142 results for 'filedAt:"2023-09-19"'.
J. Scarsi grants a footwear company's motion for default judgment in a patent infringement dispute. The alleged infringer did not oppose the motion and has not otherwise appeared to defend the action. The shoe designer has stated a plausible claim for patent infringement regarding the design of its ballet flat and shown that an ordinary customer might mistake the competitor's alleged infringing product for one of its own. A permanent injunction is warranted as the competitor has not shown that it will not continue infringing the patent in question as it "has not defended this lawsuit despite receiving notice."
Court: USDC Central District of California, Judge: Scarsi, Filed On: September 19, 2023, Case #: 2:22cv6112, NOS: Patent - Property Rights, Categories: Patent
J. Gilbert orders Chicago State University to hand over all academic records relating to Nigerian President Bola Tinubu to former Nigerian Vice President Atiku Abubakar, who is challenging the results of the Nigerian presidential election held earlier this year. Abubakar claims Tinubu forged his undergrad degree from the university. Abubakar’s interest in obtaining the records outweighs Tinubu’s privacy rights because Tinubu put his diploma at issue by submitting it to Nigeria’s Independent National Electoral Commission.
Court: USDC Northern District of Illinois, Judge: Gilbert, Filed On: September 19, 2023, Case #: 1:23cv5099, NOS: Other Statutory Actions - Other Suits, Categories: International Law, Discovery
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J. Houston rules that a hemp farm company may pursue Fourth Amendment claims against San Diego County officers related to the search of its farm and the destruction of $3 million worth of crops. The search warrant was defective because it did not mention the possibility that the company was legally cultivating hemp on its property and not marijuana. The officers also unreasonably dismissed the farm tenant's offer to show physical proof that the farm had a valid registration permit to grow hemp.
Court: USDC Southern District of California, Judge: Houston, Filed On: September 19, 2023, Case #: 3:20cv2082, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Constitution
J. Flood finds that the trial court properly declined to suppress evidence discovered during a traffic stop because the stop had been justified by the "very strong" odor of marijuana emanating from the vehicle as defendant drove down the street ahead of the officer's vehicle.
Court: North Carolina Court of Appeals, Judge: Flood, Filed On: September 19, 2023, Case #: COA22-997, Categories: Search
J. Cole grants, in part, the seller's motion for summary judgment, ruling the buyer owes it more than $13,000 under the contract's post-closing adjustment holdback provision, which was binding on the parties, regardless of whether the seller disputed the working capital statement provided by the buyer. Meanwhile, the buyer is entitled to summary judgment on the fraud claim because not only is there no concrete evidence of false statements made after the deal was closed, but the seller failed to prove any harm came from the alleged misstatements about corporate assets.
Court: USDC Southern District of Ohio, Judge: Cole, Filed On: September 19, 2023, Case #: 1:18cv907, NOS: Other Contract - Contract, Categories: Fraud, Damages, Contract
J. Behm dismisses infringement claims involving U.S. Patent No. 8,163,802, a nasal application that inhibits airborne particles from causing infection, because defendant failed to provide documentation of sales or royalties in order to demonstrate entitlement to lost profits.
Court: USDC Eastern District of Michigan, Judge: Behm, Filed On: September 19, 2023, Case #: 4:21cv10312, NOS: Patent - Property Rights, Categories: Patent, Damages
J. Ellington finds that the trial court properly convicted defendant of murder, aggravated assault and other offenses. Sufficient evidence was presented to support defendant's convictions and to allow the jury to find that defendant was a party to the crimes. Defendant failed to show that his trial counsel performed deficiently or was conflicted in representing both him and his brother. Affirmed.
Court: Georgia Supreme Court, Judge: Ellington, Filed On: September 19, 2023, Case #: S23A0758, Categories: Ineffective Assistance, Murder, Assault
J. Barker grants the insurer's motion to dismiss a policyholder's counterclaims, ruling evidence in the record establishes she failed to inform the company of negotiations before she entered into a settlement with the estate and that no exception to the policy language involving settlements applies. Therefore, the conditions for the insurer's affirmative defense to the breach of contract counterclaims are met.
Court: USDC Northern District of Ohio, Judge: Barker, Filed On: September 19, 2023, Case #: 1:21cv1981, NOS: Insurance - Contract, Categories: Insurance, Settlements, Contract
J. Rice finds in favor of the city against the minerals company's claim that the former violated the latter's right to due process when it authorized activities to surface owners on the land where the company owns mineral interests. The company does not present sufficient evidence to establish its per se physical taking claim, because the individual landowners and the city made surface-level improvements to the land, which is not the same as running underground interferences.
Court: USDC Eastern District of Washington, Judge: Rice, Filed On: September 19, 2023, Case #: 4:22cv5055, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Property, Due Process
J. Bethel finds that the trial court properly convicted defendant of murder, aggravated assault and a firearm offense. The trial court correctly denied defendant's motion for a directed verdict because there was evidence allowing the jury to find that defendant was a knowing participant when he started a dispute with the victim. Defendant's trial counsel was not deficient for failing to request a jury charge on good character evidence. Defendant failed to show that the trial outcome would have been different if the jury had received the charge. Affirmed.
Court: Georgia Supreme Court, Judge: Bethel, Filed On: September 19, 2023, Case #: S23A0670, Categories: Ineffective Assistance, Murder, Jury Instructions
J. Seeborg dismisses contract claims brought by a pair of commercial real estate companies alleging that the bank backtracked on a promise to give them a $6.6 million loan. The claims have already been dismissed once before for failure to state a claim, and the same is true for the amended complaint. The bank may have offered reassurances and encouragement about their loan, but stopped short of outright promising that a loan was incoming. Contract claims cannot survive on reassurances alone.
Court: USDC Northern District of California, Judge: Seeborg, Filed On: September 19, 2023, Case #: 3:22cv5033, NOS: Other Contract - Contract, Categories: Banking / Lending, Contract
J. McDonald finds the appeals court properly determined the trial court lost jurisdiction over defendant's case when it dismissed the criminal charges against him and, therefore, it could not reinstate charges when the state brought forth new evidence the day after the dismissal. Although Connecticut law includes a four-month rule in civil cases that allows courts to retain jurisdiction after a notice of judgment, this rule does not apply to criminal matters. Affirmed.
Court: Connecticut Supreme Court, Judge: McDonald, Filed On: September 19, 2023, Case #: SC20702, Categories: Criminal Procedure, Jurisdiction
Per curiam, the circuit finds that the district court properly dismissed this civil rights suit alleging that the DHS and its agents unlawfully accessed and tampered with the attorney's computer network and telecom systems because of her advocacy. Certain claims were correctly dismissed due to sovereign immunity, which the United States has not waived. Other claims are modified as dismissed without prejudice. Affirmed as modified.
Court: 5th Circuit, Judge: Per curiam, Filed On: September 19, 2023, Case #: 22-40665, Categories: Civil Rights, Government, Technology