143 results for 'filedAt:"2023-05-11"'.
J. Doty partially grants the shareholders' motion for partial summary judgment in a proposed class-action suit stemming from a merger between two biotech companies, denies motions for summary judgment and to exclude expert testimony by representatives of both companies and dismisses a subsidiary of one of the companies. The shareholders have established standing to pursue their claims even though they were not direct owners of shares held by their companies, and the business judgment rule is inapplicable in this case. The companies, however are not precluded from raising a ratification defense, and the shareholders are not required to provide expert testimony to support their breach-of-fiduciary-duty claim. The experts they have provided are also sufficiently qualified and reliable.
Court: USDC Minnesota, Judge: Doty, Filed On: May 11, 2023, Case #: 0:19cv1856, NOS: Other Contract - Contract, Categories: Corporations, Fiduciary Duty
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J. Hicks answers a question regarding Covid-19 and a hotel’s insurance policy, which contains clauses regarding losses or damage to property. The presence of SARS-CoV-2 in the air or on a premises’ surfaces does not alone satisfy a requirement of “loss or damage” to property. Reversed.
Court: New Hampshire Supreme Court, Judge: Hicks, Filed On: May 11, 2023, Case #: 2022-0155, Categories: Insurance, Covid-19
J. Owens reverses the defendant's convictions for first-degree robbery, possession-with-intent-to-deliver, unlawful possession of a firearm and bail jumping. A previous appeal involving the defendant, a Black man, resulted in a four-justice dissent proposing a bright-line rule that would have established a prima facie case of discrimination when the last remaining racial minority in a jury venire is dismissed. The rule was substantially adopted in a different case several years later, and the interests of justice support recalling the court's mandate in the defendant's earlier case.
Court: Washington Supreme Court, Judge: Owens, Filed On: May 11, 2023, Case #: 101204-7, Categories: Drug Offender, Jury, Robbery
J. Valderrama partially grants a medical center’s summary judgment on medical malpractice and negligence claims, brought by the parents of a severely mentally disabled child. The parents say the child’s disabilities, including hypoglycemic encephalopathy, cerebral palsy and seizure disorder, were caused by the medical center’s staff botching the child’s delivery. The parents’ claims against the individual doctor who performed the delivery survive, but the center’s medical group as a whole is dismissed from the suit.
Court: USDC Northern District of Illinois, Judge: Valderrama, Filed On: May 11, 2023, Case #: 1:19cv8496, NOS: Personal Injury - Medical Malpractice - Torts - Personal Injury, Categories: Negligence, Agency, Medical Malpractice
J. Fuentes partially grants a Chicago police officer’s motion to compel discovery in her case against the city and her former superior on the police force. The superior assigned the officer to guard the block where his house is located for six straight nights amid the 2020 Black Lives Matter protests, which she says was retaliation for her having criticized his prior actions. The officer seeks access to 107 withheld police documents, and the court goes through each of them to determine which she will be allowed to see.
Court: USDC Northern District of Illinois, Judge: Fuentes, Filed On: May 11, 2023, Case #: 1:22cv1084, NOS: Other Civil Rights - Civil Rights, Categories: Discovery, Employment Retaliation, Police Misconduct
J. Jenkins declines ruling on a retail chain’s motions to dismiss a product liability and warranty class action regarding a trash can sold at Target, and to strike a proposed class. The court has identified deficiencies in both parties’ filings that make ruling inappropriate. Both parties will be given a chance to rectify these issues, and if they fail to do so, the case will be remanded to Cook County Circuit Court.
Court: USDC Northern District of Illinois, Judge: Jenkins, Filed On: May 11, 2023, Case #: 1:22cv4700, NOS: Personal Injury - Product Liability - Torts - Personal Injury, Categories: Product Liability, Warranty, Class Action
J. McMurdie finds a lower court improperly dismissed a self- employed Uber driver's request for Pandemic Unemployment Assistance under the Coronavirus Aid, Relief, and Economic Security Act. The department of economic security argued that the Uber driver quit his job due to asthma while waiting for his Covid-19 vaccination, deeming him ineligible for relief. However, the driver presented sufficient evidence in court that he suffered from an asthma related illness, and was forced to stop driving while waiting for his vaccination to "minimize the risk of infection" before returning to work. Reversed in part.
Court: Arizona Court Of Appeals Division One, Judge: McMurdie, Filed On: May 11, 2023, Case #: 1 CA-UB 21-148, Categories: Employment, Covid-19
Per curiam, the Florida Supreme Court finds that proposed amendments to state rules of general practice and judicial administration should be approved with one minor modification, effective July 1, 2023.
Court: Florida Supreme Court, Judge: Per curiam, Filed On: May 11, 2023, Case #: SC2023-0014, Categories: Judiciary
[Consolidated.] J. McFadden finds that the trial court properly dismissed the claims of five individuals for lack of standing in an action alleging claims of vote dilution in the 2020 presidential election against members of the Fulton County Board of Registration and Elections. In light of the Georgia Supreme Court's ruling in Sons of Confederate Veterans v. Henry County Board of Commissioners, the five individuals lack standing because they are residents of counties other than Fulton County. However, four individuals alleged that they are Fulton County residents and their claims were therefore improperly dismissed. The case is remanded to the trial court for further consideration. Affirmed in part.
Court: Georgia Court of Appeals, Judge: McFadden, Filed On: May 11, 2023, Case #: A22A0939, Categories: Civil Procedure, Elections
J. Clay finds the lower court erroneously granted the competitor's motion for summary judgment and determined the design of the truck cab conversion kit is nonfunctional and, therefore, not protected trade dress. Although the shape and design serves a functional purpose, the creator's statements about his aesthetic intentions create an issue of fact as to whether the design is protected. Reversed in part.
Court: 6th Circuit, Judge: Clay, Filed On: May 11, 2023, Case #: 22-5625, Categories: Evidence, Transportation, Trademark
J. Humes finds the trial court improperly found that it lacked jurisdiction, dismissing the action brought by the low-income telephone service provider against the software firms over an allegedly botched rollout of a software platform to enroll new users, costing the company millions. The utilities code which was used does not bar the lawsuit since any recovery would not conflict with a previous public utilities order and would not interfere with the utilities’ ongoing regulation of the provider’s program. The court never reached the indispensable-party question regarding the provider, and so never weighed the relevant factors or made any findings. Reversed and remanded.
Court: California Courts Of Appeal, Judge: Humes, Filed On: May 11, 2023, Case #: A163562, Categories: Communications, Municipal Law, Jurisdiction
J. Pritzker finds that the lower court properly held that an agreement to help finance a new football stadium for the Buffalo Bills by channeling state budget money to a private developer did not violate the New York constitution. A public benefit corporation served as a go-between, and legislation permits repairs or improvements to civic projects, including stadiums; thus, any private benefit was "merely incidental." As a technical matter, the challenge to the allocation sought declaratory relief, which should not have been dismissed for failure to state a cause of action since questions of fact did not exist. Affirmed.
Court: New York Appellate Divisions, Judge: Pritzker, Filed On: May 11, 2023, Case #: 536104, Categories: Constitution, Construction
J. McShan finds that the lower court should have found for a self-employed contractor who fell when a ladder slipped out from under him while he installed security cameras because the commercial garage owner and the tenant who requested the cameras failed to raise triable issues of fact as to whether they provided adequate safety devices or whether the contractor had been partially at fault concerning ladder placement. Reversed.
Court: New York Appellate Divisions, Judge: McShan, Filed On: May 11, 2023, Case #: 535789, Categories: Construction, Tort
J. Stiglich finds the district court properly denied the union’s petition for a writ of prohibition or, alternatively, a writ of mandamus, sought on allegations the school district violated alternative school management rules by implementing a policy by which certain teachers were unilaterally assigned to local school precincts without each respective precinct’s consent. The union failed to show that any assignment was inconsistent with statutory requirements. Affirmed.
Court: Nevada Supreme Court, Judge: Stiglich, Filed On: May 11, 2023, Case #: 83481, Categories: Education, Municipal Law, Labor / Unions
J. Ceresia finds that the lower court should have ruled for two subcontractors involved in renovating an office building in which the tenant's employee sustained injury in a trip-and-fall accident for lack of evidence of subcontractor liability and because each subcontractor denied installing a threshold plate at the elevator. However, the building owner was properly denied summary judgment because maintenance reports were not sufficiently specific concerning inspections of the elevator area. Reversed in part.
Court: New York Appellate Divisions, Judge: Ceresia, Filed On: May 11, 2023, Case #: 535777, Categories: Evidence, Tort
J. Silva finds that the lower court improperly denied the appellants' motion to compel arbitration in this suit alleging fraud and violations of the Texas Deceptive Trade Practices Act. The parties' legal funding contract contained a mandatory arbitration clause, and the related guaranty agreement was "made a part of the contract." Reversed.
Court: Texas Courts of Appeals, Judge: Silva, Filed On: May 11, 2023, Case #: 13-22-00168-CV, Categories: Arbitration, Contract
Per curiam, the appellate division finds that attorney Kimberly Anne Harp should be disbarred for failing to cooperate with an investigation into possible misuse of client funds. Harp was twice placed on interim suspension while the investigation was ongoing and was warned about disbarment after she failed to respond or appear for further disciplinary proceedings.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: May 11, 2023, Case #: PM-104-23, Categories: Attorney Discipline
J. Clark finds that the lower court properly granted a mother's request to modify shared custody to award her sole legal and physical custody of the parties' child. The father's difficulty in accepting the child's identity as male and preference for gender-neutral pronouns, along with his belief in rigid obedience to parents, led to conflict both with the child and the mother. However, the father's visitation time should not have been left to the discretion of the mother. Affirmed in part.
Court: New York Appellate Divisions, Judge: Clark, Filed On: May 11, 2023, Case #: 535106, Categories: Family Law
Per curiam, the circuit finds that the district court properly dismissed defamation claims an Irish dance instructor brought against members of a regional association of schools teaching the same subject. Allegations that the instructor sent a video containing nudity to two minors enrolled in another school were subject to the common interest privilege, and an exception did not exist based on excessive publication since the issue was raised among teachers at the association's quarterly meeting. Meanwhile, evidence did not establish malice. Affirmed.
Court: 2nd Circuit, Judge: Per curiam, Filed On: May 11, 2023, Case #: 22-974-cv, Categories: Defamation, Privilege
J. Trotter finds that the lower court properly terminated the mother's parental rights to the child. Contrary to her argument on appeal, the evidence sufficiently supports the best interest finding. Specifically, the evidence indicated that the mother used methamphetamine and that the child tested positive for methamphetamine. Affirmed.
Court: Texas Courts of Appeals, Judge: Trotter, Filed On: May 11, 2023, Case #: 11-22-00333-CV, Categories: Evidence, Family Law