196 results for 'filedAt:"2023-11-08"'.
J. Robart denies the glass infuser company's request for entry of a permanent injunction in its complaint alleging that the tobacco shop owner and others sold unauthorized counterfeit glass infusers and accessories bearing the glass infuser company's "Stundenglass" trademark. The glass infuser company seeks an injunction that is broader than what it outlined in its complaint, which does not include an injunction against "[a]ssisting, aiding or attempting to assist or aid others against performing the listed actions."
Court: USDC Western District of Washington, Judge: Robart, Filed On: November 8, 2023, Case #: 3:23cv5181, NOS: Trademark - Property Rights, Categories: Trademark, Injunction
J. Streeter finds, on first impression, that the trial court properly rejected a husband's claim for reimbursement of a separate property contribution he made to a corporation that was determined in dissolution proceedings to be a community asset. His choice to sell his existing business to one owned jointly with his spouse for $1 does not mean it was a gift since low consideration is not the same as no consideration. Affirmed.
Court: California Courts Of Appeal, Judge: Streeter, Filed On: November 8, 2023, Case #: A166543, Categories: Family Law
[Consolidated.] J. Thapar finds the lower court properly granted the government's motion to dismiss tort claims filed by the decedent's estate and his family members. The estate failed to file an administrative claim with the Department of Homeland Security before it filed suit, while the family members waited more than a year past the statute of limitations before they filed both the administrative claim and the federal lawsuit. Affirmed.
Court: 6th Circuit, Judge: Thapar, Filed On: November 8, 2023, Case #: 22-1591, Categories: Civil Procedure, Tort, Wrongful Death
J. Duffy finds the trial court erroneously granted the employer's motion for summary judgment on negligence and negligent entrustment claims filed by the injured driver because there are questions of fact as to whether the employee was acting in the scope of his employment when he caused the head-on collision. Although the employee was driving a personal vehicle and was not on the clock at the time of the accident, he was transporting an assistant and welding equipment to a jobsite, which renders an interpretation he was within the scope of his employment reasonable. Reversed in part.
Court: New Mexico Court of Appeals, Judge: Duffy, Filed On: November 8, 2023, Case #: A-1-CA-39686, Categories: Vehicle, Negligence
J. Emas finds the trial court properly entered final judgment in favor of the property owners in a quiet title dispute from a limited liability company and a citizen, as the company and citizen failed to adequately dispute material facts established by the property owners. Affirmed.
Court: Florida Courts Of Appeal, Judge: Emas, Filed On: November 8, 2023, Case #: 22-2150, Categories: Property, Contract
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J. Walker affirms the lower court's orders dismissing the Hampshire County Sheriff deputy's 2019 civil suit accusing a West Virginia state trooper and two county prosecutors of conspiring to prosecute him in 2017 on charges of domestic assault and domestic battery on which he was later acquitted. There is no error in the suit's dismissal since prosecutors have absolute immunity in civil cases, and the deputy's claims against the trooper for civil conspiracy and abuse of process have no support beyond his claim for malicious prosecution. Affirmed.
Court: West Virginia Supreme Court Of Appeals, Judge: Walker, Filed On: November 8, 2023, Case #: 22-0111, Categories: Government, Malicious Prosecution, Immunity
J. Egan finds trial court’s failure to instruct the jury that a culpable mental state attached to the “substantial risk of physical injury” was harmless against defendant, convicted of reckless driving. Based on the evidence, “there is little likelihood that the jury would have found that defendant was not the same person driving in both instances, or that either instance did not constitute vehicular fleeing or attempting to elude.” Affirmed.
Court: Oregon Court of Appeals, Judge: Egan, Filed On: November 8, 2023, Case #: A177666, Categories: Jury Instructions
J. Tabor finds that defendant was properly convicted of felony stalking since the prosecutor’s references to defendant's "obsession" with an 18-year-old girl across the street constituted fair comments on the overwhelming evidence of his behavior. Affirmed.
Court: Iowa Court Of Appeals, Judge: Tabor, Filed On: November 8, 2023, Case #: 22-1978, Categories: Evidence, Harassment
J. Scott finds that defendant was properly convicted of possession of a firearm by a felon as a habitual offender and OWI, second offense. Defendant failed a sobriety test during a traffic stop and, while talking to an acquaintance on the phone in front of a police officer, he admitted he had been in possession of a gun. Affirmed.
Court: Iowa Court Of Appeals, Judge: Scott, Filed On: November 8, 2023, Case #: 22-1650, Categories: Evidence, Firearms, Dui
J. Gillmor dismisses several counts, including negligence and false arrest, against a Honolulu police officer that arrested a man for sexual assault of a minor in 2003. These claims, brought in 2021, exceed the statute of limitations because the initial arrest and conviction occurred almost 20 years ago, the man was released from prison nearly 10 years ago and the convictions were vacated over two years ago. A malicious prosecution claim against the officer remains however, as time for this claim only began accruing in 2020, when the circuit court dismissed the criminal case on remand.
Court: USDC Hawaii, Judge: Gillmor, Filed On: November 8, 2023, Case #: 1:21cv461, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Malicious Prosecution, Negligence
J. Kamins finds the juvenile court properly adopted and implemented a Tribal Customary Adoptive Agreement involving a mother’s two children. “Mother’s rights were not substantially affected.” Affirmed.
Court: Oregon Court of Appeals, Judge: Kamins, Filed On: November 8, 2023, Case #: A181037, Categories: Family Law
Per curiam, the Seventh Circuit finds that the lower court improperly ruled it lacked authority to adjust defendant's restitution payment schedule. Defendant does not seek to alter the amount of restitution, but to modify the judgment to change the restitution schedule from "immediate," which allowed the government to take funds out of his prison account despite his upcoming hip surgery which will leave him unable to work. The court has this authority under section 3664(k). Vacated.
Court: 7th Circuit, Judge: Per curiam, Filed On: November 8, 2023, Case #: 23-1752, Categories: Criminal Procedure, Robbery, Restitution
J. Seybert denies a motion to recuse herself from an attorney’s civil rights action alleging due process violations. The attorney tried to argue the judge’s impartiality would be impacted by a working relationship she had with a defendant while working as a judge at the Nassau County District Court over 30 years ago, when the defendant was working as a court officer in the same location. However, the judge has no recollection of the defendant and their relationship at the time was simply professional.
Court: USDC Eastern District of New York, Judge: Seybert, Filed On: November 8, 2023, Case #: 2:22cv7398, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Judiciary, Due Process
J. Bower finds that defendant was properly convicted of forging a Covid-19 document while applying for pandemic assistance based on evidence that included a sloppy cut-and-paste application and proof that she had not visited her doctor during the relevant time. Affirmed.
Court: Iowa Court Of Appeals, Judge: Bower, Filed On: November 8, 2023, Case #: 22-1689, Categories: Evidence, Forgery
J. Gray finds that the lower court properly issued an order dividing marital assets in a divorce dispute. The former wife requested an alteration to the order on the grounds that she be allowed to make her equalization payment in installments instead of a lump sum, which the lower court granted, but the husband claims that her request should have been tossed. In support of his argument, he cites only one prior case that is not relevant to this case and his general complaint lacks a "cogent argument." Affirmed.
Court: Wyoming Supreme Court, Judge: Gray, Filed On: November 8, 2023, Case #: S-23-0099, Categories: Family Law
J. Jackson grants the well owner's motion to certify class in this action alleging a "breach of the implied duty to market" against the defendant well operator and lessees. The well owner asserts that the defendants improperly deduct royalties for processing "for purposes of obtaining marketability," and the court concludes that it has sufficiently satisfied its burden to establish the case as a class action.
Court: USDC Eastern District of Oklahoma, Judge: Jackson, Filed On: November 8, 2023, Case #: 6:17cv101, NOS: Other Contract - Contract, Categories: Energy, Class Action
J. Buller finds that financial provisions were properly determined in a dissolution of marriage because the court arrived at a fair valuation of a condominium property by splitting the difference between the husband's low-ball estimate and the wife's unrealistically high calculation. Affirmed.
Court: Iowa Court Of Appeals, Judge: Buller, Filed On: November 8, 2023, Case #: 22-1513, Categories: Family Law
J. Armstead determined the circuit court did not err when granting summary judgment in favor of a doctor and two medical institutions, who were sued by a patient for medical malpractice after he became addicted to prescription pain medications. The circuit court found the patient’s claims were barred by statutes of limitations under the West Virginia Medical Professional Liability Act. He had two years to file a complaint after submitting an intent to sue in May 2018, but did not file a completed notice of claim or certificate of merit until July 2020.
Court: West Virginia Supreme Court Of Appeals, Judge: Armstead, Filed On: November 8, 2023, Case #: 22-158, Categories: Tort, Negligence, Medical Malpractice
[Consolidated.] J. Wooton dismisses the Nicholas County mother's appeal of the lower court's order denying her motion for post-termination visitation of her infant daughter and affirms the court's order terminating the father's parental rights. Since there are still issues not yet ripe for adjudication, the court lacks subject-matter jurisdiction to hear the mother's appeal. Based on the judge's "very detailed and well-supported" dispositional order, there is no likelihood the conditions the father created that led to his daughter's abuse and neglect could be substantially corrected. Affirmed.
Court: West Virginia Supreme Court Of Appeals, Judge: Wooton, Filed On: November 8, 2023, Case #: 22-733, Categories: Family Law, Government