171 results for 'filedAt:"2023-06-20"'.
J. Foster grants the pornographer's motions to serve third-party subpoenas on internet service providers to obtain identifying information for 17 unknown persons alleged to have unlawfully distributed its films. The pornographer has sufficiently stated an actionable copyright-infringement claim in each case, its discovery requests are sufficiently specific, it has adequately shown that there are no alternative ways to obtain the requested information and that the cases cannot proceed without it, and that, with protective orders keeping the identities of the people identified from the public, the pornographer's right to pursue its claims outweigh their expectations of privacy.
Court: USDC Minnesota, Judge: Foster, Filed On: June 20, 2023, Case #: 0:23cv1571, NOS: Copyrights - Property Rights, Categories: Copyright, Privacy, Discovery
J. Simler finds a lower court properly dismissed a trading firm's contract claims against a former employee. The trading firm argued that the former employee violated a non- compete clause in his employment agreement by leaving the company to work for the competition. However, the trading firm's contract with the employee is ambiguous because it contains a fixed period of zero to 12 months, which allows it to reduce the fixed restriction. Affirmed.
Court: Her Majesty's Court of Appeal, Judge: Simler , Filed On: June 20, 2023, Case #: CA-2023-837, Categories: Employment, Contract
J. Lewison finds a lower court improperly dismissed a husband and wife's contract claims against an estate administrator concerning the family's farming partnership . The estate administrator argued that she was entitled to dissolve the partnership after the death of a relative, who owned the majority stake, and set out to sell its assets at auction, based on her insistence that the husband and wife could not raise funds for a buy out. However, the husband and wife sufficiently showed in court that they could make installment payments on the buyout option, and that the estate administrator is not entitled to interest, as long as they comply with the terms of the agreement. Reversed.
Court: Her Majesty's Court of Appeal, Judge: Lewison, Filed On: June 20, 2023, Case #: CA-2022-2010, Categories: Real Estate, Contract
J. Weisman partially grants a number of agriculture and chemical companies’ motion to compel discovery from Illinois state agencies, as part of the underlying case over the companies’ manufacture, marketing and distribution of toxic polychlorinated biphenyls (PCBs) in the state. In line with the motion, the court compels the Illinois Environmental Protection Agency, the Illinois Department of Natural Resources, the Illinois Department of Public Health and the Illinois Department of Agriculture to answer the companies’ Rule 34 discovery requests.
Court: USDC Northern District of Illinois, Judge: Weisman, Filed On: June 20, 2023, Case #: 1:22cv5339, NOS: Property Damage Product Liability - Torts - Personal Property, Categories: Environment, Product Liability, Discovery
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J. Kleeh grants in part and denies in part the Lewis County Commission and three deputy sheriffs’ motion for summary judgment in a wrongful death suit claiming the deputies contributed to a parolee’s death when, following the parolee’s arrest on an outstanding warrant, they beat and tazed him while he was face-down on the ground. After determining the estate’s seven state clams is just one for wrongful death under different theories of liability, the court finds the deputies’ actions could be interpreted by a jury as “malicious, in bad faith, wanton, or reckless.” In addition to the finding in favor of the county on all the estate’s claims, including a federal Monell claim for the deputies’ possibly unconstitutional actions in violation of local law, custom or policy, the court finds the deputies are entitled to qualified immunity on the estate’s excessive use of force claim, determining it was not clearly established the parolee had a right not be tazed in his encounter with them.
Court: USDC Northern District of West Virginia, Judge: Kleeh, Filed On: June 20, 2023, Case #: 2:20cv47, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Wrongful Death, Police Misconduct
J. Gustafson finds that credible evidence supported the district court determination that a property owner had established a prescriptive easement over two roads passing through a neighbor's property. Summary judgment was precluded by disputes of fact about whether the historical use of the roads was permissive. The property owner was entitled to amend its complaint and have it relate back to the original complaint. Affirmed.
Court: Montana Supreme Court, Judge: Gustafson, Filed On: June 20, 2023, Case #: DA 22-0279, Categories: Civil Procedure, Property
J. Pipkin finds that the trial court properly found partially in favor of the business partners on the executive's wrongful termination and breach of fiduciary duty claims based on his wrongful termination. The executive's action arose after he was fired and removed from the company's board of directors for coming to work intoxicated. There was no valid, verbal, implied employment contract between the parties, therefore the trial court correctly found that the executive was an at-will employee. However, the trial court incorrectly found in favor of the business partners as to the remainder of the fiduciary duty claim. The trial court failed to consider whether the executive had alleged a special injury distinct from that suffered by other shareholders when the company allegedly failed to reimburse him for expenses, destroyed his personal property and failed to act in the company's interest. Reversed in part.
Court: Georgia Court of Appeals, Judge: Pipkin, Filed On: June 20, 2023, Case #: A23A0480, Categories: Employment, Fiduciary Duty, Contract
J. Samour finds that the trial court erred in automatically excluding defendant's hearsay statement because it was self-serving. Self-serving hearsay is subject to the regular exceptions to the bar on hearsay. Defendant's hearsay statement that he thought his alleged victim had given him permission to have sex with her was admissible under the excited utterance exception, as he made the statement when she startled him by accusing him of rape. And the statement had probative value since it directly undermines the state's evidence. Reversed.
Court: Colorado Supreme Court, Judge: Samour, Filed On: June 20, 2023, Case #: 21SC771, Categories: Evidence, Sex Offender
J. Matsumoto dismisses a self-represented litigant’s lawsuit brought against Wells Fargo for claims under the Dodd-Frank Act, as well as violations under federal criminal law. He alleges his bank account was double-charged for a news subscription that he had previously canceled, and Wells Fargo failed to remove the overcharge in what he claims is a systemic and deliberate accounting fraud perpetrated against its banking customers. None of the statutes in which he asserts his claims provide for a private right of action.
Court: USDC Eastern District of New York, Judge: Matsumoto, Filed On: June 20, 2023, Case #: 1:21cv5361, NOS: Banks and Banking - Other Suits, Categories: Fraud, Banking / Lending
Per curiam, the appellate division finds that the lower court properly found for the news outlet in a defamation suit stemming from an online article reporting on the contentious divorce between the plaintiff, CEO of Consolidated Elevator Industries, and actress Julianne Michelle. The article provided a substantially accurate report of the CEO's arrests for domestic violence and related criminal proceedings. Affirmed.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: June 20, 2023, Case #: First, Categories: Defamation
J. Mayle finds defendant's no-contest plea to an assault charge was made knowingly and voluntarily because the trial court properly explained he was not admitting guilt but would stipulate to the evidence presented by the prosecution. Although defendant argues he was prejudiced because the state did not include the fact he was sprayed with mace by the corrections officer before he body-slammed him, this circumstance was not required to be included in the prosecution's version of events. Affirmed.
Court: Ohio Court Of Appeals, Judge: Mayle, Filed On: June 20, 2023, Case #: 2023-Ohio-2008, Categories: Sentencing, Assault, Plea
J. Snow grants the plaintiff insurance company's motion to dismiss a certain theory alleged in the amended counterclaim against it. Specifically, the allegations do not show that the insurer acted in bad faith by denying the insurance claim for a fire that destroyed a building. Additionally, the building defendants will not be allowed to amend their counterclaim again.
Court: USDC Eastern District of Oklahoma, Judge: Snow, Filed On: June 20, 2023, Case #: 6:19cv427, NOS: Insurance - Contract, Categories: Evidence, Insurance, Contract
J. Jenkins finds the trial court properly granted a driver's peremptory exception of prescription in a case concerning claims against him arising from a car collision. The other driver did not show the insurer's settlement offer was an unconditional offer that was sufficient to interrupt prescription. Further, her claims prescribed on April 26, 2022 and she filed her petition on May 18, 2022, and her claims were not preserved. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Jenkins, Filed On: June 20, 2023, Case #: 2022-CA-0726, Categories: Insurance, Contract
J. Vaughan finds that the lower court properly denied the citizens's request for a declaratory judgment that the city's ordinance authorizing fees related to driving infractions that resulted in vehicles being towed was unconstitutional. The towing fee of $400 for a Level 1 infraction and $200 for a Level 2 infraction are not grossly inflated based on the actual cost of impoundment. Affirmed.
Court: Illinois Appellate Court, Judge: Vaughan, Filed On: June 20, 2023, Case #: 220542, Categories: Constitution, Municipal Law
J. Rodriguez denies motions by a tenant seeking relief from lower court findings in a landlord-tenant eviction dispute because the tenant has not provided adequate information to seriously consider his appeals. Concerning a hearing that the tenant disputes, this court does not have “a copy of the reporter’s record or even a docket entry indicating that a hearing took place.”
Court: Texas Courts of Appeals, Judge: Rodriguez, Filed On: June 20, 2023, Case #: 08-23-00035-CV, Categories: Civil Procedure, Property, Housing
J. Stark finds in favor of the town in a dispute from residents asking for a mandamus order forcing the town to act on its petition to either get the town to adopt their proposed boating ordinance related to concerns over hazardous wakes in town waterways or put the ordinance to a vote with electors. The circuit court correctly denied the residents' mandamus petition, as the relevant Wisconsin direct legislation statute does not apply to towns and does not give the residents the authority to order the town to act on its ordinance petition. Affirmed.
Court: Wisconsin Court of Appeals, Judge: Stark, Filed On: June 20, 2023, Case #: 2022AP000720, Categories: Government, Municipal Law
[Consolidated.] J. Doyle finds that the trial court properly ruled in favor of the insurer in a declaratory judgment action with respect to the passenger but incorrectly failed to find in favor of the insurer with respect to the driver. The insurer sought an order affirming that it did not have to cover damages after a car collision because the at-fault driver was not a listed driver on the policy. The unlisted driver exclusion in the instant case was not void for public policy reasons. Reversed.
Court: Georgia Court of Appeals, Judge: Doyle, Filed On: June 20, 2023, Case #: A23A0143, Categories: Insurance
J. Edelstein finds the trial court properly allowed Kroger to rely on the employee's criminal history as a reason to fire him. Although he disclosed his murder conviction during his interview and had been employed for several years without incident, he was an assistant manager and an at-will employee at the time of his termination; therefore, he was not protected by the union and its collective bargaining agreement and could be fired for any reason not contrary to law. Affirmed.
Court: Ohio Court Of Appeals, Judge: Edelstein, Filed On: June 20, 2023, Case #: 2023-Ohio-2034, Categories: Employment, Employment Discrimination
J. Miller dismisses an immigrant's petition for review of a decision of the Board of Immigration Appeals. The immigrant sought cancellation of removal and adjustment of status. An immigration judge denied relief because of the immigrant's criminal record and the Board of Immigration Appeals affirmed. The panel concluded that it lacked jurisdiction.
Court: 9th Circuit, Judge: Miller, Filed On: June 20, 2023, Case #: 20-72510, Categories: Immigration, Jurisdiction
J. Doyle finds that the trial court properly found in favor of the co-worker in a negligence action brought by the individual arising after the co-worker hit him with his vehicle in the employer's parking lot. The individual received workers' compensation benefits for the accident, which occurred when the co-worker was traveling to the workplace for his shift. The co-worker was acting as an employee when he hit the individual, therefore the individual's action against the co-worker was barred by the exclusive remedy provision of the Workers' Compensation Act. Affirmed.
Court: Georgia Court of Appeals, Judge: Doyle, Filed On: June 20, 2023, Case #: A23A0432, Categories: Negligence, Workers' Compensation
J. Riedmann finds the district court properly entered the harassment protection order against the property owner involved in a boundary dispute resulting in trespass, vandalism and a fight resulting in hospitalization. Evidence presented at the show cause hearing, including the petition, affidavit, testimony and exhibits outweigh arguments that the injured party’s lack of recollection and failure to identify a series of acts precludes the order. The aggressor’s argument ignores evidence of and reference to the two-year dispute. Affirmed.
Court: Nebraska Court Of Appeals, Judge: Riedmann, Filed On: June 20, 2023, Case #: A-22-801, Categories: Property, Restraining Order, Assault
J. Scudder finds that this Second Amendment challenge to the federal felon-in-possession statute must be remanded because the lower court made its decision without the benefit of the Supreme Court's guidance in New York State Rifle & Pistol Association v. Bruen, which announced a new framework for analyzing restrictions on the possession of firearms.
Court: 7th Circuit, Judge: Scudder, Filed On: June 20, 2023, Case #: 22-1557, Categories: Constitution, Firearms