115 results for 'filedAt:"2023-09-12"'.
J. Gobeil finds that the trial court improperly refused to find in favor of the hotel in a negligence action brought by the individual arising after the hotel allowed a guest to check in using a stolen copy of the individual's ID and a third party's debit card. Police issued an arrest warrant for the individual after the guest made unauthorized purchases with the debit card, leading to the individual's arrest. The individual failed to allege that she suffered any physical harm as a result of the hotel's conduct and there is no evidence that the hotel breached any legal duty. Since the guest made the hotel reservation through a third-party website, the hotel's policy only required its employees to check that the name on her ID matched the reservation. Reversed.
Court: Georgia Court of Appeals, Judge: Gobeil, Filed On: September 12, 2023, Case #: A23A1016, Categories: Negligence
Per curiam, the court of appeals finds that the Massachusetts Commission Against Discrimination improperly dismissed a former employee's complaint alleging that his former employer denied him details and overtime shifts based on his PTSD. The decision to not allow him to be assigned details and overtime shifts was not based on objective evidence that allowing him to do so would pose a direct risk, nor was it based on an individual factualized inquiry into his individual work and medical history. Vacated.
Court: Massachusetts Court Of Appeals, Judge: Per curiam, Filed On: September 12, 2023, Case #: 22-P-983, Categories: Ada / Rehabilitation Act, Employment, Employment Discrimination
J. Jones enters a second amended judgment, altered to reflect a total damages award of $690,852, in favor of the family in this breach of contract action alleging that the company lost money in spite of short-term bridge loans it had received. The company was extensively involved in a pattern of making false representations to the family and other lenders to induce them into believing that it was profitable. The company engaged in this pattern with malice, making punitive damages necessary.
Court: USDC Nevada, Judge: Jones , Filed On: September 12, 2023, Case #: 3:19cv520, NOS: Other Contract - Contract, Categories: Fraud, Damages, Contract
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J. Pirtle finds that the trial court properly convicted defendant by no contest plea for one count of terroristic threat, later revoking his probation and sentencing him to one year of confinement. While the court did not articulate its weighing of requisite factors, there is no statutory requirement for this. Defendant was already serving concurrent probations for separate offenses and had violated probationary terms several times. However, the court did err in failing to impose post-release supervision in addition to confinement, and this issue is remanded. Affirmed in part.
Court: Nebraska Court Of Appeals, Judge: Pirtle , Filed On: September 12, 2023, Case #: A-23-080, Categories: Probation, Due Process, Terrorism
J. Kollar-Kotelly refuses to grant summary judgment to Delta and United on a multidistrict class action antitrust case, which accuses them, along with Southwest and American, of conspiring to increase airfares by limiting capacity growth on domestic flights. There are genuine issues of fact regarding parallel behavior among the airlines and evidence the airlines were not acting independently.
Court: USDC District of Columbia, Judge: Kollar-Kotelly, Filed On: September 12, 2023, Case #: 1:15mc1404, NOS: Antitrust - Other Suits, Categories: Antitrust, Transportation
J. Bowen rules in favor of the insurer in a declaratory judgment action seeking affirmation that the limit of its obligation to indemnify the estate administrator in connection with a fatal car collision is $100,000 rather than the administrator's claimed liability coverage of $1 million. The insured chose two-tiered uninsured motorist coverage in its initial policy which applied in every renewal and executed a selection rejection form in three policy years demonstrating its intent to elect lesser coverage. The decedent is subject to the second tier of coverage and the insurer is therefore required to indemnify the insured for the collision in the amount of $100,000.
Court: USDC Southern District of Georgia, Judge: Bowen, Filed On: September 12, 2023, Case #: 3:22cv4, NOS: Insurance - Contract, Categories: Insurance
[Corrected.] J. Tapp finds that the U.S. should be granted dismissal of takings claims brought by an investor who entered transactions with Russian financial institutions because the national security action prohibiting such transactions does not constitute a "taking."
Court: Court of Federal Claims, Judge: Tapp, Filed On: September 12, 2023, Case #: 23-757, Categories: Property
J. Kindred grants Wells Fargo's motion to dismiss in part a customer's allegations that the bank allowed someone to access her safety deposit box without requiring identification, which led to the removal of $300,000 worth of property. The customer's claims under the Alaska Unfair Trade Practices and Consumer Protection Act, her "breach of promise" claim, and her negligence and misrepresentation claims are insufficiently pled. Her remaining claims continue.
Court: USDC Alaska, Judge: Kindred, Filed On: September 12, 2023, Case #: 3:22cv154, NOS: Other Contract - Contract, Categories: Contract
J. Sullivan finds that the lower court properly ordered a surgical hospital to produce documents in this medical malpractice suit concerning a patient who ultimately died after having a heart attack following wrist surgery. The hospital fails to demonstrate that its employee solely created her notes during the root cause analysis to comply with the Medical Care and Reduction of Error Act (MCARE), so the hospital has not met its burden of invoking the privilege set forth in section 311 of MCARE. Affirmed.
Court: Pennsylvania Superior Court, Judge: Sullivan, Filed On: September 12, 2023, Case #: J-A03020-23, Categories: Wrongful Death, Discovery, Medical Malpractice
J. Robinson grants the attorney's motion for bifurcation in the individual's libel lawsuit accusing the attorney of sending an email to other attorneys containing false statements indicating the individual had participated in securities fraud. Bifurcation of the liability determination from the punitive damages determination is appropriate because the punitive damages determination will involve distinct evidence and a higher burden of proof. The jury may properly consider evidence of the parties' financial status during the damages phase, but this same evidence would be prejudicial during the liability phase.
Court: USDC Southern District of California, Judge: Robinson, Filed On: September 12, 2023, Case #: 3:18cv814, NOS: Assault, Libel, & Slander - Torts - Personal Injury, Categories: Civil Procedure, Damages, Defamation
J. Schofield affirms an arbitral award in this matter concerning arbitration. An employee filed suit against his employer, and the parties were ordered to participate in arbitration per their agreement. The arbitrator found in favor of the employer and awarded sanctions in the amount of $11,416 and $23,026. The employee now appeals, arguing the award should be vacated, as the arbitrator did not properly conduct the arbitration. The instant court finds the employee's arguments are unsupported and without merit, grants the employer’s motion for summary judgment and confirms the arbitral award.
Court: USDC Southern District of New York, Judge: Schofield, Filed On: September 12, 2023, Case #: 1:20cv10500, NOS: Arbitration - Other Suits, Categories: Arbitration, Employment, Sanctions
J. Oeken grants in part Starbucks' motion to dismiss in this matter concerning alleged product misrepresentation and unjust enrichment. Consumers in New York and California complain they purchased sprouted grain bagels from Starbucks believing that they were made either entirely with sprouted grain or that sprouted grain was the primary grain ingredient, but it was not. Though they are labeled sprouted grain bagels, the primary grain ingredient is non-sprouted grain. Starbucks' motion to dismiss unjust enrichment claims under New York law is granted, but all other motions to dismiss are denied.
Court: USDC Southern District of New York, Judge: Oetken, Filed On: September 12, 2023, Case #: 1:22cv10932, NOS: Other - Forfeiture/Penalty, Categories: Consumer Law, False Advertising
J. Katsas upholds the district court's refusal to award injunctive relief to three developers of technical standards in their copyright infringement case against a nonprofit that releases their published technical standards online for free. The non-commercial release of standards that have been incorporated by reference into law constitutes fair use. Affirmed.
Court: DC Circuit, Judge: Katsas, Filed On: September 12, 2023, Case #: 22-7063 , Categories: Copyright
J. Hernandez denies the former employees' motion to strike allegations from the complaint, claiming they are statements made during settlement negotiations, from the outerwear company's lawsuit alleging the former employees downloaded numerous confidential documents from their work computers in violation of the non-competition provisions of their contracts. The former employees do not present enough evidence to clarify when the outerwear company made these allegations or when the negotiations began.
Court: USDC Oregon, Judge: Hernandez, Filed On: September 12, 2023, Case #: 3:23cv594, NOS: Defend Trade Secrets Act of 2016 (DTSA) - Property Rights, Categories: Employment, Trade Secrets, Contract
J. Davila denies summary judgment to telescope retailers and consumers in their antitrust suit alleging that Ningbo Sunny Electronic Co. fixed prices and restricted trade terms in the telescope market. They allege that the company, which has been successfully sued for this before, has tried to defraud the court to evade judgement and refuses to appear in this suit. And while it is true that the company has not appeared in the case after being served, there are still triable issues regarding evidence of their alleged antitrust activity that need to be proven. Summary judgment would be premature and not in the interest of "judicial economy."
Court: USDC Northern District of California, Judge: Davila, Filed On: September 12, 2023, Case #: 5:20cv3642, NOS: Antitrust - Other Suits, Categories: Antitrust
J. Schostok finds that the lower court properly convicted defendant of three counts predatory sexual assault of a child. The convictions do not violate one-act, one-crime principles because the jury was clearly aware that the verdict forms required it to find the conduct happened on at least three separate occasions to find him guilty on each count. Affirmed.
Court: Illinois Appellate Court, Judge: Schostok, Filed On: September 12, 2023, Case #: 220176, Categories: Sex Offender, Child Victims