191 results for 'filedAt:"2023-07-28"'.
J. Goldsmith declines to dismiss claims contending defendant infringed U.S. Patent No. 5,862,511, which regards vehicle navigation technology, because the navigation company plausibly alleged the accused systems necessarily infringe normal, similar operations.
Court: USDC Eastern District of Michigan, Judge: Goldsmith, Filed On: July 28, 2023, Case #: 2:13cv11410, NOS: Patent - Property Rights, Categories: Patent
Per curiam, the appellate division finds the trial court improperly dismissed the petition, which sought to preserve information in a storage unit related to a trust. A purported settlement did not render the potential causes of action moot. Reversed.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: July 28, 2023, Case #: CA 22-00390, Categories: Trusts
J. Kahn declines to dismiss a self-represented litigant’s unjust enrichment claim after it was reinstated on appeal. The litigant’s amended complaint, despite its numerous confusing and unhelpful details, sufficiently alleges the defendant failed to return a litter of Bernese Mountain pups valued at $176,114.
Court: USDC Northern District of New York, Judge: Kahn, Filed On: July 28, 2023, Case #: 1:20cv521, NOS: Other Contract - Contract, Categories: Fraud, Contract
J. Thrash grants the executives' motion to dismiss a fraud action brought by the software development company and its foreign affiliates arising after the executives allegedly induced the companies into entering a statement of work despite knowing that the executives' company could not pay for the work performed by the companies. The executives are not subject to personal jurisdiction under Georgia's long-arm statute or the agreement's forum selection clause. The companies also failed to show that the executives were primary participants in the alleged misrepresentations underlying the action.
Court: USDC Northern District of Georgia, Judge: Thrash, Filed On: July 28, 2023, Case #: 1:22cv4540, NOS: Other Fraud - Torts - Personal Property, Categories: Fraud
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J. Clement finds that a preexisting condition is not a bar to the receipt of workers’ compensation benefits in this suit brought by the nursing facility employee who fell off a ladder after being electrocuted while wiping off a light fixture with a damp rag. She returned to work after the hospital found no injury and her family doctor later diagnosed her with a concussion. Her condition has degenerated, resulting in seizures, mental health issues and an inability to work. She has admitted to repeated physical and emotional abuse by her first husband, and to being disowned by her mother, church community and friends who were unsupportive of the divorce. She also lost custody of her children. There is no evidence in the record that she had experienced seizures or took any time off work between her divorce and the workplace fall as a result of these past experiences. Cited legal tests conflict with the principle that a preexisting condition is not a bar to eligibility for workers’ compensation benefits. The magistrate’s findings are vacated. The Court of Appeals’ judgment is reversed and remanded.
Court: Michigan Supreme Court, Judge: Clement, Filed On: July 28, 2023, Case #: 163559, Categories: Employment, Health Care, Workers' Compensation
J. McNulty ruled against the academic support company, which alleged the tech company was responsible for losing its data during a website server crash. The precise relationship between the companies is unclear, in that the tech company also acted as technology advisor and may have had some responsibility to protect the data and may have suggested using a dedicated server for the data.
Court: USDC New Jersey, Judge: McNulty , Filed On: July 28, 2023, Case #: 2:19cv18410, NOS: Other Contract - Contract, Categories: Contract
Per curiam, the appellate division finds the trial court properly convicted defendant of weapons charges and reckless endangerment. Defendant was properly identified by two police officers due to their prior contact with defendant, and the two people who were in the vehicle that was shot at had previously seen defendant in the area of the shooting. Affirmed.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: July 28, 2023, Case #: KA 18-01291, Categories: Weapons
Per curiam, the appellate division finds the trial court properly ruled partially against the physicians in the complaint which alleges the healthcare providers improperly performed pre- and post-ultrasound treatment of the patient. The patient abandoned some of the claims against the radiologist, but deposition testimony failed to establish that the radiologist was not an employee of the hospital. Affirmed.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: July 28, 2023, Case #: CA 21-01179, Categories: Medical Malpractice
J. Nagala denies the insurance policy issuer's motion for summary judgment, ruling the ratification doctrine does not apply to the insurance company. The policy became enforceable as soon as it was issued; therefore, the insurer was required to indemnify the client regardless of whether it accepted the policy, which lacked certain exclusions, and the policy issuer can be held liable on contract claims for its failure to include the exclusions.
Court: USDC Connecticut, Judge: Nagala, Filed On: July 28, 2023, Case #: 3:21cv699, NOS: Insurance - Contract, Categories: Insurance, Contract
Vice Chancellor Zurn grants judgment on the pleadings to a biomedical research and development company and two executives charged with misleading an investor through a repurchase offer. None of the allegations amount to fraud and fraudulent inducement, and the release signed by the shareholder is unambiguous in barring a claim for breach of fiduciary duty.
Court: Delaware Chancery Court, Judge: Zurn, Filed On: July 28, 2023, Case #: 2022-0509-MTZ, Categories: Fraud, Fiduciary Duty
Per curiam, the appellate division finds the trial court improperly suppressed drug evidence seized during a search warrant in a hotel occupied by defendant. The warrant was supported by a confidential informant who was found to be honest and reliable due to past interactions with law enforcement on narcotics investigations. Reversed
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: July 28, 2023, Case #: KA 22-01491, Categories: Drug Offender, Evidence
C.J. Bright finds the trial court erroneously granted the insurer's motion for summary judgment on the injured driver's uninsured motorist claim. Regardless of whether she or her employer rented the vehicle involved in the collision, she was driving a covered vehicle at the time of the accident and was entitled to recover the benefits awarded to the employer. Reversed.
Court: Connecticut Court Of Appeals, Judge: Bright, Filed On: July 28, 2023, Case #: AC45054, Categories: Insurance, Vehicle, Contract
J. Whitehead dismisses without prejudice the consumer's breach of a third-party beneficiary contract claims against the credit union, which alleges that the credit union shared the consumer's personally identifiable information with a third party, which was later subject to a data breach that compromised the consumer's information. The consumer's complaint lacks sufficient factual allegations that may be corrected in an amended complaint that complies with local and civil rules.
Court: USDC Western District of Washington, Judge: Whitehead, Filed On: July 28, 2023, Case #: 2:23cv220, NOS: Other Personal Injury - Torts - Personal Injury, Categories: Class Action, Contract
J. Brennan affirms a district court’s ruling granting immunity from liability to a sheriff’s detective and an Indiana child services caseworker, and against “John Doe” and “A.B.” who were arrested for failure to support a 17-year-old dependent. The couple sued the investigators for alleged privacy violations and emotional distress, arising from the investigators’ disclosures during the dependent neglect probe that Doe was a transgender male who still had female genitalia. The defendants are entitled to qualified immunity, as there is no clearly established right to privacy in one’s sexual preference or gender identity during a criminal or child welfare investigation. The totality of the circumstances provided probable cause for the arrests of Doe and A.B., and the Indiana state law provides the sheriff’s detective with immunity from the couple’s state law claim of intentional infliction of emotional distress. Affirmed.
Court: 7th Circuit, Judge: Brennan , Filed On: July 28, 2023, Case #: 22-1501, Categories: Constitution, Immunity, Emotional Distress
J. Mitchell reverses a circuit court ruling in favor of the Illinois Gaming Board. The lower court erred in dismissing the casino’s complaint that alleged violations of state gambling laws denied owners of the gaming hall the right to compete in a lawful certification process. Reversed.
Court: Illinois Appellate Court, Judge: Mitchell, Filed On: July 28, 2023, Case #: 22-0883, Categories: Government, Licensing, Injunction
J. Brasher finds that the district court improperly denied the district attorney's and assistant district attorney's motion for summary judgment on a false arrest claim in a civil rights and defamation action brought by two attorneys who were arrested after refusing to turn over a client's phone, which was placed in an attorney's bag minutes before police executed a search warrant for child porn on the phone. The attorneys were later acquitted of obstructing governmental operations and refusal to permit an inspection. The DA, ADA and deputies are entitled to qualified immunity because they had arguable probable cause to arrest the attorneys. An officer could have reasonably believed that the attorneys intended to prevent police from examining the phone. However, the DA and ADA are not entitled to state-agent immunity from the defamation claim arising from public statements they made alleging that the attorneys engaged in unethical and criminal conduct. Reversed in part.
Court: 11th Circuit, Judge: Brasher, Filed On: July 28, 2023, Case #: 21-13632, Categories: Civil Rights, Defamation
J. Buchanan finds that defendant must face charges of implied malice murder and felony child endangerment for the death of a newborn she chose to deliver at home without assistance. Because of recently enacted law providing immunity for acts or omissions during pregnancy, she cannot be tried for choosing an unattended home birth. But she may be prosecuted for post-birth acts or omissions such as not properly clamping the umbilical cord that may have led to the baby's death. Vacated.
Court: California Courts Of Appeal, Judge: Buchanan, Filed On: July 28, 2023, Case #: D081640, Categories: Murder
J. Fischer adopts a "flexible approach to admitting expert testimony," finding that construction equipment maker Caterpillar may not stop an injured excavator driver from presenting expert testimony alleging manufacturing defects caused the injuries he suffered when a spike tooth on the excavator bucket broke off on a rock and ricocheted, piercing through the closed cab of the vehicle and hitting him in the leg, fracturing his right tibia and fibula. Even though the projectile spike tooth and excavator were not preserved as evidence, the experts may utilize photo evidence for analysis at this stage of litigation.
Court: USDC Western District of Pennsylvania, Judge: Fischer, Filed On: July 28, 2023, Case #: 2:21cv956, NOS: Motor Vehicle Product Liability - Torts - Personal Injury, Categories: Consumer Law, Negligence, Product Liability
Per curiam, the appellate division finds the trial court improperly allowed the complaint to proceed, alleging that the construction company failed to pay the subcontractor for additional work on concrete. The price in the subcontract was a set price and not contingent on psi strength, and so the contractor was not liable for the extra payment when the psi strength was found to be lower than expected. Reversed.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: July 28, 2023, Case #: CA 22-01626, Categories: Construction
Per curiam, the appellate division finds the trial court improperly dismissed the foreclosure complaint. Mortgage foreclosure actions are subject to six-year statutes of limitations, and the tolling in this case began when the bankruptcy proceeding began. Reversed in part.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: July 28, 2023, Case #: CA 21-01624, Categories: Banking / Lending
J. Cypher affirms the denial of the defendant’s motion for a new trial, which the defendant requested based on blood and DNA trial evidence that he argues is unreliable. The blood and DNA evidence was only part of the evidence used, and other evidence included numerous statements by the defendant, including threatening statements to the victim and his loved ones and telling police he expected them when they showed up to arrest him.
Court: Massachusetts Supreme Court, Judge: Cypher, Filed On: July 28, 2023, Case #: SJC-13312, Categories: Dna, Evidence, Murder
J. Stranch finds the lower court erroneously denied the arresting officers' motion for summary judgment on the grounds of qualified immunity as it pertained to the detainee's arrest. Statements made by the prosecutor and several witnesses about her blatant attempts to intimidate a witness as she went into a courtroom gave them probable cause to arrest her without a warrant. Meanwhile, because the Michigan State Police defendants took no steps to ensure the detainee received a probable cause hearing during her 96-hour detention and failed to present any evidence of extraordinary circumstances that would have allowed for such a lengthy detention without a hearing, those defendants were properly denied immunity as it relates to the due process claims. Affirmed in part.
Court: 6th Circuit, Judge: Stranch, Filed On: July 28, 2023, Case #: 22-1973, Categories: Civil Rights, Immunity, Due Process
j. Kovner declines to overturn a jury’s verdict that found New York City liable for Fourth Amendment violations and malicious prosecution claims brought by the owner of a string of city-based pawn shops and awarded the owner $1 million in damages. The jury agreed with the owner’s allegations that New York City Police Department had an official policy or custom of seizing their branches’ respective customer buy books plus customers’ collateral without a warrant or consent following the company’s decision to stop participating in the city’s LeadsOnline program. The court finds the jury’s decision was justified based on the evidence presented at trial, including witness testimony regarding damages that claimed the company’s financial losses during the time were a direct result of the department’s actions.
Court: USDC Eastern District of New York, Judge: Kovner, Filed On: July 28, 2023, Case #: 1:13cv1686, NOS: Other Civil Rights - Civil Rights, Categories: Malicious Prosecution, Damages, Police Misconduct
J. Alexander finds the appeals court properly upheld the award of damages to the truck driver for lost wages after he was fired for expressing concerns about the safety of his employer's vehicles. The employer provided no rebuttal evidence for the driver's testimony about his pay rate, length of unemployment, or the number of miles he averaged per week while driving for the employer. Although the driver did not provide specific evidence to support his unpaid wages claim, the jury was in the best position to determine his credibility, and the lack of rebuttal evidence made the award reasonable and supported by the evidence in the record. Affirmed.
Court: Connecticut Supreme Court, Judge: Alexander, Filed On: July 28, 2023, Case #: SC20718, Categories: Jury, Damages, Employment Retaliation
J. Long finds the trial justice properly upheld defendant town's enactment of an emergency moratorium ordinance, which paused the town’s review of the plaintiff’s solar-field projects. The solar-field submissions did not vest pursuant to Rhode Island law. Affirmed.
Court: Rhode Island Supreme Court, Judge: Long, Filed On: July 28, 2023, Case #: 20-244, Categories: Administrative Law
Per curiam, the appellate division finds the trial court improperly dismissed the complaint, which alleges the employee tripped and fell after she stepped on a metal air intake grate near a highway. The state legislature did not intend to exclude sidewalks from a relevant highway negligence law, and the county failed to show it had no constructive notice of any alleged sidewalk defect. Reversed.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: July 28, 2023, Case #: CA 22-00289, Categories: Negligence