267 results for 'filedAt:"2024-03-29"'.
J. Blakey partially grants the sued software development company’s motion to dismiss the suing software development firm’s copyright infringement, trade secret misappropriation and breach of contract claims. The suing firm claims one of its former employees used his knowledge of its programs to develop an almost identical research software to the one it markets, and launched the software with his competing company. The court dismisses the suing firm’s confidentiality and non-competition agreement breach claim, but allows all its other allegations to go forward.
Court: USDC Northern District of Illinois, Judge: Blakey, Filed On: March 29, 2024, Case #: 1:23cv676, NOS: Other Contract - Contract, Categories: Copyright, Trade Secrets, Technology
J. Robart grants summary judgment and $874,400 to the trust fund for its complaint that the construction company did not make the required employee benefit contributions. The construction company does not rebut the trust fund's evidence that the former did not make the required contributions when the construction company did not report certain compensable hours for its bargaining unit employees, and that the construction company also overpaid certain contributions during the January 2021 through September 2022 audit period.
Court: USDC Western District of Washington, Judge: Robart, Filed On: March 29, 2024, Case #: 2:22cv799, NOS: Employee Retirement Income Security Act (ERISA) - Labor, Categories: Erisa
J. King partially grants the trust funds' motion to compel an audit for their complaint alleging that the glazing work company did not remit reports and fringe benefit contributions to the trust funds for each hour of covered labor performed by its employees. The trust funds sufficiently allege that collective bargaining agreements and trust agreements give them the authority to audit participating employers' payroll records. The glazing work company must submit its payroll and related records to the trusts funds and their auditors, so they can complete an audit in accordance with the CBA and trust agreements.
Court: USDC Western District of Washington, Judge: King, Filed On: March 29, 2024, Case #: 2:22cv1831, NOS: Employee Retirement Income Security Act (ERISA) - Labor, Categories: Erisa, Discovery
J. Whitehead denies summary judgment to the insurance company against the Insurance Fair Conduct Act claim of the insured's complaint alleging that the insurance company refused to pay her $55,000 owed for her underinsured motorist claim. It is unclear if the insurance company's offer was the result of an adequate investigation, because it is still unclear if the insured's injuries are traceable to the accident with the underinsured motorist.
Court: USDC Western District of Washington, Judge: Whitehead, Filed On: March 29, 2024, Case #: 2:23cv216, NOS: Insurance - Contract, Categories: Insurance, Vehicle
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J. Whitehead declines to dismiss Amazon's complaint that the research institute refused to refund Amazon after it did not supply the company with the promised disposable medical gloves. Amazon sufficiently alleges that the research institute's employees and officers are its alter egos, that they knowingly made false promises about the disposable medical gloves, and that some misrepresentations happened before Amazon made the purchase.
Court: USDC Western District of Washington, Judge: Whitehead, Filed On: March 29, 2024, Case #: 2:21cv753, NOS: Other Contract - Contract, Categories: Fraud, Contract
J. Chatigny finds that summary judgment is premature in a case in which detectives withheld exculpatory evidence in a criminal case that resulted in plaintiffs’ wrongful imprisonment. Plaintiffs’ claim rests on negligence of detectives and a narrow identifiable person imminent-harm exception to discretionary immunity. Evidence related to the exception must be further reviewed. Defendant’s motion for summary judgment denied in part and granted in part.
Court: USDC Connecticut, Judge: Chatigny, Filed On: March 29, 2024, Case #: 3:19cv388, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Evidence, Immunity
J. Boyle grants 21 organizations’ motions to dismiss allegations of gender, age, national origin and disability discrimination brought by an accountant who was not hired by any of them. In this pro se action, the accountant fails to state anything more specific than the facts that he applied to the positions and was not accepted to them. This is not sufficient to state a discrimination claim in any instance.
Court: USDC Eastern District of North Carolina, Judge: Boyle, Filed On: March 29, 2024, Case #: 5:23cv38, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Employment, Employment Discrimination
J. Grimes finds the lower court properly dismissed a special motion to strike filed by a church deacon and his wife after a donor donated over $1 million to an organization run by the wife, after a sermon. The donation was to help purchase a car and a home for a destitute family, with any leftover funds to be returned to the donor. The donor discovered that the house and car were purchased in the organization’s name, not that of the family in need. The donor filed suit alleging he was solicited for the funds which were used fraudulently to benefit the organization, not the family he believed he was helping. The deacon and his wife deny the claim, alleging the conversations with the donor were public in nature and about the family’s needs, and protected as they were part of a sermon and protected speech. The lower court disagreed, as the discussions were specific in nature and the issue was not so much about where the speech or conversation occurred, but rather about the alleged misconduct perpetrated by the deacon and his wife after the sermon. Affirmed.
Court: California Courts Of Appeal, Judge: Grimes, Filed On: March 29, 2024, Case #: B327668, Categories: Fraud, Fiduciary Duty, Contract
J. Edwards upholds defendant's jury conviction for violation of a protective order and guilty plea to burglary for the kidnapping and rape of his girlfriend. Defense counsel was not ineffective for failing to object to a psychologist's testimony pertaining to coercive control relationships, especially in light of the government's overwhelming evidence against defendant. Affirmed.
Court: DC Circuit, Judge: Edwards, Filed On: March 29, 2024, Case #: 22-3058 , Categories: Ineffective Assistance, Kidnapping, Restraining Order
J. Crenshaw grants in part and denies in part the competing motions for summary judgment in this lawsuit concerning a transgender high school student's desire to "try out for the boy's golf team." The student's complaint brings an as-applied challenge to the state's Gender in Athletics Law and the county's revised athletics policy. The court concludes that the rules, as applied to the student, violate the equal protection clause, though they do not violate Title IX. Accordingly, the student will be granted injunctive relief and permitted to try out for the team.
Court: USDC Middle District of Tennessee , Judge: Crenshaw, Filed On: March 29, 2024, Case #: 3:21cv835, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Education
J. Hertling finds that defendant should be granted summary judgment in claims brought under the Contract Disputes Act following cancellation of a task order to provide engineering and program management support services to the department of the navy because failed to implement a 20-person team as required under the contract.
J. Hertling finds in favor of the government in this dispute over a canceled contract for the provision of engineering services to the Navy. The cancellation for default was justified due to the company's failure to provide the proper sized team to carry out the task.
Court: Court of Federal Claims, Judge: Hertling, Filed On: March 29, 2024, Case #: 23-1029, Categories: Contract
J. Blackwell dismisses the doctor and former gubernatorial candidate's suit alleging that the Minnesota Board of Medical Practice sought to chill his speech by investigating complaints against him for his comments on the Covid-19 pandemic and the incumbent governor's response to it. The candidate has not established an injury in fact, since he has not alleged any instances in which the board's investigations prevented him from speaking on those topics. His challenges to Minnesota statutes granting the board regulatory authority also fail since he has not identified how he was impacted by the statute in ways different from third parties. He also has not adequately pleaded that he suffered differential treatment during the investigation process.
Court: USDC Minnesota, Judge: Blackwell, Filed On: March 29, 2024, Case #: 0:23cv1689, NOS: Other Civil Rights - Civil Rights, Categories: Administrative Law, Civil Rights, Constitution
J. Seabright partially dismisses parts of a wrongful termination suit against the orchestra and the musicians’ union by a former flutist with the orchestra, which fired her after she did not get a Covid-19 vaccine. The flutist’s claim that the union aided and abetted the firing is preempted by labor laws. In claims against the orchestra, claims related to religious and disability accommodations are not dismissed, as the orchestra did not engage in an interactive process with the flutist who attempted to bring evidence of her religious beliefs and documented sensitivity to vaccines to the orchestra before her firing. Retaliation claims do partially survive though, as the flutist was subject to adverse action without even going through the interactive process.
Court: USDC Hawaii, Judge: Seabright, Filed On: March 29, 2024, Case #: 1:23cv415, NOS: Employment - Civil Rights, Categories: Covid-19, Employment Discrimination, Employment Retaliation
J. Mikva finds that the lower court properly denied the hospital's motion to transfer venue in this medical malpractice case. While the patient lives in Will County, substantial deference is due to his choice of forum in Cook County where he received extensive inpatient and outpatient care. Affirmed.
Court: Illinois Appellate Court, Judge: Mikva, Filed On: March 29, 2024, Case #: 231120, Categories: Venue, Medical Malpractice
J. Hyman finds that the lower court improperly convicted defendant of constructive possession of a handgun by a felon. Defendant was pulled over for "driving while black," having done nothing to warrant a stop, let alone being placed in handcuffs and having his car fully searched. The record contains "nothing" that would allow a trier of fact to find that defendant knew a handgun was embedded into the bottom of the driver's seat of a borrowed car. Reversed.
Court: Illinois Appellate Court, Judge: Hyman, Filed On: March 29, 2024, Case #: 220970, Categories: Firearms, Search
J. McBride finds that the lower court improperly denied the mother's petition for adult disabled child support from the father for their 21-year-old child with autism. Illinois law indicates that a parent may be required to support a child who has reached the age of majority but is mentally or physically disabled. Despite having graduated high school and holding a part-time job, the parties' child is not able to take care of herself or live independently outside the home. Reversed.
Court: Illinois Appellate Court, Judge: McBride, Filed On: March 29, 2024, Case #: 230270, Categories: Family Law
J. Dooley grants in part and denies in part a motion to dismiss filed by an employer who fired an employee two years after they urged her to return to work early from parental leave. The request for early return two years prior to termination does is not sufficient to infer gender-based discrimination or retaliation. However, the employee requested family medical leave to care for her son weeks prior to the termination date and this is cause for retaliation.
Court: USDC Connecticut, Judge: Dooley, Filed On: March 29, 2024, Case #: 3:23cv3, NOS: Family and Medical Leave Act - Labor, Categories: Employment, Employment Retaliation
J. Seybert preserves claims against a Texas-based product manufacturer alleging it violated an exclusive distribution agreement to sell portable gas detectors and to offer calibration services to plumbing contractors in the New York City metropolitan area when it began offering competing products and services. The court finds the agreement is enforceable and the defendants agreed to be bound by its terms.
Court: USDC Eastern District of New York, Judge: Seybert, Filed On: March 29, 2024, Case #: 2:22cv7845, NOS: Other Contract - Contract, Categories: Unfair Competition, Contract
J. Cho grants Starbucks’ motion to compel and orders several non-parties to respond to several subpoenas that seek information regarding the level of support for union representation among employees at a New York location after one employee was allegedly fired in retaliation for her union activities, which is the subject of the complaint against the coffee chain. The court further denies the National Labor Relation Board’s motion to stay the case.
Court: USDC Eastern District of New York, Judge: Cho, Filed On: March 29, 2024, Case #: 1:22cv7255, NOS: Labor/Management Relations - Labor, Categories: Discovery, Labor / Unions