142 results for 'filedAt:"2023-08-08"'.
J. Patterson finds the appellate division improperly upheld the application to terminate alimony in the divorce proceedings. The parties' property settlement agreement was enacted before a new state law took effect, and the ex-husband had presented evidence of cohabitation. Reversed.
Court: New Jersey Supreme Court, Judge: Patterson, Filed On: August 8, 2023, Case #: A-25-22, Categories: Family Law
J. Bibas grants summary judgment to a former manager of a luxury hotel in Casablanca, Morocco, accused of hiding behind the corporate veil of its parent in order to either get out of paying its debt or to obfuscate an alleged siphoning of funds. Three theories of fraud offered by the hotel owner fail to align with the manager's alleged misuse of the corporate form that would allow piercing of the corporate veil.
Court: USDC Delaware, Judge: Bibas, Filed On: August 8, 2023, Case #: 1:18cv654, NOS: Arbitration - Other Suits, Categories: Fraud
J. Hurwitz finds that the district court properly entered judgment after five public-agency exemplar plaintiffs sued a company alleging that it violated the False Claims Acts by representing that its polyvinyl chloride pipes were compliant with industry standards. Sufficient evidence of falsity supported the verdict. Affirmed.
Court: 9th Circuit, Judge: Hurwitz, Filed On: August 8, 2023, Case #: 21-56288, Categories: Evidence, Product Liability
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J. Hernandez finds in favor of Jack in the Box against the employees' meal break claims. Prior to June 1, 2010, Oregon law did not require employers like Jack in the Box to pay employees for a 30-minute meal period if an employer called its employees back to work before 30 minutes, which is what happened in this case.
Court: USDC Oregon, Judge: Hernandez, Filed On: August 8, 2023, Case #: 3:14cv1092, NOS: Employment - Civil Rights, Categories: Employment, Labor
J. St. Eve finds that the lower court properly found for the defendant city in a dispute with a rural water association over another city's decision to buy water from defendant city rather than the association. The association does not have a legal right to provide water to the purchasing city because its facilities are not designed to produce sufficient water under Illinois law. Affirmed.
Court: 7th Circuit, Judge: St. Eve, Filed On: August 8, 2023, Case #: 22-2942, Categories: Water, Contract
J. Doughty denies a request by a North Louisiana parish prison commission to dismiss an inmate’s claims that understaffing of the jail has resulted in lax enforcement of contraband rules and smoking bans. A magistrate judge’s report supports the prisoner’s claims that the officials’ negligence has resulted in non-smoking inmates and jail employees being exposed to cancer-causing tobacco smoke and ill effects from synthetic marijuana, such as the litigant’s excessive coughing and nosebleeds. “In Louisiana, prison authorities owe a duty of reasonable care to protect inmates from harm.”
Court: USDC Western District of Louisiana , Judge: Doughty, Filed On: August 8, 2023, Case #: 3:21cv4037, NOS: Prison Condition - Habeas Corpus, Categories: Health Care, Negligence, Prisoners' Rights
J. Pirtle finds the county court properly dismissed the domestic abuse protection order entered against the petitioner’s boyfriend. Patterns of abuse testified to by both parties favor the boyfriend’s version, including the fact that arguments led him to block her on social media and his phone, with her responding by getting a new phone number to stay in contact. The trial court had access to and took note of the allegations and nature of the relationship history. The girlfriend’s arguments rely almost exclusively on her own testimony. No error is found. Affirmed.
Court: Nebraska Court Of Appeals, Judge: Pirtle, Filed On: August 8, 2023, Case #: A-22-923, Categories: Evidence, Restraining Order
J. Smith finds that the district court properly dismissed a class claim alleging a violation of the Telephone Consumer Protection Act after a company sent an individual at least three mass marketing text messages that utilized “prerecorded voices.” The text messages did not use prerecorded voices under the Act because they did not include audible components. Affirmed.
Court: 9th Circuit, Judge: Smith, Filed On: August 8, 2023, Case #: 22-55517, Categories: Communications
J. Ellis finds that the lower court properly convicted defendant of a DUI that fatally killed a person on the side of the road who was pushing their disabled car. Defendant also clearly obstructed justice by throwing a bottle of vodka out of his car when he thought no one was looking. Affirmed.
Court: Illinois Appellate Court, Judge: Ellis, Filed On: August 8, 2023, Case #: 210875, Categories: Obstruction, Dui
J. Copperhite denies in part a motion by the Maryland State Police to dismiss race discrimination and retaliation allegations brought by a former deputy chief state fire marshal. The marshal, a Black man, claims that he was singled out for discipline regarding backlogged reports when most employees were guilty of the same. When the marshal filed an EEOC complaint, the department suspended him and the deputy director of the Office of Equity and Inclusion told him to “keep his mouth shut.” Although the department is protected under sovereign immunity, the argument of race discrimination is sufficient based on a comparison between the department's treatment of the marshal versus his white coworkers.
Court: USDC Maryland, Judge: Copperhite, Filed On: August 8, 2023, Case #: 1:23cv442, NOS: Employment - Civil Rights, Categories: Employment, Employment Discrimination, Employment Retaliation
J. McKinnon finds that defendant's petition for post-conviction relief on sex offense and incest convictions is untimely. He had one year after discovering the alleged 2016 recantation of one victim's allegations, but he did not file his petition until 2020. Affirmed.
Court: Montana Supreme Court, Judge: McKinnon, Filed On: August 8, 2023, Case #: DA 22-0389, Categories: Sex Offender
J. Pryor finds that the lower court properly dismissed a fraternity brother's lawsuit against the university for suspending him for two semesters because he hosted a party during the Covid-19 pandemic. The fraternity brother failed to sufficiently plead the university violated a specific contractual right, because he has no constitutionally protected properly interest in remaining enrolled at the university. Affirmed.
Court: 7th Circuit, Judge: Pryor, Filed On: August 8, 2023, Case #: 22-2469, Categories: Education, Due Process, Contract
J. Hamilton finds that the lower court properly convicted defendant of failing to disclose his foreign bank account on his income tax returns. The evidence supported the jury's finding that defendant willfully chose not to disclose his foreign bank account. The key question on the tax return form was not ambiguous as applied to defendant's situation, and he cannot show the foreign-account reporting regulation is invalid. Affirmed.
Court: 7th Circuit, Judge: Hamilton, Filed On: August 8, 2023, Case #: 22-2758, Categories: Fraud, Tax
[Consolidated.] J. Ecker finds that the lower court properly granted the hospital and doctors' motion for summary judgment on state law medical malpractice and wrongful death claims brought by the estate of the woman who died of cardiac arrest during the Covid-19 pandemic because the providers were entitled to immunity under the executive orders issued during the pandemic. Although the patient had a history of heart problems and some symptoms of a heart attack when she was admitted for treatment, the information known about Covid-19 at the time gave the providers a good faith belief she was suffering from a Covid-related ailment and not any heart issue, which rendered them immune under the executive orders. However, because the type of immunity afforded under the Public Readiness and Emergency Preparedness Act is much narrower and does not cover the actions taken by the doctors after the decedent's negative Covid-19 test, those claims will be reinstated. Affirmed in part.
Court: Connecticut Supreme Court, Judge: Ecker, Filed On: August 8, 2023, Case #: SC20763, Categories: Immunity, Wrongful Death, Covid-19
J. Diaz finds the lower court properly dismissed the suspended student's complaint holding that he hadn’t alleged a cognizable liberty or property interest in his continuing education. The student, accused of abusing his girlfriend, hasn’t alleged that he was deprived of his education without sufficient process including a three-month-long investigation. Affirmed.
Court: 4th Circuit, Judge: Diaz, Filed On: August 8, 2023, Case #: 22-1971, Categories: Education, Assault
J. Do finds that the trial court properly denied attorney fees to an individual who sought records under the Public Records Act. He cannot be considered the prevailing party since the evidence shows his lawsuit was not the substantial cause of a city's compliance with his request, and the timing of his complaint and the city's production did not establish the required causal connection for a fee award. Affirmed.
Court: California Courts Of Appeal, Judge: Do, Filed On: August 8, 2023, Case #: D080133, Categories: Public Record, Attorney Fees
J. Rice denies the university summary judgment regarding the student's assault and battery claims, which arises from her lawsuit alleging that her boyfriend raped her in her dorm room at the university. It is currently unclear if this claim is time-barred as there is a dispute on whether the Woodinville address of the boyfriend's father, where notice was served, qualified as the boyfriend's address, and thus if that caused an unreasonable delay for litigation.
Court: USDC Eastern District of Washington, Judge: Rice, Filed On: August 8, 2023, Case #: 2:22cv69, NOS: Education - Civil Rights, Categories: Civil Procedure, Education, Assault
[Consolidated.] J. Albright denies Apple’s motion for a stay after it was sued by a competitor for alleged infringement of a variety of patents. The U.S. Patent Trial and Appeal Board is currently reviewing some of these patents, and while waiting for resolution of these proceedings would somewhat simplify the issues in the case, the patent board has already “denied institution” on some of Apple’s inter partes reviews, meaning that some of the patent claims will “still need to be resolved by this Court” regardless.
Court: USDC Western District of Texas , Judge: Albright, Filed On: August 8, 2023, Case #: 6:21cv603, NOS: Patent - Property Rights, Categories: Administrative Law, Civil Procedure, Patent