161 results for 'filedAt:"2023-06-13"'.
J. Robinson vacates a lower court ruling in favor of Verizon New England, dismissing a consumer’s fraud and contract claims that the phone company should not have continued charging him until 2021 for a burglar alarm linking his residence to the Barrington Police station, after the station was demolished some time in the 2000s. Conflicting statements on when exactly the service line terminated and when the station was demolished reflect genuinely disputed issues of material fact. Vacated.
Court: Rhode Island Supreme Court, Judge: Robinson, Filed On: June 13, 2023, Case #: 2022-32-A, Categories: Communications, Evidence, Contract
Per curiam, the Vermont Supreme Court finds that the Employment Security Board properly held the claimant liable for unemployment benefits overpayment. The claimant erroneously said she was able and available to work during the relevant periods though "she was not in fact able or available to work due to a non-COVID-related medical condition." Affirmed.
Court: Vermont Supreme Court, Judge: Per curiam, Filed On: June 13, 2023, Case #: 22-AP-289, Categories: Administrative Law, Employment
J. Gutierrez finds that the district court properly entered a sentence in a matter which required the panel to consider an enhancement of a guidelines calculation if defendant possessed a dangerous weapon at the time of a felony drug offense. Enhancement was constitutional because "it clearly comports with a history and tradition of regulating the possession of firearms during the commission of felonies involving a risk of violence." Affirmed.
Court: 9th Circuit, Judge: Gutierrez, Filed On: June 13, 2023, Case #: 22-30141, Categories: Constitution, Drug Offender, Firearms
J. Lipman grants the motion to dissolve a temporary restraining order in this lawsuit involving certain noncompete agreements. The plaintiff medical equipment company, which brought the suit against two former employees and their new employer, fails to show "the need for continued injunctive relief on a temporary basis." The evidence does not show that the term "customer," as used within the agreements, was meant to include hospitals or medical facilities.
Court: USDC Western District of Tennessee , Judge: Lipman, Filed On: June 13, 2023, Case #: 2:23cv2344, NOS: Other Contract - Contract, Categories: Employment, Contract, Injunction
J. Arterburn finds the county court properly found that the family member’s suit brought against the estate administrator on fraud allegations is frivolous. The issue has been previously litigated and decided. There is no abuse of discretion in the court’s ordering of the family member to pay $500 in attorney fees as a sanction. Certain attorney fees are reduced while the order for another is vacated as not supported by evidence. Affirmed in part as modified. Vacated in part and remanded with directions.
Court: Nebraska Court Of Appeals, Judge: Arterburn, Filed On: June 13, 2023, Case #: A-22-596, Categories: Wills / Probate, Attorney Fees
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J. Cecchi finds that the federal patent office properly calculated the term extension for patent no. RE44,733 in claims contending competitors' drugs infringe on the patent for Bridion. The issue date of the original patent must be used for calculating an extension, not the date of the reissued patent, and congress did not intend that patentees should forfeit all rights upon reissue.
Court: USDC New Jersey, Judge: Cecchi, Filed On: June 13, 2023, Case #: 2:20cv2576, NOS: Abbreviated New Drug Applications (ANDA) - Property Rights, Categories: Civil Procedure, Patent
J. Ezra adopts a report and recommendations and dismisses a contract dispute brought by U.S. company against a Chinese manufacturer over “the sale of 100,000 defective Covid-19 test kits.” The manufacturer did not directly sell the kits to the American company as the tests instead came to the company “indirectly” after multiple purchases and sales, and the U.S. firm was never able to establish that this court has jurisdiction over the Chinese manufacturer. Facebook posts from the manufacturer provided by the company actually “hurt their argument,” as it raised further questions concerning whether the manufacturer had any direct business ties to the United States or Texas.
Court: USDC Western District of Texas , Judge: Ezra, Filed On: June 13, 2023, Case #: 1:22cv504, NOS: Other Contract - Contract, Categories: Fraud, Jurisdiction, Contract
J. Lange grants an organization's motion for a preliminary injunction to restrain government officials from enforcing a "limited public use policy" which restricted petition circulators to "designated areas" apart from the entrances to the Minnehaha County government buildings. The preliminary injunction restrains defendants from enforcing the policy while the matter is pending.
Court: USDC South Dakota, Judge: Lange, Filed On: June 13, 2023, Case #: 4:23cv4075, NOS: Other Civil Rights - Civil Rights, Categories: Elections, First Amendment
J. Peterson finds for the city and police detective in a citizen's lawsuit claiming he was falsely arrested without probable cause after an incident in which a woman he claims pressured him to have sex with her demanded he pay her for it, forced him to drive to an ATM at knifepoint and stabbed him when he tried to run away in a gas station parking lot. Though the two subjects' stories differed on key details, the detective made reasonable judgments about the credibility of the citizen and the woman when he arrived at the violent scene at the gas station and ultimately arrested the woman for armed robbery and other charges and arrested the citizen on a prostitution charge, particularly given the woman's self-incriminating statements establishing that the citizen had paid her for sex. Because the detective is shielded by qualified immunity, summary judgment is granted to him and the city and the case is closed.
Court: USDC Western District of Wisconsin, Judge: Peterson, Filed On: June 13, 2023, Case #: 3:21cv817, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Constitution, Police Misconduct
J. Rushing finds the lower court properly dismissed the professor's First Amendment claims. The university disciplined the psychology professor after allegedly creating a hostile environment that led to four female students reporting him for sexual harassment after he told them explicit stories about his personal sexual experiences, made explicit remarks, and asked intimate questions about their sex lives. His sanctioned speech primarily involved casual, interpersonal interactions with students about private sexual matters that the professor does not plausibly connect to a larger public discourse or matter of public concern. Affirmed.
Court: 4th Circuit, Judge: Rushing, Filed On: June 13, 2023, Case #: 20-1509, Categories: Education, Due Process, First Amendment
J. Schroeder denies, in part, a university's motion to dismiss an individual's claims related to the school's decision not to hire her as a fencing coach. She has sufficiently pleaded allegations to support her claim for discrimination and retaliation based on the school's attempt to blackball her due, in part, to the fact she is a sexual assault victim and whistleblower.
Court: USDC Middle District of North Carolina, Judge: Schroeder, Filed On: June 13, 2023, Case #: 1:22cv513, NOS: Other Civil Rights - Civil Rights, Categories: Employment Discrimination, Whistleblowers, Employment Retaliation
J. Cannataro finds that the appellate division improperly dismissed negligent supervision and retention claims contending a charitable foundation had been defrauded of $25 million by the employee of an investment adviser. At the pleading stage, the complaint adequately alleged the adviser was on notice of the employee's propensity for fraud, which included embezzling from the firm itself prior to working with the foundation, and a customer relationship was not necessary to bring negligent supervision claims. Reversed.
Court: New York Court Of Appeals, Judge: Cannataro, Filed On: June 13, 2023, Case #: 52, Categories: Fraud, Negligence
J. Bishop finds the trial court properly convicted defendant, by no contest plea, for operating a motor vehicle in a willful reckless manner and evading. Defendant was pursued by several police cruisers with sirens and light activated, at speeds of up to 100 mph, causing accidents, and he had children in the vehicle. Despite defendant’s lack of education, as well as his mental health, substance issues and his criminal history supports the sentence of 18 months in prison. The court committed plain error by failing to order the revocation of defendant’s license. Affirmed as modified
Court: Nebraska Court Of Appeals, Judge: Bishop, Filed On: June 13, 2023, Case #: A-22-842, Categories: Sentencing, Escape, Vehicle
Per curiam, the appellate division denied a challenge to the commission's conditional approval of a development of a building in the Brooklyn Academy of Music Historic District as premature. The commission did not issue a final certificate of appropriateness. Affirmed.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: June 13, 2023, Case #: 03208, Categories: Zoning
J. Palafox denies motions for rehearings from both parties following a dispute between a resident and a condominium association over allegedly unpaid fees that resulted in a foreclosure judgment against the resident. However, the lower court did err in granting no-evidence summary judgment against the resident after he argued he had stopped paying fees because the condominium breached its duty to him by not performing repairs. While this alleged lack of repairs did not excuse defendant from paying fees, it did nonetheless provide him with his own valid cause of action. Affirmed in part.
Court: Texas Courts of Appeals, Judge: Palafox, Filed On: June 13, 2023, Case #: 08-21-00057-CV, Categories: Housing, Foreclosure, Contract
J. Brody finds that the district court properly dismissed a petition for judicial review of a city council approval of a development within a "Residential Ranchette" zoning district. Petitioners failed to show that the approval prejudiced their substantial rights. Affirmed.
Court: Idaho Supreme Court, Judge: Brody, Filed On: June 13, 2023, Case #: 49590, Categories: Administrative Law, Zoning
J. Hodges finds that the trial court improperly granted the municipal court clerk's motion to dismiss the individual's mandamus petition seeking to compel the clerk to process the individual's notice of direct appeal from a judgment and transmit it to the superior court. The clerk had a legal duty to accept and properly process the notice of appeal and lacked authority to decide the procedural or jurisdictional propriety of the appeal. Reversed.
Court: Georgia Court of Appeals, Judge: Hodges, Filed On: June 13, 2023, Case #: A23A0463, Categories: Civil Procedure
J. Baldwin finds the trial court properly granted the part-owner's motion for summary judgment on contract claims related to his separation agreement. His 20 percent ownership interest was clearly established by the agreement and was triggered under the agreement when the company was sold to a third party. Additionally, because the agreement also explicitly stated the part-owner would be entitled to 20 percent of any sale to outside interests, the trial court properly awarded him damages in 20 percent of the sale price. Affirmed.
Court: Ohio Court Of Appeals, Judge: Baldwin, Filed On: June 13, 2023, Case #: 2023-Ohio-1958, Categories: Damages, Contract
J. Russell finds that the lower court properly denied the motel's motion to vacate the appointment of a receiver. The bank complied with the legal requirement to notify the motel of its application for a receiver seven days before the court's order. Affirmed.
Court: Missouri Supreme Court, Judge: Russell, Filed On: June 13, 2023, Case #: SC99567, Categories: Banking / Lending
[Modified.] J. Smith changes several sentences in a judiciary opinion and denies a petition for rehearing. The trial court erred in striking a title company's statement of disqualification. The company filed the statement of disqualification a year after the judge accused it of participating in a “name change shell game, trickery…and scheming” to evade payment. No judgment had been entered, and issues of fraudulent transfer, alter ego or successor liability had not been presented. A statement of disqualification for bias is not impliedly waived as untimely under relevant code of civil procedure. “There shall be no waiver of disqualification if…the judge has a personal bias or prejudice.” The title company had also never filed a prior statement of disqualification and the statement was not insufficient on its face.
Court: California Courts Of Appeal, Judge: Smith, Filed On: June 13, 2023, Case #: F084913, Categories: Judiciary, Due Process
J. Stevens finds that the lower court properly convicted defendant of statutory sodomy and sentenced him to 30 years in prison. Defense counsel knowingly opened the door to evidence of other uncharged conduct as part of a trial strategy seeking to show that victims' similar accounts of sexual abuse were fabricated during a tumultuous marriage. Affirmed.
Court: Missouri Court Of Appeals, Judge: Stevens, Filed On: June 13, 2023, Case #: ED110580, Categories: Sex Offender
J. Carson finds that the lower court properly declined to compel arbitration in a staffing plan dispute between a nurses' union and an employer. While both parties did agree to arbitrate disputes regarding the relevant collective bargaining agreement, that plan did not intend to cover staffing plan disputes. Because the main thrust of their dispute revolves around the staffing plan, the claims are not compelled to arbitration. Affirmed.
Court: 10th Circuit, Judge: Carson, Filed On: June 13, 2023, Case #: 21-3146, Categories: Arbitration, Employment, Labor / Unions
J. Breyer grants Dish Network's request for summary judgment in its dispute with a set-top box company over copyright claims that the company was providing channels that are exclusive to Dish. The company knew about its infringement but continued to make money off it anyway, so Dish prevails on all of its claims. Additional briefing is needed to determine whether Dish is entitled to statutory damages and, if so, how these calculations should be made.
Court: USDC Northern District of California, Judge: Breyer, Filed On: June 13, 2023, Case #: 3:20cv1891, NOS: Copyrights - Property Rights, Categories: Copyright, Damages
J. Edmondson finds the trial court improperly granted summary judgment to the city in this suit brought by the hotel operator on claims that the Tulsa Tourism Improvement District was improperly created because more than 50% of hotel owners protested. The city has produced only disputed evidence, which is insufficient to support the court’s conclusion that certain “Notices to the Public” were not sufficient protests in writing because they were “prepared, signed and delivered” after the district was created. Reversed and remanded.
Court: Oklahoma Supreme Court, Judge: Edmondson, Filed On: June 13, 2023, Case #: 119662, Categories: Administrative Law, Municipal Law, Due Process
J. Welch finds the trial court properly convicted defendant for sexual assault and felony child abuse on the 14-year-old victim’s accusations and after rejecting a plea offer. The victim met defendant while skateboarding, and over the next several weeks was often treated to alcohol and drugs before defendant eventually sexually assaulted him. Texts shared between the victim and defendant, witnessed by the victim’s mother, support conviction. Though defendant watches “a lot of Law and Order” and feels like “everyone is against him,” the court properly observed nothing to suggest that representation was insufficient. Affirmed.
Court: Nebraska Court Of Appeals, Judge: Welch, Filed On: June 13, 2023, Case #: A-22-632, Categories: Evidence, Sex Offender, Child Victims
J. Bishop finds the juvenile court properly entered order continuing temporary custody of the juvenile with the Department of Health and Human Services, excluding placement with the mother. The child was found to be at risk of harm due to the mother’s failure to comply with orders and withholding information as to her pregnancy. Two older children were previously removed due to domestic violence caused by one of their fathers, resulting in injury. The mother suspected that the father set her car on fire twice, yet still shows sympathy and concern for him, communicating with him while in jail. The mother’s continued connection with him places the child at risk for harm. Affirmed.
Court: Nebraska Court Of Appeals, Judge: Bishop, Filed On: June 13, 2023, Case #: A-22-863, Categories: Family Law, Guardianship