162 results for 'filedAt:"2023-09-06"'.
J. Arias-Marxuach allows plaintiff to continue certain defamation claims contending the publication of private communications led to the resignation of the Governor of Puerto Rico because plaintiffs sufficiently pleaded some of the allegations against specific media outlets.
Court: USDC Puerto Rico, Judge: Arias-Marxuach, Filed On: September 6, 2023, Case #: 3:22cv1444, Categories: Defamation
J. Gildea reverses the district court's grant of a motion to suppress evidence, including a firearm, discovered in a vehicle during a search resulting from a tip-off that the defendant had a firearm in his vehicle. An informant's statement that he had "personally observed a male in possession of a firearm inside a vehicle" sufficiently connects the vehicle to potentially unlawful activity to justify a search, and the informant was reliable and his statements sufficiently corroborated to establish probable cause.
Court: Minnesota Supreme Court, Judge: Gildea, Filed On: September 6, 2023, Case #: A22-1073, Categories: Firearms, Search, Civil Rights
J. Brailsford denies in part a hospital and health insurance plan's motion to dismiss an insured's allegations of violation of ERISA after the plan denied coverage for injuries that occurred in a motorcycle crash. The claim is subject to judicial review.
Court: USDC Idaho, Judge: Brailsford, Filed On: September 6, 2023, Case #: 1:22cv359, NOS: Insurance - Contract, Categories: Insurance
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J. Calabretta approves a $400,000 settlement annuity following an agreement between a county and a mother whose child was taken from her based on allegedly false abuse allegations. The $48,000 the child is to receive is fair and reasonable, while consideration cannot be given to the $192,000 granted to the mother, nor the $160,000 to her counsel.
Court: USDC Eastern District of California, Judge: Calabretta, Filed On: September 6, 2023, Case #: 2:22cv369, NOS: Other Civil Rights - Civil Rights, Categories: Family Law, Settlements, Damages
J. Gobeil finds that the trial court improperly granted the individual's petition for writ of quo warranto claiming that a retroactive first offender statute was unconstitutional because it gave judicial powers to the district attorney. The individual pleaded guilty in 2009 to homicide by vehicle but was not sentenced as a first offender. The district attorney later refused to consent to the allow the individual's counsel to file a petition pursuant to the statute to seek resentencing as a first offender. The individual is challenging the district attorney's action while in office rather than challenging his qualifications or right to hold office. The individual's action therefore does not implicate the purpose of the statute. Reversed.
Court: Georgia Court of Appeals, Judge: Gobeil, Filed On: September 6, 2023, Case #: A22A1646, Categories: Civil Procedure
Per curiam, the Georgia Supreme Court rejects the special master's recommendation that attorney Nevada Michael Tuggle be suspended for one month for violations of the Georgia Rules of Professional Conduct related to two client matters. The attorney made misrepresentations to both clients and abandoned one client, causing a default judgment of more than $800,000 to be entered against her. The client had to spend more than $30,000 in attorney fees to get the judgment set aside. The recommended discipline is insufficient in light of the serious actual and potential injury to the clients and the fact that several of the attorney's violations were committed with knowledge or intent. The matter is remanded to the special master for further fact finding.
Court: Georgia Supreme Court, Judge: Per curiam, Filed On: September 6, 2023, Case #: S23Y0500, Categories: Judiciary, Attorney Discipline
J. Sacks finds that the family court properly divided the marital estate equally between the husband and wife in a divorce case. The funds provided by the wife's mother were used by both the wife and husband and heavily impacted both of their lifestyles during their marriage, so they are not funds separate from the marriage belonging to the wife. Affirmed.
Court: Massachusetts Court Of Appeals, Judge: Sacks, Filed On: September 6, 2023, Case #: 21-P-655, Categories: Family Law
J. Springmann grants in part and denies in part an insurance company’s motion to dismiss. A storm damaged the roof of a condominium building, causing damage to the exterior and interior of the building. The insured filed suit against the insurer seeking proceeds due under the policy and damages, as it claims the insurer conducted an inadequate inspection. The insurance company argues that the policy insured a now defunct condominiums owners association, therefore the insured cannot bring the current suit, but the instant court disagrees finding the name nowhere in the contract. The instant court does find that an individual is not a named insured or beneficiary on the policy and grants the insurer's motion to dismiss her as a plaintiff in this matter.
Court: USDC Northern District of Indiana, Judge: Springmann, Filed On: September 6, 2023, Case #: 2:21cv347, NOS: Insurance - Contract, Categories: Insurance, Negligence, Contract
J. Gooden Brown finds that a restraining order was improperly entered against plaintiff's estranged wife, who released a video accusing him of improperly withholding a Jewish bill of divorce, because the video constitutes protected free speech. Meanwhile, the existence of a generalized history of members of the Jewish community acting violently to those who refuse to grant spouses "gittins" does not prove the video constituted a true threat. Reversed.
Court: New Jersey Appellate Division, Judge: Gooden Brown , Filed On: September 6, 2023, Case #: A-0305-21, Categories: Family Law, Restraining Order
J. Wicks grants, in part, a motion to compel on a class action lawsuit for claims stemming from a data breach. The court bars the litigant from asking a witness three questions related to the storage of her personal identifying information on the company’s database, while it compels the defendants to respond to an interrogatory regarding the steps it took to determine the earliest date at which the protected information was accessed.
Court: USDC Eastern District of New York, Judge: Wicks, Filed On: September 6, 2023, Case #: 2:21cv6911, NOS: All Other Real Property - Real Property, Categories: Discovery, Class Action, Technology
J. Bevan holds that the district court properly found that a client could not prevail in a legal malpractice case that alleged her attorneys had not timely filed an underlying medical malpractice case. The district court used the correct standard to find that the client's medical experts were not qualified to testify about her underlying medical malpractice claims. Without expert testimony supporting the underlying medical malpractice claims, she failed to establish a prima facie medical malpractice case as required for the legal malpractice claim. Affirmed.
Court: Idaho Supreme Court, Judge: Bevan, Filed On: September 6, 2023, Case #: 49300, Categories: Experts, Medical Malpractice, Legal Malpractice
J. Chen grants summary judgment to a Chinese noodle shop on an employee’s class action wage-and-hour claims, finding the restaurant does not qualify as an “enterprise” under the Fair Labor Standards Act. However, the employee’s retaliation claims survive.
Court: USDC Eastern District of New York, Judge: Chen, Filed On: September 6, 2023, Case #: 1:20cv2266, NOS: Fair Labor Standards Act - Labor, Categories: Employment, Class Action, Labor
J. White allows false adverting claims to proceed against Mondelez International over allegations that its Enjoy Life Lentil Chips product does not have the amount of protein that is advertised on the packaging. While claims over packaging statements like "better-for-you" and “one of the best sources of plant-based protein” are tossed because they are not likely to cause confusion for a consumer, more concrete claims over misleading nutrition facts panels and representations that the products are "protein packed" can survive.
Court: USDC Northern District of California, Judge: White, Filed On: September 6, 2023, Case #: 4:22cv2046, NOS: Other Fraud - Torts - Personal Property, Categories: Consumer Law, False Advertising
J. Rubin partially grants a group of firms involved in manufacturing and procuring face masks their motion to dismiss allegations of RICO violations and fraud brought by a marketing company. The company agreed to purchase a large number of masks, but the masks the group provided did not meet FDA approval as promised. The RICO claims are dismissed as the company was unable to establish a long-term intentionally criminal scheme. However, the company has plausibly alleged fraud against all the firms because of their deception when they sold the insufficient masks to the company while claiming the masks were FDA-approved.
Court: USDC Maryland, Judge: Rubin, Filed On: September 6, 2023, Case #: 1:21cv1472, NOS: Racketeer Influenced and Corrupt Organizations (RICO) - Other Suits, Categories: Fraud, Contract, Racketeering
J. Rossman finds that the lower court properly tossed class ERISA claims brought by employees who alleged the company did not properly manage the ERISA plan and breached its duty by offering high-cost funds and charging unfairly high fees. The evidence on the record shows there was nothing unreasonable about the fees and that the company did not violate its fiduciary duties in how it administered the plan or kept its record books. Affirmed.
Court: 10th Circuit, Judge: Rossman, Filed On: September 6, 2023, Case #: 22-4045, Categories: Erisa, Class Action
J. Leahy disagrees with the lower court’s decision to award a husband a frozen pre-embryo in order for him to have it destroyed against his wife’s wishes after they decided to divorce. The couple, while married, made an oral agreement that “no matter what,” they would give all of three pre-embryos a chance at life as part of an IVF process. The first ended in a miscarriage, while the second resulted in the birth of a healthy baby. Not long after, the couple split up, leaving the third pre-embryo as yet unused. The husband preferred to have it destroyed because, he argued, the agreement should have a stipulation that they only use it if they are married. However, this stipulation was never part of the oral agreement, so the wife will be able to use the pre-embryo to attempt pregnancy again. Reversed and remanded.
Court: The Appellate Court of Maryland, Judge: Leahy, Filed On: September 6, 2023, Case #: 03-C-17-007803, Categories: Family Law, Contract
Per curiam, the Ninth Circuit certifies a question to the Alaska Supreme Court asking if a total pollution exclusion in a homeowners’ insurance policy excludes coverage of claims arising from carbon monoxide exposure.
Court: 9th Circuit, Judge: Per curiam, Filed On: September 6, 2023, Case #: 22-35484, Categories: Insurance
J. Soto finds that a lower court properly ruled in a convoluted dispute over a "commercial real estate deal gone sour." Several parties in the case raised contract counterclaims in the dispute — but as they provide "no evidence to support any of their counterclaims," the lower court did not err in granting summary judgment against them.
Court: Texas Courts of Appeals, Judge: Soto, Filed On: September 6, 2023, Case #: 08-22-00162-CV, Categories: Civil Procedure, Real Estate
J. Bates denies an injunction to Simon Ateba, a journalist known for his outbursts and shouted questions during White House press conferences, in his case challenging the loss of his on-demand press pass. He fails to show a likelihood of irreparable harm.
Court: USDC District of Columbia, Judge: Bates, Filed On: September 6, 2023, Case #: 1:23cv2321, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Communications, Injunction