J. lyle finds that the lower court properly found for the insurer, ruling it does not have a duty to indemnify the food manufacturer in an underlying detinue and conversion suit alleging it wrongly seized another company's manufacturing equipment and refused to return it. The complaint alleges that this conduct was intentionally and done without legal authority, leaving no possibility it was accidental or negligent. Further, the policy does not provide coverage for the tortious interference claims because these claims do not rely on the manufacturer's alleged disparagement of the company to a rival. Affirmed.
Court: Illinois Appellate Court, Judge: Lyle, Filed On: April 19, 2024, Case #: 221396, Categories: Tort, Business Practices, Indemnification
J. Murray finds that the trial court’s improperly sustained preliminary objections filed by a waste company in this employment dispute in which an employee alleges he was fired for using medical marijuana for back pain in violation of the Medical Marijuana Act. The employee has established relief under the Act since he was fired solely on the basis of his use of medical marijuana. Reversed.
Court: Pennsylvania Superior Court, Judge: Murray, Filed On: April 19, 2024, Case #: J-S08019-24, Categories: Civil Procedure, Employment, Employment Retaliation
J. Land finds that the trial court improperly ruled in favor of the store in a negligence action brought by the customer arising from injuries he suffered in a slip-and-fall incident. The trial court failed to allow oral argument on the store's motion for summary judgment despite the timely request by the customer. Vacated.
Court: Georgia Court of Appeals, Judge: Land, Filed On: April 19, 2024, Case #: A24A0547, Categories: Civil Procedure, Premises Liability
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J. Moore finds that the lower court improperly awarded the father visitation, "with the right to delegate his visitation rights" to the paternal grandparents. The ruling was improper, as it was "the equivalent of awarding the paternal grandparents visitation rights," without meeting certain requirements under the Grandparent Visitation Act. Accordingly, the case is remanded with instructions. Reversed.
Court: Alabama Court of Civil Appeals, Judge: Moore, Filed On: April 19, 2024, Case #: CL-2023-0201, Categories: Civil Procedure, Family Law
J. Quereshi grants, in part, an estate’s motion to compel in this wrongful death of the decedent with mental illness. The estate alleges that the county’s police department failed to produce the internal affairs memoranda, demand documents and other communications concerning the shooting of decedent or similar cases. The police department opposes the motion, asserting the deliberative process and attorney-client privileges. The court previously found that the memorandum did not include any communications between the attorney and others and ordered the release of the material. Therefore, the production of a redacted and unredacted previous memorandums and materials must be released in its entirety along with documents of similar incidents.
Court: USDC Maryland, Judge: Quereshi, Filed On: April 19, 2024, Case #: 8:22cv856, NOS: Amer w/Disabilities - Other - Civil Rights, Categories: Government, Wrongful Death, Privilege
J. Tufte finds that the district court improperly entered an amended criminal judgment after defendant conditionally pleaded guilty to driving under the influence. Defendant argues the warrantless entry into his garage was not justified by "hot pursuit and other exigent circumstances." The criminal judgment is reversed and the matter is remanded to allow defendant to withdraw his guilty plea. Reversed.
Court: North Dakota Supreme Court, Judge: Tufte , Filed On: April 19, 2024, Case #: 2024ND74, Categories: Search, Dui
J. Huffaker grants summary judgement in favor of an Auburn University associate dean for academic affairs and director of administration business and finance in this employment dispute brought by a former scholarship advisor after being investigated for falsifying an administrative assistant’s timecard. The scholarship advisor alleges she was put on administrative leave with pay and then terminated without an adequate pre-termination hearing. She argues her procedural due process rights were violated for not receiving the adequate pre-termination hearing. The court concluded the evidence shows that she received sufficient notice and had an opportunity to respond.
Court: USDC Middle District of Alabama, Judge: Huffaker, Filed On: April 19, 2024, Case #: 3:22cv504, NOS: Employment - Civil Rights, Categories: Employment, Due Process
J. Tufte finds that the district court properly entered an amended judgment dismissing a doctor and eye institute from a matter involving a truck collision with a horse-drawn hay trailer. The collision killed one of the six passengers on the horse-drawn trailer and injured the others. The doctor determined the truck driver to be legally blind, prepared a certificate of blindness, and instructed him and his spouse that he was not to drive. A second opinion from the doctor determined that the driver was "not to drive at night and only minimally during the day, no highways.” The passengers and their families claim that the doctor and institute are liable for medical malpractice because the driver's eyesight was still below the minimum vision standards required to operate a vehicle in North Dakota. Affirmed.
Court: North Dakota Supreme Court, Judge: Tufte, Filed On: April 19, 2024, Case #: 2024ND71, Categories: Vehicle, Wrongful Death, Medical Malpractice
[Consolidated.] J. Wiley finds that the trial court erred in denying a motion to amend filed by a company's managing member who alleged his business partner cheated him out of the proceeds of a real estate sale. He may bring his claims on behalf of member entities and pursue his conspiracy claims against the business partner. Reversed in part.
Court: California Courts Of Appeal, Judge: Wiley, Filed On: April 19, 2024, Case #: B314426, Categories: Unfair Competition, Fiduciary Duty, Contract
J. Welch finds that defendant was properly convicted of molestation of a juvenile, sexual battery and other charges relating to incidents involving his stepdaughter. The testimony of the victim and defendant's statement to police was sufficient evidence that he committed the offenses. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Welch, Filed On: April 19, 2024, Case #: 2023KA0993, Categories: Evidence, Sex Offender
J. Pregerson grants in part Nike's motion for attorney fees in a trademark dispute. A company alleged that Nike and Nordstrom infringed upon its stylized “N” design in their “Nordstrom x Nike” collaboration. The court found that the company owner "misled by omission" his relationship with another party, who turned out to be his mother, and that the relationship was significant regarding proof of the sale of branded products during the relevant period. The company was ordered to pay attorney fees for the discovery misconduct. Days before the scheduled ESI investigation, the company owner alleged that all devices that were scheduled to be searched had been stolen from his car. Nike seeks "full" attorney fees, arguing that the case is "exceptional" due to the discovery misconduct. Nike is awarded $1,491,634 in attorney fees and costs.
Court: USDC Central District of California, Judge: Pregerson, Filed On: April 19, 2024, Case #: 2:21cv398, NOS: Trademark - Property Rights, Categories: Trademark, Discovery, Attorney Fees
J. Kelly finds that the trial court properly ruled in a trust termination suit filed by an attorney, who previously represented a minor in a personal injury case that established an annuity to be paid to the minor through a trust. The trial court signed an agreed order discharging the trust, ordering it to make payments to the minor and the attorney. However, after the trust sought to vacate the order on the grounds it interfered with its contractual rights to the owner of the annuity, the trial court rescinded its previous order. On appeal, the attorney seeks to challenge the trial court's decision. Because the court's order vacating the agreement is not a final appealable judgment, the attorney lacks the authority to bring his challenge.
Court: Texas Courts of Appeals, Judge: Kelly, Filed On: April 19, 2024, Case #: 03-23-00791-CV, Categories: Settlements, Trusts
J. Henderson upholds defendant's 120-month sentence for his conviction for conspiracy to distribute more than 280 grams of crack cocaine. Contrary to defendant's claim, the safety valve provision does not support his contention defense counsel should have argued he was eligible for sentencing without considering the statutory minimum. Affirmed.
Court: DC Circuit, Judge: Henderson, Filed On: April 19, 2024, Case #: 20-3083 , Categories: Drug Offender, Ineffective Assistance, Sentencing
J. Marshall grants the protester $1.1 million in attorney fees after a jury found in his favor and awarded him $85,000 in damages on his excessive force and Monell claims that were part of his complaint alleging that the city's officers beat him for participating in a protest against the murder of George Floyd. The city requests a fee reduction because the protester did not prevail on all of his claims, but "the time spent on claims for which plaintiff did not prevail cannot reasonably be separated from time spent on claims on which plaintiff did prevail."
Court: USDC Central District of California, Judge: Marshall, Filed On: April 19, 2024, Case #: 2:21cv6470, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Attorney Fees, Police Misconduct
J. Currault grants a request by the owner of a self-propelled spud barge, compelling a marine repair yard to produce personnel files on all seven of its employees who worked on its vessel at the time it was damaged by a fire. Training records of the employees performing work on the vessel are relevant to the claims and defenses of this case and must be produced. The repair yard's objections on the basis of overbreadth and undue burden are overruled as improper.
Court: USDC Eastern District of Louisiana , Judge: Currault, Filed On: April 19, 2024, Case #: 2:23cv243, NOS: Other Contract - Contract, Categories: Maritime, Discovery
J. Cain denies an insurer's request for sanctions of attorney fees against a lawyer and his law firm for suing the insurer after the insurer had settled a property owner’s hurricane damage claim with other counsel. The lawyer and his firm acted in bad faith throughout the litigation and sanctions are appropriate. However, because the proof of billing hours submitted by insurance counsel are inadequate, insurance counsel are allowed time to support the reasonableness of the fees sought.
Court: USDC Western District of Louisiana , Judge: Cain, Filed On: April 19, 2024, Case #: 2:22cv3375, NOS: Insurance - Contract, Categories: Sanctions, Attorney Fees
Per curiam, the Texas Supreme Court finds that the court of appeals improperly ruled in favor of a truck driver who sued the owners of three companies that manage the trucking operation after he was injured falling asleep behind the wheel and crashing. There is a lack of evidence to show that the truck driver was an employee of one of the owners. Furthermore, the trial court incorrectly used a pattern jury charge to define "employee," rather than a federal definition. Reversed.
Court: Texas Supreme Court, Judge: Per curiam, Filed On: April 19, 2024, Case #: 21-0853, Categories: Employment, Jury
J. Lindsay enters judgment in favor of a commercial door hardware manufacturer on the remaining breach of contract claim alleging it failed to provide a reseller with a continuous supply of if its products to ensure the reseller fulfilled its government contracts. The court considers the letters of supply provided by the manufacturer neither part of their dealer purchase agreement nor an enforceable contract, and further finds the supplier had not breached the original agreement because they agreed to continue supplying merchandise.
Court: USDC Eastern District of New York, Judge: Lindsay, Filed On: April 19, 2024, Case #: 2:15cv6280, NOS: Other Contract - Contract, Categories: Contract
J. Brown finds that the district court properly determined that a gas supplier breached its industrial gas supply contract with a chemical manufacturer and properly awarded $88 million in lost profits. The manufacturer's counsel maintained that he could prove to the jury that the damages claim for lost profits and cover damages were valued at $100 million, and the district court used the proper model for calculating damages. Further, the manufacturer shows that there were lost sales due to the breach of contract based on testimony and evidence. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Brown, Filed On: April 19, 2024, Case #: 2022-CA-0777, Categories: Energy, Damages, Contract
J. Carter denies the council's motion for a preliminary injunction against the state's age-based sales restriction on diet pills and supplements for muscle building that contain ingredients other than protein. The state has a legitimate governmental interest in protecting minors from access to dietary supplements that are connected to eating disorders. Further, the law does not regulate the supplement-maker's speech or the manner in which they advertise their products, just that customers show verification they are over age 18 to purchase the products.
Court: USDC Southern District of New York, Judge: Carter, Filed On: April 19, 2024, Case #: 1:24cv1881, NOS: Other Civil Rights - Civil Rights, Categories: Commerce, Restraining Order, First Amendment
J. Cobb grants the Campaign for Accountability’s cross-motion for summary judgment in its suit seeking to require the Department of Justice, Office of Legal Counsel to make certain records available to the public under the “reading-room” provision of the Freedom of Information Act. Deliberative process privilege “does not categorically protect the OLC’s formal written opinions resolving interagency disputes.” Thus, those opinions are subject to the “affirmative disclosure requirements of FOIA’s reading-room provision.
Court: USDC District of Columbia, Judge: Cobb, Filed On: April 19, 2024, Case #: 1:16cv1068, NOS: Freedom of Information Act (FOIA) - Other Suits, Categories: Government
J. Engelmayer denies the Danish shipping company's motion to dismiss an American shipping company's conversion claim it wrongfully took delivery of five of its shipping containers and refused to return them. The Danish shipper cannot avoid liability because it belatedly returned four of the containers, as its rival may be able to show losses from the taking. Further, the court will not strike the American shipper's request for punitive damages at this stage in litigation.
Court: USDC Southern District of New York, Judge: Engelmayer, Filed On: April 19, 2024, Case #: 1:23cv10283, NOS: Other Fraud - Torts - Personal Property, Categories: Damages, Conversion