110 results for 'filedAt:"2024-01-02"'.
J. Tunheim denies the retailer's motion to certify two questions for interlocutory appeal in the state's action alleging that it knowingly sold firearms to straw purchasers. While the appeals concern questions of pure law, those questions are not controlling and the retailer has established no substantial ground for a difference of opinion for any of the issues except whether a negligent entrustment claim is preempted by federal law. The resolution of the questions would therefore not materially advance the termination of litigation.
Court: USDC Minnesota, Judge: Tunheim, Filed On: January 2, 2024, Case #: 0:22cv2694, NOS: Other Personal Injury - Torts - Personal Injury, Categories: Preemption, Firearms
J. Copeland finds for the commissioner of internal revenue in this tax liability dispute because the couple failed to report all income on their return.
Court: U.S. Tax Court, Judge: Copeland, Filed On: January 2, 2024, Case #: 2023-155, Categories: Tax
J. Engelhardt finds the district court properly enjoined the Department of Health and Human Services' guidance on the Emergency Medical Treatment and Active Labor Act, allegedly requiring providers to perform elective abortions. Texas alleges the guidance mandates elective abortions in excess of the department's authority and contrary to state law. The injunction is not overbroad, and the Act does not mandate abortion care. Affirmed.
Court: 5th Circuit, Judge: Engelhardt , Filed On: January 2, 2024, Case #: 23-10246, Categories: Health Care, Agency, Injunction
Want access to unlimited case records and advanced research tools? Create your free CasePortal account now. No credit card required to register.
Try CasePortal for Free
[Amended.] J. Silva grants the Las Vegas Sands' motion to dismiss this putative securities class action. Though the trust sufficiently alleges the Sands made a material misrepresentation when certifying the company’s financial conditions had been disclosed, the loss causation allegations are deficient. The trust fails to allege the stock drops are plausibly the result of the disclosed fraud.
Court: USDC Nevada, Judge: Silva, Filed On: January 2, 2024, Case #: 2:20cv1958, NOS: Securities/Commodities/Exchange - Other Suits, Categories: Fraud, Securities
J. Garnett grants final approval of a $750,000 settlement that will end a class action accusing 99 Cents Only Stores and its retirement plan of exhibiting “lack of skill, flawed processes and imprudent decisions" that reduced the account balances and diminished the returns on the employee participants' 401(k) investments. Although the settlement only represents 25% of the total potential damages to be sought at trial, the participants estimated only a 50% chance of success as to their claims, so the settlement amount is reasonable.
Court: USDC Central District of California, Judge: Garnett, Filed On: January 2, 2024, Case #: 2:22cv1966, NOS: Employee Retirement Income Security Act (ERISA) - Labor, Categories: Erisa, Settlements, Class Action
J. Seibel grants the company's motion to dismiss a consumer fraud class action alleging that its Tide laundry detergent, including Tide 2.72 liter liquid detergent, falsely claims to clean 64 loads of laundry. The term "load" is ambiguous, as consumers might have widely varying conceptions of the size of a load. Further, the produce clarifies this statement on the back of the bottle as meaning 64 "medium" loads. A reasonable consumer would therefore not believe the produce contained enough detergent for 64 full loads of laundry.
Court: USDC Southern District of New York, Judge: Seibel, Filed On: January 2, 2024, Case #: 7:22cv10025, NOS: Other Fraud - Torts - Personal Property, Categories: Fraud, Consumer Law, Class Action
J. Williams declines to withdraw references to an adversary proceeding currently pending in bankruptcy court in which a jury trial is being sought on fraudulent transfer claims connected with the FTX Group and Samuel Bankman-Fried. The current bankruptcy proceeding is at the early stages of litigation, and the matter may not even proceed to trial. Meanwhile, the "Pruitt" factors do not support withdrawal at this time.
Court: USDC Delaware, Judge: Williams, Filed On: January 2, 2024, Case #: 1:23cv915, NOS: Bankruptcy Withdrawal 28 USC 157 - Bankruptcy, Categories: Bankruptcy, Civil Procedure
Per curiam, the circuit finds that the district court properly granted U.S. Transportation Secretary Pete Buttigieg dismissal of retaliation claims brought by a former employee of the Federal Aviation Administration because the employee failed to establish he had been dismissed for retaliation in light of his admission that he had recorded meetings and conversations in violation of agency policy. Affirmed.
Court: 2nd Circuit, Judge: Per curiam, Filed On: January 2, 2024, Case #: 23-162, Categories: Employment Retaliation
J. Gabbert finds that the lower court improperly denied the Grand Lodge's motion to intervene. The Grand Lodge's interests could not be properly defended by a subordinate lodge, as the subordinate is not a legal entity without any right to control or own the disputed property. Reversed.
Court: Missouri Court Of Appeals, Judge: Gabbert, Filed On: January 2, 2024, Case #: WD85658, Categories: Civil Procedure, Property
J. Molberg finds that the lower court improperly entered a certain declaration in this dispute involving a retaining wall and the parties' responsibilities "regarding the wall's repair and maintenance." Specifically, the lower court erred in granting judgment on the property owners' fifth requested declaration, as it "constitutes an advisory opinion." The homeowners association had not allocated the retaining wall to the property owners' lots "as a limited common area." Vacated in part.
Court: Texas Courts of Appeals, Judge: Molberg, Filed On: January 2, 2024, Case #: 05-22-00198-CV, Categories: Civil Procedure, Real Estate
J. Choudhury, ruling on a motion for reconsideration, finds the court did not err when it denied a rare coin and precious metals supplier’s motion for a temporary restraining order that sought to prohibit a competitor from soliciting its customers. The supplier fails to argue the competitor’s actions could not simply be compensable by money damages as established by legal precedent or that the competitor had obtained its customers’ information solely from its master customer list, not from other sources.
Court: USDC Eastern District of New York, Judge: Choudhury, Filed On: January 2, 2024, Case #: 2:23cv6529, NOS: Defend Trade Secrets Act of 2016 (DTSA) - Property Rights, Categories: Trade Secrets, Restraining Order
J. Sands denies the siblings' motion to compel deposition testimony in a civil rights action against the police officers arising after a warrantless search of the siblings' home during which they allegedly suffered physical and emotional injuries. The siblings seek disclosure of an unidentified witness's name and contact information. The officers have an interest in not disclosing the identity of the witness, who provided the officers with a tip about an unusual amount of activity in and out of the siblings' home, in light of the brother's own testimony about his violent history. Any testimony the witness could provide would be duplicative of the information already provided by the officer.
Court: USDC Middle District of Georgia, Judge: Sands, Filed On: January 2, 2024, Case #: 7:22cv66, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Discovery
J. Webster denies two voting rights organizations their motion for summary judgment after the state board of elections passed a bill upholding an old statute that the organizations say is racist. They argue that the statute violates equal protection rights because it was initially written in 1877 to be racially discriminatory toward the voting populace and that since then, the statute’s discrimination has not fundamentally changed. They argue that this law continues to disproportionately effect Black voters and that it also violates due process. A bill from 2023 altered the statute to include a scienter requirement, meaning only people charged with felonies who vote knowing they have violated the statute can be prosecuted, but the organizations say this does little to change their stance. However, because anyone who votes inappropriately but doesn’t know that they have done so will not be considered to have broken the voting law, the organizations’ motion for summary judgment is denied as moot.
Court: USDC Middle District of North Carolina, Judge: Webster, Filed On: January 2, 2024, Case #: 1:20cv876, NOS: Voting - Civil Rights, Categories: Elections, Government, Prisoners' Rights
J. Rochon partially grants the Amazon sellers' motion to dismiss copyright claims stemming from their sale of products that infringe on the company's patented design for an outdoor hanging exercise product. Several sellers did not literally infringe on the company's patent and were wrongfully enjoined from selling their competing product on Amazon and are entitled to recover a combined $18,000 in lost profits.
Court: USDC Southern District of New York, Judge: Rochon, Filed On: January 2, 2024, Case #: 1:23cv2605, NOS: Patent - Property Rights, Categories: Copyright
Per curiam, the circuit finds that the court of federal claims properly ruled in this bid protest for a contract to include afterburner liner replacement services as part of a larger contract with the Navy because plaintiff failed to demonstrate bundling regulations had been violated.
Court: Federal Circuit, Judge: Per curiam, Filed On: January 2, 2024, Case #: 2022-1766, Categories: Contract
J. Arterburn finds the county court properly declined to approve the personal representative deeds in an estate dispute. The deeds were applied for by the representative and son of the decedent contemporaneously with the recording of joint tenancy warranty deeds and would have distributed property differently from the decedent's will. The record indicates there are various execution dates of the deeds, uncertain sets of terms, erroneous legal descriptions, the possible misnaming of grantors or grantees, and undue influence. Affirmed.
Court: Nebraska Court Of Appeals, Judge: Arterburn, Filed On: January 2, 2024, Case #: A-22-920, Categories: Evidence, Wills / Probate, Due Process
J. Pirtle finds the county court properly dismissed the father's complaint to modify child support. The amounts at issue are arrearages and interest, and payments become a vested right of the payee as they accrue. While a past-due arrearage is already accrued and vested, a future payment is not, and the court may, therefore, modify the amount due in the future, but cannot forgive or modify those past-due. Affirmed.
Court: Nebraska Court Of Appeals, Judge: Pirtle , Filed On: January 2, 2024, Case #: A-23-135, Categories: Family Law, Guardianship
J. McFadden finds that the trial court properly convicted defendant of possession of a controlled substance and correctly denied defendant's motion to suppress evidence of drugs discovered in his shared bedroom. A probation officer for the individual with whom defendant shared the bedroom conducted the warrantless search because the individual recently tested positive for methamphetamine and had given an incorrect home address. Defendant did not expressly refuse consent for the search. Defendant failed to show that he was prejudiced by his trial counsel's failure to pursue the motion to suppress. Affirmed.
Court: Georgia Court of Appeals, Judge: McFadden, Filed On: January 2, 2024, Case #: A23A1421, Categories: Drug Offender, Ineffective Assistance, Search