157 results for 'filedAt:"2023-07-20"'.
J. Burkhardt partly grants Apple's motion to compel discovery against a technology company in relation the company's "pre-suit analysis" of Apple's Taptic Engine technology. Emails exchanged between the technology company's principals prior to contacting any attorneys cannot be withheld due to attorney-client privilege. However, documents and slides drafted and then presented at meetings with attorneys are protected by attorney-client privilege, as these constitute confidential communications between a prospective client and attorneys for the purpose of seeking legal representation.
Court: USDC Southern District of California, Judge: Burkhardt, Filed On: July 20, 2023, Case #: 3:21cv812, NOS: Patent - Property Rights, Categories: Patent, Discovery
J. Bryant finds in favor of a severely disabled man on his Fair Credit Reporting Act claim, which alleged that CoreLogic violated the act by failing to disclose the man’s consumer report upon request. However, the court finds no actual damages, only statutory and punitive damages in the amount of $4,000 total, because there are “too many unanswered questions” for the court to find that WinnResidential would have accepted the man’s application to move in with his mother had she received his consumer report sooner.
Court: USDC Connecticut, Judge: Bryant, Filed On: July 20, 2023, Case #: 3:18cv705, NOS: Other Civil Rights - Civil Rights, Categories: Damages
J. Deahl reverses an award of disability benefits to a delivery driver who was injured on a moped ride to a bagel shop. The trip to the shop during his 70-minute lunch break was not connected to his job. Reversed.
Court: DC Court of Appeals, Judge: Deahl, Filed On: July 20, 2023, Case #: 21-AA-0560 , Categories: Employment, Labor
J. Pritzker finds that the workers' compensation board properly disallowed a municipal bus driver's claims that he suffered stress and mental health injuries due to potential exposure to Covid-19 at work because his anxiety was no greater than that experienced by similar workers during the pandemic. Affirmed.
Court: New York Appellate Divisions, Judge: Pritzker, Filed On: July 20, 2023, Case #: 535458, Categories: Covid-19, Workers' Compensation
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J. Hernandez dismisses the consumer's claim that JPMorgan closed and restricted her accounts based on allegedly unexpected activity on her account from Croatia, which the consumer claims JPMorgan knew was the occasional wire transfer to her family in Croatia. The consumer's national origin discrimination claim fails because she relies on circumstantial evidence that JPMorgan knew about the nature of her wire transfers, but she does not point to direct evidence such as slurs or that JPMorgan ever alluded to her national origin.
Court: USDC Oregon, Judge: Hernandez, Filed On: July 20, 2023, Case #: 3:23cv2, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Contract
J. Ripple finds that the lower court properly sentenced defendant by imposing a condition of supervised release allowing a probation officer to search defendant's person and property if he's suspected of violating a condition of his supervised release. The sentencing court properly articulated its reasons for imposing this condition, namely defendant's long criminal history and his past failure to register as a sex offender in multiple states over multiple years. Affirmed.
Court: 7th Circuit, Judge: Ripple, Filed On: July 20, 2023, Case #: 22-1325, Categories: Sentencing, Sex Offender
J. McShan finds that the lower court properly dismissed a father's request to hold a mother in willful violation of a prior order for twice weekly telephone calls with their son. The boy's reluctance to speak with his father, who lived in Ohio, did not suggest that the mother interfered with the calls, and neither parent willfully dragged their feet to arrange ordered therapeutic counseling between the boy and the father. Affirmed.
Court: New York Appellate Divisions, Judge: McShan, Filed On: July 20, 2023, Case #: 535404, Categories: Family Law
J. Trotter finds that the lower court properly rendered judgment for common law fraud and awarded benefit-of-the-bargain damages in this case involving "a business deal gone awry." Contrary to the appellants' argument, the evidence sufficiently supports the lower court's finding. The evidence shows that they made false representations "regarding the partnership and its structure." Affirmed.
Court: Texas Courts of Appeals, Judge: Trotter, Filed On: July 20, 2023, Case #: 11-22-00072-CV, Categories: Evidence, Fraud, Business Practices
J. Albright grants a motion to sever and stay claims in a case after a company brought various patent infringement claims against both Samsung and Best Buy. The suing company would not likely be unduly prejudiced by a severance and stay in the case, and the “customer-suit exception” applies here because the accused companies argue Best Buy and its affiliated companies were “merely resellers” of Samsung products and that the claims against Best Buy hinge on the results of the Samsung claims.
Court: USDC Western District of Texas , Judge: Albright, Filed On: July 20, 2023, Case #: 6:22cv535, NOS: Patent - Property Rights, Categories: Civil Procedure, Patent
[Consolidated.] J. Yates finds the trial court improperly found that the law firm which successfully represented the injured party in this auto crash insurance dispute is entitled to attorney fees equaling one-third of attendant-care benefits for three years. Though the injured party believes the law firm is not entitled to future fees and the law firm believes it is entitled to fees in perpetuity, the trial court in fact incorrectly relied on a statutory analysis rather than the contract in its resolution. The contract allows strictly for one-third of the $251,523 settlement to be allocated for attorney fees. Vacated and remanded.
Court: Michigan Court of Appeals, Judge: Yates, Filed On: July 20, 2023, Case #: 361452, Categories: Insurance, Attorney Fees, Contract
J. Copperhite grants a police officer’s motion for summary judgment following allegations by a pedestrian that the officer had falsely arrested him and accused him of stashing a gun in some bushes. Although this officer was eventually indicted by a federal grand jury for RICO violations and sentenced to 18 years’ in prison, in this case, the pedestrian could not provide sufficient evidence of his claim that this officer planted the gun.
Court: USDC Maryland, Judge: Copperhite, Filed On: July 20, 2023, Case #: 1:20cv488, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Firearms, Racketeering
J. Zahn holds that the trial court should have obtained defendant's waiver of his right to a jury trial before imposing a sentencing enhancement. The trial court must hold a new trial on the enhancement, which ups a conviction from a misdemeanor to a felony where a defendant has been convicted of another felony DUI within the previous 15 years. Vacated.
Court: Idaho Supreme Court, Judge: Zahn, Filed On: July 20, 2023, Case #: 49241, Categories: Sentencing, Dui, Due Process
J. Smith finds that the district court properly ruled for the insurer in claims seeking coverage for property damage caused by a fire that had been allowed to spread due to an inoperative sprinkler system. Both causes of action are based on claims contending the insurer failed to name the real estate holding company as mortgagee on the underlying policy, but the action would have been barred regardless due to the inactive sprinkler system. Affirmed.
Court: 8th Circuit, Judge: Smith , Filed On: July 20, 2023, Case #: 22-1895, Categories: Insurance
J. Irion finds that the trial court properly rejected Invasion of Privacy Act claims over recorded phone calls from a call center employee to her mother. The trial court's conclusion that the employer did not intend to record the calls does not withstand the substantial evidence test, as it knew personal calls were regularly made, yet its full-time recording system captured all calls. But the evidence shows that the mother impliedly consented to being recorded in her own cardmember services agreement with the employer, and an explicit advisement is not required at the outset of every call. Also, a cost award against the mother was proper since she rejected a section 998 settlement offer prior to trial. Affirmed.
Court: California Courts Of Appeal, Judge: Irion, Filed On: July 20, 2023, Case #: D077931, Categories: Employment, Settlements, Privacy
J. Do finds that the trial court properly applied the clear and convincing standard to determine that returning an eight-year-old child to her father's custody would jeopardize her physical safety. He repeatedly left the child unsupervised for extended periods of time, relying on the family dog to protect her, and she would be found roaming away from home at all hours. Also, his home was filthy, foul-smelling and had very little food. Affirmed.
Court: California Courts Of Appeal, Judge: Do, Filed On: July 20, 2023, Case #: D081568, Categories: Family Law, Jurisdiction
J. Reynolds Fitzgerald finds that the workers' compensation board properly held that a commuter train conductor did not sustain a compensable injury, namely, anxiety exacerbating preexisting psychiatric conditions, based on potential exposure to Covid-19 due to inadequate safety measures, as the conductor's stress was no greater than that experienced by comparable workers during the pandemic. Affirmed.
Court: New York Appellate Divisions, Judge: Reynolds Fitzgerald, Filed On: July 20, 2023, Case #: 535536, Categories: Covid-19, Workers' Compensation
Per curiam, the Fifth Circuit finds the district court properly granted summary judgment to Walmart in this premises liability suit brought by a shopper who was struck by a falling box of notebooks. The shopper did not notify store management after the incident, but later complained of neck pains and was encouraged by her husband to seek medical attention and file suit. The shopper did not provide sufficient evidence to establish premises liability. Affirmed.
Court: 5th Circuit, Judge: Per curiam, Filed On: July 20, 2023, Case #: 22-60269, Categories: Evidence, Tort, Premises Liability
J. Miller finds that the trial court properly denied defendant's motion to withdraw his guilty plea to criminal attempt to commit armed robbery, aggravated battery, influencing a witness and violations of the Street Gang Terrorism and Prevention Act. The trial court correctly found that defendant's plea was voluntarily entered even though defendant was crying and emotional during the proceedings. Affirmed.
Court: Georgia Court of Appeals, Judge: Miller, Filed On: July 20, 2023, Case #: A23A0980, Categories: Robbery, Plea, Gangs
J. Loken finds that the district court properly revoked supervised release imposed upon defendant's guilty plea to firearms violations based on his involvement in a domestic violence incident. The court properly focused on defendant's lengthy criminal history and the fact that he committed the instant offense while on a second term of supervised release. Affirmed.
Court: 8th Circuit, Judge: Loken , Filed On: July 20, 2023, Case #: 22-2688, Categories: Firearms, Probation