112 results for 'filedAt:"2023-07-24"'.
J. Corrigan holds, in answer to a question certified from the Ninth Circuit Court of Appeals, that under the Motor Carriers of Property Permit Act a commercial automobile insurance policy remains in force only until its stated expiration date. So, an insurer's failure to timely cancel a truck driver's certificate of insurance with the department of motor vehicles did not mean the insurer was on the hook for a wrongful death claim stemming from a collision that occurred after the policy period ended.
Court: California Supreme Court, Judge: Corrigan, Filed On: July 24, 2023, Case #: S267746, Categories: Insurance, Transportation, Contract
J. Wood denies the employer's motion for summary judgment as to the employee's claim under the Fair Labor Standards Act in an action arising out of a dispute over overtime pay when the employee's job duties changed due to the Covid-19 pandemic. The employee also alleged that the employer failed to pay her accrued vacation and sick time when she was fired. Although the pandemic was a rare occurrence and qualified as an emergency, a genuine issue of fact exists as to how long the emergency lasted and whether the employee qualified for an executive or administrative exemption from the Act's overtime requirement during the time when the emergency exemption did not apply. However, the motion for summary judgment is granted with regard to the employee's breach of contract claim.
Court: USDC Southern District of Georgia, Judge: Wood, Filed On: July 24, 2023, Case #: 2:22cv4, NOS: Fair Labor Standards Act - Labor, Categories: Covid-19, Contract, Labor
J. Zahra finds the circuit court improperly reversed the Parole Board’s granting of parole three times to the individual convicted for criminal sexual conduct with his adolescent stepdaughter. The court of appeals has also improperly affirmed the circuit court. Both courts’ finding that there were substantial and compelling reasons for departure from parole guidelines impermissibly substituted their judgment for that of the Parole Board. The judgments are reversed, and the Board’s grant of parole is reinstated.
Court: Michigan Supreme Court, Judge: Zahra , Filed On: July 24, 2023, Case #: 164311, Categories: Parole, Sex Offender, Due Process
Want access to unlimited case records and advanced research tools? Create your free CasePortal account now. No credit card required to register.
Try CasePortal for Free
J. Rosenthal finds for a pro soccer promoter in a contract and fraud case arising from an investment dispute, and awards him $175,000 in damages and $103,000 in attorney fees. The jury only found for the investors on certain issues, while the promoter succeeded on his contract counterclaim.
Court: USDC Southern District of Texas, Judge: Rosenthal, Filed On: July 24, 2023, Case #: 4:20cv4367, NOS: Other Contract - Contract, Categories: Fraud, Damages, Contract
J. Adlin reverses the examining attorney's refusal to approve Duracell's application to register a three-note musical sound for its batteries, referring to the sound as "'merely advertisements.'" Duracell shows the musical sound is used as part of certain displays associated with the batteries and, therefore, demonstrates trademark use.
Court: Trademark Trial and Appeal Board, Judge: Adlin, Filed On: July 24, 2023, Case #: 90559208, Categories: Evidence, Trademark
J. Kruger holds that the administrative court mistakenly concluded that outreach costs incurred by a Medicaid provider were for unreimbursable advertising. The findings showed that the outreach activities were intended to increase patient awareness and access, which are not categorically unreimbursable activities for a federally qualified health center. Reversed.
Court: California Supreme Court, Judge: Kruger, Filed On: July 24, 2023, Case #: S270326, Categories: Administrative Law, Medicaid
J. Tunheim partially grants the farmers' motion for attorneys' fees and costs in their suit against the Department of Agriculture in their successful suit for revenue insurance coverage for kidney bean prices. The farmers are eligible for fees as the prevailing party and the administration's pre-litigation and litigation positions were not substantially justified, but the attorneys' requested $350 hourly rate is somewhat higher than appropriate and is reduced to $325. The award is also reduced by 20% to account for a fifth plaintiff who did not show eligibility, but no further.
Court: USDC Minnesota, Judge: Tunheim, Filed On: July 24, 2023, Case #: 0:18cv1574, NOS: Administrative Procedure Act/Review or Appeal of Agency Decision - Other Suits, Categories: Administrative Law, Attorney Fees
J. Scudder finds that the lower court improperly issued a permanent injunction against a state confinement center for dangerous sex offenders requiring it to provide inmates with a minimum of 7.5 hours of therapy per week, and use independent evaluators to perform discharge evaluations. The injunction is overbroad under the Prison Litigation Reform Act because it places requirements on the state that are greater than what the constitution requires, and is too specific, without leaving the facility flexibility to base its programs on actual need. Reversed.
Court: 7th Circuit, Judge: Scudder, Filed On: July 24, 2023, Case #: 22-1368, Categories: Constitution, Commitment, Restraining Order
J. Kendall grants the plaintiff auto parts manufacturer's motion to partially dismiss the defendant auto parts manufacturer's patent counterclaims. The plaintiff manufacturer accuses defendant of infringing on its patents for plastic automobile fasteners, and in response defendant filed counterclaims alleging plaintiff's patents are unenforceable. Several of those counterclaims are dismissed, as defendant has failed to state a claim.
Court: USDC Northern District of Illinois, Judge: Kendall, Filed On: July 24, 2023, Case #: 1:20cv5416, NOS: Patent - Property Rights, Categories: Fraud, Patent, Business Practices
J. Weiler finds for the commissioner of internal revenue in this tax liability dispute because taxpayers failed to provide a reasonable explanation for unreported wages.
Court: U.S. Tax Court, Judge: Weiler, Filed On: July 24, 2023, Case #: 2023-93, Categories: Tax
J. Greaves finds for the commissioner of internal revenue in due process claims related to tax deficiency because no genuine issues remain in dispute.
Court: U.S. Tax Court, Judge: Greaves, Filed On: July 24, 2023, Case #: 2023-94, Categories: Tax
J. Mehta grants, in part, the SEC's motion to compel disclosure of company client names a law firm withheld in connection with a cyberattack on the firm's IT systems, during which those clients' files were compromised. The commission's demand for the names does not exceed its authority or violate the constitution.
Court: USDC District of Columbia, Judge: Mehta, Filed On: July 24, 2023, Case #: 1:23mc2, NOS: Other Statutory Actions - Other Suits, Categories: Securities, Privacy
J. Wheelock affirms the district court's denial of a motion to suppress evidence from a lockbox removed from an impounded vehicle six days after the defendant's arrest and his vehicle's impoundment. Law enforcement retained the authority to search the vehicle and containers inside it after the vehicle's impoundment, since no facts or circumstances suggested that the search had become less reasonable in that time. Affirmed.
Court: Minnesota Court Of Appeals, Judge: Wheelock, Filed On: July 24, 2023, Case #: A22-1115, Categories: Search, Vehicle
J. Rakoff grants in part and denies in part a company’s motion to dismiss an employment and contract dispute. The employee provided consulting services for the company in exchange for a monthly salary and a 15 percent membership interest in the company. The employee claims he was wrongly terminated after he requested a tax distribution allegedly owed to him under the terms of the parties’ Operating Agreement, and he was expelled resulting in forfeiture of his membership interest. The employer's motion to dismiss allegations of breach of the Operating Agreement, breach of implied good faith and fair dealing, alleged conversion, demand of an accounting and unenforceable contractual provisions is granted. The employee is granted leave to amend his breach of Operating Agreement claim.
Court: USDC Southern District of New York, Judge: Rakoff, Filed On: July 24, 2023, Case #: 1:23cv1621, NOS: Employment - Civil Rights, Categories: Employment, Fiduciary Duty, Contract
J. Grasz finds a lower court properly indicted a defendant for conspiracy to distribute cocaine, possession of a firearm to further a drug trafficking crime, and possessing a firearm as a prohibited person. The defendant argued that the lower court erred in denying his motion to suppress evidence concerning his participation in selling cocaine along side his wife. However, the government presented sufficient evidence in court that he sold drugs to a confidential informant, which resulted in the seizure of $154,000 in cash and handwritten notes for prices of drugs, scales, and ammunition, which was not based on false information in a search warrant obtained by authorities. Affirmed.
Court: 8th Circuit, Judge: Grasz, Filed On: July 24, 2023, Case #: 22-1816, Categories: Drug Offender, Evidence, Firearms
J. Peterson denies the brother, corporate officer and company's motion to dismiss the sister's lawsuit claiming she was deceived and pressured into selling her 20% ownership interest in the family business for $1.3 million before the brother sold the company one year later for $162 million, effectively defrauding her of around $32 million she would have received from the sale if she had not unloaded her shares at a falsely deflated value. The sister has pleaded her claims, including those for federal-law securities fraud and state-law fraud, breach of fiduciary duty and civil theft, with sufficient clarity and specificity, so all 15 claims survive.
Court: USDC Western District of Wisconsin, Judge: Peterson, Filed On: July 24, 2023, Case #: 3:22cv400, NOS: Securities/Commodities/Exchange - Other Suits, Categories: Fraud, Securities, Fiduciary Duty
J. Boulware Eurie finds that the New Motor Vehicle Board properly approved the establishment of a new Honda dealership less than 10 miles from an existing Honda dealership. The Board was allowed by statute to rely on the car manufacturer's dealer performance standards when considering the likely impact on the existing dealer. The new dealership's peremptory challenge to the first administrative law judge who was assigned to hear the existing dealer's protest was allowed by the Board regulations. The Board was not required to entertain the existing dealer's late request to take official notice of Covid-19 effects on the sales environment. Affirmed.
Court: California Courts Of Appeal, Judge: Boulware Eurie, Filed On: July 24, 2023, Case #: C095058, Categories: Administrative Law
J. Menetrez finds that the trial court erred in denying class certification of an employee's inadequate wage statement claims, as well as granting summary judgment to her employer on Private Attorneys General Act wage and rest period claims. Her time card rounding claims should have also survived. However, the trial court properly found that the employer's use of an alternative workweek schedule was not voided by its failure to make certain disclosures prior to an employee election on the schedule since the employer did not omit material information about the effects of the proposed schedule. Reversed in part.
Court: California Courts Of Appeal, Judge: Menetrez, Filed On: July 24, 2023, Case #: E072704, Categories: Employment, Class Action