280 results for 'filedAt:"2023-09-28"'.
J. Seybert dismisses the counterclaims and third-party complaint brought by a technology firm sued by the State University of New York’s research foundation, which successfully had the defendant’s attorneys disqualified. The corporation has since struggled to retain representation and has lacked an attorney for more than a year, and because it cannot proceed pro se, its claims are dismissed involuntarily for want of prosecution.
Court: USDC Eastern District of New York, Judge: Seybert, Filed On: September 28, 2023, Case #: 2:22cv1898, NOS: Other Contract - Contract, Categories: Civil Procedure, Technology
J. Vance denies a request by a New Orleans area property manager to dismiss a former tenant’s state law data breach claim of sensitive personal information, resulting in theft by fraud. The landlord learned of the breach in December 2021 and notified those affected in July 2022. State law requires notification within 60 days of discovery of the breach — not six months, as the tenant alleges.
Court: USDC Eastern District of Louisiana , Judge: Vance, Filed On: September 28, 2023, Case #: 2:23cv1450, NOS: Other Contract - Contract, Categories: Fraud, Landlord Tenant, Consumer Law
J. Mori finds that the trial court erred in overturning a county board's personal property tax determination. The board properly excluded the income approach valuation method and used the proper cost approach method, and it made adequate findings to support its determination. The trial court must revisit the case to determine whether the board had substantial evidence to support its finding that the taxpayer had not established additional obsolescence. Reversed.
Court: California Courts Of Appeal, Judge: Mori, Filed On: September 28, 2023, Case #: B317513, Categories: Property, Tax
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J. Berg issues a protective order for responses to discovery requests, deposition testimony, and exhibits in this breach of contract action in order to prevent disclosure of confidential information.
Court: USDC Eastern District of Michigan, Judge: Berg, Filed On: September 28, 2023, Case #: 2:22cv13037, NOS: Other Contract - Contract, Categories: Discovery, Privilege, Contract
J. Jarbou dismisses class claims as brought against the city of Benton Harbor in which plaintiffs contend they drank water containing lead, bacteria, and other contaminants because plaintiffs failed to establish state or city defendants engaged in “conscience-shocking conduct” to support violation of bodily integrity claims.
Court: USDC Western District of Michigan, Judge: Jarbou, Filed On: September 28, 2023, Case #: 1:22cv475, NOS: Environmental Matters - Other Suits, Categories: Water, Negligence, Class Action
J. Edelstein finds the trial court properly granted defendant's motion to suppress all evidence obtained by the police officer's search because by the officer's own admission, he had no probable cause or any reasonable suspicion to either arrest or stop defendant when he exited his car and began walking toward his apartment. Although defendant began to run when another officer arrived, the officer's interrogation as they walked was a seizure and invalidated the later search. Affirmed.
Court: Ohio Court Of Appeals, Judge: Edelstein, Filed On: September 28, 2023, Case #: 2023-Ohio-3495, Categories: Firearms, Search
J. Saylor partially denies a hospital’s motion for summary judgment against 160 employees suing it after it denied their applications for medical or religious exemptions to the Covid-19 vaccine. The hospital could have chosen not to accept any religious or medical exemptions based on undue hardship, but because it approved 234 exemptions, each employee making a claim based on having been rejected for the exemption has to be reviewed on an individual basis, and the number of exemptions that it takes to create an undue hardship is a matter of dispute. However, summary judgment can be granted in specific cases where an employee failed to provide proof of a medical condition.
Court: USDC Massachusetts, Judge: Saylor, Filed On: September 28, 2023, Case #: 1:21cv11686, NOS: Civil Rights - Habeas Corpus, Categories: Health Care, Covid-19, Employment Discrimination