J. Chun denies the university president's motion to dismiss the retaliation claim in the school faculty member's complaint alleging that the university president wrongfully fired the faculty member for putting a statement in his class syllabus, emails and outside his faculty office door about the Coast Salish tribe's claim to land that read, "I acknowledge that by the labor theory of property the Coast Salish people can claim historical ownership of almost none of the land currently occupied by the University of Washington." The school faculty member plausible states a First Amendment retaliation claim, because the school faculty member's speech concerned a matter of public concern, and the court cannot employ the applicable Pickering balancing test at this stage.
Court: USDC Western District of Washington, Judge: Chun, Filed On: May 8, 2024, Case #: 2:22cv964, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Education, Employment Discrimination
J. Ohlson finds that the U.S. Air Force Court of Criminal Appeals improperly set aside and dismissed defendant’s Article 134 charge relating to indecent conduct for performing sexual acts upon a childlike sex doll. Article 134 gives “fair notice to servicemembers of ordinary intelligence that engaging in sexual acts with a lifelike child sex doll falls squarely within the president’s definition of indecent conduct.” Reversed.
Court: Court of Appeals for the Armed Forces, Judge: Ohlson, Filed On: May 8, 2024, Case #: 23-0134, Categories: Military
J. Valenzuela grants mandamus relief to a transportation company and truck driver after the trial court improperly compelled responses to an injured driver's request for information on lawsuits filed against the company and access to the truck driver's cell phone. The requests are overbroad, as they seek information on lawsuits filed in the past 10 years and access to the truck driver's cell phone data four hours prior to the accident.
Court: Texas Courts of Appeals, Judge: Valenzuela, Filed On: May 8, 2024, Case #: 04-23-01067-CV , Categories: Tort, Negligence, Discovery
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J. Rosenthal finds that a maker of stuffed animals has not identified specific creative elements of its products that would entitle the maker to recover damages for copyright infringement from another company, which produces very similar toys. Characteristics or common qualities of nature cannot be copyrighted, and suing stuffed animal maker has not identified features of its toys that rise above common natural characteristics of the animals to constitute a creative idea that can be protected under copyright. The claims of the suing toy maker are dismissed, but they are granted leave to amend their complaint.
Court: USDC Southern District of Texas, Judge: Rosenthal, Filed On: May 8, 2024, Case #: 4:23cv4146, NOS: Copyrights - Property Rights, Categories: Copyright, Trademark
J. Deavers denies, in part, the law firm's motion to quash, ruling attorney-client privilege does not prevent disclosure of communications between itself and witnesses involved in the Ohio State University sexual abuse scandal because the documents do not involve legal advice, but were part of a factfinding investigation about former university physician, Dr. Richard Strauss.
Court: USDC Southern District of Ohio, Judge: Deavers, Filed On: May 8, 2024, Case #: 2:19mc38, NOS: Other Statutory Actions - Other Suits, Categories: Discovery, Privilege
J. Guidry denies competing requests by a maritime employer and its employee to exclude testimony by one another’s expert in a personal injury case. The steersman, who allegedly suffered a back injury while performing deck work on a tug and barge fleet, has sufficiently established his expert’s testimony is based on his expertise and experience as a boat captain and that his testimony will be helpful to the jury. Likewise, testimony by the towing company’s expert, also an experienced riverboat captain, will be helpful to the jury because the case involves maritime matters that can assist a layperson.
Court: USDC Eastern District of Louisiana , Judge: Guidry, Filed On: May 8, 2024, Case #: 2:22cv237, NOS: Marine - Contract, Categories: Civil Procedure, Jury, Experts
J. Heytens finds the lower court improperly granted the county judgment when it found no reasonable adjudicator could view the facts in a way that would make incarcerated workers employees for the purpose of the act. A group of imprisoned people working at a recycling plant sued the county, alleging violations of the Fair Labor Standards Act and two Maryland statutes. There is no definite rule that such workers cannot be covered by the act when they work outside their detention facility’s walls and for someone other than their immediate detainer. Vacated.
Court: 4th Circuit, Judge: Heytens , Filed On: May 8, 2024, Case #: 23-1731, Categories: Employment, Labor, Prisoners' Rights
J. Cole denies Kroger's motion to dismiss, ruling the consumers' reliance on false representations about the type and amount of heavy metals in teething wafers when buying the product constitutes a particularized injury that gives them standing to pursue product liability claims. Although their children did not suffer any physical injuries as a result of eating the wafers, the economic injuries sustained by the parents allow the case to proceed.
Court: USDC Southern District of Ohio, Judge: Cole, Filed On: May 8, 2024, Case #: 1:22cv544, NOS: Personal Injury - Product Liability - Torts - Personal Injury, Categories: Damages, Product Liability, Class Action
J. Ortega finds the Board of Parole and Post-Prison Supervision properly declined to “sum and/or unsum” defendant's consecutive prison terms for aggravated murder and first-degree robbery when calculating his projected parole release date. One of defendant's two prison terms is for aggravated murder, so the board lacks authority to “sum” his consecutive prison terms.
Court: Oregon Court of Appeals, Judge: Ortega, Filed On: May 8, 2024, Case #: A177386, Categories: Murder, Parole, Sentencing
J. Ortega finds the juvenile court properly terminated a mother’s parental rights to her three children. The mother’s mental health conditions interfere with her ability to prioritize children's needs. Affirmed.
Court: Oregon Court of Appeals, Judge: Ortega, Filed On: May 8, 2024, Case #: A182137, Categories: Family Law
J. Aoyagi finds the trial court properly ruled that defendant broke the law by moving his phone from the dash to his lap while driving. Officer’s testimony established that defendant “used” his cellphone within the meaning of the statute. Affirmed.
Court: Oregon Court of Appeals, Judge: Aoyagi, Filed On: May 8, 2024, Case #: A180213, Categories: Evidence
J. Leinenweber denies the defendant behavioral therapy provider’s motion to dismiss ADA discrimination claims brought by an autistic former employee. The court finds the former employee has sufficiently alleged that she was demoted, and then pushed to quit, by the company’s unwillingness to accommodate her needs as a person with autism.
Court: USDC Northern District of Illinois, Judge: Leinenweber, Filed On: May 8, 2024, Case #: 1:23cv3707, NOS: Amer w/Disabilities - Other - Civil Rights, Categories: Ada / Rehabilitation Act, Employment Discrimination, Employment Retaliation
J. Pallmeyer grants the defendant bank’s motion to dismiss a currency exchange’s claim that it is liable for $840 in check fraud. A customer of the currency exchange got $840 in cash for a check that they had already remotely deposited in their Citibank account, and the currency exchange says it is Citibank’s legal duty to reimburse it. The court disagrees, finding the currency exchange has failed to state an actionable claim.
Court: USDC Northern District of Illinois, Judge: Pallmeyer, Filed On: May 8, 2024, Case #: 1:23cv5033, NOS: Banks and Banking - Other Suits, Categories: Fraud, Banking / Lending, Technology
J. Powers finds the trial court plainly erred by failing to instruct the jury of the requisite culpable mental state concerning the value of the property stolen. However, based on other evidence, it had “little likelihood of affecting the verdict.” Affirmed.
Court: Oregon Court of Appeals, Judge: Powers, Filed On: May 8, 2024, Case #: A177109, Categories: Theft, Jury Instructions
J. Aoyagi finds the trial court properly awarded attorney fees in a supplemental judgment in favor of a real estate firm against two individuals. “Whether parties appearing pro se in civil litigation have a federal constitutional right to file and access court documents electronically, in the same manner as attorneys, is a complex legal question…reasonably in dispute,” so any error is not plain. Affirmed.
Court: Oregon Court of Appeals, Judge: Aoyagi, Filed On: May 8, 2024, Case #: A180510, Categories: Constitution, Attorney Fees
J. Hellman finds the trial court properly revoked defendant's probation and imposed a term of incarceration. “The remedy would be to reinstate defendant’s probation, which would overlap with the sentence in his subsequent case.” Dismissed.
Court: Oregon Court of Appeals, Judge: Hellman, Filed On: May 8, 2024, Case #: A178819, Categories: Probation, Sentencing
J. Delaney finds that the trial court improperly granted an anti-SLAPP motion in a defamation case filed by a politician's wife who claimed that statements on YouTube falsely associated her with communists in Vietnam. The wife did not become a limited purpose public figure simply by carrying a campaign poster one time at a cultural event, and family members of political candidates are not automatically public figures without more purposeful action of their own, so she is not required to show actual malice by the YouTube commenter. At the anti-SLAPP stage, the wife met her burden of showing that the allegation of communist ties was false, had a natural tendency to injure and demonstrated negligence, and the comments were not privileged. Reversed.
Court: California Courts Of Appeal, Judge: Delaney, Filed On: May 8, 2024, Case #: G062338, Categories: Anti-slapp, Defamation
J. Bennett grants the police department’s motion to dismiss this employment dispute brought by a former Black police officer alleging race discrimination, hostile work environment, retaliation, Monell, and violations of civil rights and the Maryland Fair Employment Practice Act. The police department alleges the employee failed to exhaust her administrative remedies and her complaint is time-barred after an investigation was opened on her for a fight while off-duty. The court finds her EEOC charge was filed in timely manner, her Title VII claims appear to be time-barred. Her complaint is dismissed for failure to state a claim upon which relief can be granted, but she has 15 days to file an amended complaint.
Court: USDC Maryland, Judge: Bennett, Filed On: May 8, 2024, Case #: 1:23cv2215, NOS: Employment - Civil Rights, Categories: Employment Discrimination, Employment Retaliation
J. Miller finds the trial court properly convicted defendant of criminal mischief following a non-jury trial over a road rage incident. Defendant's challenges to the sufficiency of the evidence supporting his conviction fail, as the record shows defendant intentionally swung a golf club at another motorist's car three times after the motorist retreated. Affirmed.
Court: Florida Courts Of Appeal, Judge: Miller, Filed On: May 8, 2024, Case #: 22-2140, Categories: Evidence, Vehicle
J. Abramson finds the county court properly quieted title to the property in favor of the residents. The property owner filed an unlawful-detainer complaint against the mobile home residents, alleging they had detained possession after he had attempted to gain possession by civil notice. The owner argues the residents failed to establish their curtilage is contiguous to their own property, conceding the contested property and the residents' property are contiguous. This satisfies for adverse possession. Affirmed.
Court: Arkansas Court Of Appeals, Judge: Abramson , Filed On: May 8, 2024, Case #: CV-22-585, Categories: Evidence, Property
J. Logue finds the trial court erred in its judgment in favor of the lender in the borrowers' lawsuit over a judgment of foreclosure allowing $20 million in default interest to be retroactively calculated and added to the $41,793,694 principal balance of the underlying mortgage loan. There are disputes of fact regarding whether the borrowers' use of hurricane insurance proceeds to fix damages to their hotel caused by Hurricane Irma in 2017 violated the terms of the mortgage note or was approved by the lender, so the trial court's summary judgment order in the lender's favor is reversed and the case is remanded for further proceedings. Reversed.
Court: Florida Courts Of Appeal, Judge: Logue, Filed On: May 8, 2024, Case #: 23-0071, Categories: Foreclosure, Contract