120 results for 'filedAt:"2023-07-11"'.
J. Brown finds a lower court properly dismissed the Arizona Republican Party's motion to appeal a ruling in favor of a county. The party argued that the State's 2020 voting hand count audit process is defective and inaccurate. However, the county recorder presented sufficient evidence in court that votes are counted via "hand count audit" by party chairs, who then randomly audits polling places. Affirmed.
Court: Arizona Court Of Appeals Division One, Judge: Brown, Filed On: July 11, 2023, Case #: 1 CA-CV 21-201, Categories: Elections
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J. Russell grants an IT company and several of its employees their motion to dismiss a competing tech firm's allegations of breach of contract and unfair competition after the employees left the firm for the company. The firm does not sufficiently show that its former employees breached contract nor perpetrated unfair competition because those rules were in the restrictive covenants section of the contract and are unenforceable. Also, the firm's filing for a declaratory judgment is time-barred.
Court: USDC Maryland, Judge: Russell, Filed On: July 11, 2023, Case #: 1:22cv1988, NOS: Other Contract - Contract, Categories: Unfair Competition, Contract
J. Elrod finds the district court properly granted summary judgment to the insurance company in this dispute over its duty to defend as to coverage for financial losses incurred by Blue Bell over factory shutdowns and recalls caused by a Listeria outbreak. The shareholder derivative action does not allege any “occurrence” or seek “damages because of bodily injury” under the plain language of the contract. There is no colorable argument that the suit seeks damages “for care, loss of services or death” because it only seeks compensation for breach of fiduciary duties. Blue Bell does not argue that such damages are at issue. Affirmed.
Court: 5th Circuit, Judge: Elrod, Filed On: July 11, 2023, Case #: 22-50842, Categories: Insurance, Fiduciary Duty
J. Breedlove finds that the lower court properly ruled in favor of the taxing units in this suit to collect allegedly delinquent ad valorem taxes owed on business personal property. The appellant restaurant argues that the taxing units did not establish a prima facie case under the tax code, but it failed to adequately preserve this issue for review. Affirmed.
Court: Texas Courts of Appeals, Judge: Breedlove, Filed On: July 11, 2023, Case #: 05-22-00586-CV, Categories: Civil Procedure, Tax
J. Tjoflat finds that the district court improperly granted class certification in a negligence and unfair business practices action brought by customers against the owner of Chili's restaurants arising from a cyberattack in which customer credit and debit cards were compromised. Two of the three named customers visited the restaurant outside the at-risk timeframe and therefore fail to allege that their injuries were traceable to the owner's action. Vacated in part.
Court: 11th Circuit, Judge: Tjoflat, Filed On: July 11, 2023, Case #: 21-13146, Categories: Negligence, Business Practices, Class Action
J. Wilson grants $59,000 in attorney fees to the United Kingdom company for its trademark claim against the collectibles store. Aside from the listed reductions, the collectibles store does not prove that the hours the United Kingdom company’s attorneys submitted are unreasonable, as the attorneys have decades of law experience.
Court: USDC Central District of California, Judge: Wilson, Filed On: July 11, 2023, Case #: 2:05cv6539, NOS: Trademark - Property Rights, Categories: Trademark, Attorney Fees
J. Fowlkes denies the defendant supplier's motion to stay and refer the matter to the Surface Transportation Board for resolution of certain questions. The case concerns a "complex commercial dispute between three parties, each representing a different step in the railroad supply chain." The plaintiff railroad contends that the defendants are liable for certain "unpaid demurrage charges." Referral to the board would be premature at this point, as the questions at issue involve "facts not established in the record."
Court: USDC Western District of Tennessee , Judge: Fowlkes, Filed On: July 11, 2023, Case #: 2:22cv2525, NOS: Other Statutory Actions - Other Suits, Categories: Civil Procedure, Transportation
J. Ashmann-Gerst finds that the trial court erred in denying defendant's petition for an evidentiary hearing after finding that he was guilty of second-degree murder as the actual killer. A jury found he did not personally use a knife in the killing, so he is entitled to a new hearing, and possibly resentencing, to determine whether he is guilty under a currently permissible theory of murder. Reversed.
Court: California Courts Of Appeal, Judge: Ashmann-Gerst, Filed On: July 11, 2023, Case #: B321031, Categories: Murder, Sentencing
J. McKinnon finds that the trial court erred when it responded to jury questions outside of defendant's presence before convicting him of resisting arrest. The questions were about substantive law and defendant was entitled to object, offer alternative responses or add to the record. Reversed.
Court: Montana Supreme Court, Judge: McKinnon, Filed On: July 11, 2023, Case #: DA 21-0466, Categories: Jury, Resisting Arrest
J. Stanfill finds that the lower court improperly calculated the amount of child support in its amended divorce judgment because it imputed an income to the wife "that was higher than her actual income." The issue should be remanded for further proceedings. Vacated in part.
Court: Maine Supreme Court, Judge: Stanfill, Filed On: July 11, 2023, Case #: 2023ME37, Categories: Evidence, Family Law
J. McKinnon finds that the trial court was within its discretion during defendant's DUI and threats trial to admit his sex offender status under the transaction rule. The statement a deputy made about his status was inextricably intertwined with defendant's statements during his arrest that he knew where the deputy, his wife and child lived and went to church. However, pretrial supervision costs were improperly imposed without considering defendant's ability to pay. Affirmed in part.
Court: Montana Supreme Court, Judge: McKinnon, Filed On: July 11, 2023, Case #: DA 21-0405, Categories: Evidence, Threats, Dui
J. Wallace vacates a district court dismissal of a claim brought against the City of Pasadena and several of its police officers. The lower court improperly dismissed the matter for lack of standing involving a police interaction that resulted in the death of an individual.
Court: 9th Circuit, Judge: Wallace , Filed On: July 11, 2023, Case #: 20-56003, Categories: Civil Rights, Police Misconduct
J. Stewart finds the court of appeals lacked jurisdiction to consider the merits of the park board's appeal from a decision regarding appropriation proceedings. The trial court's decision to deny the property owner's motion for summary judgment did not constitute a final, appealable order. Vacated.
Court: Ohio Supreme Court, Judge: Stewart, Filed On: July 11, 2023, Case #: 2023-Ohio-2332, Categories: Government, Property, Jurisdiction
J. Delaney holds that the trial court properly denied an airplane parts manufacturer's motion for summary judgment. California's collateral order doctrine does not allow the manufacturer to file an appeal based on the statute of repose in the federal General Aviation Revitalization Act because the denial order did not direct a money payment or the performance of an act.
Court: California Courts Of Appeal, Judge: Delaney, Filed On: July 11, 2023, Case #: G062374, Categories: Civil Procedure, Product Liability
J. Dries finds in favor of the village in a lawsuit from two property owners claiming violations of their constitutional rights because the village required them to apply for a conditional use permit to develop their property under current zoning conditions, a process the property owners claim is futile and based in part on malice from a village board member with whom they previously had business dealings. The property owners' takings, equal protection and due process claims all fail because they are either unsupported by the evidence or unripe, in part because the property owners have not applied for the conditional use permit they insist will be rejected. The property owners' claim for punitive damages also fails because they have not brought any strong evidence of personal animus on behalf of the board member. The village and board member's motion for summary judgment is granted and the case is dismissed.
Court: USDC Eastern District of Wisconsin, Judge: Dries, Filed On: July 11, 2023, Case #: 2:21cv544, NOS: Other Civil Rights - Civil Rights, Categories: Constitution, Property, Zoning
J. Maxa finds that the lower court properly sentenced defendant following his manslaughter and robbery convictions. Defendant claims the lower court did not consider his youth when sentencing him, but the record shows the court considered all of the statements and testimony from the proceedings and weighed all the factors properly before passing the sentence. The sentence also fell within the standard range, so there is no relief that can be given. Affirmed.
Court: Washington Court Of Appeals, Judge: Maxa, Filed On: July 11, 2023, Case #: 57572-8-II, Categories: Robbery, Sentencing, Manslaughter
J. Tymkovich finds that the lower court properly denied qualified immunity to an officer in an excessive force dispute. The officer used his knee to strike a pretrial detainee at a jail when the detainee was seated on the ground and handcuffed, and it is clear at this stage that the knee strike was excessive and that the officer cannot be shielded by immunity. The lower court did, however, improperly deny immunity to the sheriff. There was no way for the sheriff to know at the time of the incident that his supervision over the officer was deficient, as there is no evidence that there was a pattern of violence against inmates by jail staff. Reversed in part.
Court: 10th Circuit, Judge: Tymkovich, Filed On: July 11, 2023, Case #: 22-5086 , Categories: Immunity, Police Misconduct
J. Simons finds that the trial court misapprehended statute when it held an employer was not required to reimburse employees for expenses they incurred setting up home offices during Covid-19 stay-at-home orders. Even if the state orders were the intervening cause of the home office expenses, the expenses were still a direct consequence of the employer's requirement that employees discharge their duties. Reversed.
Reversed.
Court: California Courts Of Appeal, Judge: Simons, Filed On: July 11, 2023, Case #: A165390, Categories: Employment, Covid-19
J. Vitter denies summary judgment to a company that owns an offshore diving vessel on its argument that it cannot be held vicariously liable by its seafaring employee for a shipboard medic who allegedly misdiagnosed the seaman as seasick, three days before a hospital found he suffered a stroke. His employer unsuccessfully argued that because the medic was an independent contractor and the company had relinquished all control over his work, there can be no implication of vicarious liability. The ruling holds the vessel owner had a “non-delegable duty to provide prompt and adequate medical care to its seamen.”
Court: USDC Eastern District of Louisiana , Judge: Vitter, Filed On: July 11, 2023, Case #: 2:21cv1348, NOS: Marine - Contract, Categories: Employment, Health Care, Maritime
J. Roemer dismisses claims contending the board of elections and officials wrongfully required candidates who sought to appear on general election ballots to file petitions 23 weeks before the election. The petition deadline does not constitute an undue burden for independent candidates, who are not entitled to learn the identities of major party nominees before declaring their own candidacies, and the deadline is intended to help ensure the integrity of the electoral process.
Court: USDC Western District of New York, Judge: Roemer , Filed On: July 11, 2023, Case #: 1:21cv982, NOS: Voting - Civil Rights, Categories: Elections
J. Richman finds that a homeowners policy provision requiring policyholders to file any lawsuits within one year of any loss or damage was properly applied to an unfair competition cause of action. Though the complaint seeks injunctive relief and not damages for a breach of contract, the limitation applies because the basis of the unfair competition claim is how the insurer handled the policyholder's claim. The insurer did not waive the limitation when it reopened the claim for review. Affirmed.
Court: California Courts Of Appeal, Judge: Richman, Filed On: July 11, 2023, Case #: A163848, Categories: Civil Procedure, Insurance, Unfair Competition