112 results for 'filedAt:"2023-07-24"'.
J. Pitman declines to dismiss Yeti Coolers' complaint accusing two sister corporations of selling tumblers that violate Yeti's dress rights. The two corporations "have sold dozens, if not hundreds or thousands, of the infringing tumblers into Texas" through a program called "Fulfillment by Amazon." Most district courts have found that repeated purchases through FBA into a state establishes that state's specific jurisdiction over those products, so the court has jurisdiction in this case.
Court: USDC Western District of Texas , Judge: Pitman, Filed On: July 24, 2023, Case #: 1:23cv79, NOS: Trademark - Property Rights, Categories: Trademark, Jurisdiction
J. Lourie finds that the district court properly ruled in claims concerning a patent for an "inhaled solution formulation of treprostinil approved for the treatment of pulmonary hypertension" because the court properly determined valid claims were being infringed.
Court: Federal Circuit, Judge: Lourie, Filed On: July 24, 2023, Case #: 2022-2217, Categories: Patent
Per curiam, the circuit finds that the district court properly convicted defendant, who provides financial advice to professional hockey players and other high-net-worth clients, of diverting money for unauthorized use. The jury was improperly instructed on the credibility of "interested witnesses," including the adviser, but the instruction was not key to the conviction since evidence overwhelmingly established defendant's involvement in several fraudulent schemes. Meanwhile, restitution totaling $16.2 million was properly imposed. Affirmed.
Court: 2nd Circuit, Judge: Per curiam, Filed On: July 24, 2023, Case #: 21-2289, Categories: Fraud, Restitution, Money Laundering
J. Nardini finds that the district court improperly dismissed a request to confirm a rabbinical court's arbitration award on a money dispute for lack of subject matter jurisdiction. While the arbitration agreement had a forum selection clause requiring confirmation in state court, diversity of citizenship was adequately pleaded to allow federal consideration. Furthermore, since the clause was not mandatory, proceedings could continue in the district court. Vacated.
Court: 2nd Circuit, Judge: Nardini, Filed On: July 24, 2023, Case #: 22-1747, Categories: Arbitration, Jurisdiction
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J. Valihura finds that the presiding judge properly declined to recuse himself from defendant's trial even though he previously signed and approved a search warrant in the investigation because the record does not suggest prejudice or bias, and a formal recusal motion had not been made before or during trial.
Court: Delaware Supreme Court, Judge: Valihura, Filed On: July 24, 2023, Case #: 253, 2022, Categories: Judiciary, Due Process
J. Horst finds that the Occupational Safety and Health Appeals Board properly allowed the Division of Occupational Safety and Health to amend a serious accident citation to include an additional violation. The Labor Code allows amendments to an action or appeal after it has been submitted for decision, and the Division is allowed to plead in the alternative. Also, the site where a worker fell 10 feet to the concrete below could be construed as either an unprotected stairwell or floor opening, either of which required railings and toeboards or worker fall protection. Affirmed.
Court: California Courts Of Appeal, Judge: Horst, Filed On: July 24, 2023, Case #: C096386, Categories: Administrative Law
J. Menashi finds that the district court improperly dismissed RICO claims contending plaintiff's brother looted their father's estate as executor. The RICO amendment cited by the brother did not apply to the claims because the alleged instances of fraud did not involve buying or selling securities. Reversed.
Court: 2nd Circuit, Judge: Menashi, Filed On: July 24, 2023, Case #: 21-2105, Categories: Securities, Racketeering
J. McHugh finds that the lower court properly convicted defendants of child abuse crimes after the two took a child to an emergency room covered in bruises and suffering from internal bleeding, despite defendants claiming he had only injured himself by jumping off a bed and landing on a scooter. Defendants raise nearly a dozen issues on appeal, but none of them hold merit. The jury was properly instructed and evidence on the record supports the findings. The sentencing, which was applied well beyond the upper range of the standard guidelines, was properly considered before being passed down. Affirmed.
Court: 10th Circuit, Judge: McHugh, Filed On: July 24, 2023, Case #: 22-5005, Categories: Sentencing, Child Victims
J. Robart grants MultiCare Health System’s motion to quash the patients' subpoena regarding the latter's medical malpractice lawsuit, which alleges that the hospital encouraged two of its neurosurgeons to perform medically unnecessary spinal surgeries in order to collect reimbursement from government health insurance programs. MultiCare is ordered to participate in the parties' jurisdictional discovery with the added provision that the proposed class members' citizenship information is necessary, because the jurisdictional inquiry will need to know if the citizen of the state is in fact a citizen of the United States.
Court: USDC Western District of Washington, Judge: Robart, Filed On: July 24, 2023, Case #: 2:22cv915, NOS: Personal Injury - Medical Malpractice - Torts - Personal Injury, Categories: Discovery, Medical Malpractice, Class Action
J. Riggs dismisses a wrongful death and personal injury suit brought by the spouse of an officer who was killed while attempting to pull over a suspect who was being monitored by Homeland Security Investigations, which had considered arresting him prior to the fatal shooting. While the spouse argues that the suspect was a known danger because of his violent history and his desperation "not to be arrested," these facts nonetheless do not overcome the federal government's sovereign immunity.
Court: USDC New Mexico, Judge: Riggs, Filed On: July 24, 2023, Case #: 2:22cv430, NOS: Other Personal Injury - Torts - Personal Injury, Categories: Government, Immunity, Wrongful Death
J. Silva grants the county's motion to dismiss a wrongful death suit brought by the estate of a man who was killed by officers after failing to comply with commands and driving through the security gate at the Nevada National Security Site, leading officers on a chase. Private security officers were private actors who acted pursuant to their federal contract within a federal jurisdiction, and to the extent they acted with the county and its employees, both parties were jointly under color of federal, not state, law. The county employees have qualified immunity, and the estate does not state a plausible claim for relief.
Court: USDC Nevada, Judge: Silva , Filed On: July 24, 2023, Case #: 2:20cv2359, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Jurisdiction, Wrongful Death
J. Bowen partially grants the county's motion to dismiss a civil rights action arising from the officials' alleged deliberate indifference to the individual's needs and their failure to provide him with prescribed medication while he was in jail. The individual claimed that officials denied him medical care after a fellow inmate kicked him in the crotch and split the skin on his penis. Several claims asserted by the individual improperly include multiple allegations against multiple parties. The individual is therefore ordered to file a second amended complaint to correct the deficiencies.
Court: USDC Southern District of Georgia, Judge: Bowen, Filed On: July 24, 2023, Case #: 3:22cv145, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Prisoners' Rights
J. Young declines to dismiss the investors' securities action against software company Pegasystems and its CEO after the company was ordered to pay more than $2 billion for stealing another company's trade secrets. It can be inferred that the CEO "was aware of, participated in, and directed" Pegasystems' espionage against the other company, and that Pegasystems rewarded the authors of the conspiracy with cash bonuses. The investors sufficiently allege that Pegasystems deceived them when it promised to never use illegal means to acquire a competitor's trade secrets and when it later reassured the investors that the other company's claims were without merit.
Court: USDC Massachusetts, Judge: Young, Filed On: July 24, 2023, Case #: 1:22cv11220, NOS: Securities/Commodities/Exchange - Other Suits, Categories: Fraud, Securities, Class Action
J. Scudder vacates a lower court injunction requiring a prison’s Sexually Dangerous Persons Program to provide a minimum of 7.5 hours of “core” group therapy per week to detainees confined under civil commitment. The injunction is overbroad, inflexible, and beyond what is necessary to remedy a constitutional violation. The lower court must reconsider the scope of its injunction. Vacated.
Court: 7th Circuit, Judge: Scudder, Filed On: July 24, 2023, Case #: 22-1368, Categories: Constitution, Health Care, Injunction
J. Robart vacates the court's prior judgment that concluded that the Church Autonomy Doctrine justified the Christian humanitarian aid organization rescinding its offer to the job applicant because she is a married lesbian. The Christian humanitarian aid organization's decision to rescind the job offer was based on its belief that the job applicant's marriage to another woman equaled her "inability to comply with [World Vision’s] SOC prohibiting sexual conduct outside the Biblical covenant of marriage between a man and a woman," which is facially discriminatory because it targets conduct that would not apply within the context of a heterosexual marriage.
Court: USDC Western District of Washington, Judge: Robart, Filed On: July 24, 2023, Case #: 2:21cv920, NOS: Employment - Civil Rights, Categories: Civil Rights, Employment, Lgbtq
J. Casper allows some claims to proceed in the insurance agent company's complaint alleging that GEICO terminated the parties' agreement, wiped clean all of the company's computer systems and failed to make payments to the agent for insurance policies it wrote. The first-to-file rule doesn't apply in this case because the agent's claim that it was misclassified as an independent contractor in this case has substantial differences from claims made in a similar class action filed in Ohio. Also, the agent's breach of contract claim is plausible as to the wrongful suspension of its business.
Court: USDC Massachusetts, Judge: Casper, Filed On: July 24, 2023, Case #: 1:23cv10325, NOS: Other Contract - Contract, Categories: Insurance, Class Action, Contract