152 results for 'filedAt:"2023-08-15"'.
J. Kirsch finds that the lower court properly found for the company in a tort suit filed by a truck driver injured while delivering products to one of the company's stores. The store did not owe the driver a duty of care, and it did not create an unsafe work area by placing pallets to be disposed of next to the dumpster. Further, the driver's expert's opinion regarding the allegedly unsafe "walkie" machine he was provided to unload the truck is unreliable. Affirmed.
Court: 7th Circuit, Judge: Kirsch, Filed On: August 15, 2023, Case #: 22-2825, Categories: Tort, Negligence
J. Fischer finds that the Public Service Commission improperly granted the water utility and developer’s joint application for a variance from the utility’s tariff governing the funding of water main extensions. There is no language in the rule that allows for a variance, so the Commission lacks the authority to grant a variance. Reversed.
Court: Missouri Supreme Court, Judge: Fischer, Filed On: August 15, 2023, Case #: SC99978, Categories: Water, Agency
J. Turner finds that the lower court improperly denied the nursing home's motion to compel arbitration in a nursing home negligence action stemming from a resident's fall. No evidence of fraud was presented in this case, and the resident's promise to arbitrate was supported by consideration even if it was not met with a reciprocal promise to arbitrate by the nursing home. Reversed.
Court: Illinois Appellate Court, Judge: Turner, Filed On: August 15, 2023, Case #: 230187, Categories: Arbitration, Contract
J. Moore finds the trial court properly convicted defendant by a plea of no-contest for two counts of sexual assault, three counts of visual depiction of sexually explicit conduct and four counts of intentional child abuse. Claims of ineffective assistance are either without merit or insufficiently pled and the sentences imposed were not an abuse of discretion. Defendant's age, mentality, education, social and cultural background, past criminal record, motivations and the force involved in committing the offenses have all been thoroughly considered. Affirmed.
Court: Nebraska Court Of Appeals, Judge: Moore, Filed On: August 15, 2023, Case #: A-23-052, Categories: Ineffective Assistance, Sex Offender, Child Victims
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J. Kelly finds that the trial court properly terminated the mother's parental rights to her children and placed them with a foster family. On appeal, the mother claims that the court’s decision was based on insufficient evidence. The mother failed, however, to request a record from the court reporter to provide for review. Because the record is unable to be reviewed, the evidence must be construed to have supported the trial court’s judgment. Affirmed.
Court: Texas Courts of Appeals, Judge: Kelly, Filed On: August 15, 2023, Case #: 03-23-00151-CV, Categories: Family Law
J. Dennis finds the district court improperly granted summary judgment in favor of the officer as to the claims of false arrest. The officer pushed open the disabled 50-year-old man’s gate without a warrant, struggling with him in such a way that he incurred injury after the man was reported to be making rude comments and gestures toward a family member who lived across the street. The man failed to raise a genuine issue of material fact supporting municipal liability, and the officer’s use of force was objectively reasonable considering the man’s resistance. Though, the officer did not have probable cause to arrest the man for resisting arrest. Affirmed in part. Reversed in part and remanded.
Court: 5th Circuit, Judge: Dennis, Filed On: August 15, 2023, Case #: 19-40904, Categories: Civil Rights, Police Misconduct
J. Nelson finds that the district court properly dismissed a First Amendment retaliation claim brought by a federal prisoner for medical indifference. However, the prisoner's Eighth Amendment claim under the same question of medical indifference is remanded for further proceedings. Affirmed in part.
Court: 9th Circuit, Judge: Nelson, Filed On: August 15, 2023, Case #: 20-55004, Categories: Civil Rights, Constitution
J. Ketchmark denies the media companies' motion for summary judgment on a photographer's copyright claims stemming from the inclusion of her photo without permission as part of the USA Today Ad Meter. The photographer's photo of NFL coach Katie Sowers used as part of a Microsoft Super Bowl commercial in 2020 was never sent directly to USA Today for inclusion in its popular ad-rating platform, but was instead downloaded by a USA today producer from YouTube using screengrabbing technology.
Court: USDC Western District of Missouri, Judge: Ketchmark, Filed On: August 15, 2023, Case #: 4:21cv557, NOS: Copyrights - Property Rights, Categories: Copyright, Technology
J. Laplante partially grants a large software company’s motion to dismiss a smaller company’s claims against it for poor performance and misrepresentation in its recommendation and implementation of new software at the smaller company. The smaller company’s contract, bad faith, negligence and part of its fraud claims are dismissed, while its New Hampshire Consumer Protection Act claim and part of its fraud claim are not, because the smaller company sufficiently supports the latter claims with facts.
Court: USDC New Hampshire, Judge: Laplante, Filed On: August 15, 2023, Case #: 1:22cv397, NOS: Other Contract - Contract, Categories: Fraud, Consumer Law, Technology
J. Garcia finds that the lower court properly divided the property in this divorce proceeding. The wife contends that the lower court "lacked sufficient information to make a just and right division of the community property," because there was no evidence as to the value of a certain asset, specifically a stone supply business. However, she failed to present "any probative evidence" of its value herself. Affirmed.
Court: Texas Courts of Appeals, Judge: Garcia, Filed On: August 15, 2023, Case #: 05-22-00577-CV, Categories: Family Law, Property
[Consolidated.] J. Childs denies several electricity suppliers' petitions for review of the Federal Energy Regulatory Commission's decision to eliminate a default offer cap in connection with offers submitted in a capacity market. The commission did not act capriciously or arbitrarily when it required a unit-specific review, and sufficiently explained its reasons for doing so.
Court: DC Circuit, Judge: Childs, Filed On: August 15, 2023, Case #: 21-1214 , Categories: Administrative Law, Energy
[Consolidated.] J. Ransom finds that the lower court properly convicted the parents of a misdemeanor for violating Missouri’s compulsory attendance law by failing to bring their children to school on a regular basis. The evidence supports a finding the parents knowingly failed to cause their children to attend school on a regular basis after their children were enrolled, and the law is not unconstitutionally vague. Affirmed.
Court: Missouri Supreme Court, Judge: Ransom, Filed On: August 15, 2023, Case #: SC99719, Categories: Child Victims
J. Du denies the software support company’s motion to stay an injunction entered against it pursuant to the court’s prior finding in favor of Oracle in its suit alleging the support company copied Oracle’s enterprise software into and from development environments for its own clients. The support company is unlikely to prevail on the merits and its arguments invoking free speech are unpersuasive. The district court, though, will temporarily stay its injunction until the Ninth Circuit resolves the motion to stay which the support company intends to file there because the injunction does impose 60 days to certify compliance due to the amounts of code involved.
Court: USDC Nevada, Judge: Du, Filed On: August 15, 2023, Case #: 2:14cv1699, NOS: Copyrights - Property Rights, Categories: Copyright, Unfair Competition, Technology
J. Bybee finds that the district court properly entered defendant's conviction and sentence, determining that aiding and abetting Hobbs Act robbery is a crime of violence. Defendant's conviction and mandatory minimum sentence for the use of a firearm during a crime of violence was properly entered. Affirmed.
Court: 9th Circuit, Judge: Bybee, Filed On: August 15, 2023, Case #: 17-50167, Categories: Robbery, Sentencing
J. Davila grants certification of a handful of classes and denies Google's motions for summary judgment and evidence strikes in Google's long ongoing battle with advertisers who say Google did not properly apply "Smart Pricing" discounts and didn't limit advertisements to the geographic locations that the advertisers were attempting to target. The advertisers have brought forward enough evidence of injury from the alleged conduct to survive a summary judgment motion at this time, and a series of subclasses have met their numerosity and superiority requirements to be certified as the dispute carries on.
Court: USDC Northern District of California, Judge: Davila, Filed On: August 15, 2023, Case #: 5:11cv1263, NOS: Other Statutory Actions - Other Suits, Categories: Class Action, Contract
J. Pitman denies a broker’s motion to dismiss a lawsuit brought by financial regulators over his role in an alleged “massive fraudulent binary options trading scheme.” The broker, a Canadian, argued this court did not have jurisdiction, but the broker absolutely had sufficient contacts in the United States to give federal courts jurisdiction, including because he “singled out customers in the United States.”
Court: USDC Western District of Texas , Judge: Pitman, Filed On: August 15, 2023, Case #: 1:20cv908, NOS: Securities/Commodities/Exchange - Other Suits, Categories: Fraud, Securities, Jurisdiction
J. Moore finds the trial court properly calculated the amount of taxes withheld by defendant for sentencing purposes. Although a withholding of more than $75,000 was attributed to the wrong corporation, the mistake was immaterial based on the fact it was relevant conduct under sentencing guidelines. The withholding was fraudulent and violated tax laws, regardless of which corporation was listed on the tax return form, and, therefore, the trial court used the proper base sentencing level. Affirmed.
Court: 6th Circuit, Judge: Moore, Filed On: August 15, 2023, Case #: 22-1969, Categories: Sentencing, Tax