167 results for 'filedAt:"2023-08-16"'.
J. Holdridge finds that the lower court improperly denied the bus company's motion to dismiss a negligence action pursuant to the doctrine of forum non conveniens. The lawsuit claims the bus driver failed to safely secure a child's wheelchair, causing him to fall over and suffer a concussion. The accident occurred in Denton County, Texas, and nearly all the witnesses reside in Texas, including the child's medical providers. Reversed.
Court: Illinois Appellate Court, Judge: Holdridge, Filed On: August 16, 2023, Case #: 220360, Categories: Negligence, Jurisdiction
J. Reichek finds that the lower court properly ruled against the appellant in this suit "for money had and received." There was no error in granting summary judgment to the appellees, since the evidence shows that they "did not hold money which in equity and good conscience" belonged to the appellant. Affirmed.
Court: Texas Courts of Appeals, Judge: Reichek, Filed On: August 16, 2023, Case #: 05-21-01101-CV, Categories: Civil Procedure, Evidence
J. Mercier finds that the trial court improperly dismissed defendant's pro se motion to modify or reduce his sentence for child molestation, sodomy and statutory rape convictions. The decision to dismiss was based on a holding by the Georgia Supreme Court related to a layperson's right to represent himself while also being represented by an attorney. The holding was overturned by the Georgia Supreme Court's decision earlier this year in Johnson v. State. Vacated.
Court: Georgia Court of Appeals, Judge: Mercier, Filed On: August 16, 2023, Case #: A23A1186, Categories: Criminal Procedure, Sentencing, Sex Offender
J. Fitzwater denies, in part, a healthcare company, doctor and nurse's motion for summary judgment on a mother's claims regarding the allegedly deficient prenatal care she received while in jail. Although the claims are time-barred as applied to the mother, the claims will proceed on behalf of her twin children.
Court: USDC Northern District of Texas , Judge: Fitzwater, Filed On: August 16, 2023, Case #: 3:20cv45, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Negligence, Medical Malpractice
J. Renner finds that the trial court erred in ordering the arbitration of a car buyer's lemon law and fraudulent inducement claims against the car manufacturer. The equitable estoppel doctrine cannot be used to apply an arbitration provision in the dealership sales contract to the car buyer's claims against the manufacturer, which was not a signatory to the sales contract. Reversed.
Court: California Courts Of Appeal, Judge: Renner, Filed On: August 16, 2023, Case #: C096773, Categories: Arbitration, Consumer Law
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J. Jones finds the district court properly convicted and sentenced defendant for conspiracy to possess with intent to distribute meth and felon in possession of a firearm. Though the offenses are related, and guidelines call for credit for time served, the guidelines are not obligatory. The sentences were treated as concurrent from the day of the second sentencing without accounting for 13 months of back time. Trial counsel argued for the application of guidelines governing sentences handed down while a defendant is currently serving and was not constitutionally obliged to do more. Affirmed.
Court: 5th Circuit, Judge: Jones, Filed On: August 16, 2023, Case #: 20-10478, Categories: Drug Offender, Firearms, Sentencing
J. Kistler finds the trial court properly ruled that individuals' property is not subject to a public easement but is subject to a separate, private easement that does not benefit the individuals. “Plaintiffs have not explained why the land sale contract…is not subject to the doctrine of equitable conversion.” Affirmed.
Court: Oregon Court of Appeals, Judge: Kistler, Filed On: August 16, 2023, Case #: A178269, Categories: Real Estate, Contract
J. Shorr finds the trial court erred in admitting evidence obtained from defendant’s digital devices that led to his murder conviction because the warrant was not sufficiently particular. The state concedes the error. Reversed.
Court: Oregon Court of Appeals, Judge: Shorr, Filed On: August 16, 2023, Case #: A173326, Categories: Evidence, Murder
J. Yegan finds that the trial court improperly entered a preliminary injunction that prohibited a county from removing unpermitted landscaping, boulders and other obstacles to parking on public land near a popular trailhead. Statute and local ordinance authorize the county to remove any encroachment on a public right of way, and the county's removal project is categorically exempt from the requirements of the Environmental Quality Act. Also, removal of the encroachments would not irreparably harm the residents who placed them there. Reversed.
Court: California Courts Of Appeal, Judge: Yegan, Filed On: August 16, 2023, Case #: B322465, Categories: Environment, Property
J. Gorton partially denies an e-commerce company’s motion to dismiss claims brought against it for patent infringement by a tech company. The e-commerce company argues that searching and manipulating a database, monitoring web system usage and tailoring advertising to website users are abstract ideas ineligible for patenting, and this is mostly true, but one of the patents contains an inventive concept that may be patent-eligible.
Court: USDC Massachusetts, Judge: Gorton, Filed On: August 16, 2023, Case #: 1:23cv11351, NOS: Patent - Property Rights, Categories: Patent, Technology
J. Singal partially grants some education professionals’ motion to dismiss claims brought against them by parents who wanted their child to attend school in person and be exempt from the Covid-19 vaccination requirement on religious grounds. The plaintiffs fail to provide substantial evidence that the law backed their viewpoints at the time the school officials did not allow their child to attend school without the vaccine based on a religious exemption.
Court: USDC Maine, Judge: Singal, Filed On: August 16, 2023, Case #: 2:22cv251, NOS: Constitutionality of State Statutes - Other Suits, Categories: Civil Rights, Education, Health Care
J. Hendon finds the trial court improperly granted summary judgment to the insureds in their dispute with the insurance company over the amount of coverage for water damages at their house caused by the failure of old cast iron plumbing. In part because the plain language of the policy holds that the deterioration of the cast iron plumbing was an "act of nature" despite what the insureds argue, the matter is remanded for the trial court to grant summary judgment to the insurance company. Reversed.
Court: Florida Courts Of Appeal, Judge: Hendon, Filed On: August 16, 2023, Case #: 22-1436, Categories: Insurance, Contract
J. Raphael finds that the trial court must revisit its denial of a wife's petition for a domestic violence restraining order. It must make findings on her claims that her estranged husband engaged in a pattern of trying to control her finances, movements and access to communications, which are forms of abuse under the Domestic Violence Protection Act. Reversed.
Court: California Courts Of Appeal, Judge: Raphael, Filed On: August 16, 2023, Case #: E080000, Categories: Family Law
Per curiam, the appellate division finds that the lower court found for the motorcyclist in a motor vehicle suit stemming from an accident with a commercial truck on the issue of liability. The motorcyclist showed that the truck driver caused the accident by failing to yield right-of-way to the motorcycle which had no stop sign. Affirmed.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: August 16, 2023, Case #: 04329, Categories: Vehicle
J. Thapar finds the Kentucky Supreme Court candidates are not entitled to a preliminary injunction to halt proceedings in a lawsuit regarding their potentially illegal campaign activities. They lost their elections in November 2022 and, therefore, will suffer no irreparable harm if the suit is allowed to proceed. Affirmed.
Court: 6th Circuit, Judge: Thapar, Filed On: August 16, 2023, Case #: 22-5938, Categories: Elections, Judiciary, First Amendment
J. Doyle finds that the trial court properly convicted defendant of DUI and driving without a valid license. The trial court correctly found that the results of defendant's state-administered breath test were admissible as evidence. Defendant, who was not fully fluent in English, was able to answer the police officer's questions. Language did not present a barrier to his understanding of the officer's request for a breath test. Defendant failed to show that the inclusion of misleading information in the implied consent notice impacted his decision to provide a breath sample. Although the officer's testimony correlating field sobriety test clues with defendant's intoxication should not have been admitted, the error was harmless in light of the overwhelming evidence of defendant's guilt. Affirmed.
Court: Georgia Court of Appeals, Judge: Doyle, Filed On: August 16, 2023, Case #: A23A0768, Categories: Evidence, Dui
J. Mooney finds the trial court properly declared that the legal nonconforming use of property as a private tennis club had been lost, enjoined the property owners from operating a sports club on that property, and ordered them to use and develop the property in conformity with applicable residential zoning regulations. Affirmed.
Court: Oregon Court of Appeals, Judge: Mooney, Filed On: August 16, 2023, Case #: A173594, Categories: Real Estate
J. Nunley grants, in part, two cherry packing plant workers’ motion for class certification of their labor claims. The workers satisfy class requirements for their claim related to the automatic deduction of 30 minutes from their timecards for meal breaks, despite either not timely receiving the breaks or having them cut short.
Court: USDC Eastern District of California, Judge: Nunley, Filed On: August 16, 2023, Case #: 2:20cv1096 , NOS: Fair Labor Standards Act - Labor, Categories: Class Action, Labor
J. Hicks affirmed granting a motion to dismiss filed by the Department of Transportation, but reversed motions for summary judgment granted to two construction companies against a couple who sued them for failing to clear a clogged catch basin, which caused flooding that led to the couple hydroplaning and suffering a car accident in which they were injured. The orders striking the couple’s expert reports are also reversed. The department is immune from liability in this case because there is no evidence that it knew of the clogged basin and flooding before the accident, and the fact that it owns the highway where it occurred does not make it liable. The opinions of two engineers were struck and the companies’ motions for summary judgment granted because the opinions were considered speculative but the opinions don't have to be flawless. Even if someone else could come to a different conclusion with the information the experts had, a reasonable person could have come to the same conclusions as they did.
Court: New Hampshire Supreme Court, Judge: Hicks, Filed On: August 16, 2023, Case #: 2022-0101, Categories: Vehicle, Experts, Premises Liability
J. Yegan finds that the trial court lacked the authority to reduce a felony wobbler charge of resisting an executive officer to a misdemeanor over the state's objection. The trial court's pretrial order was appealable since it usurped the state's charging authority and violated the constitutional separation of powers. Vacated.
Court: California Courts Of Appeal, Judge: Yegan, Filed On: August 16, 2023, Case #: B326653, Categories: Criminal Procedure, Resisting Arrest
[Consolidated.] J. Horton finds the trial court properly convicted defendant, by guilty plea, for possession of child pornography. Police obtained a search warrant for defendant’s laptop after his girlfriend reported that she discovered child porn, as well as videos of herself and a friend that were recorded without their consent. The girlfriend had implied consent to use defendant’s laptop as he had allowed this many times previously and the Computer Security statute preventing nonconsensual use of another’s devices does not apply. Affirmed.
Court: Texas Courts of Appeals, Judge: Horton, Filed On: August 16, 2023, Case #: 09-22-00043-CR, Categories: Evidence, Search, Child Pornography
J. Connolly finds that claim 5 of U.S. Patent No. 6,911,46, which concerns an epilepsy treatment, is not invalid due to inadequate written description because drug makers seeking to market generic tablets of Briviact failed to prove a skilled artisan would obviously alter levetiracetam in such a way that it would yield a successful anti-seizure compound.
Court: USDC Delaware, Judge: Connolly, Filed On: August 16, 2023, Case #: 1:20cv987, NOS: Abbreviated New Drug Applications (ANDA) - Property Rights, Categories: Patent
J. Wright partially denies the city, county and Department of Natural Resources and their officers' motions to dismiss the protester's suit alleging constitutional violations during protests of the death of Daunte Wright. The protester has standing to bring his claims and to seek injunctive relief, and has plausibly alleged that the county sheriff knew of an unconstitutional pattern of behavior by his subordinates sufficient to overcome a qualified-immunity defense. The protester's Fourteenth Amendment claims are dismissed for failure to state a claim, but his conspiracy claims survive.
Court: USDC Minnesota, Judge: Wright, Filed On: August 16, 2023, Case #: 0:22cv1666, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Immunity, Police Misconduct
J. Grosjean denies, in part, Walmart’s motion to dismiss two individuals' class labor and wage claims. The individuals have sufficiently alleged six of their claims, including for overtime, minimum wage and rest period violations.
Court: USDC Eastern District of California, Judge: Grosjean, Filed On: August 16, 2023, Case #: 1:20cv500, NOS: Other Labor Litigation - Labor, Categories: Labor
J. Newman denies, in part, the government’s motion to dismiss an individual's claims for a $12,000 tax refund and equitable estoppel. The individual followed the proper civil procedure to seek a tax refund return, and has sufficiently alleged his claims.
Court: USDC Eastern District of California, Judge: Newman, Filed On: August 16, 2023, Case #: 2:23cv432, NOS: IRS-Third Party 26 USC 7609 - Federal Tax Suits, Categories: Civil Procedure, Tax
J. Leinenweber denies a Mexican airline’s motion for summary judgment on consolidated negligence, personal injury and emotional distress claims brought by survivors of a plane crash. The airline’s aircraft crashed in Durango, Mexico shortly after takeoff while Illinois residents ultimately bound for Chicago were aboard. The court finds that factual disputes still remain regarding the exact causes of the survivors’ injuries, making summary judgment inappropriate.
Court: USDC Northern District of Illinois, Judge: Leinenweber, Filed On: August 16, 2023, Case #: 1:18cv6303, NOS: Airplane - Torts - Personal Injury, Categories: Negligence, Emotional Distress, Experts