164 results for 'filedAt:"2023-08-17"'.
[Consolidated.] J. White finds the lower court improperly dismissed the homeowners' claims against the federal government for its response to the 2016 Great Smoky Mountains forest fire. Although their notification forms to the Department of the Interior did not specifically mention "failure to act" as their primary cause of action, the presentment requirement of the Federal Tort Claims Act requires only written notification of the incident and a claim for money damages, both of which were included on the form. Reversed.
Court: 6th Circuit, Judge: White, Filed On: August 17, 2023, Case #: 22-5492, Categories: Civil Procedure, Government, Tort
J. Fitzgerald finds in favor of the insurance company against the full-service printing company’s claim that the insurance company wrongfully denied it coverage in an underlying lawsuit, in which the printing company allegedly attempted to solicit a competitor’s client after obtaining its confidential information by hiring its former employee. The Printers Errors and Omissions Policy that the printing company bases its claim on does not apply, because using misappropriated information when attempting to solicit business does not qualify as “printing services or products” under the policy.
Court: USDC Central District of California, Judge: Fitzgerald, Filed On: August 17, 2023, Case #: 2:21cv9896, NOS: Insurance - Contract, Categories: Insurance, Trade Secrets, Contract
J. Pitman rules in favor of the government in a civil rights action brought by individuals arising from the Treasury Department's decision to add Tornado Cash to the Specially Designated Nationals and Blocked Persons list. Although the individuals claim Tornado Cash is an open-source software project on a virtual currency blockchain, the government claims it is an organization running a cryptocurrency mixing service laundering money for illicit actors including a North Korean state-sponsored hacking group. The government's designation of Tornado Cash does not exceed its statutory powers and is not inconsistent with its regulations. Tornado Cash has a property interest in the smart contract software programs because they provide it with a means to control and use crypto assets. The government's action does not implicate the First Amendment.
Court: USDC Western District of Texas , Judge: Pitman, Filed On: August 17, 2023, Case #: 1:23cv312, NOS: Administrative Procedure Act/Review or Appeal of Agency Decision - Other Suits, Categories: Civil Rights, Government
J. Seibel approves of the consent decree between the Washington cabinet store and the New York cabinet store, which states that the New York cabinet store's marketing of "Cabinets To Go" infringes on the Washington cabinet store's existing trademarks. Among other stipulations, the New York cabinet store and its officers are restrained from marketing the "Cabinets To Go" marks, names or similarly confusing designations.
Court: USDC Southern District of New York, Judge: Seibel, Filed On: August 17, 2023, Case #: 7:23cv3732, NOS: Trademark - Property Rights, Categories: Settlements, Trademark
J. Wormuth grants, in part, the female student's motion for summary judgment, ruling the former teacher's sexual harassment, including grabbing the student's butt on several occasions, touching her thigh inappropriately while she slept on a school bus, and hugging her excessively, meets the level of behavior required under the conscience shocking standard and entitles the student to judgment on her substantive due process claim. However, despite the teacher's guilty plea to criminal charges that stemmed from his behavior, he did not admit to engaging in the conduct for the purposes of sexual gratification and so the student is not entitled to judgment on her Equal Protection sexual harassment claim.
Court: USDC New Mexico, Judge: Wormuth, Filed On: August 17, 2023, Case #: 2:20cv276, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Due Process, Equal Protection
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J. Gesner grants summary judgment to a county alleged of discriminating against and firing a firefighter based on his age. The firefighter, who began training at the age of 46, passed all initial physical and written tests required. Certain staff and supervisors made comments about him being old for a firefighter, then academy trainers recommended his termination for failure to meet department trainee standards. The academy determined that while the firefighter passed the bare minimum requirements, he did so poorly in terms of the anticipated team dynamics and duress expected during a real fire emergency. The alleged comments he heard are not correlated strongly enough to establish age discrimination, especially in light of the academy’s evaluation.
Court: USDC Maryland, Judge: Gesner, Filed On: August 17, 2023, Case #: 1:21cv2108, NOS: Employment - Civil Rights, Categories: Employment, Employment Discrimination, Employment Retaliation
J. Chasanow partially grants the chairman of the U.S. Nuclear Regulatory Commission his motion to dismiss allegations of gender discrimination and retaliation brought by a former engineer. Multiple male staff and supervisors allegedly fabricated emails between the engineer and themselves, making her look incompetent, falsely accusing her of leaking confidential documents and the like, then forwarding those emails to senior executives. When she confronted a supervisor about his treatment of her, he banged his fists on a desk and said she was not following protocol. The engineer complained internally and filed an EEOC complaint when she was not promoted a second time. While she fails to state a claim of gender discrimination, she can proceed on retaliation as well as hostile work environment claims.
Court: USDC Maryland, Judge: Chasanow, Filed On: August 17, 2023, Case #: 8:22cv1008, NOS: Employment - Civil Rights, Categories: Employment, Employment Discrimination, Employment Retaliation
J. Lawrence finds that the lower court improperly divided the marital property in this divorce case. It was error to set the value of certain real property "as of the date the parties separated rather than the date the parties divorced." Vacated in part.
Court: Maine Supreme Court, Judge: Lawrence, Filed On: August 17, 2023, Case #: 2023ME54, Categories: Family Law, Real Estate
J. Jones finds the district court properly dismissed defendant’s claims of ineffective assistance on charges of child pornography distribution, claiming that his counsel provided him “patently erroneous advice” regarding his Louisiana plea agreement which stipulated that he would not be tried for other offenses. His attorney did not know about a second indictment for child abuse in Texas. The district court’s application of the procedural bar to the breach-of-plea agreement claim was improper and the Fifth Circuit remands this to determine whether defendant can overcome this bar, and, if so, whether the plea agreement was breached. Affirmed in part. Reversed in part and remanded.
Court: 5th Circuit, Judge: Jones, Filed On: August 17, 2023, Case #: 18-30694, Categories: Plea, Due Process, Child Pornography
J. Lin dismisses the video game publisher's claim that two of its former employees created a competing game using confidential information from the "P3" game they began developing for the publisher. The former employees signed a forum selection clause and their alleged conduct is closely related to the contract containing the clause. Korea is also the more convenient forum, as most of the witnesses and evidence are located in Korea or written in Korean.
Court: USDC Western District of Washington, Judge: Lin, Filed On: August 17, 2023, Case #: 2:23cv576, NOS: Copyrights - Property Rights, Categories: Trade Secrets, Jurisdiction, Contract
J. Theofanis finds that the trial court improperly ruled against a tenant in a forcible detainer suit filed against her by an apartment complex. After the trial court ruled to force the tenant off the premises, she appealed, arguing that the apartment complex had not complied with statutory requirements to notify her to leave the property. The apartment complex did not give timely notice, thus rendering the trial court’s decision improper. Reversed.
Court: Texas Courts of Appeals, Judge: Theofanis, Filed On: August 17, 2023, Case #: 03-22-00070-CV, Categories: Landlord Tenant, Property, Housing
J. Engelmayer grants the clean energy fin-tech company's motion to compel arbitration regarding claims from a consumer who is part of a class action accusing the solar energy equipment supplier, the clean energy fin-tech company and others of fraudulently inducing consumers to purchase and install solar panels for their homes with the promise of "welcome checks" that were never paid. The consumer at issue signed the contract after a representative visited her home to obtain her signature for financing and installation. She should have known of the existence of terms and conditions even if no one explained them to her. She is not exempt from arbitration.
Court: USDC Southern District of New York, Judge: Engelmayer, Filed On: August 17, 2023, Case #: 1:22cv10816, NOS: Other Fraud - Torts - Personal Property, Categories: Arbitration, Fraud, Class Action
J. Trauger partially grants the dismissal motions in this lawsuit arising from the alleged sexual abuse of a fencing student. The complaint, which is brought by the minor fencer and her parents, fails to state a Section 1595(a) claim against USA Fencing with respect to the coach's alleged violations of the Trafficking Victims Protection Act. The negligence per se claim will also be dismissed, as to USA Fencing and the defendant fencing club.
Court: USDC Middle District of Tennessee , Judge: Trauger, Filed On: August 17, 2023, Case #: 3:22cv560, NOS: Other Personal Injury - Torts - Personal Injury, Categories: Civil Procedure, Negligence, Emotional Distress