102 results for 'filedAt:"2024-01-09"'.
J. Leinenweber denies a firearm owner’s motion for a preliminary injunction against Highland Park’s ban on assault weapons. The court finds the Chicago suburb, where a deadly July 2022 mass shooting occurred, has legally banned the weapons under Second Amendment provisions, based on a “long-established” history of government bodies restricting private access to weapons designed for military use. The court also grants Highland Park’s motion to dismiss a gun rights advocacy group as one of the suit’s plaintiffs, finding the group lacks standing to bring the case.
Court: USDC Northern District of Illinois, Judge: Leinenweber, Filed On: January 9, 2024, Case #: 1:22cv4774, NOS: Other Civil Rights - Civil Rights, Categories: Constitution, Municipal Law, Firearms
J. Schiltz finds that there is no possible viable construction of the term "substantially rigid portion" in the patent claimant's suit alleging that the Minnesota biotech firm's catheter infringes claims in several of the claimant's patents. The claims in which that term appears are invalid for indefiniteness.
Court: USDC Minnesota, Judge: Schiltz, Filed On: January 9, 2024, Case #: 0:19cv1760, NOS: Patent - Property Rights, Categories: Construction, Patent
J. Docherty denies the prisoner's motions for a preliminary injunction and to compel discovery in his case arguing that Minnesota prisons' policy regarding sexually suggestive photos violates prisoners' First Amendment rights. The prisoner is unlikely to succeed on the merits of his claims, and he has not established that he will suffer irreparable harm absent an injunction nor that harm to him outweighs the harm the prison system could suffer with an injunction. Overturning the policy would also be contrary to the public interest. Finally, the interrogatory he seeks answers to in his motion to compel, asking for information on the religious beliefs of people charged with inspecting content for nudity, is irrelevant.
Court: USDC Minnesota, Judge: Docherty, Filed On: January 9, 2024, Case #: 0:22cv3107, NOS: Civil Rights - Habeas Corpus, Categories: Civil Rights, Injunction, Prisoners' Rights
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The Ninth Circuit certifies a question to the California Supreme Court to determine "what duty of care, if any, does Uber Technologies, Inc. owe a rideshare passenger who suffers an assault or other crime at the hands of an unauthorized person posing as an Uber driver?"
Court: 9th Circuit, Judge: Per curiam, Filed On: January 9, 2024, Case #: 22-16562, Categories: Assault
J. McGrath finds that the trial court properly enforced water rights apportionments based on percentages, not flow rates, due to historical usage and because a reliance on flow rates would not work in years with low flow. No attorney fee award was due because there was no prevailing party. Affirmed.
Court: Montana Supreme Court, Judge: McGrath, Filed On: January 9, 2024, Case #: DA 22-0742, Categories: Water, Attorney Fees
Per curiam, the appellate division finds that the lower court properly denied the construction company's motion for a default judgment in an action seeking damages for breach of fiduciary duty. The company failed to establish the existence of a continuing fiduciary relationship with the association after it terminated its membership in June 2006. Affirmed.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: January 9, 2024, Case #: 00059, Categories: Construction, Fiduciary Duty
J. Garaufus certifies a statewide putative class action lawsuit filed on behalf of debit card users that alleges American Express’s non-discrimination provisions, which prevent merchants from disclosing certain information regarding its point-of-sale agreements including how much it pays to each payment network, places an unlawful restraint on trade. The litigants in this case, who do not have or use Amex credit cards, argue they are in effect subsidizing Amex cardholders’ transactions as a result of the provision. The court, however, declines to certify a second statewide class for credit card holders, finding the litigants fail to allege injuries related to credit card rewards.
Court: USDC Eastern District of New York, Judge: Garaufis, Filed On: January 9, 2024, Case #: 1:19cv566, NOS: Antitrust - Other Suits, Categories: Antitrust, Class Action
J. Arterburn finds the juvenile court properly entered an order for the removal of the daughter, who tested positive for meth and codeine immediately after her birth. After the daughter was returned to her mother following a year in foster care, the mother sought childcare with the previous foster parents. The mother's contact with the foster parents gradually decreased until the foster parents were the primary caregivers by the time the child was 6 years old. The mother's failure to maintain contact negatively impacted the child's mental health, and the court properly found her to be at risk of harm due to the mother's faults and habits. Affirmed.
Court: Nebraska Court Of Appeals, Judge: Arterburn , Filed On: January 9, 2024, Case #: A-23-460, Categories: Evidence, Family Law, Guardianship
J. Pirtle finds the lower court properly terminated the mother's parental rights to her three children. The children were removed after the mother was accused of abuse by her husband's child. Two of her children, including one diagnosed with brittle bone disease, expressed fear of their mother, indicating that they did not want to see her. Another child indicated that he was terrified of his mother and that his brother got physically ill when she was spoken-of. Affirmed.
Court: Nebraska Court Of Appeals, Judge: Pirtle , Filed On: January 9, 2024, Case #: A-23-531, Categories: Evidence, Family Law, Guardianship
J. Bartley sets aside the Board of Veterans Appeals' denial of the veteran's award of a total disability evaluation. The veteran sought the evaluation based on individual unemployability due to service-connected disabilities. The board discounted the relevance of his 60 percent aphonia evaluation because he was employed during the time of the evaluation. The board's findings on the veteran's functional capacity, other than as limited but not "prevent[ing] him from obtaining or maintaining...employment" is unclear. The information for review is limited and the record must be developed.
Court: Court Of Appeals For Veterans Claims, Judge: Bartley , Filed On: January 9, 2024, Case #: 21-6125, Categories: Health Care, Veterans, Due Process
J. Snauffer finds that the Public Employment Relations Board rightly determined that a school district fired a teacher in retaliation for her activities as a union officer. But the Board erred in finding that the school district had not successfully proved that the teacher nonetheless deserved to be fired. Her extensive misreporting of student attendance that predated her union activity presented potentially catastrophic liability to the school district's funding that supported termination.
Court: California Courts Of Appeal, Judge: Snauffer, Filed On: January 9, 2024, Case #: F084032, Categories: Education, Employment, Labor / Unions
J. DeSoto partially dismisses securities claims against a founder of a CBD company from an investing company that claimed it was defrauded of approximately $750,000 by being fed false statements in order to entice its investment. While the investing company has shown evidence of loss stemming from its investment, it has not shown how exactly the statements provided to it were false or how the CBD owner misused the investment funds.
Court: USDC Montana, Judge: DeSoto, Filed On: January 9, 2024, Case #: 1:22cv99, NOS: Other Fraud - Torts - Personal Property, Categories: Fraud, Securities
Per curiam, the circuit finds that the district court properly dismissed defamation claims that actor and comedian Michael Rapaport brought against media company Barstool Sports concerning the termination of his talent agreement, which followed a feud between Rapaport and a colleague that had been "laden with epithets, vulgarities, hyperbole, and non-literal language and imagery." The statements were not actionable since most constituted opinion delivered in the "emotional aftermath" of the firing, and no reasonable reader or listener would have understood them to imply facts about Rapaport. Affirmed.
Court: 2nd Circuit, Judge: Per curiam, Filed On: January 9, 2024, Case #: 22-2080-cv, Categories: Defamation
J. Alley denies mandamus relief to a Loving County sheriff candidate who argued the local Republican Party chair had improperly failed to disqualify another candidate based on his lack of police or military service. But the other candidate had in fact worked as a peace officer, and while his license was put on administrative hold, but details of that hold are “rather cryptic,” and the candidate seeking relief cannot establish that the other candidate’s license is “inactive, revoked, or subject to any disciplinary action.”
Court: Texas Courts of Appeals, Judge: Alley, Filed On: January 9, 2024, Case #: 08-23-00356-CV, Categories: Elections, Government
J. Meyer grants the Connecticut-based car dealership warranty provider's motion for summary judgment, ruling the New Jersey-based warranty provider cannot prove damages because evidence in the record indicates commissions paid after the Connecticut company took over the accounts of four dealerships were paid to a related, but separate business entity not named as a defendant in this case.
Court: USDC Connecticut, Judge: Meyer, Filed On: January 9, 2024, Case #: 3:21cv659, NOS: Other Contract - Contract, Categories: Damages, Interference With Contract, Contract
J. Dever denies a consumer’s motions to amend her complaint and extension of time to file after she sued a slew of credit reporting agencies for allegedly failing to provide full disclosure in their reports of her credit. The consumer alleges the agencies violated fair credit reporting law by not providing her with sufficient information. However, she fails to specify what information she was not provided and does not claim the agencies reported any incorrect information. Her claims are not sufficient to state a claim for relief.
Court: USDC Eastern District of North Carolina, Judge: Dever, Filed On: January 9, 2024, Case #: 5:23cv406, NOS: Consumer Credit - Other Suits, Categories: Commerce, Consumer Law
J. Goldman finds that the trial court properly refused to grant a drug manufacturer summary judgment on a negligence claim alleging it deferred development of an HIV drug that showed fewer side effects in order to continue profiting from an existing HIV drug. The manufacturer's duty of care includes responsibilities beyond its obligation not to sell defective products, and two exceptions to the duty of care cited by the manufacturer are inapplicable. However, a fraudulent concealment claim cannot proceed because the manufacturer did not have a duty to disclose information about the newer HIV drug with fewer side effects. Vacated in part.
Court: California Courts Of Appeal, Judge: Goldman, Filed On: January 9, 2024, Case #: A165558, Categories: Fraud, Consumer Law, Negligence
J. Lorello finds that defendant's speedy trial rights were not violated by delays between his arrest and conviction for battery on a police officer. He contributed to the delay by asking to vacate his first trial and seeking new counsel, and further delay was due to emergency Covid-19 orders that stopped jury trials. Affirmed.
Court: Idaho Court Of Appeals, Judge: Lorello, Filed On: January 9, 2024, Case #: 49545, Categories: Battery, Speedy Trial
J. Weissmann finds that defendant was improperly convicted of drug possession because evidence did not indicate that the substance in defendant's possession was marijuana. However, defendant was properly convicted of dealing methamphetamine, and the lesser included crime of possession should not have been entered as a separate conviction. Reversed.
Court: Indiana Court Of Appeals, Judge: Weissmann, Filed On: January 9, 2024, Case #: 23A-CR-1442, Categories: Drug Offender, Evidence