121 results for 'filedAt:"2023-09-08"'.
J. Elgin grants, in part, an applicant's motion to partially strike IBM's opposition to its application to register the mark, Sterling and IBM Sterling. Certain portions of the IBM's amended opposition must be stricken, as it failed to address these issues in its initial filing.
Court: Trademark Trial and Appeal Board, Judge: Elgin, Filed On: September 8, 2023, Case #: 91273403, Categories: Trademark
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J. Cummings denies the defendant specialty machinery manufacturer’s motion to compel the plaintiff event services company to produce documents and witness depositions for this ongoing contract suit. The manufacturer claims the documents and witnesses are important for its case, in which it argues that it does not owe the events services company over $529,000 for constructing its exhibit at a tradeshow. However, the court finds that attorney-client privilege applies to the requested documents.
Court: USDC Northern District of Illinois, Judge: Cummings, Filed On: September 8, 2023, Case #: 1:18cv5900, NOS: Other Contract - Contract, Categories: Discovery, Privilege, Contract
Per curiam, the court of appeal finds that the trial court properly denied the adoption agency's petition to change the placement of a minor child because the court did not depart from the essential requirements of the law. Affirmed.
Court: Florida Courts Of Appeal, Judge: Per curiam, Filed On: September 8, 2023, Case #: 2D22-2496, Categories: Family Law
J. Marks finds in favor of the Department of Defense in a former teacher’s lawsuit claiming he was discriminated and retaliated against in violation of the Americans with Disabilities Act. The teacher states the department retaliated by not transferring him to another air base school and for requesting him to produce more evidence of the disability. “Being asked to produce additional paperwork, even if the request was unreasonable, does not constitute ‘adverse employment action’ under the ADA.”
Court: USDC Middle District of Alabama, Judge: Marks, Filed On: September 8, 2023, Case #: 2:21cv153, NOS: Amer w/Disabilities-Employment - Civil Rights, Categories: Ada / Rehabilitation Act, Employment Discrimination, Employment Retaliation
J. Cohen finds that the trial court properly dismissed an individual's complaint for failure to state a claim of defamation after he was arrested for threating the state’s House speaker. The individual argues that the newspaper published an article out of hate with the headline reading, “Defendant who threatened House speaker released with several conditions.” The newspaper is entitled to attorney fees and to have the complaint stricken. Reversed.
Court: Vermont Supreme Court, Judge: Cohen, Filed On: September 8, 2023, Case #: 22-AP-222, Categories: Anti-slapp, Defamation, Attorney Fees
J. Jackson grants a family’s request for default judgment in a wrongful death suit, awarding in excess of $4.8 million in damages against a business that rents floatation tubes for customers on the Amite River. The father and husband of the survivors, who could not swim, drowned when he fell out of the inner tube. The company did not respond to family allegations that if falsely assured its customers who could not swim that the river was safe and that life jackets were not necessary or required because of the alleged shallow river depth. The award included bystander damages. The drowning of the father on Father’s Day can be reasonably expected to cause severe mental anguish to his wife and children, their eyewitness testimony conveys the seriousness of their emotional distress. The decedent’s widow subsequently experienced suicide ideation and was diagnosed with severe PTSD, anxiety and insomnia. His three children have daily dreams about their dad and the events of that day.
Court: USDC Middle District of Louisiana, Judge: Jackson, Filed On: September 8, 2023, Case #: 3:22cv310, NOS: Marine - Contract, Categories: Damages, Wrongful Death, Business Practices
J. Brodie grants summary judgment to an equipment supplier on a carpenter’s product liability, failure to warn and implied warranty claims that alleged its Powermatic Table Saw severed several of his fingers on his left hand while he was cutting a sheet of plywood due to the lack of a handguard. The supplier, who purchased the assets from the original manufacturer at auction who had filed for bankruptcy, did not assume liability for claims against its products sold before the date of the agreement.
Court: USDC Eastern District of New York, Judge: Brodie, Filed On: September 8, 2023, Case #: 1:17cv415, NOS: Personal Injury - Product Liability - Torts - Personal Injury, Categories: Product Liability, Warranty
J. Brodie strikes five out of a total of 51 affirmative defenses asserted by a night club operator against claims that it failed to pay its erotic dancers minimum wage and failed to pay its tipped employees, striking defenses related to arguments that claimed the employees waived their rights to claims under state and federal labor laws as well as their arguments claiming their lost wages were minimal.
Court: USDC Eastern District of New York, Judge: Brodie, Filed On: September 8, 2023, Case #: 1:20cv226, NOS: Fair Labor Standards Act - Labor, Categories: Employment, Labor
J. Seeley finds the lower court properly dismissed an inmate's habeas petition on ineffective assistance of counsel claims. While defense counsel should have objected to the admission of evidence about his co-conspirators' sexual assault of the victim of their robbery, a crime with which the inmate was never charged, the jury's decision to acquit him on some charges and the overwhelming evidence of his guilt on others prevented him from proving prejudice. Affirmed.
Court: Connecticut Court Of Appeals, Judge: Seeley, Filed On: September 8, 2023, Case #: AC45321, Categories: Burglary, Habeas, Ineffective Assistance
J. Wiener finds the district court improperly reapplied a firearm enhancement to defendant’s sentence for his guilty plea conviction for conspiring to possess with intent to distribute meth. Upon arrest, defendant was found sitting near a firearm, supporting constructing possession. Defendant offered rebuttal evidence at trial to the government’s argument that a temporal and spatial relation existed between the weapon, the drug trafficking activity and the defendant. This evidence was not properly considered at resentencing. Vacated and remanded.
Court: 5th Circuit, Judge: Wiener, Filed On: September 8, 2023, Case #: 22-10452, Categories: Drug Offender, Firearms, Sentencing
J. Huffman finds the lower court properly denied the father's motions for temporary custody extensions. The expiration of family services' temporary custody mooted the claim, which allowed the father to pursue relief only through permanent custody proceedings. Meanwhile, the father's refusal to regularly meet with family services and both parents' failures to make significant progress in their case plans allowed the court to grant custody to family services in the best interests of the child. Affirmed.
Court: Ohio Court Of Appeals, Judge: Huffman, Filed On: September 8, 2023, Case #: 2023-Ohio-3183, Categories: Civil Procedure, Family Law
J. McCallum vacates the trial court's order to remit funds of $2.7 million into the court’s registry because it unconstitutionally intrudes upon the Parish School Board's delegated responsibility to appropriate funds under Crooks. The funds were collected through the enforcement of an ordinance titled "School Bus Safety Enforcement Program for Detecting Violations of Overtaking and Passing School Buses." Vacated in part.
Court: Louisiana Supreme Court, Judge: McCallum, Filed On: September 8, 2023, Case #: 2022-CC-01713, Categories: Constitution, Class Action
J. Gershon dismisses a False Claims Act whistleblower complaint brought against an oncology clinic for allegedly charging Medicare for overfill oncology medications. The litigant, a healthcare provider, fails to allege its principal had firsthand knowledge of the defendant’s actions or conducted a thorough investigation to corroborate claims made by other sources. As well, it fails to show that the defendant voluntarily disclosed relevant information to the U.S. government, a requirement under the law.
Court: USDC Eastern District of New York, Judge: Gershon, Filed On: September 8, 2023, Case #: 1:19cv5125, NOS: False Claims Act - Torts - Personal Injury, Categories: Health Care, Medicare, False Claims