123 results for 'filedAt:"2023-12-08"'.
Per curiam, the circuit finds the district court properly dismissed the retaliation and hostile work environment claims filed by the former employee. The parties had previously entered into a binding settlement agreement via email, under which the employee agreed to dismiss all claims in all cases in exchange for the employer’s agreement to forego attorneys’ fees in all actions.
Court: 5th Circuit, Judge: Per curiam, Filed On: December 8, 2023, Case #: 21-20628, Categories: Settlements, Attorney Fees, Employment Retaliation
J. Ho grants the former Kuwaiti attache's motion to dismiss trafficking claims but denies his wife's motion to dismiss the same claims based on their employment of a housekeeper. The Hague Convention does not apply in this case because the attache's address is unknown and the housekeeper exercised reasonable diligence in searching for his and his wife's physical addresses. The housekeeper's proposed alternative service, namely service by personal email, Facebook, text, and WhatsApp comply with due process.
Court: USDC Southern District of New York, Judge: Ho, Filed On: December 8, 2023, Case #: 1:23cv321, NOS: Other Labor Litigation - Labor, Categories: Civil Procedure, Civil Rights, Due Process
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J. Brailsford grants a ranch owner's motion for summary judgment in a property purchase dispute with a neighbor. The seller-neighbor violated the 60-day agreed upon timeframe for the ranch owner to consider meeting another buyer's offer on the neighboring property. When the ranch owner notified the neighbor of his intent to meet the other buyer's offer, "an enforceable contract arose between" them.
Court: USDC Idaho, Judge: Brailsford, Filed On: December 8, 2023, Case #: 3:22cv216, NOS: All Other Real Property - Real Property, Categories: Real Estate, Contract
J. Wilson finds a lower court properly sentenced a defendant to life in prison for first- degree felony murder and aggravated assault on a police officer. The defendant argued that he was not able to stand trial based on his psychiatric ailments. However, the government presented sufficient evidence in court that an expert found him competent, despite his unpredictable behavior. Affirmed.
Court: Kansas Supreme Court, Judge: Wilson, Filed On: December 8, 2023, Case #: 125,254, Categories: Evidence, Murder, Sentencing
J. Lorenz declines to issue a preliminary injunction to halt a state law prohibiting federally licensed firearms dealers from selling a firearm to a person under 21 years of age with certain exceptions for those who have received proper training. The purpose of the law is public safety, as the government has cited evidence that the 18-to-20-year age group targeted by the law has been identified as disproportionately prone to violence, including gun violence, compared to older age groups.
Court: USDC Southern District of California, Judge: Lorenz, Filed On: December 8, 2023, Case #: 3:19cv1226, NOS: Constitutionality of State Statutes - Other Suits, Categories: Constitution, Firearms, Injunction
J. Seitz finds that that the limiting phrase "prior or subsequent convictions" does not include out-of-state convictions as relating to expungement of certain criminal records in the state's Adult Expungement Reform and Clean Slate Acts.
Court: Delaware Supreme Court, Judge: Seitz, Filed On: December 8, 2023, Case #: 1, 2023, Categories: Sentencing
J. Cates finds that the lower court properly found defendant's continued pretrial detention necessary under the Safety, Accountability, Fairness and Equity Today Act. Defendant was charged with sexual assault, and the court reasonably found he poses a real and present threat to the victim, other minors, and the community. Affirmed.
Court: Illinois Appellate Court, Judge: Cates, Filed On: December 8, 2023, Case #: 230881, Categories: Sex Offender, Bail
J. Hurd dismisses a putative class action consumer fraud and false advertising lawsuit against Tom’s of Maine, finding the claims fail to allege a reasonable consumer would be led to believe, based on its packaging, that its antiplaque and whitening toothpaste product helps prevent periodontal diseases like gingivitis.
Court: USDC Northern District of New York, Judge: Hurd, Filed On: December 8, 2023, Case #: 6:23cv110, NOS: Other Fraud - Torts - Personal Property, Categories: Consumer Law, Class Action, False Advertising
J. Joseph grants summary judgment to a marine construction company on its argument its litigant-employee was not a seaman when a 70-pound shackle fell on his left foot while he was working on a docked barge and, therefore, he is not entitled to a seaman’s medical care and benefits. None of the work performed by the employee, a carpenter, was of a seagoing nature or subjected him to the “perils of the sea.” After he finished his work at the dock, he was not going to sail with any vessel, as required of an actual seaman under the Jones Act.
Court: USDC Western District of Louisiana , Judge: Joseph, Filed On: December 8, 2023, Case #: 6:22cv5535, NOS: Marine - Contract, Categories: Maritime, Tort, Workers' Compensation
J. Wu dismisses Playvuu's claims that the SnapChat app infringes on its patent. Playvuu's claimed method "for generating and sharing content is abstract because it describes using technology to automate a series of tasks by presenting information to a user and processing that information," which is patent ineligible. Playvuu has not pointed to any non-abstract features of the claimed method that would "present an avenue for a possible fact question concerning unconventionality."
Court: USDC Central District of California, Judge: Wu, Filed On: December 8, 2023, Case #: 2:22cv6019, NOS: Patent - Property Rights, Categories: Patent
J. Rodriguez dismisses for lack of jurisdiction a lawsuit brought by a payment-processing company against former executives seeking to protect trade secrets. While the company has argued that the employees are now working elsewhere in the country and that a federal court should have jurisdiction for that reason, the disputes in this case center around “unilateral activities performed ... in Texas.”
Court: USDC Western District of Texas , Judge: Rodriguez, Filed On: December 8, 2023, Case #: 5:23cv840, NOS: Other Contract - Contract, Categories: Jurisdiction, Contract
J. Quattlebaum finds the lower court properly ordered the internet provider to pay rent for the utility duct. The internet provider rented the duct and could not come to terms with the railroad company over a lease renewal. They submitted the dispute to three appraisers, who decided the rent by a two-to-one vote in the railroad company's favor. The arbitration agreement requires the internet provider to pay the amount set by the appraiser, even if the vote wasn't unanimous. Affirmed.
Court: 4th Circuit, Judge: Quattlebaum, Filed On: December 8, 2023, Case #: 22-1554, Categories: Arbitration, Transportation, Contract
J. Marutollo allows a medications distributor to conduct additional discovery into a purported counterfeit medications scheme, which was the basis for a separate federal action filed by the suing pharmaceutical company in the Southern District of Florida. The distributor is being sued by the pharma firm under trademark law for allegedly participating in a counterfeit HIV medication scheme involving various other entities. The court finds the answer to whether or not the counterfeit supplies in this case are the same supplies at issue in the Florida case is critical to the distributor’s defense.
Court: USDC Eastern District of New York, Judge: Marutollo, Filed On: December 8, 2023, Case #: 1:21cv4106, NOS: Trademark - Property Rights, Categories: Trademark, Discovery
J. Parker finds the circuit court properly ruled that they could reasonably infer that defendant illegally possessed a handgun even though it was not directly found on him, but instead in a laundry basket, with a matching ammunition magazine in his pant pockets. There was sufficient evidence to support the conviction. Affirmed.
Court: Alabama Supreme Court, Judge: Parker, Filed On: December 8, 2023, Case #: SC-2023-0020, Categories: Evidence, Firearms
J. Dever grants the federal government’s motion to dismiss counterclaims brought by a doctor accused of committing medical billing fraud. In previous litigation, the parties agreed to a consent judgment that stipulates the doctor will pay back $5.5 million from his fraudulent activities. Presently, the doctor countersues the governments, claiming that he and his wife have not failed to disclose assets or income and that the consent judgment should be stricken and nullified. The doctor’s argument that the federal government did not timely file its claims is incorrect, and the government is correct in its argument that the previous litigation is sound and final under res judicata.
Court: USDC Eastern District of North Carolina, Judge: Dever, Filed On: December 8, 2023, Case #: 5:22cv140, NOS: All Other Real Property - Real Property, Categories: Fraud, Government, Health Care
[Consolidated.] Per curiam, the circuit finds that the district court properly barred enforcement of certain aspects of New York's amended concealed-carry laws. The laws violated the first and second amendment by requiring applicants to provide a list of current and past social media accounts and to avoid private property that remains open to the public without boasting signs specifically granting concealed-carry access. Meanwhile, religious rights were violated by barring a pastor and his congregants from bringing weapons to their church for self-defense purposes. However, injunctions granted against other amendments should be vacated for lack of jurisdiction or constitutional violations. Affirmed in part.
Court: 2nd Circuit, Judge: Per curiam, Filed On: December 8, 2023, Case #: 22-2908 (L), Categories: Constitution, Licensing, Firearms
J. Gilbert holds that the trial court must recall its reduction of defendant's sentence to eight years and reinstate his original 25-years-to-life three strikes term. The Three Strikes Reform Act only allows resentencing of those who, unlike defendant, are found not to be a danger to the public.
Court: California Courts Of Appeal, Judge: Gilbert, Filed On: December 8, 2023, Case #: B329457, Categories: Sentencing
J. Mize finds the trial court improperly granted a doctor’s motion of stay and compel arbitration in this wrongful death and medical malpractice suit brought by the parents of a professional baseball player for the Minnesota Twins’ Florida-based minor league team. Their son died from Wolff-Parkinson-White syndrome after he was cleared to continue participation, even though his EKG showed abnormalities. The court holds the parents’ claims were not subject to arbitration and the case is remanded back to the trial court for further proceedings. Reversed.
Court: Florida Courts Of Appeal, Judge: Mize, Filed On: December 8, 2023, Case #: 6D23-985, Categories: Arbitration, Wrongful Death, Medical Malpractice
J. Lin dismisses the five individual defendants from the employee's complaint that the backpacking company withheld her wages when a banking error caused her $6,300 contribution and the backpacking company's $600 contribution to her HSA account to be posted after the 2017 contribution deadline. The dismissed parties are not liable for the employee's claims, because she cites no evidence beyond her own word that there was an employment or HSA contract between them, and she does not identify a breach of that contract.
Court: USDC Western District of Washington, Judge: Lin, Filed On: December 8, 2023, Case #: 2:20cv1633, NOS: Employee Retirement Income Security Act (ERISA) - Labor, Categories: Erisa, Contract