61 results for 'filedAt:"2024-04-01"'.
J. Ripple finds that the lower court properly found for the officer on false arrest claims stemming from a man's arrest on charges of being a hit-and-run driver. Three witnesses asserted that the man was the aggressor in the underlying incident, and the officer therefore had probable cause to arrest him based on that information. Affirmed.
Court: 7th Circuit, Judge: Ripple, Filed On: April 1, 2024, Case #: 23-2574, Categories: Civil Rights, Police Misconduct
J. Kobayashi partially dismisses the insurance company’s counterclaims in an underlying action involving a construction project at a correctional facility completed by the developer. The developer does not show with any specificity that it would not have entered into a settlement agreement in the underlying case, had it received final drawings of the project during discovery.
Court: USDC Hawaii, Judge: Kobayashi, Filed On: April 1, 2024, Case #: 1:23cv117, NOS: Other Contract - Contract, Categories: Settlements, Discovery, Contract
J. Kennelly grants a children’s clothing retailer’s motion to dismiss a consumer class action, brought by parents who say school uniforms they bought from the retailer contained polyfluoroalkyl substances. The court finds the parents lack standing to pursue injunctive relief, as they are now aware the uniforms contain the harmful substance. The court also finds the parents have failed to state an actionable claim.
Court: USDC Northern District of Illinois, Judge: Kennelly, Filed On: April 1, 2024, Case #: 1:23cv4899, NOS: Other Fraud - Torts - Personal Property, Categories: Fraud, Consumer Law, Class Action
J. Budd supports the denial of the defendant’s motion to suppress analysis of his blood samples. His consent is not needed where he is being charged for operating under the influence resulting in serious bodily injury and death rather than simple operating under the influence. Affirmed.
Court: Massachusetts Supreme Court, Judge: Budd, Filed On: April 1, 2024, Case #: SJC-13384, Categories: Evidence, Dui, Vehicle
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J. Crenshaw grants the dismissal motion filed by the Metropolitan Government of Nashville and Davidson County, as well as the motion filed by the City of Mt. Juliet, in this lawsuit arising from the shooting death of an individual on the side of Interstate 65. The complaint alleges that he was shot 12 times, including five times "after he had fallen to the ground," and the court concludes that it plausibly alleges excessive force against the individual officers. However, the surviving spouse abandoned her Section 1983 claims against the Metro government and fails to show that the municipal defendants waived their immunity to the negligence claim.
Court: USDC Middle District of Tennessee , Judge: Crenshaw, Filed On: April 1, 2024, Case #: 3:22cv721, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Immunity
J. Carlyle finds that the lower court properly entered a take-nothing judgment following a jury trial in this lawsuit stemming from an automobile accident. The appellant argues that the lower court improperly seated a juror "against whom he had exercised a peremptory challenge," but he failed to timely object to the issue. Affirmed.
Court: Texas Courts of Appeals, Judge: Carlyle, Filed On: April 1, 2024, Case #: 05-22-00920-CV, Categories: Civil Procedure, Jury, Tort
J. Reidinger denies a man, who was involuntarily committed to a hospital in 2016, his motion for reconsideration after he previously filed two other civil actions that were denied. The man then filed a motion to reverse the denials, but these were time-barred. The present motion for reconsideration is therefore futile.
Court: USDC Western District of North Carolina, Judge: Reidinger, Filed On: April 1, 2024, Case #: 1:21cv305, NOS: Personal Injury - Medical Malpractice - Torts - Personal Injury, Categories: Civil Procedure, Constitution, Medical Malpractice
J. Nelson finds that the district court properly denied defendant's motion to suppress methamphetamine found during an officer’s inventory search of his backpack. The police may constitutionally conduct an inventory search of belongings when the property is lawfully retained and the search is done in compliance with police regulations, even after the individual has been released. Affirmed.
Court: 9th Circuit, Judge: Nelson, Filed On: April 1, 2024, Case #: 21-30251, Categories: Drug Offender, Search
[Consolidated.] J. Grosshans finds that the court of appeal properly ruled in claims contending state statute that allows abortions up until the 15th week of gestation concerns a personal right because the privacy clause in the state constitution does not "guarantee the right to an abortion through the end of the second trimester." Affirmed.
Court: Florida Supreme Court, Judge: Grosshans, Filed On: April 1, 2024, Case #: SC2022-1050, Categories: Civil Rights, Constitution
J. Brown finds that the lower court properly denied the city's motion to dismiss plaintiffs' complaint seeking damages for inverse condemnation and alleging the city failed to maintain its sewer system. The municipal ante litem notice requirements are do not apply to the inverse condemnation claim. Affirmed.
Court: Georgia Court of Appeals, Judge: Brown, Filed On: April 1, 2024, Case #: A24A0019, Categories: Damages
J. Wolson dismisses infringement claims concerning a patent for "re-trying access of automotive electronic control units to a storage resource" because the patent holder's expert failed to explain how Volvo automobiles practice the patent claim under the claim construction.
Court: USDC Delaware, Judge: Wolson, Filed On: April 1, 2024, Case #: 1:22cv293, NOS: Patent - Property Rights, Categories: Patent
J. Robart denies summary judgment to the nutrition supplement company for the contract claim in its complaint alleging that the advertising agency breached the contract by demanding payment for expenses and creative services. The nutrition supplement company does not state which provisions of the contract the advertising agency breached.
Court: USDC Western District of Washington, Judge: Robart, Filed On: April 1, 2024, Case #: 2:22cv1063, NOS: Other Contract - Contract, Categories: Contract
Per curiam, the Oklahoma Supreme Court approves the bar's application to approve attorney Christopher Roberts Kelly's resignation. The bar's investigation into the attorney involved complaints of his failure to timely perform legal work after being paid a retainer, as well as his having been suspended from legal practice in another state. Kelly's affidavit of resignation reflects he voluntarily renders his resignation, was not coerced and is aware of the consequences.
Court: Oklahoma Supreme Court, Judge: Per curiam, Filed On: April 1, 2024, Case #: SCBD-7628, Categories: Administrative Law, Legal Malpractice, Attorney Discipline
J. Prost finds that the district court improperly ruled that the patent for medicine that treats schizophrenia in adults was not obvious. Reversed in part.
Court: Federal Circuit, Judge: Prost, Filed On: April 1, 2024, Case #: 2022-1258, Categories: Patent
J. Milazzo grants requests by insurers and against property owners suing them for inadequate compensation related to hurricane damage claims, staying the litigation pending arbitration. Contrary to the litigants’ argument, the arbitration clause at issue in the insurance dispute is enforceable under the New York Convention and federal arbitration law. The property owners’ claims of breach of contract, breach of duty of and bad faith damages claims fall under the policy’s arbitration agreement.
Court: USDC Eastern District of Louisiana , Judge: Milazzo, Filed On: April 1, 2024, Case #: 2:23cv4258, NOS: Insurance - Contract, Categories: Arbitration, Property, Damages
J. Mathis finds the district court properly dismissed violations of the Lanham Act and the Tennessee Consumer Protection Act claims brought by FedEx against a consulting company. FedEx alleged a claim for false advertising but fails to plausibly allege the statement was false or misleading. Affirmed.
Court: 6th Circuit, Judge: Mathis, Filed On: April 1, 2024, Case #: 23-5456, Categories: Consumer Law, False Advertising
[Consolidated.] J. Rakoff grants the banks' motion to dismiss seven securities class actions alleging the banks sold billions of dollars of securities before the news publicly broke that their client, Archegos Capital Management, had engaged in market manipulation of these issuers. The investors have not alleged that Archegos shared the issuers' confidential information, so they cannot assert an insider trading theory.
Court: USDC Southern District of New York, Judge: Rakoff, Filed On: April 1, 2024, Case #: 1:21cv8413, NOS: Securities/Commodities/Exchange - Other Suits, Categories: Securities, Class Action
J. Zamora holds that the compensation benefits sections for permanent total disability and permanent partial disability of the Workers’ Compensation Act violate the equal protection clause of the New Mexico Constitution. The employer asks why the term “secondary physical impairment” was coined by the appeals court. The New Mexico Supreme Court finds it inaccurate and that it should have been avoided while analyzing similarly situated workers equal protection claims. Workers with secondary mental impairments are similarly situated to workers with physical impairments, and the worker does meet her burden to show that they were treated differently. Affirmed.
Court: New Mexico Supreme Court, Judge: Zamora, Filed On: April 1, 2024, Case #: S-1-SC-39225, Categories: Constitution, Equal Protection, Workers' Compensation