201 results for 'filedAt:"2023-06-15"'.
J. Love finds that the district court did not observe the 24 hour delay to impose sentencing required by La. C.Cr.P. art. 873 after the denial of defendant's motion for a new trial. In this case, defendant did not expressly waive the time delay and challenged the excessiveness of his sentences. Therefore, defendant's sentences are vacated. Vacated in part.
Court: Louisiana Court Of Appeal, Judge: Love, Filed On: June 15, 2023, Case #: 2022-KA-0817, Categories: Criminal Procedure, Sentencing
J. Thrash denies the company owner's and CEO's motion to dismiss a fraud action brought by the relator under the False Claims Act against her former employer alleging that it underwrote government-insured mortgages that were riskier than allowed by the U.S. Department of Housing and Urban Development's Federal Housing Administration. The relator's motion for leave to amend the amended action is granted because there has been no undue delay on the part of the relator and granting leave to amend would not prejudice the company owner.
Court: USDC Northern District of Georgia, Judge: Thrash, Filed On: June 15, 2023, Case #: 1:16cv3812, NOS: Qui Tam (31 U.S.C. § 3729(a)) - Torts - Personal Property, Categories: False Claims
J. Rovner finds that the lower court properly found for the insured in a business insurance coverage dispute related to an Illinois Biometric Information Privacy Act lawsuit against the insured. The language of a catch-all exclusion in the policy is ambiguous on its face, and therefore must be resolved in favor of the insured. Affirmed.
Court: 7th Circuit, Judge: Rovner, Filed On: June 15, 2023, Case #: 22-2313, Categories: Insurance, Contract, Technology
Want access to unlimited case records and advanced research tools? Create your free CasePortal account now. No credit card required to register.
Try CasePortal for Free
J. Saylor denies, in part, a manufacturer's motion for partial summary judgment on its argument that a competitor is barred from challenging the validity of certain patents. There are questions of fact regarding whether the competitor is barred from challenging the validity based on the doctrine of assignor estoppel.
Court: USDC Massachusetts, Judge: Saylor, Filed On: June 15, 2023, Case #: 1:16cv10914, NOS: Patent - Property Rights, Categories: Patent
[Consolidated.] Per curiam, the Fifth Circuit finds the district court properly dismissed a convicted sexually violent predator’s constitutional claims as to his being held in administrative segregation in the Lubbock County Detention Center. Guiding case law states: “absent extraordinary circumstances, administrative segregation … being an incident to the ordinary life of a prisoner, will never be a ground for a constitutional claim” because it “does not constitute a deprivation of a constitutionally cognizable liberty interest.” Affirmed.
Court: 5th Circuit, Judge: Per curiam, Filed On: June 15, 2023, Case #: 22-10382, Categories: Civil Rights, Prisoners' Rights
J. Hodges finds that the trial court improperly dismissed a charge for possession of a firearm during the commission of a crime against defendant after ruling that the statute did not allow defendants charged under its provisions to be tried after June 30, 2022, the date the subsection was repealed. The district attorney was authorized to charge defendant with a felony by accusation at any time between May 4, 2021 and June 30, 2022. The state was also not required to try defendant within the time the subsection was in effect. Reversed.
Court: Georgia Court of Appeals, Judge: Hodges, Filed On: June 15, 2023, Case #: A23A0415, Categories: Criminal Procedure, Firearms
J. Clark finds the lower court erroneously denied the Department of Children and Families' motion to dismiss discrimination claims filed by the Muslim father. The department was entitled to immunity based on the fact it only became involved in the case after the father filed an emergency custody motion against the mother of his children. The father made no allegations the department initiated litigation because of his religion and the department did not initiate removal proceedings on its own; therefore, it was protected by the litigation privilege. Reversed.
Court: Connecticut Court Of Appeals, Judge: Clark, Filed On: June 15, 2023, Case #: AC45265, Categories: Family Law, Immunity, Jurisdiction
J. St. Eve finds that the lower court properly for the city on a firefighter's claims that the city condoned aggressive behavior and a "code of silence" that resulted in her attack by another firefighter. The firefighter failed to present more than evidence of individual misconduct in order to give rise to a valid Monell claim, as there is no record that any other firefighter had ever been violent against another firefighter while on duty before. Affirmed.
Court: 7th Circuit, Judge: St. Eve, Filed On: June 15, 2023, Case #: 22-2022, Categories: Employment, Employment Discrimination
J. McShan finds that the lower court properly held that the state was liable for the actions of two corrections officers who humiliated a prison inmate during a mandatory strip-frisk by having him handle his genitals and buttocks then run his fingers over his gums. While the state argued the guards' actions were motivated by personal animus, they followed work protocols in processing the inmate. Affirmed.
Court: New York Appellate Divisions, Judge: McShan, Filed On: June 15, 2023, Case #: 534706, Categories: Prisoners' Rights
J. Wilson finds the district court properly held the Louisiana failed to establish standing to challenge a National Marine Fisheries Service rule requiring certain shrimping vessels to use turtle excluder devices. The record indicates that Louisiana would not suffer a cognizable injury because the service would provide funding to Louisiana Department of Wildlife and Fisheries for its additional enforcement efforts. Affirmed.
Court: 5th Circuit, Judge: Wilson, Filed On: June 15, 2023, Case #: 22-30799, Categories: Environment, Maritime, Tort
J. Peterson denies the agrochemical company's motion to exclude the testimony of the city's rebuttal expert from the city's lawsuit alleging that the agrochemical company and others manufactured polychlorinated biphenyls (PCBs) that contaminated the Lower Duwamish River and the city's stormwater and drainage systems. The agrochemical company argues that the city's expert is unqualified to render any opinions about the historical alternatives because he does not possess enough knowledge about dielectric fluid, historical alternatives to PCB dielectric fluid or comparing dielectric fluids. However, the expert has nearly 50 years experience working with PCB and non-PCB equipment with electrical utilities and companies, and is a certified hazardous material manager with training as a hazardous materials technician, hazardous materials specialist and on-scene incident commander.
Court: USDC Western District of Washington, Judge: Peterson, Filed On: June 15, 2023, Case #: 2:16cv107, NOS: Torts to Land - Real Property, Categories: Environment, Product Liability
J. Richardson grants the car manufacturer's dismissal motion in this lawsuit concerning a 2021 Nissan Altima, which allegedly suffered from multiple problems, including "stopping while accelerating." The complaint fails to state a claim for breach of contract against the manufacturer, as it does not "plausibly allege the existence of a contract" between the customer and the manufacturer. The customer's claim under the Tennessee Consumer Protection Act will also be dismissed.
Court: USDC Middle District of Tennessee , Judge: Richardson, Filed On: June 15, 2023, Case #: 3:22cv809, NOS: Other Contract - Contract, Categories: Consumer Law, Product Liability, Contract
J. Yu finds that the lower court properly denied an individual, acting as an intervener in the case, his request to toss claims in an underlying dispute challenging the Washington voting rights act of 2018. The case has already been settled by both parties, and the individual moving for the dismissal was not active in the case after his motion was denied. His request is based on an incorrect reading of the statute at hand, and because the case has already been resolved, further review of the merits of the statute is unnecessary. Affirmed.
Court: Washington Supreme Court, Judge: Yu, Filed On: June 15, 2023, Case #: 100999-2, Categories: Civil Rights
J. Smith denies, in part, an allegedly predatorial landlord's motion for partial summary judgment on claims filed by two former female trailer park tenants who claim he pressured them to have intercourse and oral sex in exchange for rent. There are questions of fact that preclude summary judgment on the women's assault, fair housing and invasion of privacy claims.
Court: USDC Northern District of Alabama , Judge: Smith, Filed On: June 15, 2023, Case #: 5:18cv1096, NOS: Housing/Accommodations - Civil Rights, Categories: Landlord Tenant, Privacy, Assault
J. Burkhardt partly grants an insured's request for production of documents concerning a dispute with an insurer over several disability income insurance policies. The insured sufficiently shows that the insurer is obligated to produce information regarding the amount it paid to an independent medical examinations company, which may have conducted a biased probe into his insurance claims for injuries he suffered from accidents beginning in 1982.
Court: USDC Southern District of California, Judge: Burkhardt, Filed On: June 15, 2023, Case #: 3:22cv767, NOS: Insurance - Contract, Categories: Insurance, Discovery
J. Barrett finds that the district court improperly held that congress lacked authority to enact the Indian Child Welfare Act of 1978, which requires that Native American children removed from their homes be placed with other Native American families, because congress has been granted broad power to enact laws related to Native Americans. Reversed in part.
Court: US Supreme Court, Judge: Barrett, Filed On: June 15, 2023, Case #: 21-376, Categories: Constitution, Family Law, Native Americans
J. Taranto finds that the veteran's court improperly declined to change the disability effective date because the veteran would have applied for disability sooner but for threats of court-martial should he reveal information regarding secret testing performed on him with chemical warfare agents. Reversed.
Court: Federal Circuit, Judge: Taranto, Filed On: June 15, 2023, Case #: 2019-2211, Categories: Veterans, Military
J. Wallach finds the trial court improperly quashed the state's firearm charge against defendant after erroneously finding it did not allege a criminal offense. The state sufficiently alleges defendant violated the law by operating a vehicle while intoxicated while in the possession of the firearm. Reversed.
Court: Texas Courts of Appeals, Judge: Wallach, Filed On: June 15, 2023, Case #: 02-23-00001-CR , Categories: Evidence, Firearms, Dui
J. Jackson grants, in part, a discovery request by potential class action litigants seeking to represent at-risk and marginalized Louisiana children on claims against the Department of Health. Litigants may conduct limited expert discovery to define the term “intensive behavioral services." A more precise definition would help “put a finer point” on class claims.
Court: USDC Middle District of Louisiana, Judge: Jackson, Filed On: June 15, 2023, Case #: 3:19cv770, NOS: Amer w/Disabilities - Other - Civil Rights, Categories: Government, Health Care, Medicaid
Per curiam, the appellate division finds that attorney Makoto Sakai may be reinstated following his September 2022 suspension for failing to meet attorney registration requirements because Sakai complied with the suspension order and demonstrated the requisite character to practice law.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: June 15, 2023, Case #: PM-127-23, Categories: Attorney Discipline
J. Davila allows antitrust claims to continue against the WWE after a minor league wresting company says the company is unfairly restricting their business by blocking them from certain venues and deals, as well as threatening their performers that they will never be hired by the WWE if they ever work for the minor league company. At this early stage, it's plausible the WWE has engaged in unlawful exclusionary conduct that not only has harmed competitors, but consumers as well. All the claims may proceed.
Court: USDC Northern District of California, Judge: Davila, Filed On: June 15, 2023, Case #: 5:22cv179, NOS: Antitrust - Other Suits, Categories: Antitrust
J. Partida-Kipness withdraws the court's prior opinion and substitutes the current opinion, holding that the lower court improperly awarded attorney fees to the wife in this divorce proceeding. It was an abuse of discretion to award the requested fees, as there was no evidence regarding the attorney's experience, his hourly rates or the time he spent on the case. Reversed in part.
Court: Texas Courts of Appeals, Judge: Partida-Kipness, Filed On: June 15, 2023, Case #: 05-21-00915-CV, Categories: Civil Procedure, Family Law, Attorney Fees