183 results for 'filedAt:"2023-09-26"'.
J. Hutchinson finds that the lower court properly convicted defendant of threatening a public official for sending threatening electronic messages to two probation officers through a jail kiosk system. Probation officers are public officials under the definition of the crime because their office is established by statute and the discharge a public duty. Affirmed.
Court: Illinois Appellate Court, Judge: Hutchinson, Filed On: September 26, 2023, Case #: 220288, Categories: Threats
J. Ramirez holds that the trial court properly denied defendant's petition to vacate a murder conviction because of changes to the felony-murder rule, as he was the actual shooter. Although a determination of which of the robbers actually shot the store clerk was not litigated, defendant confessed that he shot the clerk because the clerk recognized him. That confession matched other evidence, so it was litigated for the purposes of collateral estoppel. Affirmed.
Court: California Courts Of Appeal, Judge: Ramirez, Filed On: September 26, 2023, Case #: E078627, Categories: Murder, Robbery
J. Chasanow denies a subprime credit card loan originator’s motion to compel arbitration in this class action suit brought by a group of borrowers. According to the agreement the borrowers signed, arbitration is necessary when “required by law,” but the agreement fails to define any such law and so cannot be enforced.
Court: USDC Maryland, Judge: Chasanow, Filed On: September 26, 2023, Case #: 8:23cv827, NOS: Consumer Credit - Other Suits, Categories: Arbitration, Class Action, Contract
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J. O'Connor grants, in part, the government's action seeking to enjoin individuals from constructing or maintaining certain structures on an easement near a lake allotted for flooding. The individuals' sheds, patios, porches, carports and electrical utilities are all considered structures prohibited under the terms of the easement at issue.
Court: USDC Northern District of Texas , Judge: O'Connor, Filed On: September 26, 2023, Case #: 4:21cv1257, NOS: Torts to Land - Real Property, Categories: Property, Injunction
J. Coogler grants Pickens County Commission's motion for summary judgment following allegations of race discrimination brought by a Black female clerical employee. The employee argues that two co-workers of a different race received higher raises than her, but she has no evidence to prove this. Furthermore, those co-workers had "different work experience, different job duties, and different job titles," so they were not similarly situated in all material respects.
Court: USDC Northern District of Alabama , Judge: Coogler, Filed On: September 26, 2023, Case #: 7:20cv1922, NOS: Employment - Civil Rights, Categories: Employment, Employment Discrimination
J. Gustafson finds that the trial court properly allowed a physician to testify about the signs and symptoms of a hypothetical strangulation, leaving the jury to apply the law to the facts before it convicted defendant of strangulation of a partner. Admission of a jail guard's characterization of the unit housing defendant as the "high-risk, violent crimes pod" was harmless error. A recording from a separate, previous hearing involving defendant and his victim was not hearsay since the statements were probative and made under oath. Also, defendant failed to show he was prejudiced by a juror who checked his phone and dozed off. Affirmed.
Court: Montana Supreme Court, Judge: Gustafson, Filed On: September 26, 2023, Case #: DA 21-0323, Categories: Evidence, Domestic Violence, Experts
J. Hall grants the insurer's motion for summary judgment, ruling it has no duty to defend the policyholders in an underlying wrongful death lawsuit because the claims in the suit, which involve a drug overdose at the covered property, are excluded under the policy's controlled substance exclusion.
Court: USDC Connecticut, Judge: Hall, Filed On: September 26, 2023, Case #: 3:22cv41, NOS: Insurance - Contract, Categories: Insurance, Wrongful Death, Contract
J. Tunheim rules in favor of the mother and son in the amount of $107,000 in an action under the Federal Tort Claims Act against the government arising after they were injured in a collision with a postal service truck. The mother and son showed that the truck driver failed to exercise ordinary care and that his breach of the duty of care proximately caused the wreck. However, a third party driver is 65% at fault for the collision due to his failure to secure a ladder to a van. The postal truck driver is 35% at fault and the government is therefore only liable for 35% of the total damages award for the mother's and son's medical expenses, property damages and other damages.
Court: USDC Minnesota, Judge: Tunheim, Filed On: September 26, 2023, Case #: 0:21cv1747, NOS: Other Personal Injury - Torts - Personal Injury, Categories: Damages, Negligence
J. Schroeder grants in part a women’s intercollegiate lacrosse coaches organization’s motion for summary judgment against an event management company for trademark infringement. The company began using the organization’s logos and applied for trademarks for them when the parties disagreed on whether their 2020 tournament series should be cancelled due to the Covid-19 pandemic. The organization officially cancelled the series, but the company advertised that it would still be held. The company’s use of the logos evidences its violation of trademark law, and its refusal to cancel the series constitutes tortious interference with the parties’ contract as well as unfair trade practices.
Court: USDC Middle District of North Carolina, Judge: Schroeder, Filed On: September 26, 2023, Case #: 1:20cv425, NOS: Other Contract - Contract, Categories: Trademark, Unfair Competition, Interference With Contract
J. Schlitz denies the employee's insurer's motion to compel arbitration and dismiss a declaratory judgment action brought by the employer's insurer arising from a coverage dispute after the employee, a massage therapist, was sued for malpractice and settled for $1.6 million. The employer's insurer is not a party to the contract between the employee and the employee's insurer. The employer's insurer is not seeking or obtaining direct benefits from the employee's insurance policy and cannot be ordered to arbitrate.
Court: USDC Minnesota, Judge: Schlitz, Filed On: September 26, 2023, Case #: 0:22cv2018, NOS: Insurance - Contract, Categories: Arbitration, Insurance, Indemnification
J. Land finds that the trial court properly convicted defendant of armed robbery, false imprisonment, aggravated assault, burglary, cruelty to children and firearm offenses arising out of a home invasion. The trial court correctly denied defendant's motion for a mistrial after the state's timeline and work product inadvertently went back with the jury during deliberations for about 90 minutes. The trial court gave the jury a limiting instruction directing them not to consider the timeline during deliberations. The small amount of extra-judicial information on the timeline was non-prejudicial. Affirmed.
Court: Georgia Court of Appeals, Judge: Land, Filed On: September 26, 2023, Case #: A23A1078, Categories: Burglary, Jury, Robbery
J. Reidinger denies the Labor Department’s motion to dismiss allegations of Administrative Procedures Act violations after the department published a final rule on how it sets wage rates for temporary farm workers who are not U.S. citizens. A group of farms argues that the rule has already, and will continue to, hurt them financially by drastically increasing labor costs. They have already shown evidence that this is the case, so their complaint is not dismissed at this stage.
Court: USDC Western District of North Carolina, Judge: Reidinger, Filed On: September 26, 2023, Case #: 1:23cv96, NOS: Administrative Procedure Act/Review or Appeal of Agency Decision - Other Suits, Categories: Administrative Law, Agriculture, Labor
[Modified.] J. Delaney modifies a footnote and denies a rehearing with no change in judgment. The trial court improperly dismissed a Rosenthal Act complaint filed by a consumer because he did not owe the subject debt. The Act applies to unfair attempts to collect a debt that is either actually due or owing or falsely alleged to be due or owing. Reversed.
Court: California Courts Of Appeal, Judge: Delaney, Filed On: September 26, 2023, Case #: G061836, Categories: Debt Collection, Consumer Law
J. Richardson denies, in part, the hospital's motion to compel discovery, ruling that following an in-camera inspection, the consulting report written about the non-party health care provider is not required to be disclosed because it does not contain any of the financial information sought by the hospital and would be unrelated to its litigation.
Court: USDC Connecticut, Judge: Richardson, Filed On: September 26, 2023, Case #: 3:22cv50, NOS: Antitrust - Other Suits, Categories: Health Care, Discovery
J. Coulson grants in part a tractor trailer leaser's motion for summary judgment following allegations that it owes a towing and storage company money for the recovery and warehousing of 40,000 pounds of vinyl resin following a crash. The company is holding the resin until it receives payment for the recovery and ongoing storage costs based on a state law that defines its demand as a "garagemen's lien." However, the law excludes tractor trailers in its definition of "motor vehicle," preventing the company from applying the law.
Court: USDC Maryland, Judge: Coulson, Filed On: September 26, 2023, Case #: 1:22cv2409, NOS: Other Personal Property Damage - Torts - Personal Property, Categories: Vehicle, Damages, Contract
J. Kendall partially grants a law enforcement standards board's motion to dismiss due process claims brought by a fired state sheriff's deputy, but also partially grants the ex-deputy's motion for a preliminary injunction against the standards board. The board decertified the deputy amid a pending investigation into his alleged use of cocaine, and while the court dismisses several of the deputy's due process violation charges for failure to state a claim, it also commands the board to recertify him.
Court: USDC Northern District of Illinois, Judge: Kendall, Filed On: September 26, 2023, Case #: 1:23cv1905, NOS: Other Civil Rights - Civil Rights, Categories: Due Process, Police Misconduct, Injunction
J. Rosenthal denies, in part, three workers' motion for partial summary judgment on a hydraulic fracturing services company's affirmative defenses against their layoff-related claims. The company shows it is not precluded from asserting good faith and unforeseeable business circumstances affirmative defenses.
Court: USDC Southern District of Texas, Judge: Rosenthal, Filed On: September 26, 2023, Case #: 4:20cv2995 , NOS: Other Labor Litigation - Labor, Categories: Civil Procedure, Employment, Energy
J. Edison grants, in part, ExxonMobil's motions to exclude certain testimony in its case against a crane company following the collapse of a crane at a California-based refinery. Testimony regarding comparative fault or contributory negligence is barred, as both parties agree these issues are inapplicable.
Court: USDC Southern District of Texas, Judge: Edison, Filed On: September 26, 2023, Case #: 4:21cv3008, NOS: Other Contract - Contract, Categories: Civil Procedure, Energy, Negligence
J. Sison rules a County employee may pursue civil rights claims against the State of Illinois. The County employee, who was fired for refusing to wear a mask during the Covid-19 pandemic, sufficiently showed in court that the State may have wrongfully charged him for insurance premiums that were not withheld from his paychecks.
Court: USDC Southern District of Illinois, Judge: Sison, Filed On: September 26, 2023, Case #: 3:22cv2534, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Employment, Covid-19