138 results for 'filedAt:"2023-11-14"'.
J. Menendez partially grants the trucking company's motion for attorney fees and costs in its breach-of-contract suit against a logistics broker alleging failures to pay for hauling services. While the motion was filed after a deadline, it is not denied as untimely since the delay was minimal, did not prejudice the broker, and does not appear to have been a result of bad faith. Additionally, unlawful covenants in a non-competition agreement the broker sought to enforce in its defense are not ancillary to the party's other agreement, and therefore do not entitle the trucking company to fees under a Texas law's fee-shifting provision. The trucking company is entitled to just over $72,000 in pre-judgment interest and some amount of post-judgment interest, to be determined by agreement of the parties if possible.
Court: USDC Minnesota, Judge: Menendez, Filed On: November 14, 2023, Case #: 0:20cv2538, NOS: Other Contract - Contract, Categories: Attorney Fees, Contract
J. Asplin finds a lower court properly ruled in favor of a group on tenants on contract claims against a landlord. The landlord argued that it was not obligated to serve notices to tenants of available freehold titles. However, the tenants presented sufficient evidence in court that they are entitled to first notices of offers of titles under the Landlord and Tenant Act. Affirmed.
Court: Her Majesty's Court of Appeal, Judge: Asplin, Filed On: November 14, 2023, Case #: CA-2022-2111, Categories: Property, Real Estate, Contract
J. Smith grants Tesla's petition for review, finding the National Labor Relations Board improperly found that Tesla employees had the right to wear union t-shirts rather than their uniforms while at work. The uniforms have a practical purpose in that they aid in minimizing damage to vehicles, and the National Labor Relations Act does not give the board authority to make all uniforms presumptively unlawful in favor of the employees' rights to display union affiliation. Vacated.
Court: 5th Circuit, Judge: Smith , Filed On: November 14, 2023, Case #: 22-60493, Categories: Civil Rights, Labor / Unions
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J. Smith finds the lower court properly granted summary judgment to an estate in this negligence matter. A grandson sued his grandfather for injuries he sustained after allegedly being hit by a golf cart at a family gathering on his grandfather’s property. The lower court granted summary judgment to the estate, as the grandfather had passed away before the matter concluded, finding that the grandson failed to provide specific proof of negligence by the grandfather. Affirmed.
Court: Mississippi Court Of Appeals, Judge: Smith, Filed On: November 14, 2023, Case #: 2022-CA-00597-COA, Categories: Evidence, Negligence
J. Sanchez finds that a disabled golfer's discrimination suit against a club that limited where he could drive his golf cart failed because he could not show how the limitations were discriminatory and not based on safety concerns. Also, substantial evidence showed that the club modified its policy to let him drive on restricted areas of the golf course. Affirmed.
Court: California Courts Of Appeal, Judge: Sanchez, Filed On: November 14, 2023, Case #: G061267, Categories: Ada / Rehabilitation Act
J. Lawson grants the management company's motion to dismiss a race discrimination and retaliation action brought by the former employee. The employee, a Black woman, alleged she faced racially motivated comments from other employees and claimed that a supervisor made an inappropriate remark about her hair. The employee failed to sufficiently allege that the company intentionally discriminated against her and failed to allege that she suffered an adverse employment action while employed by the company.
Court: USDC Middle District of Georgia, Judge: Lawson, Filed On: November 14, 2023, Case #: 7:23cv68, NOS: Employment - Civil Rights, Categories: Employment Discrimination, Employment Retaliation
J. Mollway dismisses a complaint from the discoverer of a shipwreck asking for ownership or a partial cut of any possible treasure excavated from a suspected sunken Spanish Galleon ship off the Big Island coast. As the discoverer has not been able to obtain the proper permits to excavate the wreck and insists that one permit obtained from the U.S. Army Corps of Engineers should cover all excavation efforts for over 10 years, the complaint is dismissed for lack of any progress.
Court: USDC Hawaii, Judge: Mollway, Filed On: November 14, 2023, Case #: 1:12cv552, NOS: Marine - Contract, Categories: Maritime, Property
J. Burke declines to dismiss two patent claims related to a security monitoring system for a computer network because even though both patents describe an abstract idea, the patent claims describe unconventional ways to use computerized probes within a computer security system.
Court: USDC Delaware, Judge: Burke, Filed On: November 14, 2023, Case #: 1:22cv1538, NOS: Patent - Property Rights, Categories: Patent
J. Rossman finds that the lower court properly denied qualified immunity to a group of police officers in a police misconduct suit brought by a protester who was hit in the head and knocked unconscious with a beanbag round while attending a protest over the death of George Floyd. The officers claim that their move to fire beanbag rounds into the crowd of demonstrators was called for because a tear gas canister, which was thrown by police into the crowd, was kicked back in their direction. The officers were equipped with gas masks and other gear that protected them from the gas, so a reasonable jury could find that the officers' decision to fire beanbag rounds was uncalled for and that the demonstrators' rights were violated. Affirmed.
Court: 10th Circuit, Judge: Rossman, Filed On: November 14, 2023, Case #: 22-1365, Categories: Immunity, Police Misconduct
J. Rose denies, in part, the advertiser's motion to dismiss, ruling the vet clinic's receipt of an unsolicited fax constitutes a concrete injury and gives it standing to pursue claims under the Telephone Consumer Protection Act.
Court: USDC Southern District of Ohio, Judge: Rose, Filed On: November 14, 2023, Case #: 3:23cv56, NOS: Telephone Consumer Protection Act (TCPA) - Other Suits, Categories: Consumer Law, Class Action
Per curiam, the appellate division finds that the lower court properly denied the defendant company's motion for sanctions for alleged discovery abuse. It is unrefuted that the convention service was unable to provide a detailed list of documents lost due to Superstorm Sandy because the boxes containing the documents got so wet they were unreadable. In addition, certain emails were unrecoverable after the an electrical outage corrupted the company's server. Affirmed.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: November 14, 2023, Case #: 05692, Categories: Sanctions, Discovery
J. Bassett affirms the termination of parental rights of a mother who committed a felony sexual assault against her older child and injured her. While her younger child was not born yet at the time of the assault and therefore, the mother argues, couldn’t have been injured by it, that argument is irrelevant to the goal of the relevant statutes, which is to protect the children’s health and safety.
Court: New Hampshire Supreme Court, Judge: Bassett, Filed On: November 14, 2023, Case #: 2022-0257, Categories: Family Law, Guardianship, Assault
Per curiam, the appellate division finds that the lower court properly ruled for a masonry subcontractor in a breach of contract suit against the general contractor on a project to restore a public school. While the contract permitted the general contractor to delete or modify the scope of the subcontractor's work, a third addendum was so extensive as to alter the essential identity of the contract and was therefore an abandonment of the subcontract. Affirmed.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: November 14, 2023, Case #: 05703, Categories: Construction, Contract
J. Panella finds that the lower court properly convicted defendant for harassment after she anonymously texted the other mothers of cheerleaders on her daughter’s competitive cheerleading squad images of their children, criticizing their behavior. The mother failed to raise whether her trial counsel had properly advised her about testifying on her own behalf before the lower court and thus, cannot do so on appeal. Affirmed.
Court: Pennsylvania Superior Court, Judge: Panella, Filed On: November 14, 2023, Case #: J-S18007-23, Categories: Criminal Procedure, Sentencing, Harassment
J. Stabile finds that the lower court properly sustained the preliminary objections of a methadone clinic that gave a driver a larger-than-normal dose of methadone prior to his hitting a runner, who suffered fatal injuries. Given the lack of foreseeability of the runner’s death, his estate failed to state a claim against the clinic for public endangerment. Affirmed.
Court: Pennsylvania Superior Court, Judge: Stabile, Filed On: November 14, 2023, Case #: J-A11004-23, Categories: Civil Procedure, Negligence, Wrongful Death
J. Curiel denies San Diego County's motion in limine in litigation concerning the termination of a chief medical officer during a Hepatitis outbreak. The county is not entitled to investigate the chief medical officer's mental health state during the outbreak and his eventual response to Covid-19. Also, the county's motion to preclude comments on whether its conduct in terminating the chief medical officer was "fair" is overly broad and premature.
Court: USDC Southern District of California, Judge: Curiel, Filed On: November 14, 2023, Case #: 3:21cv1575, NOS: Family and Medical Leave Act - Labor, Categories: Employment, Discovery
J. Welch finds the Worker's Compensation Court properly found the worker sustained a recurrence of a work-related injury occurring during his employment with Walmart, finding Walmart is responsible for medical expenses even though the worker is no longer employed there. Though Walmart agreed to pay for future medical expenses, it did not pay for expenses previous to the recurrence and ample medical evidence was presented as to causation. Affirmed.
Court: Nebraska Court Of Appeals, Judge: Welch , Filed On: November 14, 2023, Case #: A-23-021, Categories: Tort, Workers' Compensation