108 results for 'filedAt:"2023-08-28"'.
J. Boulee grants Google's motion to dismiss an antitrust action brought by an individual alleging that Google drove search traffic to YouTube copies of videos launched on the individual's video platform instead of to the original content. The individual alleged that Google's anticompetitive practices prevented his platform from gaining visibility. The individual failed to show that he suffered an antitrust injury in his individual capacity. The alleged harms were suffered by the video platform, not the individual.
Court: USDC Northern District of Georgia, Judge: Boulee, Filed On: August 28, 2023, Case #: 1:22cv4204, NOS: Antitrust - Other Suits, Categories: Antitrust
J. Matsumoto adopts a magistrate’s report and recommendation and preserves, in part, a putative class action lawsuit against Geico on allegations that it exposed its customers’ driver’s license numbers through the use of an autofill feature on its sales website. The court allows claims for negligence and equitable relief, as well as a claim under the Driver’s Privacy Protection Act to proceed to trial, finding the class members sufficiently allege Geico knowingly disclosed their private information.
Court: USDC Eastern District of New York, Judge: Matsumoto, Filed On: August 28, 2023, Case #: 1:21cv2210, NOS: Other Personal Injury - Torts - Personal Injury, Categories: Privacy, Class Action, Technology
J. Chang grants an insurance policyholder’s motion for a declaration that this insurance dispute, over whether and what amount of coverage an insurance company owes the policyholder for his property’s ice damage, is best settled via an appraisal process.
Court: USDC Northern District of Illinois, Judge: Chang, Filed On: August 28, 2023, Case #: 1:23cv905, NOS: Insurance - Contract, Categories: Insurance, Damages, Contract
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J. Vazquez partially grants the automakers' motion to dismiss the consumers' putative class action suit alleging that the automakers knowingly sold cars with likely-to-fail turbocharging systems without disclosing them. The consumers' fraud claims are dismissed, since the consumers have not pleaded sufficient facts to reasonably infer that the automakers had knowledge of the defect before the sales of the cars, and their express warranty claim fails for much the same reason. A negligent misrepresentation claim survives, since it is neither time-barred nor clearly barred by the economic loss doctrine.
Court: USDC New Jersey, Judge: Vazquez, Filed On: August 28, 2023, Case #: 2:22cv4163, NOS: Other Contract - Contract, Categories: Fraud, Warranty, Class Action
J. Clark denies the prisoner's motions for leave to file a late notice of claim, for the appointment of pro bono counsel and to stay a deadline for service of an affidavit of merit in a case alleging failures to provide adequate medical care. The prisoner has failed to demonstrate extraordinary circumstances leading to his failure to comply with notice requirements, and only one of the six factors used to determine whether appointment of pro bono counsel is appropriate weighs in favor of the prisoner. The deadline stay motion is moot.
Court: USDC New Jersey, Judge: Clark, Filed On: August 28, 2023, Case #: 2:23cv373, NOS: Civil Rights - Habeas Corpus, Categories: Civil Rights, Prisoners' Rights
J. Shaw upholds the examining attorney's refusal to register a mark that consists of the face of a computer game character for computer game programs and software. The mark identifies a character within the applicant's game, rather than an indicator of his products.
Court: Trademark Trial and Appeal Board, Judge: Shaw, Filed On: August 28, 2023, Case #: 97115036, Categories: Trademark
J. Ross reverses the driver's conviction for operating a motor vehicle while using a cellular device, finding that the driver was neither "reading an electronic message" or "engaging in a cellular phone call" when he picked up his phone to view the caller-identification information of an incoming spam call. The driver's argument that a 2021 amendment to the driver's-license-suspension statute requires vacation of his driving-while suspended conviction fails, however, since the amendment did not decriminalize driving with a suspended license. Reversed in part.
Court: Minnesota Court Of Appeals, Judge: Ross, Filed On: August 28, 2023, Case #: A22-1444, Categories: Evidence, Vehicle
J. Barbier grants summary judgment to two Louisiana banks and against a former criminal defendant who inherited $1.4 million dollars after serving time for bank fraud. The banks are entitled to split the admitted fraudster’s inheritance because they compensated his restitution victims’ losses. The ruling rejected the convicted felon’s “unsupported” argument that, because the banks compensated the restitution victims, they participated in his criminal conduct. The government maintains the admitted fraudster still owes over $6.7 million in restitution.
Court: USDC Eastern District of Louisiana , Judge: Barbier, Filed On: August 28, 2023, Case #: 2:22cv2819, NOS: Other Statutory Actions - Other Suits, Categories: Fraud, Real Estate, Banking / Lending
J. Williamowski finds defendant's attempted murder conviction was supported by sufficient evidence that included his declaration to several witnesses he "shot the motherfucker," meaning the victim, as well as the victim's testimony he pulled out his gun and shot at him without warning from a close distance. Meanwhile, the prosecution carried its burden to disprove defendant's theory of self-defense, which was contradicted by evidence he never told police he was afraid at the time he shot at the victim and that the victim had no weapon of any kind at the time of their disagreement. Affirmed in part.
Court: Ohio Court Of Appeals, Judge: Williamowski, Filed On: August 28, 2023, Case #: 2023-Ohio-3015, Categories: Murder, Self Defense
J. Carnes finds that the district court properly dismissed a father's federal and state false arrest claims in an action against the city. The action arose from the father's arrest and prosecution for murder after shooting his unarmed son. The father was later acquitted. The police officers had probable cause to believe that the father did not shoot the son in self-defense. The father failed to allege that the officers were offered but ignored exculpatory evidence that would have ruled out probable cause. The district court also correctly denied the father's motion for a new trial after a jury found in favor of the city on his civil rights claim arising from the search of his home. The district court did not commit any error by refusing to give a requested jury instruction on a custom or practice theory of municipal liability. Affirmed.
Court: 11th Circuit, Judge: Carnes, Filed On: August 28, 2023, Case #: 20-11994, Categories: Civil Rights
J. Gonzalez enters judgment in favor of the city of Yonkers, its police department and Home Depot on a self-represented litigant’s claims for civil rights violations stemming from his arrest on charges of credit card fraud. Based on the evidence presented to the court, probable cause existed to initiate his arrest and charge him on suspicion that he opened a Home Depot credit card account in someone else’s name in order to purchase a large order of flooring supplies.
Court: USDC Eastern District of New York, Judge: Gonzalez, Filed On: August 28, 2023, Case #: 1:18cv7122, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Fraud, Police Misconduct
J. Landy grants the commissioner’s motion for summary judgment, ruling there is no abuse of discretion. The individual was properly issued a notice of intent of levy.
Court: U.S. Tax Court, Judge: Landy, Filed On: August 28, 2023, Case #: 2023-110, Categories: Tax
J. Wicker finds that the trial court should not have disqualified a candidate for the office of Jefferson Parish Council District 3. The candidate provided evidence of his domicile on his driver's license, income tax returns, mail related to medical matters, and his notice of candidacy. Reversed.
Court: Louisiana Court Of Appeal, Judge: Wicker, Filed On: August 28, 2023, Case #: 23-CA-415, Categories: Elections, Evidence
J. Marbley grants the city's motion for summary judgment, ruling the police officers assigned to administrative duty after they made critical comments about their superiors cannot bring First Amendment claims. The complaints about mistreatment involve personnel matters and, therefore, do not constitute protected speech. Meanwhile, the officers' due process claims fail as a matter of law because there is no property interest in the opportunity to work overtime, especially given the department's policy of restricting shifts for officers who are under investigation for misconduct like the ones at issue in this case.
Court: USDC Southern District of Ohio, Judge: Marbley, Filed On: August 28, 2023, Case #: 2:21cv940, NOS: Other Civil Rights - Civil Rights, Categories: Employment, Due Process, First Amendment
J. Baxter dismisses claims seeking unpaid wages in the form of a bonus because the employee was fired on December 15, 2021, and the incentive was conditioned on his employment status through the end of the year.
Court: USDC Western District of Pennsylvania, Judge: Baxter, Filed On: August 28, 2023, Case #: 1:22cv206, NOS: Other Contract - Contract, Categories: Employment, Fraud, Contract
J. Saylor partially denies a city’s motion for summary judgment against a former police detective suing it for allegedly violating his First, Fifth and 14th Amendment constitutional rights and some state laws by terminating his employment after he complained about corruption in the city’s police department. The former detective’s complaint occurred after it was recommended that he be terminated, but the actual decision to terminate him came after he wrote a series of letters accusing the individual who discharged him of unethical behavior, and that decision was made without the normal amount of interviewing of relevant witnesses.
Court: USDC Massachusetts, Judge: Saylor, Filed On: August 28, 2023, Case #: 1:21cv10867, NOS: Other Civil Rights - Civil Rights, Categories: Employment Retaliation, First Amendment, Police Misconduct
J. Lucci finds the trial court properly denied defendant's motion to dismiss on speedy trial grounds. Competency hearings and defendant's numerous discovery motions tolled his speedy trial clock. Furthermore, although the victim admitted she had consensual sex with defendant several times during the course of events that led to his kidnapping and rape charges, the jury did not lose its way when it found her testimony about his actions credible and convicted him. Affirmed.
Court: Ohio Court Of Appeals, Judge: Lucci, Filed On: August 28, 2023, Case #: 2023-Ohio-3019, Categories: Sex Offender, Kidnapping, Speedy Trial
J. Mullins finds the trial court properly precluded defendant's attorney from questioning prospective jurors abouts parents who display affection for their children by kissing them on the lips. Defense counsel was still able to ask general questions about displays of affection and chose not to question more than half the jurors about such interactions, while the state did not focus its case on defendant's propensity to kiss his daughters on the lips. Meanwhile, the trial court properly admitted the video interview of the victim, which provided details not contained in her trial testimony and was crucial to the state's case regarding defendant's sexual assault charges. Affirmed.
Court: Connecticut Supreme Court, Judge: Mullins, Filed On: August 28, 2023, Case #: SC20693, Categories: Jury, Sex Offender, Child Victims
Per curiam, the Fifth Circuit finds the district court improperly dismissed a lawsuit alleging a now-deceased teacher sexually assaulted a summer camp attendee when he was 10 or 11 in 1968 or 1969. Though the court granted the school’s motion for dismissal on grounds that the injured party’s cited “Revival Provision” violated the Louisiana Constitution’s due process clause, in fact, the Louisiana Supreme Court recently vacated an identical decision, holding that in enacting the provision the legislature “did not clearly express an intent to revive prescribed sexual abuse claims occurring prior to 1993.” The provision revives only certain actions brought up to 10 years after the minor attained the age of majority and is silent as to claims that would have already been prescribed at the time of its enactment. The Revival Provision is inapplicable and the case should be dismissed for that reason. On remand the court may consider whether the complaint should be dismissed with leave to amend. Vacated and remanded.
Court: 5th Circuit, Judge: Per curiam, Filed On: August 28, 2023, Case #: 22-30407, Categories: Constitution, Due Process, Assault
J. Rodriguez declines to dismiss claims contending Dish Network infringed U.S. Patent No. 9,392,302 because the parties were in early discovery stages.
Court: USDC Colorado, Judge: Rodriguez, Filed On: August 28, 2023, Case #: 1:22cv3037, NOS: Patent - Property Rights, Categories: Civil Procedure, Patent, Discovery
J. Hightower grants the employee's partial motion for summary judgment in a negligence action brought by the driver arising from a car collision. The driver's gross negligence and negligent hiring claims are dismissed. The driver failed to show that the employee's acts or omissions involved an extreme degree of risk or that he knew risk was involved but proceeded anyway with conscious indifference to the welfare of others. The driver also failed to present evidence showing that the employer breached its duty to properly hire, train or supervise the employee or that the employee was an incompetent driver.
Court: USDC Western District of Texas , Judge: Hightower, Filed On: August 28, 2023, Case #: 1:21cv1063, NOS: Motor Vehicle - Torts - Personal Injury, Categories: Negligence