16 results for 'judge:"Underhill"'.
J. Underhill finds that narcotics agents from the IRS Criminal Investigation Division did not violate the Fourth Amendment while conducting a search. The searched citizen is was connected to entities identified on the warrant, and the search was conducted in a professional manner, with no office employees present at the site of the search after 10 p.m. The judge grants the agent’s motion for summary judgment and denies motion by a business entity searched at the site.
Court: USDC Connecticut, Judge: Underhill, Filed On: March 29, 2024, Case #: 3:14cv741, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Corporations, Tax
J. Underhill grants in part and denies in part a motion for summary judgment in a case in which Bondsmen did not return a depositor’s funds. The case is timely, and statute of limitations claims by Bondsmen do not apply. The depositor’s claim of fraudulent misrepresentation is denied because the Bondsmen’s representation of legal issuance of the bonds is an issue of fact. The depositor’s motion for summary judgment is denied in part and granted in part.
Court: USDC Connecticut, Judge: Underhill, Filed On: March 28, 2024, Case #: 3:21cv221, NOS: Other Contract - Contract, Categories: Fraud, Conversion, Contract
J. Underhill grants Walmart's motion for summary judgment, ruling that although it had an easement and paid for maintenance expenses on the parking lot where the pothole was located, it was not the owner of the property and, therefore, cannot be held liable for the shopper's injuries.
Court: USDC Connecticut, Judge: Underhill, Filed On: March 27, 2024, Case #: 3:22cv408, NOS: Other Personal Injury - Torts - Personal Injury, Categories: Evidence, Premises Liability
J. Underhill finds a lower court properly dismissed a parent's motion to continue obtaining child tax credit on behalf of his disabled son. The parent argued that he was entitled to backdated relief. However, the tax authority sufficiently showed in court that his son is now 20, which disqualifies him for retrospective benefits. Affirmed.
Court: Her Majesty's Court of Appeal, Judge: Underhill, Filed On: March 1, 2024, Case #: CA-2023-313, Categories: Tax, Agency
J. Underhill grants the patentholder's motion for a preliminary injunction, ruling that because the infringing company and its owners have yet to make any payments on a $17 million judgment entered more than five years ago, the patentholder will likely never recover the judgment and will suffer irreparable harm without an injunction to prevent the fraudulent transfer of any remaining assets.
Court: USDC Connecticut, Judge: Underhill, Filed On: March 1, 2024, Case #: 3:22cv840, NOS: Other Fraud - Torts - Personal Property, Categories: Fraud, Settlements, Injunction
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J. Underhill denies the motion to dismiss filed by the company that infringed on the flood prevention device patent, ruling allegations made by the patentholder regarding the company's owners and family members transferring their ownership interests after they became aware of litigation are sufficient to prove fraudulent intent and allow fraudulent transfer claims to proceed.
Court: USDC Connecticut, Judge: Underhill, Filed On: March 1, 2024, Case #: 3:22cv840, NOS: Other Fraud - Torts - Personal Property, Categories: Fraud, Patent
J. Underhill grants the employer's motion for a temporary restraining order, ruling it will suffer irreparable harm if the former employee is allowed to make further social media posts following her termination and creation of a competing business. Therefore, she will be barred from posting any information related to local entertainment and "family fun" directed at parents in her area.
Court: USDC Connecticut, Judge: Underhill, Filed On: February 23, 2024, Case #: 3:24cv192, NOS: Trademark - Property Rights, Categories: Trademark, Contract
J. Underhill grants the government's motion for final judgment, ruling the securities broker and his trading firm will be permanently barred from issuing any securities in the future and will also be required to disgorge over $223,000 in profits gained only through the manipulation of stock prices and the misleading of clients.
Court: USDC Connecticut, Judge: Underhill, Filed On: February 21, 2024, Case #: 3:20cv397, NOS: Securities/Commodities/Exchange - Other Suits, Categories: Fraud, Sanctions, Securities
J. Underhill finds a lower court properly denied a Turkish national's motion to remain in the U.K. The Turkish national argued that he is entitled to relief based on his marriage to a British national. However, the home department presented sufficient evidence in court that he is removable for possessing an illegal Glock 17semi-automatic pistol without a firearm certificate. Affirmed.
Court: Her Majesty's Court of Appeal, Judge: Underhill, Filed On: February 6, 2024, Case #: CA-2023-606, Categories: Immigration
J. Underhill finds a lower court properly dismissed a widower's motion for bereavement support payments. The widower argued that he is entitled to monetary relief following the death of his wife, who suffered from congenital muscular dystrophy for most of her life. However, the secretary of work and pensions provided sufficient evidence in court that that BSP payments are set aside for individuals who were consistently employed for a period of time.
Court: Her Majesty's Court of Appeal, Judge: Underhill, Filed On: October 12, 2023, Case #: CA-2022-1882, Categories: Employment, Insurance
J. Underhill denies the military equipment supplier's motion for summary judgment, ruling that while the confidential drawing of a proprietary rod end bearing was disclosed to the supplier by non-party Raytheon, rather than the developer of the rod bearing, it was still covered by the parties' non-disclosure agreement. Furthermore, the drawing contained specific information about the bearing and met particularity requirements to be considered trade secret information.
Court: USDC Connecticut, Judge: Underhill, Filed On: September 29, 2023, Case #: 3:18cv1212, NOS: Other Contract - Contract, Categories: Trade Secrets, Contract
J. Underhill denies, in part, the revenue department employees' motion to dismiss, ruling proof of an injury to one's marital relationship is not required to bring a plausible claim for infringement of the right to familial association, and so the husband's claim of retaliation stemming from the termination of his wife after he provided legislative testimony critical of the department may proceed.
Court: USDC Connecticut, Judge: Underhill, Filed On: August 21, 2023, Case #: 3:21cv1372, NOS: Other Civil Rights - Civil Rights, Categories: Government, Employment Retaliation, First Amendment
J. Underhill denies the department store's motion for summary judgment, ruling that disputes of fact regarding whether a t-shaped metal hook on the floor caused the shopper to fall must be decided by a jury. Furthermore, surveillance footage that showed the hook was there for at least an hour prior to the accident would allow a reasonable jury to determine the store had notice of the condition and should have picked up the hook.
Court: USDC Connecticut, Judge: Underhill, Filed On: August 16, 2023, Case #: 3:21cv1733, NOS: Other Personal Injury - Torts - Personal Injury, Categories: Evidence, Negligence, Premises Liability
J. Underhill grants the child pornography victim's motion for summary judgment, ruling that undisputed evidence proves she was under the age of 16 at the time the perpetrator - who has since pleaded guilty to criminal charges - created a video recording of their sexual acts, which is sufficient to establish her victimhood and entitles her to damages.
Court: USDC Connecticut, Judge: Underhill, Filed On: August 1, 2023, Case #: 3:18cv402, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Damages