162 results for 'filedAt:"2023-09-06"'.
J. Graves finds the district court properly granted the real estate exchange's motion for judgment as a matter of law in this trademark infringement suit. Though evidence that the company's marks are perceived as primarily a personal name was shown, the exchange argued that its use of "Rex" was according to the Latin translation and that its customers perceived it this way. Still, a reasonable jury could find in the company's favor for infringement of the marks before they were federally registered. Affirmed in part. Reversed in part and remanded.
Court: 5th Circuit, Judge: Graves , Filed On: September 6, 2023, Case #: 22-50405, Categories: Evidence, Real Estate, Trademark
J. Barrett finds the Board of Review properly backdated the business owner's claim for unemployment benefits which were originally denied until, after having received pandemic unemployment assistance, it was found that she qualified for regular unemployment assistance. There is substantial evidence to support the Board’s decision to allow backdating of the claims. The Board found that business owner relied on erroneous agency advice and thereby showed good cause for her delay in filing for her total unemployment benefits. The case is remanded to consider the further waiver of backdating beyond fourteen days. Affirmed in part. Remanded in part.
Court: Arkansas Court Of Appeals, Judge: Barrett , Filed On: September 6, 2023, Case #: E-22-305, Categories: Employment, Agency, Covid-19
Per curiam, the Supreme Court of Ohio finds the inmate's petition for a writ of mandamus to compel production of certain documents became moot when the warden's assistant fulfilled the initial request. Furthermore, he is not entitled to statutory damages because he failed to follow up on the initial request prior to filing his petition with this court.
Court: Ohio Supreme Court, Judge: Per curiam, Filed On: September 6, 2023, Case #: 2023-Ohio-3096, Categories: Civil Procedure, Public Record, Damages
J. Fernandez finds the trial court properly entered a final judgment of foreclosure against the homeowner's son, as there is enough evidence to support the trial court's conclusions about an ambiguous life estate deed used to make possible a reverse mortgage between the homeowner's mother and the bank. Affirmed.
Court: Florida Courts Of Appeal, Judge: Fernandez, Filed On: September 6, 2023, Case #: 22-1960, Categories: Foreclosure, Contract
[Consolidated.] J. Siler finds the lower court properly denied the property owner's request for the fair market value of his home after it ruled in his favor on an unlawful takings claim against the county. Supreme Court precedent in Tyler v. Hennepin County allows the owner of a foreclosed home sold at auction to recover only the difference between the sale amount and the owner's debt. Affirmed.
Court: 6th Circuit, Judge: Siler, Filed On: September 6, 2023, Case #: 21-1248, Categories: Property, Real Estate, Damages
Want access to unlimited case records and advanced research tools? Create your free CasePortal account now. No credit card required to register.
Try CasePortal for Free
J. Seymour finds that the lower court properly sentenced defendant following his conviction for sexual abuse of a minor. Defendant claims the lower court improperly applied a series of sentence enhancements, but these claims are without merit. The enhancements were over defendant having "undue influence over his victim," engaging in a pattern of illegal sexual conduct, and offending against a vulnerable victim. All of these enhancements were supported by the evidence. Affirmed.
Court: 10th Circuit, Judge: Seymour , Filed On: September 6, 2023, Case #: 22-7023, Categories: Sentencing, Sex Offender, Child Victims
J. Hsu finds in favor of English singer-songwriter Sam Smith and Normani over their song "Dancing With a Stranger," whose melodic phrase allegedly infringed on another artist's song of the same name. The melodic phrases are not substantially similar and each song's melody has a different shape. The phrase “dancing with a stranger” is not unique enough to be protected by copyright.
Court: USDC Central District of California, Judge: Hsu, Filed On: September 6, 2023, Case #: 2:22cv1508, NOS: Copyrights - Property Rights, Categories: Copyright
J. Ezra orders Texas to move controversial buoy barriers placed in the Rio Grande to block migrants coming from Mexico and enjoins the state from "further constructing or maintaining structures or obstructions in the navigable waters of the United States." The barrier undermines U.S. treaty obligations and is becoming an international issue, as "Mexican officials have also raised humanitarian 'concerns at the highest diplomatic levels.'" The United States is likely to succeed on its claims, not least because Texas has been unable to present "any credible evidence" that the buoys have even "significantly curtailed" border crossings.
Court: USDC Western District of Texas , Judge: Ezra, Filed On: September 6, 2023, Case #: 1:23cv853, NOS: Environmental Matters - Other Suits, Categories: Immigration, International Law, Injunction
J. Messitte grants a gas station its motion to dismiss FMLA violations allegations brought by a former assistant manager when she claimed the station did not accommodate her after she was injured in a car accident. Along with the failure to accommodate, the manager claims that the station failed to reinstate her when she was physically unable to perform certain job duties, then fired her. However, FMLA does not protect her from the station’s actions. She is given leave to file a second amended complaint.
Court: USDC Maryland, Judge: Messitte, Filed On: September 6, 2023, Case #: 8:23cv1482, NOS: Family and Medical Leave Act - Labor, Categories: Employment, Employment Discrimination, Employment Retaliation
J. Soto finds a lower court erred in granting declaratory relief in a dispute over the estate of a deceased woman. Because the woman’s will made clear that she “intended to give equally to her surviving named children all of the property she owned,” this court cannot “look outside the will to find an alternate meaning,” including by delving into apparent “clerical errors” such as references to her “wife” in the will. Reversed.
Court: Texas Courts of Appeals, Judge: Soto, Filed On: September 6, 2023, Case #: 08-23-00019-CV, Categories: Civil Procedure, Wills / Probate, Contract
J. Cartwright declines to dismiss the paper distributor's breach of contract claims based on the interference with transferred insurance assets in the distributor's lawsuit alleging that the pulp and paper company tendered an environmental claim to the paper distributor's insurance companies but prevented the paper distributor from accessing historic insurance assets of the property it purchased from the pulp and paper company. The distributor plausibly alleges that the insurance assets were "intangible property" that were transferred upon the closing of the asset purchase agreement, and that the pulp and paper company breached the agreement by preventing the paper distributor from obtaining coverage under the insurance policies.
Court: USDC Western District of Washington, Judge: Cartwright, Filed On: September 6, 2023, Case #: 3:22cv5743, NOS: Other Contract - Contract, Categories: Insurance, Contract
J. Jordan finds that the district court properly denied defendant's petition for habeas relief from his death sentence for murder. Defendant refused to follow through with his end of a plea agreement by testifying against his co-defendant. Defendant failed to show that he would have honored the plea agreement if his attorneys had done more to convince him to testify. Defendant has therefore not shown that he was prejudiced by his counsels' allegedly deficient performance. Affirmed.
Court: 11th Circuit, Judge: Jordan, Filed On: September 6, 2023, Case #: 22-11459, Categories: Death Penalty, Habeas, Ineffective Assistance
J. Marbley grants the exotic dancers' motion for class certification, ruling that while the tenant agreements signed by the dancers at different clubs may not be identical, they were all subject to similar employment conditions that required them to pay rent to the clubs as a condition of their employment, which satisfies commonality requirements.
Court: USDC Southern District of Ohio, Judge: Marbley, Filed On: September 6, 2023, Case #: 2:15cv2883, NOS: Fair Labor Standards Act - Labor, Categories: Evidence, Class Action, Labor
J. Neeley finds the trial court properly convicted defendant for possession of meth in an amount less than one gram. The court properly overruled defendant’s motion to suppress evidence discovered during a search of his vehicle as he and a passenger were parked in a stranger’s driveway. The officer had probable cause due to his observation of defendant’s unusual movements, speech and demeanor, along with the passenger’s frequent interjections. The behaviors caused the officer to suspect criminal activity. Affirmed.
Court: Texas Courts of Appeals, Judge: Neeley, Filed On: September 6, 2023, Case #: 12-22-00235-CR, Categories: Drug Offender, Evidence, Search
J. Gordon dismisses the federal claims with leave to amend, alleging First, Fourth, Fifth and Fourteenth Amendment violations, brought by the family of a 12-year-old child who was killed in a hostage situation. No federal constitutional violation has been plausibly alleged. State law claims, including negligence, negligent and intentional infliction of emotional distress, wrongful death and negligent supervision and training are not addressed. The family may file an amended complaint curing deficiencies, otherwise the case will be dismissed without prejudice to the state law claims brought in state court.
Court: USDC Nevada, Judge: Gordon, Filed On: September 6, 2023, Case #: 2:22cv1786, NOS: Other Civil Rights - Civil Rights, Categories: Constitution, Negligence, Wrongful Death
J. Schwartz finds that the U.S. should be granted dismissal of a post-award bid protest concerning a contract to provide airlift support services for the air force because the decision was supported by evidence indicating that the bidding company had not submitted a "technically acceptable transition plan."
Court: Court of Federal Claims, Judge: Schwartz, Filed On: September 6, 2023, Case #: 22-1554C, Categories: Contract
J. Schwartz finds for plaintiff in this post-award bid protest concerning a contract to provide architecture and engineering services to the National Aeronautics and Space Administration because the bid evaluation process violated statutory requirements. The U.S. is enjoined from continuing with the award.
Court: Court of Federal Claims, Judge: Schwartz, Filed On: September 6, 2023, Case #: 22-1592C, Categories: Contract
J. Foster partially grants motions for protective orders brought by the employer and the law firm it hired as an outside investigator for an investigation into the employee, a principal who alleges that she was terminated for approving the display of an LGBTQ Pride flag in her school's cafeteria. Also partially granted are the employee's motions to compel seeking documents related to the investigations and to extend discovery and motion deadlines. The employee may depose the law firm's attorney about the investigation, its design, scope and execution, his findings and their factual bases, but any legal advice the attorney may have provided is protected by attorney-client privilege or the work product doctrine.
Court: USDC Minnesota, Judge: Foster, Filed On: September 6, 2023, Case #: 0:21cv2581, NOS: Employment - Civil Rights, Categories: Employment, Privilege, Employment Retaliation
J. Leinenweber denies a Mexican airline's motion for summary judgment on multiple negligence cases, each brought by a survivor of a 2018 airplane crash. The survivors, all of whom were headed from Durango to Chicago, allege suffering multiple physical and emotional injuries when the airline's plane crashed shortly after takeoff. The court finds there are still factual disputes over the causes of these injuries, making summary judgment inappropriate.
Court: USDC Northern District of Illinois, Judge: Leinenweber, Filed On: September 6, 2023, Case #: 1:19cv118, NOS: Airplane - Torts - Personal Injury, Categories: Negligence, Emotional Distress, Aviation
J. Chang partially grants a physical therapy agency's motion to dismiss an insurance company's fraud and securities violation claims. The insurance company claims the therapy agency's buy-out by a financial acquisition company cost investors millions when, only after the merger was complete, the agency and acquisitions company disclosed poor profit projections related to "physical-therapist attrition rates." The court dissects each of the insurance company's claims very particularly, dismissing them in part against individual actors in the therapy agency and acquisitions company, but allowing the claims against other individuals to survive.
Court: USDC Northern District of Illinois, Judge: Chang, Filed On: September 6, 2023, Case #: 1:21cv4349, NOS: Securities/Commodities/Exchange - Other Suits, Categories: Fraud, Insurance, Securities
J. Moore affirms the defendant's indecent-exposure conviction, finding that the defendant's exposure in a partially-enclosed backyard in clear view of a neighbor's back porch constituted exposing himself "in a place where others are present." While that phrase is ambiguous, the defendant's nudity falls within the Legislature's intent to prohibit lewd behavior "that is reasonably capable of being viewed by others, in light of the totality of the circumstances." Affirmed.
Court: Minnesota Supreme Court, Judge: Moore, Filed On: September 6, 2023, Case #: A21-1619, Categories: Sex Offender
J. Nye grants a company's motion to stay discovery until the court issues a decision on the company's motion to dismiss an environmental group's allegations that the company mismanages manure in its facility, which has contaminated local waterways in violation of the Clean Water Act. "The Court finds a stay will promote economy of time and effort for itself, for counsel, and for the parties."
Court: USDC Idaho, Judge: Nye, Filed On: September 6, 2023, Case #: 1:23cv239, NOS: Environmental Matters - Other Suits, Categories: Environment