170 results for 'filedAt:"2023-07-26"'.
J. Chen finds that the copyright plaintiff's cartoons and the characters in them are entitled to "thick" or "broad" copyright protection, under which a jury must find protectable elements of works to be "substantially similar" to the copyrighted work to support a finding of copyright infringement, rather than "virtually identical." While the range of expression of baby cartoon characters, which feature prominently in cartoons, is narrow as compared to some other characters, there remain a broad array of ways in which a cartoon baby could be made distinct from other cartoon babies.
Court: USDC Northern District of California, Judge: Chen, Filed On: July 26, 2023, Case #: 3:21cv6536, NOS: Copyrights - Property Rights, Categories: Copyright, Jury
J. Ryu partially grants the employer's motion to dismiss the employee's suit asserting defamation, invasion of privacy and related claims. The invasion of privacy claim is dismissed with leave to amend, since it is not clearly pleaded and cites a "constitutional right to privacy," to which she is not entitled as a non-resident of California. An anti-SLAPP motion seeking dismissal of claims under a non-disparagement section of the California Labor Code and for defamation fails.
Court: USDC Northern District of California, Judge: Ryu, Filed On: July 26, 2023, Case #: 4:23cv476, NOS: Assault, Libel, & Slander - Torts - Personal Injury, Categories: Employment, Defamation, Privacy
J. Smith finds that the trial court improperly denied the individual a one-half interest in the property conveyed by his father through a "Lady Bird Deed." Based on the language of the deed, the one-half interest in the property vested in the individual immediately when the father died, so the revocations of the deed executed on behalf of the stepmother were ineffective. Reversed.
Court: Texas Courts of Appeals, Judge: Smith, Filed On: July 26, 2023, Case #: 10-21-00297-CV, Categories: Family Law, Property, Wills / Probate
Want access to unlimited case records and advanced research tools? Create your free CasePortal account now. No credit card required to register.
Try CasePortal for Free
J. Kyzar finds that the trial court properly granted a judgment notwithstanding the verdict and awarded $363,626 in damages to the emergency medical technician on her personal injury claim over a shoulder injury that occurred when a nurse suddenly stopped the stretcher she was pulling. The evidence supports the jury's determination that the nurse was negligent but also shows that the jury erred by not finding the incident was the "cause-in-fact" of the EMT's injury. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Kyzar, Filed On: July 26, 2023, Case #: CA-22-749, Categories: Civil Procedure, Damages, Negligence
J. Smith finds a lower court finds a lower court improperly dismissed an inmate's negligence claims against a prison system. The prison system argued that the inmate, who suffered serious injuries as a result of a brutal beating at the hands of another prisoner, did not exhaust his administrative remedies. However, the inmate presented sufficient evidence in court that the lower court's ruling was premature based on his inability to file a grievance within five days based on brain trauma, which left him in intensive care for 11 months. Reversed.
Court: 8th Circuit, Judge: Smith, Filed On: July 26, 2023, Case #: 21-3356, Categories: Civil Rights, Health Care, Negligence
J. Bolden finds the Court of Appeals improperly found journalists, who were denied Department of Corrections recordings of a prisoner altercation resulting in an inmate’s death, prevailed only in part and are not entitled to attorney fees. Pro bono representation is not an appropriate consideration in determining the reasonableness of attorney fees. The Court of Claims correctly found that the journalists were entitled to fees, though it improperly reduced the fees. The Court of Appeals judgment is reversed. The Court of Claims’ judgment is vacated and remanded to reassess the reasonableness of the attorney fees.
Court: Michigan Supreme Court, Judge: Bolden, Filed On: July 26, 2023, Case #: 163382, Categories: Public Record, Attorney Fees, Prisoners' Rights
J. Lazar finds the circuit court improperly granted summary judgment to the insurance company in the dairy farm's lawsuit over magnesium deficiencies injuring its cattle due to issues with feed it was provided by the cattle feed supplier. The circuit court incorrectly determined that the farm had failed to show the injuries to its herd were an "occurrence" causing "property damage" which triggers coverage under the feed supplier's insurance policies, and liability could be plausibly established if it is proven the substitution of an ingredient in the feed caused the injuries. The circuit court's order is overturned, and the case is remanded for further proceedings. Reversed.
Court: Wisconsin Court of Appeals, Judge: Lazar, Filed On: July 26, 2023, Case #: 2021AP000670, Categories: Agriculture, Insurance, Contract
J. Gordo finds the trial court improperly ordered a directed verdict and dismissed with prejudice the developer's lawsuit against the holdings company and other parties to a project to build a mixed-use condominium development that was ultimately shut down. After the jury found for the developer on its breach of contract and other claims, the trial court incorrectly adopted a directed verdict essentially saying the developer had suffered a derivative rather than direct injury, vacated the jury's verdict and dismissed the case. The case is remanded for the trial court to reinstate the jury's verdict and for further proceedings. Reversed.
Court: Florida Courts Of Appeal, Judge: Gordo, Filed On: July 26, 2023, Case #: 22-0206, Categories: Jury, Fiduciary Duty, Contract
J. Easterbrook affirms a district court ruling finding that the Union Pacific Railroad is not bound by any contractual promise to keep providing rail services to Chicago’s public rail system for the indefinite future. The litigants’ contracts have start and end dates, which both sides can enforce. Affirmed.
Court: 7th Circuit, Judge: Easterbrook, Filed On: July 26, 2023, Case #: 22-1445 , Categories: Government, Transportation, Contract
J. Buller grants a police officer summary judgment in pro se claims brought after plaintiff was arrested for harassing a coworker because police had probable cause to arrest plaintiff for repeatedly contacting the coworker and her family based on false claims that she was being trafficked by her supervisor. Affirmed.
Court: Iowa Court Of Appeals, Judge: Buller, Filed On: July 26, 2023, Case #: 22-0895, Categories: Civil Rights
J. Chun declines to dismiss the college students' claim that Amazon did not give them notice that its Rekognition program collected and stored their facial biometric data when they submitted their images to take multiple remote tests, as the colleges used online testing proctoring software through ProctorU. Amazon argues that it did not know of the biometric data in ProctorU's Amazon cloud-storage accounts and did not have control over that data, but the college students sufficiently allege that Amazon "can access and control their data to perform facial recognition using its Rekognition program."
Court: USDC Western District of Washington, Judge: Chun, Filed On: July 26, 2023, Case #: 2:22cv269, NOS: Other Contract - Contract, Categories: Privacy, Contract, Technology
Per curiam, the circuit finds that the district court should have reassigned sentencing on defendant's guilty plea to conspiracy to commit honest services wire fraud by facilitating a bribe to secure an investment in a hedge fund that ultimately declared bankruptcy because the judge who imposed the $12 million restitution order favoring correctional officers had very close ties to a cooperating witness.
Court: 2nd Circuit, Judge: Per curiam, Filed On: July 26, 2023, Case #: 20-1011, Categories: Judiciary, Restitution, Bribery
J. Chicchelly finds that a wife was properly awarded spousal support in a dissolution of marriage because the wife, a high school dropout, had limited earning capacity, and the husband had been evasive about his earnings. Affirmed.
Court: Iowa Court Of Appeals, Judge: Chicchelly , Filed On: July 26, 2023, Case #: 22-1105, Categories: Family Law
J. Ahlers finds that the mother’s and father’s parental rights were properly terminated. The father had abandoned his children and the mother denied them critical care to the point of which they could have died within one to two weeks. Affirmed.
Court: Iowa Court Of Appeals, Judge: Ahlers, Filed On: July 26, 2023, Case #: 23-0756, Categories: Family Law, Guardianship
J. Palk partially grants the employer's dismissal motion and dismisses all of the former employee's claims, except for her "retaliation claim based on defendant's termination of her employment." The former employee, who appears pro se, contends that she was subjected to racial discrimination and retaliation during her employment. However, she fails to establish her hostile work environment claim or her discrimination claim based on an allegedly wrongful write-up.
Court: USDC Western District of Oklahoma , Judge: Palk, Filed On: July 26, 2023, Case #: 5:23cv326, NOS: Employment - Civil Rights, Categories: Employment Discrimination, Employment Retaliation