150 results for 'filedAt:"2024-02-01"'.
J. Jacobs finds that the district court properly dismissed claims in which public and union pension funds contend major participants in the multi-trillion-dollar market for U.S. Treasuries conspired to rig auctions for debt securities. Plaintiffs failed to demonstrate banks formed anticompetitive agreements since purportedly sharing proprietary information constituted "inconsequential market chatter," and evidence did not demonstrate a coherent scheme to threaten new secondary-market platforms for securities. Affirmed.
Court: 2nd Circuit, Judge: Jacobs, Filed On: February 1, 2024, Case #: 22-943, Categories: Antitrust, Securities
J. Hernandez denies the Argil DX's sole member's motion for summary judgment for the Stored Communication Act and invasion of privacy counterclaims brought by the co-founder of Axeno Consulting, as the sole member accuses the four executives of Axeno of wrongfully using the "Argil DX" trademark. While there is little evidence that the co-founder intended to keep his business emails private from the sole member, which would make the latter accessing them excusable, there is not enough evidence to prove that the sole member had sufficient permission to do so.
Court: USDC Oregon, Judge: Hernandez, Filed On: February 1, 2024, Case #: 3:21cv621, NOS: Trademark - Property Rights, Categories: Evidence, Trademark
Per curiam, the appellate division finds that the lower court properly convicted defendant based on his guilty plea to robbery for stealing cell phones. Defendant failed to preserve his contention that the plea was neither knowing nor voluntary in a post-allocution motion, and no exception to the requirement was triggered. Affirmed.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: February 1, 2024, Case #: 112352, Categories: Criminal Procedure, Robbery, Plea
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J. Kautz finds that the lower court properly denied workers' compensation benefits to a caretaker at a country club who broke his ankle while working. While he was provided benefits at first, further benefits were later denied because they discovered he was intoxicated at the time of the injury. The caretaker challenges the denial of benefits on the grounds he was intoxicated, but the lower court properly found that his intoxication was a significant factor in his injury. Affirmed.
Court: Wyoming Supreme Court, Judge: Kautz, Filed On: February 1, 2024, Case #: S-23-0147, Categories: Workers' Compensation
J. Rothstein denies Expedia's motion to dismiss the Swiss federal government office's complaint that Expedia offered low hotel booking rates on Trivago, an internet hotel booking “metasearch” engine, so that it could bankrupt Amoma, an online hotel booking company organized under Swiss law. The Swiss office manages to salvage its claim because it sufficiently alleges that Amoma could not move to another advertising platform because Trivago had to give Amoma accurate data that would allow the latter to successfully adapt to the new system.
Court: USDC Western District of Washington, Judge: Rothstein, Filed On: February 1, 2024, Case #: 2:23cv983, NOS: Antitrust - Other Suits, Categories: Antitrust
J. Suddaby rules in favor of a healthcare provider and dismisses a 66-year-old’s age discrimination complaint that claims it denied his application for a position as a sleep physician on the basis of his age. One of those involved inadvertently sent him an email which allegedly suggested the company was actively refusing to hire older applicants. The applicant suffered no injury because he voluntarily withdrew from consideration after being scheduled an in-person interview. As well, he fails to show that anyone involved in the decision to hire him harbored discriminatory animus after the company removed the email’s sender from the hiring process once they learned what she had said in the email.
Court: USDC Northern District of New York, Judge: Suddaby, Filed On: February 1, 2024, Case #: 3:22cv178, NOS: Employment - Civil Rights, Categories: Civil Rights, Employment, Employment Discrimination
J. Vitter denies a request by a motorist arrested on marijuana and weapons charges to overrule a magistrate judge’s decision in a discovery dispute in his civil rights case against a deputy and sheriff. His request for an order requiring the sheriff's office to turn over 255 reports is disproportionate to the needs of the case; the sheriff need only turn over 84 of the requested records. The motorist, whose charges were resolved by pretrial diversion, has not provided evidence to support his accusations the sheriff's office is deliberately withholding documents.
Court: USDC Eastern District of Louisiana , Judge: Vitter, Filed On: February 1, 2024, Case #: 2:21cv1275, NOS: Other Civil Rights - Civil Rights, Categories: Evidence, Discovery, Police Misconduct
J. Shubb denies, in part, a landscape company’s motion to dismiss as preempted a worker’s wage claims. The worker's indemnification for uniform expenses, and minimum wage and unfair competition claims are not preempted by the Labor Management Relations Act.
Court: USDC Eastern District of California, Judge: Shubb, Filed On: February 1, 2024, Case #: 2:23cv2734, NOS: Labor/Management Relations - Labor, Categories: Preemption, Indemnification, Labor
J. Vitter grants summary judgment to a sheriff, dismissing the wrongful death and excessive force claims brought by the sister of a transgender inmate who alleges he died in custody after being beaten in his cell by deputies. There is no evidence to support her allegations the deputies used force on or before his death. The undisputed evidence, contained in the autopsy report, shows that the inmate died of natural causes, specifically a Covid-19 infection. The autopsy further states that there was no evidence of trauma.
Court: USDC Eastern District of Louisiana , Judge: Vitter, Filed On: February 1, 2024, Case #: 22cv3734, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Evidence, Wrongful Death
Per curiam, the appellate division finds that an inmate was properly found guilty of violating prison rules in two incidents in which he disobeyed direct orders from guards because the inmate was required to obey even if he disagreed with the substance of the orders or thought them to be unauthorized. Affirmed.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: February 1, 2024, Case #: CV-23-0548, Categories: Prisoners' Rights
[Consolidated.] J. Benton finds a lower court properly granted a Liberian citizen's motion to appeal a lower court's dismissal of his request to remain in the U.S. The government argued that the citizen of Liberia is not entitled to relief based on his drug use, aggravated robbery, and shoplifting. However, he presented sufficient evidence in court that his actions stemmed from his mental health and that he consistently takes his medication for psychiatric issues, which includes hearing voices, which may have stemmed from being sexually abused by a man when he was a child in a shelter. Reversed.
Court: 8th Circuit, Judge: Benton, Filed On: February 1, 2024, Case #: 22-3262, Categories: Immigration
J. Poissant finds that the trial court properly ruled in favor of the Harris County Bail Bond Board in a bail bonds business's suit challenging a rule that requires a criminal defendant to pay "ten percent of the face amount of bail" for the specified serious violent or sexual offenses. The business, which offers payment plans to clients, alleges it lost revenue when the rule went into effect. Based on Parker v. Brown, the board is entitled to state-action immunity as to antitrust concerns resulting from the adoption of the rule. Affirmed.
Court: Texas Courts of Appeals, Judge: Poissant, Filed On: February 1, 2024, Case #: 14-22-00600-CV, Categories: Antitrust, Government, Injunction
J. Zimmerer finds that the trial court partly erred in its finding of joint and several liability for a breach of contract claim relating to a dispute over sharing of profits for a construction business that involved three individuals. There was insufficient evidence that the bookkeeper for the business was part of the agreement to split the profits. Reversed in part.
Court: Texas Courts of Appeals, Judge: Zimmerer, Filed On: February 1, 2024, Case #: 14-23-00124-CV, Categories: Damages, Contract
J. Smith finds that defendant was properly convicted of murder and given a 60-year sentence. The recording of the jail telephone call was properly admitted since it showed defendant's knowledge of the murder and rebutted his claim that someone else killed the victim. Affirmed.
Court: Texas Courts of Appeals, Judge: Smith, Filed On: February 1, 2024, Case #: 10-23-00146-CR, Categories: Evidence, Murder
J. Perry grands the landfill's motion to dismiss neighbors' environmental tort claims alleging the improper handling of radioactive materials. The neighbors' claims arise out of a nuclear incident and are therefore preempted by the Price-Anderson Act. The fact that the nuclear waste was mixed with soil, diluting its concentration below the regulatory level of .05%, does not remove this case from being controlled by the Act.
Court: USDC Eastern District of Missouri, Judge: Perry, Filed On: February 1, 2024, Case #: 4:18cv672, NOS: Other Statutory Actions - Other Suits, Categories: Environment, Tort
Per curiam, the appellate court finds that the lower court properly denied the opera singer's motion for a special trial preference in a suit stemming from her fall from an elevated platform while performing at the Metropolitan Opera House. While the singer's income decreased post-accident, it remained reasonably adequate for her needs. Affirmed.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: February 1, 2024, Case #: 00467, Categories: Civil Procedure, Tort
Per curiam, the appellate division finds that the lower court improperly awarded the plaintiff company $169 million in an action against the guarantor of a commercial contract. This matter shall be remanded for conversion to a plenary action. Reversed.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: February 1, 2024, Case #: 00466, Categories: Contract