139 results for 'filedAt:"2023-06-16"'.
J. Pillard denies a mining company and its manager's petition for review of the Mine Safety and Health Administration's orders, which cited them for continuing to work following the release of high levels of methane. Evidence supports the administration's finding the violations were unwarrantable failures due, in part, to the unreasonableness of the company's decision to clearly violate regulations by keeping the drill energized during the methane release.
Court: DC Circuit, Judge: Pillard, Filed On: June 16, 2023, Case #: 22-1242 , Categories: Administrative Law, Energy
J. Frank denies a motion to amend the case caption to substitute two named plaintiffs with a single plaintiff and makes rulings on a number of motions in limine. The Court will instruct the jury that the bed maker's "Sleep Number" mark is "strong and famous" and deem any evidence contesting that contention presumptively inadmissible. The bedmaker's competitors are not, however, precluded from contesting actual confusion or excluded from conducting a bed demonstration. Evidence of antitrust claims from a prior trial or of allegations of anti-competitive conduct is also presumptively inadmissible, as is evidence of any other litigation of enforcement actions. Evidence of cease-and-desist letters is presumptively admissible, but evidence regarding whether the bedmaker has trademark rights in the phrase "Number Bed" is not.
Court: USDC Minnesota, Judge: Frank, Filed On: June 16, 2023, Case #: 0:12cv2899, NOS: Trademark - Property Rights, Categories: Evidence, Trademark
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J. Kendall grants a bank’s motion to dismiss breach of good faith and fraud counterclaims brought against it by an audiovisual services company in this ongoing contract suit over the AV company’s alleged failure to pay back its bank loans. The court finds nothing about the bank “sweeping” some of the AV firm’s federal Covid-19 relief funds to pay down its outstanding loans constitutes bad faith, fraud or negligent misrepresentation.
Court: USDC Northern District of Illinois, Judge: Kendall, Filed On: June 16, 2023, Case #: 1:21cv5419, NOS: Other Contract - Contract, Categories: Fraud, Banking / Lending, Contract
J. Mendez denies, in part, an employer’s motion to dismiss a worker’s putative class labor claims. Contrary to the employer's argument, elements such as commonality and typicality do not apply to the instant case for class certification.
Court: USDC Eastern District of California, Judge: Mendez, Filed On: June 16, 2023, Case #: 2:23cv303, NOS: Employment - Civil Rights, Categories: Class Action, Labor
J. Khouzam grants a couple's motion to quash an order compelling discovery in this contract dispute over the sale of real property because the inadvertent disclosure of a single email did not constitute a voluntary waiver of all attorney-client privileged communications. Reversed.
Court: Florida Courts Of Appeal, Judge: Khouzam, Filed On: June 16, 2023, Case #: 2D22-4024, Categories: Discovery, Privilege, Contract
J. Hanlon rules in part for plaintiffs in claims challenging the law restricting gender affirming care for minors. Plaintiffs lacked standing to challenge the ban on gender transition surgery for minors because no minor can receive such surgery in Indiana, but the ban on puberty blockers and hormone therapy for minors violates equal protection rules because the law could have been enacted with less restrictive means to advance its interests. Plaintiffs also demonstrate the law might violate free speech by preventing physicians from engaging in actions to help minors receive one of the restricted treatments.
Court: USDC Southern District of Indiana, Judge: Hanlon, Filed On: June 16, 2023, Case #: 1:23cv595, NOS: Other Civil Rights - Civil Rights, Categories: Constitution, Equal Protection
J. Allen finds that the court of appeal should have upheld the decision ceasing reunification efforts because evidence supported the findings that a significant risk of further abuse would occur should the children be returned to their parents. Reversed.
Court: North Carolina Supreme Court, Judge: Allen, Filed On: June 16, 2023, Case #: 200PA21, Categories: Family Law
J. Walker finds that the district court improperly dismissed claims contending a bank provided financial services to terrorist groups that attacked Americans in Israel between 2001 and 2003. Personal jurisdiction was applicable under New York's long-arm statute because the Palestinian bank maintained U.S. dollar-denominated checking accounts for the groups through a Jordanian bank that had accounts at three New York City banks, which were repeatedly used to pay the families of terrorist "martyrs."
Court: 2nd Circuit, Judge: Walker, Filed On: June 16, 2023, Case #: 20-3849-cv, Categories: Terrorism, Jurisdiction, Banking / Lending
J. Miller finds that a father who has been incarcerated at three different facilities, beginning before the birth of his child, is entitled to an evidentiary hearing before having parental reunification services terminated. Reversed.
Court: California Courts Of Appeal, Judge: Miller, Filed On: June 16, 2023, Case #: A166037, Categories: Family Law
J. Waples finds the family division improperly determined a mother's child was in need of care or supervision. Although the state presented evidence of an incident of physical discipline, it did not show the mother neglected her child, as required by the state's petition. Reversed.
Court: Vermont Supreme Court, Judge: Waples, Filed On: June 16, 2023, Case #: 23-AP-017, Categories: Family Law
J. Miller-Lerman finds the district court properly overruled the sexual assault defendant's motion to transfer his case to juvenile court. The juvenile probation supervisor testified there was often the need for supervision after program completion, and that defendant had come into the juvenile system near the age of 18. There was sufficient evidence to support the court’s emphasis on the short timeframe for defendant's juvenile treatment, appropriate evidence for retaining jurisdiction, and there was no abuse of discretion in considering these timing factors. Affirmed.
Court: Nebraska Court Of Appeals, Judge: Miller-Lerman, Filed On: June 16, 2023, Case #: S-23-096, Categories: Juvenile Law, Sex Offender, Jurisdiction
J. Pyle finds that the trial court improperly granted a zoning variance allowing construction of a home higher than 30 feet because property owners demonstrated they possess an interest in maintaining waterfront views from their home. Reversed.
Court: Indiana Court Of Appeals, Judge: Pyle, Filed On: June 16, 2023, Case #: 22A-PL-3098, Categories: Property, Zoning
J. Miller finds that the trial court improperly ruled partially in favor of the insured in a breach of contract, negligent adjustment and bad faith action over whether the full limit of an insurance policy covers the hurricane damage to the insured's hotel. Genuine issues of fact exist as to whether the policy provided wind-driven rain coverage up to the full policy limit. However, the trial court correctly dismissed the insurer's counterclaim for equitable reformation of the policy based on an alleged mutual mistake as to the omission of the sub-limit endorsement. Reversed in part.
Court: Georgia Court of Appeals, Judge: Miller, Filed On: June 16, 2023, Case #: A23A0047, Categories: Insurance, Contract
[Consolidated.] J. Doyle finds that the trial court improperly awarded the company attorney fees in a voidable transfer action brought by the individual alleging that the company transferred assets to avoid paying a judgment. The trial court failed to support the attorney fees awards with factual findings and legal conclusions. Vacated.
Court: Georgia Court of Appeals, Judge: Doyle, Filed On: June 16, 2023, Case #: A23A0213, Categories: Attorney Fees
J. May finds that the state utilities board properly authorized MidAmerican Energy to build certain electric transmission facilities against a property owner's objections because state code provides utilities statutory authority to run facilities within a public road right-of-way.
Court: Iowa Supreme Court, Judge: May, Filed On: June 16, 2023, Case #: 21-1788, Categories: Energy, Property, Agency
J. Seabright dismisses claims of Environmental Species Act violations against several American Samoan telecommunication companies. Neither the American Samoa residents who brought the complaint nor the telecommunications companies have any significant ties to Hawaii and therefore lack jurisdiction to bring the complaint to the Hawaiian district court. Related motions for temporary restraining orders and for summary judgment are also denied.
Court: USDC Hawaii, Judge: Seabright, Filed On: June 16, 2023, Case #: 1:21cv377, NOS: Environmental Matters - Other Suits, Categories: Environment, Jurisdiction
J. Benton finds a lower court properly denied a citizen of Burkina Faso's motion for asylum to remain in the U.S. The citizen of Burkina Faso argued that he would be tortured upon return to his native land based on his political connection to the Congress for Democracy and Progress. However, he failed to file his application within the one- year deadline. Affirmed.
Court: 8th Circuit, Judge: Benton, Filed On: June 16, 2023, Case #: 21-3847, Categories: Government, Immigration