191 results for 'filedAt:"2023-07-28"'.
[Consolidated.] J. Clement finds the Court of Appeals improperly affirmed the trial court’s grant of summary judgment to the oil company in this premises liability suit brought by the customer who slipped and injured herself on the gas station’s snow-covered parking lot. Though the station owed the injured party a duty of care, genuine issues of material fact remain as to whether they breached that duty and, if so, whether there was comparative fault such that the damages must be reduced. Existing case law cited by the oil company regarding comparative fault is overruled. A determination of comparative fault may require consideration of the open and obvious nature of the hazard and the party’s choice to confront it. Reversed and remanded.
Court: Michigan Supreme Court, Judge: Clement, Filed On: July 28, 2023, Case #: 162907, Categories: Tort, Premises Liability
Per curiam, the appeals court finds the trial court improperly denied the current husband's motion for a protective order preventing a deposition by the former husband to determine the current husband's financial situation and any financial support he may have provided to the former husband's ex-wife. In part because the current husband has proven a material injury that will come from the improper intrusion into his private finances and the trial court deviated from the essential requirements of the law, his petition for certiorari is granted and the trial court's order is quashed. Vacated.
Court: Florida Courts Of Appeal, Judge: Per curiam, Filed On: July 28, 2023, Case #: 23-0068, Categories: Family Law, Discovery
J. Eaves remands the lower court's denial of a motion for suppression of evidence brought by a man charged with first-degree murder because factual findings regarding the origin of DNA evidence must be conducted first. The man was previously charged with involvement in a homicide, but the charges were ultimately dropped. However, investigators developed relevant DNA months later that matched the man's, which is when the state charged him with murder. But questions remain about how the evidence was collected and whether it should've been destroyed when the initial charges were dropped against him. Reversed.
Court: Supreme Court of Maryland, Judge: Eaves, Filed On: July 28, 2023, Case #: C-06-CR-19-000833, Categories: Dna, Evidence, Murder
Per curiam, the appellate division finds the trial court improperly dismissed the petition, which seeks to compel the city of provide documents requested under the Freedom of Information Law related to religious or disability accommodations to employees over several months. The city has not shown that the description of the records sought was insufficient to commence a search. Reversed in part.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: July 28, 2023, Case #: CA 22-00387, Categories: Public Record
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J. Seeborg grants preliminary approval to a class action settlement in a dispute over allegedly unpaid wages between a class of employees and their employer. The settlement, with a net amount of $44,040,833.33, appears fair, adequate and reasonable. Minor modifications to the class definitions, namely expanding the class period through the date of preliminary approval and a change to the definition of the class of hourly employees to specify that it includes all retail employees, do not meaningfully change this analysis.
Court: USDC Northern District of California, Judge: Seeborg, Filed On: July 28, 2023, Case #: 3:16cv1854, NOS: Other Labor Litigation - Labor, Categories: Employment, Settlements, Class Action
J. Chen grants the mail-order prescription program participants' motion to amend their complaint to add a new plaintiff following the death of three plaintiffs and dismissal of one for failure to prosecute, and denies the program administrators' motion to dismiss. The amendments are neither untimely nor futile, and the administrators have not sufficiently alleged that they were prejudiced by alleged delay. The administrators' arguments that the new plaintiff's letters to them failed to alert them to a serious issue with patients' access to HIV medication are insufficient to warrant dismissal of his claims for lack of notice without further information on the contents of the plaintiffs' claimed notice.
Court: USDC Northern District of California, Judge: Chen, Filed On: July 28, 2023, Case #: 3:18cv1031, NOS: Employee Retirement Income Security Act (ERISA) - Labor, Categories: Ada / Rehabilitation Act, Class Action
J. Seeborg denies both the LED holder manufacturer and its customer's motions to exclude each other's expert witnesses, an accountant and the manufacturer's president. The accountant's methodology for calculating damages is not so irrelevant or unreliable as to require exclusion, and questions about the accuracy and appropriateness of certain figures used in his report are better left for trial. That accountant's opinion as to whether or not the parties' agreement's liquidated damages terms are reasonable is also admissible. The president, meanwhile, has offered testimony that falls within his personal experience and knowledge, and need not include a written report with his expert disclosure. Disputes over the figures he uses are similarly better evaluated at trial, and while his rebuttal report improperly provides legal conclusions, they do not justify wholesale exclusion of the report.
Court: USDC Northern District of California, Judge: Seeborg, Filed On: July 28, 2023, Case #: 3:22cv1886, NOS: Other Contract - Contract, Categories: Experts, Contract
J. Illston partially grants the amputee prisoner's motion for attorneys' fees and costs in his successful civil rights suit arising from his forcible extraction from his cell without his wheelchair. Deductions and reductions are made to the lodestar totaling 5.3 hours, and to the total hours claimed totaling 382.78 hours. 25% of the prisoner's compensatory damages award must also be used to pay a portion of the fee award attributable to the prisoner's successful civil rights claim. A 1.6 multiplier to the lodestar is appropriate because of "the extraordinary results achieved" and the need to attract counsel to meritorious prisoners' rights cases.
Court: USDC Northern District of California, Judge: Illston, Filed On: July 28, 2023, Case #: 3:18cv1245, NOS: Prison Condition - Habeas Corpus, Categories: Attorney Fees, Prisoners' Rights
J. Jordan denies the attorney’s motion to file an amended complaint challenging the Supreme Court’s process for allowing licensed attorneys to use continuing legal education credits from other jurisdictions. The attorney has failed to correct the deficiencies in her claim and further attempts to correct would be futile.
Court: USDC Virgin Islands, Judge: Jordan, Filed On: July 28, 2023, Case #: 1:22cv44, NOS: Civil Rights - Habeas Corpus, Categories: Education, Government
J. Stevens finds that the lower court in part partially properly ordered discovery of attorney-client communications in this dispute over the development of a shopping center. The potential shopping center developer waived the attorney-client privilege and work product protection as a result of their defenses to their adversary’s amended complaint. Affirmed in part.
Court: Pennsylvania Superior Court, Judge: Stevens, Filed On: July 28, 2023, Case #: J-A10032-23, Categories: Evidence, Property, Discovery
J. Srinivasan grants a petition challenging the Securities and Exchange Commission's decision to change futures on the SPIKES Index to futures, rather than security futures, in order to promote competition with futures on the VIX Index. The SEC failed to sufficiently explain why SPIKES futures must be regulated as futures to promote competition.
Court: DC Circuit, Judge: Srinivasan, Filed On: July 28, 2023, Case #: 21-1038 , Categories: Securities
J. Frimpong grants in part motions in limine in a copyright infringement dispute regarding a licensing agreement for automobile photographs. Yahoo is precluded from bringing evidence of the photograph owner's previous copyright enforcement actions, from presenting evidence of its breach of contract claims, or from arguing that the photograph owner failed to take reasonable steps to mitigate damages. The photograph owner is precluded from suggesting that Yahoo failed to comply with discovery obligations or from referencing theories that the photograph owner purportedly abandoned at the motion to dismiss stage.
Court: USDC Central District of California, Judge: Frimpong, Filed On: July 28, 2023, Case #: 2:20cv2907, NOS: Copyrights - Property Rights, Categories: Copyright
[Consolidated] J. Erickson finds a lower court properly dismissed two defendants' motion to appeal their convictions for conspiracy to commit wire fraud. The first defendant argued that the lower court improperly admitted a redacted plea agreement in court that he had signed, and the second defendant asserted that the lower court failed to consider his religious beliefs, in violation his First Amendment rights. However, both defendants, who pretended to be "Godly and religious," took advantage of unknowing victims who relied on their promise to use their money to invest in a bogus wind generator plan called "Dragonfly," which resulted in a 97 month prison term for the first defendant, and a 180 and 120 month prison terms imposed against the second defendant, to run concurrently. Affirmed.
Court: 8th Circuit, Judge: Erickson, Filed On: July 28, 2023, Case #: 22-1586, Categories: Constitution, Fraud, Plea
J. Johnston partially grants a group of pharmacy companies’ motion to dismiss antirust claims brought by a collection of Medicare benefit providers. The providers claim the pharmacy companies violated consumer protection laws by raising the price of the rare pediatric medication Acthar from only $750 per vial to almost $39,000 per vial. The court finds the providers have sufficiently alleged their direct purchaser claims to survive dismissal, but tosses their indirect purchaser claims without prejudice.
Court: USDC Northern District of Illinois, Judge: Johnston, Filed On: July 28, 2023, Case #: 3:20cv50056, NOS: Antitrust - Other Suits, Categories: Antitrust, Fraud, Consumer Law
J. Nugee finds a lower court improperly ruled in favor of a pensioner on the work and pension authority's allowances claims. The widow argued that she is entitled to a weekly rate of benefits allowance under the Country's Social Security Contributions and Benefits Act. However, she does not qualify because she already collects widow allowance. Affirmed.
Court: Her Majesty's Court of Appeal, Judge: Nugee, Filed On: July 28, 2023, Case #: CA-2023-301, Categories: Employment, Pensions
J. Ashe reverses a bankruptcy court’s order, holding that the discrimination claims of a potential class of school-age children with disabilities against the Roman Catholic Archdiocese would not be subject to a stay order. The disabled children do not seek to possess or control the property of the bankruptcy estate nor are they undertaking “collection efforts.” Instead, the children seek to halt allegedly discriminatory and unlawful conduct by requiring the Archdiocese to refrain from asking prospective students about their disabilities. Therefore, the bankruptcy court order does not apply to the children’s claims.
Court: USDC Eastern District of Louisiana , Judge: Ashe, Filed On: July 28, 2023, Case #: 2:22cv4552, NOS: Bankruptcy Appeal 28 USC 158 - Bankruptcy, Categories: Bankruptcy, Ada / Rehabilitation Act, Education
J. Brasher denies the immigrant's petition for review of the decision by the Board of Immigration Appeals finding that the immigrant's citizenship claim failed because his mother had not been naturalized before he turned 18 years old. The immigrant forfeited judicial review of his claim that he is a U.S. citizen when he withdrew his appeal to the board and asked to be deported. The immigrant's motion to transfer the case to the U.S. District Court for the District of New Jersey is also denied.
Court: 11th Circuit, Judge: Brasher, Filed On: July 28, 2023, Case #: 21-13382, Categories: Immigration
J. Hawkins finds that the district court properly affirmed a bankruptcy court order concerning the pre-conversion increases in the equity of a home belonging to the bankruptcy estate, rather than to debtors. Affirmed.
Court: 9th Circuit, Judge: Hawkins, Filed On: July 28, 2023, Case #: 22-35604, Categories: Bankruptcy, Property
J. Chasanow grants a local union its motion to dismiss business interference, civil conspiracy and defamation allegations brought by a contracting company. The company claims that the union disrupted outside business relationships intentionally, but it cannot proceed on its claims because it fails to establish subject matter jurisdiction for either federal question or diversity reasons. However, if the company removes the union as a defendant, it may be able to continue litigation.
Court: USDC Maryland, Judge: Chasanow, Filed On: July 28, 2023, Case #: 8:22cv2296, NOS: Assault, Libel, & Slander - Torts - Personal Injury, Categories: Defamation, Assault, Labor / Unions
J. Fridy finds that the lower court improperly ruled against the former wife in this contempt action that she brought against the former husband involving certain stock certificates. The evidence shows that the husband "willfully refused" to deliver the certificates to the former wife as required. Accordingly, the lower court erred by denying her contempt claim. Reversed.
Court: Alabama Court of Civil Appeals, Judge: Fridy, Filed On: July 28, 2023, Case #: CL-2022-1235, Categories: Contempt, Family Law, Property
J. Elgo finds the trial court properly held for a lender in a foreclosure case. The owner of the tax liens on the properties provided a legitimate chain of title before the trial court, which established ownership and a right to foreclose after the property owner failed to pay taxes for several years. Affirmed.
Court: Connecticut Court Of Appeals, Judge: Elgo, Filed On: July 28, 2023, Case #: AC45065, Categories: Real Estate, Tax, Banking / Lending
J. Mesiwala finds the trial court improperly ordered defendant to pay $629.99 in restitution for an undamaged cell phone returned to the victim after the refund period. The victim escaped from defendant's home after he assaulted her during an argument, leaving her purse and phone behind. The court awarded her the purchase price of the phone, allowing her to keep it, which overcompensated her. The victim will be allowed to sell the phone. If she is unable to, the court will calculate the difference in value between the day she purchased the phone and the day it was returned to her. If the phone is sold, the court will calculate the difference between the purchase price and the sale price. Reversed.
Court: California Courts Of Appeal, Judge: Mesiwala, Filed On: July 28, 2023, Case #: C097090, Categories: Assault, Restitution
Per curiam, the appellate division finds the trial court improperly allowed the class-action complaint to proceed which alleges the surgery center failed to protect the personal information from a data breach. The patient has not alleged an injury since there are no allegations the information was misused or will be misused. Reversed.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: July 28, 2023, Case #: CA 22-01218, Categories: Privacy