79 results for 'filedAt:"2023-11-06"'.
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Per curiam, the Oklahoma Supreme Court approves District Judge Timothy Henderson’s resignation from the Oklahoma Bar pending disciplinary proceedings after he was charged for having undisclosed sexual relationships with two assistant district attorneys who prosecuted criminal cases in his court. The judge has complied with all rules and has not been subject to coercion or duress.
Court: Oklahoma Supreme Court, Judge: Per curiam, Filed On: November 6, 2023, Case #: SCBD-7527, Categories: Judiciary, Attorney Discipline
J. Cadish finds the district court properly dismissed this complaint brought by the hospital association challenging the constitutionality of a bill in the Nevada Unfair Trade Practices Act preventing health care providers from incentivizing use of certain providers, and other acts constituting restraint on trade. The association does not set forth sufficient facts regarding its claimed significant burden of the bill on interstate commerce. Simply saying that the bill burdens commerce fails to meet the notice-pleading standard. Affirmed.
Court: Nevada Supreme Court, Judge: Cadish, Filed On: November 6, 2023, Case #: 84991, Categories: Constitution, Health Care, Insurance
J. Dick orders judgment in favor of class-action litigants and against the state department of corrections, ending a yearslong litigation of medical treatment claims at Louisiana’s maximum-security prison in Angola. “The attitudes of those in medical leadership” at the corrections department and the sprawling 18,000-acre prison farm “easily demonstrate that injunctive relief is required in this case.”
Court: USDC Middle District of Louisiana, Judge: Dick, Filed On: November 6, 2023, Case #: 3:15cv318, NOS: Prison Condition - Habeas Corpus, Categories: Civil Rights, Constitution, Health Care
J. Pitman finds for the insurer in an underinsured motorist insurance dispute. The insurer is not contractually liable for the underinsured motorist insurance limits until liability and underinsured status was determined in the underlying lawsuit against the negligent driver who struck and killed a tow-truck driver. No such judgment existed at the time the decedent's family made its demand on the insurer.
Court: USDC Western District of Texas , Judge: Pitman, Filed On: November 6, 2023, Case #: 1:22cv765, NOS: Insurance - Contract, Categories: Insurance, Contract
J. Powell finds the lower court erroneously authorized the component manufacturer's garnishment of a military vehicle production company's bank accounts for unpaid invoices because a financing company held a priority security interest in the accounts. Although the bank deposited the funds with the court, the deposit was temporary and did not extinguish the financing company's interest in the funds, which cannot be used to satisfy the manufacturer's judgment. Reversed.
Court: Ohio Court Of Appeals, Judge: Powell, Filed On: November 6, 2023, Case #: 2023-Ohio-4023, Categories: Damages, Contract
J. Traynor finds that North Dakota officials, including Governor Burgum and the Morton County Sheriff are entitled to qualified immunity as it relates to First Amendment claims brought by a class of protestors. Count 1 of the amended complaint alleges viewpoint discrimination and prior restraint and is dismissed with prejudice. The matter involves a skirmish between protestors and law enforcement officials in October of 2016 during the Dakota Access Pipeline protest. The protestors have not directed the court to any clearly established law that constitutionally prohibits officials from closing a highway following a skirmish between protestors and law enforcement.
Court: USDC North Dakota , Judge: Traynor, Filed On: November 6, 2023, Case #: 1:18cv212, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, First Amendment
J. Wendlandt affirms the dismissal of local housing authorities’ motion for a declaratory judgment based on the local housing authorities’ belief that their state government exceeds its authority by refusing to approve employment contracts between local housing authorities and their executive directors if they don’t adhere to Department of Housing and Community Development guidelines. Guidelines are not by definition necessarily optional. Guidelines can be mandatory and the use of the term guidelines in a statute rather than mandates does not imply that the statute carries less authority than if it did use the term mandates.
Court: Massachusetts Supreme Court, Judge: Wendlandt, Filed On: November 6, 2023, Case #: SJC-13412, Categories: Administrative Law, Government, Housing
J. Murray finds that the lower court improperly issued a permanent injunction against labor union members in this case filed against a newspaper. The trial court violated a timing rule for filing the permanent injunction within the proper time frame, however, the court declines “to create a remedy not contemplated by the text of the rule” and will send the case back to the lower court for relevant consideration. Reversed in part.
Court: Pennsylvania Superior Court, Judge: Murray, Filed On: November 6, 2023, Case #: J-A15010-23, Categories: Civil Procedure, Labor / Unions, Labor
J. Fallon declines to dismiss patent infringement claims concerning the Conair BaBylissPRO LO-PROFX hair clipper and trademark infringement claims concerning Conair FX 825 and 603G Wedge clippers because a side-by-side comparison demonstrates the clipper designs were sufficiently similar, and the fair use defense concerning the term "Wedge" requires a fact intensive analysis.
Court: USDC Delaware, Judge: Fallon, Filed On: November 6, 2023, Case #: 1:23cv114, NOS: Patent - Property Rights, Categories: Civil Procedure, Patent, Trademark
J. Sheridan dismisses claims contending a corrections officers confined an inmate "naked and with a suicide blanket" and, later, beat him up because officers were not provided adequate notice of the accusation, and the complaint failed to specify the officers or prison officials being accused or the violations that had been committed.
Court: USDC New Jersey, Judge: Sheridan , Filed On: November 6, 2023, Case #: 3:22cv6911, NOS: Other Civil Rights - Civil Rights, Categories: Civil Procedure, Civil Rights, Prisoners' Rights
Per curiam, the circuit finds that the district court properly convicted defendant of sex trafficking a minor and inducing her to engage in sexually explicit conduct. Defendant challenged venue in one of two New York City districts, since he operated from one venue and the victim was from the other, but evidence indicates his repeated communications to induce and solicit her participation reached her in the southern district in Manhattan. Affirmed.
Court: 2nd Circuit, Judge: Per curiam, Filed On: November 6, 2023, Case #: 22-287-cr, Categories: Criminal Procedure, Sex Offender, Child Victims
J. Guidry denies a Texas couple’s request for remand to a Louisiana state court, rejecting their argument a New Orleans tree care company impermissibly transferred their suit alleging that it, New Orleans and others are liable for critical injuries their young son suffered when a large oak limb fell and crushed him as he sat with his family sat on a bench in historic Jackson Square. The rule that the parents cite does not prohibit the litigant’s so-called “snap removal” of their suit to federal jurisdiction. The child remains hospitalized in a coma and “his future is uncertain.”
Court: USDC Eastern District of Louisiana , Judge: Guidry, Filed On: November 6, 2023, Case #: 2:23cv2768, NOS: Other Personal Injury - Torts - Personal Injury, Categories: Tort, Damages, Jurisdiction
J. Selna finds in favor of the credit union regarding the California penal code claim of the Vietnamese-American communities' complaint alleging that the credit union served third-parties Kent R.E. Whitney and the Church for the Healthy Self, the former of whom served about 30 months in prison for a financial fraud conviction, who went on to defraud the communities in a multi-million dollar Ponzi scheme. The communities do not present evidence that the credit union knew that the church stole the investors' funds and they do not show that the credit union knew about Whitney's prior financial fraud convictions.
Court: USDC Central District of California, Judge: Selna, Filed On: November 6, 2023, Case #: 8:22cv259, NOS: Other Fraud - Torts - Personal Property, Categories: Evidence, Fraud, Class Action
J. Williamowski finds the markings and coloring of pills found in defendant's hotel room, when coupled with expert testimony from law enforcement, was sufficient to prove they were controlled substances and subsequently convict defendant on drug possession charges. Meanwhile, testimony from the victim about her activities with defendant did not constitute impermissible other acts evidence. Although she spoke about her escape from his hotel room, all of her testimony focused on drug trafficking and did not stray into criminal activity not included in the indictment. Affirmed.
Court: Ohio Court Of Appeals, Judge: Williamowski, Filed On: November 6, 2023, Case #: 2023-Ohio-4021, Categories: Drug Offender, Evidence
J. Wooton reverses the lower court's order reversing the Office of Administrative Hearings' decision revoking the motorist's drivers license for five years for driving under the influence. The trial judge erred by focusing on two chemical breath tests that failed to show the presence of any alcohol or drugs in the motorist's system over the preponderance of the evidence offered by responding law enforcement officers that the motorist displayed signs of impairment and failed two field sobriety tests. Reversed.
Court: West Virginia Supreme Court Of Appeals, Judge: Wooton, Filed On: November 6, 2023, Case #: 22-0223, Categories: Administrative Law, Government, Transportation
J. Shah partially grants the Chicago Transit Authority’s motion to dismiss a civil rights suit, brought by a former CTA worker who opposed the agency’s mandatory Covid-19 employee vaccination policy. The employee sought a religious exemption to the vaccine based on his beliefs, among others, that vaccines were “unclean” and contained pork products that his biblically mandated diet prevented him from ingesting. The CTA denied his exemption request and fired him after he refused to get the vaccine regardless. The worker subsequently brought a nine-count civil rights suit against the CTA, the majority of which the court now dismisses. The only counts to survive are an allegation that the CTA’s exemption denial violated the state and federal Religious Freedom Restoration Acts, and a Title VII claim under the 1964 Civil Rights Act.
Court: USDC Northern District of Illinois, Judge: Shah, Filed On: November 6, 2023, Case #: 1:22cv6086, NOS: Other Statutory Actions - Other Suits, Categories: Civil Rights, Employment Discrimination, Employment Retaliation
J. Altman grants the governor dismissal of claims challenging state statute which prevents transgender girls from participating in girls' sports teams because plaintiff, a transgender girl, failed to demonstrate discriminatory intent. However, plaintiff may amend the complaint.
Court: USDC Southern District of Florida, Judge: Altman, Filed On: November 6, 2023, Case #: 0:21cv61344, NOS: Civil Rights - Habeas Corpus, Categories: Civil Rights, Constitution, Education