an end to a class action alleging that BMW’s defective cup holders damage the airbags in BMW’s vehicles, creating the risk of injury or death for consumers. Under the settlement, class members' vehicles will be repaired by a BMW center free of charge and class members who have incurred out-of-pocket costs on such repairs may receive reimbursement.
Court: USDC Central District of California, Judge: Carney, Filed On: September 12, 2023, Case #: 8:21cv2063, NOS: Other Contract - Contract, Categories: Settlements, Product Liability, Class Action
J. Marbley denies, in part, the hotels' motion to dismiss, ruling allegations in the complaint filed by the sex-trafficking victim are sufficient to confer direct liability on both the parent company and the franchisors. The complaint alleges the businesses worked together as part of a joint venture and were either aware or should have been aware of trafficking that occurred at their properties.
Court: USDC Southern District of Ohio, Judge: Marbley, Filed On: September 12, 2023, Case #: 2:22cv3202, NOS: Other Statutory Actions - Other Suits, Categories: Civil Procedure, Negligence
J. Hall dismisses a class action brought by a group of foster children who claim the New York State Office of Children and Family Services' foster care certification process violated their constitutional rights to due process when it denied their proposed caregivers' foster care certification due to prior criminal convictions. The children, many of whom still reside with their proposed caregivers, have each failed to articulate a prior or future injury and, thus, lack standing to assert their claims.
Court: USDC Eastern District of New York, Judge: Hall, Filed On: September 12, 2023, Case #: 1:21cv6229, NOS: Other Civil Rights - Civil Rights, Categories: Family Law, Due Process, Class Action
J. Hanen finds, in part, for a preacher who now seeks to pass out pamphlets and display signs on a busy street corner, after losing his legal battle to preach at the busy intersection. The preacher is entitled to an injunction preventing the enforcement of the county's restrictive policy, as he has shown an irreparable injury and the balance of hardships tips in his favor.
Court: USDC Southern District of Texas, Judge: Hanen, Filed On: September 12, 2023, Case #: 4:19cv4259, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Government, Injunction
J. Baker finds that evidence of a felony DUI defendant's ability to pay did not support the trial court's imposition of costs, surcharges and fees. After paying a mandatory $5,000 fine, the impoverished defendant's only assets are his modest mobile home and vehicle, which satisfy his basic needs and which he would have to sell to satisfy the sentence. Reversed.
Court: Montana Supreme Court, Judge: Baker, Filed On: September 12, 2023, Case #: DA 21-0647, Categories: Sentencing, Dui
J. Pirtle finds that the trial court improperly denied defendant's motion to withdraw his no contest plea for sexual assault and battery. Though defendant stated that he wished to go to trial if a no-contest plea would result in his having to register as a sex offender, the court interpreted the stipulation to be that a factual basis existed for nonconsensual sexual touch. Defendant alleged confusion about the nature of the intended plea, as the parties had crafted a plea where defendant was to plead no contest to assault and battery, and that “the factual basis would be stipulated to by both parties” so as to avoid sex offender registration. Defendant has carried his burden to prove a fair and just reason to withdraw his plea. Reversed.
Court: Nebraska Court Of Appeals, Judge: Pirtle , Filed On: September 12, 2023, Case #: A-22-762, Categories: Sex Offender, Assault, Plea