118 results for 'filedAt:"2024-01-05"'.
J. Liburdi grants a nutrition products company's motion for default judgment concerning trademark infringement claims against a dietary supplement seller concerning a "BLACKOUT" labeled sleep aid product. The nutrition company sufficiently showed in court that the supplement seller failed to respond to its claims, despite being properly served.
Court: USDC Arizona, Judge: Liburdi, Filed On: January 5, 2024, Case #: 2:23cv1188, NOS: Trademark - Property Rights, Categories: Trademark, Attorney Fees
J. Ericksen issues decisions on ten motions in limine in the patent claimant's suit alleging that competitors infringed on four patents related to artificial trees. One of the claimant's motions in limine is granted outright, and the competitors are precluded from presenting evidence or arguments regarding prior lawsuits. Two more are granted in part: the competitors may reference the existence and invalid status of eight underlying, unasserted independent claims, but should avoid discussing the proceedings that led to their dismissal and focus on how their invalidity impacts the obviousness analysis for remaining dependent claims, and while they may not introduce evidence specifically aimed at establishing inequitable conduct they may reference undisclosed prior art. They may also introduce evidence and testimony regarding their beliefs and independent investigation into infringement and validity issues, along with sales data for unaccused products. Four of the competitors' motions, meanwhile are denied, while one is partially granted. Deposition transcripts from those earlier proceedings are excluded, as are live testimony from a third-party witness and a license agreement which was disclosed several months after its execution. The competitor's motions are otherwise denied.
Court: USDC Minnesota, Judge: Ericksen, Filed On: January 5, 2024, Case #: 0:15cv3443, NOS: Patent - Property Rights, Categories: Patent, Discovery
J. James partly grants a machinery and supply company's motion for sanctions concerning a mining company's failure to produce discovery of state dealer protection regulations. The machinery and supply company sufficiently showed in court that the mining company may have wrongfully cancelled a service agreement without adequate notification.
Court: USDC Kansas, Judge: James, Filed On: January 5, 2024, Case #: 2:22cv2331, NOS: Franchise - Contract, Categories: Sanctions, Discovery, Contract
J. Kindred grants an employer's motion to dismiss an employee's allegations of discrimination following her termination from the Alaska State Trooper’s Training Academy. The employee alleges that training academy employees and training recruits "discriminated against her on the
basis of her race and sex, retaliated against her for reporting harassment, and conspired to interfere with her civil rights." One of the academy employees "is cloaked with Tribal sovereign immunity." The employee's claims against the state defendants are dismissed for failure to state a claim and lack of jurisdiction.
Court: USDC Alaska, Judge: Kindred, Filed On: January 5, 2024, Case #: 3:23cv29, NOS: Employment - Civil Rights, Categories: Employment, Employment Discrimination
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Per curiam, the circuit finds the district court properly denied the Louisiana Department of Corrections secretary's motion to dismiss this suit for overdetention. The inmate, convicted on drug charges, was transferred to a processing facility before his admission to another facility for inpatient treatment pending release. A department employee sent his release letter to the treatment facility, and the inmate was found at the transfer facility to be unfit for treatment due to a mental impairment. He was not transferred for treatment, and his release letter was never sent to the transfer facility. The secretary, due to several other instances of overdetention, has been warned of his failure to address the issue and is not eligible for qualified immunity. Affirmed.
Court: 5th Circuit, Judge: Per curiam, Filed On: January 5, 2024, Case #: 22-30180, Categories: Civil Rights, Immunity, Prisoners' Rights
J. LaRose finds that the trial court ruled properly in this insurance dispute over alleged sinkhole damage. There was sufficient evidence to support the jury verdict in favor of the insurance company after determining the home suffered no damage as a result of the sinkhole. Affirmed.
Court: Florida Courts Of Appeal, Judge: LaRose, Filed On: January 5, 2024, Case #: 2D22-495, Categories: Insurance, Contract
J. Oliver finds that the trial court's colloquy with defendant before he was allowed to represent himself on failure to stop, reckless driving and drug possession charges was inadequate to support a valid waiver of counsel. The record shows he did not recognize the nature of the charges and repeatedly stated his belief that he saw the trial solely as a way to tell his story. Vacated.
Court: Utah Court Of Appeals, Judge: Oliver, Filed On: January 5, 2024, Case #: 20220208-CA, Categories: Drug Offender, Self Representation
J. DiPentima finds testimony about the victim's injuries from the nurse who treated her was properly admitted by the trial court during defendant's assault trial. Defendant failed to object and the evidence was probative as to the serious nature of the injuries, a primary element of the assault offense. Meanwhile, two photos of the victim taken shortly after the assault were properly admitted by the court because they were used not only to show the serious nature of the injuries, but also the intent of defendant, another element of the offense. Affirmed.
Court: 6th Circuit, Judge: DiPentima, Filed On: January 5, 2024, Case #: AC45975, Categories: Evidence, Intent, Assault
[Consolidated.] J. Lagoa finds that the district court properly convicted defendant of sex trafficking of a minor and production of child porn. Substantial evidence shows that defendant was the victim's pimp, knew the victim was underage, intentionally had sex with a minor, and took a photo of the act with his phone. However, the district court improperly convicted defendant of witness tampering. Although defendant told his mother to convince the victim to recant, federal charges had not yet been filed against defendant when the victim made the statements. Affirmed in part.
Court: 11th Circuit, Judge: Lagoa, Filed On: January 5, 2024, Case #: 19-14969, Categories: Sex Offender, Witnesses, Human Trafficking
J. Stargel finds that the trial court erred ordering a son and daughter to share equally rental income received from their mother’s property after her death. The son was entitled to only one-third of the total rental income. The daughter moved into the residence and breached her fiduciary duty by not paying the trust rent. Therefore, the appeals court remands this case back to the trial court to modify the damages. The trial court did properly order the daughter to pay the trust $25,900 in rental income she received from her niece who lived in the guest home. Reversed in part. Affirmed in part.
Court: Florida Courts Of Appeal, Judge: Stargel, Filed On: January 5, 2024, Case #: 6D23-1505, Categories: Settlements, Trusts
J. DeGiusti grants the plaintiff company's motion to compel discovery from certain defendants in this lawsuit concerning "the sale of a small-town valve manufacturing company" and the non-solicitation provisions included in the asset purchase agreement. The defendants, which include a former employee and his new valve company, have a duty to supplement their responses.
Court: USDC Western District of Oklahoma , Judge: DeGiusti, Filed On: January 5, 2024, Case #: 5:21cv368, NOS: Defend Trade Secrets Act of 2016 (DTSA) - Property Rights, Categories: Trade Secrets, Discovery, Contract
J. Dein denies, in part, a city and officer's motion to dismiss civil rights claims filed by two people who were injured when the car the officer was pursuing struck their vehicle. They have sufficiently alleged a violation of their due process rights under the Fourteenth Amendment.
Court: USDC Massachusetts, Judge: Dein, Filed On: January 5, 2024, Case #: 1:23cv11117, NOS: Other Civil Rights - Civil Rights, Categories: Vehicle, Negligence, Police Misconduct
J. Hamilton finds that the lower court improperly excluded evidence that defendant, a felon, was found in possession of a firearm with a laser sight attached and that two key witnesses saw the sight activated when defendant brandished the weapon. The government's final proposal to have its witnesses describe the firearm only as having a "glowing red dot" without naming the laser sight should be sufficient to avoid unfair prejudice to the defendant, while maintaining the probative value of the evidence. Reversed.
Court: 7th Circuit, Judge: Hamilton, Filed On: January 5, 2024, Case #: 23-1264, Categories: Evidence, Firearms
J. Helmick denies, in part, the pizza chain operator's motion for summary judgment, ruling too many factual disputes exist regarding terms of its franchise agreement with the development company, including what qualifies as opening a restaurant, to determine at this stage whether the development company met its obligations under the agreement.
Court: USDC Northern District of Ohio, Judge: Helmick, Filed On: January 5, 2024, Case #: 3:20cv2024, NOS: Franchise - Contract, Categories: Evidence, Contract
J. Tucker finds the trial court properly qualified the ATF officer as an expert witness during defendant's trial on murder and gun charges. She has over a decade of experience in similar investigations and took a certified training course on muzzle-to-target distance, the topic she was specifically asked to address during trial. Furthermore, despite defendant's self-defense argument, his convictions are supported by sufficient evidence, including his conflicting stories to police and during trial, the lack of gunpowder residue on the victim, as well as the fact the shell casing was found 15 feet from the victim, which supported the state's theory he shot her from a distance. Affirmed.
Court: Ohio Court Of Appeals, Judge: Tucker, Filed On: January 5, 2024, Case #: 2024-Ohio-22, Categories: Firearms, Murder, Experts
J. Georges affirms a decision granting a town’s motion for summary judgment against some of the town’s residents who brought suit against the town to compel it to transfer municipal land to its conservation commission. However, the disputed land is designated for affordable housing and cannot be used for another purpose unless the town’s select board determines it isn’t needed for affordable housing.
Court: Massachusetts Supreme Court, Judge: Georges, Filed On: January 5, 2024, Case #: SJC-13410, Categories: Municipal Law, Zoning, Housing
J. Reiber finds the postconviction court erred by considering postconviction evidence when it determined if the criminal trial court would accept the man’s guilty plea. On remand, the lower court should consider available information that would have been considered to the criminal court and if it finds a probability exists a reoffer for plea deal can be determined. Reversed.
Court: Vermont Supreme Court, Judge: Reiber, Filed On: January 5, 2024, Case #: 23-AP-97, Categories: Plea
J. Funke finds the county board of equalization improperly upheld the district court's denial of the property developer's agricultural status application. The developer kept farming leases on the property after its purchase, pending development, in order to maintain the existing status. The board erroneously determined the property’s use after the official date for making the determination, while evidence does not show the property was not primarily used for agriculture before that date. Reversed.
Court: Nebraska Supreme Court, Judge: Funke , Filed On: January 5, 2024, Case #: S-22-888, Categories: Agriculture, Property, Zoning
J. Grasz finds a lower court properly sentenced a defendant to 420 months in prison for robbery after he stole travelers checks that were worth $30,000. The defendant argued that his conviction no longer qualified as an Armed Career Criminal Act offense and that the court was obligated to recalculate the length of his sentence. However, the government sufficiently showed in court that the defendant's certificate of appealability barred him from challenging the court's decision. Affirmed.
Court: 8th Circuit, Judge: Grasz, Filed On: January 5, 2024, Case #: 21-2218, Categories: Firearms, Robbery, Sentencing
J. Trauger partially denies the defendant law enforcement officer's dismissal motion in this lawsuit brought by two travelers alleging "an illegal search and seizure" at the Nashville airport. One of the travelers was allegedly instructed to open her suitcase, and the alleged facts show that she acquiesced to the officer's "show of authority" by opening the suitcase in the ride-share area of the airport, as opposed to voluntarily consenting to the search. Accordingly, the officer's motion is denied as to that traveler's Fourth Amendment claim stemming from the search.
Court: USDC Middle District of Tennessee , Judge: Trauger, Filed On: January 5, 2024, Case #: 3:23cv663, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Property, Transportation
J. Harris finds the lower court improperly calculated its sentencing guidelines range when sentencing the defendant to 80 years in prison. The defendant was involved in a large-scale conspiracy to transport and sell drugs – primarily methamphetamine, but also heroin, cocaine, and crack – across Ohio and West Virginia. Police seized nearly three kilograms of meth from another drug trafficker who bought from the same seller as the defendant and attributed the amount to the defendant when calculating his sentence despite no evidence of the defendant and that drug trafficker being connected. Vacated.
Court: 4th Circuit, Judge: Harris, Filed On: January 5, 2024, Case #: 21-4181, Categories: Drug Offender, Sentencing, Conspiracy
J. Marks dismisses this contract dispute in favor of the real estate company, realtor and property management company from a couple alleging they were given a single termite report upon closing a property sale. The home in question suffered a massive termite infestation and the second termite report was never disclosed to the couple. The couple fails to plead reasonable reliance in their breach of contract, misrepresentation, suppression, deceit and conspiracy claims.
Court: USDC Middle District of Alabama, Judge: Marks, Filed On: January 5, 2024, Case #: 1:23cv184, NOS: Other Fraud - Torts - Personal Property, Categories: Fraud, Property, Real Estate
J. Byrne finds that the trial court improperly ruled to dismiss a businessman's breach of fiduciary duty claims against business partners for lack of personal jurisdiction. The determination that the claims be made in a Canadian court was improper and the trial court should have honored the businessman's wishes to litigate the case in the state in which his business resides. Reversed.
Court: Texas Courts of Appeals, Judge: J. Byrne, Filed On: January 5, 2024, Case #: 03-22-00093-CV, Categories: Fiduciary Duty, Jurisdiction, Venue