177 results for 'filedAt:"2023-06-28"'.
J. Liburdi rules a native of Mexico may pursue infliction of emotional distress claims against the government. The mother, who crossed the U.S. border from Mexico with her daughter, sufficiently showed that border patrol officers separated them and placed them in a "cold, windowless, crowded cell" with no bedding or bathroom, which resulted in the child becoming overwhelmed, fainting and falling face first into the concrete floor.
Court: USDC Arizona, Judge: Liburdi, Filed On: June 28, 2023, Case #: 2:22cv683, NOS: Other Personal Injury - Torts - Personal Injury, Categories: Civil Rights, Immigration, Emotional Distress
J. Kuhlke finds there is no likelihood of confusion regarding an applicant's mark, EVogue, for cell phone cases, earphones and several other cell phone-related items, with the well-known publishing mark, Vogue. There is no evidence of marketing overlap, and the applicant's affirmative defense of laches is a complete defense against the claim of dilution.
Court: Trademark Trial and Appeal Board, Judge: Kuhlke, Filed On: June 28, 2023, Case #: 91247034, Categories: Trademark
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J. Bell refuses to dismiss Boeing's fraud action against a company arising from the company's buyout of one of Boeing's contracted aircraft suppliers, which it allegedly forced to declare bankruptcy only months after the purchase. Boeing sufficiently pleads its claims for fraudulent misrepresentation, unfair and deceptive trade practices, tortious interference with contract and related claims.
Court: USDC Western District of North Carolina, Judge: Bell, Filed On: June 28, 2023, Case #: 3:22CV481, NOS: Other Fraud - Torts - Personal Property, Categories: Fraud, Interference With Contract, Contract
J. Thissen affirms the district court's denial of the prisoner's motion to correct his sentence for a first-degree premeditated murder conviction. The failure to complete a sentencing worksheet for the prisoner's life sentence was not unlawful because a life sentence was mandated by minimums imposed by statute at the time of conviction. Affirmed.
Court: Minnesota Supreme Court, Judge: Thissen, Filed On: June 28, 2023, Case #: A22-1609, Categories: Murder, Sentencing, Due Process
J. Snyder grants a vessel owner's motion for summary judgment in a contract dispute with the cargo owner over aviation jet fuel taken by vessel from Singapore to California. The cargo owner accepted delivery of the cargo without confirming that the vessel owner had been paid for freight and related charges and has not paid the vessel owner under the bills of lading. The cargo owner is bound by the bills of lading and evidence establishes its "acceptance and actual receipt of the goods." The cargo owner is liable for payment of the freight and related charges.
Court: USDC Central District of California, Judge: Snyder, Filed On: June 28, 2023, Case #: 2:22cv1545, NOS: Marine - Contract, Categories: Maritime, Contract
J. Wu tentatively grants final approval a $1.5 million class action settlement, which arises from the participants' claim that the savings plan company and its committee breached their fiduciary duty to the participants when the former allowed the latter to pay excessive fees compared to similarly sized retirement plans. The settlement is fair and well thought-out because the savings plan company produced mediation-related discovery that the participants analyzed to facilitate negotiation, which led to a full day of mediation with a JAMS mediator experienced in ERISA class actions and weeks of negotiations afterward.
Court: USDC Central District of California, Judge: Wu, Filed On: June 28, 2023, Case #: 2:21cv9140, NOS: Employee Retirement Income Security Act (ERISA) - Labor, Categories: Settlements, Fiduciary Duty, Class Action
Per curiam, the circuit finds that the district court properly dismissed a request to intervene in claims seeking to unseal the client list of purported participants in the abuse of minors trafficked by Jeffrey Epstein and Ghislaine Maxwell because the court properly held that the permissive intervention motion had been untimely. Meanwhile, plaintiff's interests are adequately represented by other intervenors, which include the media. Affirmed.
Court: 2nd Circuit, Judge: Per curiam, Filed On: June 28, 2023, Case #: 22-1836, Categories: Civil Procedure
J. Pipkin finds that the trial court improperly imposed sanctions on the doctor and hospital based on a finding that their counsel violated the Health Insurance Portability and Accountability Act in a medical malpractice action brought by the patient. The patient claimed the attorney violated HIPAA by having conversations with a surgeon who works with the doctor at the hospital and by providing medical records to the surgeon without the patient's permission. The transmission of the documents to help the surgeon prepare for a deposition in the case was not a "disclosure" under HIPAA because the hospital could provide protected health information about the patient to doctors within its organization to conduct legal services. Reversed.
Court: Georgia Court of Appeals, Judge: Pipkin, Filed On: June 28, 2023, Case #: A23A0547, Categories: Health Care, Sanctions, Medical Malpractice
J. McBride finds the trial court properly denied the property owner's petition to set aside a tax deed issued to the investment company after the property was offered for sale due to tax delinquency. The owner's statement of facts fails to provide any citation to the record. The property owner failed to seek a stay of judgment and the purchaser is entitled to protection of its purchase of the property. The appeal is dismissed as moot.
Court: Illinois Appellate Court, Judge: McBride , Filed On: June 28, 2023, Case #: 1-22-1366, Categories: Property, Tax
[Consolidated.] J. Thapar finds the lower court erroneously imposed a new provision on defendant's forfeiture order because that provision dealt with restitution for his failure to make payments on the initial forfeiture order, a wholly separate concept that required a different analysis and set of proceedings. Therefore, the provision will be vacated and the case remanded to allow the court to follow applicable guidelines if it wishes to re-impose the penalty. Reversed in part.
Court: 6th Circuit, Judge: Thapar, Filed On: June 28, 2023, Case #: 22-6043, Categories: Fraud, Forfeiture, Restitution
J. Aiken denies summary judgment to the sheriff's office for the deputy sheriff's claim that it fired her for opposing the office's practice of subjecting its female employees to mandatory overtime more often than its male employees. The deputy sheriff plausibly alleges that she and other female employees suffered injury under the office's gender discriminatory conduct, as being at greater risk of falling under mandatory overtime with less predictable circumstances harms morale.
Court: USDC Oregon, Judge: Aiken, Filed On: June 28, 2023, Case #: 6:20cv1440, NOS: Employment - Civil Rights, Categories: Civil Rights, Employment, Employment Discrimination
J. Wicker finds that the trial court should not have adjudicated a juvenile delinquent for illegal possession of a handgun. The state did not show that the juvenile illegally possessed a handgun "on his person." There was no evidence admitted showing that the arresting officer observed the juvenile with the gun or any fingerprint or DNA evidence to link the juvenile to the firearm. Reversed.
Court: Louisiana Court Of Appeal, Judge: Wicker, Filed On: June 28, 2023, Case #: 23-KA-84, Categories: Evidence, Firearms, Juvenile Law
J. Zenoff finds the sentencing court improperly sentenced defendant to 12 years 6 months on his guilty conviction for aggravated criminal sexual abuse. The 31-year-old defendant had sex with a 15-year-old victim who lived with her blind mother and who he met online, impregnating her. Investigation revealed defendant had similarly fathered 16 children, and all evidence supports conviction, though the record suggests that the court improperly sentenced defendant to prevent him from fathering more children. The court failed to adhere to standards by repeatedly belittling and demeaning defendant, referring to him as a "baby-making machine" and as "smothering the earth." Reversed.
Court: Illinois Appellate Court, Judge: Zenoff , Filed On: June 28, 2023, Case #: 4-22-0717, Categories: Judiciary, Sex Offender, Child Victims
J. Stone finds that defendant was properly convicted of child endangerment and the responsive offense of aggravated battery. Evidence of defendant's prior conviction was properly admitted because both the prior crime and the instant action involved defendant battering his girlfriend and cutting her with a knife. Further, the prior crime evidence was highly probative for impeaching defendant’s testimony that he was acting in self-defense. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Stone, Filed On: June 28, 2023, Case #: 55,165-KA, Categories: Evidence, Battery, Domestic Violence