137 results for 'filedAt:"2023-11-07"'.
J. Geraci dismisses claims contending a drug company failed to pay a provider rebates under a wholesale agreement because the drug company is not a party to the participation agreement and did not violate the agreement by changing its credit card processing vendor. Meanwhile, evidence does not indicate the specialty care company acted as agent on behalf of the drug company in entering the distribution agreement.
Court: USDC Western District of New York, Judge: Geraci , Filed On: November 7, 2023, Case #: 6:23cv6174, NOS: Other Contract - Contract, Categories: Contract
Per curiam, the circuit finds that defendant was properly convicted of possessing and exporting stolen motor vehicles. Defendant was not prejudiced when a police detective involved in the case was allowed to testify as both an expert and a fact witness because sufficient jury instructions distinguished the two roles. Meanwhile, the court properly allowed the state to admit evidence of defendant's prior arrest for driving a stolen vehicle since such provided a reasonable basis to infer knowledge or intent. Affirmed.
Court: 2nd Circuit, Judge: Per curiam, Filed On: November 7, 2023, Case #: 22-623-cr, Categories: Intent, Theft, Experts
J. McMillian finds that the trial court properly convicted defendant of murder, feticide and other offenses. Sufficient evidence was presented to support defendant's murder conviction, including testimony from multiple eyewitnesses who said defendant brandished a gun while yelling threats towards a group of people which included the victim. Defendant also admitted she fired her gun and there was evidence that the bullet that killed the victim was fired from defendant's gun. Defendant failed to show that her trial counsel was deficient for failing to object to portions of a detective's testimony or that the alleged deficiencies were prejudicial to defendant. Affirmed.
Court: Georgia Supreme Court, Judge: McMillian, Filed On: November 7, 2023, Case #: S23A0846, Categories: Ineffective Assistance, Murder
J. Hull certifies two questions to the Florida Supreme Court related to Florida’s Motor Vehicle Repair Act in a RICO, fraud and declaratory judgment action brought by the insurer against the windshield repair shop arising from the shop's alleged violations of the Act. The insurer claimed the shop was not entitled to payment for completed windshield repairs because it subcontracted repair work without insureds' knowledge or consent and failed to give insureds written repair estimates, invoices or odometer readings on work orders. The district court ruled in favor of the shop. The questions certified to the Florida Supreme Court ask whether the statute grants an insurer a cause of action when a repair shop does not provide a written repair estimate and whether the violations alleged in the case void a repair invoice for completed repairs.
Court: 11th Circuit, Judge: Hull, Filed On: November 7, 2023, Case #: 23-11056, Categories: Insurance
J. Carter overturns the insurance company's decision to terminate the industrial engineer's long-term disability benefits and life waiver of premium in February 2020 after the industrial engineer suffered a cardiac arrest in August 2016, which caused his multiple cardiovascular medical conditions and cognitive deficits that made it impossible for him to perform the material duties of his job. The insurance company's own hired expert corroborated testimony that the industrial engineer's cognitive impairment qualifies him as disabled, and the treadmill tests that the insurance company had him perform do not prove that the industrial engineer can tolerate occupational stress.
Court: USDC Central District of California, Judge: Carter, Filed On: November 7, 2023, Case #: 8:22cv181, NOS: Employee Retirement Income Security Act (ERISA) - Labor, Categories: Erisa, Experts
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J. Robart awards the glass infuser company $5,000 in statutory damages and $687 in litigation costs against the tobacco shop and its owner for selling unauthorized glass infusers bearing the glass infuser company's "Studenglass" trademark. The glass infuser company demonstrates that it owns a valid Studenglass mark, and that the tobacco shop's use of that mark is likely to cause consumer confusion.
Court: USDC Western District of Washington, Judge: Robart, Filed On: November 7, 2023, Case #: 2:23cv321, NOS: Trademark - Property Rights, Categories: Trademark, Damages
[Consolidated.] Per curiam, the Georgia Supreme Court finds that the appeals court improperly upheld the trial court's ruling in favor of the sheriff's lieutenant in an action brought by the individual for damages allegedly caused by the lieutenant's failure to activate a tornado warning system. The appeals court incorrectly upheld the trial court's ruling on the grounds that the public duty doctrine barred the individual's claims without first considering whether sovereign immunity barred the claims against the lieutenant in her official capacity. Vacated.
Court: Georgia Supreme Court, Judge: Per curiam, Filed On: November 7, 2023, Case #: S23C0836, Categories: Immunity, Damages
J. Jabar finds that the lower court properly entered a summary judgment approving the state tax assessor's method of calculating the appellants' tax liability. Although the lower court "applied an improper legal standard" for two of the counts, the appellants' argument that there is an issue of material fact preventing summary judgment lacks merit. Instead, summary judgment was still appropriate. Affirmed.
Court: Maine Supreme Court, Judge: Jabar, Filed On: November 7, 2023, Case #: 2023ME68, Categories: Tax
J. Ellington finds that the trial court properly convicted defendant of murder. Defendant failed to show that the was prejudiced by the trial court's failure to give an accomplice corroboration jury instruction since there was substantial evidence presented at trial corroborating the witness's testimony. The trial court did not commit any error by admitting into evidence a document titled "proof of incarceration" with defendant's information on it which was found at the crime scene. The probative value of the document outweighed the risk of unfair prejudice to defendant because it was relevant to show defendant was likely present at the crime scene around the time of the murder. Affirmed.
Court: Georgia Supreme Court, Judge: Ellington, Filed On: November 7, 2023, Case #: S23A0871, Categories: Murder, Jury Instructions
J. Donnelly finds a general contractor and its principals jointly and severally liable for costs paid by its surety to cover the losses and expenses after the contractor was terminated from a series of public works projects for New York State Parks due to performance issues. The surety is seeking $553,468 in damages, however, the court requests additional documentation before approving that figure.
Court: USDC Eastern District of New York, Judge: Donnelly, Filed On: November 7, 2023, Case #: 2:20cv1730, NOS: Other Contract - Contract, Categories: Insurance, Damages
J. Gray finds that the lower court properly issued audit assessments for an oil and gas company that increased the value of their production. The lower court properly evaluated several key aspects of the company's operation to make the assessments, such as determining that their facilities are not considered "processing facilities" and that their key point of valuation was the outlet of a triethylene glycol dehydrator. Affirmed.
Court: Wyoming Supreme Court, Judge: Gray, Filed On: November 7, 2023, Case #: S-23-0036, Categories: Tax
J. Ryu declines to dismiss claims alleging that the City of San Mateo has a practice of turning over control of seized vehicles to private tow companies without due process. The claims come from a leasing company that says it is entitled to possession of a Volkswagen after an individual could not keep up with her payments, but that the city told a towing company to store it and not release it without city approval. The city's defense that it was entitled to the seizure of the car under its community caretaking functions relies on facts not related to the complaint against it, and the complaint itself meets the bar of raising valid due process concerns at this stage.
Court: USDC Northern District of California, Judge: Ryu, Filed On: November 7, 2023, Case #: 4:23cv2884, NOS: Other Civil Rights - Civil Rights, Categories: Municipal Law, Due Process
J. Rochon denies the third-party seller's motion to vacate an arbitration award in favor of Amazon based on the e-commerce giant's withholding of $524,000 in payments due to the seller's violation of its policy regarding incentives for positive reviews. The arbitrator ultimately allowed Amazon to keep $100,000 of the funds as a penalty for the company's policy violation and based on evidence that the company used a false identity to mask its true owners. There is no public policy ground to vacate the award, and the damages are reasonable given the difficulty in quantifying the impact to Amazon's brand and reputation.
Court: USDC Southern District of New York, Judge: Rochon, Filed On: November 7, 2023, Case #: 1:23cv3334, NOS: Arbitration - Other Suits, Categories: Arbitration, Business Practices, Contract