128 results for 'filedAt:"2023-09-25"'.
J. Hixson finds the lower court properly denied defendant’s motion for a new trial. Defendant was convicted of vehicular homicide by intoxication and driving under the influence (DUI), for crashing into another vehicle when he crossed the centerline of a road into oncoming traffic, killing the driver. Blood samples taken from defendant after the crash indicate that he was high on fentanyl when the crash occurred. Defendant argues that he was denied his right to confrontation because the lower court allowed a State’s witness to testify via Zoom, but the instant court finds the Zoom testimony did not prejudice defendant, and it was only utilized because the witness tested positive with Covid-19 and was contagious. Evidence is sufficient to support defendant’s convictions and 12-year sentence. Affirmed.
Court: Tennessee Court of Criminal Appeals, Judge: Hixson, Filed On: September 25, 2023, Case #: M2022-00949-CCA-R3-CD, Categories: Evidence, Dui, Vehicular Homicide
J. Doughty finds in favor of the developer, manufacturer and seller of a medical device used as an alternative to open heart surgery, dismissing sex discrimination and hostile workplace claims by a fired manager. The employer has met his burden of proving a legitimate, nondiscriminatory reason for terminating the manager’s employment.
Court: USDC Western District of Louisiana , Judge: Doughty, Filed On: September 25, 2023, Case #: 5:21cv4022, NOS: Employment - Civil Rights, Categories: Evidence, Employment Discrimination, Employment Retaliation
J. Chen enters judgment against a tow service company and awards a tow truck driver $5,000 in statutory damages, $36,400 in unpaid compensation wages, $4,200 in backpay and $60,000 in punitive damages, along with pre- and post-judgment interest, after a jury found the employer liable for Fair Labor Standards and New York Labor Law wage and retaliation violations. He is further awarded a total of $158,319 in attorney fees and costs.
Court: USDC Eastern District of New York, Judge: Chen, Filed On: September 25, 2023, Case #: 1:17cv3018, NOS: Fair Labor Standards Act - Labor, Categories: Enforcement Of Judgments, Attorney Fees, Labor
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J. Gardephe denies both parties' motions for summary judgment in an employment breach of contract suit stemming from the hospital's refusal to pay an executive 24 months' severance provided for in her employment agreement. Issues of fact remain as to whether the former CEO had the authority to approve such executive employment agreements without prior approval by the hospital's compensation committee.
Court: USDC Southern District of New York, Judge: Gardephe, Filed On: September 25, 2023, Case #: 1:21cv8700, NOS: Employment - Civil Rights, Categories: Employment, Contract
J. Youchah grants the gaming machine company's motion for leave to file counterclaim and third-party complaint in this breach of contract suit. The facts alleged are sufficient to overcome assertions that they are made solely to facially comply with a rule regarding joinder of parties. Because counterclaims asserted against the existing parties survive the challenge to the motion to amend, the relief sought complies with joinder rules. There are clear common questions of law and fact regarding commonality.
Court: USDC Nevada, Judge: Youchah , Filed On: September 25, 2023, Case #: 2:21cv1953, NOS: Other Contract - Contract, Categories: Due Process, Contract, Technology
J. Bibas denies cross-motions for summary judgment in copyright claims contending an artificial intelligence startup copied content from Westlaw because the level of originality of Westlaw "headnotes," or summaries of points of law within judicial opinions, cannot be determined through summary judgment.
Court: USDC Delaware, Judge: Bibas, Filed On: September 25, 2023, Case #: 1:20cv613, NOS: Copyrights - Property Rights, Categories: Copyright
J. Estudillo partially grants the docking cradles manufacturer's motion for sanctions against the machinery company for not providing timely responses to the manufacturer's discovery requests in this patent litigation. The machinery company had 30 days to respond to the requests and did not provide a reasonable explanation as to why it did not, and its attorney did not agree to a face-to-face meeting or a telephone conference as required by the local rules. The manufacturer may file a motion for attorney fees within 10 days of this order.
Court: USDC Western District of Washington, Judge: Estudillo, Filed On: September 25, 2023, Case #: 2:20cv428, NOS: Patent - Property Rights, Categories: Patent, Sanctions, Discovery
J. Rice denies the underinsured motorist insurance provider summary judgment against the insured's Consumer Protection Act claim regarding her hiring an insurance expert to evaluate the UIM insurance provider's conduct following her insurance claim for multiple injuries sustained in a car collision. It is unclear if the insurance expert's evaluation of the UIM insurance provider's alleged insurance malpractice related to the investigation is indeed separate from the instigation of the insured's CPA claim, so summary judgment is not appropriate at this time.
Court: USDC Eastern District of Washington, Judge: Rice, Filed On: September 25, 2023, Case #: 2:22cv177, NOS: Insurance - Contract, Categories: Insurance, Consumer Law, Experts
J. Hillman finds in favor of two police officers accused of using excessive force against the arrestee, who has since been convicted of 17 charges, including aggravated rape, kidnapping, armed robbery and carjacking. The individual resisted arrest, had a history of violent crime, and had threatened the officers with a bladed weapon.
Court: USDC Massachusetts, Judge: Hillman, Filed On: September 25, 2023, Case #: 4:19cv40129, NOS: Mandamus & Other - Habeas Corpus, Categories: Assault, Police Misconduct
J. Fitzerald Smith finds that the lower court properly convicted defendant of being an armed habitual criminal and sentenced him to eight years in prison. The evidence was sufficient to convict him beyond a reasonable doubt of knowingly possessing a firearm. There is no merit to his claim that the Supreme Court's recent decision in New York State Rifle & Pistol Association v. Bruen renders the state's armed career criminal laws unconstitutional. Affirmed.
Court: Illinois Appellate Court, Judge: Fitzerald Smith, Filed On: September 25, 2023, Case #: 200435, Categories: Constitution, Firearms
J. Knepp grants, in part, the government's motion for summary judgment, ruling the dentist was not permitted to deduct from his taxes premiums paid into a life insurance policy owned by his practice because the death benefit of the policy gave him current access to the cash value of the policy; therefore, he was properly penalized for improper tax payments over several years and the claims for reimbursement will be dismissed.
Court: USDC Northern District of Ohio, Judge: Knepp, Filed On: September 25, 2023, Case #: 3:19cv1073, NOS: Taxes (U.S. Plaintiff or Defendant) - Federal Tax Suits, Categories: Government, Tax
J. Grimberg grants the software development corporation's motion for default judgment in a breach of contract action against the company and awards the corporation $561,000 in contract damages and $171,000 in pre-judgment interest. The action arose after the company failed to pay for software development services. The company is ordered to show cause why the corporation should not also be awarded $10,000 in attorney fees.
Court: USDC Northern District of Georgia, Judge: Grimberg, Filed On: September 25, 2023, Case #: 1:22cv3390, NOS: Other Contract - Contract, Categories: Damages, Attorney Fees, Contract
J. Bennett allows some claims to continue in a lawsuit brought by an officer and his wife against the Baltimore Police Department. The officer and wife, who run a dog breeding company on the side, sold a litter of puppies to a fellow officer. When that fellow officer was shot and killed, the officer and wife attempted to get the puppies back from the other officer's family. They say the police department was angry with them for requesting the puppies back and retaliated against the husband by suspending him without pay. At this stage, the officer and his wife have sufficiently alleged malicious abuse of internal investigation, conversion and civil conspiracy.
Court: USDC Maryland, Judge: Bennett, Filed On: September 25, 2023, Case #: 1:22cv2752, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Tort
J. Brimmer grants an insurer summary judgment in claims seeking uninsured motorist benefits following a car accident that involved a vehicle owned by the driver's employer because the at-fault driver's policy provided coverage exceeding the amount owed under the employer's policy. Affirmed.
Court: USDC Colorado, Judge: Brimmer, Filed On: September 25, 2023, Case #: 1:22cv1155, NOS: Insurance - Contract, Categories: Insurance
J. Simms grants in part a boat company's motion for partial summary judgment after a boat dealership sued it for breach of implied contract and other claims. The parties had an amicable relationship for years, and the company introduced a line of self-bailing boats that had yet to be tested or approved by a national boat safety association. Although a representative of the dealership was aware of this, he agreed to purchase at least 45 of the boats. When the dealership's customers began to complain that the self-bailing feature was dysfunctional, the dealership and company fell into disagreement. The dealership fails to prove there was an implied contract based on the long-term relationship between the parties and that the company was still obligated to continue to sell boats to the dealership. The relationship does not imply a contract or any such obligation, and the company was allowed to terminate the parties' relationship.
Court: USDC Maryland, Judge: Simms, Filed On: September 25, 2023, Case #: 1:20cv1414, NOS: Recovery of Overpayment & Enforcement of Judgment - Contract, Categories: Product Liability, Warranty, Contract
J. Peterson denies Enbridge's motion to reopen and intervene in a lawsuit between the property owners and the city over the city's desire to use a driveway on their private property as a public road, which ultimately ended in a settlement with the property owners granting the city a limited easement to use the driveway to access a neighboring property. Though Enbridge claims it needs full public access to the driveway in order to reroute an oil and natural gas pipeline over the neighboring property, it has not proven it has a right to intervene and force the lawsuit to be reopened because its knowledge of the underlying lawsuit and settlement makes its intervention untimely and the prejudice to the property owners and city in reopening the settled lawsuit outweighs any prejudice to Enbridge, and its state-law claims are better suited for a separate state-level action.
Court: USDC Western District of Wisconsin, Judge: Peterson, Filed On: September 25, 2023, Case #: 3:21cv409, NOS: Other Civil Rights - Civil Rights, Categories: Constitution, Property, Contract
J. Russell grants the defendant employer's motion for summary judgment in this lawsuit brought by a former respiratory therapist, who alleges that her termination was "racially motivated." The respiratory therapist's Title VII claim is time-barred. Also, she fails to show that the employer's given reason for her termination was pretextual. The employer contends that she breached hospital policy "by making inappropriate statements to a patient's family member," and the record shows that a second employee was also terminated for her role in the incident.
Court: USDC Western District of Oklahoma , Judge: Russell, Filed On: September 25, 2023, Case #: 5:22cv670, NOS: Employment - Civil Rights, Categories: Employment, Employment Discrimination
J. Marbley denies, in part, the community college's motion to dismiss, ruling while this court's previous injunction required it to make payments to the educational course developer for administrative costs and profit-sharing, it did not moot the contract claim in its entirety because the developer also seeks declaratory relief.
Court: USDC Southern District of Ohio, Judge: Marbley, Filed On: September 25, 2023, Case #: 2:22cv2653, NOS: Other Contract - Contract, Categories: Education, Contract, Injunction
J. Rubin denies a federal contractor's motion for summary judgment following a negligence claim brought by a job applicant after she slipped on a white marble floor maintained by the contractor. The contractor argues that it did not have notice of water on the floor, which would have triggered a duty to warn the applicant, but its records indicate staff members having mopped throughout the day. Also, the applicant recalls seeing someone mopping a floor in the distance, but no warning signs were posted where she fell.
Court: USDC Maryland, Judge: Rubin, Filed On: September 25, 2023, Case #: 8:19cv614, NOS: Other Personal Injury - Torts - Personal Injury, Categories: Negligence
J. Delaney finds that while the medical providers do not dispute the injury to the patient's femoral nerve occurred during hip replacement surgery, the trial court properly granted their motion for summary judgment because the inability by the patient's expert witness to pinpoint exactly when or why the injury occurred prevented him from creating a question of fact as to whether the providers' care fell below a reasonable standard of care. Affirmed.
Court: Ohio Court Of Appeals, Judge: Delaney, Filed On: September 25, 2023, Case #: 2023-Ohio-3416, Categories: Evidence, Experts, Medical Malpractice
J. Moor finds that the trial court was right to deny defendant's petition for resentencing on two murder convictions and one for attempted murder. He is ineligible for resentencing based on changes in statute because he was convicted based on a guilty plea as the sole defendant and actual killer.
Court: California Courts Of Appeal, Judge: Moor, Filed On: September 25, 2023, Case #: B323408, Categories: Murder, Sentencing
J. Boatright finds that because several Colorado laws related to health care employees who report suspected drug thefts provide immunity only to persons, the trial court properly denied the employer's request to dismiss the employee's defamation and emotional distress claims after she was falsely accused of taking patients' prescription medications. The three laws under which the supervisor was granted immunity repeatedly use the word "individual" to describe covered persons, which prevents application of immunity to a corporation. Furthermore, while the duty to report statute allows for corporate immunity, the law requires facilities to report suspected thefts only to law enforcement; therefore, the employer's reporting to its board of directors violated the statute and prevented immunity. Affirmed.
Court: Colorado Supreme Court, Judge: Boatright, Filed On: September 25, 2023, Case #: 2023CO49, Categories: Employment, Health Care, Immunity
J. Moon grants the city and a handful of police officers' motion to dismiss an excessive force claim. The car owner allegedly had 14 officers pointing their guns at him because they believed his vehicle was at the scuffle scene between police and Black Lives Matter protestors from the night before. The officers have qualified immunity for their actions. The car owner failed to allege facts showing that the officers engaged in unconstitutional conduct or that the city maintained a discriminatory policy.
Court: USDC Western District of Virginia, Judge: Moon , Filed On: September 25, 2023, Case #: 6:22cv31, NOS: Other Civil Rights - Civil Rights, Categories: Immunity, Equal Protection, Police Misconduct