135 results for 'filedAt:"2024-01-04"'.
J. Conrad grants a mortgage company’s renewed motion for preliminary injunction and request for finding of contempt against a similar lender in this ongoing trade secrets and unfair competition suit. The company’s first injunction was granted on Nov. 3, 2023, but the company presents convincing evidence that certain staff members of the lender continued to recruit the company’s workers to itself during litigation and after the injunction date. The company also offers sufficient evidence that the lender stole its confidential information in order to compete directly with it as well as to steal clients.
Court: USDC Western District of North Carolina, Judge: Conrad, Filed On: January 4, 2024, Case #: 3:23cv633, NOS: Defend Trade Secrets Act of 2016 (DTSA) - Property Rights, Categories: Contempt, Trade Secrets, Unfair Competition
Per curiam, the appellate division finds that the lower court improperly granted the guarantor's motion to dismiss the complaint in a landlord-tenant dispute over the tenant's inability to pay its lease after it was required to close during the Covid-19 pandemic. The landlord seeks damages against the guarantor only for amounts that became due outside the Guaranty Law period, which covers the period of March 2020 to June 2021. Therefore, the guarantor may be held liable for the barbershop's failure to pay rent from July 2021 to March 2022. Reversed.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: January 4, 2024, Case #: 00039, Categories: Landlord Tenant
J. Tookey finds that the juvenile court properly granted dependency jurisdiction over the mother’s 1-year-old son. Sufficient evidence supports the court’s determination that the mother’s "substance abuse, mental health, chaotic lifestyle, pattern of unsafe relationships, and failure to keep her home free of domestic violence were current at the time of the jurisdictional hearing; that those conditions impaired or interfered with mother’s ability to safely parent (child); and that those conditions created a current and substantial risk of serious loss or injury to (child).” Affirmed.
Court: Oregon Court of Appeals, Judge: Tookey, Filed On: January 4, 2024, Case #: A181621, Categories: Family Law
J. Winmill denies the defendant insurance company's request to exclude "highly prejudicial evidence" in this breach of contract and bad faith lawsuit stemming from a fatal car collision. The insurance company argues that "evidence of the underlying accident is far too prejudicial to be outweighed by its limited probative value." However, the motion in limine is too broad "at this stage of litigation."
Court: USDC Idaho, Judge: Winmill, Filed On: January 4, 2024, Case #: 1:21cv498, NOS: Other Contract - Contract, Categories: Insurance, Discovery, Contract
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J. Powers finds that the lower court properly declined to bar an attorney from observing testing on his client to determine whether she suffered a traumatic brain injury in a car accident because evidence did not indicate the existence of an industry-wide consensus as to whether the presence of an unobtrusive third party tainted neuropsychological testing. Affirmed.
Court: New York Appellate Divisions, Judge: Powers, Filed On: January 4, 2024, Case #: CV-23-0003, Categories: Negligence, Experts
J. Trauger grants the defendant distillery's motion to dismiss the first amended complaint in this breach of contract action involving the alleged transfer of a liquor distribution franchise. The letter that the distributor sent to the distillery requesting approval of the transfer failed to provide the written notice required by statute. Accordingly, the distributor fails to state a claim against the distillery based on an alleged statutory violation or for breach of contract.
Court: USDC Middle District of Tennessee , Judge: Trauger, Filed On: January 4, 2024, Case #: 3:23cv363, NOS: Franchise - Contract, Categories: Civil Procedure, Contract
J. Helmick grants the federal government's motion for summary judgment, ruling the administrative review board properly considered all of the evidence presented by both the employer and the government regarding payment of subminimum wages to disabled employees; therefore, its decision was not arbitrary or capricious. Because the board's decision was supported by credible evidence and the employer failed to prove the wages were based only on the productivity of the employees, the employer will pay the full amount of liquidated damages requested by the government to the employees.
Court: USDC Northern District of Ohio, Judge: Helmick, Filed On: January 4, 2024, Case #: 3:20cv2325, NOS: Other Statutory Actions - Other Suits, Categories: Administrative Law, Government, Labor
[Consolidated.] J. McShan finds that the lower court properly dismissed plaintiff's action to quiet title to a parcel once part of a his family's massive farmland holdings but which a brother sold to a neighbor after receiving it in an intra-family settlement. Deed descriptions contained in the chain of title were unambiguous, which allowed a surveyor to establish the parcel's western and southern borders. Affirmed.
Court: New York Appellate Divisions, Judge: McShan, Filed On: January 4, 2024, Case #: 535248, Categories: Property
J. Marvel finds for the commissioner of internal revenue in this tax liability dispute because the taxpayers were not entitled to insurance-related deductions and are liable for accuracy-related penalties.
Court: U.S. Tax Court, Judge: Marvel, Filed On: January 4, 2024, Case #: 2024-2, Categories: Tax
J. Bell finds the trial court properly convicted defendant for first-degree murder and sexual assault with the use of a deadly weapon. The 16-year-old victim's corpse was found with a stab wound to the neck, strangled and wrapped in a tarp in a remote area. A used condom with defendant's and the victim's DNA was found near the body. The evidence supports the conviction and the sentence of life with the possibility of parole after 46 years. Any error involving defendant's ex-girlfriend's testimony regarding his propensity for sexual violence is harmless. Affirmed.
Court: Nevada Supreme Court, Judge: Bell , Filed On: January 4, 2024, Case #: 85331, Categories: Evidence, Murder, Sex Offender
J. Robinson grants an aircraft manufacturer's motion to dismiss a former employee's Americans with Disabilities Act claims. The employer sufficiently showed in court that the former aircraft spray painter, who suffers from diabetes and cellulitis, may have disclosed false information concerning a slip and fall on the job, in violation of the company's breach of trust rules.
Court: USDC Kansas, Judge: Robinson, Filed On: January 4, 2024, Case #: 6:22cv1145, NOS: Amer w/Disabilities - Other - Civil Rights, Categories: Ada / Rehabilitation Act, Employment, Labor / Unions
J. Garaufis grants final approval to a $4 million settlement to resolve two consolidated class actions that claim a 3D printer manufacturer made false or misleading public statements, ultimately resulting in heavy investor losses. The court finds the settlement fair, adequate and reasonable. Additionally, the plaintiffs’ counsel are awarded approximately $1.32 million in attorney fees, which accounts for a third of the settlement award.
Court: USDC Eastern District of New York, Judge: Garaufis, Filed On: January 4, 2024, Case #: 1:21cv1920, NOS: Securities/Commodities/Exchange - Other Suits, Categories: Securities, Attorney Fees, Class Action
J. Richardson grants the Tennessee Bureau of Investigation director's partial dismissal motion in this lawsuit brought by a Tennessee resident challenging the constitutionality of the Tennessee Sexual Offender and Violent Sexual Offender Registration, Verification and Tracking Act. The court will dismiss two of the counts brought by the resident under the Due Process Clause. He fails to plausibly assert a violation of his right to travel, and his claim that he did not receive "any notice or opportunity to challenge" his inclusion on the registry is time-barred.
Court: USDC Middle District of Tennessee , Judge: Richardson, Filed On: January 4, 2024, Case #: 3:17cv995, NOS: Other Civil Rights - Civil Rights, Categories: Civil Procedure, Constitution
J. Ceresia finds that the lower court properly ordered a bank, as trustee, to refund legal fees paid out of trust assets. Certain fees were germane to administering the trust, but the bulk related to a plan to reform the trust by removing the requirement that two beneficiary organizations maintain tax-exempt, charitable status, which fell outside the clear language of the decedent's will. Affirmed.
Court: New York Appellate Divisions, Judge: Ceresia, Filed On: January 4, 2024, Case #: 535123, Categories: Trusts
J. Gomez finds the former estate administrator's appeal must be dismissed for lack of jurisdiction because he failed to file the appeal within the state's 49-day appeal deadline. Although he requested an extension of the deadline to file post-trial motions, such a request does not toll the deadline for appeals of a magistrate's decision, which rendered the appeal late by more than two months.
Court: Colorado Court Of Appeals, Judge: Gomez, Filed On: January 4, 2024, Case #: 2024COA3, Categories: Civil Procedure, Wills / Probate, Jurisdiction
J. Pagan finds the trial court correctly concluded that there was not a substantial, unanticipated change in economic circumstances justifying either a modification or termination of the husband’s monthly support obligation to the wife, who had subsequently remarried. The wife and her new husband have a premarital agreement that keeps each person's income separate and the trial court properly considered evidence that the wife and her new husband "rigorously separated their income and assets." Therefore, the wife's financial situation had not changed. Affirmed.
Court: Oregon Court of Appeals, Judge: Pagan, Filed On: January 4, 2024, Case #: A176845, Categories: Family Law
J. Nalbandian finds the lower court properly determined the marijuana retailer's motion to intervene was mooted by a settlement between the city and another retailer. The order of dismissal entered by the court was final and it retained jurisdiction only to enforce the settlement, which did not involve the marijuana retailer. Affirmed.
Court: 6th Circuit, Judge: Nalbandian, Filed On: January 4, 2024, Case #: 23-1262, Categories: Civil Procedure, Settlements, Jurisdiction
J. Johnson answers two certified questions before the court relating to an underlying sexual misconduct dispute at Washington State University. The two questions tie to the issues of whether, under state law, there is a special relationship between a university and its students that gives rise to a special duty of care, and if so, how far exactly does that duty go. The answer to the first question is yes, that duty is recognized under state law and a university must use reasonable practices to protect students from their peers. As for how far that duty goes, it is a duty that exists whenever a student is on campus or is involved in university-related activities.
Court: Washington Supreme Court, Judge: Johnson, Filed On: January 4, 2024, Case #: 101045-1, Categories: Civil Rights, Education
J. Gleason dismisses the pro se litigant's complaint for failing to state a claim on which relief could be granted, but also grants him leave to file an amended complaint. The litigant asserts certain civil rights violations, but the court notes that the "exact nature of Plaintiff's claims is unclear" and states that he "may represent only his own interests" as a self-represented litigant.
Court: USDC Alaska, Judge: Gleason, Filed On: January 4, 2024, Case #: 3:23cv217, NOS: Other Civil Rights - Civil Rights, Categories: Civil Procedure, Civil Rights