135 results for 'filedAt:"2023-07-07"'.
J. Silver grants a furniture company's motion to dismiss a former employee's race discrimination claims. The former employee, who claimed he was treated differently on the job because he is Black, failed to file his claims within the statute of limitations.
Court: USDC Arizona, Judge: Silver, Filed On: July 7, 2023, Case #: 2:23cv248, NOS: Employment - Civil Rights, Categories: Civil Rights, Employment, Employment Discrimination
J. Earp grants a building material company a restraining order in trade secrets claims brought after employees went to work for a competitor by enjoining the employees from utilizing knowledge of the company's customers and contracts.
Court: North Carolina Business Court, Judge: Earp, Filed On: July 7, 2023, Case #: 2023-NCBC-46, Categories: Trade Secrets
J. Morris finds that the trial court properly dismissed negligence claims brought against a landscape company because the company did not have a duty to provide warnings about the hole in which a customer stepped because the hole constituted an open and obvious condition. Affirmed.
Court: Florida Courts Of Appeal, Judge: Morris, Filed On: July 7, 2023, Case #: 2D21-1621, Categories: Negligence
J. Silberman finds that the trial court improperly dismissed charges contending defendant used a computer to seduce a child to commit a sex act based on findings that defendant was subjectively entrapped by an officer pretending to be a 14-year-old girl. Reversed.
Court: Florida Courts Of Appeal, Judge: Silberman, Filed On: July 7, 2023, Case #: 2D22-307, Categories: Sex Offender
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J. Ivy partially grants the energy companies' motion to compel production of documents in a breach of contract action against the corporations in a dispute arising from a project to overhaul and upgrade a power plant. The documents are related to the work of personnel affiliated with entities under the corporation's umbrella. The search for documents is limited to two subsidiaries which are wholly owned by the corporation.
Court: USDC Eastern District of Michigan, Judge: Ivy, Filed On: July 7, 2023, Case #: 4:22cv10847, NOS: Other Contract - Contract, Categories: Discovery, Contract
J. Pechman partially grants the criminal detainee's motion for contempt stating that the state department violated their settlement agreement, which arises from a lawsuit alleging that the state department and others did not provide timely competency evaluations and restoration services to pretrial criminal detainees in city and county jails. The state department did not take the reasonable steps to ensure that the 92 additional beds promised in the settlement agreement were available to the criminal detainee class members from September 2022 to May 2023, as the state department knew there was a backlog of cases because of the Covid-19 pandemic but it did not adequately plan for a surge of bed demands.
Court: USDC Western District of Washington, Judge: Pechman, Filed On: July 7, 2023, Case #: 2:14cv1178, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Settlements, Covid-19
J. Cohen finds the trial court erred by admitting the results of defendant's blood alcohol analysis when it suspended his driver's license. The state failed to show the blood-sample analysis was done in compliance with applicable rules. Reversed.
Court: Vermont Supreme Court, Judge: Cohen, Filed On: July 7, 2023, Case #: 22-AP-216, Categories: Civil Procedure, Evidence
J. Montalvo denies a motion to amend judgment brought by a consumer who had sued a credit reporting company over alleged violations of the Fair Credit Reporting Act following a dispute with another company over a payment plan. The consumer never formally requested that a “statement of dispute” be added to his credit report and only “perfunctorily” explained his dispute to the credit agency, and his assertion that the court erred on this issue is “incorrect.”
Court: USDC Western District of Texas , Judge: Montalvo, Filed On: July 7, 2023, Case #: 3:21cv114, NOS: Consumer Credit - Other Suits, Categories: Civil Procedure, Consumer Law, Contract
J. Hicks grants the gold mining company’s motion to dismiss the counterclaim arising from its claim for contractual royalties owed by the counterclaimant company for its alleged use of licensed patents. The counterclaim for patent misuse fails as it was not brought in a patent infringement action. The gold mining company does not assert a patent infringement claim, but for breach of contract. The counterclaimant can also not unilaterally terminate the license agreement for non-use, being that the assignment includes additional intellectual property for which royalties would still be owed.
Court: USDC Nevada, Judge: Hicks, Filed On: July 7, 2023, Case #: 3:22cv415, NOS: Other Contract - Contract, Categories: Patent, Business Expectancy, Contract
J. Bade denied petitions for review challenging the denial of two tobacco companies' premarket tobacco product applications seeking Food and Drug Administration (FDA) authorization to sell nicotine-containing e-liquids in the United States. The text of the Family Smoking Prevention and Tobacco Control Act "plainly authorizes the FDA to require that manufacturers submit comparative health risk data, which necessarily includes comparisons of flavored e-liquids to tobacco-flavored e-liquids."
Court: 9th Circuit, Judge: Bade, Filed On: July 7, 2023, Case #: 21-71328, Categories: Administrative Law
J. Gallagher grants a MacBook owner her motion to exclude testimony of Apple’s expert testimony after the MacBook’s batteries caught fire and damaged the owner’s apartment and surrounding apartments. Because the expert’s measure of loss does not use diminution in value and the value of the loss after the fire to determine what damages Apple should pay, but instead uses actual cash value of the property before the fire, the expert’s testimony is excluded.
Court: USDC Maryland, Judge: Gallagher, Filed On: July 7, 2023, Case #: 1:20cv651, NOS: Property Damage Product Liability - Torts - Personal Property, Categories: Evidence, Product Liability, Experts
J. Mullins finds the trial court's discovery sanction to preclude submission of an affidavit meant to harm witness credibility was a harmless error. There was ample evidence to support defendant's drug trafficking convictions, while he was still able to cross-examine witnesses and attack their credibility without the affidavit. Affirmed.
Court: Connecticut Supreme Court, Judge: Mullins, Filed On: July 7, 2023, Case #: SC20653, Categories: Drug Offender, Evidence, Discovery
J. Mays denies without prejudice a motion for approval of a collective action settlement in this case brought by a delivery driver under the Fair Labor Standards Act. The motion is unopposed, but the settlement agreement lacks a valid form of opting-in for other potential plaintiffs. Accordingly, that defect must be remedied. Additionally, dismissal is not appropriate until "all parties have opted-in."
Court: USDC Western District of Tennessee , Judge: Mays, Filed On: July 7, 2023, Case #: 2:21cv2200, NOS: Fair Labor Standards Act - Labor, Categories: Class Action, Labor
J. Fitzgerald grants partial summary judgment to the government agency for its claim that the student loan company and others sold student loan debt relief services that consumers could have received for free. There is undisputed evidence that the student loan company performed actions such as pursuing unnecessary loan consolidations on behalf of consumers, which lost them qualifying payments toward loan forgiveness, and that it attempted to evade the consumer complaints against it by using numerous fictitious names. The company must pay $95 million in legal restitution.
Court: USDC Central District of California, Judge: Fitzgerald, Filed On: July 7, 2023, Case #: 8:19cv1998, NOS: Other Statutory Actions - Other Suits, Categories: Fraud, Consumer Law
J. McEvers finds that the district court properly entered judgment terminating a father's parental rights over his seven children. The mother's appeal was untimely and dismissed for lack of jurisdiction. Affirmed.
Court: North Dakota Supreme Court, Judge: McEvers, Filed On: July 7, 2023, Case #: 2023ND122, Categories: Family Law
J. Smith finds the trial court improperly ruled against the Texas Department of State Health Services in a case brought against it by a company over a violation the company received for alleged possession of radioactive waste without a permit. Challenging the violation notice, the company sued for a declaration that it did not store the waste on its property, to which the department filed a plea to the jurisdiction. The company failed to establish that the department’s immunity has been waived, therefore the suit lacks jurisdiction. Reversed.
Court: Texas Courts of Appeals, Judge: Smith, Filed On: July 7, 2023, Case #: 03-21-00370-CV, Categories: Government, Immunity, Jurisdiction
J. Van Keulen finds in favor of San Jose officers and officials in a civil rights case brought by an individual who says police, while investigating a domestic dispute, hauled him out from a shed while a police dog was biting down on his ankle, leaving him with injuries that required surgery. The actions of the officers fall in the "hazy border" between acceptable and unacceptable force, but ultimately the individual has not carried his burden to show that a reasonable officer would know that the duration of the dog bite was unconstitutional.
Court: USDC Northern District of California, Judge: Van Keulen , Filed On: July 7, 2023, Case #: 5:21cv7838, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Immunity, Police Misconduct
J. Tufte finds that the district court properly granted summary judgment to the City of Rolla after a records request under the state’s open records statute. The City correctly contended that the individuals seeking public record failed to give the City notice under North Dakota Century Code. Affirmed.
Court: North Dakota Supreme Court, Judge: Tufte, Filed On: July 7, 2023, Case #: 2023ND128, Categories: Public Record
J. Clark finds the prosecutor's use of the phrase "nuts and sluts" in reference to typical defenses in sexual assault cases similar to defendant's did not constitute prosecutorial impropriety. In context, the phrase was made regarding the victim's credibility and did not prejudice the jury against him. Meanwhile, defendant's double jeopardy rights were not violated by multiple convictions that stemmed from the same sequence of events. Although all of his criminal conduct occurred in a short period of time, the assaults on the couch and stairwell were separate incidents and supported multiple charges of sexual assault. Affirmed.
Court: Connecticut Court Of Appeals, Judge: Clark, Filed On: July 7, 2023, Case #: AC45378, Categories: Sex Offender, Double Jeopardy
J. DeHoog finds the appeals court properly affirmed a trial court decision in a negligence action against an individual's employer. “The legislature intended to establish procedural requirements for claims that it then believed were constitutionally required under our case law, but that it did not intend to create its own substantive exception applicable to cases such as claimant’s.” Affirmed.
Court: Oregon Supreme Court, Judge: DeHoog, Filed On: July 7, 2023, Case #: S069448, Categories: Negligence, Workers' Compensation
[Consolidated.] J. Moore finds that the lower court properly terminated the parental rights of the mother and the father to the child. The mother had a history of substance abuse and mental-health issues, while the father was imprisoned in a federal penitentiary and later resided in a halfway house "that did not allow children." Affirmed.
Court: Alabama Court of Civil Appeals, Judge: Moore, Filed On: July 7, 2023, Case #: CL-2022-1116, Categories: Evidence, Family Law