73 results for 'filedAt:"2023-11-27"'.
J. Leeson grants in part a company’s motion to dismiss an employee’s complaint that he was fired in retaliation for reporting that the company allowed its officers to access customers’ protected health information while outside of the United States, fraudulently classified its employees as Allentown residents to qualify for a tax credit, and laid off employees in violation of the Worker Adjustment and Retraining Notification (WARN) Act. The employee failed to state a claim under the False Claims Act.
Court: USDC Eastern District of Pennsylvania, Judge: Leeson, Filed On: November 27, 2023, Case #: 5:23cv2166, NOS: False Claims Act - Torts - Personal Injury, Categories: False Claims, Whistleblowers, Employment Retaliation
J. Wolfe finds that the trial court erred in awarding the father shared custody of the child after it proceeded with the custody hearing despite the mother's absence. The mother is entitled to a new trial so that allegations of abuse by the father can be considered as it relates to an "informed decision" regarding the best interest of the child. Reversed.
Court: Louisiana Court Of Appeal, Judge: Wolfe, Filed On: November 27, 2023, Case #: 2023CU0089, Categories: Civil Procedure, Family Law
J. Sammartino rules that an implant patient may pursue most of her claims against an implant manufacturer stemming from a SurgiMend device, used during a ventral hernia repair, that allegedly malfunctioned and caused her to suffer from a bowel injury and severe pain. The patient sufficiently alleges that the manufacturer knew from internal testing and investigations that the product creates a high risk of bowel injury and failed to warn her doctor of these risks.
Court: USDC Southern District of California, Judge: Sammartino, Filed On: November 27, 2023, Case #: 3:22cv604, NOS: Personal Injury - Product Liability - Torts - Personal Injury, Categories: Negligence, Product Liability, Warranty
Per curiam, the circuit finds the trial court properly convicted defendant for fraud and money laundering. Defendant and his partner recruited 46 wealthy immigrants to invest $500,000 each in a fraudulent job creation entity through the government's EB-5 program, which provides wealthy immigrants a path to permanent residency. The investors were denied permanent green cards due to the lack of job creation arising from their investments, and no evidence shows jobs were ever created by defendant. Though Customs and Immigration signed off on defendant's program, this is not an affirmative misrepresentation and the defense of entrapment by estoppel does not apply. Affirmed.
Court: 5th Circuit, Judge: Per curiam, Filed On: November 27, 2023, Case #: 21-30359, Categories: Fraud, Money Laundering
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J. Wilder-Doomes grants a request by the owners of a paper mill, ordering a 20-year military veteran to complete the requested authorization to obtain his service medical records. The veteran was discharged with a 90 percent disability, which would have preexisted any physical or mental injuries he allegedly suffered as a contractor’s employee during an explosion at the plant in 2017. The military medical records are relevant, as the former employee claims to have suffered post-traumatic stress disorder from the paper mill blast.
Court: USDC Middle District of Louisiana, Judge: Wilder-Doomes, Filed On: November 27, 2023, Case #: 3:18cv613, NOS: Other Personal Injury - Torts - Personal Injury, Categories: Health Care, Damages, Military
J. Menashi finds that the district court improperly found for state prison guards in claims contending they violated an inmate's right to freely exercise his religion because the inmate did not have to demonstrate that his observance of the Jewish holiday of Shavuot had been substantially burdened to overcome summary judgment. However, the court properly entered favorable rulings for guards who lacked personal involvement in the matter.
Court: 2nd Circuit, Judge: Menashi, Filed On: November 27, 2023, Case #: 22-764, Categories: Prisoners' Rights
J. Drell denies summary judgment to two officers on their argument that excessive force claims by a wanted suspect, subdued after a foot chase and taser deployment, should be dismissed since his own deposition testimony establishes he did not suffer physical injury. The authorities fail to address, much less dispute, the allegations of psychological injury from his arrest including paranoia when he sees police, trouble sleeping and an ability to enjoy time with his children.
Court: USDC Western District of Louisiana , Judge: Drell, Filed On: November 27, 2023, Case #: 1:20cv36, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Due Process, Police Misconduct
J. Piersol denies a motion for preliminary injunction and a motion for temporary restraining order after a company alleged a competitor conducted a "mass raid" on the company with the intention of influencing employees to leave the company and to work for the competitor. The company did not present sufficient evidence for the court to hold that the competitor "went too far by soliciting employees."
Court: USDC South Dakota, Judge: Piersol, Filed On: November 27, 2023, Case #: 4:23cv4104, NOS: Other Contract - Contract, Categories: Employment
J. Guerrero holds that the trial court rightly held that defendant, seeking relief under changes to murder accomplice liability law, was bound by the jury's gang-murder special circumstance finding that he had intended to kill. The trial court properly gave the finding a preclusive effect when assessing defendant's petition, and it correctly required him to state a prima facie case for relief. But the trial court must hold an evidentiary hearing since his intent to kill did not establish his knowledge of the actual shooter's intent to kill as necessary for aider and abettor murder liability.
Court: California Supreme Court, Judge: Guerrero, Filed On: November 27, 2023, Case #: S272238, Categories: Murder, Sentencing, Gangs
J. Dever grants the natural guardians of a disabled minor child their motion for partial summary judgment against a school board after the child’s educational assistant was convicted for assaulting her. The assistant, who was hired to support the non-verbal child with all tasks, reportedly beat her behind the cafeteria with a metal serving spoon so severely that the spoon bent. The board made several defenses including statute of limitations and immunity. Under the federal civil rights code the guardians invoke, the board is able to be sued just like a municipality and can therefore not use an immunity defense. Also, the guardians brought this litigation well within the statute of limitations and are thus allowed to proceed.
Court: USDC Eastern District of North Carolina, Judge: Dever, Filed On: November 27, 2023, Case #: 5:23cv243, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Education, Tort
[Consolidated.] J. Horan grants a motion to transfer consolidated negligence, invasion of privacy and related claims to the Central District of California. There is a related suit pending in the first-filed court, and the two cases substantially overlap.
Court: USDC Northern District of Texas , Judge: Horan, Filed On: November 27, 2023, Case #: 3:23cv744, NOS: Other Contract - Contract, Categories: Privacy, Venue, Contract
J. Herrera grants the general contractor's motion to dismiss, ruling no evidence in the complaint links it to the supervisor who refused to allow the disabled employee of the subcontractor to bring his service animal on the jobsite. Therefore, it cannot be held liable for the subcontractor's decision to fire the employee. Additionally, there is no evidence the general contractor knew of any contractual relationship between the employee and the subcontractor, and so the interference with a contract claim fails, as well.
Court: USDC New Mexico, Judge: Herrera, Filed On: November 27, 2023, Case #: 1:21cv543, NOS: Employment - Civil Rights, Categories: Employment, Interference With Contract
J. Liman partially grants the former employee's motion to dismiss her former employer's trademark infringement claims stemming from the employee's use of the name "The Sanctuary" for a luxury yoga studio in New York and for affiliating herself with her former employment at The Surf Lodge, a luxury hotel. The trademark infringement claims lack merit, but the employer may pursue claims under the Anti-Cybersquatting Consumer Protection Act for the employee's creation of an Instagram account @TheSurfLodgeSanctuary.
Court: USDC Southern District of New York, Judge: Liman, Filed On: November 27, 2023, Case #: 1:23cv2051, NOS: Trademark - Property Rights, Categories: Trademark, Technology
J. Torresen grants summary judgment in favor of a city and its firefighter who were involved in an unsuccessful rescue attempt where a man, who was off his medication and had assaulted his girlfriend and a bystander, stripped and ran into a body of water and eventually died of hypothermia or drowning. It is too speculative to claim that the firefighter’s statement to the man who drowned, that the firefighter would “kick his ass” if he came out of the water, caused the man to stay in the water long enough to die of hypothermia or drowning.
Court: USDC Maine, Judge: Torresen, Filed On: November 27, 2023, Case #: 2:21cv267, NOS: Other Civil Rights - Civil Rights, Categories: Negligence, Due Process, Wrongful Death
J. Connolly refers lawyers representing several shell entities tied to patent monetization firm IP Edge to state bar regulators to investigate conduct related to dozens of patent infringement complaints filed in several federal districts on behalf of the de facto patent owners. Also, attorneys working for IP Edge are referred to the Texas Supreme Court for allegedly practicing law without authorization.
Court: USDC Delaware, Judge: Connolly, Filed On: November 27, 2023, Case #: 1:21cv1247, NOS: Patent - Property Rights, Categories: Patent, Sanctions
J. Durkin mostly grants a group of bike manufacturers’ motions to dismiss a product liability suit. A consumer brought the suit after her bike’s front wheel fell off as she was riding, causing her to fall and sustain injuries to her hands, head and wrists. The court finds it lacks jurisdiction over several of the companies involved in the bike’s manufacture, and dismisses the claims against them pending an amended complaint from the consumer which addresses jurisdiction specifically.
Court: USDC Northern District of Illinois, Judge: Durkin, Filed On: November 27, 2023, Case #: 1:23cv1328, NOS: Other Personal Injury - Torts - Personal Injury, Categories: Consumer Law, Product Liability, Jurisdiction
J. Albregts grants the distributor's motion to stay discovery. The electroplating company claiming trademark infringement was purchased by various entities through receivership and the parties dispute whether the company's trademarked name could be used for other purposes after the distributor changed the company name. The distributor has demonstrated good cause to stay discovery since the case is related to other, pending litigation that may alter the scope of the discovery at issue.
Court: USDC Nevada, Judge: Albregts , Filed On: November 27, 2023, Case #: 2:23cv647, NOS: Trademark - Property Rights, Categories: Trademark, Discovery
J. Hsu grants an employer's motion to dismiss an employee's allegations of disability discrimination and wrongful termination. The employee suffered a ruptured brain aneurysm and had surgery and was hospitalized. She alleges that she returned to work but continued to suffer symptoms, and after requesting medical leave, she was fired. The employee has not shown that she is “a qualified individual eligible for FEHA’s protections" as she has not shown that she was able to perform her essential duties with or without reasonable accommodations. The employee is granted leave to amend.
Court: USDC Central District of California, Judge: Hsu, Filed On: November 27, 2023, Case #: 2:23cv5906, NOS: Employment - Civil Rights, Categories: Employment, Employment Discrimination