128 results for 'filedAt:"2023-09-25"'.
J. Blakey partially grants a freight company's motion to dismiss wage and lease law violation claims brought by several of the company's former drivers and the trucking contractor group they belong to. The drivers claim the company illegally deducted as much of 73% of their agreed-upon pay rate through various underhanded fees, but the court finds the individual drivers have not sufficiently alleged that the company violated Truth-in-Leasing regulations. The Truth-in-Leasing violation claims stand as to the trucking contractor group as a whole. The individual drivers' wage law violation claims also stand.
Court: USDC Northern District of Illinois, Judge: Blakey, Filed On: September 25, 2023, Case #: 1:22cv910, NOS: Other Statutory Actions - Other Suits, Categories: Transportation, Contract, Labor
J. Kness grants a motion from the defendant estate administrator of a drowned woman to dismiss the plaintiff ship owner's claim of limited liability for the drowned passenger. The woman drowned after falling off the ship owner's vessel on Lake Michigan, and the ship owner claims he has no liability for the death under the Limitation of Shipowner’s Liability Act. The court, however, agrees with the estate administrator that the Act does not apply in this case and dismisses the ship owner's claim.
Court: USDC Northern District of Illinois, Judge: Kness, Filed On: September 25, 2023, Case #: 1:22cv5954, NOS: Other Statutory Actions - Other Suits, Categories: Admiralty, Negligence, Jurisdiction
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J. Seeger grants a dozen families' motion to remand their liability case against gun manufacturers to state court. The families sued the gun manufacturers over their culpability for the July 4, 2022 mass shooting in Chicago suburb Highland Park, when a young man used their products to kill seven people and injure members of the plaintiff families. The court agrees with the families that their cases do not raise a federal issue, and so remands the case to the Lake County circuit court.
Court: USDC Northern District of Illinois, Judge: Seeger, Filed On: September 25, 2023, Case #: 1:22cv6169, NOS: Other Statutory Actions - Other Suits, Categories: Product Liability, Jurisdiction, Firearms
J. Schlitz partially grants Target's motion to dismiss a negligent misrepresentation, warranty and breach of contract class action brought by the consumers under California, Idaho and Illinois consumer protection laws. The action arose after Up & Up cold-and-flu medicine sold by Target which was labeled as non-drowsy made the consumers drowsy when they used it. The consumers' unjust enrichment claim and breach of contract claim as to one consumer are dismissed. One consumer failed to give Target adequate time to cure the breach. However, the consumers' claims to enforce regulations against false and misleading labeling are not preempted by the Federal Food, Drug and Cosmetic Act.
Court: USDC Minnesota, Judge: Schlitz, Filed On: September 25, 2023, Case #: 0:22cv1576, NOS: Other Fraud - Torts - Personal Property, Categories: Consumer Law, Class Action
J. Lynch finds the jury properly convicted defendant of murder and rejected his claim of self-defense because two witnesses who were in the vehicle with the victim testified the victim never threatened defendant and only took his gun out when defendant asked him to, which contradicted defendant's claim he was in fear for his life when he fired his weapon. Meanwhile, the trial court properly denied defendant's motion to merge the murder and kidnapping convictions for sentencing because the offenses involved separate victims and distinct courses of conduct. Affirmed.
Court: Ohio Court Of Appeals, Judge: Lynch, Filed On: September 25, 2023, Case #: 2023-Ohio-3419, Categories: Murder, Self Defense
J. Slaughter finds that the trial court properly ruled for a company accused of violating an ordinance against moving billboards because repairing a billboard that had sustained storm damage did not constitute relocating the billboard. Affirmed.
Court: Indiana Supreme Court, Judge: Slaughter, Filed On: September 25, 2023, Case #: 3S-PL-114, Categories: Zoning
J. Seybert declines to find in favor of the property management firm on a Black receptionist's claims for retaliation and hostile work environment. A jury could conclude that her coworkers' racist comments, including referring to her as "angry Black woman," created a hostile work environment. As well, there are genuine disputes as to whether the firm's reasons for firing her were in retaliation for complaints she made about the behavior or because she was alleged to have engaged in blackmail.
Court: USDC Eastern District of New York, Judge: Seybert, Filed On: September 25, 2023, Case #: 2:20cv5432, NOS: Employment - Civil Rights, Categories: Employment Discrimination, Employment Retaliation
J. Jones dismisses the parent's and child's abuse of process claim from their complaint alleging that the government abused the legal processes to initiate a prosecution of the parent in order to designate the child as an unaccompanied minor when they crossed the U.S. border near El Paso, Texas. The parent alleges that the government had the ulterior motive of designating the child as an unaccompanied minor when charging the parent with illegal entry, but this is an argument against the government's reasons for the charge rather than an argument against the process itself.
Court: USDC Western District of Washington, Judge: Jones, Filed On: September 25, 2023, Case #: 2:22cv1193, NOS: Other Personal Injury - Torts - Personal Injury, Categories: Government, Immigration, Tort
J. Cochran finds that the commissioner of education properly ordered a downward adjustment to the amount of state education aid received by the relator after an audit by the department found that the relator overreported the number of students attending its charter school. The commissioner has authority under the statute to audit charter school records and order adjustments in state aid based on the audit results. The commissioner's decision was supported by evidence, including manual attendance records. Affirmed.
Court: Minnesota Court Of Appeals, Judge: Cochran, Filed On: September 25, 2023, Case #: A23-0064, Categories: Education
J. Boulware grants the online casino’s motion to remand this patent infringement suit brought against its former employee who transferred to the casino full rights to an invention of his involving cashless gaming. The inventor has not satisfied his burden of showing why removal is appropriate, and when original jurisdiction exists under a certain U.S. Code, but the matter was filed in a state court, it may be removed to federal court. The case is to be remanded If, before final judgment, it appears that the district court lacks subject matter jurisdiction.
Court: USDC Nevada, Judge: Boulware, Filed On: September 25, 2023, Case #: 2:22cv2134, NOS: Patent - Property Rights, Categories: Patent, Jurisdiction, Technology
J. Azrack dismisses a securities fraud lawsuit filed against a real estate investment trust alleging false or misleading statements it made in several press releases. Although the trust claimed it was working to maximize its corporate stock value for all stockholders, the deals it ultimately made to sell the company's assets and merge with a non-party benefitted only common stockholders and left preferred stockholders with significant losses when the company's stock value plummeted more than 55% in a single trading day on news of the agreements. The statements, consisting mostly of corporate buzzwords, are immaterial and therefore not actionable.
Court: USDC Eastern District of New York, Judge: Azrack, Filed On: September 25, 2023, Case #: 2:20cv4031, NOS: Securities/Commodities/Exchange - Other Suits, Categories: Securities
J. Frank rules in favor of the manufacturer in a trade secret misappropriation and breach of contract action brought by the company alleging that the manufacturer used the company's proprietary designs and information to develop and design two cell-culture products. The evidence at trial showed that the manufacturer's inventors designed and developed the products independently, without using any of the company's confidential information. The design of the manufacturer's products is fundamentally different from the company's concepts. The company's state law claims are untimely and its eight-year delay in bringing the action against the manufacturer was unreasonable. The delay caused a loss of documentary evidence, including emails, documents and recordings, that prejudiced the manufacturer.
Court: USDC Minnesota, Judge: Frank, Filed On: September 25, 2023, Case #: 0:13cv210, NOS: Patent - Property Rights, Categories: Patent, Trade Secrets, Contract
J. Block rules on four separate motions for summary judgment that seek to unravel a tangle of liability concerning claims stemming from injuries a laborer suffered while operating a piece of construction equipment. The remaining issues to decide at trial are whether the equipment supplier provided defective equipment, whether the equipment was repaired after the laborer filed his claims, whether the rental agreement with the supplier and the laborer's employer provided indemnification coverage for the accident, and whether the court has jurisdiction over the equipment manufacturer.
Court: USDC Eastern District of New York, Judge: Block, Filed On: September 25, 2023, Case #: 1:16cv607, NOS: Other Personal Injury - Torts - Personal Injury, Categories: Product Liability, Indemnification
J. Stranch finds language in the trial court's jury instructions at defendant's trial on charges of improper distribution of controlled substances, including that it was required to find he "deliberately ignored a high probability" his prescriptions were made outside professional practice, comported with the mens rea requirements of the crimes. Affirmed.
Court: 6th Circuit, Judge: Stranch, Filed On: September 25, 2023, Case #: 22-3240, Categories: Drug Offender, Jury Instructions
J. Edison grants, in part, ExxonMobil's motion to exclude expert testimony in its case against a crane company following the collapse of a crane at a California refinery. One expert is limited to testifying only to opinions he included in his expert report, per the rules of civil procedure, while another expert's testimony on an unrelated explosion at the refinery or who the prime contractor was will be excluded as irrelevant and lacking in factual basis.
Court: USDC Southern District of Texas, Judge: Edison, Filed On: September 25, 2023, Case #: 4:21cv3008, NOS: Other Contract - Contract, Categories: Experts, Warranty, Contract
J. Chutkan denies, in part, the Secretary of the Department of the Navy's motion to dismiss an employee's employment discrimination action. The employee has sufficiently pleaded allegations to support her claim for hostile work environment based on her race and sex.
Court: USDC District of Columbia, Judge: Chutkan, Filed On: September 25, 2023, Case #: 1:20cv3015, NOS: Employment - Civil Rights, Categories: Employment Discrimination, Military, Employment Retaliation
J. Wilson denies the employee's petition for review of the administrative review board's decision upholding the administrative law judge's ruling in favor of the employer on the employee's OSHA complaint. The employee alleged that the employer violated the Sarbanes-Oxley Act by firing him for reporting inaccuracies in sales data which he believed violated SEC regulations. The review board correctly found that there was no genuine issue of fact as to whether the employee engaged in protected whistleblower activity. The employee failed to present sufficient evidence to support an inference that a reasonable person in his position would have believed the employer's conduct violated the Act.
Court: 11th Circuit, Judge: Wilson, Filed On: September 25, 2023, Case #: 20-14214, Categories: Employment, Whistleblowers
J. Earl finds that the trial court was within its discretion to deny defendant's multiple requests to substitute counsel. Many of the requests were untimely, disputes with counsel about tactics were not irreconcilable, and any breakdowns of communication were caused by defendant. Also, defendant's 210-year sentence, with 80 years determinate, is not unconstitutional or disproportionate to his crimes. However, his sentence should be modified with an award of 534 days of presentencing custody and worktime credits. Affirmed as modified.
Court: California Courts Of Appeal, Judge: Earl, Filed On: September 25, 2023, Case #: C095100, Categories: Ineffective Assistance, Sentencing, Sex Offender
J. Gardephe grants AMC's motion to dismiss a trademark suit filed by a tax preparation service over the network's depiction in its show "Better Call Saul" of a crooked tax preparation service called "Sweet Liberty Tax Services." The real and fictional businesses both use images of the Statue of Liberty, and a large American flag mural on the exterior of the building. To the extent the TV show used the tax service's marks, they were used in furtherance of the show's plot, highlighting the use of patriotic imagery to hide the characters' tawdry crimes.
Court: USDC Southern District of New York, Judge: Gardephe, Filed On: September 25, 2023, Case #: 1:22cv6526, NOS: Trademark - Property Rights, Categories: Trademark
J. Simon declines to dismiss the mother's negligence claim alleging that the substance abuse center was negligent in allowing her to sleep with her infant son, who was crushed to death by her weight as a result. The negligence claim can proceed because it is focused on the implementation of the center's policies and resource allocations, which are generally the subject of the discretionary function exception of the Federal Tort Claims Act that is significant in this case.
Court: USDC Oregon, Judge: Simon, Filed On: September 25, 2023, Case #: 3:21cv1525, NOS: Other Personal Injury - Torts - Personal Injury, Categories: Government, Negligence, Wrongful Death