183 results for 'filedAt:"2023-08-31"'.
J. Lamberth refuses to dismiss Campaign Legal Center’s action against Iowa Values, a conservative nonprofit group CLC argues is an unregistered political action committee. Contrary to the group's arguments, the district court has jurisdiction to hear the case and it is not moot.
Court: USDC District of Columbia, Judge: Lamberth, Filed On: August 31, 2023, Case #: 1:21cv389, NOS: Other Statutory Actions - Other Suits, Categories: Civil Procedure, Elections, Jurisdiction
J. Holte finds for the U.S. in this post-award bid protest concerning a contract to develop cyber-security software for the department of transportation because the department fairly evaluated the bids, and the decision was not arbitrary or capricious.
Court: Court of Federal Claims, Judge: Holte, Filed On: August 31, 2023, Case #: 23-680, Categories: Contract
J. Davis finds that the U.S. should be granted dismissal of a post-award bid protest related to census application services because plaintiff failed to demonstrate the evaluation had been marred by a conflict of interest.
Court: Court of Federal Claims, Judge: Davis, Filed On: August 31, 2023, Case #: 23-936, Categories: Contract
J. Foster finds a lower court properly dismissed a geological engineer's claims that the Arizona State Land Department wrongfully denied his request for a mineral exploration permit. The geological engineer argued that the land department failed to timely send written notice of its denial of applications. However, the land department provided sufficient evidence in court that the denial was based on the surface owner's exercise of first right of refusal. Affirmed.
Court: Arizona Court Of Appeals Division One, Judge: Foster, Filed On: August 31, 2023, Case #: 1 CA-CV 22-555, Categories: Administrative Law, Patent, Contract
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J. Bumb denies the boat owner's summary judgment motion in his suit seeking to limit his liability for a fire which destroyed and sank his yacht and a neighboring yacht while also damaging the dock they were housed at. The boat owner's motion to exclude the neighboring boat's owner's expert witness fails, since the expert has complied closely enough with the methodology for fire and explosion investigations prescribed by the National Fire Protection Association to be reliable, and the boat owner's arguments against the admissibility of his investigation and opinions largely go to weight rather than admissibility. Rebuttal expert testimony and cross-examination, rather than summary judgment, are therefore better avenues to challenge the expert testimony.
Court: USDC New Jersey, Judge: Bumb, Filed On: August 31, 2023, Case #: 1:20cv6674, NOS: Marine - Contract, Categories: Maritime, Experts
J. Kugler grants the insurer's motion to confirm an arbitration award but denies its motion to dismiss the insured's complaint, which alleges that the insurer systematically undervalued its insureds' vehicles using condition adjustments without actually investigating the conditions of vehicles it considered comparable to the insureds' vehicles. The insured has standing to bring her claims, having pled a sufficient injury-in-fact, and the confirmation of the appraisal award does not preclude the insured from stating a plausible breach-of-contract claim, which she has.
Court: USDC New Jersey, Judge: Kugler, Filed On: August 31, 2023, Case #: 1:22cv6228, NOS: Insurance - Contract, Categories: Insurance, Class Action, Contract
J. Castner partially grants the employer and its vice president's motion for summary judgment in the employee's suit against them alleging race discrimination, in which the employer has brought a number of counterclaims related to the employee's acceptance of bonuses meant to incentivize him to move to Boston and subsequent failure to move to Boston. Both of the employee's race-discrimination claims are dismissed since the employer has shown that its stated reason for termination of the employee, dishonesty, was nondiscriminatory and not pretextual, and the employee's arguments that the vice president harbored racial bias toward him are not sufficient to show that his termination resulted from that alleged racial animus, if it existed. The employer and vice president are also granted summary judgment on one of their two breach-of-contract counterclaims, since they have established that the employee's offer letters constitute express contracts and the employee's arguments that the doctrine of unclean hands bars recovery fails along with his race-discrimination claims. Equitable estoppel also does not apply. Summary judgment is not appropriate for a second breach-of-contract claim, since factual disputes remain as to whether a second bonus was claimed improperly. Summary judgment is similarly denied for counterclaims of unjust enrichment and breach of good faith and fair dealing.
Court: USDC New Jersey, Judge: Castner, Filed On: August 31, 2023, Case #: 3:20cv4336, NOS: Employment - Civil Rights, Categories: Employment, Employment Discrimination, Contract
J. Quraishi partially grants the Bankers' Association's motion for attorney's fees in its successful suit seeking to overturn a state law which banned banks from making political contributions. The Association is a "prevailing party," having altered the parties' relationship in its favor in a "judicially sanctioned" manner. Its attorneys' hourly rates are reasonable, but certain hours billed are excessive and duplicative, and deductions are made accordingly. The Association's success, however, was "less than complete" since one of its counts was dismissed and it did not successfully obtain freedom for individual banks to make contributions under the law. The lodestar amount is therefore reduced. In total, the Attorney General is ordered to pay $1,217,634.65 in fees and $102,674.47 in costs.
Court: USDC New Jersey, Judge: Quraishi, Filed On: August 31, 2023, Case #: 3:18cv15725, NOS: Constitutionality of State Statutes - Other Suits, Categories: Constitution, Attorney Fees, First Amendment
J. Montgomery denies the sheriff's deputy's motion to dismiss the injured police officer's claims against him stemming from an attack by a police dog the deputy let off-leash while pursuing another person. Qualified immunity does not bar the officer's claims, since the officer has plausibly alleged that the dog's attacks were a Fourth Amendment "seizure," that that seizure was unreasonable and that he had a clearly established right not to be attacked by the dog without an effective audible warning that the dog was loose.
Court: USDC Minnesota, Judge: Montgomery, Filed On: August 31, 2023, Case #: 0:23cv619, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Police Misconduct
J. Shepherd finds a lower court properly imposed civil commitment on a defendant, who has been deemed a detriment to the public, for mental health issues. The defendant, who threatened a judge in court, argued that the imposition violates his due process rights. However, the government presented sufficient evidence in court that he is a detriment to the public based on his history of injury to other people and property damage. Affirmed.
Court: 8th Circuit, Judge: Shepherd, Filed On: August 31, 2023, Case #: 22-2324, Categories: Evidence, Health Care
J. Alonso grants a nutrition company’s motion to strike consumer class allegations and partially grants the company’s motion to dismiss the would-be class representative’s fraud claims. The nutrition company marketed its Think! protein bars as containing no artificial sweeteners, despite containing maltitol syrup, an artificial sweetener. The class rep consumer brought multiple fraud claims as well as nationwide class claims under the Illinois Consumer Fraud and Deceptive Practices Act. But the court finds the ICFA does not apply to consumers outside Illinois, and also finds that the individual fraud claims are incongruous with multiple states’ differing fraud laws. However, it allows the class representative’s unjust enrichment claims to proceed.
Court: USDC Northern District of Illinois, Judge: Alonso, Filed On: August 31, 2023, Case #: 1:23cv933, NOS: Other Statutory Actions - Other Suits, Categories: Fraud, Consumer Law, Class Action
J. Collins holds that the trial court must recalculate defendant's custody credits on his sentence for assault with force likely to cause great bodily injury. He has also fully satisfied a $280 restitution fine and a $280 parole revocation fine through excess days he spent in custody. However, the restitution order for funeral and burial expenses was proper. Defendant's cousin would not have been killed if defendant had not started a fistfight that ended when defendant summoned help from a friend who shot and killed the cousin. Reversed in part.
Court: California Courts Of Appeal, Judge: Collins, Filed On: August 31, 2023, Case #: B325493, Categories: Sentencing, Assault, Restitution
J. Ezra grants a preliminary injunction to a group of porn-industry insiders after they sued the interim Texas attorney general over a new state law that “restricts access to pornographic websites by requiring digital age verification methods and warnings about the alleged harms caused by pornography.” While the state “has a legitimate goal in protecting children from sexually explicit material online,” the law violates the First Amendment and Section 230 in a number of ways, including by requiring porn websites to publish speech that is “deeply controversial” and “unduly burdensome,” including “somewhat deceptive” claims about the alleged dangers of pornography.
Court: USDC Western District of Texas , Judge: Ezra, Filed On: August 31, 2023, Case #: 1:23cv917, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Constitution, First Amendment
J. Robie finds that the trial court properly relied on the record, forgoing live testimony, before denying defendant's petition for resentencing for second degree murder. She received adequate due process during the resentencing hearing, which was held to the reasonable doubt standard. Her participation in the hearing was voluntary and the hearing did not determine guilt or carry a risk of additional punishment. Affirmed.
Court: California Courts Of Appeal, Judge: Robie, Filed On: August 31, 2023, Case #: C093672, Categories: Murder, Sentencing, Due Process
J. Herndon finds the district court improperly denied the motion to reinstate child support for a handicapped child beyond the age of majority. The relevant statute generally requires that child support modifications be made while the child is still a minor, though there are exceptions for adult handicapped children in certain circumstances. The court erred in finding that it did not have jurisdiction to reinstate support. The declared 20% change in monthly income does not compel the court to make an alimony modification, but only gives it discretion as to whether modification is appropriate. The court did not abuse its discretion in denying that modification. Affirmed in part. Reversed in part and remanded.
Court: Nevada Supreme Court, Judge: Herndon, Filed On: August 31, 2023, Case #: 84086, Categories: Family Law, Jurisdiction
J. Jackson-Akiwumi finds that the lower court improperly denied a veteran's application for long-term disability benefits under his employer's group policy. The court clearly erred when it failed to consider the veteran's inability to sit at his desk for eight hours a day as required by his occupation. Vacated.
Court: 7th Circuit, Judge: Jackson-Akiwumi, Filed On: August 31, 2023, Case #: 22-1121, Categories: Erisa
J. Gordon McCloud finds that the lower court improperly granted fees to a real estate company following a quiet title dispute in which one of their properties was improperly foreclosed. While it is clear that the real estate company is the prevailing party on the claims, the lower court granted attorney fees to the company on a theory that was not only raised incorrectly sua sponte, but was also based on a theory that this court had already rejected. Reversed.
Court: Washington Supreme Court, Judge: Gordon McCloud, Filed On: August 31, 2023, Case #: 101149-1, Categories: Real Estate, Attorney Fees
J. Richman finds that, according to a recent California Supreme Court decision, the trial court erred in denying an employer's motion to compel arbitration of its employees' individual Private Attorneys General Act claims. However, the employees' Act claims for labor law violations suffered by other employees may proceed to trial. Reversed in part.
Court: California Courts Of Appeal, Judge: Richman, Filed On: August 31, 2023, Case #: A165445, Categories: Arbitration, Employment
J. Wood rules in favor of the county and the former elections supervisor in a civil rights action brought by the city commissioner alleging that a criminal trespass warning issued to her violated her First Amendment rights by banning her from all polling places in the county except to vote. The warning was issued after the commissioner and the supervisor got into an altercation stemming from the commissioner either asking questions about a voting machine's buttons or touching the buttons while assisting an illiterate voter. The commissioner was later arrested for refusing to leave. The warning was not drafted or issued by either the county or the supervisor. The commissioner failed to show that the warning issued by the city police officer is a policy or unofficial custom or practice of the county. The warning restricts speech in a nonpublic forum, is viewpoint neutral and was reasonable in light of the disturbance caused by the commissioner.
Court: USDC Southern District of Georgia, Judge: Wood, Filed On: August 31, 2023, Case #: 5:20cv151, NOS: Other Civil Rights - Civil Rights, Categories: First Amendment
J. Harris finds that the trial court erred in terminating a father's parental rights. Though the father was incarcerated, the trial court's conclusion that his children needed stability and that they needed protection against his commitment for more visitation do not support a judgment that termination is in the children's best interest. The awkwardness of prison visitation is unavoidable and no evidence showed he had a harmful relationship with the children. Reversed.
Court: Utah Court Of Appeals, Judge: Harris, Filed On: August 31, 2023, Case #: 20220956-CA, Categories: Family Law