187 results for 'filedAt:"2024-03-25"'.
J. Feldman finds that the lower court improperly tossed forcible entry and detainer claims against a property management company over the company's decision to enter a hotel unit, remove the belongings of the guests, and deny them reentry. The lower court dismissed the claims without giving the hotel guests enough time to present their own evidence, and then ruled against them even though they had effectively rebutted the dismissal arguments of the management company. Reversed.
Court: Washington Court Of Appeals, Judge: Feldman, Filed On: March 25, 2024, Case #: 85225-6-I, Categories: Property
J. Pratt rules in part for defendant, an insurance company, in breach of contract claims in which another company seeks reimbursement for services provided to physician groups by holding that plaintiff may only continue claims that had been made prior to the date set out in their agreement. Meanwhile, the agreement requires that plaintiff's claims proceed to arbitration.
Court: USDC Southern District of Indiana, Judge: Pratt, Filed On: March 25, 2024, Case #: 1:22cv1500, NOS: Insurance - Contract, Categories: Arbitration, Civil Procedure, Contract
J. Mazzant denies without prejudice the second renewed motion for notice to potential plaintiffs in a suit brought on behalf of Jason's Deli delivery drivers who allege the improper vehicle expense reimbursement rates cause their wages to fall below the federal minimum wage. The lead plaintiff has not met the "similarly situated" threshold as to the potential opt-in plaintiffs, but he will have one more opportunity to do so.
Court: USDC Eastern District of Texas , Judge: Mazzant, Filed On: March 25, 2024, Case #: 4:20cv385, NOS: Fair Labor Standards Act - Labor, Categories: Discovery, Class Action, Labor
J. Sorokin allows the federal government’s motion for summary judgment against a food retailer suing it for disqualifying the retailer from participating in the Supplemental Nutrition Assistance Program based on the retailer’s alleged trafficking of benefits. The retailer provides generalized explanations, rather than references to the specific data the government relies upon, to dispute the government’s evidence that the retailer is trafficking, and its approach is insufficient against the government’s data.
Court: USDC Massachusetts, Judge: Sorokin, Filed On: March 25, 2024, Case #: 1:22cv10184, NOS: Administrative Procedure Act/Review or Appeal of Agency Decision - Other Suits, Categories: Evidence, Consumer Law, Federalism
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Per curiam, the circuit finds that the district court properly declined to find for well-known beer brands Modelo and Corona on trademark claims brought against a U.S. licensee that put their names on non-beer products. Since the license language could be read to extend to beverages that do not use malt or hops in production, summary judgment was not appropriate, and a jury will have to decide whether flavored hard seltzers may carry the names. Affirmed.
Court: 2nd Circuit, Judge: Per curiam, Filed On: March 25, 2024, Case #: 23-810-cv, Categories: Trademark
J. Flanagan denies in part the State of North Carolina’s motion to dismiss claims of gender discrimination brought by a human resources manager after the state allegedly underpaid her by $10,000 a year compared with male counterparts. The manager worked for the state’s transportation department, also party to this suit, so the state argues her claim is redundant. However, the manager is technically employed by the state, and even though the department recommended a salary increase for her, the state denied it.
Court: USDC Eastern District of North Carolina, Judge: Flanagan, Filed On: March 25, 2024, Case #: 5:23cv624, NOS: Employment - Civil Rights, Categories: Civil Rights, Employment, Employment Discrimination
J. Antoon denies the employee's motion to transfer venue and stay proceedings in the employer's suit against him alleging misappropriation of trade secrets and breaches of his employment contract. The forum-selection clause in the contract was reasonably communicated to the employee and therefore is not invalid for overreaching, nor would enforcement of the clause contravene strong public policies of Florida. While the employee worked for the employer in, and now works for another employer around, Indianapolis, the localized nature of the controversies does not outweigh the forum-selection clause.
Court: USDC Middle District of Florida, Judge: Antoon, Filed On: March 25, 2024, Case #: 6:23cv2338, NOS: Defend Trade Secrets Act of 2016 (DTSA) - Property Rights, Categories: Employment, Trade Secrets, Venue
J. Pucinski finds that the lower court improperly denied defendant's pro se postconviction motion challenging his life sentence for aggravated vehicular hijacking. The law does not permit a prior conviction committed before age 21 to be used as a qualifying offense for Class X sentencing. Defendant's case is remanded for resentencing. Reversed.
Court: Illinois Appellate Court, Judge: Pucinski, Filed On: March 25, 2024, Case #: 211190-B, Categories: Juvenile Law, Sentencing
J. Breyer dismisses claims from X Corp, formerly Twitter, alleging that the nonprofit published data on how much harmful content is on X in order to stop advertisers from working with the platform, which X claims cost it tens of millions in lost ad revenue. X Corp has not shown how the watchdog group is responsible for any alleged lost revenue stemming from the published data and its claims appear to be aimed only at "punishing" the nonprofit for its free speech.
Court: USDC Northern District of California, Judge: Breyer, Filed On: March 25, 2024, Case #: 3:23cv3836, NOS: Other Contract - Contract, Categories: Anti-slapp, Privacy, Contract
J. Pitts allows several class action claims to proceed against Meta from consumers who say the social media company collected their personal tax data without permission using tracking tools on a handful of popular tax preparation websites. While several theft and theft-related claims are tossed due to the class not meeting the definition of "customers" under the law, many of their negligence claims survive. There are still several factual disputes over whether consumers were properly warned on the tax filing websites that Meta was using their sites to collect financial data.
Court: USDC Northern District of California, Judge: Pitts, Filed On: March 25, 2024, Case #: 5:22cv7557, NOS: Other Statutory Actions - Other Suits, Categories: Privacy, Class Action
J. Breyer dismisses all claims from a resident who says the housing commission wrongfully denied her call for help in purchasing a home under a federal housing program that lets local housing groups help low-income families with buying a home. The program allows for "vast discretion" on what benefits are offered to whom, and there is no evidence the local housing commission violated that discretion. In fact, the commission has already helped the resident by offering her rental assistance.
Court: USDC Northern District of California, Judge: Breyer, Filed On: March 25, 2024, Case #: 3:22cv6827, NOS: Housing/Accommodations - Civil Rights, Categories: Ada / Rehabilitation Act, Housing
J. Failla partially grants the defendants' motion to dismiss investor claims that they misrepresented the value of their interests in a solar company in order to buy the investors' stake for $105 million, only to turn around and sell their collective interest for over $1 billion a year later. The parties' contract waives any right for investors to claim they were fraudulently induced into signing the sale agreement. However, the agreement does not bar claims against non-party affiliates, or non-fraud claims against the company.
Court: USDC Southern District of New York, Judge: Failla, Filed On: March 25, 2024, Case #: 1:23cv2172, NOS: Other Contract - Contract, Categories: Fraud, Contract
J. Komitee denies competing motions for summary judgment and preserves in full two state law class actions alleging Gerber misled consumers by falsely claiming its Good Start Gentle infant formula could reduce an infant’s risk of developing allergies and that the FDA had officially endorsed its claims. While the plaintiffs at this stage have failed to prove unequivocally that the product does not in fact reduce the risk of allergies, that in the form of eczema, the court finds a jury could conclude the product’s labeling deceives consumers as to its effectiveness and to what degree the FDA approved those claims.
Court: USDC Eastern District of New York, Judge: Komitee, Filed On: March 25, 2024, Case #: 1:15cv2995, NOS: Tort Product Liability - Real Property, Categories: Product Liability, Class Action
J. Crabtree grants a City's motion to dismiss a former employee's equal protection claims. The employee, a municipal judge who underwent monthly infusions for an illness, failed to sufficiently show in court that she could assert a "class of one" claim in the public employment arena.
Court: USDC Kansas, Judge: Crabtree, Filed On: March 25, 2024, Case #: 2:23cv2043, NOS: Amer w/Disabilities - Other - Civil Rights, Categories: Civil Rights, Employment, Equal Protection
J. Isaac grants in part a transportation company’s motion for a protective order in a suit on negligence claims filed by an employee who was harmed when driving a tractor. For instance, the motion is partly granted as to the specified topic regarding the company's answers to interrogatories, and it is fully granted as to the topic regarding the deposition testimony of the defendant driver.
Court: USDC Southern District of Mississippi , Judge: Isaac, Filed On: March 25, 2024, Case #: 3:22cv251, NOS: Motor Vehicle - Torts - Personal Injury, Categories: Employment, Negligence, Discovery
[Consolidated.] J. Flanagan grants a former student his motion to certify this case for appeal after the court dismissed North Carolina State University from the student’s suit accusing the school and a sports medicine doctor of sexual abuse. According to federal civil rights law, an allegation of sexual grooming behavior on its own does not establish notice to the university of sexual harassment. However, because in this case a jury could reasonably judge that the university should have taken responsibility for the doctor’s behavior, of which it was aware, this is enough to certify the case for appeal.
Court: USDC Eastern District of North Carolina, Judge: Flanagan, Filed On: March 25, 2024, Case #: 5:22cv344, NOS: Education - Civil Rights, Categories: Civil Rights, Education, Tort