167 results for 'filedAt:"2023-08-16"'.
J. McKeig reverses the Court of Appeals' finding that the statute of limitations contained within the Minnesota Common Interest Ownership Act bars claims brought by one owner of a common interest community against another owner, which both parties had treated as severed from the community until the first owner sought financial contributions for repairs. The statute of limitations applies only to actions which "challenge the validity of an amendment or a supplemental declaration," and this action argues only that an amended declaration did not effectuate a severance of the second owner from its property interest in the community. Reversed.
Court: Minnesota Supreme Court, Judge: McKeig, Filed On: August 16, 2023, Case #: A22-0288, Categories: Property, Real Estate
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J. Anello finds in favor of the insurance company concerning an insured's bad faith complaint alleging that the insurance company improperly delayed coverage for his medical bills following a car accident. A genuine dispute existed over how much the benefits payout should be, as the insured did not seek treatment for any of his alleged injuries until five weeks after the accident and the insurance company's expert opined that the insured's injuries were not as severe as he claimed.
Court: USDC Southern District of California, Judge: Anello, Filed On: August 16, 2023, Case #: 3:22cv705, NOS: Insurance - Contract, Categories: Insurance
J. Burns grants the U.S. States Forest Service's motion to dismiss a property owner's complaint alleging an unlawful taking of his property. The court lacks jurisdiction over the property owner's Takings Clause claim. The amount in controversy is likely to be in excess of $10,000 because the owner is seeking payment of the market value of 163 acres of property that he says he is no longer able to use for agricultural operations. The Court of Federal Claims is the appropriate venue.
Court: USDC Southern District of California, Judge: Burns, Filed On: August 16, 2023, Case #: 3:20cv1046, NOS: All Other Real Property - Real Property, Categories: Government, Property
[Consolidated]. J. Erickson finds a lower court properly convicted a grandmother and a co- conspirator for kidnapping her minor grandchildren. The grandmother and her co- conspirator, who were indicted for kidnapping and aiding and abetting kidnapping, argued that they were entitled to remove grandchildren from her daughter's motel room. However, the government sufficiently showed in court that their actions established kidnapping once they crossed State lines, and that authorities properly detained them after an Amber Alert traffic stop, which revealed a car full of 10 firearms, scattered ammunition, and marijuana. Affirmed.
Court: 8th Circuit, Judge: Erickson, Filed On: August 16, 2023, Case #: 21-3524, Categories: Drug Offender, Conspiracy, Kidnapping
J. Kelly finds that a lower court properly dismissed a patient's medical negligence claims against a healthcare provider. The patient argues that the healthcare provider failed to prevent him from suffering side effects from a prescribed medication and that he is entitled to a new trial. A jury found in favor of the healthcare provider. The court lacks jurisdiction based on the patient's failure to timely file a notice of appeal. Affirmed.
Court: 8th Circuit, Judge: Kelly, Filed On: August 16, 2023, Case #: 22-2012, Categories: Health Care, Jurisdiction, Medical Malpractice
J. Schall finds that methods for treating prostate cancer using radiation were properly found to be unpatentable as anticipated by the asserted prior art. Affirmed.
Court: Federal Circuit, Judge: Schall, Filed On: August 16, 2023, Case #: 21-2063, Categories: Patent
J. Greene finds that the lower court improperly granted a preliminary injunction stopping the state from enforcing criminal laws restricting abortion. "There is nothing in the record to suggest that the parties agreed to try the merits of the constitutionality issue at the hearing on the preliminary injunction." Reversed.
Court: Louisiana Court Of Appeal, Judge: Greene, Filed On: August 16, 2023, Case #: 2022CA1042, Categories: Government, Health Care, Injunction
J. Zilly dismisses the real estate broker's claim that Zillow and others concealed all non-multiple listing services (MLS) on their websites, resulting in the real estate broker's listings losing traffic. Zillow's decision to implement a uniform two-tab display because 71% of MLSs associated with National Association of REALTORS (NAR) adopted the optional rule against commingling does not prove that there is a scheme between NAR and Zillow to hide non-MLS listings behind a secondary tab on Zillow’s platforms.
Court: USDC Western District of Washington, Judge: Zilly, Filed On: August 16, 2023, Case #: 2:21cv312, NOS: Antitrust - Other Suits, Categories: Antitrust
J. Tsuchida grants the pharmaceutical company's motion to disqualify the Bob Marley cannabis company's counsel, Patrick Moen, from reviewing discovery for the cannabis company's lawsuit alleging that the pharmaceutical company owes it royalty payments for adult-use cannabis products. An attorney-client relationship existed between Moen and the pharmaceutical company during a prior case, and Moen may possess information that may harm the pharmaceutical company in this case. Moen must destroy all confidential discovery in his possession.
Court: USDC Western District of Washington, Judge: Tsuchida, Filed On: August 16, 2023, Case #: 2:21cv1692, NOS: Other Contract - Contract, Categories: Civil Procedure, Discovery, Contract
J. Matsumoto enters defaults judgment against a provider of supplemental vitamins on copyright infringement claims alleging it copied significant portions of a competitor’s website for use on its own site. The court issues an injunction prohibiting the defendant from further infringing the protected material, as well as ordering it to deactivate the infringing website. The court, however, declines a request to transfer the domain name to the litigant’s control, finding the litigant fails to include in its suit the names of the domain registrar or webhost.
Court: USDC Eastern District of New York, Judge: Matsumoto, Filed On: August 16, 2023, Case #: 1:22cv5106, NOS: Copyrights - Property Rights, Categories: Copyright, Technology
J. Easterbrook finds that the lower court properly found for the banks made predatory loans to minority homeowners, then foreclosed on the loans in a way that injured the county. Damages under the Federal Housing Act are only available to those who suffered first-tier injuries as a result of the banks' conduct, which would be the borrowers in this case. Affirmed.
Court: 7th Circuit, Judge: Easterbrook, Filed On: August 16, 2023, Case #: 22-1407, Categories: Housing, Banking / Lending
Per curiam, the Georgia Supreme Court finds that the special master improperly granted the Georgia Bar's motion for default against attorney Ramon David Sammons, Jr. for his violations of the Georgia Rules of Professional Conduct during his representation of an elderly client and her daughter in a personal injury action against a nursing home. The attorney made misrepresentations to the daughter, failed to communicate with her and participated in the matter when he was either suspended from the practice of law or ineligible to practice for nonpayment of dues. The attorney was not in default when he filed and served his answer to the complaint within 30 days after the Bar took additional efforts at the special master's prompting to him. Vacated.
Court: Georgia Supreme Court, Judge: Per curiam, Filed On: August 16, 2023, Case #: S23Y0743, Categories: Civil Procedure, Judiciary, Attorney Discipline
J. Fernandez finds the probate court improperly ruled against the son in his lawsuit against his deceased mother's estate asking for a statement of claim transferring to him ownership of four properties he was disputing with his mother about when she died. Based on "faulty reasoning" in addressing some issues or not addressing others, including regarding whether the estate waived its right to contest the son's probate claim, the probate court is overturned and the matter is remanded for further proceedings, during which the probate court is to handle the issue of waiver in the first instance. Reversed.
Court: Florida Courts Of Appeal, Judge: Fernandez, Filed On: August 16, 2023, Case #: 22-1039, Categories: Wills / Probate, Fiduciary Duty
J. Singal partially grants some education professionals’ motion to dismiss claims brought against them by parents who wanted their child to attend school in person and be exempt from the Covid-19 vaccination requirement on religious grounds. The plaintiffs fail to provide substantial evidence that the law backed their viewpoints at the time the school officials did not allow their child to attend school without the vaccine based on a religious exemption.
Court: USDC Maine, Judge: Singal, Filed On: August 16, 2023, Case #: 2:22cv251, NOS: Constitutionality of State Statutes - Other Suits, Categories: Civil Rights, Education, Health Care
J. Gorton partially denies an e-commerce company’s motion to dismiss claims brought against it for patent infringement by a tech company. The e-commerce company argues that searching and manipulating a database, monitoring web system usage and tailoring advertising to website users are abstract ideas ineligible for patenting, and this is mostly true, but one of the patents contains an inventive concept that may be patent-eligible.
Court: USDC Massachusetts, Judge: Gorton, Filed On: August 16, 2023, Case #: 1:23cv11351, NOS: Patent - Property Rights, Categories: Patent, Technology
J. Arterton denies, in part, the employer's motion to dismiss, ruling the allegations made by the female employee that her manager stopped cooperating with her and requested sex in exchange for assistance after she ended a consensual sexual relationship are sufficient to allow her hostile work environment claims to proceed. However, the incidents mentioned by the employee, while inappropriate and distasteful, do not rise to the level of egregious behavior required to support her emotional distress claim, which will be dismissed.
Court: USDC Connecticut, Judge: Arterton, Filed On: August 16, 2023, Case #: 3:22cv418, NOS: Employment - Civil Rights, Categories: Evidence, Emotional Distress, Employment Discrimination
J. Azrack dismisses a New York-based nursing home operator’s claims for libel and libel per se against a news publication, called The American Prospect, whom it alleges published a story on its website that claimed its nursing homes had engaged in various crimes, including human trafficking, Medicaid and Medicare fraud and negligent patient care. The court finds the article’s claims were substantially true at the time they were made or were clearly the writer’s opinions which are immune to claims for defamation.
Court: USDC Eastern District of New York, Judge: Azrack, Filed On: August 16, 2023, Case #: 2:22cv1825, NOS: Assault, Libel, & Slander - Torts - Personal Injury, Categories: Defamation
J. Melnick decides entitlement, as the government has consented to this appeal of the termination for convenience of a commercial items contract for the delivery and maintenance of portable toilets and hand washing stations for the Naval Supply Systems Command Fleet Logistics Center Norfolk. The contractor is entitled to recover the contract price for all units delivered and equipment provided in response to orders stemming from the change. Quantum will be decided at later proceedings.
Court: Armed Services Board Of Contract Appeals, Judge: Melnick , Filed On: August 16, 2023, Case #: 63449, Categories: Government, Military, Contract
J. Oberto awards $750,000 on an insurer’s counterclaim for a surety bond it paid out to settle wrongful death and workers’ compensation cases. The vehicle at issue was not covered by the insurer's policy per a limitation within the contract and an exclusion, in which any vehicle registered within the U.S. is not covered.
Court: USDC Eastern District of California, Judge: Oberto, Filed On: August 16, 2023, Case #: 1:21cv1018, NOS: Insurance - Contract, Categories: Insurance, Vehicle, Wrongful Death
[Consolidated.] J. Horton finds the trial court properly revoked defendant’s deferred adjudication of guilt and community supervision on his guilty plea convictions for burglary of a habitation and theft. Before revocation, the court declined to revoke, and modified the order requiring defendant to serve 90 days in jail in order to complete a treatment program. During this period, he violated further terms of his supervision and was sentenced to 20 years in prison. The court of appeals agrees with counsel’s conclusion that no arguable grounds exist to support the appeals. Affirmed.
Court: Texas Courts of Appeals, Judge: Horton, Filed On: August 16, 2023, Case #: 09-23-00023-CR, Categories: Burglary, Sentencing, Theft
Per curiam, the appellate division finds that the lower court found for the motorcyclist in a motor vehicle suit stemming from an accident with a commercial truck on the issue of liability. The motorcyclist showed that the truck driver caused the accident by failing to yield right-of-way to the motorcycle which had no stop sign. Affirmed.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: August 16, 2023, Case #: 04329, Categories: Vehicle
J. Hendon finds the trial court improperly granted summary judgment to the insureds in their dispute with the insurance company over the amount of coverage for water damages at their house caused by the failure of old cast iron plumbing. In part because the plain language of the policy holds that the deterioration of the cast iron plumbing was an "act of nature" despite what the insureds argue, the matter is remanded for the trial court to grant summary judgment to the insurance company. Reversed.
Court: Florida Courts Of Appeal, Judge: Hendon, Filed On: August 16, 2023, Case #: 22-1436, Categories: Insurance, Contract
J. Raphael finds that the trial court must revisit its denial of a wife's petition for a domestic violence restraining order. It must make findings on her claims that her estranged husband engaged in a pattern of trying to control her finances, movements and access to communications, which are forms of abuse under the Domestic Violence Protection Act. Reversed.
Court: California Courts Of Appeal, Judge: Raphael, Filed On: August 16, 2023, Case #: E080000, Categories: Family Law