121 results for 'filedAt:"2023-09-18"'.
J. Vargas finds the appeals court properly overturned the trial court's denial of defendant's motion to suppress drugs discovered in a flashlight. Under controlling precedent, a purse is not considered part of a criminal suspect's person for the purposes of conducting a warrantless search upon arrest. At the time of the arrest, the purse was taken from defendant and was not within her immediate control, which prevented a search by the arresting officers, while it is unlikely the jail would have taken apart the flashlight upon defendant's booking, which prevents application of the inevitable discovery doctrine. Affirmed.
Court: New Mexico Supreme Court, Judge: Vargas, Filed On: September 18, 2023, Case #: S-1-SC-37277, Categories: Drug Offender, Search
[Modified.] J. Bromberg replaces the word "reasonable" with the word "strong" to characterize the suspicion of bribery created by grand jury evidence, with no change in judgment. The trial court erred in dismissing a bribery charge against Apple's head of security, who had agreed to donate iPads to the Santa Clara County undersheriff in exchange for concealed carry weapons licenses for Tim Cook's security team. Though defendant nixed the donation after the licenses were issued, “a public official may be bribed with a promise to donate to the official’s office.” Reversed.
Court: California Courts Of Appeal, Judge: Bromberg, Filed On: September 18, 2023, Case #: H049408, Categories: Bribery
J. Azrack rules the Port Jefferson Union Free School District did not violate a 10th-grade student's free speech and equal protection rights when it refused to publish a poem she submitted to her high school's literary magazine. The poem, "Derek Chauvin's Ode to George Floyd: A Dark Sonnet." related her experience to the country's racial tensions following the death of George Floyd in the summer of 2020, which the school worried was too controversial and would "create adverse emotional reactions and strife" among the student body and faculty. The school's decision is legally permitted as it constitutes a "legitimate pedagogical concern" under federal law.
Court: USDC Eastern District of New York, Judge: Azrack, Filed On: September 18, 2023, Case #: 2:19cv1741, NOS: Other Personal Injury - Torts - Personal Injury, Categories: Education, Equal Protection, First Amendment
J. Hillman transfers false adverting claims to Utah concerning promises that the SeroVital supplement would decrease body fat, heighten sex drive, improve mood, and otherwise make users feel significantly younger. While many non-party witnesses reside in New Jersey, most are located in Utah, where the company houses its "nerve center" and manufactures the supplement.
Court: USDC New Jersey, Judge: Hillman , Filed On: September 18, 2023, Case #: 1:19cv20155, NOS: Other Fraud - Torts - Personal Property, Categories: Venue, False Advertising
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J. Reidinger grants a petroleum carrier company's motion for partial summary judgment following allegations of gross negligence brought by a driver after the company's truck caused a crash. The driver, whose car was hit by another car that was in turn hit by the truck, sustained severe injuries and incurred $230,000 in medical costs. However, even though the truck driver was distracted by a cell phone call in a construction zone, he was not speeding and made his best efforts to stop as soon as possible. Therefore, the car driver cannot proceed on his claims.
Court: USDC Western District of North Carolina, Judge: Reidinger, Filed On: September 18, 2023, Case #: 1:21cv158, NOS: Motor Vehicle - Torts - Personal Injury, Categories: Vehicle, Damages, Negligence
J. Adams holds that the trial court erred when it dismissed tenants' class action against a landlord based on a finding that common issues of law or fact did not predominate. The tenants made adequate allegations that their landlord had a common scheme to make Ellis Act evictions and then offer the units for residential purposes. The tenants will have to establish that the landlords' practice of withdrawing units and then offering them on Airbnb constitutes re-rental for residential purposes under the Act and local ordinance. Because the tenants showed a reasonable possibility of common questions of liability under the Act and local ordinance, their related fraud and unfair competition claims are also viable. Also, class treatment is not barred by the requirement that class members must show individualized damages. Reversed.
Court: California Courts Of Appeal, Judge: Adams, Filed On: September 18, 2023, Case #: B308055, Categories: Fraud, Landlord Tenant, Class Action
J. Haines dismisses copyright claims contending Netflix impermissibly used a photograph of plaintiff's tattoo design in the second season of the documentary series "Tiger King." The tattoo, which caricaturized documentary subject Joe Exotic, "along with a Lysol brand aerosol can, illustration of five COVID-19 viruses, and a toilet paper banner with the words 'Quarantine 2020,'" is protected under the fair use act as a social comment on the widespread success of the first season of "Tiger King" during the pandemic.
Court: USDC Western District of Pennsylvania, Judge: Haines, Filed On: September 18, 2023, Case #: 3:22cv131, NOS: Copyrights - Property Rights, Categories: Copyright, Property
J. Casper denies a bike tour company's motion to dismiss claims brought against it by a Salem company relating to the purchase of a defective 15-person bike. The bike tour company claims the court lacks personal jurisdiction, but members of the bike tour company communicated with the Salem company representative while they were in Salem by phone, e-mail and text to transact business.
Court: USDC Massachusetts, Judge: Casper, Filed On: September 18, 2023, Case #: 1:21cv11418, NOS: Other Contract - Contract, Categories: Jurisdiction, Business Practices, Contract
J. Copperhite declines to find in favor of a restaurant on the workers' claim that the restaurant did not properly inform them about how much tip credit they were to get and ultimately underpaid them. A material issue of fact exists as to whether the restaurant provided proper tip notification to the workers and, therefore, whether the restaurant properly offset its minimum wage obligations.
Court: USDC Maryland, Judge: Copperhite, Filed On: September 18, 2023, Case #: 1:21cv2453, NOS: Fair Labor Standards Act - Labor, Categories: Employment, Contract, Labor
J. Hightower issues a discovery order in a civil rights lawsuit brought by a former volunteer chaplain at the Austin Fire Department who alleged his civil rights were violated when he was dismissed over his complaints about what he describes as "men competing against women in sports." Some of the former chaplain's requests are overly broad and should be denied, but he may depose the fire chief again. While the city complains that the chief has already given "extensive" testimony, "a second deposition is not improper when a witness is deposed first in an individual capacity and then in a representative capacity."
Court: USDC Western District of Texas , Judge: Hightower, Filed On: September 18, 2023, Case #: 1:22cv835, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Discovery, First Amendment
J. Chase finds that the trial court should not have denied an insurer's motion for partial summary judgment on a driver's claim that the insurer violated Louisiana law when it acknowledged receipt of the proof of claim but failed to tender payment. In this case, the driver's insurance policy mandates application of North Carolina law. Therefore, Louisiana penalty statutes do not apply to the driver's claims. Reversed.
Court: Louisiana Court Of Appeal, Judge: Chase, Filed On: September 18, 2023, Case #: 2023-C-0559, Categories: Insurance, Contract
J. Aiken denies summary judgment to the mortgage company on the loanee's Oregon Unlawful Trade Practices Act claim in her complaint alleging that the mortgage company made a negative “lender paid expense adjustment," adding to her mortgage balance despite the loanee paying the deferred forbearance balance and having her loan suspended during the Covid-19 pandemic. It is undisputed that the loanee made payments to fully clear her forbearance balance but that it remained on her account after she made the payments, and the loanee establishes that she suffered damages because the forbearance amount on her loan stopped her from refinancing her loan before the interest rates rose beyond her current rate.
Court: USDC Oregon, Judge: Aiken, Filed On: September 18, 2023, Case #: 6:22cv178, NOS: Banks and Banking - Other Suits, Categories: Damages, Banking / Lending, Covid-19
J. Rice grants the insurance company partial summary judgment on the insured's Insurance Fair Conduct Act claims in her complaint alleging that the insurance company must pay for her ongoing treatment for nerve injuries she sustained in an accident with an at-fault, underinsured motorist. The insurance company never claimed or indicated that it thought that the insured's claim was worth more than the $175,000 that the insurance company offered, which is not an insignificant sum of money.
Court: USDC Eastern District of Washington, Judge: Rice, Filed On: September 18, 2023, Case #: 2:22cv177, NOS: Insurance - Contract, Categories: Insurance, Contract
J. Sands partially grants the contractor's and insurer's motion for summary judgment in a breach of contract action brought by the subcontractor alleging violations of the Miller Act and the North Carolina Prompt Payment Act arising from a federal construction project in the Great Dismal Swamp National Wildlife Refuge. The subcontractor failed to show that the contractor breached the agreement by failing to grant change orders. However, there is a dispute of fact as to whether the contractor was entitled to terminate the subcontractor from the agreement. The subcontractor's motion for summary judgment is granted as to the contractor's and insurer's counterclaim for anticipatory repudiation. The subcontractor's motion is denied with respect to its Miller Act claim.
Court: USDC Middle District of Georgia, Judge: Sands, Filed On: September 18, 2023, Case #: 7:20cv255, NOS: Miller Act - Contract, Categories: Contract
J. Brown finds that the trial court improperly ruled that an embryo created in preparation for in-vitro fertilization is marital property and awarded custody of the frozen embryo to the wife in the divorce. The trial court incorrectly applied a blended approach and Georgia's equitable division of property doctrine in making its decision instead of looking to the couple's enforceable agreement as to the disposition of the embryo. The couple intended to donate the embryos if they could not agree on disposition in the future, therefore that intention must be honored. Reversed.
Court: Georgia Court of Appeals, Judge: Brown, Filed On: September 18, 2023, Case #: A23A0896, Categories: Family Law, Contract
J. Gray finds that the lower court properly convicted defendant of sexual abuse of a minor. Defendant's claims on appeal, such as that there was hearsay and prejudicial evidence admitted during trial, are without merit. The testimony admitted was all properly introduced and there is no error on the record that would justify reversal. Affirmed.
Court: Wyoming Supreme Court, Judge: Gray, Filed On: September 18, 2023, Case #: S-23-0002, Categories: Sex Offender
J. Estudillo finds the company president in contempt of violating a court order regarding the equipment seller's original lawsuit alleging that the company president and Bobcat Rentals used the equipment seller's BOBCAT marks without permission. The company president and Bobcat Rentals "flagrantly violated" the order by continuing to use signs and decals with the BOBCAT marks, and they also replicated their trademark infringing website, "Bobcat Rentals Co." The company president must comply with the court's order within 14 days of this order or the company president will pay fines of $500 for each day of continued non-compliance.
Court: USDC Western District of Washington, Judge: Estudillo, Filed On: September 18, 2023, Case #: 3:21cv5886, NOS: Trademark - Property Rights, Categories: Contempt, Trademark