187 results for 'filedAt:"2024-03-25"'.
J. Bashant grants a joint motion to seal filed by the online pharmacy and its competitor in a trademark case. The parties may redact portions of an expert report that contain patient information or sensitive business information. Also, the parties can redact the contact information of their customers in their exhibits, as providing such information could give competitors an advantage by being able to market to the customers.
Court: USDC Southern District of California, Judge: Bashant, Filed On: March 25, 2024, Case #: 3:21cv1305, NOS: Trademark - Property Rights, Categories: Trademark, Discovery
J. Noreika denies an appeal from a bankruptcy opinion concerning a credit company's refusal to advance funds to a landscaping company under a "lockbox" line of credit because the credit company had sole discretion to advance funds to the landscaping company, which was required to perform obligations under the credit agreement. Since the credit agreement had not been breached, breach of contract had not occurred, which is predicate to a separate cause of action for breach of the implied duty of good faith and fair dealing.
Court: USDC Delaware, Judge: Noreika, Filed On: March 25, 2024, Case #: 1:23cv620, NOS: Bankruptcy Appeal 28 USC 158 - Bankruptcy, Categories: Contract
J. Wilkinson finds the lower court properly granted the government summary judgment. The attorney sought to sue the FBI for violating the Freedom of Information Act when it refused to turn over documents related to the charging of his client with the production and possession of child pornography. The documents fall within the exception for records that could reasonably be expected to interfere with enforcement proceedings as they are part of ongoing investigations of third-party individuals. Affirmed.
Court: 4th Circuit, Judge: Wilkinson, Filed On: March 25, 2024, Case #: 23-1821, Categories: Evidence, Child Pornography
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J. Young denies the reseller's motion to dismiss. The massage device company accused the reseller of bulk purchasing its products, giving the impression that the reseller was gifting them to its employees when it was actually reselling them. The company has provided sufficient evidence to move forward with a fraud claim, including the name of the individual who made the misrepresentation.
Court: USDC Eastern District of Virginia, Judge: Young , Filed On: March 25, 2024, Case #: 3:23cv545, NOS: Other Fraud - Torts - Personal Property, Categories: Fraud
J. Kelley denies two medical companies’ motion to dismiss a class action brought against them by an employee for alleged unpaid wages and other damages. Defendants required plaintiff to work during meal breaks and failed to pay the employee and others situated similarly a mandatory hour of premium pay per day where he was required to work during a meal break, failed to factor shift differentials into calculations of overtime pay and failed to provide accurate, itemized wage statements.
Court: USDC Massachusetts, Judge: Kelley, Filed On: March 25, 2024, Case #: 1:23cv11585, NOS: Other Labor Litigation - Labor, Categories: Employment, Damages, Class Action
J. Casper denies a man with a criminal past’s motion to dismiss claims brought against him by a website owner, who the former criminal sent threatening emails to and published critical content about after the webmaster published information about his criminal history. The webmaster met the burden of showing he has plausibly suffered more than $75,000 in damages.
Court: USDC Massachusetts, Judge: Casper, Filed On: March 25, 2024, Case #: 1:23cv10134, NOS: Assault, Libel, & Slander - Torts - Personal Injury, Categories: Public Record, Damages, Defamation
J. Seeborg grants summary judgment on the last remaining claims in a contract dispute between guitarist Craig Chaquico and the band Jefferson Starship over Chaquico's royalties. After several proceedings over the years, the only issues remaining are an accounting claim against the band for financial documents and a counterclaim from the band over royalty cost deductions. The band prevails on both, as a 1991 termination agreement allows the band to deduct costs and expenses from Chaquico's royalties and he has already received all the accounting documents to which he is entitled.
Court: USDC Northern District of California, Judge: Seeborg, Filed On: March 25, 2024, Case #: 3:22cv4907, NOS: Other Contract - Contract, Categories: Contract
J. Hazelrigg finds that the lower court properly revised an order that found a construction company owed $228,000 to a court-appointed receiver under a receivership statute. The revisions made by the lower court were not an abuse of discretion and furthered the general goals of the receivership statute, which in this case is to fairly distribute estate property to creditors. Affirmed.
Court: Washington Court Of Appeals, Judge: Hazelrigg, Filed On: March 25, 2024, Case #: 85105-5-I, Categories: Civil Procedure, Construction
J. Snyder denies a hotel's motion for judgment on the pleadings regarding a contract dispute with an architectural firm and denies in part its motion for judgment on the pleadings regarding the architectural firm's copyright infringement claim stemming from a contract to provide architectural design services for a new hotel. The firm alleges that its architectural designs were used without permission or payment. The firm has "adequately pled its claim for copyright infringement at this stage by alleging its ownership of the drawings and plans, its registration of the copyright, and the infringement" by the hotel.
Court: USDC Central District of California, Judge: Snyder, Filed On: March 25, 2024, Case #: 8:22cv459, NOS: Copyrights - Property Rights, Categories: Copyright, Contract
J. Hart finds the juvenile court properly denied defendant's motion to suppress a loaded handgun found in his backpack during a warrantless search conducted at his school. The school's policy of conducting such searches as part of its individualized safety plan reduced defendant's expectation of privacy and rendered the search reasonable. Affirmed.
Court: Colorado Supreme Court, Judge: Hart, Filed On: March 25, 2024, Case #: 2024 CO 16, Categories: Juvenile Law, Search
J. Antongiorgi-Jordán grants the hospital's motion to dismiss this wrongful termination and retaliation suit. The disabled dietician who was promoted to the position of director of nutritional services claims she was terminated due to her having filed a complaint against a coworker for creating a hostile work environment. The dietician did not file her retaliation claim within 180 days, as required. Although her discrimination claim was filed within limitations, it does not extend the deadline for the retaliation claim.
Court: USDC Puerto Rico, Judge: Antongiorgi-Jordán, Filed On: March 25, 2024, Case #: 3:22cv1322, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Employment Discrimination, Employment Retaliation
J. Miller finds that because the right to confrontation does not apply to a juvenile defendant's amenability hearing, the juvenile court properly admitted statements made by defendant's co-delinquents without any cross-examination during its determination of whether to transfer the case to adult court. Meanwhile, the juvenile court's thorough analysis of all nine amenability factors, seven of which favored a transfer to adult court, satisfied due process and allowed it to transfer the case. Affirmed.
Court: Ohio Court Of Appeals, Judge: Miller, Filed On: March 25, 2024, Case #: 2024-Ohio-1108, Categories: Confrontation, Juvenile Law, Due Process
J. Norton grants the cancer patient's motion for reconsideration. The court awarded summary judgment to the military doctor and government as to the patient's claims the doctor forged his signature on a form consenting to having his prostatectomy performed by a less-skilled surgeon. The patient incurred complications after surgery requiring further medical intervention. A motion in limine has been filed requesting to name a handwriting expert as a witness, and the government has also submitted new evidence. The evidence now is meaningfully different from that before the court on the motions for summary judgment.
Court: USDC South Carolina Aiken, Judge: Norton, Filed On: March 25, 2024, Case #: 2:21cv3801, NOS: Personal Injury - Medical Malpractice - Torts - Personal Injury, Categories: Evidence, Government, Medical Malpractice
J. Lewis grants the amusement parks' motion for summary judgment. The inspector whose hand was amputated during an inspection says park employees operated the apparatus at an unsafe speed during inspection, causing the amputation. The inspector has stated he was trained to touch a wire rope, but not told where to position himself, nor of a designated safe operating speed. The injured party has failed to establish duty of care and proximate cause for his negligence claim against the company.
Court: USDC South Carolina Aiken, Judge: Lewis, Filed On: March 25, 2024, Case #: 0:22cv1114, NOS: Other Personal Injury - Torts - Personal Injury, Categories: Tort, Negligence
J. Nardini finds that the district court properly held that an exception to the Foreign Sovereign Immunities Act applied when Manhattan homeowners sued for damages from construction work at the Sierra Leone Mission next door. The mission was entitled to sovereign immunity as an embodiment of a foreign state, but subject matter jurisdiction existed under the commercial activity exception because the mission acted as a "private player" in the market by engaging a contractor to carry out renovations. Affirmed.
Court: 2nd Circuit, Judge: Nardini, Filed On: March 25, 2024, Case #: 22-1645, Categories: Jurisdiction
J. Trapp finds the lower court properly dismissed the employee's age and ancestry discrimination claims because they are identical to those dismissed with prejudice by a federal court and, therefore, are barred by res judicata. Additionally, the employee failed to exhaust her administrative remedies with the Ohio Civil Rights Commission prior to filing her state court suit, which would have resulted in a dismissal regardless of the res judicata issue. Affirmed.
Court: Ohio Court Of Appeals, Judge: Trapp, Filed On: March 25, 2024, Case #: 2024-Ohio-1114, Categories: Civil Procedure, Employment Discrimination
J. Williams grants the trademark owner's motion to dismiss counterclaims filed by the infringing competitor, ruling its unfair competition and securities claims fail because there are no allegations of unlawful securities transactions and the claims also deal with the owner's actions in the Japanese market, which are outside the scope of the relevant statute.
Court: USDC Connecticut, Judge: Williams, Filed On: March 25, 2024, Case #: 3:20cv1056, NOS: Trademark - Property Rights, Categories: Securities, Trademark, Jurisdiction