178 results for 'filedAt:"2023-10-25"'.
J. Pryor finds that the district court properly approved a settlement agreement in favor of the subscribers in a multi-district antitrust class action against the insurer and its member plans. The subscribers alleged that the insurer unfairly restricted the member plans' ability to compete. The district court correctly overruled objections raised by five objectors, including Home Depot, and did not abuse its discretion by approving a provision in the settlement releasing claims arising from the factual predicates of the subscriber action. The release is limited, does not affect public enforcement of antitrust laws and does not perpetuate clearly illegal conduct. The district court applied the correct scrutiny to the settlement allocation and did not abuse its discretion in approving a shorter damages period for self-funded claimants. Affirmed.
Court: 11th Circuit, Judge: Pryor, Filed On: October 25, 2023, Case #: 22-13051, Categories: Antitrust, Settlements
J. Newsom finds that the district court improperly ruled in favor of the school resource officer in a malicious prosecution action brought by the mother after the officer caused her to be arrested for child cruelty for failing to pick her 17-year-old son up promptly after school due to her work schedule. The mother spent four days in jail but the charges against her were eventually dismissed. The officer made material omissions in her affidavits in support of the charges, including omitting her knowledge that the son had chosen to stay at the school instead of transferring to another school with better transportation options. No reasonable officer could have believed that probable cause existed to arrest the mother for child cruelty, therefore the officer is not entitled to qualified immunity. Reversed.
Court: 11th Circuit, Judge: Newsom, Filed On: October 25, 2023, Case #: 22-11141, Categories: Malicious Prosecution, Immunity
J. Phillips finds that the lower court improperly found in favor of Johns Manville in an antitrust lawsuit accusing it of monopolizing the market for calcium silicate. A smaller rival company says that Johns Manville threatened to stop doing business with distributors if they bought calcium silicate from the rival. The smaller company has put forth expert testimony showing evidence of monopoly power, and the alleged threats to distributors clear the definition of exclusionary conduct. Reversed in part.
Court: 10th Circuit, Judge: Phillips, Filed On: October 25, 2023, Case #: 22-1164, Categories: Antitrust
J. Burke dismisses with prejudice an individual’s motions to proceed in forma pauperis for a breach of contract against a credit union. The individual states he is entitled to special treatment because he is a Moorish national, “[t]he law is clear that Moorish Americans, like all citizens of the United States, are subject to the laws of the jurisdiction in which they reside.” The claims are found to be frivolousness, he failed to state a claim, and the court lacks subject matter jurisdiction.
Court: USDC Northern District of Alabama , Judge: Burke, Filed On: October 25, 2023, Case #: 3:23cv1241, NOS: Other Contract - Contract, Categories: Jurisdiction, Contract
J. Raggi answers certified questions by finding that the district court improperly dismissed state defamation and tortious interference claims stemming from accusations of rape that defendant, a Yale University student, brought against plaintiff, a co-ed. Disciplinary proceedings held by the college were not quasi-judicial, and thus defendant did not have immunity concerning statements made therein. However, the lower court properly dismissed claims contending the initial report to campus officials interfered with plaintiff's contract to attend the school in light of his immediate suspension because that claim was untimely filed.
Court: 2nd Circuit, Judge: Raggi, Filed On: October 25, 2023, Case #: 21-95, Categories: Education, Defamation, Interference With Contract
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Per curiam, the appellate division finds that the lower court improperly granted the county's motion to dismiss a putative class action alleging that fees imposed by the county clerk for tax map verifications are illegal unauthorized taxes. While revisions to the tax code reference the county's authority to collect tax map verification fees, the revisions do not provide an express delegation of taxing authority, nor do they provide for a review mechanism as is constitutionally required. However, the court correctly denied the cause of action seeking a refund of fees already paid as there is no allegation the fees were made under a formal protest. Reversed in part.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: October 25, 2023, Case #: 05387, Categories: Municipal Law, Tax, Class Action
Per curiam, the appellate division finds that the lower court properly found the state's truck driver 100% at fault for the accident that caused plaintiff's injuries. The dump truck driver admitted to taking his eyes momentarily off the road and did not see when the car in front of him suddenly stopped due to a traffic condition. Affirmed.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: October 25, 2023, Case #: 05414, Categories: Tort, Vehicle
J. Jensen finds that the circuit court improperly granted a company's motion for summary judgment in a quiet title action. The matter is remanded and quiet title is granted in favor of the individual. Reversed.
Court: South Dakota Supreme Court, Judge: Jensen, Filed On: October 25, 2023, Case #: 2023SD55, Categories: Property
J. Thyer finds the circuit court improperly found that the entirety of the Roth IRA and the rollover IRA were marital property. Though the husband made contributions to the Roth IRA during the marriage, the Roth IRA and the rollover IRA were established before the marriage. All other aspects of the court’s property division are affirmed. Affirmed in part. Reversed and remanded in part.
Court: Arkansas Court Of Appeals, Judge: Thyer, Filed On: October 25, 2023, Case #: CV-22-646, Categories: Evidence, Family Law, Property
J. Hixson finds the trial court properly denied a law firm’s motion to amend the pleadings to conform to the truth in this suit brought on claims that the other firm breached a fee-sharing agreement. The motion to amend could have been requested at various points during the 13-year process of litigation. Though, being it is undisputed that an involved attorney was accommodated with an office at the law firm, instead of denying his unjust enrichment claim because of the finding that there was no enforceable contract, the court should have considered the evidence and decided on the basis of proper standards. Because the court of appeals reverses on direct appeal, it declines to address the other firm’s argument on cross appeal concerning the court’s denial of attorney fees. Affirmed in part on direct appeal. Reversed and remanded in part on direct appeal. Cross appeal dismissed.
Court: Arkansas Court Of Appeals, Judge: Hixson, Filed On: October 25, 2023, Case #: CV-20-213, Categories: Fiduciary Duty, Attorney Fees, Contract
J. Wood finds the circuit court properly found the dentist’s malicious prosecution and civil conspiracy claims brought against his patients, who say that the dentist sexually abused them while under anesthesia, are barred by collateral estoppel. The dentist did not establish the elements of malicious conduct and lack of probable cause necessary to prove his federal malicious prosecution claim, and that claim fails in state court. Because his federal conspiracy claim was predicated on malicious prosecution, the state claim for civil conspiracy fails. The court’s decision regarding a failure to properly serve is reversed. Affirmed in part. Reversed and remanded in part.
Court: Arkansas Court Of Appeals, Judge: Wood, Filed On: October 25, 2023, Case #: CV-20-366, Categories: Malicious Prosecution, Assault
J. Virden finds the trial court properly convicted defendant for possession of meth and drug paraphernalia. Defendant was stopped while driving due to the arresting officer’s previous knowledge of his license suspension. The officer observed a glass pipe with a crystalline substance in the vehicle. Upon a search, he found digital scales and a baggie of 6.8 grams of meth. Defendant says that the officer’s testimony regarding defendant’s surprised reaction to the officer's seeing the pipe was speculative and misleading because it implied defendant knew of the pipe despite the lack of any evidence. The argument is not preserved for review. All evidence supports conviction. Affirmed.
Court: Arkansas Court Of Appeals, Judge: Virden, Filed On: October 25, 2023, Case #: CR-23-141, Categories: Drug Offender, Evidence, Search
J. Wiseman finds the trial court improperly denied defendant’s petition for resentencing from his guilty plea conviction for attempted murder. The stated factual basis demonstrates that defendant stabbed the victim with the intent to kill during a gang-related fight, though defendant did not stipulate to the factual basis or otherwise admit the truth of the facts recited by the prosecution. The trial court improperly engaged in factfinding at the prima facie stage and erred in denying defendant’s petition without issuing an order to show cause and holding an evidentiary hearing. Reversed and remanded.
Court: California Courts Of Appeal, Judge: Wiseman, Filed On: October 25, 2023, Case #: C096982, Categories: Murder, Sentencing, Due Process
J. Sanchez finds the trial court properly denied the city’s anti-SLAPP motion in this suit brought by the provider of homeless services after its license was terminated due to safety concerns. The termination was not posted in an agenda at least 72 hours prior to the city council’s meeting, according to code. The city says that because the agenda described the meeting as discussing legal matters, the due process complaint arose out of protected activity. In fact, the complaint targeted the city’s failure to provide adequate notice of the confirmation of the license termination rather than anything said at the meeting. Affirmed.
Court: California Courts Of Appeal, Judge: Sanchez, Filed On: October 25, 2023, Case #: G061693, Categories: Anti-slapp, Municipal Law, Due Process
J. Stratton finds the trial court properly dismissed this wrongful death action against the city alleging that the parent’s son was shot and killed due to the city’s failure to install surveillance cameras in a park, creating a dangerous condition on public property. Allegations of “additional problematic criminal activity in [the] park” and “crime in [various] areas” are vague and not specific. The complaint alleges in conclusory fashion that circumstances “could have created a dangerous condition and a duty to warn.” Affirmed.
Court: California Courts Of Appeal, Judge: Stratton, Filed On: October 25, 2023, Case #: B324117, Categories: Negligence, Wrongful Death
J. Egerton finds the trial court properly awarded the former employee over $680,000 in attorney fees after applying a 0.4 negative multiplier to its $1,144,600 adjusted lodestar calculation “to account for ... counsel’s ... lack of civility throughout” the lawsuit. The record supports the court’s finding that counsel was repeatedly and intentionally uncivil to defense counsel and the court. Courts are within their discretion to apply positive or negative multipliers based on counsel’s behavior and skill. Affirmed.
Court: California Courts Of Appeal, Judge: Egerton, Filed On: October 25, 2023, Case #: B321566, Categories: Judiciary, Employment Discrimination, Attorney Fees
J. Gremillion finds that defendant was properly convicted and sentenced for murder and obstruction of justice for the shooting death of her estranged husband in a store parking lot during a child custody exchange. The surveillance video and other evidence was sufficient to show that defendant was not acting in self-defense when she shot the victim. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Gremillion, Filed On: October 25, 2023, Case #: KA-22-665, Categories: Murder, Sentencing, Self Defense
J. Thierry finds that the trial court improperly denied summary judgment to the insurance company in an auto accident case brought by a passenger of a vehicle involved in a high-speed chase with police. Coverage for the passenger was barred by a policy exclusion that applies to drivers "engaged in the commission of a crime." Reversed.
Court: Louisiana Court Of Appeal, Judge: Thierry, Filed On: October 25, 2023, Case #: CW-23-165, Categories: Insurance, Contract
J. Chen finds that the patent trial and appeal board properly ruled in claims concerning the patent for a "method for adaptive bitrate streaming of content on a playback device" because arguments Netflix raised on appeal had not been raised in the original proceedings.
Court: Federal Circuit, Judge: Chen, Filed On: October 25, 2023, Case #: 2022-1203, Categories: Patent
[Consolidated.] J. D’Alessandris finds that NASA failed to satisfy the minimum ordering requirements on this contract for launch services involving an incumbent contractor. The original contract was a firm-fixed-price contract, while the prior contract was cost-type. The amount of the task order was properly applied to the minimum ordering requirement the year of award, but the descoped amount was not deducted. The contractor, though, did agree to pricing in a bilateral modification, and has waived claims regarding pricing under a “downmode maintenance” provision of an existing line item. NASA’s requiring new line items was not improper. No contract violations, ambiguity or bad faith have been demonstrated.
Court: Armed Services Board Of Contract Appeals, Judge: D’Alessandris , Filed On: October 25, 2023, Case #: 62835, Categories: Government, Agency, Contract
J. Badding finds that a mother's parental rights were properly terminated since she had been involved in a drug-related assault with her boyfriend, a felony sex offender who maintained free access to her child. Affirmed.
Court: Iowa Court Of Appeals, Judge: Badding, Filed On: October 25, 2023, Case #: 23-1055, Categories: Family Law
J. Carney-Axon grants summary judgment as to all claims in favor of two manufacturing companies in a dispute arising after a fire that halted production of magnesium cross-car beams used by Mercedes-Benz. “Alabama law generally bars double recoveries, and, although a party is entitled to full compensation for his injuries, he can gain but one satisfaction.” Both companies have been compensated for the alleged damages but have not carried the burden of fully mitigated damages. The court denies Mercedes-Benz’s request for cost and attorney fees for failing to brief why they were entitled to these fees. The insurer’s motion for partial summary judgment is denied as moot for availability of a force majeure affirmative defense as to the two manufacturing companies. “An affirmative defense is relevant only if a party prevails on liability,” the court will enter judgment for all claims.
Court: USDC Northern District of Alabama , Judge: Carney-Axon, Filed On: October 25, 2023, Case #: 7:22cv257, NOS: Other Contract - Contract, Categories: Insurance, Contract, Attorney Discipline
J. Scott finds that defendant was properly sentenced based on his guilty plea to felony eluding in light of the fact that defendant had been convicted of the same crime a year before. Affirmed.
Court: Iowa Court Of Appeals, Judge: Scott, Filed On: October 25, 2023, Case #: 23-0004, Categories: Sentencing
J. Rose finds that the family court improperly terminated an incarcerated father's parental rights for violent assaults he committed against his son and placed the children with maternal grandparents in Dubai without the father's consent based on the wrongful conclusion that no alternatives existed. Reversed in part.
Court: New Jersey Appellate Division, Judge: Rose, Filed On: October 25, 2023, Case #: A-1540-21, Categories: Family Law
J. Ahlers finds that a grandmother's will was properly upheld against the objections of her grandson because she was of sound capacity when she altered her will to leave the entirety of her property to St. Jude Children's Hospital rather than her family. Affirmed.
Court: Iowa Court Of Appeals, Judge: Ahlers, Filed On: October 25, 2023, Case #: 22-1730, Categories: Wills / Probate
J. Saylor certifies for interlocutory appeal the court’s conclusion that, if a Medicare reimbursement claim includes items or services stemming from an Anti-Kickback Statute violation, the claim must also be shown to constitute a false claim under the False Claims Act. Two different judges reached different conclusions on that issue in separate cases.
Court: USDC Massachusetts, Judge: Saylor, Filed On: October 25, 2023, Case #: 1:20cv11217, NOS: False Claims Act - Torts - Personal Injury, Categories: Fraud, Medicare, False Claims
J. Niemeyer finds the lower court properly granted the government's motion to dismiss. The wife of a nuclear engineer who smuggled classified data related to nuclear submarines to sell to foreign nations sought to be resentenced, claiming she was not properly informed before agreeing to a plea agreement. She voluntarily and intelligently waived all rights to appeal and has failed to make a sufficient showing to avoid the terms of her plea agreement. Affirmed.
Court: 4th Circuit, Judge: Niemeyer, Filed On: October 25, 2023, Case #: 22-4689, Categories: Sentencing, Plea, Espionage