142 results for 'filedAt:"2023-09-19"'.
J. Houston rules that a hemp farm company may pursue Fourth Amendment claims against San Diego County officers related to the search of its farm and the destruction of $3 million worth of crops. The search warrant was defective because it did not mention the possibility that the company was legally cultivating hemp on its property and not marijuana. The officers also unreasonably dismissed the farm tenant's offer to show physical proof that the farm had a valid registration permit to grow hemp.
Court: USDC Southern District of California, Judge: Houston, Filed On: September 19, 2023, Case #: 3:20cv2082, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Constitution
J. Rubin dismisses the computer user's invasion of privacy and wiretapping law violations complaint accusing Papa John's of violating her privacy by recording her electronic activity, including keystrokes and mouse clicks, when she used its website. Because Papa John's is not headquartered in Maryland, the claims cannot proceed based on personal jurisdiction.
Court: USDC Maryland, Judge: Rubin, Filed On: September 19, 2023, Case #: 1:22cv3185, NOS: Other Statutory Actions - Other Suits, Categories: Privacy, Jurisdiction, Technology
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J. Suddaby finds in favor of an insurer and issues a declaration that it is not obligated to provide coverage for the alleged acts of its insureds' son, who was sued in state court for allegedly sexually assaulting an individual during a party at the insureds' home. The policy expressly excludes coverage for bodily injury as a result of actions that are considered "intentional and criminal acts".
Court: USDC Northern District of New York, Judge: Suddaby, Filed On: September 19, 2023, Case #: 1:21cv1039, NOS: Insurance - Contract, Categories: Insurance
J. Baldwin grants the debtor's request to extend discovery in this fair debt collection proceeding. The deposition of the collector's witness was taken just one week prior to the current discovery deadline. It was then that the debtor learned of the collector's recordkeeping practices, its telephone service provider, and the collections caller. Given that the debtor was only recently granted leave to amend, her complaint is anew and the responsive pleadings and defenses are unknown. It would have been impossible to conduct substantial discovery earlier.
Court: USDC Nevada, Judge: Baldwin , Filed On: September 19, 2023, Case #: 3:23cv71, NOS: Consumer Credit - Other Suits, Categories: Debt Collection, Due Process, Discovery
[Consolidated] J. Gill finds the circuit court improperly denied defendant's motions to dismiss 17 felony bail jumping charges he faced in his consolidated cases across at least three counties. In part because defendant's alleged bail jumping offenses were committed after he had been released from jail and re-arrested on a bench warrant but before he had returned to court, he no longer technically qualified as "having been released from custody" under Wisconsin's bail statutes, as a bench warrant being issued is among the types of court actions establishing that a defendant is no longer "released from custody." The circuit court's non-final orders are overturned and the case is remanded to dismiss the 17 bail jumping counts. Reversed.
Court: Wisconsin Court of Appeals, Judge: Gill, Filed On: September 19, 2023, Case #: 2022AP000658-CR, Categories: Criminal Procedure, Bail, Obstruction
J. Colvin answers two questions certified to the Georgia Supreme Court by the U.S. District Court for the Northern District of Georgia in a wrongful death and product liability action brought against Ford arising from the decedent's death from injuries he suffered in a car collision. Reckless conduct is a standalone exception to the ten-year statute of repose. The statute of repose therefore does not apply to a product liability claim sounding in negligence that arises from conduct which manifests reckless disregard for life or property.
Court: Georgia Supreme Court, Judge: Colvin, Filed On: September 19, 2023, Case #: S23Q0625, Categories: Product Liability, Wrongful Death
J. Shea denies the tenant's motion for a new trial, ruling the jury's finding of liability on the landlord's part for emotional distress and slander did not require an award for damages. The jury instructions explicitly separated liability and damages on each count, which allowed for a verdict in favor of the tenant without damages, especially considering the tenant failed to provide concrete evidence of any damage to his reputation.
Court: USDC Connecticut, Judge: Shea, Filed On: September 19, 2023, Case #: 3:19cv756, NOS: Housing/Accommodations - Civil Rights, Categories: Landlord Tenant, Damages, Emotional Distress
J. Calabrese denies the competitors' motion for attorney fees, ruling that communications between the competitors and several principal agents of the company who filed suit for trade secret violations gave it legitimate reasons to pursue its lawsuit into the discovery phase, which prevents the award of fees for bad faith.
Court: USDC Northern District of Ohio, Judge: Calabrese, Filed On: September 19, 2023, Case #: 1:20cv1803, NOS: Other Contract - Contract, Categories: Trade Secrets, Attorney Fees, Contract
J. Hicks grants and reduces a mother’s request for attorney fees and expenses incurred in litigating a parental kidnapping case against the child’s father in the U.S. and expediting the return of their son to his habitual residence in Honduras. While there is international case law to support the mother’s request for $71,187 in fees and expenses, such an award in would be “patently unreasonable.” Because of the father’s unemployment and financial condition, the fee and expense award against him is reduced by 15%, down to $60,509.
Court: USDC Western District of Louisiana , Judge: Hicks, Filed On: September 19, 2023, Case #: 5:22CV1053, NOS: Other Statutory Actions - Other Suits, Categories: Family Law, International Law, Attorney Fees
J. Kobayashi grants the bank's motion to remand a foreclosure proceeding. Although one of the homeowners who asked for removal was only added as a defendant in an amended complaint a year after the initial complaint, the amended complaint is not considered an entirely new action. The request for removal was, therefore, untimely as it was filed more than a year since the initial foreclosure.
Court: USDC Hawaii, Judge: Kobayashi, Filed On: September 19, 2023, Case #: 1:23cv44, NOS: Foreclosure - Real Property, Categories: Jurisdiction, Foreclosure
J. Murray finds that the lower court properly granted the motion for summary judgment filed by a children's services center and one of its employees in this negligence action filed by the estate of a family member who was attacked with a steak knife in his own home by one of the center's released teenage patients. The trial court's reasoning is supported by law. Affirmed.
Court: Pennsylvania Superior Court, Judge: Murray, Filed On: September 19, 2023, Case #: J-A20020-23, Categories: Negligence, Wrongful Death
J. Hardin-Tammons finds that the lower court properly found for the school district on personal injury claims stemming from a student's collusion with a wall during gym class. The student cannot show the gym wall was in a dangerous condition at the time of the injury. Affirmed.
Court: Missouri Court Of Appeals, Judge: Hardin-Tammons, Filed On: September 19, 2023, Case #: ED111319, Categories: Tort, Immunity
Per curiam, the Supreme Court of Ohio grants a limited writ of mandamus to the reproductive rights advocacy groups, ruling the term "citizens of the State" is misleading as it is used in the ballot language because it might confuse voters and lead them to believe the constitutional amendment would limit the rights of individuals to oppose abortion. Therefore, the term "citizens of the State" will be replaced with "the state." However, the use of the term "unborn child" instead of "fetus" is not overly argumentative and is factually accurate, and so any further changes to the ballot language are unnecessary.
Court: Ohio Supreme Court, Judge: Per curiam, Filed On: September 19, 2023, Case #: 2023-Ohio-3325, Categories: Elections, Health Care
Per curiam, the circuit finds the district court properly dismissed a contract claim brought by the CEO of a software company which was acquired by the holdings corporation. The CEO says that the president of the corporation promised him a $20 million "kicker" to support the sale. The contract contains a valid clause to select a forum through which to seek enforcement of the alleged oral contract, designating the Court of Chancery of the State of Delaware. Affirmed.
Court: 5th Circuit, Judge: Per curiam, Filed On: September 19, 2023, Case #: 21-50431, Categories: Corporations, Venue, Contract