111 results for 'filedAt:"2023-12-05"'.
J. Kindred denies a renewed and amended motion for class certification in a fraud suit against LuLaRoe, a clothing multi-level marketing company. A consumer alleges that the company systematically charged consumers in Alaska a sales tax that they did not owe. "The individualized question of standing predominates over the common questions of law and fact...rendering class certification impracticable."
Court: USDC Alaska, Judge: Kindred, Filed On: December 5, 2023, Case #: 3:18cv197, NOS: Other Fraud - Torts - Personal Property, Categories: Fraud, Class Action
J. Ellison grants, in part, a company's motion to dismiss a business owner's trade secrets claims related to novel hydrogen liquefaction technology. The business owner's tortious interference, unfair competition, breach of fiduciary duty and conspiracy claims are preempted by the Texas Uniform
Trade Secrets Act.
Court: USDC Southern District of Texas, Judge: Ellison, Filed On: December 5, 2023, Case #: 4:23cv1615 , NOS: Defend Trade Secrets Act of 2016 (DTSA) - Property Rights, Categories: Trade Secrets, Unfair Competition, Technology
J. Higginbotham finds the trial court improperly enhanced defendant's sentence under the Armed Career Criminal Act on his conviction for being a felon in possession of a firearm. Because defendant was convicted under the Texas statute for causing serious bodily injury, absent proof he used physical force, his prior offenses are not crimes of violence for purposes of the act. Furthermore, burglary of a habitation also no longer qualifies as a violent felony in Texas. Vacated.
Court: 5th Circuit, Judge: Higginbotham , Filed On: December 5, 2023, Case #: 19-40811, Categories: Firearms, Sentencing, Assault
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J. Wise finds that the trial court properly ruled in favor of the subsequent property owner in a dispute over an agreement that allowed a company to market and sell internet and other services to apartment residents. The company failed to give evidence that the subsequent owner assumed the obligations of the agreement. Affirmed.
Court: Texas Courts of Appeals, Judge: Wise, Filed On: December 5, 2023, Case #: 14-22-00774-CV, Categories: Property, Contract
Per curiam. The appeals court finds a lower court improperly ruled that an insurance company was financially obligated to cover costs of a bridge collapse. A construction company argued that the insurance company agreed to split the costs of damages with its professional- liability insurer. However, the insurance company sufficiently showed in court that the company's coverage excluded accidents in connection to "construction management" and "professional liability." Reversed.
Court: 8th Circuit, Judge: Per curiam, Filed On: December 5, 2023, Case #: 22-3301, Categories: Construction, Insurance, Contract
J. Joseph grants a request by the city of Shreveport, dismissing all federal civil rights claims by the adult children of a 72-year-old detainee who died 17 days after being beaten in the local jail by an arrestee with a history of violence. While prison officials have a constitutional duty to protect inmates from violence at the hands of other prisoners, the decedent’s children fail to allege sufficient facts that local police and jailers acted in accord with a city policy, practice, or custom that resulted in their father’s death.
Court: USDC Western District of Louisiana , Judge: Joseph, Filed On: December 5, 2023, Case #: 5:23cv689, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Constitution, Police Misconduct
J. Moore finds the lower court properly dismissed the professor's due process claims against university officials who revoked his emeritus status following allegations of sexual harassment. The status was merely honorific and conferred no financial or tangible benefits that would establish a constitutionally protected property interest. Although the loss of the emeritus title may have injured his reputation, the professor failed to request a name-clearing hearing required to pursue a due process claim for that type of property interest. Affirmed.
Court: 6th Circuit, Judge: Moore, Filed On: December 5, 2023, Case #: 23-3338, Categories: Education, Due Process
Per curiam, the circuit finds that the district court properly held that enhanced first amendment protections do not apply to infringement claims against "Wavy Baby" sneakers. The art collective behind the shoe contends the exaggerated wavy sole was a parody on Vans' "Old Skool" skateboard sneaker and a comment on consumerism, but recent precedent holds that protections do not apply when trade dress is used in a source-identifying manner that will confuse consumers. Affirmed.
Court: 2nd Circuit, Judge: Per curiam, Filed On: December 5, 2023, Case #: 22-1006, Categories: Trademark, First Amendment
J. Welch finds the district court properly affirmed the county court's denial of defendant's motion to suppress evidence during his DUI case. The arresting officer observed defendant's truck straddling lane dividers and swerving, along with defendant's throwing of cans from the vehicle. There was sufficient evidence justifying the stop, and the arrest is supported by evidence of probable cause. Affirmed.
Court: Nebraska Court Of Appeals, Judge: Welch , Filed On: December 5, 2023, Case #: A-22-885, Categories: Evidence, Dui
J. Moore finds the district court properly found the livestock caretaker breached his contract with the livestock owner. The caretaker failed to brand the cattle or report and prove death loss. He provided no evidence storms caused massive death loss or that he communicated those losses to the owners. The caretaker was also not entitled to file a Uniform Commercial Code financing statement to claim a lien because he had agreed to compensation by shares of calf crops. Affirmed.
Court: Nebraska Court Of Appeals, Judge: Moore , Filed On: December 5, 2023, Case #: A-22-957, Categories: Agriculture, Evidence, Contract
J. D'Agostino enters judgment in favor of YouGov on employment discrimination and retaliation claims brought by a senior talent acquisition partner who claims she was fired on the basis of her age, race and disability after she brought up concerns that the company’s hiring processes disfavored disabled and Black applicants. Nowhere in her amended complaint does she state her race or ethnicity or any disability that she suffers from, nor does she provide enough allegations to suggest her whistleblowing activities was the cause of her termination.
Court: USDC Northern District of New York, Judge: D’Agostino, Filed On: December 5, 2023, Case #: 1:23cv1104, NOS: Employment - Civil Rights, Categories: Ada / Rehabilitation Act, Employment Discrimination, Employment Retaliation
J. Gustafson finds that the district court improperly denied a father's motion to amend a parenting plan without holding a hearing. Most of the significant developmental and circumstantial changes that took place since the 10-year-old was a toddler were uncontested. Also, the district court should order a parenting evaluation to consider whether the father's request for unsupervised contact is in the child's best interest. Reversed.
Court: Montana Supreme Court, Judge: Gustafson, Filed On: December 5, 2023, Case #: DA 23-0108, Categories: Family Law
J. Baker finds that the district court erred in finding that the heirs to an intestate estate had agreed to distribute a 1978 Ford pickup truck to one of the four heirs. Any oral agreement is insufficient to show that a written agreement was executed as required by statute. Also, the estate's personal representative was not obligated to put any oral agreement into writing. Reversed.
Court: Montana Supreme Court, Judge: Baker, Filed On: December 5, 2023, Case #: DA 23-0156, Categories: Wills / Probate
J. Hardin-Tammons finds that the lower court improperly found for the homeowner's association on the couple's petition for breach of its subdivision restrictive covenant arguing that the association improperly denied their application to build a fence. The association failed to give proper notice of a hearing to address a violation under the rules of the restrictive covenant. Reversed.
Court: Missouri Court Of Appeals, Judge: Hardin-Tammons, Filed On: December 5, 2023, Case #: ED111564, Categories: Property
J. Stark finds the circuit court properly found in favor of the town in the homeowners' lawsuit seeking damages for flooding on their property they say was caused by the town's negligent repairs to a neighboring highway. The homeowners' claims are barred and preempted by the relevant statutes related to claims against municipalities over flooding caused by highway construction, in part because some of their claims, including for inverse condemnation, were untimely under one statute's three-year statute of limitations. The circuit court's summary judgment ruling in favor of the town stands, as does its dismissal of the homeowners' lawsuit with prejudice. Affirmed.
Court: Wisconsin Court of Appeals, Judge: Stark, Filed On: December 5, 2023, Case #: 2022AP001567, Categories: Municipal Law, Property, Damages
J. Baker finds that the district court properly revoked defendant's suspended sentence. He was not prejudiced by a six-day delay in bringing him before the district court for revocation proceedings because a previous appearance in justice court where he was informed of the revocation petition satisfied the prompt initial appearance requirement. Affirmed.
Court: Montana Supreme Court, Judge: Baker, Filed On: December 5, 2023, Case #: DA 22-0325, Categories: Sentencing, Sex Offender
J. Stevens finds that the lower court properly convicted defendant of sodomy. Multiple witnesses testified that the victim was extremely intoxicated, rendering her incapable of giving consent to having sex with defendant. Further, the trial court did not err in admitting defendant's statement that his wife wanted a divorce because he "had a Facebook girlfriend," as this does not qualify as character evidence and says nothing about his propensity to have sex with unconsenting women. Affirmed.
Court: Missouri Court Of Appeals, Judge: Stevens, Filed On: December 5, 2023, Case #: ED110967, Categories: Evidence, Sex Offender
J. Woods partially denies the aircraft engineering firm's motion to dismiss claims stemming from its failure to upgrade a private aircraft's internet and entertainment systems. The owner's breach of contract claims related to the eX1 system are untimely due to the parties' efforts to resolve the issues for 10 years. However, the contracted equipment upgrades are still enforceable.
Court: USDC Southern District of New York, Judge: Woods, Filed On: December 5, 2023, Case #: 1:20cv7472, NOS: Other Contract - Contract, Categories: Contract, Aviation
J. Gill finds the circuit court properly affirmed the administrative law judge's decision reversing the natural resources department's issuance of a wetland individual permit to the manufacturing company related to the construction of a new golf course that would require discharging dredged or fill material into more than three acres of wetlands. The relevant Wisconsin statutes require the department to consider the entire "proposed project" beyond just the effects on the specific impacted wetlands, which necessarily includes secondary impacts on wetland functional values such as the value of bird habitats and "scenic beauty," water quality and other net environmental impacts. There is also substantial evidence that the department did not have sufficient information to determine the overall adverse impacts of the project at the time it issued the permit, and it is also concluded that the administrative law judge did not require the department to make quantitative findings about secondary impacts of the project. Affirmed.
Court: Wisconsin Court of Appeals, Judge: Gill, Filed On: December 5, 2023, Case #: 2021AP001187, Categories: Administrative Law, Environment
J. Vaughan denies the social services organization's motion for leave to amend its answer with an affirmative defense of failure to mitigate regarding the chemical dependency nurse's complaint accusing it of firing her for reporting missing controlled substances and over- and under-medicating patients due to improper transcription of orders. The social services organization fails to support its argument that the nurse did not cooperate fully in the discovery process in regards to her post-termination activity.
Court: USDC Western District of Washington, Judge: Vaughan, Filed On: December 5, 2023, Case #: 3:22cv5509, NOS: Labor/Management Relations - Labor, Categories: Employment, Discovery
J. Fenn finds that the lower court properly upheld the tax assessments for a series of vacant lots in Converse County, Wyoming. The owner of the lots claims the lower court upheld the values without enough evidence, but the lower court complied with all the relevant statutes and regulations to properly assess them. There is no evidence on the record that supports that the assessments were upheld arbitrarily. Affirmed.
Court: Wyoming Supreme Court, Judge: Fenn, Filed On: December 5, 2023, Case #: S-23-0057, Categories: Tax