139 results for 'filedAt:"2023-06-16"'.
J. Failla denies the defendant television developer's motion to dismiss a copyright action stemming from its production of a police reality show called "On Patrol: Live," which the plaintiff developer claims is virtually identical to a show the parties collaborated on together called "Live PD" which was taken off the air after the death of George Floyd. The complaint plausibly alleges the two shows serve the same purpose, and there is unquestionably probable consumer confusion as shown by tweets showing viewer excitement that Live PD is back on the air.
Court: USDC Southern District of New York, Judge: Failla, Filed On: June 16, 2023, Case #: 1:22cv7411, NOS: Copyrights - Property Rights, Categories: Communications, Copyright
J. Huddle finds the court of appeals improperly ruled against a real estate developer in a negligence suit filed by a firm. In 2018, after the suit was dismissed, the firm went on to refile its suit against the developer, asserting that the statute of limitations had paused while it corrected defects in its legal case. The court of appeals ruled against the developer’s motion for summary judgment and assertion that the statute of limitations had expired on the case. The firm’s defect in its original suit was not one that allowed for the limitations to be paused, therefore their time to re-litigate the case has passed. Reversed.
Court: Texas Supreme Court, Judge: Huddle, Filed On: June 16, 2023, Case #: 21-0797, Categories: Civil Procedure, Real Estate
J. Crenshaw grants, in part, the law enforcement parties' motion for summary judgment in a case involving a hold that was placed on a crashed vehicle. The vehicle owner's due process claims against the sheriff and the deputy in their individual capacities fail to overcome their qualified immunity defense.
Court: USDC Middle District of Tennessee , Judge: Crenshaw, Filed On: June 16, 2023, Case #: 2:21cv33, NOS: Housing/Accommodations - Civil Rights, Categories: Property, Immunity, Due Process
J. Wright denies in part the government's motion to dismiss an individual's "action to compel the United States Citizenship and Immigration Services (USCIS) to adjudicate her application for asylum." The court retains jurisdiction to hear the individual's claims under the Administrative Procedures Act, however the individual fails to state a plausible claim under the Administrative Procedures Act, as the individual's "allegations demonstrate minimal risk to human health or welfare." The individual is granted leave to amend.
Court: USDC Central District of California, Judge: Wright, Filed On: June 16, 2023, Case #: 2:22cv5846, NOS: Other Immigration Actions - Immigration, Categories: Immigration
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J. Levy denies attorney Scott Fenstermaker’s motion for recusal because the lawyer failed to show that identical discipline to Maine Supreme Judicial Court’s suspension of the lawyer from practicing law in Maine shouldn’t be imposed. Fenstermaker had an altercation with the owner of a towing company, made filings in former clients’ criminal cases once he was no longer representing them and accused state prosecutors and a state court judge of conspiracy and illegal activity without evidence to back his accusations.
Court: USDC Maine, Judge: Levy, Filed On: June 16, 2023, Case #: 2:23cv174, NOS: Other Statutory Actions - Other Suits, Categories: Fiduciary Duty, Legal Malpractice, Attorney Discipline
J. Rodriguez grants a motion for summary judgment and dismisses a case involving a convoluted dispute over mineral rights. Parties who alleged that they were not being fairly compensated for mineral leases raised a number of issues, including alleging that a company involved in the dispute had violated the Texas Natural Resources Code, but based on the relevant leases and contracts in this case, those parties were simply "not owed the contested royalties."
Court: USDC Western District of Texas , Judge: Rodriguez, Filed On: June 16, 2023, Case #: 5:22cv558, NOS: Other Contract - Contract, Categories: Energy, Real Estate, Contract
J. Land denies the power companies' motions to exclude expert testimony from a mechanical engineer and a real estate appraiser in a nuisance and negligence action brought by the neighbors arising from excessive noise, light, odor and smoke coming from a biomass power plant. The power companies' motions for summary judgment are also partially denied. However, the motions are granted as to the neighbors' claims for nuisances other than noise, vibrations and emissions of particulate matter and continuing nuisance claims based on air quality issues after June 2020. The neighbors presented evidence showing that the county found a violation of the nuisance ordinance with regard to the plant's noise levels and presented evidence showing that the plant routinely had long, loud steam releases.
Court: USDC Middle District of Georgia, Judge: Land, Filed On: June 16, 2023, Case #: 3:21cv42, NOS: All Other Real Property - Real Property, Categories: Negligence, Experts
J. Moore finds that the court of federal claims improperly ruled in takings claims brought by farmers stemming from recurrent flooding because the farmers were improperly denied damages for lost crops. Reversed in part.
Court: Federal Circuit, Judge: Per curiam, Filed On: June 16, 2023, Case #: 21-1849, Categories: Property, Damages
J. Woods partially grants both parties' motions for summary judgment in a contract dispute over the parties' respective rights in the "Fearless Girl" statue unveiled in 2017 facing down the Charging Bull statue on Wall Street. The sculptor has submitted sufficient evidence that a jury could find she lost sales due to the financial firm's refusal to allow additional use of the image she created, due to its desire to align the image with a commitment to increasing gender diversity in corporate leadership rather than a broad connection with gender diversity goals. Further, she did not violate the contract by selling a replica to a Norwegian company. However, the sculptor may be liable for attorneys fees in connection with litigation in Australia between the parties.
Court: USDC Southern District of New York, Judge: Woods, Filed On: June 16, 2023, Case #: 1:19cv1719, NOS: Other Contract - Contract, Categories: Contract
[Consolidated.] J. Ginsburg reverses the district court's holding for the National Marine Fisheries Service on its right whale takings rule that would cost lobstermen $50 to $90 million over the next six years. Contrary to the agency's findings, the Endangered Species Act does not give it the power to "indulge in worst-case scenarios and pick 'pessimistic' values in order to give 'the benefit of the doubt' to the species." Reversed.
Court: DC Circuit, Judge: Ginsburg, Filed On: June 16, 2023, Case #: 22-5238 , Categories: Administrative Law, Environment
J. Palafox conditionally grants mandamus relief to the U.S. Postal Service and a postal carrier who were sued following a vehicle collision. Both the Postal Service and carrier argued that a local electric company and resident should be designated as third parties because they allege that a telephone pole, a rock wall and shrubbery obscured visibility and contributed to the accident, and the parties timely moved to designate them.
Court: Texas Courts of Appeals, Judge: Palafox, Filed On: June 16, 2023, Case #: 08-23-00100-CV, Categories: Civil Procedure, Tort, Vehicle
J. Steigmann finds that the lower court improperly denied the foster parent's motion to intervene in a child neglect case and transferred the case to a tribal court. The parents' objection to the transfer was not nullified by their death, especially in conjunction with the GAL's objection. The private interest factors weigh heavily in favor of Illinois as the preferred forum, rather than the tribal court located in Alaska. Reversed.
Court: Illinois Appellate Court, Judge: Steigmann, Filed On: June 16, 2023, Case #: 220930, Categories: Family Law
J. Busby finds the court of appeals improperly ruled in favor of a mother whose parental rights were terminated by the trial court after that court extended the deadline to hold a jury trial. The court of appeals reversed the trial court’s order, finding that because the court failed to expressly note that the extension was due to extraordinary circumstances the mother is entitled to a dismissal of the case. On petition for review, the Texas Department of Family and Protective Services argues that the trial court was not required to expressly note the reason for the extension. While the Family Code requires the court to identify that an extension is needed in light of extraordinary circumstances, the mother failed to object and raise issues with the trial court's mistake. She, therefore, failed to preserve the right to raise the issue on appeal. Reversed.
Court: Texas Supreme Court, Judge: Busby, Filed On: June 16, 2023, Case #: 22-0420, Categories: Civil Procedure, Jury, Guardianship
J. Young grants a petition for a writ of mandamus filed by a car dealership, finding a trial court’s order for a new trial an abuse of its discretion. After the trial court rendered its judgment in a negligence suit filed by the daughter of an employee of the dealership who was injured after another employee hit her with his car, the daughter asked for a new trial, asserting that instructions to the jury were violated, leading to a less favorable outcome for her. None of the reasons the daughter outlined in her motion for a new trial warranted the trial court’s decision to grant one.
Court: Texas Courts of Appeals, Judge: Young, Filed On: June 16, 2023, Case #: 21-0135, Categories: Jury, Tort, Negligence
J. McConnell finds that the trial court properly found for the city attorney in a defamation case and properly awarded her attorney fees and costs after she prevailed on an anti-SLAPP motion. The individual who brought the defamation case did not timely file a motion to tax the costs outlined in the city attorney's memorandum of costs. Affirmed.
Court: California Courts Of Appeal, Judge: McConnell, Filed On: June 16, 2023, Case #: D080283, Categories: Anti-slapp, Defamation, Attorney Fees
J. Sinatra rules against the state unified court system in claims contending a court attorney's pay grade and job title were reduced after she had been forced to endure sexual harassment and discrimination perpetrated by judges. Judicial immunity does not apply because the alleged harassment did not arise from cases brought before the judges. However, claims seeking money damages are barred by the eleventh amendment.
Court: USDC Western District of New York, Judge: Sinatra , Filed On: June 16, 2023, Case #: 6:21cv6327, NOS: Employment - Civil Rights, Categories: Employment, Judiciary, Immunity
J. Welbaum finds the lower court properly terminated the mother's parental rights and granted permanent custody of her children to family services. She failed to maintain her sobriety throughout her case plan, continued to engage in relationships that exposed her and the children to domestic violence, and could not provide a safe environment for the children, all of whom thrived in foster care. Affirmed.
Court: Ohio Court Of Appeals, Judge: Welbaum, Filed On: June 16, 2023, Case #: 2023-Ohio-2000, Categories: Evidence, Family Law
[Consolidated.] J. Nalbandian finds the lower court erroneously determined the creditor's second bankruptcy notice was untimely filed. Although it fell outside the initial 14-day window, the bankruptcy court extended the filing window after the initial notice was defective. Therefore, the case must be remanded to allow the lower court to consider the merits of the claims properly preserved by the second notice. Reversed.
Court: 6th Circuit, Judge: Nalbandian, Filed On: June 16, 2023, Case #: 20-2273, Categories: Bankruptcy, Civil Procedure