183 results for 'filedAt:"2023-09-26"'.
J. Rice finds that the Attorney General properly rejected a ballot initiative to amend the state constitution to limit property tax increases. The multiple and unrelated changes contained in the initiative would alter the ways that multiple, separate agencies assess and collect property taxes, in violation of the separate-vote requirement of the constitution, which requires that individual constitutional ballot issues be presented to voters separately. Affirmed.
Court: Montana Supreme Court, Judge: Rice, Filed On: September 26, 2023, Case #: OP 23-0331, Categories: Elections, Property, Tax
Per curiam, the Supreme Court of Ohio finds attorney Ric Daniell will be suspended from the practice of law for two years for his failure to properly maintain a client trust account, failure to perform adequate work on behalf of clients seeking to adopt several children and his initial refusal to cooperate with the disciplinary committee. Daniell's previous disciplinary issues require he serve at least six months of the suspension, although the remaining 18 months will be stayed, provided he make restitution to the clients and complete continuing education courses.
Court: Ohio Supreme Court, Judge: Per curiam, Filed On: September 26, 2023, Case #: 2023-Ohio-3383, Categories: Sanctions, Attorney Discipline
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J. Burroughs partially grants judgment as a matter of law in favor of a pharmaceutical company being sued by another pharmaceutical company for patent infringement. Eli Lilly and Co.'s motion "is granted insofar as the patents-in-suit are invalid on the basis of inadequate written description and lack of enablement." However, its motion is denied as to the issue of future lost profits. The other company's expert based his future lost profit calculations on actual data as well as on Lilly's projections, and explained how he arrived at his own projections. The evidence that the jury relied on was not "impermissible speculation and guesswork," as argued by Lilly.
Court: USDC Massachusetts, Judge: Burroughs, Filed On: September 26, 2023, Case #: 1:18cv12029, NOS: Patent - Property Rights, Categories: Patent, Damages, Experts
J. Dooley grants, in part, the university's motion to dismiss, ruling the female student's Title IX must be dismissed in regards to her sexual assault because there is no indication the university knew the assailant would attack fellow students, especially considering the student had never met her attacker prior to the incident. However, her Title IX claim regarding the university's response, which included a 90-minute interview during which she was forced to recount graphic details of the assault and the school's initial failure to respond for over two weeks, is sufficient to establish a deliberate indifference claim.
Court: USDC Connecticut, Judge: Dooley, Filed On: September 26, 2023, Case #: 3:22cv1249, NOS: Education - Civil Rights, Categories: Civil Rights, Education, Evidence
J. Battaglia finds in favor of the money lender and the private investor concerning a construction supervisor's claims that they unjustifiably recorded a notice of default against a housing project and then engaged in copyright infringement by using his designs without permission. The supervisor's complaint makes it clear that, with due diligence, he should have discovered the alleged infringement in 2010 at the earliest or in 2014 at the latest, but he failed to file his suit until 2018, well after the three-year statute of limitations had expired.
Court: USDC Southern District of California, Judge: Battaglia, Filed On: September 26, 2023, Case #: 3:18cv1731, NOS: Copyrights - Property Rights, Categories: Construction, Copyright
J. Panella finds that the lower court improperly dismissed an estate administrator's declaratory judgment action seeking a determination that an insurance policy covers a certain vehicle in an underlying action. The estate administrator reached a settlement with the driver and owner of the vehicle, have entered a judgment against them, and have taken an assignment from them to pursue this declaratory action against their insurer. Therefore, there is no non-justiciability, which was the only basis for the lower court's dismissal of the declaratory judgment action. Reversed.
Court: Pennsylvania Superior Court, Judge: Panella, Filed On: September 26, 2023, Case #: J-A20005-23, Categories: Civil Procedure, Insurance
J. Stevens finds that the lower court properly entered a dispositional order following an adjudication of delinquency on a juvenile male's charges of sexual assault of a female classmate at his brother's home. This court cannot reweigh, as the juvenile requests, the lower court's credibility determinations of the evidence presented. Affirmed.
Court: Pennsylvania Superior Court, Judge: Stevens, Filed On: September 26, 2023, Case #: J-S24038-23, Categories: Evidence, Sex Offender, Assault
J. McKinnon finds that the youth court properly allowed the continued detention of a youth based on a late-filed charging petition. Good cause supported the exception to the deadline. The youth had repeatedly offended against her family and community, her physical and mental health required constant supervision and the state was unable to find a suitable placement outside of detention. Affirmed.
Court: Montana Supreme Court, Judge: McKinnon, Filed On: September 26, 2023, Case #: DA 21-0653, Categories: Juvenile Law
J. Casper partially allows a home purchasing couple's motion for monetary damages against the man from whom they bought their home. Specific performance and monetary damages can both be required and in this case monetary damages of $568,919 are required, "reflecting present value of additional interest over the 30-year life of the loan between 2.99% original rate and the 5.27% rate."
Court: USDC Massachusetts, Judge: Casper, Filed On: September 26, 2023, Case #: 1:21cv10815, NOS: Other Contract - Contract, Categories: Real Estate, Damages, Contract
J. Cooper denies, in part, the FEC's motion to dismiss two groups' challenging the dismissal of their claims regarding Jeb Bush and a super PAC's coordinated efforts during his presidential campaign in 2016. Contrary to the agency's argument, a previous rejection of the groups' organizational injury does not defeat their current organizational injury claim.
Court: USDC District of Columbia, Judge: Cooper, Filed On: September 26, 2023, Case #: 1:22cv3319, NOS: Other Statutory Actions - Other Suits, Categories: Administrative Law, Civil Procedure, Elections
J. Moore finds that the district court properly awarded custody of the children to the mother in a divorce. The court denied the father’s request for an interview of the children after the mother offered an affidavit stating that it was not in the children’s best interests. The affidavit noted that one child suffers from generalized anxiety disorder and had expressed an unwillingness to participate, which his therapist corroborated. The evidence supports the court's denial of the father's request for an interview, as well as the custody order. Affirmed.
Court: Nebraska Court Of Appeals, Judge: Moore , Filed On: September 26, 2023, Case #: A-22-875, Categories: Family Law
J. Wright partially grants the company's motion to dismiss a nationwide class action brought by the homeowners arising from damages to their property allegedly caused by defective Power Grout and Hardener products. The motion is granted with respect to the homeowners' claims under the Magnuson-Moss Warranty Act and Minnesota statutes, as well as the negligent misrepresentation, unjust enrichment and product liability claims. The homeowners failed to show that the Minnesota legislature intended for the statutes to apply extraterritorially. The homeowners failed to allege sufficient facts showing that damage occurred to their homes and property value to surmount the economic-loss doctrine.
Court: USDC Minnesota, Judge: Wright, Filed On: September 26, 2023, Case #: 0:22cv2173, NOS: Other Fraud - Torts - Personal Property, Categories: Product Liability, Warranty, Class Action
J. Arterburn finds that the Worker's Compensation Court properly dismissed the employee's claim for benefits after she was injured by slipping on a floor she had just washed. Though she experienced pain requiring medication, she did not report the incident until months later. The employee failed to give Walmart notice “as soon as practicable” as required by relevant statute. Affirmed.
Court: Nebraska Court Of Appeals, Judge: Arterburn , Filed On: September 26, 2023, Case #: A-23-044, Categories: Due Process, Workers' Compensation
J. Welch finds that the county court properly in part divided property, designated alimony, and ordered joint custody of the couple's children in a divorce decree. The husband did not show that student loan debt incurred by the wife, as well as home-improvement and credit card debt, was nonmarital. The husband's unvested military credits were conditionally divided, and rights were not determined with certainty. Certain hypotheticals are vacated and remanded. Affirmed in part.
Court: Nebraska Court Of Appeals, Judge: Welch , Filed On: September 26, 2023, Case #: A-22-528, Categories: Family Law
J. Kennedy finds that while this court previously remanded an individual's case to the appeals court with instructions to provide further analysis of his Open Meetings Act claims, the appeals court properly granted the board of commissioner's motion to dismiss because the petitioner had already obtained relief in the form of certain public documents, while the allegedly unlawful consent agenda was no longer used by the board, which mooted the claim. However, the appeals court erroneously reopened the question of whether the board's initial actions violated the Act, and so the case will again be remanded to allow for analysis of whether he is entitled to statutory damages. Affirmed in part.
Court: Ohio Supreme Court, Judge: Kennedy, Filed On: September 26, 2023, Case #: 2023-Ohio-3382, Categories: Government, Public Record, Damages
J. Bamattre-Manoukian finds that defendant is not entitled to resentencing under changes to the felony murder rule for a death that occurred as he fled the store he had burglarized. He struck the victim with his car during flight and the victim suffered a fatal head injury when he hit the ground, so defendant was the actual killer and was solely responsible for the victim's death. Affirmed.
Court: California Courts Of Appeal, Judge: Bamattre-Manoukian, Filed On: September 26, 2023, Case #: H050142, Categories: Murder