188 results for 'filedAt:"2023-07-06"'.
J. Zipps grants Dairy Queen's cross motion for summary judgment concerning contract claims against a sub-franchisee. Dairy Queen sufficiently showed that a franchisee breached the parties' agreement by refusing to direct sub-franchisees to install a new integrated technology platform into a point-of-sale cash register system.
Court: USDC Arizona, Judge: Zipps, Filed On: July 6, 2023, Case #: 4:22cv335, NOS: Other Statutory Actions - Other Suits, Categories: Licensing, Contract
J. Menendez partially grants the sheriff's deputy's motion for summary judgment in the father's case against him and his employer stemming from the shooting of his son. The deputy is not entitled to qualified immunity, since his decision to shoot the son was not made objectively reasonable by the son's brief turning of his head such that a gun, pointed at his head, could theoretically have fired a bullet through the head and in the general direction of officers. A failure-to-train claim against the county is dismissed, however, since the father has not provided sufficient evidence for a factual dispute over whether the county received notice of a pattern of unconstitutional acts. The deputy and county's motions to strike a dash-camera footage exhibit is denied, and their motions to exclude two experts' reports and testimony are granted in part.
Court: USDC Minnesota, Judge: Davis, Filed On: July 6, 2023, Case #: 0:20cv2474, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Wrongful Death, Police Misconduct
J. Nega finds for the commissioner of internal revenue in this tax liability dispute because corporate shareholders were not entitled to the research credit and the commissioner properly assessed accuracy related penalties.
Court: U.S. Tax Court, Judge: Nega, Filed On: July 6, 2023, Case #: 2023-84, Categories: Tax
J. Bourliot finds that the trial court properly awarded the auto upholstery business $5.8 million in its suit against the electric utility over a fire that caused significant property damage. The utility's jurisdictional challenge is without merit, and the evidence supports the finding that its negligent maintenance of an electrical transformer caused the fire. Affirmed.
Court: Texas Courts of Appeals, Judge: Bourliot, Filed On: July 6, 2023, Case #: 14-20-00250-CV, Categories: Evidence, Damages, Negligence
Want access to unlimited case records and advanced research tools? Create your free CasePortal account now. No credit card required to register.
Try CasePortal for Free
J. Bucklo denies the plaintiff laminating company’s motion for summary judgment on patent infringement claims it brings against its competitor, the defendant laminating company. The court also grants the defendant laminating company’s cross-motion for summary judgment on the same claims, finding the plaintiff company has not provided sufficient evidence to show the defendant company violated any patents.
Court: USDC Northern District of Illinois, Judge: Bucklo, Filed On: July 6, 2023, Case #: 1:20cv1833, NOS: Patent - Property Rights, Categories: Patent, Business Practices
J. Cota grants, in part, a daughter’s motions in limine in her civil rights case regarding the police shooting-related death of her father. Evidence of the amount of drugs in the decedent's body at the time of the shooting will excluded as irrelevant, along with his criminal history that was unknown to the officers at the time of the shooting.
Court: USDC Eastern District of California, Judge: Cota, Filed On: July 6, 2023, Case #: 2:20cv1435, NOS: Other Civil Rights - Civil Rights, Categories: Civil Procedure, Civil Rights
J. Partida-Kipness finds that the lower court properly granted an escrow agent's no-evidence motion for summary judgment in this breach of contract and fiduciary duty action involving the appellants' effort to raise maritime investment funds. The ruling was appropriate, as the lower court sustained the agent's objections to "the affidavit and supporting exhibits." Affirmed.
Court: Texas Courts of Appeals, Judge: Partida-Kipness, Filed On: July 6, 2023, Case #: 05-22-00337-CV, Categories: Fiduciary Duty, Contract
J. Gallagher finds the trial court properly denied defendant's motion for a mistrial when a witness testified after being present in the courtroom for the testimony of other witnesses during defendant's trial on robbery and grand theft charges. Although the witness based part of her identification of defendant on previous witness testimony, the court did not allow the prosecution to redirect and issued a corrective instruction to the jury before its deliberations, which prevented any prejudicial effect. Meanwhile, the failure by defense counsel to request a separation of witnesses at the outset of the trial did not constitute ineffective assistance because numerous witnesses made identifications of defendant and there is no indication the outcome of the trial would have been different with a separation request. Affirmed.
Court: Ohio Court Of Appeals, Judge: Gallagher, Filed On: July 6, 2023, Case #: 2023-Ohio-2296, Categories: Fair Trial, Robbery, Identification
[Consolidated.] J. Reynolds Fitzgerald finds that the lower court properly held that a mother neglected her daughter and son and that her boyfriend abused the girl and derivatively neglected the boy. The daughter's out-of-court statements about the abuse were sufficiently corroborated by medical personnel who examined her to support findings entered against the boyfriend. The mother had been unaware of the abuse, but her inability to accept her boyfriend's role in such supported the neglect finding. Affirmed.
Court: New York Appellate Divisions, Judge: Reynolds Fitzgerald, Filed On: July 6, 2023, Case #: 533885, Categories: Family Law
J. Clark finds that the lower court improperly dismissed a child neglect petition at the request of county social services without holding a hearing to allow objections to the discontinuance, especially the effect on the 16-year-old whose lengthy absence from school precipitated the petition. Reversed.
Court: New York Appellate Divisions, Judge: Clark, Filed On: July 6, 2023, Case #: 534564, Categories: Civil Procedure, Family Law
J. Kern finds that the circuit court improperly held that a trust was liable for assessments conducted in 2020 and 2021. The circuit court’s award of prejudgment interest was issued on the basis that the trust was liable for the assessments and therefore improperly retained the associated money. Reversed.
Court: South Dakota Supreme Court, Judge: Kern, Filed On: July 6, 2023, Case #: 2023SD31, Categories: Trusts
J. Gilbert holds that defendant's petition for resentencing was invalid. A recently enacted statute requires the corrections department to file for resentencing where enhancements no longer apply, but the statute does not allow individual defendants to file for resentencing.
Court: California Courts Of Appeal, Judge: Gilbert, Filed On: July 6, 2023, Case #: B320195, Categories: Robbery, Sentencing
Chancellor McCormick awards $75,000 to counsel for a shareholder who challenged the fairness of a merger of health care corporations. The parties settled the dispute with the issuance of minimal supplemental disclosures, and the award was much less than the $1.1 million sought by counsel, signalling that these kinds of cases are "not worth the attorneys' time."
Court: Delaware Chancery Court, Judge: McCormick, Filed On: July 6, 2023, Case #: 2021-0202-KSJM, Categories: Corporations, Settlements, Attorney Fees
[Consolidated.] J. Duncan dismisses this appeal brought on religious grounds by Navy SEALs who seek to enjoin the Navy from requiring vaccination for Covid-19. During the pendency of the appeal, President Biden signed a statute into law directing the Secretary of Defense to rescind the vaccine mandate. The appeal is dismissed as moot and remanded for further proceedings.
Court: 5th Circuit, Judge: Duncan, Filed On: July 6, 2023, Case #: 22-10077, Categories: Government, Covid-19, Military
J. Orme finds that the juvenile court failed to support its adjudication that an infant had been neglected with findings of fact or an analysis of the reasonableness of the medical decisions that his parents made on his behalf. Reversed.
Court: Utah Court Of Appeals, Judge: Orme, Filed On: July 6, 2023, Case #: 20210657-CA, Categories: Family Law
J. Bell answers a certified question and rules that a series LLC created to purchase foreclosed-upon properties, pursuant to statute governing classes of members or managers and series of members, must be sued in its own name for the court to have jurisdiction. A series LLC is recognized as a separate legal entity from the master entity as long as statutory corporate formalities have been followed.
Court: Nevada Supreme Court, Judge: Bell, Filed On: July 6, 2023, Case #: 84370, Categories: Jurisdiction, Business Expectancy
J. McShan finds that the lower court properly annulled the town planning board's decision to reject a drive-thru restaurant at a busy intersection because the board's constant citation of traffic impacts was "conclusory and unsupported" in light of reports from experts and state highway officials that dispelled the concern. Affirmed.
Court: New York Appellate Divisions, Judge: McShan, Filed On: July 6, 2023, Case #: 535737, Categories: Zoning, Experts
J. Anderson finds in favor of Los Angeles County for the firefighter trainee’s claim that he should have been compensated for the actual time he spent in his hotel room while he participated in an 81-day training program in which trainees were housed at the County’s expense at a hotel to minimize the risk of the trainees contracting Covid-19. The trainee was free to spend his time in his hotel room on “personal pursuits,” which he did, as he admits he spent most his time in his room sleeping or playing video games. Such time is not compensable.
Court: USDC Central District of California, Judge: Anderson, Filed On: July 6, 2023, Case #: 2:21cv6059, NOS: Fair Labor Standards Act - Labor, Categories: Covid-19, Class Action, Labor
Per curiam, the appellate division finds that the lower court properly found for the city in a trip and fall action stemming from a street pothole. The pedestrian failed to show that the city had notice of the pothole where she was injured. Affirmed.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: July 6, 2023, Case #: 03754, Categories: Tort
J. Bumb allows plaintiff to continue pro se claims contending an insurer should have paid out long term disability benefits because plaintiff plausibly alleged the insurer stalled for about a year by asking for documents already in its possession and failed to conduct an impartial review of her medical file upon using an unqualified physician.
Court: USDC New Jersey, Judge: Bumb, Filed On: July 6, 2023, Case #: 1:22cv6249, NOS: Insurance - Contract, Categories: Civil Procedure, Insurance
J. Ceresia finds that the lower court improperly assessed equal liability between the state as overseer and a swimmer in claims brought after she injured her toe on a ledge in a natural swimming area located in a gorge. The ledge was open and obvious, and the swimmer assumed a reasonably foreseeable risk of injury by swimming in the gorge. Reversed.
Court: New York Appellate Divisions, Judge: Ceresia, Filed On: July 6, 2023, Case #: 534775, Categories: Negligence
J. Pitman grants summary judgment to the Department of Labor after it was sued by a restaurant association over a rule from the department limiting the amount of non-tipped work that tipped employees can do following allegations from the department that restaurants were misusing “tip credits” — that is, offsets taken out of tips and later paid to employees to make sure they are making minimum wage — in order to subsidize non-tipped work. The association has sought to enjoin this rule, but while the Fifth Circuit did previously find that restaurants could face harm from the rule, the rule was not arbitrary and capricious, and without it, the government and the public could be harmed.
Court: USDC Western District of Texas , Judge: Pitman, Filed On: July 6, 2023, Case #: 1:21cv1106, NOS: Fair Labor Standards Act - Labor, Categories: Government, Labor, Injunction