84 results for 'filedAt:"2023-10-23"'.
J. Boyle grants the customer of a women’s clothing company his motion to remand a case in which he and a class of customers sued the company for including 10 of the 16 digits on their credit card on their receipts, in violation of a credit transaction law. The company removed the suit to federal court, claiming that because the customers suffered injuries, the case must be tried there. However, the customers have not yet suffered concrete injuries because their credit information was not compromised despite the potential. Therefore, the lead customer is correct to request remand because the federal court does not have subject matter jurisdiction.
Court: USDC Eastern District of North Carolina, Judge: Boyle, Filed On: October 23, 2023, Case #: 5:23cv261, NOS: Consumer Credit - Other Suits, Categories: Consumer Law, Jurisdiction
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J. Pechman finds in favor of the manufacturing company against the employee's class action complaint that the company and Fluke Manufacturing Corporation did not pay its employees for overtime despite requiring them to work over 40 hours per week. The employee's Fair Labor Standards Act and Washington Minimum Wage Act claims cannot proceed because her duties fall under the purchasing category and relate to the manufacturing company's general business operations, meaning that she is exempt under the FLSA and thus is not entitled to overtime.
Court: USDC Western District of Washington, Judge: Pechman, Filed On: October 23, 2023, Case #: 2:22cv1241, NOS: Fair Labor Standards Act - Labor, Categories: Class Action, Labor
J. Flanagan adopts a magistrate judge’s recommendation to grant sanctions to a county school board by dismissal of a job discrimination complaint brought by a former employee. The employee presently moves to schedule a pretrial hearing and “to note the race of every potential juror examined in this case.” However, as the employee demonstrated bad faith in failing to appear at two depositions, thereby hampering discovery, her motions are dismissed.
Court: USDC Eastern District of North Carolina, Judge: Flanagan, Filed On: October 23, 2023, Case #: 5:20cv595, NOS: Employment - Civil Rights, Categories: Employment, Discovery, Employment Discrimination
J. Danner finds that the trial court properly overruled defendant's objection to the state's use of a peremptory challenge to a Black juror. It was also within its discretion to admit testimony from a defense character witness whose daughter disclosed midtrial that defendant had molested her. Affirmed.
Court: California Courts Of Appeal, Judge: Danner, Filed On: October 23, 2023, Case #: H050117, Categories: Evidence, Jury, Sex Offender
J. Clarke denies summary judgment to the paint manufacturer against the competitor's trade secrets counterclaims. The competitor raises sufficient questions about whether the Wipe New formula is a trade secret as its formula and the use of Durazane was not publicly known when the parties signed the sales agreement, so it is possible that the paint manufacturer misappropriated the formula.
Court: USDC Oregon, Judge: Clarke, Filed On: October 23, 2023, Case #: 1:18cv1655, NOS: Other Contract - Contract, Categories: Trade Secrets, Contract
J. Hunt grants in part the company’s motion to dismiss a class action brought by consumers who say Sealy-brand bedsheet sets are falsely and misleadingly advertised. The motion is granted with respect to the consumers’ claims under the Illinois Consumer Fraud and Deceptive Business Practices Act and unjust enrichment. The consumers failed to have a warranty claim because “the phrase ‘1250 thread count sheet set’ does not warrant that the sheets are defect-free or will perform for a specified level over a specific time.”
Court: USDC Northern District of Illinois, Judge: Hunt, Filed On: October 23, 2023, Case #: 1:22cv2937, NOS: Other Fraud - Torts - Personal Property, Categories: Fraud, Class Action, False Advertising
J. Friot grants the former employer's motion for summary judgment as it relates to one of the individual plaintiffs in this suit alleging gender discrimination and a failure to pay overtime. The employer has provided a legitimate basis for the former employee's termination, and the employee fails to show that the reason was pretextual. Additionally, she testified that she did not know how much overtime she worked "for which she was not compensated."
Court: USDC Western District of Oklahoma , Judge: Friot, Filed On: October 23, 2023, Case #: 5:21cv501, NOS: Fair Labor Standards Act - Labor, Categories: Employment Discrimination, Labor
J. Jackson-Akiwumi finds that the lower court properly sentenced the transgender defendant to 18 months in prison, below the statutory maximum of 24 months months, for violating her supervised release. The court adequately took into consideration the heightened risk of sexual assault she would face in prison. Affirmed.
Court: 7th Circuit, Judge: Jackson-Akiwumi, Filed On: October 23, 2023, Case #: 22-2061, Categories: Constitution, Sentencing
J. Sykes finds that the lower court properly dismissed the debtor's Fair Debt Collection Practices Act suit because she sustained no injury from the collector's alleged use of a third-party vendor to print and mail its collection letters. Affirmed.
Court: 7th Circuit, Judge: Sykes, Filed On: October 23, 2023, Case #: 22-1202, Categories: Debt Collection
[Consolidated.] J. Brennan finds that the lower court properly convicted both defendants of fraud for "spoofing" the precious metals market by placing fake orders with no intent to trade to push the market in a certain direction. The evidence is sufficient to support defendants' conviction, showing that they placed the orders solely to manipulate the market. Affirmed.
Court: 7th Circuit, Judge: Brennan, Filed On: October 23, 2023, Case #: 23-1528, Categories: Fraud, Securities
Per curiam, the Seventh Circuit finds that the lower court properly sentenced defendant to 120 months in prison for unlawfully possessing firearms after imposing two four-level enhancements. The record supports a finding that defendant trafficked arms to a person whom he had reason to believe would use them for unlawful conduct, and because his offense involved eight firearms. Affirmed.
Court: 7th Circuit, Judge: Per curiam, Filed On: October 23, 2023, Case #: 22-3070, Categories: Firearms, Sentencing