269 results for 'filedAt:"2024-03-28"'.
J. Marshall grants in part a company's motion for the award of reasonable royalties in a trademark infringement dispute. A jury found in favor of the company for misappropriation of trade secrets and infringement of the company's registered trademark. The court issued a preliminary injunction enjoining the infringer from disclosing the company's trade secrets or marketing or selling the infringing implant. For the misappropriation of trade secrets claim and a doctor's breach of the non-disclosure agreement, $5.7 is awarded as a reasonable royalty, $11.5 million in exemplary damages, and $1 million for the counterfeit mark claim.
Court: USDC Central District of California, Judge: Marshall, Filed On: March 28, 2024, Case #: 2:20cv3503, NOS: Trademark - Property Rights, Categories: Trade Secrets, Trademark
J. Myers partially grants an automated laboratory systems manufacturer’s motion to dismiss allegations of breach of implied warranty and other claims brought by a genetic testing laboratory. Specifically, the laboratory purchased a product called the DreamPrep unit and claims that the unit was defective. Because the manufacturer had a disclaimer written into its warranty, the laboratory’s argument fails under state law. However, the remaining claims, including negligent misrepresentation and negligent manufacturing defect, survive.
Court: USDC Eastern District of North Carolina, Judge: Myers, Filed On: March 28, 2024, Case #: 5:23cv305, NOS: Contract Product Liability - Contract, Categories: Product Liability, Warranty
J. Haikala grants the sheriff’s motion for summary judgment in this employment dispute brought by a Black male lieutenant who sought to transfer from another agency. The sheriff offered the lieutenant a job but explained he would have to take a demotion. The lieutenant agreed, but later discovered that a Black female and white male or female employees did the same thing but were not demoted. The lieutenant fails to show evidence in which a reasonable jury could agree he was discriminated against based on his gender or race.
Court: USDC Northern District of Alabama , Judge: Haikala, Filed On: March 28, 2024, Case #: 2:20cv725, NOS: Employment - Civil Rights, Categories: Employment Discrimination
J. Deahl upholds the trial court's finding for the district on a resident's putative class claim that its use of red ink on its pre-addressed payment return envelopes increased failed delivery rates, which led to the assessment of late payment fees. She fails to show the use of red ink is what caused the mail to not be delivered. Affirmed.
Court: DC Court of Appeals, Judge: Deahl, Filed On: March 28, 2024, Case #: 22-CV-0567 , Categories: Negligence, Class Action
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J. Underhill grants in part and denies in part a motion for summary judgment in a case in which Bondsmen did not return a depositor’s funds. The case is timely, and statute of limitations claims by Bondsmen do not apply. The depositor’s claim of fraudulent misrepresentation is denied because the Bondsmen’s representation of legal issuance of the bonds is an issue of fact. The depositor’s motion for summary judgment is denied in part and granted in part.
Court: USDC Connecticut, Judge: Underhill, Filed On: March 28, 2024, Case #: 3:21cv221, NOS: Other Contract - Contract, Categories: Fraud, Conversion, Contract
J. Bourliot finds that the trial court erred in revoking defendant's community supervision on an assault charge for failure to pay monthly supervision fees. The state failed to prove defendant's ability to pay the fees as required when it was the sole ground in support of revocation. Reversed.
Court: Texas Courts of Appeals, Judge: Bourliot, Filed On: March 28, 2024, Case #: 14-22-00631-CR, Categories: Criminal Procedure, Assault
J. Huffaker grants, in part, a debt collector’s motion for summary judgment on the consumer’s unfair credit reporting and debt collection claims. The debt collector failed to reinvestigate the accuracy of the consumer’s name, addresses and social security number. Therefore, the discrepancies show that a dispute does exist as to the procedures being adapted to avoid discoverable errors making summary judgment inappropriate on the Fair Debt Collection Practices Act claim. The consumer’s motion for partial summary judgment is denied because she fails to show that a reasonable investigation would have revealed the inaccurate reporting.
Court: USDC Middle District of Alabama, Judge: Huffaker, Filed On: March 28, 2024, Case #: 1:22cv299, NOS: Consumer Credit - Other Suits, Categories: Debt Collection, Consumer Law
J. Milkey concludes that an independent contractor, who feels he should have been classified as an employee and given employee benefits, does not have standing for his claim because he provided his services to the company that hired him through two intermediaries. The contractor is unable to demonstrate an error when the jury instructions on standing are viewed in conjunction with the verdict slip.
Court: Massachusetts Court Of Appeals, Judge: Milkey, Filed On: March 28, 2024, Case #: 23-P-183, Categories: Employment, Jury, Contract
J. Bastian denies the publisher's motion to dismiss the professional photographer's complaint that the publisher used a copyrighted photograph of Kris Kristofferson on its website without permission. Although the photo went live on the website on Feb. 14, 2019, and the photographer first saw the copyright infringement during the same year, the applicable statute of limitations that bars copyright infringement discovered before 2020 does not apply because there was no reasonable way for the photographer to find the photo due to the lack of "storm warnings" alerting the photographer of the publisher's infringement. The publisher is based in the Pacific Northwest while the photographer is based in Kentucky, and the internet is so vast that it would take a long time to monitor the usage of a single image.
Court: USDC Eastern District of Washington, Judge: Bastian, Filed On: March 28, 2024, Case #: 2:23cv25, NOS: Copyrights - Property Rights, Categories: Copyright
J. Reynolds Fitzgerald finds that the workers' compensation board improperly disallowed a city train conductor's claims seeking coverage for work-related psychological injury precipitated by heightened exposure to Covid-19 due to the lack of adequate personal protective equipment, which exacerbated preexisting psychiatric conditions. Under new guidance, plaintiffs must prove causation by establishing that Covid-19's presence in the workplace constituted an "extraordinary event" due to the risk of elevated exposure.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: March 28, 2024, Case #: 535536, Categories: Covid-19, Workers' Compensation
J. Neeley finds the trial court properly revoked defendant's community supervision for his guilty plea conviction for assaulting a member of his household by impeding breathing or circulation. Defendant's supervision was properly revoked for his failure to submit to a urinalysis and for committing another assault against a different victim. If defendant's right to confront the alleged victim during the revocation hearing was violated, any error regarding a violation to which he pleaded “not true” did not contribute to his conviction because he pleaded “true” to other offenses. Affirmed.
Court: Texas Courts of Appeals, Judge: Neeley , Filed On: March 28, 2024, Case #: 12-23-00199-CR, Categories: Probation, Assault, Due Process
J. Bennett grants the county’s motion to dismiss this employment dispute brought by a former employee on claims of retaliation and discrimination under the MFEPA and ADA. The employee was a lieutenant firefighter when she was charged with a DUI and after she attended treatment, she returned to work when she was charged with a second DUI. Her claims are unsupported, and the second DUI was legitimately the reason for her termination.
Court: USDC Maryland, Judge: Bennett, Filed On: March 28, 2024, Case #: 1:23cv2076, NOS: Amer w/Disabilities-Employment - Civil Rights, Categories: Civil Rights, Employment Discrimination, Employment Retaliation
J. Eifert grants in part the class of former foster care children's motion for sanctions under Rule 37(e)(1) for the West Virginia Department of Health Services' failure to preserve all electronically stored information (ESI) requested in discovery. Since the spoliation of evidence did slightly compromise the class's ability to present its case demonstrating “systemic deficiencies” in the foster care system, WVDHS is precluded from arguing the deleted ESI would have shown they did not act with deliberate indifference, and it must reimburse the class for their reasonable attorney fees and costs associated with bringing the motion.
Court: USDC Southern District of West Virginia, Judge: Eifert , Filed On: March 28, 2024, Case #: 3:19cv710, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Government, Discovery
J. Zimmerer finds that the trial court properly granted the city's plea to the jurisdiction in a suit brought by the girlfriend of Mike Ramos, who was shot and killed by an Austin police officer in an incident following a 911 call that claimed a man and woman were in a car using drugs. The decedent's girlfriend failed to show a waiver of governmental immunity since her negligent infliction of emotional distress claim is "based on the commission of an intentional tort." Affirmed.
Court: Texas Courts of Appeals, Judge: Zimmerer, Filed On: March 28, 2024, Case #: 14-23-00241-CV, Categories: Immunity, Emotional Distress, Jurisdiction
J. Meyer remands a case in which a resident filed a claim in state court against a railroad for blocking automobile traffic for excessive periods of time. The railroad removed the case to federal court based on diversity jurisdiction. The claim does not meet the $75,000 requirement for federal diversity jurisdiction, so the judge returns this case to state court.
Court: USDC Connecticut, Judge: Meyer, Filed On: March 28, 2024, Case #: 3:23cv990, NOS: Motor Vehicle - Torts - Personal Injury, Categories: Civil Procedure, Transportation, Jurisdiction
J. Trotter finds in this accelerated appeal that the lower court properly terminated the parental rights of the mother to her four children. Contrary to the mother's argument on appeal, the evidence sufficiently supports the lower court's findings. She tested positive for various drugs during the pendency of the case, and two of the children tested positive for illegal drugs. Also, she denied that she had a drug problem. Affirmed.
Court: Texas Courts of Appeals, Judge: Trotter, Filed On: March 28, 2024, Case #: 11-23-00234-CV, Categories: Evidence, Family Law
J. Hanks finds that neither claimant in a transportation dispute involving produce loads delivered crushed or at the incorrect temperature has met requirements to recover damages. The transporter of the produce claimed that defendant had discriminated against him based on his race and interfered with another contract after the damaged produce incident, but the discrimination claims are insufficient, and the transporter has not provided verification of the contract. The supplier claims damages from lost produce loads but fails to prove that the damaged produce was the result of the transporter’s negligence.
Court: USDC Southern District of Texas, Judge: Hanks, Filed On: March 28, 2024, Case #: 4:20cv4236, NOS: Employment - Civil Rights, Categories: Employment, Interference With Contract, Employment Discrimination
J. Lynn denies, in part, JPMorgan's motion for summary judgment on a wind farm's contract claim. There is a question of fact whether JPMorgan improperly declared a default and sought foreclosure.
Court: USDC Northern District of Texas , Judge: Lynn, Filed On: March 28, 2024, Case #: 2:21cv37, NOS: Other Contract - Contract, Categories: Energy, Banking / Lending, Contract
J. Jordan grants summary judgment to the defendant business entities in a telematics systems developer's suit alleging breach of contract and patent infringement claims over the alleged misuse of its intellectual property. The court lacks personal jurisdiction over the German-based entity, and the claims against the other entity are barred by a settlement and patent license agreement between the developer and the entities' parent company.
Court: USDC Eastern District of Texas , Judge: Jordan, Filed On: March 28, 2024, Case #: 4:22cv808, NOS: Other Contract - Contract, Categories: Licensing, Patent, Contract