139 results for 'filedAt:"2024-01-25"'.
Per curiam, the appellate division finds that a state inmate was properly found guilty of violating prison rules by throwing food trays at a corrections officer, which hit the guard in the face, because holding the disciplinary hearing outside the inmate's presence did not violate due process, as the inmate had been advised disruptive behavior would result in ejection. Affirmed.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: January 25, 2024, Case #: CV-23-0794, Categories: Due Process, Prisoners' Rights
J. Hoffstadt finds that the trial court properly denied defendant’s motion to dismiss a gang enhancement after changes were made to gang enhancement law but prior to trial. Where a defendant has been indicted but not yet convicted, the trial court has the inherent authority to reconvene a grand jury and resubmit a crime or enhancement so the state can present evidence to support new statutory elements.
Court: California Courts Of Appeal, Judge: Hoffstadt, Filed On: January 25, 2024, Case #: B332361, Categories: Criminal Procedure, Gangs
J. Johnson grants a school safety company’s motion to remand a contract dispute concerning the existence of a contract and establishing whether the technology company was paid in full. The technology company failed to establish evidence of diversity jurisdiction. Therefore, the school safety company’s motion to dismiss is denied and remanded back to the circuit court of Lauderdale County, Alabama.
Court: USDC Northern District of Alabama , Judge: Johnson, Filed On: January 25, 2024, Case #: 3:23cv1364, NOS: Other Contract - Contract, Categories: Jurisdiction, Contract
J. Seybert approves in full a magistrate judge’s report and recommendation and tosses a teacher’s putative class action with claims for fraud, unpaid wages, deceptive business practices and retaliation against an online teaching platform. He alleges the platform engaged in fraud by enticing him to provide English language instruction to students living in China in order to obtain his biometric data for use in its AI technology without his knowledge or consent. The teacher’s claims against the online teaching platform are bound by his arbitration agreement and all other claims against affiliated entities are dismissed for lack of jurisdiction.
Court: USDC Eastern District of New York, Judge: Seybert, Filed On: January 25, 2024, Case #: 2:20cv6370, NOS: Other Labor Litigation - Labor, Categories: Class Action, Employment Retaliation, Labor
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J. Hoffstadt upholds the trial court's grant of summary judgment to a private nonprofit entity known as a Regional Center working on behalf of the Department of Developmental Services. An employee of a residential facility sued the Regional Center after he was assaulted by a developmentally disabled person who had been placed at the facility by the Regional Center. The facility had requested that the Regional Center relocate the developmentally disabled person before the assault, but the Regional Center lacked the ability to control the person and therefore had no duty to control him. And if it did have the ability to control him, its duty would be to him, not the residential facility. Furthermore, if it could control him and therefore had a duty to protect others, imposing liability on Regional Centers would jeopardize their ability to fulfill their role administering the Lanterman Act. Affirmed.
Court: California Courts Of Appeal, Judge: Hoffstadt, Filed On: January 25, 2024, Case #: B323186, Categories: Negligence
Per curiam, the appellate division finds that attorney Ojeaga Adebola Longe may be reinstated following her September 2022 suspension for failing to meet registration requirements because Longe complied with the suspension and demonstrated the requisite character to practice law.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: January 25, 2024, Case #: PM-06-24, Categories: Attorney Discipline
J. Nashold finds the circuit court erred by not deciding whether U.S. Bank had waived its right to arbitration by its conduct through a year of litigating with the consumer over his unpaid debt and instead ordering the issue to be resolved in arbitration. Given the weight of case law from other jurisdictions that is consistent with Wisconsin law, courts must decide the "waiver-by-litigation-conduct" issue unless given parties' arbitration agreement explicitly requires otherwise. The arbitration agreement pertaining to U.S. Bank and the consumer's dispute does not have anything that overcomes the presumption of the court handling the issue, so the case is remanded for the circuit court to decide it. Reversed.
Court: Wisconsin Court of Appeals, Judge: Nashold, Filed On: January 25, 2024, Case #: 2022AP000920, Categories: Arbitration, Debt Collection
J. Popplewell finds a lower court improperly sentenced a Moroccan grains company director to a year in prison for contempt of court. The Moroccan grains company argued that the lower court improperly imposed a worldwide freezing order on its assets in connection to a failed agreement with a Swiss agricultural commodities establishment. However, the Swiss agricultural commodities establishment presented sufficient evidence in court that it attempted to hide its assets in order to avoid paying fines. Affirmed.
Court: Her Majesty's Court of Appeal, Judge: Popplewell, Filed On: January 25, 2024, Case #: CA-2023-323, Categories: Contempt, Evidence, Interference With Contract
[Consolidated.] J. Pallmeyer declines to dismiss multiple TikTok users’ privacy claims against the social media company on the basis of a prior $92 million class settlement in this multidistrict case. The users claim TikTok’s in-app browser illegally and clandestinely harvested their personal and biometric data, and the court finds their claims are similar, but not identical, to claims raised in the initial multidistrict litigation. The court will thus, for now, allow the users’ claims to go forward “on behalf of former settlement class members that arise from conduct related to the in-app browser predating the settlement’s effective date.”
Court: USDC Northern District of Illinois, Judge: Pallmeyer, Filed On: January 25, 2024, Case #: 1:20cv4699, NOS: Other Statutory Actions - Other Suits, Categories: Privacy, Business Practices, Class Action
J. Crabtree grants Blue Cross Blue Shield's motion for summary judgment concerning defamation claims brought by a health insurance billing service. Blue Cross sufficiently showed in court that it did not set out to ruin the health insurance billing service's reputation by investigating submitted claims.
Court: USDC Kansas, Judge: Crabtree, Filed On: January 25, 2024, Case #: 5:19cv4007, NOS: Assault, Libel, & Slander - Torts - Personal Injury, Categories: Fraud, Insurance, Defamation
J. Spain finds that the trial court improperly ruled that the contingent-payment clause in the subcontractor's agreement was enforceable. The contingent-payment clause was unconscionable and "one-sided" since the subcontractor was not given complete information about the project or parties involved. Reversed in part.
Court: Texas Courts of Appeals, Judge: Spain, Filed On: January 25, 2024, Case #: 14-22-00219-CV, Categories: Property, Contract
J. Farbiarz allows plaintiff to continue claims contending a competitor used patented technology in CPR training manikin products because the competitor, while located out of state, works closely with a New Jersey-based distributor, and the competitor has not complained that defending this lawsuit in New Jersey would be difficult.
Court: USDC New Jersey, Judge: Farbiarz, Filed On: January 25, 2024, Case #: 2:23cv463, NOS: Patent - Property Rights, Categories: Patent, Jurisdiction
J. Lowy finds that the defendant’s constitutional rights to due process were violated by his involuntary commitment. It is unconstitutional for a pretrial defendant to be detained for an evaluation and observation of competency without a judge finding via clear and convincing evidence that there are no less restrictive means to determine the defendant’s competency to stand trial.
Court: Massachusetts Supreme Court, Judge: Lowy, Filed On: January 25, 2024, Case #: SJC-13455, Categories: Constitution, Due Process, Commitment
Per curiam, the circuit finds that the district court properly sentenced defendant to life plus 20 years and a $500 special assessment for racketeering and murder in aid of racketeering. Defendant argued the plain meaning of the criminal statute permitted a fine instead of life imprisonment on the latter count, but precedent dictates a mandatory minimum life sentence, as lawmakers would not likely intend to impose a fine without prison time. Affirmed.
Court: 2nd Circuit, Judge: Per curiam, Filed On: January 25, 2024, Case #: 21-2487-cr, Categories: Murder, Sentencing, Racketeering
J. Stanfill finds that the lower court improperly determined the father's child support obligation in this case concerning parental rights and responsibilities. The father argues that the lower court erred by including "his employer's cost of providing health insurance to him in his gross income." The court agrees, noting that an in-kind payment can be included "only to the extent that the payment actually reduces a parent's personal living expenses." Vacated.
Court: Maine Supreme Court, Judge: Stanfill, Filed On: January 25, 2024, Case #: 2024ME9, Categories: Civil Procedure, Family Law
J. Nelson grants the environmental management company's motion for a preliminary injunction for its complaint that its former employees misappropriated the company's trade secrets and solicited its employees and customers. The company will likely suffer irreparable harm without a preliminary injunction because the two former employees had access to the company's confidential information and trade secrets, including the company's customer database for multifamily customers, and they could misuse it.
Court: USDC Oregon, Judge: Nelson, Filed On: January 25, 2024, Case #: 3:23cv1004, NOS: Other Contract - Contract, Categories: Trade Secrets, Contract, Injunction
J. Hotten finds the lower court improperly found that evidence is insufficient to support suspension of a driver’s license. A state trooper stopped the driver after observing him cross the white line on a roadway. The driver failed several field sobriety tests but passed a breath test, and was arrested for driving under the influence of alcohol, driving while impaired by alcohol, driving while impaired by drugs, negligent driving, reckless driving, and failing to obey properly placed traffic control device instructions. An Administrative Law Judge (ALJ) found there was sufficient evidence to support the decision to stop the driver and because the driver refused testing after his arrest, his license was properly suspended. The driver appealed to a circuit court, and despite never viewing the dashcam footage of the incident, found there was not sufficient evidence to support the ALJ’s findings. The instant court disagrees with the circuit court’s decision and finds the ALJ made the correct determination.
Court: Supreme Court of Maryland, Judge: Hotten, Filed On: January 25, 2024, Case #: 6a23, Categories: Evidence, Dui
Per curiam, the appellate division finds that attorney Patrina Alesia Ozurumba may be reinstated following her September 2022 suspension for failing to meet registration requirements because Ozurumba complied with the suspension and demonstrated the requisite character to practice law.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: January 25, 2024, Case #: PM-07-24, Categories: Attorney Discipline
J. Somers grants the U.S. dismissal of a bid protest related to a contract to provide support services for the National Charter School Resource Center because the agency agreed to stay the case and take corrective action regarding the solicitation and evaluation process.
Court: Court of Federal Claims, Judge: Somers, Filed On: January 25, 2024, Case #: 23-1661, Categories: Civil Procedure, Contract