149 results for 'filedAt:"2023-06-27"'.
J. Drain grants an orchard partial summary judgment in claims contending defendant, the former owner, changed the orchard's contact information on its Google business account and set company information to indicate the business was a "criminal enterprise" that had closed permanently. After selling the business, defendant wrongly retained access to the account and posted inaccurate information after becoming irate that the new owners would not sign papers regarding an unrelated divorce proceeding.
Court: USDC Eastern District of Michigan, Judge: Drain, Filed On: June 27, 2023, Case #: 2:20cv12805, NOS: Other Statutory Actions - Other Suits, Categories: Defamation
J. Doyle finds that the trial court properly granted the cities' motion to dismiss a negligence and wrongful death action brought by the estate alleging that the cities' emergency personnel failed to timely arrive and provide first aid to decedent, who died from gunshot injuries. The trial court correctly found that the estate's ante litem notices did not comply with the statutory requirements because they sought an indefinite amount "not less than" $1 million. Affirmed.
Court: Georgia Court of Appeals, Judge: Doyle, Filed On: June 27, 2023, Case #: A22A0739, Categories: Civil Procedure, Negligence, Wrongful Death
J. Neals allows plaintiff to continue claims contending a hospital failed to pay for electronic medical record software because the complaint alleges the company is a subsidiary of a corporation in Delaware and Illinois, which establishes diversity of citizenship. Meanwhile, the company was not a party to the settlement in a previous related action.
Court: USDC New Jersey, Judge: Neals, Filed On: June 27, 2023, Case #: 2:21cv3673, NOS: Other Contract - Contract, Categories: Civil Procedure, Jurisdiction, Contract
J. Ashe denies a request by a contracting company to halt enforcement of a monetary judgment against it and in favor of its surety for a construction project, pending the company’s appeal of an adverse trial verdict. The contractors failed to provide satisfactory evidence of collateral security totaling $2,563,930 to satisfy judgment. Further, the bulk of the collateral security that the surety now holds is not cash but property, including personal cars, a boat and retirement accounts. That property could “rapidly depreciate or dissipate” during the time it will take for resolution of the contractors’ appeal.
Court: USDC Eastern District of Louisiana , Judge: Ashe, Filed On: June 27, 2023, Case #: 2:18cv2885, NOS: Other Contract - Contract, Categories: Construction, Insurance, Enforcement Of Judgments
J. Wolford dismisses claims contending restaurants were wrongfully denied grants under the restaurant revitalization fund during the Covid-19 pandemic because the restaurants were not ahead of others during the priority period, and funding ran out before the lawsuit commenced. Further, the lawsuit does not seek an injunction affecting any future action, and proposed amendments would be futile absent viable damages against the fund administrator.
Court: USDC Western District of New York, Judge: Wolford , Filed On: June 27, 2023, Case #: 6:22cv6337, NOS: Other Civil Rights - Civil Rights, Categories: Immunity, Agency
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Per curiam, the Louisiana high court remands the matter to the district court to reconsider an injured construction worker's exceptions including the exception of no cause of action, in light of Moreno, regarding third party demand claims against the defendant construction company and the defendant university where the renovations were taking place. In this case, the plumber does not allege that the third party, as a general contractor, is liable to him outside of the third party's negligence or fault.
Court: Louisiana Supreme Court, Judge: Per curiam, Filed On: June 27, 2023, Case #: 2022-C-01715, Categories: Construction, Contract
Per curiam, the Fifth Circuit finds the district court properly granted summary judgment to the law enforcement officers on qualified immunity grounds in this civil suit alleging excessive force was used during a narcotics investigation resulting in the death of two subjects. After investigators boxed the subjects into a parking space, the investigation’s target aggressively reversed from the space causing the officers to open fire, killing him as well as a passenger, who was uninvolved. “Graham” factors are all met because the distribution of heroin and cocaine are serious offenses. The vehicle was “weaponized” against the personnel and others, with the driver actively resisting or evading. An officer toward whom the car accelerated was justified in using deadly force. Affirmed.
Court: 5th Circuit, Judge: Per curiam, Filed On: June 27, 2023, Case #: 21-30672, Categories: Immunity, Police Misconduct
J. Katsas upholds the district court's finding for the Department of Homeland Security on a trade association's challenge to a change in guidance that requires employers to amend paperwork for H-1B visa-based employees who change their place of employment. Although the association has Article III standing, it fails to show the agency lacks the authority to make this change. Affirmed.
Court: DC Circuit, Judge: Katsas, Filed On: June 27, 2023, Case #: 22-5074 , Categories: Administrative Law, Employment, Immigration
J. Thapar finds the lower court properly denied defendant's motion to vacate his sentence on ineffective assistance grounds. His attorney's failure to file an appeal was the direct result of defendant's own instructions, which included an agreement not to file an appeal as long as he was not treated unfairly during sentencing. Although defendant told his attorney "you was no help" after he was sentenced, he never requested an appeal and was sentenced below applicable guidelines. Affirmed.
Court: 6th Circuit, Judge: Thapar, Filed On: June 27, 2023, Case #: 22-5587, Categories: Ineffective Assistance, Sentencing
J. Peterson finds in favor of the patent holder in his lawsuit alleging the medical supply company breached a settlement agreement from his previous patent infringement suit by ceasing paying him royalties from the sale of certain medical products covered by his patent. Even in light of a claim construction of the patent in a recent federal circuit court decision, the settlement agreement requires the company to pay the disputed royalties, and the company's unreasonable interpretation allowing it to avoid paying and revive litigation would undermine the central, unambiguous purpose of the agreement. The patent holder's motion for judgment on the pleadings as to the company's liability is granted, the company is ordered to pay him $498,178 in withheld royalties and the parties are ordered to bring filings arguing whether he is entitled to prejudgment interest.
Court: USDC Western District of Wisconsin, Judge: Peterson, Filed On: June 27, 2023, Case #: 3:22cv381, NOS: Other Contract - Contract, Categories: Patent, Settlements, Contract
Per curiam, the supreme court finds the attorney oversight agency properly called for a two-year suspension of William Green's Wisconsin law license for 24 counts of professional misconduct, including a failure to promptly make filings on behalf of and communicate with multiple clients in their bankruptcy cases and refusing to refund them unearned fees. Because Green has failed to respond to the agency's cases, a default judgment is entered against him, and he is ordered to pay a total of $7,494 in restitution to his clients as well as the $707 cost of his disciplinary proceeding.
Court: Wisconsin Supreme Court, Judge: Per curiam, Filed On: June 27, 2023, Case #: 2022AP001212-D, Categories: Attorney Discipline
[Consolidated.] J. Hodges finds that the trial court properly granted the hospital's motion to dismiss a patient's vicarious liability claim in a medical malpractice renewal action arising from injuries the patient suffered due to an alleged failure to properly diagnose sepsis. The original action did not contain a claim against the hospital based on the nurse's acts or omissions and the trial court correctly found that the claim in the renewal action was new and barred by the two-year statute of limitation. The trial court incorrectly denied the hospital's motion to dismiss the patient's professional malpractice claims as barred by the statute of repose. Covid-19 emergency judicial orders did not toll the statute of repose. Affirmed in part.
Court: Georgia Court of Appeals, Judge: Hodges, Filed On: June 27, 2023, Case #: A23A0118, Categories: Negligence, Medical Malpractice
J. Ebel finds that the lower court in large part properly issued an award to a company that prevailed in a dispute with a competitor that was misrepresenting the ingredients in its products and manipulating reviews on Amazon. While the lower court erred by not considering the request for punitive damages, the award of profits, attorney fees and other costs were all supported by the record. More proceedings are called for regarding the punitive damages request. Affirmed.
Court: 10th Circuit, Judge: Ebel, Filed On: June 27, 2023, Case #: 21-4152 , Categories: Unfair Competition, Damages
J. Goldberg finds the trial judge abused her discretion by allowing the sole remaining physician sued for malpractice by a deceased patient’s estate to compel production of a complete, unredacted settlement agreement with a Rhode Island hospital and his fellow doctors. The amount that the settling doctors agreed to pay is not relevant to a determination of the remaining physician’s liability at trial.
Court: Rhode Island Supreme Court, Judge: Goldberg, Filed On: June 27, 2023, Case #: 2022-22, Categories: Settlements, Discovery, Medical Malpractice
J. Alvarez uhpolds the lower court's reinstatement of its summary judgment order, in which it found for an insurer on a driver's extra-contractual claims arising from a car collision. The driver failed to provide evidence to support his claim for attorney fees, and the trial court properly refused to grant him a continuance based, in part, on his lack of due diligence. Affirmed.
Court: Texas Courts of Appeals, Judge: Alvarez, Filed On: June 27, 2023, Case #: 04-22-00055-CV , Categories: Civil Procedure, Insurance, Attorney Fees
J. Chun grants default judgement to the Texas corporation for its claim that the Chinese corporation unlawfully copied 19 of the former's original photographs and used them to market its products on Amazon. A reasonable consumer would likely confuse the Chinese corporation's copies with the Texas corporation's products because the images and titles that the Chinese corporation used in its Amazon listings are identical to the Texas corporation's photographs and marks. The Texas corporation is entitled to an injunction and $47,900 in costs.
Court: USDC Western District of Washington, Judge: Chun, Filed On: June 27, 2023, Case #: 2:22cv1413, NOS: Copyrights - Property Rights, Categories: Copyright, Damages, Injunction
J. Anderson adopts the recommendation of the magistrate judge and dismisses this case as a sanction, based on the plaintiff company's failure to provide initial disclosures. The company has provided "no valid justification" for failing to comply with "a clear court order." The dismissal will be without prejudice, however.
Court: USDC Western District of Tennessee , Judge: Anderson, Filed On: June 27, 2023, Case #: 1:22cv1115, NOS: Insurance - Contract, Categories: Civil Procedure, Sanctions, Discovery
J. Lawrence enters default judgment against a meat supplier on a professional food industry photography company's copyright claims, finding the supplier willfully displayed the copyrighted photograph on its website without purchasing a yearly subscription to the company's service. The court awards the company $23,970 in statutory damages, plus $2,071 in attorney fees and $512 in costs. The court further issues a permanent injunction prohibiting the supplier from infringing on the company's copyrighted works.
Court: USDC Northern District of New York, Judge: Lawrence, Filed On: June 27, 2023, Case #: 1:22cv704, NOS: Copyrights - Property Rights, Categories: Copyright, Attorney Fees
J. Dugan finds the circuit court improperly dismissed the park advocacy group's two petitions for judicial review challenging the natural resources department's approval of a plan to build a new snowmobile trail in a state park, which the group did in part because the department inadequately considered the environmental impacts of the trail. The group, as a Chapter 181 corporation under Wisconsin law with a written agreement with the department to operate as a "friends group" to use its efforts to assist and support the department and the state park, has both the capacity and standing to sue the department, neither of which it has waived, and neither of which are barred by the details of its articles of incorporation. The circuit court's decisions are overturned and the matter is remanded for further proceedings. Reversed.
Court: Wisconsin Court of Appeals, Judge: Dugan, Filed On: June 27, 2023, Case #: 2022AP001127, Categories: Administrative Law, Environment
J. Doyle finds that the trial court improperly ruled in favor of a truck driver and employer in a wrongful death action brought by an estate representative arising from the decedent's death in a car collision with the truck driver. Questions of fact exist as to whether the truck driver left his lane of travel before hitting the decedent's car and whether he was negligent in leaving his lane of travel. Reversed in part.
Court: Georgia Court of Appeals, Judge: Doyle, Filed On: June 27, 2023, Case #: A23A0104, Categories: Negligence, Wrongful Death
J. Parker finds that the lower court properly entered judgment for the appellee builder in this suit alleging breach of a construction contract. The individual appellant argues that he should not be personally liable for the alleged outstanding balance, but the record sufficiently shows that he "acted in his individual capacity" in authorizing the work. Affirmed.
Court: Texas Courts of Appeals, Judge: Parker, Filed On: June 27, 2023, Case #: 07-22-00247-CV, Categories: Construction, Contract
J. Hughes finds that the putative biological father in this case has no fundamental constitutional right to parent a child born to a mother, who was married to and living with another man at the time of the child’s conception and birth. Under statute, a biological father is given a limited one-year
window in which to file a paternity action when there is a legal father. Based on the jurisprudence of the Supreme Court, there does not exist an unqualified fundamental right for the biological father to the child. Reversed.
Court: Louisiana Supreme Court, Judge: Hughes, Filed On: June 27, 2023, Case #: 2023-CJ-00060, Categories: Evidence, Family Law
J. Hodges finds that the trial court improperly granted the housing authority's motion to dismiss a premises liability and negligence action brought by an individual after he was shot four times by the housing authority's tenant at apartments owned by the housing authority. The trial court incorrectly found that the housing authority was an instrumentality, department or agency of the state entitled to sovereign immunity. The housing authority was not created by the state and its purpose, function and management are not intertwined with the state. Reversed.
Court: Georgia Court of Appeals, Judge: Hodges, Filed On: June 27, 2023, Case #: A23A0344, Categories: Immunity, Negligence, Premises Liability
J. Ellis finds that the lower court properly denied defendant's motion to suppress his murder confession. Defendant painted himself into a corner by lying to detectives. The detectives may have "played along" rather than disclosing their doubts, but that does not amount to police coercion. Further, the police did not inappropriately promise defendant any leniency based on his confession to the crime. Affirmed.
Court: Illinois Appellate Court, Judge: Ellis, Filed On: June 27, 2023, Case #: 191699, Categories: Murder, Search, Self Incrimination
J. Land denies the licensee's motion to dismiss a declaratory judgment action brought by the McDonald's charity organization seeking an order affirming that assets accumulated through fundraising using McDonald's trademarks can only be used for purposes consistent with the original license agreement. The agreement is not a personal contract as to both parties under Illinois law and the licensee's consent to the company's assignment of the agreement to the charity organization was valid.
Court: USDC Middle District of Georgia, Judge: Land, Filed On: June 27, 2023, Case #: 4:22cv207, NOS: Other Contract - Contract, Categories: Contract
J. Doyle finds that the trial court properly convicted defendant of trafficking in methamphetamine and correctly denied defendant's pretrial motion to suppress evidence of meth found in his car during a traffic stop. Police officers had reasonable suspicion to stop defendant's car. Even though a driver does not violate the law when he drives on, but does not cross over, a fog line, the law was ambiguous as to whether driving on a fog line amounted to a failure to maintain one's lane until the decisions in the instant case and another case earlier this month. The officer's mistaken belief that defendant's conduct violated the law was therefore objectively reasonable and the stop was justified. Affirmed.
Court: Georgia Court of Appeals, Judge: Doyle, Filed On: June 27, 2023, Case #: A23A0234, Categories: Drug Offender, Evidence
J. Dries finds State Farm must engage with the homeowners in the process of appraising damages to their home, particularly cracks in the stone basement wall, caused by explosive blasting to remove underground rock during construction at their neighbors' property. Because the parties disagree on the "amount of loss" and whether the damages can even be repaired without razing the home, the homeowners properly demanded appraisal as they have a right to under their policy and case law supports the dispute over damages being subject to appraisal, the homeowners motion for declaratory judgment compelling appraisal is granted.
Court: USDC Eastern District of Wisconsin, Judge: Dries, Filed On: June 27, 2023, Case #: 2:22cv734, NOS: Insurance - Contract, Categories: Insurance, Damages, Contract
J. Genovese vacates the trial court's declaration that Act 322, the statute that revived prescribed child sex abuse claims for a limited three-year period, is unconstitutional. There was a statutory basis for sustaining the exception of prescription without having to determine the constitutionality of Act 322, and the instant case was not in the proper procedural posture for constitutional review. Vacated in part.
Court: Louisiana Supreme Court, Judge: Genovese, Filed On: June 27, 2023, Case #: 2022-CA-01826, Categories: Civil Procedure, Constitution, Negligence