109 results for 'filedAt:"2023-10-13"'.
J. Easterbrook finds that the lower court properly found that the city cannot compel Netflix, Hulu, Disney, and other streaming video providers to pay 5% of all revenues they receive under an Illinois law that requires cable services to pay a fee for using public rights of way. Even prior to an amendment, which explicitly excludes "streaming content", the law excludes "services offered over the public internet" which clearly applies to the defendants. Affirmed.
Court: 7th Circuit, Judge: Easterbrook, Filed On: October 13, 2023, Case #: 22-2905, Categories: Communications, Technology
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J. Baker finds a lower court properly ordered a patient, now deceased, to undergo extubation. The patient's family argued that her Trust failed to communicate whether or not extubation was the proper avenue. However, the hospital staff sufficiently showed in court that, following a collapse, her health rapidly declined when she suffered cardiac arrest, which resulted in untreatable, permanent hypoxic brain injury. Affirmed.
Court: Her Majesty's Court of Appeal, Judge: Baker, Filed On: October 13, 2023, Case #: CA-2023-1710, Categories: Health Care, Trusts
J. Martin finds for a high school accused of failing to take appropriate action after a coach struck a student in the face during wrestling practice. The principal, who barred the coach from working at the high school but not from coaching at wrestling camp, lacked authority to institute a policy, and slapping the student had not violated the student's constitutional rights.
Court: USDC Northern District of Indiana, Judge: Martin , Filed On: October 13, 2023, Case #: 2:21cv219, NOS: Education - Civil Rights, Categories: Education, Negligence, Emotional Distress
J. Watkins finds that the trial court improperly denied defendant's motion to withdraw his guilty plea to aggravated assault and false imprisonment on the basis that his plea counsel failed to disclose a conflict of interest. Defendant alleged that his plea counsel was facing restitution for damaging the prosecutor's car in a hit-and-run incident. The trial court failed to address whether an actual conflict of interest existed and incorrectly required defendant to show that the presumed conflict of interest affected the outcome of the proceedings. Vacated.
Court: Georgia Court of Appeals, Judge: Watkins, Filed On: October 13, 2023, Case #: A23A1011, Categories: Ineffective Assistance, Assault, Plea
J. Tenney upholds the trial court's termination of a mother's parental rights based on evidence that she made false allegations of abuse against her children's father and twice kept them when she lacked custody. Termination was in the children's present-tense best interest, and supervised visitation was not viable. Affirmed.
Court: Utah Court Of Appeals, Judge: Tenney, Filed On: October 13, 2023, Case #: 20220774-CA, Categories: Family Law
J. Stewart finds the trial court properly granted summary judgment to an oncology office against defamation claims filed by their fired employees who state an anonymously submitted letter accusing them of unethical behavior should not have been disbursed to the other employees. The former employees failed to establish the publication element of the defamation claim. Affirmed.
Court: Alabama Supreme Court, Judge: Stewart, Filed On: October 13, 2023, Case #: SC-2022-0907, Categories: Employment, Evidence, Defamation
J. Perluss finds the trial court improperly denied the injured parties’ motion for fees and costs in this negligence suit over a traffic accident. After the trial court awarded damages on remand, the injured parties moved for fees and costs alleging that the at-fault party had unreasonably denied requests for admission as to the status of certain medical records as business records. The at-fault party had no reasonable belief that she could prevail on the merits of this issue, and her denial caused the injured parties to incur expenses proving the medical records were business records. Other expenses were properly granted for the at-fault party. Affirmed in part. Reversed in part and remanded.
Court: California Courts Of Appeal, Judge: Perluss, Filed On: October 13, 2023, Case #: B317540, Categories: Vehicle, Discovery, Attorney Fees
J. McAuliffe grants in part a city’s motion to dismiss claims brought against it by the buyer of a property for environmental contamination found on the property after it was indicated that the contamination had been remediated. While the buyer provides just enough information to support its Comprehensive Environmental Response, Compensation and Liability Act of 1980 claims at this stage, it does not provide enough support of the idea that the city owes it a duty in its negligence claims.
Court: USDC New Hampshire, Judge: McAuliffe, Filed On: October 13, 2023, Case #: 1:22cv573, NOS: Environmental Matters - Other Suits, Categories: Environment, Property, Real Estate
J. Carroll finds the trial court properly awarded a company owner summary judgement for a negligence claim by a visitor who slipped and fell on a snow-covered sidewalk outside his business. The visitor did not provide enough evidence that the company owner is sole owner to all companies housed in the building. Affirmed.
Court: Vermont Supreme Court, Judge: Carroll, Filed On: October 13, 2023, Case #: 23-AP-129, Categories: Negligence, Premises Liability
J. Stein denies a motion for leave to serve Germany via alternative means filed by the individual who leaked the trove of offshore financial records known as the "Panama Papers." The individual seeks amounts due under a contract under which Germany gained access to the Papers to identify tax fraud. However, the court lacks authority under the Foreign Sovereign Immunities Act to authorize alternative service.
Court: USDC Southern District of New York, Judge: Stein, Filed On: October 13, 2023, Case #: 1:23cv6395, NOS: Other Contract - Contract, Categories: International Law, Contract
J. Polster grants the Veterans Affairs Department's motion for partial summary judgment, ruling that because the doctor failed to include a constructive discharge claim in his initial EEOC complaint or any evidence of intolerable working conditions that would have led the EEOC to investigate such a claim, he failed to exhaust his administrative remedies.
Court: USDC Northern District of Ohio, Judge: Polster, Filed On: October 13, 2023, Case #: 1:23cv507, NOS: Employment - Civil Rights, Categories: Civil Procedure, Employment, Health Care
J. Sannes dismisses four public officials in Hudson, New York, from a civil rights lawsuit asserting claims for false arrest, unlawful search and seizure, and malicious prosecution stemming from their involvement in a citizen’s arrest on charges of attempted murder with a gun and conspiracy to commit murder. The litigants allege the arrest was part of an ongoing investigation into a local gang called “Men Outta Business.” The two local district attorneys who brought the charges against the litigant are both protected by sovereign immunity, and the litigant fails to allege any personal involvement on the part of the police chief or one of the named police officers.
Court: USDC Northern District of New York, Judge: Sannes, Filed On: October 13, 2023, Case #: 1:22cv1152, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Malicious Prosecution, Immunity
J. Sannes denies a motion for a temporary restraining order and preliminary injunction that seeks to prevent the closure of a family group home located in the city of Kingston, New York. The operator claims the city zoning board’s denial of its special use permit was motivated by discriminatory animus against residents suffering from substance abuse and mental health disorders. However, the court finds their claims will most likely not succeed on the merits because the city proffered enough evidence to show their denial was based on a list of safety hazards that the boarding house ultimately failed to address.
Court: USDC Northern District of New York, Judge: Sannes, Filed On: October 13, 2023, Case #: 1:23cv1024, NOS: Housing/Accommodations - Civil Rights, Categories: Civil Rights, Evidence, Zoning
Per curiam, the Vermont Supreme Court finds the trial court properly dismissed a self-representing litigant’s complaint for failure to state a claim. At the dismissal hearing the court found that the man had filed approximately 100 complaints throughout the Northeast, calling him a “serial filer.” Plaintiff failed to show any basis to disturb the order.
Court: Vermont Supreme Court, Judge: Per curiam, Filed On: October 13, 2023, Case #: 23-AP-156, Categories: Civil Procedure, Evidence
J. Cetrulo finds that an order confirming a property sale was valid even after the buyers learned the deed misidentified a neighboring lot because the mistaken identification could have easily been ascertained as a matter of public record.
Court: Kentucky Court Of Appeals, Judge: Cetrulo, Filed On: October 13, 2023, Case #: 2022-CA-1416-MR, Categories: Property
J. Doherty finds that the lower court properly convicted defendant of murder after allowing him to proceed pro se despite his mental health issues and noncompliance with medication. The court conducted a full evidentiary hearing on the matter of defendant's competence and reasonably relied on its observations of defendant in addition to expert testimony. Affirmed.
Court: Illinois Appellate Court, Judge: Doherty, Filed On: October 13, 2023, Case #: 220797, Categories: Competence, Murder, Self Representation
J. Joseph denies a New Mexico resident’s request to dismiss for lack of jurisdiction a lawsuit by a Louisiana company against his multi-state-based company to recover for the loss of the litigant’s industrial equipment in a fire at a well location in western Central Texas. The master lease agreement explicitly designates the Western District of Louisiana as a proper forum. Though the well site was in Texas, the master lease called for loading and unloading of the equipment at the litigant’s facility in Louisiana. Further, the New Mexican owner of the sued corporation fails to show that litigating the contractual dispute in Louisiana would be unfair or unreasonable.
Court: USDC Western District of Louisiana , Judge: Joseph, Filed On: October 13, 2023, Case #: 6:23cv936, NOS: Other Contract - Contract, Categories: Civil Procedure, Energy, Jurisdiction
J. Triana finds that the trial court properly issued a protective order against an ex-boyfriend, preventing him from communicating or interacting with his former girlfriend. The harassing comments made by the ex-boyfriend do not constitute a protected form of speech since they were solely communicated to "inflict emotional distress". Affirmed.
Court: Texas Courts of Appeals, Judge: Triana, Filed On: October 13, 2023, Case #: 03-22-00071-CV, Categories: Restraining Order, First Amendment
J. Autrey grants the employer's motion for summary judgment in a wage and hour suit accusing it of not compensating employees for lunch breaks not taken because it automatically deducted lunch breaks from the employees' pay. The employer had a reasonable process for employees to report uncompensated work time, and is not liable for non-payment if employees fail to follow the established process.
Court: USDC Eastern District of Missouri, Judge: Autrey, Filed On: October 13, 2023, Case #: 4:21cv182, NOS: Fair Labor Standards Act - Labor, Categories: Employment