45 results for 'judge:"White"'.
J. White allows false adverting claims to proceed against Mondelez International over allegations that its Enjoy Life Lentil Chips product does not have the amount of protein that is advertised on the packaging. While claims over packaging statements like "better-for-you" and “one of the best sources of plant-based protein” are tossed because they are not likely to cause confusion for a consumer, more concrete claims over misleading nutrition facts panels and representations that the products are "protein packed" can survive.
Court: USDC Northern District of California, Judge: White, Filed On: September 6, 2023, Case #: 4:22cv2046, NOS: Other Fraud - Torts - Personal Property, Categories: Consumer Law, False Advertising
J. White allows some civil rights claims to continue against California officers and officials from a man who says he was subjected to excessive force and hit with a direct impact round to his eye while peacefully observing the George Floyd demonstrations. While a series of failure to train claims are tossed, as well as claims against some specific officers involved, the man's failure to intervene claims can continue. The claims will need more evidence down the road, such as videos or affidavits, but survive at this stage.
Court: USDC Northern District of California, Judge: White, Filed On: August 29, 2023, Case #: 4:22cv3106, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Police Misconduct
[Consolidated.] J. White finds the lower court improperly dismissed the homeowners' claims against the federal government for its response to the 2016 Great Smoky Mountains forest fire. Although their notification forms to the Department of the Interior did not specifically mention "failure to act" as their primary cause of action, the presentment requirement of the Federal Tort Claims Act requires only written notification of the incident and a claim for money damages, both of which were included on the form. Reversed.
Court: 6th Circuit, Judge: White, Filed On: August 17, 2023, Case #: 22-5492, Categories: Civil Procedure, Government, Tort
J. White allows claims to proceed in a trademark and contract dispute between two automotive lubricant companies in which one, Motul, has accused USA Wholesale Lubricant of selling Motul's oil without permission and selling low-quality oil products disguised as Motul oil. Several of Motul's claims can continue because it adequately alleges that it received complaints from customers about Motul products sold by USA Wholesale Lubricant, suggesting that its actions have had a diminishing influence on the value of the trademarks.
Court: USDC Northern District of California, Judge: White, Filed On: August 9, 2023, Case #: 4:22cv4841, NOS: Trademark - Property Rights, Categories: Trademark, Contract
J. White partially grants the dismissal motion filed by the employer in this lawsuit alleging race discrimination and constructive discharge. The former employee fails to state a hostile work environment claim, as the alleged incidents were not pervasive enough to support the claim. Accordingly, his constructive discharge claim also fails. Additionally, the court grants the employer's motion to quash process, noting that "the deficiencies are curable."
Court: USDC Eastern District of Oklahoma, Judge: White, Filed On: August 4, 2023, Case #: 6:22cv322, NOS: Employment - Civil Rights, Categories: Civil Procedure, Employment Discrimination
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J. White denies the competing motions for summary judgment in this lawsuit alleging that the former public employee's free speech rights were violated in connection with his termination. The employer argues that he reasonably believed the perceived speech to be "a matter of private, not public, concern." However, this characterization of the perceived speech is not reasonable, as there was not "an objectively reasonable investigation." Accordingly, the employer is "not entitled to judgment as a matter of law." The employee's official capacity claim will also proceed to the jury.
Court: USDC Eastern District of Oklahoma, Judge: White, Filed On: July 26, 2023, Case #: 6:20cv67, NOS: Employment - Civil Rights, Categories: Civil Procedure, Constitution, Employment
J. White denies wholesaler and its officers' motion for a new trial on the shareholder's intentional-misrepresentation and breach of fiduciary duty claims against them, and conditionally denies the motions for a new trial on a breach of contract claim and a punitive damages claim. The award of punitive damages is excessive, and so is remitted to the nominal amount of one dollar. Breach of contract damages are also excessive, and are remitted to to the amount of $17,099 rather than the original amount of $886,951.
Court: USDC Northern District of California, Judge: White, Filed On: July 26, 2023, Case #: 4:19cv2534, NOS: Other Fraud - Torts - Personal Property, Categories: Damages, Fiduciary Duty, Contract
J. White partially grants the shareholder's motion for an award of attorney fees and costs in his suit against the wholesaler and its officials alleging underpayment of distributions and undervaluing of the shareholder's stock. The shareholder is entitled to attorney fees, costs and expenses for his breach of contract claim, but not for his tort claims. An employee who signed a personal guarantee is also liable for these attorney fees.
Court: USDC Northern District of California, Judge: White, Filed On: July 26, 2023, Case #: 4:19cv2534, NOS: Other Fraud - Torts - Personal Property, Categories: Fraud, Attorney Fees
J. White grants the online education company's motion to compel arbitration of the user's claims alleging that she was enrolled in an automatic e-textbook renewal program without her knowledge or express consent. The online platform's terms of use include an arbitration agreement which is sufficiently conspicuous to give users constructive notice, and the user unambiguously assented to the agreement by creating an account, despite her assertion that she never clicked a "create an account" button to do so.
Court: USDC Northern District of California, Judge: White, Filed On: July 25, 2023, Case #: 4:22cv9123, NOS: Other Fraud - Torts - Personal Property, Categories: Arbitration, Fraud, Consumer Law
J. White finds defendant has failed to prove his counsel violated his Sixth Amendment rights by failing to advocate for him according to his will at his trial over his alleged sexual assault of a seven-year-old girl, which he was convicted of and received a 15-year split sentence. In part because the record shows defendant admitted to his counsel that he touched the girl inadvertently and never explicitly told counsel to argue his absolute innocence, and he also cannot show she conceded his guilt in her closing argument that pointed out inconsistencies in his testimony, the circuit court correctly found no Sixth Amendment violations and denied defendant's motion for a new trial. Affirmed.
Court: Wisconsin Court of Appeals, Judge: White, Filed On: June 20, 2023, Case #: 2021AP001705-CR, Categories: Constitution, Ineffective Assistance, Sex Offender
J. White finds that the lower court improperly ordered the Department to produce records requested by the man in a FOIA request relating to the city's system for enforcement of parking, red-light, and speed-camera tickets. File layouts are per se exempt from disclosure, because their disclosure might jeopardize the security of the system. Reversed.
Court: Illinois Supreme Court, Judge: White, Filed On: May 18, 2023, Case #: 128300, Categories: Public Record, Technology