135 results for 'filedAt:"2023-07-05"'.
J. Alonso partially grants a snack company’s motion to dismiss a fraud class action in which consumers say they were misled to believe the company’s “smokehouse almonds” were actually smoked when really the almonds are just flavored with liquid smoke. The court denies the class’s motion for injunctive relief, and dismisses its warranty, negligent misrepresentation and fraud claims. Its deceptive practices and unjust enrichment claims proceed.
Court: USDC Northern District of Illinois, Judge: Alonso, Filed On: July 5, 2023, Case #: 1:22cv1591, NOS: Other Fraud - Torts - Personal Property, Categories: Fraud, Consumer Law, Class Action
J. Boyle denies, in part, a community college's motion to dismiss a former employee's discrimination and retaliation claims. She has sufficiently pleaded her claim for retaliation, as she engaged in protected activity by filing a Title VII charge and suffered an adverse employment action when the school refused to allow her to rescind her resignation.
Court: USDC Northern District of Texas , Judge: Boyle, Filed On: July 5, 2023, Case #: 3:22cv289, NOS: Employment - Civil Rights, Categories: Employment, Employment Retaliation
J. Reidinger grants, in part, a mother's motion to proceed anonymously and add her minor child as a party to an ERISA case. The child has reached the age of majority and, therefore, should be added to the case.
Court: USDC Western District of North Carolina, Judge: Reidinger, Filed On: July 5, 2023, Case #: 1:21cv265, NOS: Employee Retirement Income Security Act (ERISA) - Labor, Categories: Civil Procedure, Erisa
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J. Boasberg awards $111,000 in attorney fees to an individual following her Freedom of Information Act case against the Army for records related to its mental-fitness questionnaire for soldiers. Although she substantially prevailed on her claims, her requested fees are reduced, in part, for her failure to prevail during certain phases of the case.
Court: USDC District of Columbia, Judge: Boasberg, Filed On: July 5, 2023, Case #: 1:21cv1670, NOS: Freedom of Information Act (FOIA) - Other Suits, Categories: Public Record, Attorney Fees
J. Lamberth denies, in part, family members' renewed motion for default judgment on the emotional distress claims arising from terrorist attacks. The District of Columbia choice-of-law principles apply and, therefore, the domiciles of the family members, including Maryland, South Africa And England, apply to their emotional distress claims.
Court: USDC District of Columbia, Judge: Lamberth, Filed On: July 5, 2023, Case #: 1:20cv1227, NOS: Other Personal Injury - Torts - Personal Injury, Categories: Terrorism, Emotional Distress, Choice Of Law
[Consolidated.] J. McClendon finds that the trial court erred in ruling that the language in the decedent's will was sufficient to terminate the lease agreement and revoke the third-party stipulation in favor of the daughter. The case is remanded to determine the amount of third-party benefits in the form of rental payments that are owed to the daughter. Reversed.
Court: Louisiana Court Of Appeal, Judge: McClendon, Filed On: July 5, 2023, Case #: 2022CA0863, Categories: Landlord Tenant, Wills / Probate, Contract
J. Savoie finds that the trial court improperly found the ex-wife in contempt and that she was liable for sanctions due to allegedly frivolous pleadings. There was no judgment ordering the ex-wife to pay or reimburse for the child's tuition at the specified private school. Also, the ex-wife's motion for a new trial was not sanctionable. Reversed in part.
Court: Louisiana Court Of Appeal, Judge: Savoie, Filed On: July 5, 2023, Case #: CA-22-804, Categories: Contempt, Family Law, Sanctions
J. Hamilton finds that a 17-year-old high school student may sue the police officer who allegedly sexually assaulted her on a course-required "ride along" with law enforcement. The officer allegedly groped the teen, and drove to a secluded area where he met another police officer, and repeatedly asked him if he wanted to have sex with the girl. However, the police chief cannot be held personally liable for the officer's conduct. Reversed in part.
Court: 7th Circuit, Judge: Hamilton, Filed On: July 5, 2023, Case #: 22-1550, Categories: Tort, Police Misconduct
J. Riggs finds that the trial court improperly dismissed class action claims in which taxpayers seek a refund for monies owed due to the miscalculation of impact fees because genuine issues remain in dispute regarding the amount of damages owed to the class. Reversed.
Court: North Carolina Court of Appeals, Judge: Riggs, Filed On: July 5, 2023, Case #: COA22-691, Categories: Tax, Class Action
J. Woods grants Penguin's motion to dismiss this suit alleging copyright infringement brought by the author of a book meant to promote self-esteem for Black boys. Copyright assures the right to original expression while encouraging others to build freely upon conveyed ideas. The author seeks to monopolize the idea of the subject rather than its expression. The court finds the total look and feel of the author's book with the alleged infringing work are not substantially similar.
Court: USDC Southern District of New York, Judge: Woods , Filed On: July 5, 2023, Case #: 1:22cv7500, NOS: Copyrights - Property Rights, Categories: Copyright, Fraud
J. Herman finds that defendant was properly convicted of manslaughter, armed robbery and obstruction of justice. The other crimes evidence that defendant committed a shooting in 2018 and that 45-caliber casings were discovered at the crime scene was properly admitted because it showed how a detective connected the nickname "Frog" to defendant and was able to successfully proceed with his investigation. Further, the cell phone tower records place defendant’s phone within one mile of the crime scene at the time of the shooting. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Herman, Filed On: July 5, 2023, Case #: 2022-KA-0721, Categories: Evidence, Manslaughter
J. Talwani denies a former car owner’s motions for summary judgment and grants in part a financial institution’s motion for summary judgment following the prior car owner’s claims against the financial institution for fraud, perjury and coercion by counsel after it repossessed her car. The financial institution followed procedures set forth in its contractual agreement with the former car owner and did not harass, abuse or oppress her. It repeatedly communicated to her that she was in default and that a repossession was a potential consequence.
Court: USDC Massachusetts, Judge: Talwani, Filed On: July 5, 2023, Case #: 1:22cv10306, NOS: Consumer Credit - Other Suits, Categories: Debt Collection, Vehicle, Contract
J. Hillman finds for a bank accused of firing an employee who sought accommodations in the form of a partial work-at-home schedule because all alleged incidents of gender discrimination that occurred before the denial occurred in the bank's Philadelphia office, and, at the time of her request, the employee was only one or two out of more than 400 employees who had been working 100% remotely.
Court: USDC New Jersey, Judge: Hillman , Filed On: July 5, 2023, Case #: 1:21cv20245, NOS: Employment - Civil Rights, Categories: Employment, Employment Discrimination
J. Graber finds that the district court improperly dismissed a matter for lack of jurisdiction involving the sale of health, wellness and nutrition products. The health and wellness company alleged that a company’s unauthorized sale of its products on Amazon violated the Lanham Act. The health and wellness company's harm arose out of the seller’s contacts within the State of Arizona and the exercise of personal jurisdiction is reasonable under the circumstances. Reversed.
Court: 9th Circuit, Judge: Graber, Filed On: July 5, 2023, Case #: 21-17001, Categories: Consumer Law, Jurisdiction
J. St. Eve finds that the lower court properly convicted defendant of racketeering, attempted murder, kidnapping, and drug offenses, and sentenced him to life in prison. Defendant was properly convicted of attempted murder after he shot an arresting officer in the finger, and the state proved that this crime was a crime of violence for sentencing purposes. Affirmed.
Court: 7th Circuit, Judge: St. Eve, Filed On: July 5, 2023, Case #: 22-1477, Categories: Murder, Sentencing, Racketeering
J. Dooley grants the city's motion for summary judgment in a discrimination case, ruling that even if the project coordinator's decision to terminate the Asian Pacific American-owned company from the engineering portions of a construction project was based on their ethnicity, which is not supported by the record, the city had no policy in place regarding that sort of discrimination and the coordinator was not a policymaker that could render the city liable for his actions.
Court: USDC Connecticut, Judge: Dooley, Filed On: July 5, 2023, Case #: 3:21cv616, NOS: Employment - Civil Rights, Categories: Construction, Equal Protection, Contract
J. Hernandez partially denies the digital experience company founder's motion to compel information about the computer consultant founder's use of certain disputed emails for the latter's claim that the former wrongfully took the computer consultant's customers. The work product doctrine protects the computer consultant founder's pre-litigation use of the disputed emails because he could not have anticipated that his use of those emails would be relevant to the lawsuit before the complaint was filed.
Court: USDC Oregon, Judge: Hernandez, Filed On: July 5, 2023, Case #: 3:21cv621, NOS: Trademark - Property Rights, Categories: Evidence, Trademark, Discovery
[Consolidated.] J. Chasanow grants the Department of Justice its motion for summary judgment in two suits against it brought by the lawyer of a man convicted of crimes related to child pornography as the lawyer is seeking certain records under the Freedom of Information Act. A third, related suit seeks the same from the Department of Homeland Security and Immigration and Customs Enforcement. In both cases, the lawyer has not produced evidence of bad faith on the part of either the DOJ or DHS and the DOJ has done everything in its power to provide access to requested information and is granted its motion. However, DHS and ICE have not shown that the lawyer was required to exhaust any administrative remedies, so its request for summary judgment is partially denied.
Court: USDC Maryland, Judge: Chasanow, Filed On: July 5, 2023, Case #: 8:21cv1130, NOS: Freedom of Information Act (FOIA) - Other Suits, Categories: Administrative Law, Government
J. Cote finds the city of Hamilton, Bermuda liable for breach of an escrow agreement with the Mexican financier of a Bermudan construction project, for which New York Mellon served as the escrow agent and is not liable. The project failed when a nonparty misappropriated funds from the financier's bridge loan and absconded. The city's authorization of the disbursement of funds before the final drawdown was finalized breached its obligations to the financier.
Court: USDC Southern District of New York, Judge: Cote, Filed On: July 5, 2023, Case #: 1:17cv6424, NOS: Other Contract - Contract, Categories: Construction, Banking / Lending, Contract
J. St. Eve finds that the immigration board properly ordered the Honduran citizen deported, despite his legitimate fear that he will be next victim in a decades-long feud between his family and another family sparked by a fatal romance in 1996. The immigrant cannot show that the Honduran government is unable or unwilling to protect him from persecution. Affirmed.
Court: 7th Circuit, Judge: St. Eve, Filed On: July 5, 2023, Case #: 22-2909, Categories: Immigration
J. Hamilton finds that the lower court improperly ruled for the railroad, finding it had no notice of any defect in the railroad switch before it malfunctioned and seriously injured a conductor's neck. The conductor presented sufficient evidence to create a genuine dispute as to whether the railroad should have known that the switch was defective before he was injured. Reversed.
Court: 7th Circuit, Judge: Hamilton, Filed On: July 5, 2023, Case #: 22-2437, Categories: Employment, Tort