120 results for 'filedAt:"2023-10-05"'.
J. Bryson rules on the viability of two patents related to restricting access to files contained within computer data storage mediums because using "trap layers" to block requests from reaching storage devices constitutes an improvement in computer technology as claimed in the '243 patent. However, the '864 patent does not contain that specificity.
Court: USDC Delaware, Judge: Bryson, Filed On: October 5, 2023, Case #: 1:18cv160, NOS: Patent - Property Rights, Categories: Patent
J. Silva denies State Farm’s motion for partial summary judgment in this bad-faith insurance lawsuit arising from its denial of the party’s claim for hearing loss caused by airbag deployment in an auto accident. The injured party has set forth specific facts showing that there is a genuine issue for trial because, while State Farm argues that there was a reason for limiting underinsured motorist coverage, it remains unclear whether the dispute for limiting the coverage was genuine. The injured party’s cited evidence sufficiently casts doubt on whether State Farm allegedly violated its own policies when valuing the claim.
Court: USDC Nevada, Judge: Silva , Filed On: October 5, 2023, Case #: 2:21cv486, NOS: Insurance - Contract, Categories: Evidence, Insurance, Vehicle
J. Garrett finds the juvenile court properly imposed a new period of commitment to run consecutively to the period of commitment that a youth had not yet completed. “The legislature did not intend to prevent juvenile courts from imposing consecutive periods of commitment in circumstances like those here, where a youth was adjudicated for conduct that occurred while he was already in OYA custody.” Affirmed.
Court: Oregon Supreme Court, Judge: Garrett, Filed On: October 5, 2023, Case #: S069640, Categories: Juvenile Law
J. Pryor finds that the district court improperly ruled in favor of the food company on one of the railroad company's breach of contract claims and correctly dismissed another of the breach of contract claims. The district court incorrectly found that the parties' agreement with respect to a sidetrack connecting a rail line with a cereal plant required the food company to indemnify the railroad company if the railroad company was solely negligent. The railroad company sought indemnifcation for a $16 million settlement awarded to the food company's employee in an underlying negligence action arising from injuries he suffered while working on the sidetrack. The food company does not have to indemnify unless it was at least partially liable for the employee's accident. The doctrine of vouchment does not block the railroad company from introducing evidence of the food company's fault. Reversed in part.
Court: 11th Circuit, Judge: Pryor, Filed On: October 5, 2023, Case #: 22-10922, Categories: Indemnification, Contract
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J. Copenhaver grants the law firm's motion for summary judgment in the medical supply company's breach of contract suit against it and their client - a medical products distributor - for unauthorized disbursement of the lion's share of a $364,000 cashier's check that was to be held in escrow for payment of personal protective equipment. There is no genuine issue of material fact that the contract was between the company and the distributor, and the law firm was only acting as the distributor's agent.
Court: USDC Southern District of West Virginia, Judge: Copenhaver, Filed On: October 5, 2023, Case #: 2:21cv400, NOS: Other Contract - Contract, Categories: Business Practices, Covid-19, Contract
J. Daniel partial grants a candy company’s motion to dismiss a former gay, Black office employee’s hostile work environment and failure to hire claims. The former employee claims he was forced to use his personal phone for work without reimbursement, while non-Black employees were reimbursed, was passed over for promotion, and was also targeted for harassment by his coworkers on the basis of his race and sexual orientation. The court finds the former employee has not sufficiently pleaded his failure to hire claim, but allows the hostile work environment claim to mover forward.
Court: USDC Northern District of Illinois, Judge: Daniel, Filed On: October 5, 2023, Case #: 1:22cv4875, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Employment Discrimination, Employment Retaliation
J. Coleman partially grants the sued HVAC manufacturer’s motion to dismiss numerous contract dispute claims brought by a mechanical contractor. The mechanical contractor accuses the manufacturer of supplying it with defective HVAC units, and then falsely blaming it for the resulting delay to the parties’ client. The court dismisses the contractor’s estoppel and breach of warranty claims, but allows the defamation and contract claims to move forward.
Court: USDC Northern District of Illinois, Judge: Coleman, Filed On: October 5, 2023, Case #: 1:22cv6421, NOS: Other Contract - Contract, Categories: Defamation, Warranty, Contract
J. Beatty rules a former employee may pursue ADA claims against an electrical contractor, but not an energy company worksite contractor. The former employee, a disabled veteran who suffers from PTSD, sufficiently showed in court that the electrical contractor send a company wide email with a "middle finger emoji" to employees accusing him of defamation.
Court: USDC Southern District of Illinois, Judge: Beatty, Filed On: October 5, 2023, Case #: 3:19cv1185, NOS: Amer w/Disabilities-Employment - Civil Rights, Categories: Ada / Rehabilitation Act, Employment, Employment Retaliation
J. Hassan finds that the trial court properly ruled in favor of the couple who sued a Korean language newspaper for defamation. The defamation claims were not barred by the statute of limitations, and the evidence was sufficient to support the jury's verdict. Affirmed in part.
Court: Texas Courts of Appeals, Judge: Hassan, Filed On: October 5, 2023, Case #: 14-21-00636-CV, Categories: Anti-slapp, Defamation
J. Miller vacates defendant's convictions on charges of aggravated rape and video voyeurism and grants a new trial due to the trial court's erroneous exclusion and admittance of certain evidence. The case stems from the alleged rape of a victim allegedly perpetrated by defendant and the former Livingston Parish Sheriff's Deputy Dennis Perkins, who at the time was married to the victim. The victim claims she would have never consented to a threesome involving defendant, but there was evidence contradicting this where the victim "admitted to having group sex on video on more than one occasion." Vacated.
Court: Louisiana Court Of Appeal, Judge: Miller, Filed On: October 5, 2023, Case #: 2022KA1110, Categories: Evidence, Assault, Due Process
J. Washington suspends George A. Teitelbaum for 30 days in favor of one year of unsupervised probation with conditions. The sanction is appropriate in this negotiated discipline case, in which the Office of Disciplinary Counsel found Teitelbaum's misconduct did not include clear, convincing evidence he committed misappropriation.
Court: DC Court of Appeals, Judge: Washington, Filed On: October 5, 2023, Case #: 22-BG-0906 , Categories: Attorney Discipline
J. Pohlman upholds the convictions of a man who drunkenly and angrily raped his girlfriend after choking her to unconsciousness in front of their two-year-old daughter. There was no abuse of discretion from the trial court when it withheld video of defendant’s police interview and denied his motions for mistrial and new trial. Neither was his counsel’s assistance ineffective to the extent that it prejudiced him. Affirmed.
Court: Utah Supreme Court, Judge: Pohlman, Filed On: October 5, 2023, Case #: 2023 UT 22, Categories: Evidence, Sex Offender, Assault
J. Lynch finds that the lower court properly convicted defendant based on his guilty plea to weapon possession, reckless endangerment and resisting arrest. Defendant contends the sentence was harsh, but the aggregate term and post-release supervision fell within the negotiated range and defendant avoided a potential 15-year sentence on the top counts. Furthermore, the seriousness of his actions in firing a gun in the direction of a street crowd had potentially lethal consequences. Affirmed.
Court: New York Appellate Divisions, Judge: Lynch, Filed On: October 5, 2023, Case #: 110933, Categories: Sentencing, Weapons, Plea
J. Ceresia finds that a police officer was properly denied accidental disability retirement benefits in claims contending on-the-job injuries left her permanently incapacitated because slip-and-fall incidents did not constitute "accidents" within the meaning of retirement and social security law. Affirmed.
Court: New York Appellate Divisions, Judge: Ceresia, Filed On: October 5, 2023, Case #: 535215, Categories: Social Security, Tort
J. Wright finds the trial court properly dismissed the father’s child custody claims in this divorce proceeding, denying his motion to reinstate the suit. The couple was married in Japan, where the children were born. The family moved to California, where the couple separated; then the husband moved to Texas before the wife filed for divorce. The husband provided no evidence of how long he had possession of information written in Japanese and did not provide evidence that he could not translate the Japanese information himself, or through an interpreter (or “Google Translate”) at least 45 days prior to trial. The court properly made implied findings that the father’s failures were “intentional or due to conscious indifference.” Affirmed.
Court: Texas Courts of Appeals, Judge: Wright, Filed On: October 5, 2023, Case #: 09-22-00101-CV, Categories: Evidence, Family Law, Guardianship
J. Reynolds Fitzgerald finds that the lower court properly convicted defendant based on his guilty plea to attempted burglary. Defendant challenges the voluntariness of his plea, but he did not make statements casting doubt on his guilt during the plea colloquy or sentencing. Affirmed.
Court: New York Appellate Divisions, Judge: Reynolds Fitzgerald, Filed On: October 5, 2023, Case #: 113579, Categories: Burglary, Plea
J. Joseph denies remand to an offshore anchor handler suing his maritime employer for a work-related accident. Because he is not qualified as a seaman under the Jones Act, he may not return his personal injury suit to state court. Generally, Jones Act cases filed in state court may not be removed to federal jurisdiction. The ruling adopts the recommendations of a magistrate judge’s report.
Court: USDC Western District of Louisiana , Judge: Joseph, Filed On: October 5, 2023, Case #: 6:23cv649, NOS: Marine - Contract, Categories: Employment, Tort, Jurisdiction
Per curiam, the Fifth Circuit finds the district court properly granted summary judgment in favor of the city in this racial discrimination suit brought by the white animal control officer who was not promoted to manager. A three-member committee assigned scores to each candidate using a set of 15 standard interview questions, hiring a Black external candidate with over eight years of experience. The white officer proffers no competent summary judgment evidence and does not establish that the city’s reasons for hiring the more experienced candidate were pretextual. Affirmed.
Court: 5th Circuit, Judge: Per curiam, Filed On: October 5, 2023, Case #: 23-40116, Categories: Civil Rights, Municipal Law, Employment Discrimination
Per curiam, the appellate division finds that attorney Margub Kabir may be reinstated following his May 2019 suspension for failing to meet attorney registration requirements because Kabir complied with the suspension order and demonstrated the requisite character to practice law.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: October 5, 2023, Case #: PM-234-23, Categories: Attorney Discipline
J. Siddoway finds that the lower court improperly held that an arbitration agreement does not apply to an employment matter between a beauty company and a class of its independent contractors working as distributors. While there is a matter of enforceability regarding the forum selection clause of the agreement that requires further proceedings, the arbitration agreement is not too narrow to encompass the claims and can apply to the case. Reversed.
Court: Washington Court Of Appeals, Judge: Siddoway, Filed On: October 5, 2023, Case #: 38842-5-III, Categories: Arbitration, Employment
Per curiam, the Fifth Circuit finds the district court properly granted summary judgment in favor of BP in this toxic tort case arising from the charter captain’s exposure to crude oil and dispersants while assisting with cleanup of the Deepwater Horizon oil spill. The court properly granted BP’s motion to exclude expert medical opinions finding that the experts failed to establish general causation between the captain’s exposure to the chemicals and his progressive loss of eyesight. Affirmed.
Court: 5th Circuit, Judge: Per curiam, Filed On: October 5, 2023, Case #: 22-30779, Categories: Environment, Maritime, Tort