83 results for 'filedAt:"2023-10-16"'.
J. Mahan grants the brothel’s motion for summary judgment in this putative class action arising from alleged failure to pay overtime, wait time penalties, unpaid breaks, hostile work environment, discrimination, constructive discharge and interference with contracts. The brothel has provided evidence that the employees’ profit depended on their managerial skills, including while working for other brothels. They negotiated their own prices, could promote online and book more clients, work more hours and earn more profit by their own efforts.
Court: USDC Nevada, Judge: Mahan, Filed On: October 16, 2023, Case #: 2:19cv1690, NOS: Other Civil Rights - Civil Rights, Categories: Employment, Employment Discrimination, Contract
J. Huff denies a pharmaceutical company's motion to dismiss strict liability claims brought by two consumers who allege they have suffered "neuropsychiatric injuries" after ingesting Singulair, a drug prescribed for the treatment of asthma and allergic rhinitis. Although the consumer was prescribed the drug outside of California, he is a California resident, took the drug in California, and was treated for his alleged injuries in California. Furthermore, the consumer has alleged that the company engaged in direct-to-consumer advertising of Singulair in California, so he has sufficiently established jurisdiction.
Court: USDC Southern District of California, Judge: Huff, Filed On: October 16, 2023, Case #: 3:22cv522, NOS: Personal Injury - Product Liability - Torts - Personal Injury, Categories: Negligence, Product Liability, Jurisdiction
Per curiam, the Fifth Circuit finds the Board of Immigration Appeals properly affirmed the immigration judge’s denial of asylum and withholding of removal and Convention Against Torture protection for a Guatemalan citizen. The lack of a date and time on the immigrant’s notice to appear does not divest the immigration court of jurisdiction, and threats the immigrant received from her brother’s ex-girlfriend in Guatemala do not rise to the level of persecution. Personal motives in these threats create no nexus between the alleged persecution and a protected ground. The petition for review is denied.
Court: 5th Circuit, Judge: Per curiam, Filed On: October 16, 2023, Case #: 23-60149, Categories: Immigration, Jurisdiction
Per curiam, the Fifth Circuit finds the district court properly found in favor of Allstate for rescinding the life insurance policy after finding medical records in which the deceased had disclosed that he was a smoker. The evidence supports that the deceased originally made a false representation as to his being a smoker. Affirmed.
Court: 5th Circuit, Judge: Per curiam, Filed On: October 16, 2023, Case #: 23-10267, Categories: Insurance, False Claims, Contract
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[Consolidated.] J. Stark finds that the trial court improperly ruled in patent claims concerning dual-aperture camera systems because issues of overall obviousness remain in dispute.
Court: Federal Circuit, Judge: Stark, Filed On: October 16, 2023, Case #: 2022-1340, Categories: Patent
J. Stoll finds that the district court should have granted a company's motion to exclude an expert witness in patent claims concerning a method for manufacturing molded chokes. Reversed in part.
Court: Federal Circuit, Judge: Stoll, Filed On: October 16, 2023, Case #: 2022-1873, Categories: Patent, Experts
J. Herman finds that the trial court should not have denied a property owner's motion to dismiss based upon abandonment related to a neighboring property owner's claims over damage due to construction work being performed. In this case, the last step taken by the property owner was on June 26, 2019, and the neighboring property owner took no step in the prosecution or defense of the case within three years of the filing of a motion for voluntary dismissal. Reversed.
Court: Louisiana Court Of Appeal, Judge: Herman, Filed On: October 16, 2023, Case #: 2023-C-0579, Categories: Civil Procedure, Property
J. Hutchison reverses the lower court's order denying the inmate's writ of mandamus compelling the commissioner of the West Virginia Division of Corrections and Rehabilitation to adopt a policy awarding good time to inmates who perform extra assigned duties during emergencies and complete an approved academic or vocational program not part of their individualized re-entry program. The inclusion of "shall" in the final sentence of the statute at the center of the writ imposes a mandatory, non-discretionary duty on the commissioner to adopt the policy. Reversed.
Court: West Virginia Supreme Court Of Appeals, Judge: Hutchison, Filed On: October 16, 2023, Case #: 22-0109, Categories: Government, Remedies, Prisoners' Rights
J. Boulware-Eurie finds that a citation for a workplace safety violation was not supported by sufficient evidence that workers were exposed to the fungus that causes Valley Fever. However, the employer violated regulations by requiring workers to wear masks without evaluating their fitness to wear them. Reversed in part.
Court: California Courts Of Appeal, Judge: Boulware Eurie, Filed On: October 16, 2023, Case #: C096704, Categories: Administrative Law
J. Wilkin finds the lower court properly relied on a psychological evaluation to terminate the mother's parental rights. Such evidence is admissible and pertinent to a court's decision in custody cases and there was also other, credible evidence to support the removal of the children from their mother. Meanwhile, the various developmental concerns with the children, including one who wore diapers to school and was not potty-trained and another who could not walk or eat solid foods at 18 months, were sufficient for the court to conclude they could not be returned to the mother's custody in a reasonable time and supported its decision to grant permanent custody to family services. Affirmed.
Court: Ohio Court Of Appeals, Judge: Wilkin, Filed On: October 16, 2023, Case #: 2023-Ohio-4118, Categories: Evidence, Family Law
J. Harjani grants an employer’s motion to compel complete discovery of the former employee’s job search and mitigation efforts for his monetary damage claims. The employee failed to produce actual evidence of his efforts and shall follow up and produce the information by Nov. 6, 2023. The employee’s cross motion to compel is granted in part as to route schedules and similar complaints of other employees. The employer must comply with this ruling by Nov. 6, 2023. An agreed confidentiality order must be proposed by Oct. 23.
Court: USDC Northern District of Illinois, Judge: Harjani, Filed On: October 16, 2023, Case #: 1:21cv6277, NOS: Employment - Civil Rights, Categories: Employment, Damages, Discovery
J. Bryson declines to dismiss contract claims concerning an asset sale but vacates a prior ruling on the counterclaim by finding that indemnification for litigation fees and expenses is not time-barred under the purchase agreement. This aligns with the seller's argument that settlement proceeds constitute "insurance proceeds" under the agreement, a critical question that must be decided at trial.
Court: USDC Delaware, Judge: Bryson, Filed On: October 16, 2023, Case #: 1:21cv679, NOS: Other Contract - Contract, Categories: Indemnification, Attorney Fees, Contract
J. Bunn vacates the portion of the lower court's order sentencing defendant to a term of one to three years' incarceration for possession of pseudoephedrine in an altered state as part of a conditional plea agreement. The evidence provided by the prosecution failed to not only show the accused's intent to possess pseudoephedrine in an altered state, but also any acts toward committing the crime. Vacated.
Court: West Virginia Supreme Court Of Appeals, Judge: Bunn, Filed On: October 16, 2023, Case #: 22-0023, Categories: Drug Offender, Sentencing
J. Armstrong finds the lower court properly awarded a homeowner damages in this case concerning defective flooring. Though both parties agree repairs are in order, the builder disagrees with the estimated costs and associated award. The instant court finds that the lower court properly weighed expert testimony from both sides and determined the awarded amount. Affirmed.
Court: Tennessee Court of Appeals, Judge: Armstrong, Filed On: October 16, 2023, Case #: M2022-01531-COA-R3-CV, Categories: Construction, Damages, Negligence
J. Brennan finds that the lower court properly convicted defendant of conspiracy with intent to distribute meth. Defendant claims that screenshots of a text message conversation between him and another person should not have been admitted because the conversation was hearsay. However, there was considerable other evidence against him, so any error in admitting the texts was harmless. Affirmed.
Court: 7th Circuit, Judge: Brennan, Filed On: October 16, 2023, Case #: 22-3219, Categories: Drug Offender, Evidence, Technology
J. Gilbert finds that the trial court should have allowed a tenant's expert to testify about whether she was harmed by exposure to toxic mold in her apartment. He was board-certified in allergies and immunology and supported his theory with a differential diagnosis of her illness, knowledge that her home was contaminated, a consideration of the timing of the onset of symptoms and an elimination of other potential causes. Reversed.
Court: California Courts Of Appeal, Judge: Gilbert, Filed On: October 16, 2023, Case #: B321616, Categories: Landlord Tenant, Negligence, Experts
J. Baker grants the CEO's and the company's motions to dismiss patent infringement and fraud claims asserted against them by the counterclaiming competitors to the extent that the claims seek to hold them liable for the manufacturer's patent infringement or fraud based on an alter ego theory. The competitors claim that the manufacturer, company and CEO manufactured and sold desk converters that infringed on three patents. The competitors failed to plausibly allege that the CEO is the company's alter ego and failed to put forth facts to support piercing the corporate veil. The company's motion to dismiss is denied as to the infringement and fraud claims seeking to hold it individually liable.
Court: USDC Southern District of Georgia, Judge: Baker, Filed On: October 16, 2023, Case #: 4:21cv368, NOS: Patent - Property Rights, Categories: Fraud, Patent
J. Benavides conditionally grants the relators' petition for a writ of mandamus, in which they challenge the second death penalty sanctions issued against them in the underlying personal injury case. The court previously granted mandamus relief regarding the first sanction order. It now notes that the "second death penalty sanction fails to comport with our directives and is not supported by the governing law."
Court: Texas Courts of Appeals, Judge: Benavides, Filed On: October 16, 2023, Case #: 13-22-00389-CV, Categories: Civil Procedure, Sanctions
J. Hart finds that while the county has a legally protected interest in oil and gas wells in its boundaries, the lower court properly dismissed its claims against the Department of Public Health. The increase in inspections to prevent leaks and reduce emissions does not constitute a concrete injury and, therefore, the county lacks standing to bring its claims. Affirmed.
Court: Colorado Supreme Court, Judge: Hart, Filed On: October 16, 2023, Case #: 2023CO54, Categories: Civil Procedure, Environment, Jurisdiction
Vice Chancellor Will denies summary judgment to a controlling shareholder who tried to unilaterally remove a board member without the approval of another controlling shareholder because both shareholders owned equal shares and co-managed the controlling partnership.
Court: Delaware Chancery Court, Judge: Will, Filed On: October 16, 2023, Case #: 2023-0805-LWW, Categories: Partnerships
J. Palafox finds a lower court ruled correctly in issuing a final divorce decree after the ex-wife appealed, arguing the court had erred in property and custody determinations and that she had been denied “her due process right to a full and fair hearing,” but the ex-wife has tried to present evidence that was not part of the original case record and the court was reasonable in issuing some of its disputed rulings, including on child custody in which the court was guided by precedential factors.
Court: Texas Courts of Appeals, Judge: Palafox, Filed On: October 16, 2023, Case #: 08-23-00042-CV, Categories: Family Law, Due Process, Guardianship
J. Hiraoka finds the circuit court improperly dismissed one of defendant’s claims for wrongful conviction and imprisonment, as he had previously successfully appealed two sexual assault indictments due to a procedural error. Defendant was essentially deemed “actually innocent” of an assault against his wife and is therefore able to pursue his claims. For a separate assault, a trial court dismissed the indictment but not the conviction, barring him from his claims for this case. Vacated in part.
Court: Hawai'i Court Of Appeals, Judge: Hiraoka, Filed On: October 16, 2023, Case #: CAAP-21-531, Categories: Sentencing, Sex Offender, Due Process
J. Pepper denies the archdiocese's motion to dismiss a lawsuit from a former employee claiming she was fired after complaining about sexual harassment she faced at work, including her supervisor cornering her in her cubicle, putting his hand downs in pants and touching himself in front of her. The archdiocese's argument that the employee's complaint should be dismissed because it is time-barred fails, as she has adequately shown she filed her lawsuit within 90 days of receiving her right to sue letter as required by federal rules.
Court: USDC Eastern District of Wisconsin, Judge: Pepper, Filed On: October 16, 2023, Case #: 2:22cv1084, NOS: Employment - Civil Rights, Categories: Civil Rights, Employment Discrimination
J. Alvord finds the trial court did not violate the mother's due process rights when it denied her motion for a continuance. Not only had she missed several hearings prior to the custody trial for alleged illnesses, but her attorney was present throughout the trial and was able to cross-examine the Department of Family Services, which provided the mother with a full and fair hearing. Affirmed.
Court: Connecticut Court Of Appeals, Judge: Alvord, Filed On: October 16, 2023, Case #: AC46336, Categories: Family Law, Due Process