149 results for 'filedAt:"2023-06-27"'.
J. Tunheim denies the firearm retailers' motion to dismiss the state's suit against them alleging that they sold firearms to individuals that they knew or should have known were "straw purchasers" buying guns for people who could not legally do so themselves, but also denies the state's motion to remand the case to state court. The state's reliance on federal laws, regulations and guidance in its complaint is sufficient to raise a federal issue despite including only state-law causes of action. Its complaint is also not preempted by the Protection of Lawful Commerce in Arms Act, and its claims are plausibly alleged.
Court: USDC Minnesota, Judge: Tunheim, Filed On: June 27, 2023, Case #: 0:22cv2694, NOS: Other Personal Injury - Torts - Personal Injury, Categories: Preemption, Jurisdiction, Firearms
J. Moss dismisses a charity's contract, promissory estoppel and negligent misrepresentation claims against a Canadian public broadcaster for allegedly reporting it had lied to donors. The district court lacks subject matter jurisdiction under the Foreign Sovereign Immunities Act.
Court: USDC District of Columbia, Judge: Moss, Filed On: June 27, 2023, Case #: 1:22cv340, NOS: Assault, Libel, & Slander - Torts - Personal Injury, Categories: Defamation, Jurisdiction, Contract
J. Sitarski denies a company’s motion for Rule 11 Sanctions. The company alleges a former employee left the company, went to work for a competitor, and continued to access its systems after his employment ceased. The company has not presented adequate evidence to support its claims, and not enough to merit sanctions against the former employee.
Court: USDC Eastern District of Pennsylvania, Judge: Sitarski, Filed On: June 27, 2023, Case #: 5:22cv4557, NOS: Employment - Civil Rights, Categories: Employment, Sanctions, Trade Secrets
J. Palafox finds that the lower court properly revoked defendant’s deferred adjudication community supervision, finding him guilty of arson and sentencing him to 10 years’ imprisonment and a $1,000 fine. The appeal is frivolous. Affirmed.
Court: Texas Courts of Appeals, Judge: Palafox, Filed On: June 27, 2023, Case #: 08-23-00027-CR, Categories: Sentencing
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J. Poissant finds that the trial court properly ruled against the city on its argument for governmental immunity in a negligence suit stemming from an auto accident involving its employee. The city did not give evidence that the employee "was on a deviation from the performance of his duties" when the incident occurred. Affirmed.
Court: Texas Courts of Appeals, Judge: Poissant, Filed On: June 27, 2023, Case #: 14-21-00680-CV, Categories: Tort, Immunity, Negligence
J. Poissant finds that the juvenile court properly transferred the individual's case to the criminal district court for prosecution on the charge of aggravated sexual assault of his former stepsister. There was sufficient evidence to support the necessary findings for a waiver of the juvenile court's jurisdiction, specifically that the individual "could not be prosecuted in juvenile court before he turned eighteen years of age due to reasons beyond the control of the State of Texas." Affirmed.
Court: Texas Courts of Appeals, Judge: Poissant, Filed On: June 27, 2023, Case #: 14-23-00141-CV, Categories: Family Law, Jurisdiction, Juvenile Law
J. Moore temporarily suspends attorney Fong Lee from the practice of law while disciplinary proceedings are pending, in keeping with a rule providing that attorneys be suspended while awaiting the conclusion of disciplinary proceedings when a referee has recommended disbarment.
Court: Minnesota Supreme Court, Judge: Moore, Filed On: June 27, 2023, Case #: A23-0008, Categories: Attorney Discipline
J. Bray denies, in part, both sides' motion for summary judgment in a dispute over an estate's assets. There are genuine issues of fact regarding the estate's claims for conversion, conspiracy and breach of fiduciary duty.
Court: USDC Southern District of Texas, Judge: Bray, Filed On: June 27, 2023, Case #: 4:21cv301, NOS: Other Fraud - Torts - Personal Property, Categories: Wills / Probate, Fiduciary Duty, Conversion
J. Holland reverses a decision by the Interior Board of Indian Appeals (IBIA) regarding an allotment of land that was to be divided among an individual's sons after he died. His son alleges that the BLM mistakenly forgot to include an express reservation of a right-of-way for an access road in the allotment conveyance certificate. The IBIA decision that the federal defendants did not have jurisdiction to consider the son's claims because the adjacent allotment had been conveyed out of federal ownership was "was patently erroneous, arbitrary, and capricious." The IBIA decision is reversed and the matter is remanded to the IBIA for further proceedings.
Court: USDC Alaska, Judge: Holland, Filed On: June 27, 2023, Case #: 3:20cv198, NOS: All Other Real Property - Real Property, Categories: Real Estate, Jurisdiction
J. McMurdie finds a juvenile court improperly determined that a 14-year-old child is a dependent of plaintiff, his alleged father. The department of child and safety argued that the alleged father refused to care for the child after the mother abandoned her children, and that he failed to take the opportunity to obtain a paternity test. However, the lower court erred in adjudicating the child as a dependent before establishing his alleged father's paternity. Remanded.
Court: Arizona Court Of Appeals Division One, Judge: McMurdie, Filed On: June 27, 2023, Case #: 1 CA-JV 22-271, Categories: Family Law, Juvenile Law
J. Kagan finds that the court of appeals improperly upheld defendant's conviction for making threatening communications to a local musician because the state failed to prove defendant was aware his social media communications with the singer were threatening in nature. Reversed.
Court: US Supreme Court, Judge: Kagan, Filed On: June 27, 2023, Case #: 22-138, Categories: Constitution, Threats, Civil Rights
J. Gwin finds the lack of physical injury or trauma to the 5-year-old victim does not render defendant's gross sexual imposition convictions against the weight of the evidence. Video evidence of the victim stating defendant "tickled" her in the vaginal area while the two were alone in his camper was sufficient for the jury to convict him. Meanwhile, the admission of the video evidence without the victim's live testimony at trial did not violate defendant's confrontation rights because the interview was conducted as part of an investigation by a sexual assault nurse and was, therefore, relevant to her medical treatment. Affirmed.
Court: Ohio Court Of Appeals, Judge: Gwin, Filed On: June 27, 2023, Case #: 2023-Ohio-2128, Categories: Confrontation, Sex Offender, Child Victims
J. Poochigian finds that the trial court improperly held that a contractor who performed consulting services in California must take his contract and fraud to an Illinois court. The trial court had jurisdiction over contracts for in-state consulting services, and for out-of-state management services performed under the same contracts. And the trial court should have applied Illinois law to determine whether a forum selection clause in the contracts should be enforced. Reversed.
Court: California Courts Of Appeal, Judge: Poochigian, Filed On: June 27, 2023, Case #: F083763, Categories: Jurisdiction, Contract
J. Settle grants partial summary judgment to the insured for her claim that the insurance company must provide her full medical coverage and coverage for other costs and damages she incurred from an accident with an at-fault uninsured motorist. The insurance company's comparative bad faith affirmative defense, arguing that the pre-lawsuit negotiations conduct of the insured's attorney caused a delay in the insurance company's investigation, is not legitimate under Washington law because the insurance company does not distinguish between the insured's conduct and that of her attorney. Also, the insurance company has a higher standard of conduct to uphold in regard to insurance contracts than the insured does, meaning a comparative defense is not valid.
Court: USDC Western District of Washington, Judge: Settle, Filed On: June 27, 2023, Case #: 3:22cv5436, NOS: Insurance - Contract, Categories: Insurance, Contract
J. Crain finds that refusals to engage in illegal or environmentally damaging activities are "disclosures" under the Louisiana Environmental Whistleblower Statute and is a protected action. The statute was enacted pursuant to a constitutional mandate to protect the environment, and "disclosures" encompass a refusal to act. Further, the statute gives protection to an employee who reports to his supervisor an activity of the employer that he or she reasonably believes is in violation of an environmental law, even when reporting violations of environmental law is a part of his or her normal job responsibilities.
Court: Louisiana Supreme Court, Judge: Crain, Filed On: June 27, 2023, Case #: 2023-CQ-00246, Categories: Employment, Environment, Contract
J. Drain grants an orchard partial summary judgment in claims contending defendant, the former owner, changed the orchard's contact information on its Google business account and set company information to indicate the business was a "criminal enterprise" that had closed permanently. After selling the business, defendant wrongly retained access to the account and posted inaccurate information after becoming irate that the new owners would not sign papers regarding an unrelated divorce proceeding.
Court: USDC Eastern District of Michigan, Judge: Drain, Filed On: June 27, 2023, Case #: 2:20cv12805, NOS: Other Statutory Actions - Other Suits, Categories: Defamation
J. Doyle finds that the trial court properly granted the cities' motion to dismiss a negligence and wrongful death action brought by the estate alleging that the cities' emergency personnel failed to timely arrive and provide first aid to decedent, who died from gunshot injuries. The trial court correctly found that the estate's ante litem notices did not comply with the statutory requirements because they sought an indefinite amount "not less than" $1 million. Affirmed.
Court: Georgia Court of Appeals, Judge: Doyle, Filed On: June 27, 2023, Case #: A22A0739, Categories: Civil Procedure, Negligence, Wrongful Death
J. Chun grants default judgement to the Texas corporation for its claim that the Chinese corporation unlawfully copied 19 of the former's original photographs and used them to market its products on Amazon. A reasonable consumer would likely confuse the Chinese corporation's copies with the Texas corporation's products because the images and titles that the Chinese corporation used in its Amazon listings are identical to the Texas corporation's photographs and marks. The Texas corporation is entitled to an injunction and $47,900 in costs.
Court: USDC Western District of Washington, Judge: Chun, Filed On: June 27, 2023, Case #: 2:22cv1413, NOS: Copyrights - Property Rights, Categories: Copyright, Damages, Injunction
J. Anderson adopts the recommendation of the magistrate judge and dismisses this case as a sanction, based on the plaintiff company's failure to provide initial disclosures. The company has provided "no valid justification" for failing to comply with "a clear court order." The dismissal will be without prejudice, however.
Court: USDC Western District of Tennessee , Judge: Anderson, Filed On: June 27, 2023, Case #: 1:22cv1115, NOS: Insurance - Contract, Categories: Civil Procedure, Sanctions, Discovery
J. Thapar finds the lower court properly denied defendant's motion to vacate his sentence on ineffective assistance grounds. His attorney's failure to file an appeal was the direct result of defendant's own instructions, which included an agreement not to file an appeal as long as he was not treated unfairly during sentencing. Although defendant told his attorney "you was no help" after he was sentenced, he never requested an appeal and was sentenced below applicable guidelines. Affirmed.
Court: 6th Circuit, Judge: Thapar, Filed On: June 27, 2023, Case #: 22-5587, Categories: Ineffective Assistance, Sentencing
J. Peterson finds in favor of the patent holder in his lawsuit alleging the medical supply company breached a settlement agreement from his previous patent infringement suit by ceasing paying him royalties from the sale of certain medical products covered by his patent. Even in light of a claim construction of the patent in a recent federal circuit court decision, the settlement agreement requires the company to pay the disputed royalties, and the company's unreasonable interpretation allowing it to avoid paying and revive litigation would undermine the central, unambiguous purpose of the agreement. The patent holder's motion for judgment on the pleadings as to the company's liability is granted, the company is ordered to pay him $498,178 in withheld royalties and the parties are ordered to bring filings arguing whether he is entitled to prejudgment interest.
Court: USDC Western District of Wisconsin, Judge: Peterson, Filed On: June 27, 2023, Case #: 3:22cv381, NOS: Other Contract - Contract, Categories: Patent, Settlements, Contract
Per curiam, the supreme court finds the attorney oversight agency properly called for a two-year suspension of William Green's Wisconsin law license for 24 counts of professional misconduct, including a failure to promptly make filings on behalf of and communicate with multiple clients in their bankruptcy cases and refusing to refund them unearned fees. Because Green has failed to respond to the agency's cases, a default judgment is entered against him, and he is ordered to pay a total of $7,494 in restitution to his clients as well as the $707 cost of his disciplinary proceeding.
Court: Wisconsin Supreme Court, Judge: Per curiam, Filed On: June 27, 2023, Case #: 2022AP001212-D, Categories: Attorney Discipline
[Consolidated.] J. Hodges finds that the trial court properly granted the hospital's motion to dismiss a patient's vicarious liability claim in a medical malpractice renewal action arising from injuries the patient suffered due to an alleged failure to properly diagnose sepsis. The original action did not contain a claim against the hospital based on the nurse's acts or omissions and the trial court correctly found that the claim in the renewal action was new and barred by the two-year statute of limitation. The trial court incorrectly denied the hospital's motion to dismiss the patient's professional malpractice claims as barred by the statute of repose. Covid-19 emergency judicial orders did not toll the statute of repose. Affirmed in part.
Court: Georgia Court of Appeals, Judge: Hodges, Filed On: June 27, 2023, Case #: A23A0118, Categories: Negligence, Medical Malpractice
J. Goldberg finds the trial judge abused her discretion by allowing the sole remaining physician sued for malpractice by a deceased patient’s estate to compel production of a complete, unredacted settlement agreement with a Rhode Island hospital and his fellow doctors. The amount that the settling doctors agreed to pay is not relevant to a determination of the remaining physician’s liability at trial.
Court: Rhode Island Supreme Court, Judge: Goldberg, Filed On: June 27, 2023, Case #: 2022-22, Categories: Settlements, Discovery, Medical Malpractice