142 results for 'filedAt:"2023-07-25"'.
J. Chesney largely denies the canned fruit seller's motion to dismiss the consumer's suit alleging that fruit cups with the phrase "fruit naturals" on the label misled her into believing that the cups contained only natural ingredients. The consumer has sufficiently pled an injury in fact or causation, but lacks standing to seek injunctive relief and to bring claims under the laws of states other than California and Oregon. She has standing to bring claims related to products she did not herself purchase, but not unidentified products. Claims alleging violations of state consumer protection laws are sufficiently pleaded and not subject to dismissal under a number of theories, but an unjust enrichment claim is dismissed.
Court: USDC Northern District of California, Judge: Chesney, Filed On: July 25, 2023, Case #: 3:23cv865, NOS: Other Fraud - Torts - Personal Property, Categories: Fraud, Consumer Law
J. White grants the online education company's motion to compel arbitration of the user's claims alleging that she was enrolled in an automatic e-textbook renewal program without her knowledge or express consent. The online platform's terms of use include an arbitration agreement which is sufficiently conspicuous to give users constructive notice, and the user unambiguously assented to the agreement by creating an account, despite her assertion that she never clicked a "create an account" button to do so.
Court: USDC Northern District of California, Judge: White, Filed On: July 25, 2023, Case #: 4:22cv9123, NOS: Other Fraud - Torts - Personal Property, Categories: Arbitration, Fraud, Consumer Law
J. Moody finds in favor of the state in a lawsuit challenging Arkansas's use of at-large voting for judges on the Arkansas Supreme Court and the current district configuration for the Arkansas Court of Appeals. The groups bringing the suit claim that the current voting method underrepresents Black voters in violation of the federal Voting Rights Act. The groups' proposal for a supreme court district designed to elect a justice of a particular race "would uniquely harm the accountability and judicial independence that linkage serves, because the 'announced purpose' of this system 'would be to assist a predominantly Black section of the state in electing Black judges."
Court: USDC Eastern District of Arkansas , Judge: Moody, Filed On: July 25, 2023, Case #: 4:19cv402, NOS: Voting - Civil Rights, Categories: Elections, Government, Judiciary
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J. Jenkins grants Chicago and a group of Chicago officers' motion for summary judgment on a number of civil rights claims brought by a man wrongly held in pretrial detention for five years. Despite the years the man waited without a trial, the police by-and-large acted reasonably in detaining him on suspicion of a robbery. Also, several of the officers are entitled to qualified immunity regardless.
Court: USDC Northern District of Illinois, Judge: Jenkins, Filed On: July 25, 2023, Case #: 1:19cv4001, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Immunity, Police Misconduct
J. Spain finds that the trial court properly ruled in favor of the creditor on claims against a general contractor and its owner over nonpayment of materials provided for construction projects. The accused parties did not raise a fact issue as to "their agency relationship to the property owners." Affirmed.
Court: Texas Courts of Appeals, Judge: Spain, Filed On: July 25, 2023, Case #: 14-22-00049-CV, Categories: Debt Collection, Contract
J. Spain finds that the trial court properly ruled in favor of the metal facility in a truck driver's negligence suit alleging that his injuries from a slip and fall stemmed from the overloading of his truck by its employees. The truck driver did not sufficiently plead a premises liability claim or give evidence raising a fact issue on his negligent activity claim. Affirmed.
Court: Texas Courts of Appeals, Judge: Spain, Filed On: July 25, 2023, Case #: 14-22-00130-CV, Categories: Civil Procedure, Evidence, Negligence
J. Dingemans finds a lower court improperly dismissed Dyson Technology's libel claims against a news organization. The news organization argued that it was entitled to broadcast claims that a certain vacuum manufacturer exploited factory workers in Malaysia by forcing them to perform duties in inhumane conditions. However, Dyson presented sufficient evidence in court that, although the news organization did not use its name, consumers would have assumed it was the high end vacuum maker. Reversed.
Court: Her Majesty's Court of Appeal, Judge: Dingemans, Filed On: July 25, 2023, Case #: CA-2022-2241, Categories: Civil Rights, Employment, Evidence
J. King finds a lower court properly dismissed a prisoner's civil rights claims against a prison system. The prisoner, who is quadriplegic, argued that he is entitled to eat certain foods of his choice. However, the prison system sufficiently presented evidence in court that allowing him to eat whatever he wants would expose jail house employees to criminal proceedings if he choked on food that was not "his prescribed soft diet." Affirmed.
Court: Her Majesty's Court of Appeal, Judge: King, Filed On: July 25, 2023, Case #: CA-2022-2053, Categories: Civil Rights
J. Clark finds that the lower court properly rendered a judgment of foreclosure by sale in favor of the plaintiff company. By the time the defendant made his first tax payment to the city of Bridgeport, it had already assigned the tax lien. Thus, it was not required to send payments it received from the defendant to the plaintiff rather than applying the payments to taxes the defendant owed the city. Affirmed.
Court: Connecticut Court Of Appeals, Judge: Clark, Filed On: July 25, 2023, Case #: AC 45844, Categories: Tax
J. Drozd denies, in part, a media company’s motion to dismiss sports radio talk show host Grant Napear’s wrongful termination action, in which he alleges he was fired for tweeting “All lives matter…every single one.” He has sufficiently pleaded his claims for retaliation and wrongful termination under state labor laws.
Court: USDC Eastern District of California, Judge: Drozd, Filed On: July 25, 2023, Case #: 2:21cv1956, NOS: Employment - Civil Rights, Categories: Employment Discrimination, Employment Retaliation, Labor
J. Lee affirms defendant's 78-month prison sentence for illegally possessing a firearm while selling marijuana in daylight hours on a busy Chicago street. Defendant argues that his above-the-guidelines sentence was tainted by the district court’s lengthy commentary on the general prevalence of gun violence in Chicago, but "district courts may consider the serious problem of gun violence in Chicago in imposing stiff sentences on those who commit firearms offenses in the city.” Affirmed.
Court: 7th Circuit, Judge: Lee, Filed On: July 25, 2023, Case #: 21-3287 , Categories: Firearms, Sentencing, Weapons
J. King finds the lower court properly ordered arbitration. The deal struck between the two corporate entities does not fall under the contracts of employment with transportation workers exception thus making the contract's arbitration clause under the Federal Arbitration Act required. Affirmed.
Court: 4th Circuit, Judge: King , Filed On: July 25, 2023, Case #: 22-1748, Categories: Arbitration, Corporations, Contract
J. Settle dismisses the Christian church's claim that SB 6219, a 2018 Washington State law that requires all health insurance plans that provide maternity coverage to provide substantially equivalent abortion coverage, violates its First Amendment rights because its religious beliefs are against facilitating abortion. Despite the church's arguments to the contrary, SB 6219 does not favor secular conduct because there is no evidence that it was enacted to target religion. Also, SB 6219 is rationally related to a legitimate governmental purpose, because it is meant to give Washingtonians better access to health benefits and provide essential primary care to women and teens.
Court: USDC Western District of Washington, Judge: Settle, Filed On: July 25, 2023, Case #: 3:19cv5181, NOS: Constitutionality of State Statutes - Other Suits, Categories: Constitution, Insurance, First Amendment
J. Smith finds that the trial court properly ruled to relocate a separated couple’s minor children from their father’s residence in Cook County, Illinois, to their mother’s residence in Colorado Springs, Colorado. “There is no perfect solution inherent in relocation cases, which are markedly difficult, no matter the outcome. But the court’s decision here was a perfectly reasonable one based on the record.” Affirmed.
Court: Illinois Appellate Court, Judge: Smith, Filed On: July 25, 2023, Case #: 221558, Categories: Family Law
J. Lohier finds that the board of immigration appeals improperly declined to block deportation and grant asylum to a Falun Gong practitioner because plaintiff's claims contending he was a refugee who fled beatings in China was deemed not credible due to "trivial" rather than material inconsistencies between hearing testimony and written information.
Court: 2nd Circuit, Judge: Lohier, Filed On: July 25, 2023, Case #: 19-715-ag, Categories: Immigration
Per curiam, a panel of the 11th Circuit finds that the district court properly granted attorney fees, costs and prejudgment interest to the land owner in a condemnation action arising after the company invoked the power of eminent domain under the Natural Gas Act to acquire easements to build a pipeline on the owner's land. A different panel of the 11th Circuit already decided a nearly identical case arising out of the company's use of the eminent domain power to build the same pipeline. Affirmed.
Court: 11th Circuit, Judge: Per curiam, Filed On: July 25, 2023, Case #: 22-10435, Categories: Property, Attorney Fees
J. Young denies an insurance company's motion to dismiss a claim brought against it and another insurance company for allegedly failing to make timely, appropriate reimbursements for their beneficiaries' medical expenses. The claim was brought against the insurance companies by a recovery specialist, which makes a plausible argument that the insurance companies have a responsibility to be primary payers because they are primary plans in this case.
Court: USDC Massachusetts, Judge: Young, Filed On: July 25, 2023, Case #: 1:22cv11681, NOS: Medicare Act - Contract, Categories: Health Care, Insurance