112 results for 'filedAt:"2023-07-24"'.
J. Metcalf grants, in part, Daimler's motion to compel in a patent case filed against it. The filing party must respond to an interrogatory to clarify ownership of the patent at issue, and information regarding the value of the patent is relevant and discoverable.
Court: USDC Western District of North Carolina, Judge: Metcalf, Filed On: July 24, 2023, Case #: 3:21cv171, NOS: Patent - Property Rights, Categories: Patent, Discovery
J. Zimmerman finds that the lower court properly sentenced defendant convicted of violating a protection order and telecommunications harassment. Defendant’s arguments regarding the “weight of the evidence are unpersuasive.” Affirmed.
Court: Ohio Court Of Appeals, Judge: Zimmerman, Filed On: July 24, 2023, Case #: 023-Ohio-2530, Categories: Evidence
J. Kennelly partially grants a hospital system's motion to dismiss a class of medical patients' privacy claims. The class alleges that the hospital system clandestinely sold its members' anonymized medical data to Facebook and Google to use for advertising purposes. The class has failed to allege most of its specific privacy claims, and lacks standing for most of its fraud claims, but its breach of contract and Illinois Eavesdropping Act violation claims may proceed.
Court: USDC Northern District of Illinois, Judge: Kennelly, Filed On: July 24, 2023, Case #: 1:22cv5380, NOS: Other Personal Property Damage - Torts - Personal Property, Categories: Fraud, Privacy, Class Action
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J. Vaden grants the United States Department of Commerce’s request to remand for voluntary recalculation of antidumping duties related to forged steel fluid end block from Germany. The manufacturers argue that Commerce applied a particular market situation that led to an erroneous calculation of the antidumping margin of 3.82 percent, then on redetermination brought it to zero without considering proposed alternatives to a specific market situation adjustment that was used in calculating the margin. The matter is remanded for further proceedings.
Court: Court of International Trade, Judge: Vaden, Filed On: July 24, 2023, Case #: 23-110, Categories: Commerce
J. Ecker finds that the lower court improperly dismissed petitioner’s appeal. Unpreserved claims challenging the habeas court’s handling of the proceeding are reviewable under the plain error doctrine and Golding. Reversed.
Court: Connecticut Supreme Court, Judge: Ecker, Filed On: July 24, 2023, Case #: SC 20621, Categories: Habeas
J. Calabretta orders members of the California Air Resources Board and others to develop and adopt measures to reduce air pollution in the San Joaquin Valley to levels required under the Clean Air Act. The state and Air Resources Board members do not contest the issues raised, and it is reasonable to require them to submit to the EPA proposed contingency measures within six months, along with their interim status reports.
Court: USDC Eastern District of California, Judge: Calabretta, Filed On: July 24, 2023, Case #: 2:22cv1714, NOS: Environmental Matters - Other Suits, Categories: Environment
J. Rothschild finds that the trial court properly denied defendant's petition for resentencing for second degree murder. He was the actual killer who shot a gardener who had stopped a juvenile from stealing wine from a garage, and he did not argue that he acted without the intent to kill. Affirmed.
Court: California Courts Of Appeal, Judge: Rothschild, Filed On: July 24, 2023, Case #: B320892, Categories: Murder
J. Cavanagh finds the Court of Appeals improperly affirmed the trial court’s dismissal of the mother’s action seeking custody of a child with whom she has no biological relationship. The same-sex couple had a child together through in vitro fertilization before the Supreme Court ruled that states must recognize and license same-sex marriages. Because Michigan unconstitutionally prohibited same-sex marriage before the relevant SCOTUS decision, the Michigan Supreme Court extends the equitable parent doctrine, which provides standing to nonbiological fathers as parents, so that the mother is entitled to seek custody by demonstrating that the parties would have married before the child’s birth but for the marriage ban. Reversed and remanded.
Court: Michigan Supreme Court, Judge: Cavanagh, Filed On: July 24, 2023, Case #: 164046, Categories: Family Law, Guardianship, Lgbtq
J. Selna reduces the relator's motion for $5.8 million in attorney fees regarding the government's claim that the pharmaceutical company induced federal and state governments to overpay for Botox under government-funded health programs. Although the relator's main counsel is qualified, the hourly rate they requested for litigation support personnel is more than the hourly rate for its staff attorneys, so the main counsel receives the reduced amount of $5.6 million in attorney fees.
Court: USDC Central District of California, Judge: Selna, Filed On: July 24, 2023, Case #: 8:18cv203, NOS: False Claims Act - Torts - Personal Injury, Categories: False Claims, Attorney Fees
J. Scudder finds that the lower court improperly denied defendant's request for a new trial without holding a hearing on his claims that counsel's heroin addiction affected his representation. Counsel overdosed on heroin less than three weeks after trial, and defendant is entitled to a hearing on whether counsel's addiction impacted his representation of defendant on serious criminal charges. Further, defendant was improperly convicted of two gun charges, when the record shows defendant made a single choice to possess a firearm over a 30-minute period that included sale of heroin to a confidential informant. Vacated.
Court: 7th Circuit, Judge: Scudder, Filed On: July 24, 2023, Case #: 22-1195, Categories: Firearms, Ineffective Assistance
J. Rambo advances retaliation claims in which a school psychologist contends her employer targeted her with a defamatory campaign "which expressly or impliedly accused her of engaging in inappropriate communications with a student's family" after she complained about being passed over for a promotion, despite being more qualified than other candidates, on grounds that "she is not a yes man." The psychologist successfully identified the proximity between her protected activity and the hostile treatment.
Court: USDC Middle District of Pennsylvania, Judge: Rambo, Filed On: July 24, 2023, Case #: 1:22cv548, NOS: Employment - Civil Rights, Categories: Employment, Employment Retaliation
J. Richardson finds the lower court properly dismissed the class-action suit. The investors were allegedly told information falsely projecting optimistic returns for investing in the biopharmaceutical companies undergoing a merger. The stock eventually plummeted, but the company provided potential investors with documents containing detailed cautionary language, warning investors that this was risky and that success was not guaranteed. Affirmed.
Court: 4th Circuit, Judge: Richardson, Filed On: July 24, 2023, Case #: 21-2309, Categories: Pensions, Business Practices, Class Action
J. Scudder finds that the district court improperly denied defendant's motion for a new trial on drug and gun charges without holding an evidentiary hearing. Defendant's trial counsel was addicted to heroin before, during and after the trial. The district court decided without a hearing that the effects of trial counsel's addiction on defendant's trial did not need further exploration in a hearing, but "way too much is at stake to forgo that modest step." Vacated.
Court: 7th Circuit, Judge: Scudder, Filed On: July 24, 2023, Case #: 22-1195, Categories: Drug Offender, Ineffective Assistance, Sentencing
J. Brown finds that the district court should not have allowed discovery access to a driver's cell phone records for up to five days after the car accident because the request is overly broad. However, based on the discrepancies contained in the driver's deposition testimony regarding her cell phone, the plaintiff driver's subpoenas for the data related to the phone number is modified for two days after the accident.
Court: Louisiana Court Of Appeal, Judge: Brown, Filed On: July 24, 2023, Case #: 2023-C-0429, Categories: Discovery, Contract
J. Gobeil finds that the trial court properly convicted defendant of meth trafficking, possession of oxycodone, possession of drug-related objects and a firearm offense. The trial court correctly denied defendant's motion to suppress evidence found during a search of his vehicle. The stop of defendant's vehicle for a headlight violation was valid and defendant failed to show that a free-air sniff conducted with a drug dog within five minutes of the initial stop unreasonably prolonged the initial detention. Affirmed.
Court: Georgia Court of Appeals, Judge: Gobeil, Filed On: July 24, 2023, Case #: A23A0637, Categories: Drug Offender, Firearms, Search
J. Holmes finds that the lower court improperly found that it lacked authority to review a post-judgment relief request from a native tribe in a dispute with Wyoming over the tribe's treaty hunting rights. The lower court did not properly consider whether there were changes in legal or factual circumstances that justified relief before it declared it lacked the authority to review the hunting rights dispute. More proceedings are also needed because specific findings will provide this court with a "crystalized record" that will help navigate potential future appeals. Vacated.
Court: 10th Circuit, Judge: Holmes, Filed On: July 24, 2023, Case #: 21-8050, Categories: Native Americans, Agency
J. Patricco grants the Shoshone-Bannock Tribes and the Fort Hall Business Council's motion to remand this breach of contract action to the Shoshone-Bannock Tribal Court for the Fort Hall Reservation. The case concerns "a casino expansion project within the boundaries of the Fort Hall Reservation," and the parties' agreement for construction management services placed exclusive jurisdiction in the Shoshone-Bannock Tribal Court. The court concludes that the case was "improvidently removed," because the removal statute is inapplicable, as the case was initiated in tribal court. Furthermore, the removal was untimely, and remand is proper "under the tribal exhaustion doctrine."
Court: USDC Idaho, Judge: Patricco, Filed On: July 24, 2023, Case #: 4:23cv160, NOS: Other Contract - Contract, Categories: Native Americans, Jurisdiction, Contract
J. Reilly reverses the human services commissioner's decision determining that the healthcare provider was responsible for overpayments of Minnesota Health Care Programs funds. Monetary recovery of such funds is only possible under state law when a healthcare vendor is improperly paid as a result of "abuse," and the commissioner did not make an adequate showing to that effect. The commissioner did not, however, improperly delegate her authority by allowing the director of the department's appeals office to author the department's opinion. Reversed in part.
Court: Minnesota Court Of Appeals, Judge: Reilly, Filed On: July 24, 2023, Case #: A22-1688, Categories: Administrative Law, Health Care
J. Colloton finds a lower court improperly granted two civilians' motion for summary judgment concerning civil rights claims against two police officers. The civilians argued that the police officers violated their Fourth Amendment rights by entering their residence without a warrant. However, the government presented sufficient evidence in court that the police officers were forced to enter the apartment without a warrant by kicking the door down after receiving a call from a neighbor who heard thuds and screaming, which led them to believe that probable cause existed, and that a child who lived in the apartment may have been in danger. Reversed.
Court: 8th Circuit, Judge: Colloton, Filed On: July 24, 2023, Case #: 22-2872, Categories: Civil Rights, Constitution, Immunity
J. Erickson finds a lower court properly convicted a defendant on two counts of conspiracy to distribute meth and fentanyl. The defendant argued that the lower court erred in admitting evidence stored inside of an eTalk flip phone. However, the government presented sufficient evidence in court that the activated burner phone belonged to the defendant, which was backed up by a photo of drugs, text messages, and a conversation about "blues," which is code for fentanyl. Affirmed.
Court: 8th Circuit, Judge: Erickson, Filed On: July 24, 2023, Case #: 22-3140, Categories: Drug Offender, Evidence
J. Benton finds a lower court properly ruled in favor of a mother and her son on civil rights claims against a police officer. The officer argued that he was entitled to qualified immunity when he directed his canine to "bite and hold" him while investigating a burglary at a convenience store. However, the mother presented sufficient evidence in court that the police officer used excessive force when he directed the police dog to go after her son without warning. Affirmed.
Court: 8th Circuit, Judge: Benton, Filed On: July 24, 2023, Case #: 22-3234, Categories: Civil Rights, Immunity
J. Axon dismisses a stagehand's defamation and other claims against a union related to its alleged relaying of lies about him to the director of a convention center, including a false accusation by a ballet dancer that the stagehand had stared at dancers during a performance. His claims are preempted by the Labor Management Relations Act, under which he has not made a claim.
Court: USDC Northern District of Alabama , Judge: Axon, Filed On: July 24, 2023, Case #: 2:23cv262, NOS: Labor/Management Relations - Labor, Categories: Employment, Defamation, Labor / Unions
J. Du finds in favor of Oracle, permanently enjoining the infringing support company in this software copyright and unfair competition dispute arising from the support company's unauthorized copying of Oracle's enterprise software into and from development "gap customer" environments created by the support company for its own clients. At trial, the owner of the support company admitted that his deposition testimony about the timing and purpose of the software migration was “incorrect,” and further admitted that he decided to do the migration to “save... our own server costs” and “offset... other costs." He also continued making copies of the environments that had previously been ruled as infringing.
Court: USDC Nevada, Judge: Du , Filed On: July 24, 2023, Case #: 2:14cv1699, NOS: Copyrights - Property Rights, Categories: Copyright, Technology
J. Peterson denies the brother's motion to dismiss the sister's lawsuit, which alleges that the brother and the corporate officer fraudulently induced her to sell her 20% ownership interest in her family's company for $1.3 million, only for the brother and the corporate officer to sell the company for $162 million 15 months later, denying her $32 million in the process. The sister plausibly alleges that the brother and the corporate officer fraudulently induced her to sign the redemption agreement because they withheld key information, such as how the brother and the corporate officer regularly received offers to buy the company, which could have changed her mind about selling her shares at that time.
Court: USDC Western District of Wisconsin, Judge: Peterson, Filed On: July 24, 2023, Case #: 3:22cv400, NOS: Securities/Commodities/Exchange - Other Suits, Categories: Fraud, Securities, Contract