135 results for 'filedAt:"2023-07-07"'.
J. Newsom finds that the district court improperly granted the car owners' motion for class certification in a putative false advertising and fraud class action arising from Ford's claim that its Shelby GT350 Mustang was "track ready." Claims brought by owners under the Texas Deceptive Trade Practices-Consumer Protect Act and for common law fraud under Washington, Tennessee or New York law cannot be certified for class treatment because proving an individual's reliance on Ford's alleged misstatements will require individualized evidence. However, owners alleging claims under the Florida Deceptive and Unfair Trade Practices Act and New York's or Washington's consumer fraud statutes do not need to prove that they relied on any alleged misstatement by Ford. The case is remanded to allow the district court to consider whether the facts support a presumption of reliance for claims under three California laws. Reversed in part.
Court: 11th Circuit, Judge: Newsom, Filed On: July 7, 2023, Case #: 22-10575, Categories: Class Action, False Advertising
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J. Robinson rules an acoustic hailing device company may pursue contract claims alleging that a former employee violated the company's Proprietary Information and Inventions Agreement for Employees by refusing to turn over accounts, drawings and documents. Although two provisions of the agreement were previously found to be void and unenforceable, that does not make the entire agreement void. The agreement includes a severability clause explaining that if one provision is found to be void, it will not affect the other provisions of the agreement.
Court: USDC Southern District of California, Judge: Robinson, Filed On: July 7, 2023, Case #: 3:22cv152, NOS: Defend Trade Secrets Act of 2016 (DTSA) - Property Rights, Categories: Trade Secrets, Contract
J. Millett upholds the district court's ruling against sex worker advocacy groups that challenged the constitutionality of the Allow States and Victims to Fight Online Sex Trafficking Act, which criminalizes those who run an online site that facilitates prostitution of another person. The Act is not overbroad or unconstitutionally vague. Affirmed.
Court: DC Circuit, Judge: Millett, Filed On: July 7, 2023, Case #: 22-5105 , Categories: Communications, Constitution, Technology
J. Childs finds the district court properly dismissed three environmental groups' challenge to a rule by a government-based finance company's creation of a rule that exempts it from reporting its transcripts, minutes and other information from its meetings. The Sunshine Act does not apply to the company because a majority of its board members are appointed to other positions and serve ex officio. Affirmed.
Court: DC Circuit, Judge: Childs, Filed On: July 7, 2023, Case #: 22-5095 , Categories: Corporations, Government, Public Record
J. Walk denies a generator's petition for review of the Federal Energy Regulatory Commission's rejection of its challenge to a transmission-grid operator's $10 million tariff. The tariff was sufficiently detailed.
Court: DC Circuit, Judge: Walk, Filed On: July 7, 2023, Case #: 21-1192 , Categories: Administrative Law, Energy
J. Northcutt finds that the circuit court properly ruled for an appraiser by holding that property leased by the Port Authority is not exempt from ad valorem taxes because the tenant failed to raise issues of merit. Affirmed.
Court: Florida Courts Of Appeal, Judge: Northcutt, Filed On: July 7, 2023, Case #: 2D20-2613, Categories: Property, Tax
J. King finds the lower court properly sentenced the defendant as a career offender. The defendant, convicted of selling drugs, argued that his four previous offenses for distributing drugs were attempted offenses and, therefore cannot count toward career offender status under this circuit's decision in United States v. Campbell. However, drug distribution under South Carolina law is a completed offense rather than an attempted offense. Affirmed.
Court: 4th Circuit, Judge: King, Filed On: July 7, 2023, Case #: 20-4433, Categories: Drug Offender, Firearms, Sentencing
J. Blake affirms a trustee’s motion to dismiss the trust’s remainder beneficiaries’ attempt to require her to provide them with documentation regarding the trust. While they are children of the trustee’s late husband from a prior marriage and would be entitled to the trust if the trustee died, she is only required as the current trustee to maintain the trust’s books and records, not to provide information from those books and records to remainder beneficiaries.
Court: Massachusetts Court Of Appeals, Judge: Blake, Filed On: July 7, 2023, Case #: 22-P-783, Categories: Trusts, Fiduciary Duty
J. Otake dismisses claims against the state and Maui county and its police department alleging that an individual was wrongfully arrested and incarcerated and his son kidnapped and placed into foster care. The state and county agencies have Eleventh Amendment immunity from the claims. Claims against the Maui Police Department and its officers also fail to demonstrate any sufficient allegations of misconduct.
Court: USDC Hawaii, Judge: Otake, Filed On: July 7, 2023, Case #: 1:23cv5, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Government, Police Misconduct
J. Edwards dismisses this appeal from a summary judgment entered in a dispute over the renewal of a mining permit. On appeal, the water works board contends that the permit at issue had expired before the mining company filed its renewal application. However, the board's "appeal to the trial court was taken from a nonfinal order," which deprived it of jurisdiction. Accordingly, the appellate court also lacks jurisdiction to consider the appeal.
Court: Alabama Court of Civil Appeals, Judge: Edwards, Filed On: July 7, 2023, Case #: CL-2022-1059, Categories: Civil Procedure, Environment, Jurisdiction
J. Kelley dismisses billed individuals’ motion to have their counterclaims reconsidered after they were dismissed initially, because they argue that a company tried to force them to pay sales taxes. However, the company repeatedly sending invoices including a sales tax is not the same thing as demanding they pay a sales tax.
Court: USDC Massachusetts, Judge: Kelley, Filed On: July 7, 2023, Case #: 1:20cv11402, NOS: Other Contract - Contract, Categories: Tax, Contract
J. Booth agrees with the lower court’s decision not to admit an attorney to the bar based on his actions, including lying to the court by not telling it that he was not licensed to practice law in Maryland and not seeking admission under special circumstances. This was at a trial where he represented his great-niece in a child custody suit. He also knowingly lied to the court that he had sought that special circumstances admission and that it had been granted, then lied to the bar counsel that he had never practiced law in Maryland. Affirmed.
Court: Supreme Court of Maryland, Judge: Booth, Filed On: July 7, 2023, Case #: C-03-CV-003427, Categories: Sanctions, Attorney Discipline
Per curiam, the Fifth Circuit finds the district court improperly granted the gym’s renewed motion for judgment as a matter of law following a jury verdict in favor of the prospective gym member who was injured by a fall into an empty hot tub during a tour of the facility. The Fifth Circuit draws all reasonable inferences in favor of the jury verdict, which overwhelmingly found the gym to be mostly at fault. All evidence supports the jury’s finding. Reversed and remanded.
Court: 5th Circuit, Judge: Per curiam, Filed On: July 7, 2023, Case #: 22-10182, Categories: Jury, Tort, Premises Liability
J. Soud finds the trial court properly partitioned and distributed the proceeds from the judicial sale of a residential property previously co-owned by the daughter and the mother. The trial court's decision awarding attorney fees to the mother but not the daughter must be affirmed because it cannot be fully reviewed with the available record, in part because there is no transcript of the hearing on attorney fees to determine if the trial court abused its discretion by weighing the equities involved, including whether one of the parties brought frivolous arguments or defenses. The trial court's decision on attorney fees and its final accounting and distribution of the proceeds from the sale are upheld. Affirmed.
Court: Florida Courts Of Appeal, Judge: Soud, Filed On: July 7, 2023, Case #: 23-0010, Categories: Property, Attorney Fees, Contract
J. Currault denies a request by a refinery to dismiss a race and gender workplace discrimination complaint by a Black woman who was fired from the plant. The refinery unsuccessfully argued that the woman’s claims are time-barred because she filed suit 18 days after a 300-day deadline for filing an EEOC charge. Based on the undisputed evidence, the ruling cannot establish that the woman failed to timely deliver her EEOC charge. In addition, the fired employee provided factual information regarding her complaints about women having inadequate facilities, e.g. a shower and restroom, as compared to men.
Court: USDC Eastern District of Louisiana , Judge: Currault, Filed On: July 7, 2023, Case #: 2:23cv858, NOS: Employment - Civil Rights, Categories: Civil Rights, Evidence, Employment Discrimination
J. McEvers finds that the district court properly entered judgment concerning an individual as personal representative of the estate of his mother. The son alleges that the district court’s findings of fact regarding ownership of personal property, whether the real property was maintained, responsibility for administration costs, and the award and offset of damages were incorrect. The district court found that the son breached his duty as the personal representative of the estate by failing to maintain the property. Affirmed.
Court: North Dakota Supreme Court, Judge: McEvers, Filed On: July 7, 2023, Case #: 2023ND124, Categories: Wills / Probate, Contract
J. Burroughs partially grants a former employer’s motion to dismiss its Pakistani former employee’s claims that they discriminated and retaliated against him based on his race, national origin and religion. The former employee waited beyond the statute of limitations to file a lawsuit, and while he did try to resolve the discriminatory and threatening behavior he was subjected to internally, which can account for some of the time it took for him to file a complaint, there was still ample time after he had tried to address the matter internally and management failed to support him where he could have filed a complaint.
Court: USDC Massachusetts, Judge: Burroughs, Filed On: July 7, 2023, Case #: 1:22cv11893, NOS: Civil Rights - Habeas Corpus, Categories: Employment, Employment Discrimination, Employment Retaliation
J. Harris finds partially in favor of the former husband in his multiple challenges to the trial court's judgment in the dissolution of his and the former wife's marriage. Given the abundant record of the husband's severe physical and verbal abuse and threats to the wife, their child and others, as well as the husband's established history of alcohol abuse and issues with explosive anger, the trial court did not abuse its discretion by granting the wife sole parental responsibility and limiting the husband's parental timesharing to supervised visits once per week. The trial court did abuse its discretion, however, by ordering the husband not to consume alcohol and attend Alcoholics Anonymous meetings once per week, as that part of the judgment is "completely untethered" to the best interests of the child in part because the husband has been denied unsupervised visits and has no pathway to them. Affirmed in part.
Court: Florida Courts Of Appeal, Judge: Harris, Filed On: July 7, 2023, Case #: 23-0208, Categories: Family Law, Judiciary