27 results for 'filedAt:"2024-03-31"'.
J. Talwani grants an employee’s cross-motion for summary judgment against her former employers, who are suing her for allegedly breaching non-compete, confidentiality and other agreements she made with them. The parties are under Chinese law, under which only senior personnel are bound by non-compete agreements.
Court: USDC Massachusetts, Judge: Talwani, Filed On: March 31, 2024, Case #: 1:20cv11711, NOS: Other Contract - Contract, Categories: Employment, Unfair Competition, Contract
J. Davila finds in favor of the U.S. Patent and Trademark Office after Apple and other tech companies sought to challenge a new rule regarding the "NHK-Fintiv standard," which relates to how petitions are considered for inter partes review. After a series of dismissals and appeals, the only claim that remains to be settled is a claim from the tech companies that say the Patent and Trademark Office installed the new standard without going through the proper notice-and-comment rulemaking period. The new standard, however, is not a "substantive" rule, and as a result, the notice-and-comment period was not required.
Court: USDC Northern District of California, Judge: Davila, Filed On: March 31, 2024, Case #: 5:20cv6128, NOS: Administrative Procedure Act/Review or Appeal of Agency Decision - Other Suits, Categories: Administrative Law, Trademark
J. Volk grants the coal miner's post-trial motion to file a retainer agreement under seal, and the order awarding attorneyfees and expenses in the successful class action brought against the two management and three coal companies for violations of the Worker Adjustment and Retraining Notification Act. The companies failed to provide notice to the full-time employees of the Burke Mountain Mine Complex in McDowell County of an impending lay-off of more than 50 employees in October 2019. The court amends its judgment order to include the language "This judgment applies to the 164 miners to whom Rule 23(c)(2) notice was directed, none of whom has requested exclusion, and whom the Court finds to be members of the certified class in this matter" and reflect a total award of $1,738,743, a statutory fee award of $110,992 and $45,593 in expenses, and $15,000 to the miner as class representative service fee, with an order to file an amended notice of class judgment by April 15. Additionally, the court denies the companies' renewed motion for judgment as a matter of law or in the alternative a new trial.
Court: USDC Southern District of West Virginia, Judge: Volk, Filed On: March 31, 2024, Case #: 5:20cv165, NOS: Other Labor Litigation - Labor, Categories: Employment, Class Action, Labor
J. Aiken dismisses the substitute teacher's complaint that the school district fired him for not receiving the Covid-19 vaccine. The substitute teacher claims that the school district violated his religious rights by firing him, but he does not show how the earlier deadline for reporting on vaccination status is discriminatory, nor does he present evidence of any pretext for discriminatory termination.
Court: USDC Oregon, Judge: Aiken, Filed On: March 31, 2024, Case #: 6:23cv688, NOS: Other Civil Rights - Civil Rights, Categories: Employment, Covid-19, Employment Discrimination
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J. Hood finds for a national fraternity organization in claims contending a local chapter used its trademark despite entry of a cease and desist order following rescission of insurance coverage as precipitated by the admission of ineligible female members, as the local chapter continued to identify itself with the national organization despite failing to make efforts to remove female members.
Court: USDC Eastern District of Michigan, Judge: Hood, Filed On: March 31, 2024, Case #: 2:20cv12817, NOS: Trademark - Property Rights, Categories: Trademark
J. Berg dismisses discrimination claims an assistant superintendent brought after, for example, being told following a speech he gave for Black History Month, "You sound like a black nationalist and these PTA moms aren’t going to want you as their superintendent." The assistant superintendent frequently disagreed with other staff members regarding the district's methods for handling racial incidents involving students and staff, and he had neither faced demotion nor experienced a decrease in pay. Meanwhile, he willingly resigned due to stress.
Court: USDC Eastern District of Michigan, Judge: Berg, Filed On: March 31, 2024, Case #: 2:21cv12562, NOS: Employment - Civil Rights, Categories: Employment Discrimination, Employment Retaliation
J. King grants the pet products company an injunction regarding its complaint that the store is manufacturing and selling products, including a pet hair remover, that infringe on the pet products company's patent. The pet products company shows that the store infringed on its copyright, and evidence shows that an injunction serves in the public interest as opposed to harming the public interest.
Court: USDC Western District of Washington, Judge: King, Filed On: March 31, 2024, Case #: 2:20cv1768, NOS: Patent - Property Rights, Categories: Copyright, Patent, Injunction
J. Richardson grants the Nissan defendant's motion to compel arbitration in this class action. The court concludes that the "dispute over arbitrability has been delegated to the arbitrator" as it relates to the specific customer at issue. Also, the company's dismissal motion is denied as moot, though it can refile "with arguments specific to the plaintiffs actively before the Court."
Court: USDC Middle District of Tennessee , Judge: Richardson, Filed On: March 31, 2024, Case #: 3:22cv830, NOS: Motor Vehicle Product Liability - Torts - Personal Injury, Categories: Arbitration, Civil Procedure, Class Action
J. Traum grants the newspaper's motion to exclude expert testimony that was to be made on behalf of another media company in support of its claims the newspaper breached the cooperation and quality provisions of a joint operating arrangement triggering this range of antitrust and contract claims and counterclaims. The paper provides no source that calls into question the expert's methods. The validity challenge can be pursued before the jury.
Court: USDC Nevada, Judge: Traum , Filed On: March 31, 2024, Case #: 2:19cv1667, NOS: Antitrust - Other Suits, Categories: Antitrust, Experts, Discovery
J. King denies Brooks Sports' motion for $1 million in attorney fees for the shoemaker's complaint that Brooks infringed on the shoemaker's patent titled, “Shoe with Cushioning and Speed Enhancement Midsole Components and Method for Construction Thereof.” The counsel's failure to "carry the day" before the Patent Trial and Appeal Board and the shoemaker's failure to obtain and test the accused DNA material does not make this case exceptional, and thus does not justify the request.
Court: USDC Western District of Washington, Judge: King, Filed On: March 31, 2024, Case #: 2:17cv1322, NOS: Patent - Property Rights, Categories: Patent, Attorney Fees
J. Boulware denies the real estate broker's motion for summary judgment on multiple allegations against other brokerage entities involving theft of trade secrets stemming from nondisclosure agreements from a brokerage acquired from bankruptcy proceedings and the new employment of its brokers. There are disputed facts as to whether a new employer took intentional acts to disrupt the confidentiality provisions of a contract. Factual issues remain on key elements of the causes of action.
Court: USDC Nevada, Judge: Boulware , Filed On: March 31, 2024, Case #: 2:15cv531, NOS: Other Contract - Contract, Categories: Bankruptcy, Real Estate, Trade Secrets
J. Behm allows plaintiff to continue claims contending a number of hotel chains in Southeast Michigan were liable for her sex trafficking because evidence indicates Fairfield Inn & Suites staff benefited from cash payments for a room and had been aware of plaintiff's abuse, since her trafficker beat her so badly he broke her bones and took her clothing and phone before leaving her at the hotel, after which she begged hotel staff to give her a phone to call her brother.
Court: USDC Eastern District of Michigan, Judge: Behm, Filed On: March 31, 2024, Case #: 4:22cv11450, NOS: Other Statutory Actions - Other Suits, Categories: Negligence
J. Friedrich grants the Department of Justice's motion for summary judgment and partially grants the nonprofit's motion for summary judgment in the nonprofit's Freedom of Information Act action seeking records on the procurement of lethal-injection drugs. The names of contractors providing the drugs are confidential commercial information, as are key contract terms, and the department has shown that foreseeable harm would result from their disclosure. The department has, however, waived an exemption for some materials by publicly sharing it elsewhere. The department is ordered to produce sixteen challenged records and five publicly disclosed records for in camera review.
Court: USDC District of Columbia, Judge: Friedrich, Filed On: March 31, 2024, Case #: 1:19cv3626, NOS: Freedom of Information Act (FOIA) - Other Suits, Categories: Government, Public Record
J. Moss grants the Air Force's motion for summary judgment as to the former employee's Freedom of information Act claim, but declines to dismiss his Privacy Act claim. The documents the employee seeks, related to a medical-malpractice investigation and finding, were produced or compiled for a medical quality assurance program, and are protected from disclosure under a FOIA exemption for such documents. The motion to dismiss the Privacy Act claim on its merits is premature, as the employee has not alleged or shown that he has exhausted his administrative remedies for the claim. He is ordered to show cause as to why the court has subject matter jurisdiction over this claim, so that jurisdictional questions can be litigated.
Court: USDC District of Columbia, Judge: Moss, Filed On: March 31, 2024, Case #: 1:23cv473, NOS: Freedom of Information Act (FOIA) - Other Suits, Categories: Privacy, Jurisdiction, Military
J. Upadhyaya grants the employee's petition for attorneys' fees and costs in the amount of $10,421.68, finding that the requested amount is reasonable, sufficiently supported and timely.
Court: USDC District of Columbia, Judge: Upadhyaya, Filed On: March 31, 2024, Case #: 1:22cv1816, NOS: Fair Labor Standards Act - Labor, Categories: Attorney Fees, Labor
J. Schopler partially dismisses Proposition 65 related claims against the candy manufacturer concerning the amount of lead and cadmium in its chocolate products that are sold without warning labels. The consumer did not give the prelitigation notice required for lawsuits related to Proposition 65. Although she attempts to argue otherwise, most of the consumer’s claims target the chemicals and conduct that Proposition 65 seeks to regulate, as well as the harms the law seeks to prevent.
Court: USDC Southern District of California, Judge: Schopler, Filed On: March 31, 2024, Case #: 3:23cv55, NOS: Other Fraud - Torts - Personal Property, Categories: Fraud, Consumer Law, Class Action
J. Boulware denies the subcontractor's motion for summary judgment. After issues with securing government funds for its work on Nellis Airforce Base, the contractor communicated with the electrical subcontractor regarding tracking of expenses. The subcontractor replied with altered invoices, eventually refusing to endorse a payment check for less than the claimed amount. Many disputes of material fact on fraud and contract claims and counterclaims remain.
Court: USDC Nevada, Judge: Boulware, Filed On: March 31, 2024, Case #: 2:21cv573, NOS: Miller Act - Contract, Categories: Fraud, Government, Contract