137 results for 'filedAt:"2023-11-07"'.
J. Wright grants final approval to a class action settlement in an action alleging securities law violations by a smart-home tech company. The relief provided by the settlement, which provides that the company spend $300,000 yearly for the next five years to improve its risk management practices and implement other terms designed to protect its shareholders, is adequate. Attorney fees of $1,600,000 and service awards of $15,000 to named plaintiffs are also appropriate.
Court: USDC Minnesota, Judge: Wright, Filed On: November 7, 2023, Case #: 0:21cv1965, NOS: Securities/Commodities/Exchange - Other Suits, Categories: Securities, Attorney Fees, Class Action
J. Higginbotham finds the trial court properly found Honda liable for severe injuries sustained by the driver and passenger in a Honda CR-V from a side-impact accident. The court awarded over $21 million in damages. The severest injury was not caused by vehicle impact, but by the driver’s ejection from his seatbelt, causing his head to hit the passenger’s. An expert explained that the crash should have been without serious injury because the “configuration and severity” were below parameters of testing set by the Insurance Institute for Highway Safety. He also said that Honda’s representative admitted that it did not “run a side impact test with a far side crash test dummy.” The testimony was properly admitted, with opinions based on reliable methodologies. There was sufficient evidence for the jury to find Honda liable, and the court’s application of the statutory presumption of nonliability was properly executed on all fronts. Affirmed.
Court: 5th Circuit, Judge: Higginbotham, Filed On: November 7, 2023, Case #: 22-40790, Categories: Evidence, Product Liability, Experts
Per curiam, the Fifth Circuit finds the trial court properly convicted defendant by guilty plea for possession of a firearm after a felony conviction. Defendant was detained through a traffic stop a few days after his attempted lane change nearly resulted in a collision which moved him to shoot at the other vehicle 13 times, once grazing the other driver’s head. Defendant consented to a search and officers recovered a 9mm pistol loaded with a 50-round drum magazine. Defendant confirmed that it belonged to him, and shell casings recovered from the shot-at vehicle matched. All evidence supports the conviction and the court properly calculated the base offense level using a prior robbery conviction classified as a violent crime. Defendant’s repeated violation of his pretrial release terms supports the denial of an acceptance of responsibility reduction. Affirmed.
Court: 5th Circuit, Judge: Per curiam, Filed On: November 7, 2023, Case #: 22-10892, Categories: Evidence, Firearms, Sentencing
Per curiam, the Fifth Circuit finds the trial court properly convicted the former police chief of San Angelo, Texas, for bribery after he accepted money from a city vendor in exchange for support of the vendor’s future city contracts. There was no error in the court’s jury instructions requiring it to find a quid pro quo. Defendant’s argument, according to which an agreement to support the payor “as opportunities arise” isn’t a quid pro quo, misunderstands the law. The government presented evidence of a $180,000 agreement, disguised as fees for band performances, in exchange for support on future contracts. This a valid theory of bribery. Affirmed.
Court: 5th Circuit, Judge: Per curiam, Filed On: November 7, 2023, Case #: 22-10766, Categories: Evidence, Bribery, Jury Instructions
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J. Kindred dismisses the matter as frivolous. The individual's "narrative contains unintelligible claims involving kidnapping, human trafficking, wrongful incarceration, the Magna Carta, embezzlement, evictions, garnished wages, denial of disability benefits, distribution of the Permanent Fund Dividend, genocide, and child abuse."
Court: USDC Alaska, Judge: Kindred, Filed On: November 7, 2023, Case #: 3:23cv135, NOS: Amer w/Disabilities-Employment - Civil Rights, Categories: Employment
J. Kindred dismisses the matter as frivolous. The individual's "narrative contains unintelligible claims involving kidnapping, human trafficking, wrongful incarceration, the Magna Carta, embezzlement, evictions, garnished wages, denial of disability benefits, distribution of the Permanent Fund Dividend, genocide, and child abuse."
Court: USDC Alaska, Judge: Kindred, Filed On: November 7, 2023, Case #: 3:23cv244, NOS: Rent Lease & Ejectment - Real Property, Categories: Real Estate
J. Staring finds a lower court improperly denied the state's motion for special action review concerning a civilian that fired his rifle at a group of immigrants on his ranch, which resulted in the death of one person. A judge argued that anti-marital fact privilege can be reasserted after the civilian's arrest. However, the state presented sufficient evidence in court that the civilian's wife's post-arrest disclosures to police officers are not considered privileged information. Vacated.
Court: Arizona Court Of Appeals Division Two, Judge: Staring, Filed On: November 7, 2023, Case #: 2 CA-SA 2023-71, Categories: Evidence, Privilege, Firearms
Per curiam, the Supreme Court of Ohio finds attorney Gregory Carter will be suspended from the practice of law for two years for his failure to deposit a client's payment in his trust account and for a sexual interaction with the client's girlfriend, which included forcing her to perform oral sex in his office as a "reward" for his legal services. Carter also refused to acknowledge the seriousness of his misconduct, which resulted in a police investigation, but because he has a clean disciplinary record, the second year of his suspension will be stayed so long as he completes the necessary continuing education courses.
Court: Ohio Supreme Court, Judge: Per curiam, Filed On: November 7, 2023, Case #: 2023-Ohio-3992, Categories: Evidence, Attorney Discipline
J. Russell finds that the lower court properly denied defendant's post-conviction motion alleging ineffective assistance of counsel at both his guilty plea and sentencing proceedings. Counsel testified that he was aware of defendant's past competency issues, but said defendant was able to consult with him rationally and understood the proceedings. Further, the court observed defendant at both proceedings and said he did not appear erratic or confused. Affirmed.
Court: Missouri Supreme Court, Judge: Russell, Filed On: November 7, 2023, Case #: SC100084, Categories: Ineffective Assistance, Sentencing, Plea
J. Ecker finds the lower court erroneously dismissed the beneficiaries' fiduciary duty claims against the trustee. Although she was not the executor of the estate and could not exert influence over its assets, she retained a duty to protect the interests of the trust and file claims against the executor based on evidence of self-dealing. Additionally, even though there was no claim of self-dealing against the trustee, such an allegation is not required for a fiduciary duty claim such as this, when the trustee allegedly failed to diligently protect the interests of the beneficiaries. Reversed.
Court: Connecticut Supreme Court, Judge: Ecker, Filed On: November 7, 2023, Case #: SC20676, Categories: Trusts, Wills / Probate, Fiduciary Duty
J. Glasgow finds that the lower court properly convicted but improperly sentenced defendant for violating a local statute that makes it unlawful to leave a dangerous dog outside unattended and unleashed. Defendant was convicted for violating the ordinance after her dog was left unsecured at home, but was given a chance to suspend her sentence if the dog was turned over to animal control the next day. That condition on the suspension of the sentence is not supported by any language or requirements under the law, so the sentence was unlawful. Reversed in part.
Court: Washington Court Of Appeals, Judge: Glasgow, Filed On: November 7, 2023, Case #: 56949-3-II, Categories: Criminal Procedure, Sentencing
J. Hurd denies an insurer’s motion to exclude two experts’ testimony seeking to rebut claims that a manufacturer’s exhaust fan was defective and was the source of a fire that damaged an insured’s apartment building. The court finds their testimony, which suggests the fire was resulted from wood placed near a heating source, is sufficiently based on reliable principles and methods. The court further grants the insurer’s motion to preclude the experts’ cumulative testimony.
Court: USDC Northern District of New York, Judge: Hurd, Filed On: November 7, 2023, Case #: 8:22cv1356, NOS: Property Damage Product Liability - Torts - Personal Property, Categories: Insurance, Product Liability, Experts
Per curiam, the Georgia Supreme Court accepts attorney Tamorra A. Boyd's petition for voluntary discipline and directs that a public reprimand be administered to her in open court for her admitted violations of the Georgia Rules of Professional Conduct. The attorney's conduct during her time as an employee of a California firm purporting to help homeowners seek solutions to mortgage issues was negligent but her motives were not selfish or dishonest.
Court: Georgia Supreme Court, Judge: Per curiam, Filed On: November 7, 2023, Case #: S22Y0940, Categories: Judiciary, Attorney Discipline
J. Robart grants the glass infuser company $5,000 in statutory damages and $687 in litigation costs for its complaint alleging that the tobacco shop and its owner sold unauthorized counterfeit glass infusers bearing the glass infuser company's "Studenglass" trademark. The glass infuser company demonstrates that it owns a valid Studenglass mark, and that the tobacco shop's use of that mark is likely to cause consumer confusion.
Court: USDC Western District of Washington, Judge: Robart, Filed On: November 7, 2023, Case #: 2:23cv374, NOS: Trademark - Property Rights, Categories: Trademark, Damages
J. Chesler dismisses certain claims and counterclaims contending a company failed to pay for warehousing services and that the manufacturer did not release warehoused merchandise after the contract was terminated because the escrow agent is not a proper defendant; the company failed to prove the initial inventory report was inaccurate; and fraudulent inducement allegations are inapplicable.
Court: USDC New Jersey, Judge: Chesler , Filed On: November 7, 2023, Case #: 2:23cv1759, NOS: Other Contract - Contract, Categories: Fraud, Contract
J. Holmes finds that the lower court improperly found in favor of a school district regarding Title IX claims from a former student who says the school was deliberately indifferent to sexual abuse perpetrated by a seventh-grade teacher. The lower court found in favor of the school district on the grounds that the district did not have notice that the teacher posed a risk of abuse before it learned he had been reported to the police. A jury, however, could reasonably conclude that prior reports of the teacher's behavior gave notice to people working at the district of the risk. Reversed.
Court: 10th Circuit, Judge: Holmes, Filed On: November 7, 2023, Case #: 21-8078, Categories: Education
Per curiam, the Georgia Supreme Court suspends attorney W. McCall Calhoun, Jr. from the practice of law pending the outcome of his 11th Circuit appeal of his convictions related to his participation in the Jan. 6, 2021 insurrection at the United States Capitol. The attorney was convicted of obstruction of an official proceeding before Congress, entering and remaining in a restricted building or grounds, disorderly or disruptive conduct in a restricted building or grounds, disorderly conduct in a Capitol building and demonstrating in a Capitol building. The convictions include a felony and several misdemeanors. The findings of guilt occurred at a bench trial and constitute verdicts.
Court: Georgia Supreme Court, Judge: Per curiam, Filed On: November 7, 2023, Case #: S23Y1160, Categories: Judiciary, Attorney Discipline
Per curiam, the Georgia Supreme Court rejects the special master's recommendation of disbarment and instead suspends attorney Walter Douglas Adams for one year for his violations of the Georgia Rules of Professional Conduct. The attorney failed to properly communicate with his client about a settlement, failed to put a contingency fee in writing and charged an unreasonable fee for obtaining the settlement.
Court: Georgia Supreme Court, Judge: Per curiam, Filed On: November 7, 2023, Case #: S23Y0437, Categories: Judiciary, Attorney Discipline
J. Chesler dismisses claims and counterclaims contending a competitor filed an application for a generic version of Halaven before patent no. 6,214,865 expired because the pharmaceutical company appears to demonstrate it cannot reasonably expect to continue enforcement efforts against the generic drug company, and the competitor failed to prove other companies forfeited potential market exclusivity.
Court: USDC New Jersey, Judge: Chesler , Filed On: November 7, 2023, Case #: 2:22cv5950, NOS: Abbreviated New Drug Applications (ANDA) - Property Rights, Categories: Patent
J. Barker grants, in part, the ash processing company's motion for sanctions against the mineral recovery machine manufacturer, ruling the inspector's photos and statements about the processing company's filtration system violated the parties' protective order. They were used on the manufacturer's patent application for a similar product and not solely for discovery, as required by the order. Therefore, the manufacturer will be enjoined from introducing the patent during this case while the ash processing company is awarded fees associated with this motion.
Court: USDC Northern District of Ohio, Judge: Barker, Filed On: November 7, 2023, Case #: 1:21cv662, NOS: Other Contract - Contract, Categories: Patent, Sanctions, Attorney Fees
J. Colins finds that the lower court properly sentenced defendant for possessing crack cocaine with intent to deliver and related charges. Defendant failed to contest that the police officer who pulled defendant over for a traffic stop had reasonable suspicion to search the vehicle after the initial confrontation. Affirmed.
Court: Pennsylvania Superior Court, Judge: Colins, Filed On: November 7, 2023, Case #: J-S29040-23, Categories: Drug Offender, Evidence, Search