177 results for 'filedAt:"2023-06-28"'.
J. Thissen affirms the district court's denial of the prisoner's motion to correct his sentence for a first-degree premeditated murder conviction. The failure to complete a sentencing worksheet for the prisoner's life sentence was not unlawful because a life sentence was mandated by minimums imposed by statute at the time of conviction. Affirmed.
Court: Minnesota Supreme Court, Judge: Thissen, Filed On: June 28, 2023, Case #: A22-1609, Categories: Murder, Sentencing, Due Process
J. Snyder grants a vessel owner's motion for summary judgment in a contract dispute with the cargo owner over aviation jet fuel taken by vessel from Singapore to California. The cargo owner accepted delivery of the cargo without confirming that the vessel owner had been paid for freight and related charges and has not paid the vessel owner under the bills of lading. The cargo owner is bound by the bills of lading and evidence establishes its "acceptance and actual receipt of the goods." The cargo owner is liable for payment of the freight and related charges.
Court: USDC Central District of California, Judge: Snyder, Filed On: June 28, 2023, Case #: 2:22cv1545, NOS: Marine - Contract, Categories: Maritime, Contract
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J. Bell refuses to dismiss Boeing's fraud action against a company arising from the company's buyout of one of Boeing's contracted aircraft suppliers, which it allegedly forced to declare bankruptcy only months after the purchase. Boeing sufficiently pleads its claims for fraudulent misrepresentation, unfair and deceptive trade practices, tortious interference with contract and related claims.
Court: USDC Western District of North Carolina, Judge: Bell, Filed On: June 28, 2023, Case #: 3:22CV481, NOS: Other Fraud - Torts - Personal Property, Categories: Fraud, Interference With Contract, Contract
J. Stras finds a lower court properly enhanced a defendant's prison sentence for directing a third party to use violence against a co- conspirator who sold his drugs on the outside, and then kept some of the profits. The defendant, who pleaded guilty to conspiracy to distribute 50 grams or more of meth, argued that the lower court erred in enhancing his prison term. However, the government sufficiently presented evidence in court that the defendant directed drug deals from prison, which included his co-conspirator depositing money in another inmate's prison account, and then directed a third party to shake down the co-conspirator after he failed to make good his drug debts. Affirmed.
Court: 8th Circuit, Judge: Stras, Filed On: June 28, 2023, Case #: 21-3763, Categories: Drug Offender, Sentencing, Conspiracy
J. Perry finds that the trial court improperly sustained the property owners' exception of no right of action and dismissed the subdivision residents' nuisance suit over dirt dumping that raised a lot, diverted water flow and violated neighborhood covenants. The residents have a right of action and "clearly belong to the class of persons that has a legal interest in the subject matter of the litigation." Reversed.
Court: Louisiana Court Of Appeal, Judge: Perry, Filed On: June 28, 2023, Case #: CA-22-690, Categories: Civil Procedure, Property, Real Estate
J. Stiles finds that the trial court properly denied the physicians' motion for discovery sanctions against the hospital accused of not paying nephrologists for on-call services. The record does not support a finding that the hospital violated the discovery order, given its "laborious process of reviewing a multitude of documents." Affirmed.
Court: Louisiana Court Of Appeal, Judge: Stiles, Filed On: June 28, 2023, Case #: CA-23-372, Categories: Health Care, Sanctions, Discovery
J. Sammartino partly grants an airline's motion for summary judgment concerning a part-time customer service employee's sex harassment claims alleging that a co-worker touched her thigh at least five times. The employee fails to present evidence that her male co-worker engaged in quid pro quo sexual harassment, but does sufficiently allege that he may have created a hostile work environment even though he was not a supervisor.
Court: USDC Southern District of California, Judge: Sammartino, Filed On: June 28, 2023, Case #: 3:22cv203, NOS: Employment - Civil Rights, Categories: Employment
J. Liburdi rules a native of Mexico may pursue infliction of emotional distress claims against the government. The mother, who crossed the U.S. border from Mexico with her daughter, sufficiently showed that border patrol officers separated them and placed them in a "cold, windowless, crowded cell" with no bedding or bathroom, which resulted in the child becoming overwhelmed, fainting and falling face first into the concrete floor.
Court: USDC Arizona, Judge: Liburdi, Filed On: June 28, 2023, Case #: 2:22cv683, NOS: Other Personal Injury - Torts - Personal Injury, Categories: Civil Rights, Immigration, Emotional Distress
J. Kuhlke finds there is no likelihood of confusion regarding an applicant's mark, EVogue, for cell phone cases, earphones and several other cell phone-related items, with the well-known publishing mark, Vogue. There is no evidence of marketing overlap, and the applicant's affirmative defense of laches is a complete defense against the claim of dilution.
Court: Trademark Trial and Appeal Board, Judge: Kuhlke, Filed On: June 28, 2023, Case #: 91247034, Categories: Trademark
J. Wu tentatively grants final approval a $1.5 million class action settlement, which arises from the participants' claim that the savings plan company and its committee breached their fiduciary duty to the participants when the former allowed the latter to pay excessive fees compared to similarly sized retirement plans. The settlement is fair and well thought-out because the savings plan company produced mediation-related discovery that the participants analyzed to facilitate negotiation, which led to a full day of mediation with a JAMS mediator experienced in ERISA class actions and weeks of negotiations afterward.
Court: USDC Central District of California, Judge: Wu, Filed On: June 28, 2023, Case #: 2:21cv9140, NOS: Employee Retirement Income Security Act (ERISA) - Labor, Categories: Settlements, Fiduciary Duty, Class Action
J. Triana finds that the trial court properly ruled to terminate the parental rights of a father to his child. A reasonable factfinder would agree that termination is in the best interest of the child. Affirmed.
Court: Texas Courts of Appeals, Judge: Triana, Filed On: June 28, 2023, Case #: 03-23-00111-CV, Categories: Family Law
J. Dyk finds that the district court improperly ruled for the government in fifth amendment claims contending vehicles taken during a criminal investigation had not been returned to defendant because issues remain in dispute as to whether defendant abandoned the vehicles. Reversed.
Court: Federal Circuit, Judge: Dyk, Filed On: June 28, 2023, Case #: 22-1378, Categories: Property, Due Process
Per curiam, the circuit finds that the district court properly dismissed a request to intervene in claims seeking to unseal the client list of purported participants in the abuse of minors trafficked by Jeffrey Epstein and Ghislaine Maxwell because the court properly held that the permissive intervention motion had been untimely. Meanwhile, plaintiff's interests are adequately represented by other intervenors, which include the media. Affirmed.
Court: 2nd Circuit, Judge: Per curiam, Filed On: June 28, 2023, Case #: 22-1836, Categories: Civil Procedure
J. Pipkin finds that the trial court improperly imposed sanctions on the doctor and hospital based on a finding that their counsel violated the Health Insurance Portability and Accountability Act in a medical malpractice action brought by the patient. The patient claimed the attorney violated HIPAA by having conversations with a surgeon who works with the doctor at the hospital and by providing medical records to the surgeon without the patient's permission. The transmission of the documents to help the surgeon prepare for a deposition in the case was not a "disclosure" under HIPAA because the hospital could provide protected health information about the patient to doctors within its organization to conduct legal services. Reversed.
Court: Georgia Court of Appeals, Judge: Pipkin, Filed On: June 28, 2023, Case #: A23A0547, Categories: Health Care, Sanctions, Medical Malpractice
J. McBride finds the trial court properly denied the property owner's petition to set aside a tax deed issued to the investment company after the property was offered for sale due to tax delinquency. The owner's statement of facts fails to provide any citation to the record. The property owner failed to seek a stay of judgment and the purchaser is entitled to protection of its purchase of the property. The appeal is dismissed as moot.
Court: Illinois Appellate Court, Judge: McBride , Filed On: June 28, 2023, Case #: 1-22-1366, Categories: Property, Tax