28 results for 'judge:"Connolly"'.
J. Connolly reverses the district court's determination that the personal representative's petition to hear and examine its predecessor's interim and final accounts of the estate was time-barred. An appeal of that decision is neither untimely nor premature, and the statute of limitations the predecessor cited is not applicable to the petition because the representative is not a "successor" to the estate's decedent but was asserting the rights of those successors in the petition. Reversed.
Court: Minnesota Court Of Appeals, Judge: Connolly, Filed On: April 29, 2024, Case #: A23-1675, Categories: Civil Procedure, Wills / Probate
J. Connolly properly denied the fabric manufacturer's motion to dismiss counterclaims brought by a solar shade maker in a copyright dispute over the weaves, patterns, and colors co-produced by the companies in their 30 year partnership. The solar shade maker's counterclaims sufficiently plead that the restrictive covenants in the parties' agreements were enforceable. Affirmed.
Court: New York Appellate Divisions, Judge: Connolly, Filed On: March 27, 2024, Case #: 01744, Categories: Trade Secrets, Business Practices, Contract
J. Connolly dismisses all but a promissory estoppel claim in an employment civil rights action, finding this claim was timely filed within three years of the termination of the employee's employment. His claims seeking recovery of wages were not timely filed within the applicable one-year statute of limitations. His bad faith claim is also dismissed since he fails to allege that the employer falsified or manipulated an employment record of any kind.
Court: USDC Delaware, Judge: Connolly, Filed On: March 19, 2024, Case #: 1:23cv575, NOS: Employment - Civil Rights, Categories: Employment, Employment Retaliation
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J. Connolly dismisses a civil rights action challenging the eviction of a legally-blind man and his children from his rented home. The complaint fails to state plausible claims of discrimination by the judicial officers, who simply executed the orders of the court, and the governmental entities are immune from suit.
Court: USDC Delaware, Judge: Connolly, Filed On: March 19, 2024, Case #: 1:21cv415, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Government, Immunity
J. Connolly affirms the district court's denial of the defendant's motion to suppress evidence in her controlled-substances case, finding that police's search of her garbage was not a violation of her Fourth Amendment rights. The defendant did not have a reasonable expectation of privacy in her garbage, nor did a search of the trash constitute a trespass on the curtilage of her premises. Additionally, local ordinances banning inspection and removal of garbage do not enlarge the Fourth Amendment's protections or those under the Minnesota Constitution. Affirmed.
Court: Minnesota Court Of Appeals, Judge: Connolly, Filed On: March 18, 2024, Case #: A23-0428, Categories: Constitution, Drug Offender, Search
J. Connolly declines to dismiss claims alleging violations of the Controlled Substances Act after Walmart was charged with filling illegitimate prescriptions for opioids not known to be illegitimate by the pharmacists but known to be so by compliance team members. However, Walmart should be granted dismissal of two other counts based on the contention that its failure to comply with reporting requirements was not unlawful or subject to civil penalties during the relevant period.
Court: USDC Delaware, Judge: Connolly, Filed On: March 11, 2024, Case #: 1:20cv1744, NOS: Other Statutory Actions - Other Suits, Categories: Administrative Law, Agency
J. Connolly affirms the commissioner of health's determinations that the assisted-living facility operator maltreated and failed to provide appropriate care to a resident. The resident's 11 falls in the facility, including one in which she broke her leg and one which led to her death, and the facility's failure to review or update her care plan after any of these falls are sufficient evidence to support those determinations, and an investigator was not required to offer any alternative interventions to prove maltreatment. Attempts to impeach the credibility of the investigator also fail. Affirmed.
Court: Minnesota Court Of Appeals, Judge: Connolly, Filed On: February 14, 2024, Case #: A23-0678, Categories: Administrative Law, Elder Abuse
J. Connolly partially reverses the district court's dismissal of the father's wrongful death action against the mental health treatment provider stemming from the overdose death of his son in the provider's care. While the district court correctly determined that a statute requiring that plaintiffs include expert testimony in a prima facie case for medical malpractice claims, it abused its discretion in dismissing the father's wrongful-death claim for failure to serve an expert-review affidavit within the three-year statute of limitations for wrongful-death actions because the affidavit was filed within a 60-day safe harbor period. Affirmed in part.
Court: Minnesota Court Of Appeals, Judge: Connolly, Filed On: January 16, 2024, Case #: A23-0483, Categories: Civil Procedure, Wrongful Death, Medical Malpractice
J. Connolly grants summary judgment of no infringement on certain claims seeking a declaration of no direct or indirect infringement of six patents because the patent holder failed to cite admissible or inadmissible evidence in claims contending a customer of the technology company directly infringed the patents.
Court: USDC Delaware, Judge: Connolly, Filed On: December 6, 2023, Case #: 1:22cv1512, NOS: Patent - Property Rights, Categories: Patent
J. Connolly refers lawyers representing several shell entities tied to patent monetization firm IP Edge to state bar regulators to investigate conduct related to dozens of patent infringement complaints filed in several federal districts on behalf of the de facto patent owners. Also, attorneys working for IP Edge are referred to the Texas Supreme Court for allegedly practicing law without authorization.
Court: USDC Delaware, Judge: Connolly, Filed On: November 27, 2023, Case #: 1:21cv1247, NOS: Patent - Property Rights, Categories: Patent, Sanctions
J. Connolly affirms the district court's denial of the biological parents' motion seeking to revoke their consents to adoption on the basis of fraud. Such motions are governed by a 90-day deadline imposed by the rules of juvenile protection procedure rather than Minnesota's six-year statute of limitations for fraud claims. Affirmed.
Court: Minnesota Court Of Appeals, Judge: Connolly, Filed On: November 20, 2023, Case #: A23-0663, Categories: Civil Procedure, Family Law
J. Connolly properly denied the borrower's motion to dismiss the bank's claims stemming from his transfer of property years before filing for bankruptcy. The bankruptcy stay does not prohibit the bank from commencing this foreclosure action against the entity to which the borrower deeded the subject property. Affirmed.
Court: New York Appellate Divisions, Judge: Connolly, Filed On: October 18, 2023, Case #: 05242, Categories: Bankruptcy, Foreclosure
J. Connolly grants Google judgment as a matter of law or a new trial after a jury found the tech giant liable for patent infringement through Play Music software on Google and third party electronic devices because plaintiff failed to adduce sufficient evidence of direct infringement with respect to the "sequencing file" construction term.
Court: USDC Delaware, Judge: Connolly, Filed On: September 5, 2023, Case #: 1:17cv1751, NOS: Patent - Property Rights, Categories: Patent
J. Connolly finds that claim 5 of U.S. Patent No. 6,911,46, which concerns an epilepsy treatment, is not invalid due to inadequate written description because drug makers seeking to market generic tablets of Briviact failed to prove a skilled artisan would obviously alter levetiracetam in such a way that it would yield a successful anti-seizure compound.
Court: USDC Delaware, Judge: Connolly, Filed On: August 16, 2023, Case #: 1:20cv987, NOS: Abbreviated New Drug Applications (ANDA) - Property Rights, Categories: Patent
[Consolidated.] J. Connolly finds that claim 13 of U.S. Patent No. RE46,284, which concerns therapy for treating colorectal cancer, is not invalid due to inadequate written descriptions. Manufacturers seeking to market a generic version of Lonsurf did not successfully argue that "common sense" would dictate administering the drug in twice-daily doses in light of clinical trials and related studies.
Court: USDC Delaware, Judge: Connolly, Filed On: August 15, 2023, Case #: 1:19cv2309, NOS: Abbreviated New Drug Applications (ANDA) - Property Rights, Categories: Patent
J. Connolly partially reverses the district court's grant of summary judgment to the human services department and commissioner in the county-based Medicaid purchasers' suit against them seeking to halt the adoption of a managed-care procurement model in their counties. The department's procurement process violates two of the three purchasers' rights to participate in mediation, but not the third. Reversed in part.
Court: Minnesota Court Of Appeals, Judge: Connolly, Filed On: August 14, 2023, Case #: A22-1643, Categories: Administrative Law, Health Care, Medicaid
J. Connolly affirms the district court's revocation of the defendant's probation and execution of his sentence for first-degree criminal sexual conduct. The state has met its burden of proving that defendant's repeated unsupervised contact with female minors despite a probation condition forbidding such contact, along with violations of conditions forbidding the use of sexually explicit material and requiring him to complete an outpatient sex offender program, warranted revocation of probation.
Court: Minnesota Court Of Appeals, Judge: Connolly, Filed On: July 10, 2023, Case #: A22-1715, Categories: Probation, Sex Offender