128 results for 'filedAt:"2023-09-25"'.
J. Richman finds that the trial court erred in upholding certain redactions from documents that the Oakland Police Department provided to reporters seeking information about the Celeste Guap scandal, in which officers had sex with Guap, who was underaged. Under the Public Records Act, police training and policy recommendations, witness statements about Guap's social-media use and parts of statements she made to investigators should not have been redacted. Also, the Act provision that allows the redaction of the names of police officers who serve as witnesses does not extend to officers who witness police misconduct. Vacated.
Court: California Courts Of Appeal, Judge: Richman, Filed On: September 25, 2023, Case #: A165187, Categories: Civil Rights, Public Record
J. Duffy finds the lower court erroneously granted State Farm's motion to dismiss the policyholder's suit to recover uninsured motorist benefits. Although he settled with the tortfeasor without the company's written consent, State Farm's failure to respond to his notice about the settlement offer within a year may have voided that provision of the parties' contract. Although consent to settle provisions are typically enforceable, evidence in this case could allow a jury to infer State Farm had a reasonable opportunity to withhold its consent but failed to do so, which would waive that portion of the policy. Reversed.
Court: New Mexico Court of Appeals, Judge: Duffy, Filed On: September 25, 2023, Case #: A-1-CA-37133, Categories: Insurance, Contract
J. Kobayashi finds in favor of a former employee of a laboratory services company accused by the company of violating a non-complete clause. The employee is entitled to attorney fees in the amount of $19,532 for his successful defense against the company's Defend Trade Secrets Act and Hawai'i Uniform Trade Secrets Act claims that were brought in bad faith. He is also entitled to unpaid wages of $354,000 pursuant to the jury's verdict and a civil penalty in the amount of $354,000, plus $84,000 in interest.
Court: USDC Hawaii, Judge: Kobayashi, Filed On: September 25, 2023, Case #: 1:19cv310, NOS: Recovery of Overpayment & Enforcement of Judgment - Contract, Categories: Trade Secrets, Damages, Attorney Fees
J. Talwani denies members of the commercial fishing industry's motion to strike documents from, and supplement, the administrative record. They fail to identify the corrections to the document to which they take issue, or to explain why those corrections were errors.
Court: USDC Massachusetts, Judge: Talwani, Filed On: September 25, 2023, Case #: 1:22cv11172, NOS: Environmental Matters - Other Suits, Categories: Environment, Maritime, Discovery
Want access to unlimited case records and advanced research tools? Create your free CasePortal account now. No credit card required to register.
Try CasePortal for Free
J. Gonzalez terminates a court-ordered stay and subsequently dismisses a property owner's takings and equal protection claims alleging a village located on the northern shore of Long Island wrongfully denied her applications to build a fence across a portion of a private path on her property that residents are using to travel between two public roads. Both claims are untimely and she fails to rebut the village's arguments that the proposed fence would create health and safety issues for the village's residents.
Court: USDC Eastern District of New York, Judge: Gonzalez, Filed On: September 25, 2023, Case #: 2:20cv3298, NOS: Other Civil Rights - Civil Rights, Categories: Municipal Law, Property, Equal Protection
J. Grimberg grants the distributor's motion for default judgment in an action against the bar to recover for the unauthorized interception and exhibition of a copyrighted fight program. The distributor sufficiently alleged that the bar received the program through an unauthorized cable system, streamed it through the internet to display for patrons and failed to pay a commercial licensing fee. Statutory damages are awarded to the distributor in the amount of $3,500. The distributor is entitled to $2,400 in attorney fees.
Court: USDC Northern District of Georgia, Judge: Grimberg, Filed On: September 25, 2023, Case #: 1:22cv1248, NOS: Cable/Sat TV - Other Suits, Categories: Damages, Attorney Fees
J. Wright partially rules in favor of the contractor in a breach of contract action against the subcontractor arising from microtunneling work performed as part of a water main construction project. The contractor's motion for summary judgment is granted as to the subcontractor's counterclaims for breach of contract, misappropriation of property and professional negligence but denied as to the wrongful termination, warranty and prompt payment counterclaims. The contractor's motion to exclude an estimator's testimony is granted to the extent that his opinions on engineering and geological topics are beyond his area of expertise. The motion is denied in all other respects. The subcontractor's motion to exclude testimony from a geotechnical engineer and a scheduling and damages expert is denied. The contractor's motion to exclude testimony from a construction expert and a hydrogeology expert is also denied.
Court: USDC Minnesota, Judge: Wright, Filed On: September 25, 2023, Case #: 0:20cv808, NOS: Other Contract - Contract, Categories: Experts, Contract
J. Oetken grants the rapper Ginwuine's motion to dismiss copyright claims filed by the co-author of a soul single "Help Me Put Out The Flame (In My Heart)", alleging that the rapper used the introduction to his song in two songs "Paper Chase," and "Toe 2 Toe." The three-bar guitar riff is substantially similar to prior works in the public domain, and subtle rhythmic differences are not enough to merit copyright protection.
Court: USDC Southern District of New York, Judge: Oetken, Filed On: September 25, 2023, Case #: 1:20cv3535, NOS: Copyrights - Property Rights, Categories: Copyright
J. Thomson finds the lower court improperly allowed the state's expert witness to testify about the cultural differences between the child's current family and the Native American tribe, as well as the possible permanent damage resulting from placement with her abusive parents. The witness failed to establish adequate credentials and experience regarding permanent damage. However, because the state made a good faith effort to provide expert testimony in both categories, the case will be remanded to allow for a new hearing with proper witnesses. Reversed in part.
Court: New Mexico Supreme Court, Judge: Thomson, Filed On: September 25, 2023, Case #: S-1-SC-39139, Categories: Family Law, Native Americans, Experts
Per curiam, the appeals court finds that the trial court properly convicted defendant of child molestation. The trial court correctly made a threshold determination in ruling that there was no reasonable probability that the victim's prior allegation of sexual abuse against her biological father was false and excluded evidence of the outcry. Affirmed.
Court: Georgia Court of Appeals, Judge: Per curiam, Filed On: September 25, 2023, Case #: A23A0713, Categories: Sex Offender, Child Victims
J. Chuang partially declines to dismiss a complaint stemming from a U.S. Marshall Service canine biting the girlfriend of man being arrested. The canine the officers brought with them to help with the arrest of the boyfriend was trained to bite the first person it saw upon entry into a room, which was the girlfriend. A genuine dispute of material fact exists as to whether the officers were aware that the girlfriend would be present during the execution of the warrant.
Court: USDC Maryland, Judge: Chuang, Filed On: September 25, 2023, Case #: 8:20cv845, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Negligence, Police Misconduct
J. Casper grants summary judgment against a teacher and school board member who was fired after she was found to have a history of creating and promoting homophobic, transphobic and anti-critical race theory content on TikTok. She claims her First Amendment right to free speech was violated but, as a public government figure, her right to that freedom must be balanced with the goals and wellbeing of the public, including her school district's LGBTQ+ and Black students, and of her state employer.
Court: USDC Massachusetts, Judge: Casper, Filed On: September 25, 2023, Case #: 1:21cv11917, NOS: Other Civil Rights - Civil Rights, Categories: Education, Employment, First Amendment
J. Kendall grants the defendant insurance company's motion for summary judgment, and denies the plaintiff insurance company's cross-motion for summary judgment, over who has a duty to defend a construction company in an underlying contract suit. The court finds the defendant insurance company has no such duty to defend.
Court: USDC Northern District of Illinois, Judge: Kendall, Filed On: September 25, 2023, Case #: 1:20cv992, NOS: Insurance - Contract, Categories: Construction, Insurance, Contract
J. Reyes grants default judgment to several individuals on their claims arising from a terrorist attack by the Taliban in 2016 at Camp Sullivan in Kabul, Afghanistan. Twelve of the 13 camp residents who were injured in the attack, along with nine immediate family members, have provided sufficient evidence to show the Islamic Republic of Iran should be held liable for the attack for its support of the Taliban.
Court: USDC District of Columbia, Judge: Reyes, Filed On: September 25, 2023, Case #: 1:19cv2518, NOS: Other Personal Injury - Torts - Personal Injury, Categories: Terrorism
J. Dugan rules a former student may pursue deliberate indifference claims against a school district. The former student sufficiently showed in court that the district failed to prevent school employees, several teachers and coaches, from engaging in sexually inappropriate behavior toward female students, which included rape and other forms of sexual abuse.
Court: USDC Southern District of Illinois, Judge: Dugan, Filed On: September 25, 2023, Case #: 3:22cv2727, NOS: Education - Civil Rights, Categories: Civil Rights, Education, Tort
J. Schroeder agrees with the findings and conclusions of the magistrate judge and grants-in-part summary judgment to the beneficiary on the claim for wrongful denial of benefits under the Employment Retirement Income Security Act. The insurer's objections are overruled, and the beneficiary is entitled to accidental death benefits since recovery is not barred by any of the cited policy exclusions.
Court: USDC Eastern District of Texas , Judge: Schroeder, Filed On: September 25, 2023, Case #: 5:21cv143, NOS: Insurance - Contract, Categories: Erisa, Insurance, Contract
J. Benitez denies MillerCoors' request for a new trial after a jury awarded Stone Brewing $56 million in damages following a three-week trademark infringement trial over MillerCoors' use of the craft brewer's "stone" trademark to advertise and market the rebranded Keystone Light economy beer. The jury's award amounted to only 25% of the damages Stone sought and was not "clearly excessive." The jury was entitled to give weight to Stone's expert's testimony regarding lost profits and future lost profits.
Court: USDC Southern District of California, Judge: Benitez, Filed On: September 25, 2023, Case #: 3:18cv331, NOS: Trademark - Property Rights, Categories: Trademark, Damages