129 results for 'filedAt:"2023-11-01"'.
J. Kamins affirms the validity of a provision of the Secretary of State’s “County, City, and District Initiative and Referendum Manual” that sets forth the statutorily mandated signature requirements for certain areas. OAR 165-014-0005(3) held valid.
Court: Oregon Court of Appeals, Judge: Kamins, Filed On: November 1, 2023, Case #: A179573, Categories: Civil Procedure
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J. Vyskocil grants Sotheby's motion to dismiss conversion claims stemming from the sale of a drawing by artist Jean-Michel Basquiat. The auction house has not ignored the woman's ownership claim, and rescinded the sale, holding the drawing until a court determined rightful ownership of the work. Further, even if a former employee stole the drawing, the three-year limitations period for a conversion claim has long expired.
Court: USDC Southern District of New York, Judge: Vyskocil, Filed On: November 1, 2023, Case #: 1:22cv10406, NOS: Other Personal Property Damage - Torts - Personal Property, Categories: Property, Conversion
J. Zilly grants the deferred portion of Bungie's sealed motion for discovery sanctions regarding its complaint that the cheat code developer committed copyright infringement by distributing a software cheat for Bungie's Destiny 2 game. The cheat code developer had a duty to protect the information on four hard drives that one of the defendants wiped, because the information on those drives was potentially relevant evidence to this case.
Court: USDC Western District of Washington, Judge: Zilly, Filed On: November 1, 2023, Case #: 2:21cv811, NOS: Copyrights - Property Rights, Categories: Copyright, Sanctions, Discovery
J. Flaum finds that the lower court properly convicted defendant of conspiring to distribute meth. Defendant did not receive ineffective assistance due to counsel's failure to call a witness who might have testified the attorney pressured him to change his testimony. Even if the attorney was personally motivated not to call the witness, it was certainly in the defendant's best interest not to call the witness because of the risk's his testimony might have posed to her defense. Affirmed.
Court: 7th Circuit, Judge: Flaum, Filed On: November 1, 2023, Case #: 22-2922, Categories: Drug Offender, Ineffective Assistance, Witnesses
J. Huffaker grants cross-motions of summary judgment to the university in this employment discrimination suit alleging the director of academic support services was discriminated against on the basis of race discrimination and wrongful termination. The university asserts the director’s termination was “for violating a core compliance rule when he failed to timely report his knowledge of a suspected rule violation” to the NCAA, SEC and the university within six hours. The director has not, however made a prima facie showing of race discrimination and retaliation. The director’s motion to consider additional supporting evidence is granted.
Court: USDC Middle District of Alabama, Judge: Huffaker, Filed On: November 1, 2023, Case #: 3:21cv192, NOS: Employment - Civil Rights, Categories: Evidence, Employment Discrimination, Employment Retaliation
J. Doyle finds that the trial court improperly granted the caregiver's motion for a directed verdict in an action brought by the ex-wife seeking an order to set aside the decedent's designation of the caregiver as the beneficiary of an annuity. The ex-wife alleged that the caregiver unduly influenced the decedent to name her as his beneficiary. There is a jury question as to the issue of undue influence. Reversed in part.
Court: Georgia Court of Appeals, Judge: Doyle, Filed On: November 1, 2023, Case #: A23A0662, Categories: Tort
J. Robart partially grants the aircraft manufacturer's motion to seal an exhibit from its complaint that Boeing infringed on its hybrid-electric and electric aircraft technology. The exhibit contains Boeing's first set of interrogatories seeking a description of the aircraft manufacturer's trade secrets, and the aircraft manufacturer is right to be concerned that unauthorized persons could have access to its proprietary technology and business strategies, including those detailing its software platform, powertrain system, propulsion system and market analytics.
Court: USDC Western District of Washington, Judge: Robart, Filed On: November 1, 2023, Case #: 2:21cv896, NOS: Patent - Property Rights, Categories: Patent, Trade Secrets, Discovery
J. Domenico dismisses a motivational speaker's RICO and trademark claims contending a woman repeatedly stalked, harassed, and defamed him online because he failed to prove she conspired to deprive him of financial gain or to specify which marks had been infringed.
Court: USDC Colorado, Judge: Domenico, Filed On: November 1, 2023, Case #: 1:20cv742, NOS: Racketeer Influenced and Corrupt Organizations (RICO) - Other Suits, Categories: Trademark, Defamation, Racketeering
J. Yarbrough finds that the lower court properly granted summary judgment to the psychologist in this libel lawsuit brought by an individual who is "civilly committed pursuant to the Sexually Violent Predators Act" and contends that a written report about him contained inaccurate information. The psychologist's report was subject to the judicial proceedings privilege. Affirmed.
Court: Texas Courts of Appeals, Judge: Yarbrough, Filed On: November 1, 2023, Case #: 07-23-00072-CV, Categories: Civil Procedure, Defamation, Privilege
J. Lorello finds that the trial court was within its discretion to deny a car owner's motion to supplement discovery in his suit against a mechanic for allegedly faulty work. The owner was not entitled to supplemental discovery because he had failed to comply with a scheduling order and a discovery rule for expert witnesses. However, the trial court erred in awarding the mechanic storage fees since the mechanic failed to present evidence of costs. Vacated in part.
Court: Idaho Court Of Appeals, Judge: Lorello, Filed On: November 1, 2023, Case #: 50220, Categories: Discovery, Contract
J. Gallagher grants a merger mortgage company and a title firm’s motions to exclude expert testimony, then grants in part their motion to decertify the class and cross motion for summary judgment against a class of borrowers who sued for an illegal kickback scheme in violation of RESPA. The first witness was unable to state whether the class had obtained the lender’s policies, which does not address the issue, and the second witness lacked the knowledge to opine a RESPA compliance safeguard. Another hearing has been scheduled discuss additional questions answered for the motion to decertify the class and the cross motion of the mortgage and title firm’s summary judgment. Partial summary judgment in favor of the class borrowers is granted on the issue of the merger mortgage company can be held liable for the illegal kickback scheme.
Court: USDC Maryland, Judge: Gallagher, Filed On: November 1, 2023, Case #: 1:20cv3489, NOS: Consumer Credit - Other Suits, Categories: Real Estate, Banking / Lending, Class Action
J. Virden finds the circuit court properly awarded decedent’s wife a homestead and dowery interest in a property that decedent’s son claims funds a trust which would prevent the award. The court properly refused to admit certain trust documents by its own discretion and the arguments are not preserved for appeal because they were not raised in court. The circuit court also did not err in determining that no constructive trust was formed. The son does not assert that fraud, constructive fraud, false promise, or violation of fiduciary duty occurred that would give rise to a constructive trust. Affirmed.
Court: Arkansas Court Of Appeals, Judge: Virden, Filed On: November 1, 2023, Case #: CV-21-443, Categories: Evidence, Trusts, Wills / Probate
J. Brown finds the county court properly extended an order of protection against the ex-husband. The original order was sought by the ex-wife on allegations that the ex-husband had thrown objects at her head, choked her and had pulled her around by the hair. The ex-wife indicated that she was afraid due his instability and threats and showing up unexpectedly at her and her friend’s residences “in disguise.” The request for the order of protection was granted based also on evidence of the ex-husband’s other ex-wife and attorney winning orders of protection against him as well as great amounts of other evidence. All evidence supports the extension. Defendant does not point to evidence in the record showing that the court did not consider evidence calling the ex-wife’s credibility into question. Affirmed.
Court: Arkansas Court Of Appeals, Judge: Brown, Filed On: November 1, 2023, Case #: CV-22-618, Categories: Evidence, Restraining Order
J. Klappenbach finds the county court properly found that a nonexclusive easement exists in the property deed, preventing the owner from attempting to block or restrict their neighbors from using it. The owner was aware that the property he purchased was subject to the easement, which was not required to have been conveyed to the neighbors by the previous owner. Affirmed.
Court: Arkansas Court Of Appeals, Judge: Klappenbach, Filed On: November 1, 2023, Case #: CV-22-719, Categories: Municipal Law, Property, Contract
J. Virden finds the trial court properly revoked defendant’s suspended imposition of sentence for his convictions on charges of commercial burglary, theft of property and firearm possession. The state presented evidence that defendant was honked at by a customer in the Walmart parking lot as he backed out of a parking space. That customer testified that defendant “floored it,” causing his car to spin and hit several other cars, also striking and killing another customer who had been loading groceries into her car. Defendant later tested positive for meth and marijuana. All evidence supports the revocation and the sentence is within statutory limits. Affirmed.
Court: Arkansas Court Of Appeals, Judge: Virden, Filed On: November 1, 2023, Case #: CR-23-67, Categories: Drug Offender, Probation, Negligent Homicide
J. Wood finds the county court properly determined certain property to be marital property in this marriage dissolution, awarding the ex-wife spousal support as well as ordering her to repay money withdrawn from the ex-husband’s nonmarital business accounts while denying her request for rehabilitative alimony. No corroborating evidence or testimony that the ex-husband’s parents intended money used to purchase property during the marriage to be a gift. Spousal support was properly awarded to be paid during the divorce proceedings as the ex-wife no longer worked for the husband’s business. Though the wife previously worked for the business, it was the husband’s premarital property, and she did not have authority to withdraw money from the business’s accounts. Affirmed on direct and cross-appeals.
Court: Arkansas Court Of Appeals, Judge: Wood, Filed On: November 1, 2023, Case #: CV-22-186, Categories: Family Law, Property, Contract
J. Abramson finds the circuit court properly granted a father’s motion to modify custody of the never-married couple's daughter. The father filed for change of custody, stating that the mother’s mom had been charged with a criminal offense and arraigned for placing a recording device in the child’s diaper bag. The court’s modification of custody based on its finding that the actions were alienating the child from her father against her best interest was not clearly erroneous. Affirmed.
Court: Arkansas Court Of Appeals, Judge: Abramson, Filed On: November 1, 2023, Case #: CV-22-596, Categories: Evidence, Family Law, Guardianship
J. Christopher finds that the lower court improperly held that the insurer, the victim of fraud, may only record the abstract of a lien on a $10 million restitution order. The Mandatory Victims Restitution Act provides a mechanism by which a private victim may enforce such a lien, so the insurer may seek to compel the sale of the fraudster's interest in a home. Reversed.
Court: New York Appellate Divisions, Judge: Christopher, Filed On: November 1, 2023, Case #: 05503, Categories: Property, Damages
J. Zilly denies the manufacturer's motion to dismiss the battery applications company's tortious interference with business expectancy counterclaim against the former's lawsuit, which alleges that the battery company stole and created a replica of the manufacturer's invention of a silicon-carbon composite for lithium-silicon batteries. The battery applications company reasonably alleges that the manufacturer contacted the former's potential customers and informed them about the claims in this supposedly meritless lawsuit, which would reasonably interfere with the battery applications company's business.
Court: USDC Western District of Washington, Judge: Zilly, Filed On: November 1, 2023, Case #: 2:22cv1354, NOS: Defend Trade Secrets Act of 2016 (DTSA) - Property Rights, Categories: Trade Secrets, Interference With Contract
J. Watkins finds that the trial court properly granted the allergy testing services provider's petition to confirm an arbitration award in a dispute over whether the company properly compensated the provider. The trial court correctly rejected the company's petition to vacate the award. The company failed to show that it was prejudiced by the second arbitrator's refusal to allow the company's principal to participate in the damages hearing by cross-examining the provider's witnesses. The company also failed to show that it was prejudiced by multiple email communications which occurred between the second arbitrator and counsel for the provider but excluded the company's representative. Affirmed.
Court: Georgia Court of Appeals, Judge: Watkins, Filed On: November 1, 2023, Case #: A23A0974, Categories: Arbitration
J. Miller finds the trial court improperly awarded the father $25,000 in attorney fees in a dispute with the mother over paternity, parental responsibility and child support. The trial court's order is overturned in part because there is not enough evidence in the record to warrant such a reward with regard to the mother and father's respective financial resources and the mother's poor conduct during litigation. Reversed.
Court: Florida Courts Of Appeal, Judge: Miller, Filed On: November 1, 2023, Case #: 22-2027, Categories: Family Law, Attorney Fees
Per curiam, the appellate division finds that P. Adam Kimmell shall be publicly censured following his public reprimand in Oregon for representing two different clients in a related matter where one client's interests were materially adverse to the interests of the former client.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: November 1, 2023, Case #: 05502, Categories: Attorney Discipline
[Consolidated.] Per curiam, the circuit finds that the district court properly denied claims contending aluminum producers conspired to limit supply in North America to push up prices and generate excess profits because manufacturers made purchases from third parties, not the alleged conspirators, and thus did not constitute "efficient enforcers" of antitrust laws. As a result, their appeal from the denial of class certification should be dismissed as moot. Affirmed.
Court: 2nd Circuit, Judge: Per curiam, Filed On: November 1, 2023, Case #: 21-643, Categories: Antitrust, Civil Procedure, Class Action
J. Watkins finds that the trial court properly ruled in favor of the racetrack operator in a negligence and premises liability action brought by a mother arising from injuries her son suffered while he was a passenger in a racer's vehicle. The trial court correctly found that the son assumed the risk for his injuries and was aware of the danger of participating in the race, which involved vehicles attempting to ram boats which had been attached to other vehicles. The trial court correctly denied the mother's motion for spoliation based on a lack of waivers from non-party race spectators because the absence of the waivers had no bearing on whether the son assumed the risk of the race. Affirmed.
Court: Georgia Court of Appeals, Judge: Watkins, Filed On: November 1, 2023, Case #: A23A0878, Categories: Negligence, Premises Liability