164 results for 'filedAt:"2023-08-17"'.
J. Bumb rules in part for executives accused of issuing false and misleading statements regarding the impact of royalty streams and generic drug pricing on company revenue. Trades made by the former CEO do not show motive to defraud since they were made under a 10b5-1 plan; the CEO's and former CFO's comments about overall drug prices do not indicate they knew about price determinations for each drug; and the former CFO was not a member of the drug pricing committee. However, investors plausibly demonstrated the company engaged in a price-fixing scheme for generic drugs by working with competitors.
Court: USDC New Jersey, Judge: Bumb, Filed On: August 17, 2023, Case #: 1:16cv2805, NOS: Securities/Commodities/Exchange - Other Suits, Categories: Securities
J. Hightower partially grants the manufacturer's motion to compel production of documents in a trademark infringement, unfair competition, false advertising and conversion action against the company. The manufacturer alleged that the company sold stolen goods. The company is ordered to produce bank records, financial statements and underlying documents used to prepare a profit spreadsheet. The company is also ordered to produce documents related to customer information. The company is not ordered to reproduce emails in their native format which have already been produced in a PDF file.
Court: USDC Western District of Texas , Judge: Hightower, Filed On: August 17, 2023, Case #: 1:22cv1337, NOS: Trademark - Property Rights, Categories: Trademark, Discovery, False Advertising
J. Crothers finds that the district court properly denied defendant medical center's motion for judgment for future economic damages in a matter in which an individual sued for medical malpractice concerning kidney failure. However, the individual's award of disbursements and costs is reversed and remanded for further proceedings. Affirmed in part.
Court: North Dakota Supreme Court, Judge: Crothers, Filed On: August 17, 2023, Case #: 2023ND153, Categories: Medical Malpractice
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J. Johnson finds the trial court properly granted the foster parents’ motion to strike the uncle’s petition to modify custody, seeking custody himself after the children were removed from their mother and had been placed with the foster family who wanted to adopt them. Though the uncle testified that the foster family is Caucasian, and therefore “cannot show [the Black children] how to be Black Americans,” he has not shown that he has standing and has failed to meet his burden to show that “the child[ren]’s present circumstances would significantly impair [their] physical health or emotional development[.]” Affirmed.
Court: Texas Courts of Appeals, Judge: Johnson, Filed On: August 17, 2023, Case #: 09-22-00411-CV, Categories: Evidence, Family Law, Guardianship
J. Tufte finds that the district court improperly entered criminal judgment on a conditional plea of guilty to actual physical control of a vehicle while under the influence of alcohol. Law enforcement unlawfully searched defendant's vehicle. Reversed.
Court: North Dakota Supreme Court, Judge: Tufte, Filed On: August 17, 2023, Case #: 2023ND155, Categories: Search, Dui
J. Bahr finds that the district court improperly relied on an interim period when analyzing the best interest factors for the parties' children in a matter of parental responsibility. The parts of the amended judgment awarding primary responsibility and decision making authority were correct, but the part awarding attorney fees is reversed. Affirmed in part.
Court: North Dakota Supreme Court, Judge: Bahr, Filed On: August 17, 2023, Case #: 2023ND156, Categories: Family Law, Attorney Fees
J. Tenney holds that the Labor Commission properly upheld an administrative court order for an employer to pay for an injection as part of an injured employee's ongoing treatment for a workplace knee injury that happened years earlier. The employer failed to marshal record evidence that would challenge the Commission's findings that the employee's knee pain was related to the workplace injury.
Court: Utah Court Of Appeals, Judge: Tenney, Filed On: August 17, 2023, Case #: 20220191-CA, Categories: Workers' Compensation
J. Johnson grants the state Republican Party's motion to declare several campaign finance laws unconstitutional. The limit on contributions made by state political parties to county political parties is too far removed from the state's concern of "big-money" donors' support of individual candidates to sufficiently address the problem of quid pro quo corruption and, therefore, must be enjoined. Additionally, the law seeking to limit contributions from state parties to individual candidates is not "closely drawn" to address the corruption problem and sets limits drastically lower than similar ones upheld by the U.S. Supreme Court, while the state has also failed to provide evidence regarding the cost of a typical campaign to support the limits.
Court: USDC New Mexico, Judge: Johnson, Filed On: August 17, 2023, Case #: 1:11cv900, NOS: Constitutionality of State Statutes - Other Suits, Categories: Constitution, Elections, First Amendment
J. Robart grants the pension trust's motion to appoint it as the lead plaintiff in this securities fraud class action accusing Funko and two of its executive officers of not disclosing material facts about Funko's business and operations and artificially inflating its common stock. The pension trust should be the lead plaintiff because it has the largest financial interest in this case, with losses totaling $619,800, and the pension trust established a prima facie showing of typicality and adequacy by proving that it purchased Funko shares and basing its claims on the same legal theories as the rest of the class.
Court: USDC Western District of Washington, Judge: Robart, Filed On: August 17, 2023, Case #: 2:23cv824, NOS: Securities/Commodities/Exchange - Other Suits, Categories: Fraud, Securities, Class Action
J. Wilson finds the trial court properly found that the officer is protected by qualified immunity for shooting the driver six times. The officer attempted to pull the man over to conduct an investigatory stop and was led on a slow-speed chase through red lights and people’s yards, ending with the driver reaching into the bed of this truck after he was told to show his hands. The officer did not know that the man’s hands were empty when he shot him, and his belief that he was reaching for a weapon entitles him to immunity. Affirmed
Court: 5th Circuit, Judge: Wilson, Filed On: August 17, 2023, Case #: 22-30329, Categories: Civil Rights, Immunity, Police Misconduct
J. Goodwin grants in part and denies in part 12 current and former foster care children’s motion for class certification and appointment of class counsel in their civil rights suit challenging “systemic deficiencies” in the state of West Virginia’s child welfare system. Finding the children’s
claims are “tailor-made for class resolution,” the court grants the motion for approval of one general class and one Americans with Disabilities Act subclass, but denies the motion for a kinship subclass. Also, the court appoints seven attorneys, one law firm and two child advocacy groups as class counsel.
Court: USDC Southern District of West Virginia, Judge: Goodwin, Filed On: August 17, 2023, Case #: 3:19cv710, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Government, Class Action
J. Mumin finds that the trial court should not have given a jury a concurrent intent instruction on an attempted murder charge. The evidence does not support the theory that, in his effort to kill his primary target, defendant was trying to create a "kill zone" to kill all the police outside the door of the room where he was hiding. The number of shots defendant fired and the openness of his target area only show he had a conscious disregard for life, not a specific intent to kill. Reversed in part.
Court: California Supreme Court, Judge: Corrigan, Filed On: August 17, 2023, Case #: S271049, Categories: Intent, Murder, Jury Instructions
J. Rickman finds that the trial court properly adopted and incorporated the arbitrator's determination of financial, contempt, custody, litigation expenses and attorney fees issues in a child custody modification dispute between parents. The father agreed to the consent final order of modification and did not seek to set it aside, therefore he cannot reopen the judgment in the appeals court. Affirmed.
Court: Georgia Court of Appeals, Judge: Rickman, Filed On: August 17, 2023, Case #: A23A0695, Categories: Arbitration, Civil Procedure, Family Law
J. Lynch finds that the district court improperly approved the settlement in class claims contending New York Times' automatic renewal policy violates California consumer law. Access codes for free one-month subscriptions to select products were not coupons, and thus provisions of the class action fairness act were not activated, resulting in a "substantial" attorney fee award of $1.25 million. However, lead plaintiff was properly awarded a $5,000 incentive fee. On remand, attorney fees should be recalculated.
Court: 2nd Circuit, Judge: Lynch, Filed On: August 17, 2023, Case #: 21-2556-cv, Categories: Settlements, Consumer Law, Attorney Fees
J. Bruggink denies the parties summary judgement in contract claims concerning transportation services a moving company provided the department of defense because neither party had authority to alter payment terms.
Court: Court of Federal Claims, Judge: Bruggink, Filed On: August 17, 2023, Case #: 18-1539, Categories: Contract
J. England compels arbitration on two brothers’ strict liability, conversion and other claims against a bank related to items missing from their safe deposit box. The parties' contract contains an enforceable arbitration agreement, and the bank did not waive its right to arbitrate.
Court: USDC Eastern District of California, Judge: England, Filed On: August 17, 2023, Case #: 2:22cv1291, NOS: Other Personal Property Damage - Torts - Personal Property, Categories: Arbitration, Conversion, Banking / Lending
J. Seeger grants a pair of law firms’ motions to dismiss legal malpractice claims brought against them by the father of a woman who died in a motorcycle crash. The father was unsatisfied with the law firms’ handling of his daughter’s estate, believing they should have sued the driver of the car his daughter collided with rather than settling with the driver’s insurance company. The court finds the firms owed no duty to the father, however, as he was never the court-appointed independent administrator for his daughter’s estate.
Court: USDC Northern District of Illinois, Judge: Seeger, Filed On: August 17, 2023, Case #: 1:22cv5517, NOS: Other Contract - Contract, Categories: Insurance, Wrongful Death, Legal Malpractice
J. Hudson suspends attorney Jeremy Kaschinske from the practice of law for a minimum of 60 days for failing to competently and diligently handle client matters, to communicate with and respond to communications from clients, to provide clients with information required for informed decision-making, to attend two court hearings with a client without notification or reasonable explanation and to expedite a client's matter, as well as for disclosing confidential communications to opposing counsel, making a knowingly false statement to a client about the status of that client's matter and failing to represent a client.
Court: Minnesota Supreme Court, Judge: Hudson, Filed On: August 17, 2023, Case #: A23-0820, Categories: Attorney Discipline
J. McLeese vacates the trial court's order appointing the mother of an incapacitated individual as the individual's guardian, despite the individual's desire to have one appointed from a court-approved list. Although the trial court considered the individual's best interests, it failed to respect her autonomy. Vacated.
Court: DC Court of Appeals, Judge: McLeese, Filed On: August 17, 2023, Case #: 22-PR-0337, Categories: Family Law, Guardianship