179 results for 'filedAt:"2023-12-19"'.
J. Montenegro grants the media company's motion for judgment on the pleadings as to the store's trade libel counterclaim alleging that the media company posted more than a hundred negative reviews against the store on Google and Yelp. The store fails to identify any customers or transactions they lost as a result of the alleged trade libel, or show to a reasonable certainty that they suffered general business loss as a result. However, the store is granted leave to add a new claim for defamation based on the same allegations supporting their trade libel claim.
Court: USDC Southern District of California, Judge: Montenegro, Filed On: December 19, 2023, Case #: 3:21cv1909, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Defamation
Per curiam, the circuit finds the district court improperly denied defendant's petition for an extraordinary writ based on facts coming to light after defendant's trial for conspiracy to distribute marijuana. Defendant has always contended that he purchased marijuana for personal consumption only, never conspiring with the seller to distribute, while evidence has been shown that his guilty plea was the product of “abusive, over-reaching, and unconstitutional tactics” by the investigating DEA agent. Vacated.
Court: 5th Circuit, Judge: Per curiam, Filed On: December 19, 2023, Case #: 23-30141, Categories: Drug Offender, Prosecutorial Misconduct, Search
J. Zimmerer finds that the evidence did not support the trial court designating the mother as the "primary custodial parent without a geographic restriction." The final order failed to conform to the pleadings, as the temporary orders required a geographic restriction and neither party sought removal of the restriction. Reversed.
Court: Texas Courts of Appeals, Judge: Zimmerer, Filed On: December 19, 2023, Case #: 14-22-00949-CV, Categories: Evidence, Family Law
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J. Winchester finds the district court properly quieted title to the property in favor of the party claiming title through a warranty deed. Though another party claims title to the property through adverse possession, possession alone is not sufficient, and the possessor cannot prove she adversely possessed the property for the 15 years required for the claim. Affirmed in part.
Court: Oklahoma Supreme Court, Judge: Winchester , Filed On: December 19, 2023, Case #: 120181, Categories: Civil Procedure, Property
J. Lewison finds a lower court properly dismissed patent infringement claims brought by a consumer electronics company against a car jump starter manufacturer. The consumer electronics company argued that the car jump starter maker infringed on its lithium battery technology. However, the car jump starter manufacturer sufficiently showed that the patent is invalid for obviousness. Affirmed.
Court: Her Majesty's Court of Appeal, Judge: Lewison, Filed On: December 19, 2023, Case #: CA-2022-1980, Categories: Patent, Technology
J. Fitzgerald denies in part Porsche's motion to dismiss a consumer's Song-Beverly Consumer Warranty Act claims. The consumer alleges that in the 2021 Taycan he leased, Apple CarPlay does not work consistently, the heat does not work, and the SmartLift system does not consistently work, resulting in the car scraping the ground. The consumer sufficiently pleaded that the car has a defect, that he repeatedly sought repairs and that he has statutory standing to bring his claims.
Court: USDC Central District of California, Judge: Fitzgerald, Filed On: December 19, 2023, Case #: 2:23cv6465, NOS: Other Fraud - Torts - Personal Property, Categories: Fraud, Vehicle, Warranty
J. Stroud finds that the trial court improperly convicted defendant of larceny from a merchant because evidence did not prove defendant created a product code "for the purpose of fraudulently obtaining goods or merchandise from a merchant at less than its actual sale price." Reversed in part.
Court: North Carolina Court of Appeals, Judge: Stroud, Filed On: December 19, 2023, Case #: COA22-620, Categories: Theft
J. Donohue finds that the lower court’s order sustaining the Department of Corrections’ preliminary objections to a prisoner’s timely filed petition alleging that he was denied his procedural due process rights when the department deducted certain payments from his prison-account deposits. The department violated the prisoner’s procedural due process rights when it increased the rate of his deductions without pre-deprivation notice and an opportunity to be heard. Reversed.
Court: Pennsylvania Supreme Court, Judge: Donohue, Filed On: December 19, 2023, Case #: J-32-2023, Categories: Civil Procedure, Due Process
Per curiam, the Supreme Court of Ohio finds the lower court properly granted the warden's motion to dismiss the inmate's habeas petition. Even if his claim about the trial court's violation of his right to counsel had merit, it would not have deprived the court of jurisdiction or rendered his convictions void. Affirmed.
Court: Ohio Supreme Court, Judge: Per curiam, Filed On: December 19, 2023, Case #: 2023-Ohio-4568, Categories: Habeas, Jurisdiction
J. Lin dismisses the chemical distribution company's Computer Fraud and Abuse Act claim in its complaint alleging that the former salespeople conspired to use the company's trade secrets for a new company and that they "permanently deleted" company emails even after the chemical distribution company ordered them not to. The chemical distribution company argues that the former salespeople violated a use restriction, which is an argument that both the 9th Circuit and the U.S. Supreme Court rejected in similar cases.
Court: USDC Western District of Washington, Judge: Lin, Filed On: December 19, 2023, Case #: 2:23cv775, NOS: Defend Trade Secrets Act of 2016 (DTSA) - Property Rights, Categories: Fraud, Trade Secrets
J. McCafferty grants a major home improvement company’s motion to dismiss a class action brought against it by a customer for giving information from her driver’s license to a third party without her consent. The consumer’s information, which the company shared, is not department information or a motor vehicle record which was sold, rented, offered or exposed for sale.
Court: USDC New Hampshire, Judge: McCafferty, Filed On: December 19, 2023, Case #: 1:23cv294, NOS: Other Statutory Actions - Other Suits, Categories: Consumer Law, Privacy, Class Action
J. Boomgaarden finds that the lower court improperly denied total disability benefits to a worker when he suffered a work-related injury after a 100-pound metal baffle fell onto him. The lower court determined that he could not be afforded his benefits without a physician’s certification, but under the law, a physician’s certification is not a prerequisite for benefits under cases such as his. Reversed.
Court: Wyoming Supreme Court, Judge: Boomgaarden, Filed On: December 19, 2023, Case #: S-23-0111, Categories: Workers' Compensation
J. McMillian finds that the trial court properly convicted defendant of murder, armed robbery and other offenses. The trial court correctly denied defendant's motions for mistrial. Defendant failed to move for mistrial based on a co-indictee's references to being previously incarcerated with defendant until the day after the co-indictee's testimony. Defendant also failed to timely move for a mistrial on the ground that the state failed to disclose evidence favorable to defendants. Defendant failed to show that his trial counsel's performance was deficient. Affirmed.
Court: Georgia Supreme Court, Judge: McMillian, Filed On: December 19, 2023, Case #: S23A1097, Categories: Murder, Robbery
J. Bryan grants the insureds' modified motion for class wide declaratory relief for their class action asserting that the insurance company must cover treatment of gender dysphoria and gender reassignment surgery for a minor. The prior order already demonstrates that the insurance company's denial of the aforementioned benefits was sex discrimination that was not allowed with the federal financial assistance it received, and declaratory relief will both vindicate the insureds' position about the discrimination they faced and help prevent future litigation.
Court: USDC Western District of Washington, Judge: Bryan, Filed On: December 19, 2023, Case #: 3:20cv6145, NOS: Insurance - Contract, Categories: Insurance, Class Action, Contract
J. Pirtle finds the lower court properly denied the 15-year-old defendant's motion to waive jurisdiction to the juvenile court. Defendant was charged with attempted murder, assault and use of a deadly weapon to commit a felony for stabbing the 15-year-old victim. Although defendant has no criminal history, factors weigh in favor of the lower court's retention, including defendant's stated desire to kill people, his choice of a random victim and his statement that stabbing him "kind of felt nice." Affirmed.
Court: Nebraska Court Of Appeals, Judge: Pirtle , Filed On: December 19, 2023, Case #: A-23-581, Categories: Evidence, Juvenile Law, Murder
J. Wicks refuses to disqualify a citizen’s counsel in his civil rights lawsuit against Suffolk County on the basis that he and his counsel are in a romantic relationship and have been dating for the past four years, finding she is not a witness to the events or named in the suit. The court further denies the citizen’s third motion to compel seeking files regarding Internal Affairs investigations, finding he failed to make an effort to meet and confer with opposing counsel before filing the motion as required by court procedure.
Court: USDC Eastern District of New York, Judge: Wicks, Filed On: December 19, 2023, Case #: 2:20cv1501, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Discovery
J. Dillard finds that the trial court properly convicted defendant of armed robbery, aggravated assault, aggravated battery, possession of a firearm during the commission of a felony and other offenses. The trial court correctly allowed the co-defendant to identify defendant in surveillance footage of the armed robbery. The co-defendant lived with defendant and was familiar with defendant's appearance. Affirmed.
Court: Georgia Court of Appeals, Judge: Dillard, Filed On: December 19, 2023, Case #: A23A1446, Categories: Robbery, Assault, Battery
J. Fischer enteres a permanent writ ordering the lower court to dismiss counts claiming the tech company failed to provide class members with timely notice of increased property assessments, and caused others to have their property assessments increase by more than 15% without a physical inspection. The tech company, which operated as a subcontractor to the county, is entitled to dismissal of these claims because it did not owe the property owner a duty of care.
Court: Missouri Supreme Court, Judge: Fischer, Filed On: December 19, 2023, Case #: SC100298, Categories: Property, Tax, Negligence