141 results for 'filedAt:"2023-11-28"'.
J. Stadtmueller finds that the glass pipe company has adequately proven the smoke shop infringed its trademarks by selling counterfeit versions of its glass pipe accessory products and, since the shop has failed to appear to defend itself, grants the company's motion for default judgment. The company is awarded $75,000 in damages for infringement of its three marks, plus $931 in costs, and the case is dismissed.
Court: USDC Eastern District of Wisconsin, Judge: Stadtmueller, Filed On: November 28, 2023, Case #: 2:23cv750, NOS: Trademark - Property Rights, Categories: Trademark, Damages
J. Eddins finds the appeals court improperly decided that a defense attorney did not have authority to represent a driver accused of causing a car crash fatal to his passenger. The attorney should not have been disqualified from representing the driver, as defense was originally in place before a jury trial that ended in favor of the passenger’s family without participation by the driver, who had disappeared, or his defense, who had withdrawn due to inconsistencies over if the driver’s insurance had a duty to defend. The defense attorney was implicitly authorized to act on the missing driver’s behalf and had a duty to do so. Vacated.
Court: Hawai'i Supreme Court, Judge: Eddins, Filed On: November 28, 2023, Case #: SCWC-17-666, Categories: Insurance, Wrongful Death, Attorney Discipline
J. Shea finds that the district court properly held that a prescriptive easement was established to a ranch road for agricultural, recreational and residential purposes. But the lack of open and notorious use barred the establishment of a prescriptive easement for the use a second ranch road. Reversed in part.
Court: Montana Supreme Court, Judge: Shea, Filed On: November 28, 2023, Case #: DA 21-0360, Categories: Property
Per curiam, the Supreme Court of Ohio finds the lower court properly dismissed the inmate's habeas corpus petition. The trial court's failure to journalize his first resentencing hearing allowed it to maintain jurisdiction over the second resentencing hearing and, therefore, his sentence was lawful and not void. Affirmed.
Court: Ohio Supreme Court, Judge: Per curiam, Filed On: November 28, 2023, Case #: 2023-Ohio-4189, Categories: Habeas, Sentencing, Jurisdiction
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J. Jackson denies summary judgment to a Louisiana state trooper on her argument that a fleeing car passenger cannot produce sufficient evidence to support his claim she violated his constitutional rights when she shot him in the back during a traffic stop, leaving him paralyzed from the waist down. Having reviewed a security video in real time, a reasonable jury could find that the trooper’s conduct violated a constitutional right.
Court: USDC Middle District of Louisiana, Judge: Jackson, Filed On: November 28, 2023, Case #: 3:19cv391, NOS: Other Civil Rights - Civil Rights, Categories: Constitution, Evidence, Police Misconduct
J. Balmer finds the trial court erred in a judgment involving the parentage of a child conceived through assisted reproductive technology (ART). While the egg donor’s connection to the child does not establish legal parentage, the donor “may have contracted with [the father] for certain non-parental rights.” Reversed.
Court: Oregon Supreme Court, Judge: Balmer, Filed On: November 28, 2023, Case #: S068780, Categories: Family Law
J. Brann finds for the department of corrections since evidence does not support gender discrimination claims contending a corrections officer was fired for reporting that a sergeant called her a "bedazzled twat," a slang word used at the correction institute to accuse female officers of sleeping with management for workplace perks, because the record indicates the officer chose to quit rather than wait for her transfer request to be honored.
Court: USDC Middle District of Pennsylvania, Judge: Brann, Filed On: November 28, 2023, Case #: 4:21cv68, NOS: Employment - Civil Rights, Categories: Civil Rights, Employment, Employment Discrimination
J. Larimer rules in part for the city in claims contending police falsely arrested plaintiff after he fled from an officer during a traffic stop in which a handgun was found in his car. Whether the stop was supported by probable cause remains unclear since body camera footage did not indicate the vehicle had been drifting out of its lane without signaling. However, whether the arresting officer or another officer found the gun in the vehicle does not matter, and plaintiff failed to state a proper conspiracy claim.
Court: USDC Western District of New York, Judge: Larimer , Filed On: November 28, 2023, Case #: 6:21cv6683, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights
J. Stadtmueller finds the glass pipe company's trademark infringement lawsuit alleging the smoke shop sold counterfeit versions of its glass pipe accessory products is supported by adequate evidence, and because the shop has not appeared to defend itself in the lawsuit, the company's motion for default judgment is granted. The company is awarded $75,000 in damages for infringement of the three disputed marks, plus $862 in costs, a permanent injunction is entered banning the smoke shop from its infringing activities, and the case is dismissed.
Court: USDC Eastern District of Wisconsin, Judge: Stadtmueller, Filed On: November 28, 2023, Case #: 2:23cv697, NOS: Trademark - Property Rights, Categories: Trademark, Damages
J. Wilkinson finds the lower court properly dismissed the drug dealer's motion for resentencing. The lower court erroneously included special conditions of supervised release that had not been pronounced as part of the dealer's oral sentence. Still, the dealer failed to appeal within the time limit. Affirmed.
Court: 4th Circuit, Judge: Wilkinson, Filed On: November 28, 2023, Case #: 22-4166, Categories: Fair Trial, Sentencing
J. Thrash grants the game operators' motion to compel arbitration in a putative class action brought by the player alleging that virtual casino-themed games violate Georgia laws against casino gambling. The player seeks a refund of the purchases he made playing the games. The player agreed to the terms of the arbitration agreement when he created an account to play the games through online platforms. The arbitration provision is not unenforceable as against public policy and there are no legal restraints that otherwise foreclose arbitration.
Court: USDC Northern District of Georgia, Judge: Thrash, Filed On: November 28, 2023, Case #: 1:23cv3226, NOS: Other Statutory Actions - Other Suits, Categories: Arbitration, Class Action
J. Vascura denies, in part, the power supply manufacturer's motion for judgment on the pleadings on a fraud claim related to defective batteries. The stark difference between the condition of the batteries, including bulging cases and visible cracks, and the fully operational status reported by the manufacturer's inspectors just weeks before the failure is sufficient to allow the claim to proceed.
Court: USDC Southern District of Ohio, Judge: Vascura, Filed On: November 28, 2023, Case #: 2:23cv1398, NOS: Torts to Land - Real Property, Categories: Fraud, Insurance, Negligence
J. Torres finds the lower court properly convicted defendant of a manslaughter shooting. The jury was not tainted by introduction of evidence indicating the victim’s use of the castle doctrine; their instruction deliberately avoided mention and evidence of the victim threatening defendant with a knife could have led the jury to infer a conclusion other than self-defense. Further, despite alterations to normal courtroom procedures due to Covid-19 safety measures that meant the trial was livestreamed and voir dire was conducted privately, a new trial is not warranted since the court considered all alternatives and had even paused the trial to address technical issues. Affirmed.
Court: Guam Supreme Court, Judge: Torres, Filed On: November 28, 2023, Case #: CRA22-2, Categories: Jury, Manslaughter, Due Process
J. Barbier grants summary judgment to a group of insurers, dismissing claims of federal health care violations by primary care physicians one day after rejecting their antitrust claim, effectively gutting the doctors’ suit alleging they conspired to reject their claims for allergy services. The doctors unsuccessfully sought a ruling the insurers were violating Medicare and Medicaid regulations aimed at protecting health care providers from discrimination. None of the statutes cited provide the doctors with a right to sue the insurers, which the physicians acknowledge by their failure to respond to the insurers’ argument on this point.
Court: USDC Eastern District of Louisiana , Judge: Barbier, Filed On: November 28, 2023, Case #: 2:18cv399, NOS: Antitrust - Other Suits, Categories: Antitrust, Evidence, Health Care
J. Reidinger grants an anonymous man affiliated with the University of North Carolina at Chapel Hill his motion for a preliminary injunction against the university following a sexual misconduct investigation it conducted. Complaints about the man’s alleged involvement in multiple acts of sexual misconduct prompted the investigation, and the man has been suspended from his affiliation with the school. Based on the fact that the man denies having perpetrated any of the actions for which he is accused, and the potential for harm if he is indicated publicly, the university is enjoined from releasing any information regarding the man until litigation has concluded.
Court: USDC Western District of North Carolina, Judge: Reidinger, Filed On: November 28, 2023, Case #: 1:23cv41, NOS: Education - Civil Rights, Categories: Civil Rights, Education, Injunction
J. Stiglich finds the district court properly approved the negotiated settlement in the underlying minimum wage class action lawsuit. Certain topless dancer class members say they did not receive proper notice of the settlement. The club owner provided notice to all class members' last known addresses, and the record shows of the 722 of 897 members who received notice, only 51 responded. Any social media outreach as proposed by the objecting members would not have increased the response. Affirmed.
Court: Nevada Supreme Court, Judge: Stiglich , Filed On: November 28, 2023, Case #: 85605, Categories: Evidence, Due Process, Class Action
J. Sales finds a lower court properly dismissed a local housing authority's denial of accommodations to a civilian who is wheelchair bound. The housing authority argued that it provided her and her family with adequate accommodations. However, the civilian sufficiently showed in court that the property was unsuitable based on the lack of an accessible toilet on the first floor. Affirmed.
Court: Supreme Court of the United Kingdom, Judge: Sales, Filed On: November 28, 2023, Case #: 2023UKSC45, Categories: Ada / Rehabilitation Act, Property, Housing
J. Pellegrini finds that the trial court properly order the involuntarily termination of a mother’s parental rights to her three-year-old daughter and changed the child’s permanency goal to adoption. The child, who was born with a rare genetic condition that her biological parents did not have the means to accommodate for, has bonded with her foster parents, who have helped her make great progress. Affirmed.
Court: Pennsylvania Superior Court, Judge: Pellegrini, Filed On: November 28, 2023, Case #: J-S38031-23, Categories: Family Law, Government, Guardianship
J. Holland denies a marine vessel maintenance company's motion for summary judgment in a vessel repair contract dispute after a customer stopped payment on the check to cover repairs. The customer alleges in counter-claims that repairs were delayed and that they were overcharged. The company has not presented evidence of an agreement to settle the disputed account
Court: USDC Alaska, Judge: Holland, Filed On: November 28, 2023, Case #: 1:22cv6, NOS: Marine - Contract, Categories: Maritime, Contract