101 results for 'filedAt:"2023-11-13"'.
J. Belsome finds that the trial court properly quashed a defendant driver's employer's subpoena duces tecum to the plaintiff driver's employer for documents that seek information beyond plaintiff driver's medical injuries. Under jurisprudence, a subpoena duces tecum request must be "limited to information that is relevant or necessary to the case before the court." Affirmed.
Court: Louisiana Court Of Appeal, Judge: Belsome, Filed On: November 13, 2023, Case #: 2023-CA-0294, Categories: Evidence, Discovery
J. Brailsford denies a construction equipment rental and logistics company's motion for preliminary injunction to enjoin its competitor from using its customer database which it alleges was accessed by former employees who were hired by the competitor. The company has not shown a likelihood to succeed on the merits of its allegations that the competitor misappropriated its trade secrets, as it has not provided evidence that the competitor or its employees misappropriated the consumer database. The company offers no forensic evidence that former employees downloaded information from the database or accessed the database after their employment ended.
Court: USDC Idaho, Judge: Brailsford, Filed On: November 13, 2023, Case #: 1:22cv430, NOS: Defend Trade Secrets Act of 2016 (DTSA) - Property Rights, Categories: Trade Secrets, Injunction
J. Patricco denies an individual's motion to dismiss for lack of jurisdiction a professor's allegations of defamation after the individual "posted over 100 sensational TikTok videos falsely claiming that [the professor] had an inappropriate romantic affair with one of the victims [of a murder] and then ordered the murders to prevent the affair from coming to light." The court has subject matter jurisdiction as well as personal jurisdiction and the venue is proper in this district.
Court: USDC Idaho, Judge: Patricco, Filed On: November 13, 2023, Case #: 3:22cv521, NOS: Assault, Libel, & Slander - Torts - Personal Injury, Categories: Defamation
Want access to unlimited case records and advanced research tools? Create your free CasePortal account now. No credit card required to register.
Try CasePortal for Free
J. Sammartino grants the YMCA's motion to dismiss an employee's employment discrimination claims. The employee, who says he was sexually assaulted at work, failed to show in court the identity of the perpetrator, the date he was assaulted, or his theory of liability.
Court: USDC Southern District of California, Judge: Sammartino, Filed On: November 13, 2023, Case #: 3:23cv457, NOS: Employment - Civil Rights, Categories: Employment
J. Burkhardt grants a former senior account manager's motion to compel her former life science company employer to produce a modified version of an incentive plan document. The former employee, who is being sued for allegedly stealing trade secrets, sufficiently shows that the document would support her counterclaim for past due incentive rewards.
Court: USDC Southern District of California, Judge: Burkhardt, Filed On: November 13, 2023, Case #: 3:22cv1952, NOS: Defend Trade Secrets Act of 2016 (DTSA) - Property Rights, Categories: Employment, Trade Secrets, Discovery
J. Smith finds the district court improperly dismissed this free speech suit brought by a Louisiana State Bar member who says the bar unconstitutionally collected membership fees while engaging in political advocacy unrelated to law and legal services. Though the bar argues the speech was insignificant, and certain complained-of speech does pass the germaneness test, its positions on LGBT issues, the state Equal Pay Act, a high school curriculum and other speech unrelated to legal practice violate the First Amendment right to association. Reversed in part.
Court: 5th Circuit, Judge: Smith , Filed On: November 13, 2023, Case #: 22-30564, Categories: Administrative Law, Constitution, First Amendment
J. Rowland partially dismisses this consolidated, multidistrict product liability class action over multiple cosmetic companies’ allegedly carcinogenic hair products. The court dismisses two of the companies as defendants entirely, and also tosses three of the claimants’ negligence per se, fraud and unfair and deceptive trade practices claims. The remaining dozen counts survive.
Court: USDC Northern District of Illinois, Judge: Rowland, Filed On: November 13, 2023, Case #: 1:23cv818, NOS: Other Statutory Actions - Other Suits, Categories: Consumer Law, Product Liability, Class Action
J. Tostrud grants the employer and its long-term disability plan's motion for judgment on the administrative record in the employee's suit alleging that his disability benefits were improperly terminated. Substantial evidence supported the plan's determination that the employee was not totally disabled, including his treating mental health provider's conclusion that he was "cleared to work from a mental health standpoint" and his treating physician's failure to oppose the plan doctor's determination that he was not physically disabled.
Court: USDC Minnesota, Judge: Tostrud, Filed On: November 13, 2023, Case #: 0:22cv1552, NOS: Employee Retirement Income Security Act (ERISA) - Labor, Categories: Erisa, Health Care
[Consolidated.] J. Trapp the trial court properly denied defendant's motion to suppress during his drug case. Eyewitness testimony from a detective who saw a hand-to-hand drug deal by defendant immediately before he left the parking of a hotel and several traffic infractions gave police probable cause to initiate a traffic stop and detain defendant until a K-9 search of his vehicle could be completed. Meanwhile, because each of defendant's drug indictments involved actions taken on different days in separate locations, the trial court properly joined them for a single trial. Affirmed.
Court: Ohio Court Of Appeals, Judge: Trapp, Filed On: November 13, 2023, Case #: 2023-Ohio-4098, Categories: Criminal Procedure, Drug Offender, Search
J. McKinster finds that the trial court properly denied a full resentencing hearing to defendant, who had two priors stricken in a partial resentencing hearing due to changes in sentencing law. A full hearing is only available to defendants whose sentences were increased by the imposition of priors as enhancements, but defendant's priors were imposed and stayed, not executed. Affirmed.
Court: California Courts Of Appeal, Judge: McKinster, Filed On: November 13, 2023, Case #: E080064, Categories: Sentencing
Per curiam, the Vermont Supreme Court finds the trial court properly denied a inmate’s motion to dismiss for failure to state a claim in his furlough release. The findings were based on the undisputed violation of a condition of the furlough status and the inmate was given an opportunity to amend the complaint.
Court: Vermont Supreme Court, Judge: Per curiam, Filed On: November 13, 2023, Case #: 23-AP-114, Categories: Civil Rights
J. Eklund finds the trial court properly excluded evidence of a confidential informant's drug use following several controlled buys from defendant. The testimony had no bearing on the truthfulness of the witness's testimony about purchasing fentanyl from defendant. Meanwhile, questions to the informant by defendant's attorney about language used by the parties when discussing potential deals allowed the prosecution to ask about prior trafficking by defendant; therefore, the trial court properly denied defendant's motion to exclude that testimony. Affirmed.
Court: Ohio Court Of Appeals, Judge: Eklund, Filed On: November 13, 2023, Case #: 2023-Ohio-4093, Categories: Drug Offender, Witnesses
J. Wilson finds that East Stroudsburg University is not protected from accountability for allegedly refusing to expel a resident advisor who raped a 17-year-old freshman by using his master key to forcibly enter her dorm room, where she had barricaded herself to escape his physical abuse. Portions of the complaint were untimely, but the 2019 amendment to the state tolling provision "expanded the existing tolling period that applied to individuals under the age of eighteen bringing civil actions arising from childhood sexual abuse from twelve years after attaining the age of majority to thirty-seven years."
Court: USDC Middle District of Pennsylvania, Judge: Wilson, Filed On: November 13, 2023, Case #: 3:22cv1690, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Education, Immunity
[Consolidated.] J. Waldick finds the lower court properly granted permanent custody of the children to family services. The father failed to comply with or complete many of the objectives of his case plan, while the mother's significant mental health issues and the couple's refusal to remedy domestic violence concerns prevented them from providing a safe environment for the children. Affirmed.
Court: Ohio Court Of Appeals, Judge: Waldick, Filed On: November 13, 2023, Case #: 2023-Ohio-4088, Categories: Evidence, Family Law
J. Carney-Axon denies the insurers’ motion for summary judgment and motion for reconsideration for this vehicle accident lawsuit. The allegations in the state court are unclear who is the owner of the involved vehicle, this construing in favor of the coverage. The insurers would have no duty to cover, under the insured’s commercial lines policy, if the driver was driving her own vehicle.
Court: USDC Northern District of Alabama , Judge: Carney-Axon, Filed On: November 13, 2023, Case #: 2:22cv1236, NOS: Insurance - Contract, Categories: Insurance, Vehicle
Per curiam, the Vermont Supreme Court finds the chief superior judge properly denied the father’s motion to disqualify the trial judge for being biased. The father failed to show a claim of judicial disqualification of the presiding judge. The father also argued that the judge discussed possible sanctions but, the mother has not sought such sanctions. Affirmed.
Court: Vermont Supreme Court, Judge: Per curiam, Filed On: November 13, 2023, Case #: 23-AP-131, Categories: Family Law, Judiciary, Sanctions
J. Patton finds the trial court properly refused to appoint a receiver for the borrowing company and allowed it to proceed without counsel at the time litigation was initiated by the lender. The company was an empty shell with no assets, which allowed the case to go forward solely against the owner. Furthermore, the trial court properly granted the borrower's motion for summary judgment, as the individual lender was not listed as a creditor of the owner and no evidence supported his claim of fraudulent transfer to a new corporate entity. Affirmed.
Court: Ohio Court Of Appeals, Judge: Patton, Filed On: November 13, 2023, Case #: 2023-Ohio-4096, Categories: Fraud, Contract
[Consolidated.] J. Zimmerman finds the trial court properly granted family services' motion for permanent custody of the parents' children. While the mother and father completed portions of their case plan following the removal and placement of their children in foster care, they did not remedy their lack of stable and safe housing, which was the primary reason the children were removed. Affirmed.
Court: Ohio Court Of Appeals, Judge: Zimmerman, Filed On: November 13, 2023, Case #: 2023-Ohio-4089, Categories: Evidence, Family Law
J. Byrne finds the trial court properly denied the mother's request to present rebuttal witnesses during the custody hearing because it was able to consider the bulk of the testimony through her attorney's filings, while her key witness had already testified earlier in the case. Meanwhile, the court's decision to remove the child from the mother and grant custody to the father was not against the weight of the evidence. Testimony proved he was happy with his father, while none of the mother's allegations of abuse were substantiated and had actually been shown to be the result of coaching on her part. Affirmed.
Court: Ohio Court Of Appeals, Judge: Byrne, Filed On: November 13, 2023, Case #: 2023-Ohio-4081, Categories: Evidence, Family Law
J. Cates finds that the lower court improperly granted the state's petition to deny defendant's pretrial release on bail. Defendant was arrested and detained before the effective date of the Safety, Accountability, Fairness and Equity-Today Act, so the state's petition was untimely. Reversed.
Court: Illinois Appellate Court, Judge: Cates, Filed On: November 13, 2023, Case #: 230698, Categories: Criminal Procedure, Bail
J. Hillman denies in part the government’s motion for summary judgment against a couple suing it for assault and battery, intentional infliction of emotional distress and negligence. A genuine dispute exists as to whether excessive force was used, based on the couple’s account of the incident including that the man in the couple was punched by one of the government’s law enforcement officers.
Court: USDC Massachusetts, Judge: Hillman, Filed On: November 13, 2023, Case #: 1:21cv11068, NOS: Other Personal Injury - Torts - Personal Injury, Categories: Constitution, Government, Police Misconduct
J. Clarke grants the lender's motion to dismiss a breach of contract action stemming from its retraction of an approved loan after it sent a letter of intent. Though the lender's agent repeatedly told the business owner she was "good to go," and that everything "looked good," and she should go ahead and put down a deposit with a commercial landlord, the lender cannot be bound by these statements.
Court: USDC Southern District of New York, Judge: Clarke, Filed On: November 13, 2023, Case #: 1:23cv2349, NOS: Other Contract - Contract, Categories: Banking / Lending, Contract