187 results for 'filedAt:"2024-03-25"'.
J. Reidinger grants an abortion protestor his motion for summary judgment after he alleged a local municipality and police officer had infringed upon his First Amendment rights. The municipality had recently amended its noise ordinances, specifically outside of a health care facility that provides abortions following increased noise complaints as evidenced by an eight-year study. However, the amendment was found to have compromised the protestor’s right to free speech.
Court: USDC Western District of North Carolina, Judge: Reidinger, Filed On: March 25, 2024, Case #: 1:22cv222, NOS: Other Civil Rights - Civil Rights, Categories: Health Care, Municipal Law, First Amendment
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J. Goldberg grants summary judgment of noninfringement of U.S. Patent No. 6,219,730 concerning Bluetooth modules contained in Sony video game controllers because the patent holder failed to prove the module was equivalent to the patent's logic diagram under the function-way-result test.
Court: USDC Delaware, Judge: Goldberg, Filed On: March 25, 2024, Case #: 1:17cv135, NOS: Patent - Property Rights, Categories: Patent
J. Kendall grants an animal medicine manufacturer’s motion to transfer this sex discrimination and employment retaliation suit to the the District of North Texas. The court finds that many relevant events in the case occurred in Texas, and most of the non-party witnesses live there, making venue transfer appropriate.
Court: USDC Northern District of Illinois, Judge: Kendall, Filed On: March 25, 2024, Case #: 1:23cv5273, NOS: Employment - Civil Rights, Categories: Venue, Employment Discrimination, Employment Retaliation
J. Stevens finds that while the trial court properly reinstated a prior summary judgment in a property dispute case, a portion of the order should be reversed for being overbroad. The specified paragraph in the order that prohibits the owners from "using or advertising the property for special events or other non-residential uses" is overbroad, so the case is remanded for the trial court to reconsider and redraft the language. Reversed in part.
Court: Texas Courts of Appeals, Judge: Stevens, Filed On: March 25, 2024, Case #: 06-23-00080-CV, Categories: Civil Procedure, Property, Trusts
J. Barbadoro denies two brothers’ motion for summary judgment against their former employer, who is suing them after they retained its confidential information, solicited its clients and competed against it. While the brothers claim the non-compete and non-solicitation provisions of their employment agreements are unreasonable and therefore unenforceable, they are, in fact, enforceable.
Court: USDC New Hampshire, Judge: Barbadoro, Filed On: March 25, 2024, Case #: 1:21cv781, NOS: Other Contract - Contract, Categories: Employment, Unfair Competition, Interference With Contract
J. Bender finds that the lower court improperly granted an emergency petition to compel a trustee to make distributions to the sole current beneficiary of the Trust of John S. Middleton, the managing partner and principal owner of the Philadelphia Phillies. An evidentiary hearing is needed to determine if the court has jurisdiction over this matter. Vacated.
Court: Pennsylvania Superior Court, Judge: Bender, Filed On: March 25, 2024, Case #: J-A21034-23, Categories: Civil Procedure, Trusts, Jurisdiction
J. Crone grants in part the opposing motions to exclude expert testimony in an employment discrimination case alleging ADA violations when a welder's conditional job offer was revoked due to the presence of methadone and Xanax in his drug screen. For instance, the expert for the employer parties may not testify about the welder's "possible diversion of his medication" since it is not relevant and is prejudicial. Also, certain statements in the report of the EEOC's rebuttal expert should be stricken for being "impermissible legal conclusions."
Court: USDC Eastern District of Texas , Judge: Crone, Filed On: March 25, 2024, Case #: 1:21cv451, NOS: Amer w/Disabilities-Employment - Civil Rights, Categories: Civil Rights, Employment, Experts
J. Bashant grants final approval to a $7.5 million settlement in a securities class action against GW Pharmaceuticals. Although the settlement amount represents approximately 1% of the maximum potential damages estimated by the shareholder's expert, GW Pharmaceuticals persuasively argues "that the hypothetical $600 million recovery was a 'pie in the sky value'." Furthermore, the settlement amount is "very much in line" with settlements in other similar litigation.
Court: USDC Southern District of California, Judge: Bashant, Filed On: March 25, 2024, Case #: 3:21cv1019, NOS: Securities/Commodities/Exchange - Other Suits, Categories: Settlements, Securities, Class Action
J. Powell finds the lower court properly granted permanent custody of the children to family services. The mother's repeated failed drug tests prevented her from providing a safe home for the children, while her claim the results were from an inhaler was not believable and contradicted by testimony from a lab technician. Affirmed.
Court: Ohio Court Of Appeals, Judge: Powell, Filed On: March 25, 2024, Case #: 2024-Ohio-1091, Categories: Evidence, Family Law
[Consolidated.] J. Austin denies the landfill's motion to dismiss. The residents claim gross negligence and recklessness against the landfill after its acceptance of additional tonnage of waste resulted in the release of noxious odors, as well as the physical intrusion of trash, hazardous waste, soiled diapers and other solid waste onto the residents' properties. Allegations are sufficient to establish a plausible claim for relief.
Court: USDC South Carolina Aiken, Judge: Austin, Filed On: March 25, 2024, Case #: 8:23cv1417, NOS: Torts to Land - Real Property, Categories: Environment, Negligence
J. Gaughan denies, in part, the gun part supplier's motion for summary judgment, ruling that while it is undisputed it shipped all required parts under the "gas key" agreement with the gun manufacturer, it was made aware of defects with several shipments and, therefore, there are questions of fact as to whether it fully performed and was entitled to payment under the contract.
Court: USDC Northern District of Ohio, Judge: Gaughan, Filed On: March 25, 2024, Case #: 1:22cv1471, NOS: Other Contract - Contract, Categories: Evidence, Firearms, Contract
J. Morrison grants the employer's motion for summary judgment, ruling the employee failed to prove any of the reasons given for her termination shortly after she reported patient care concerns were pretextual. The employee told supervisors she did not "want to return to the building" when she lodged her complaints, which could reasonably be interpreted to mean the employee did not want to return to work, while the employee's frequent tardiness and recording of conversations with coworkers also gave the nursing facility a legitimate reason to fire her.
Court: USDC Southern District of Ohio, Judge: Morrison, Filed On: March 25, 2024, Case #: 2:23cv291, NOS: Other Labor Litigation - Labor, Categories: Evidence, Health Care, Employment Retaliation
J. Swan finds the superior court properly affirmed an arbitration award in favor of the business owner in the citizen's lawsuit claiming he was injured falling out of a defective chair at the business. The superior court did not err when it stayed the lawsuit pending arbitration, and the citizen has waived his right to argue that the owner waived its right to arbitration by litigating and delaying his lawsuit. Affirmed.
Court: Virgin Islands Supreme Court, Judge: Swan, Filed On: March 25, 2024, Case #: 2024 VI 14, Categories: Arbitration, Premises Liability, Contract