118 results for 'filedAt:"2024-01-05"'.
J. Sanchez denies a petition for panel rehearing and enters an amended order reversing the district court’s dismissal of the relator's action under the False Claims Act against Dr. Falk Pharma GmbH and drugmaker Valeant Pharmaceuticals International, Inc. The relator claims that Valeant fraudulently obtained two sets of patents related to a drug and used those patents to stifle competition from generic drugmakers. Publicly disclosed facts did not make a direct claim that Valeant committed fraud or permit a reasonable inference of fraud, so the public disclosure bar was not triggered. Reversed.
Court: 9th Circuit, Judge: Sanchez, Filed On: January 5, 2024, Case #: 20-16176, Categories: Health Care, Patent, False Claims
J. Moore finds that the lower court properly entered a judgment enforcing a settlement agreement between the parties. The lower court determined that the appellant must pay the proceeds, even though an impostor had allegedly caused it "to wire the settlement proceeds to the impostor's bank account." There was no error in the ruling, as the appellant "was in the better position to have prevented the fraud." Affirmed.
Court: Alabama Court of Civil Appeals, Judge: Moore, Filed On: January 5, 2024, Case #: CL-2023-0260, Categories: Fraud, Settlements, Contract
J. Kacsmaryk finds for a nonprofit on its Freedom of Information Act case seeking 7.8 million text responses to the government's call for information from those who received a Covid-19 vaccine, including symptoms, adverse events, hospitalization or treatment, and safety issues. Production of the data, which will include the registrant number but redact personal identifying information, is not unreasonably burdensome.
Court: USDC Northern District of Texas , Judge: Kacsmaryk, Filed On: January 5, 2024, Case #: 2:23cv102, NOS: Freedom of Information Act (FOIA) - Other Suits, Categories: Health Care, Public Record, Covid-19
[Consolidated.] Per curiam, the court of civil appeals finds that the lower court improperly terminated the parental rights of the mother and the father to their four children. The record indicates that the mother had stopped using methamphetamine and that she had completed certain classes, as well as counseling. The court also concludes that "there was a viable alternative to the termination of the father's parental rights." Reversed.
Court: Alabama Court of Civil Appeals, Judge: Per curiam, Filed On: January 5, 2024, Case #: CL-2023-0263, Categories: Civil Procedure, Family Law
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[Consolidated.] J. Edwards finds that the lower court improperly entered a child-support order against the mother in these consolidated dependency cases. The record does not show how the lower court calculated the mother's child-support obligation, so that issue must be remanded. The lower court did not err, however, by awarding "sole legal and sole physical custody to the maternal grandmother." Reversed in part.
Court: Alabama Court of Civil Appeals, Judge: Edwards, Filed On: January 5, 2024, Case #: CL-2023-0157, Categories: Civil Procedure, Family Law
J. Baker denies ship owners' motion for summary judgment in a negligence action brought by the stevedore arising from spinal injuries he suffered while working aboard the ship. The stevedore alleged that he was injured while trying to lift a rusty metal hatch cover that had become stuck. The stevedore sufficiently alleged that the owners committed a tortious act or omission in Georgia which satisfies the Georgia long-arm statute by alleging that the owners breached the turnover duty. The torts allegedly committed by the owners happened in Georgia and the owners are subject to personal jurisdiction in Georgia.
Court: USDC Southern District of Georgia, Judge: Baker, Filed On: January 5, 2024, Case #: 4:22cv305, NOS: Marine - Contract, Categories: Negligence, Jurisdiction
J. Cartwright approves of the consent decree between the environmental protection organization and the marina for the former's lawsuit asserting that the latter and others violated the Clean Water Act by discharging pollutants into Puget Sound and Commencement Bay from areas where they store materials. Among other stipulations, the marina and others shall clean up the facility of all loose materials that are either stored or discharged outside the facility, including the area that is west or northwest of the facility's paved parking lot.
Court: USDC Western District of Washington, Judge: Cartwright, Filed On: January 5, 2024, Case #: 3:23cv5432, NOS: Environmental Matters - Other Suits, Categories: Environment, Water
J. Holte finds for the U.S. in claims contending an FBI informant had not been paid for his cooperation because the informant failed to demonstrate the parties had entered an actual contract.
Court: Court of Federal Claims, Judge: Holte, Filed On: January 5, 2024, Case #: 20-865, Categories: Contract
J. Chuang grants Uber’s motions to compel arbitration and dismiss in an underlying employment contract dispute with one of its drivers. The driver claims the rideshare company hacked the app sending her to pick up to various problematic passengers and after she complained they deactivated her account. The court finds that the signing of an arbitration clause in the parties’ contract means the case must be dismissed and go before an arbitrator.
Court: USDC Maryland, Judge: Chuang, Filed On: January 5, 2024, Case #: 8:23cv2149, NOS: Other Contract - Contract, Categories: Arbitration, Employment, Contract
J. Clay finds the lower court properly denied the proposed intervenor's motion to intervene in the class action lawsuit related to property taxes. Once the initial lead plaintiff was denied class certification for untimely claims, the proposed intervenor no longer had any interest in the litigation and could not intervene as a matter of right. Affirmed.
Court: 6th Circuit, Judge: Clay, Filed On: January 5, 2024, Case #: 23-1230, Categories: Civil Procedure, Class Action
J. Cartwright denies the Michigan-based company’s motion for a preliminary injunction for its complaint that the state agency used an unconstitutional law that favors Washington state residents over out-of-state residents to deny the Michigan-based company’s retail cannabis license application for the Social Equity Application Program. The Michigan-based company cannot show a likelihood of success on the merits of its claim, because the Michigan-based company does not cite any Ninth Circuit or Ninth Circuit district court decision that argues that the dormant Commerce Clause prevents a residency preference for a cannabis retail license.
Court: USDC Western District of Washington, Judge: Cartwright, Filed On: January 5, 2024, Case #: 3:23cv6111, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Commerce, Injunction
Per curiam, the court of civil appeals finds that the lower court properly dismissed the appellant's petition against the commissioner of the Alabama Department of Corrections based on improper venue. The appellant fails to show that the case, which concerned the collection of child-support payments from an inmate account, should be heard in Lawrence County. However, the judgment improperly dismissed her petition on sovereign immunity grounds. Affirmed in part.
Court: Alabama Court of Civil Appeals, Judge: Per curiam, Filed On: January 5, 2024, Case #: CL-2023-0289, Categories: Civil Procedure, Immunity, Venue
J. Kelly finds that the trial court improperly ruled in favor of a hospital in a wrongful death suit brought by the daughter of a patient who died while in the hospital's care. The daughter alleges that the hospital acted negligently in monitoring her mother's blood sugar and that the trial court erred by dismissing her claims. The daughter adequately raises a fact issue based on the evidence provided to the trial court; therefore, her claims were wrongfully dismissed. Reversed.
Court: Texas Courts of Appeals, Judge: Kelly, Filed On: January 5, 2024, Case #: 03-22-00465-CV, Categories: Negligence, Wrongful Death
J. Harris finds that the trial court prematurely dismissed claims that a debt collector was not properly registered and bonded when it filed lawsuits against debtors. The debtors are entitled to use discovery to challenge whether deception or an actual error prompted the debt collector to file a statement of correction clarifying its corporate status weeks after suing the debtors. Reversed.
Court: Utah Court Of Appeals, Judge: Harris, Filed On: January 5, 2024, Case #: 20220841-CA, Categories: Debt Collection
J. Bredar grants, in part, a financial service company’s motion for temporary restraining order and preliminary injunction prohibiting two of its former employees from sharing confidential information. The company has shown a likelihood of success on its claim that trade secrets were misappropriated when one of the employees downloaded confidential files and passed them onto the other former employee.
Court: USDC Maryland, Judge: Bredar, Filed On: January 5, 2024, Case #: 1:23cv3446, NOS: Other Contract - Contract, Categories: Trade Secrets, Interference With Contract
J. Moore finds that the lower court improperly entered a judgment against the employer in this case concerning an employee's "work-related back injury" and the employer's responsibility for future medical treatment. The lower court denied the employer's request for relief from a workers' compensation settlement, but it failed to enter written findings of fact and conclusions of law as required. Reversed.
Court: Alabama Court of Civil Appeals, Judge: Moore, Filed On: January 5, 2024, Case #: CL-2023-0340, Categories: Civil Procedure, Workers' Compensation
J. Moore finds that the lower court properly denied defendant's request for pretrial release based on his charge of aggravated discharge of a firearm. Defendant, a felon, allegedly was the target of gunshots, then went home, got a gun, returned to the scene, and fired back when he was shot at again. Given the planning that went into defendant's actions, the state has a strong case that defendant poses a real and present threat to the safety of the community. Affirmed.
Court: Illinois Appellate Court, Judge: Moore, Filed On: January 5, 2024, Case #: 231002, Categories: Firearms, Assault, Bail
J. Agee finds the lower court properly denied the defendant's motion for compassionate release. The defendant has a lengthy criminal record and most recently pleaded guilty to the distribution of more than 500 grams of methamphetamine and possession of a firearm in furtherance of a drug trafficking crime. The defendant argued that the death of his wife from COVID-19 left his minor son without a primary caregiver and created an additional extraordinary and compelling reason justifying an early release. The defendant is not a candidate for release due to the violent nature of his offense, his criminal history, the proximity of prior crimes to the ones for which he is incarcerated, his disciplinary infractions while incarcerated, and his potential danger to the community if released. The defendant did not address whether anyone else was available to care for his son, nor did he show that his release would result in a more stable environment for his child. Affirmed.
Court: 4th Circuit, Judge: Agee, Filed On: January 5, 2024, Case #: 22-6607, Categories: Drug Offender, Firearms, Plea
J. Hodges finds that the trial court properly convicted defendant of child molestation and correctly denied his motion for a new trial. Defendant failed to show that his trial counsel was deficient for failing on numerous occasions to object to alleged hearsay or for failing to properly utilize Department of Family and Children Services records. The decision by defendant's counsel not to object and to instead address the alleged hearsay through cross-examination was a reasonable trial strategy. Counsel's lack of participation at defendant's sentencing does not warrant a new trial or a new sentencing hearing. Defendant failed to show that he was prejudiced by his trial counsel's failure to prevent him from making an inflammatory statement to the court. Affirmed.
Court: Georgia Court of Appeals, Judge: Hodges, Filed On: January 5, 2024, Case #: A23A1780, Categories: Ineffective Assistance, Sex Offender
J. Sanchez finds that the district court properly affirmed the Commissioner of Social Security’s denial of a claimant’s application for supplemental security income. The revised 2017 medical-evidence regulations were valid under the Social Security Act. Affirmed.
Court: 9th Circuit, Judge: Sanchez, Filed On: January 5, 2024, Case #: 23-35096, Categories: Social Security
J. Jackson finds that the trial court imposition of a parole revocation restitution fine was improper since defendant's life sentence for murder did not include the possibility of parole. Also, counsel did not display racial animus by telling him to use street slang, which was valid advice intended to preserve his credibility on the stand. Reversed in part.
Court: California Courts Of Appeal, Judge: Jackson, Filed On: January 5, 2024, Case #: A165198, Categories: Murder, Parole, Restitution
J. Tailor finds that the lower court properly found Chicago police breach its duty to protect a woman from her live-in boyfriend, who came back and killed her after police responded to a domestic violence call. Though the evidence shows the boyfriend was suffering an acute mental health crisis, it also supports a finding he acted knowingly and his actions satisfy the definition of "abuse." The city cannot avoid liability under the Illinois Domestic Violence Act based on officers' perception that the man's actions were not criminal. The jury reasonably awarded the estate $3 million in damages. Affirmed.
Court: Illinois Appellate Court, Judge: Tailor, Filed On: January 5, 2024, Case #: 221232, Categories: Family Law, Damages, Wrongful Death