116 results for 'filedAt:"2023-10-20"'.
J. Sands partially grants the developer's motion and severs two state law claims from its mandamus action against the county challenging a re-zoning decision. The two claims appealing the zoning decision and seeking mandamus against the board members are remanded to Lowndes County superior court. The claims do not raise a substantial federal issue.
Court: USDC Middle District of Georgia, Judge: Sands, Filed On: October 20, 2023, Case #: 7:23cv39, NOS: Other Civil Rights - Civil Rights, Categories: Zoning
J. Simmons dismisses beer company Soltura's trademark and trade dress complaint alleging that images and phrases used on competitor Cerveceria La Tropical's Tropi Crystal beer cans infringe on the design of Soltura's Palma beer cans. The Tropi Crystal beer was never sold or marketed in California and there is no evidence that consumer confusion occurred in California, so the venue is improper.
Court: USDC Southern District of California, Judge: Simmons, Filed On: October 20, 2023, Case #: 3:23cv1104, NOS: Trademark - Property Rights, Categories: Trademark, Venue
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J. Nelson dismisses the homeowner's complaint that the city's officers declared that there were no signs of criminal activity regarding the homeowner's vacant house, only for an individual to then steal items from the house and engage in a fight with the homeowner. The city's officers have qualified immunity against the homeowner's substantive due process claim, because he does not establish that they violated one of the homeowner's constitutional rights by not staying on the premises after they cleared the site, or that it was somehow unlawful for them to miss a basement window that is well hidden by overgrown vegetation.
Court: USDC Oregon, Judge: Nelson, Filed On: October 20, 2023, Case #: 3:21cv771, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Immunity, Due Process
J. Lambert finds partially in favor of defendant in his appeal of his conviction and sentence after pleading no contest to aggravated battery with a firearm, carjacking and other charges. Two of the grounds defendant raises, including that he would not have entered the plea deal if his ineffective counsel had not failed to advise him he would be eligible for gain time regarding his 25-year sentence for aggravated battery, are not explicitly refuted or supported by the records attached to the trial court's denial order, so the order is reversed on those two grounds and the case is remanded for the trial court to either attach the necessary records or hold an evidentiary hearing. Affirmed in part.
Court: Florida Courts Of Appeal, Judge: Lambert, Filed On: October 20, 2023, Case #: 23-1150, Categories: Firearms, Ineffective Assistance, Battery
J. Snyder grants in part a homeowner’s motion in limine in an insurance coverage dispute regarding claims for damage caused to her home by fire, ash and rain. The insurer is precluded from arguing that a basement wall claim was the basis for the homeowner’s claim. Evidence of claims by other insureds is inadmissible. Undisclosed expert witnesses are excluded. One expert is precluded from offering engineering opinions or opinions on whether the engineering reports have merit.
Court: USDC Central District of California, Judge: Snyder, Filed On: October 20, 2023, Case #: 2:21cv172, NOS: Insurance - Contract, Categories: Insurance, Experts, Discovery
J. Crabtree grants an insurance company's motion to dismiss contract and negligence claims brought by a consumer who bought a homeowners' insurance policy. The insurance company sufficiently showed in court the insurer's employee cannot be sued for negligently managing the homeowner's claim based on her non-party status to the policy.
Court: USDC Kansas, Judge: Crabtree, Filed On: October 20, 2023, Case #: 2:23cv2357, NOS: Insurance - Contract, Categories: Insurance, Negligence, Contract
J. Southwick finds the district court improperly dismissed this suit brought by the modular structures operator, alleging that the construction company misappropriated its trade secrets. Though the district court found that the operator had engaged in claim splitting between this federal suit and a state suit involving the same parties, the pleadings didn’t clarify the relationship between two of the defendants to the extent it could be said claim splitting occurred. The court must assess whether assertions about the relationship between the operator and the construction management company support that the two entities are in privity. Reversed and remanded.
Court: 5th Circuit, Judge: Southwick, Filed On: October 20, 2023, Case #: 22-50945, Categories: Construction, Jurisdiction, Contract
J. David finds a lower court properly dismissed a Vietnamese national's motion for asylum. The Vietnamese national, who claimed to be trafficked, argued that she is entitled to relief based on her allegations that she would face torture upon return to her native land. However, she is not entitled to asylum for offenses of kidnapping and other "evil" and "wicked" crimes, which landed her in six months in prison. Affirmed.
Court: Her Majesty's Court of Appeal, Judge: Davis, Filed On: October 20, 2023, Case #: CA-2022-214, Categories: Immigration, Kidnapping, Human Trafficking
J. Crawford partly grants the employee's motion for discovery in her wage-and-hour class action against Nike Retail Services. Although the employee's request for the identification of all Nike Retail employees responsible for creating work schedules for the class members is overbroad, Nike is ordered to testify about its scheduling practices generally. Nike's practices "are more germane to class certification and the merits than the specific identities of the people carrying out those practices." Nike must also identify the various codes for different wage rates it uses on class members' pay statements.
Court: USDC Southern District of California, Judge: Crawford, Filed On: October 20, 2023, Case #: 3:23cv874, NOS: Employment - Civil Rights, Categories: Employment, Discovery, Class Action
J. Heavican finds the district court improperly denied the estate representative and husband of the deceased’s motion to intervene in her personal capacity in the suit involving an agreement between her husband and his deceased brother to name one another as beneficiaries for each’s $2 million life insurance policies, with proceeds to be used to buy out the other’s portion of their shared business. The brother changed the beneficiary to his own wife after his brother’s death, and the first brother’s wife has a direct and legal interest in that she is the residual beneficiary under her husband’s will. Reversed and remanded.
Court: Nebraska Supreme Court, Judge: Heavican, Filed On: October 20, 2023, Case #: S-22-743, Categories: Insurance, Wills / Probate, Business Expectancy
J. Cassel finds the trial court properly convicted defendant for possession of meth and drug paraphernalia. Officers responded to a call from an auto parts store involving reports of a customer who “could barely stand up.” Upon engaging the customer, officers noted that she seemed “fidgety” and unstable. After asking about drugs and if they could search her vehicle, the subject replied, “If you absolutely need to... If you really need to go look, more power to you.” The subsequent search yielding the drugs was undertaken with consent and defendant’s motion to suppress was properly denied. Affirmed.
Court: Nebraska Supreme Court, Judge: Cassel, Filed On: October 20, 2023, Case #: S-22-867, Categories: Drug Offender, Search
J. Osterhaut grants the Army’s motion for summary judgment in this dispute over the Blanket Purchase Agreement for the contractor to provide equipment to Forward Operating Base Thompson in Afghanistan. During the period of anticipated evacuation and base closure, and mobilization and demobilization of the contract, various deliveries were hijacked and equipment was confiscated by the Taliban. It is undisputed that the contractor requested additional time to demobilize but didn’t request that the Army provide security. The contractor was responsible for its own security. Though the Army gave additional time for mobilization, this did not create any duty to provide the same amount of time for demobilization.
Court: Armed Services Board Of Contract Appeals, Judge: Osterhaut , Filed On: October 20, 2023, Case #: 62125, Categories: Military, Contract
J. Hyman finds that the lower court improperly found for the insurer, in a suit filed by; condo owners against the condo association after the condo's insurance limit was not sufficient to cover fire damage to the building. The court granted the insurer a declaratory judgment, ruling that the policy bars coverage for a prior insured's failure to "establish or maintain adequate reserves." However, there is no precedent for finding that "insurance" and "cash reserves" are functionally equivalent. Reversed.
Court: Illinois Appellate Court, Judge: Hyman, Filed On: October 20, 2023, Case #: 220804, Categories: Insurance, Contract
J. Choe-Groves grants a business’s motion for judgment of dismissal. The business is no longer operating and assessing a dutiable value to the merchandise involved in the matter would take years and would be at considerable cost to both parties.
Court: Court of International Trade, Judge: Choe-Groves, Filed On: October 20, 2023, Case #: 23-154, Categories: Commerce
J. Osteen partially denies the University of North Carolina’s motion to dismiss allegations including race discrimination, wrongful discharge and tortious inference brought by a Ph.D. student. The only Black person in the organizational behavioral Ph.D. program at the time, the student confided in close faculty that she had been raped and that this had triggered symptoms of her PTSD diagnosis. When she attended a hearing involving her attacker instead of a non-mandatory program seminar, the faculty claimed she was being irresponsible and disrespectful. From there, the student alleges, her treatment by the faculty — all of whom are white or of Indian descent — became increasingly severe to the point where they allegedly complained to professors at other universities and sabotaged her attempts to transfer schools. While the student does not sufficiently evidence her claims against the individual staff members involved and has since withdrawn those claims, she does have standing against the university itself on eight of 10 claims including disparate treatment, retaliation and failure to accommodate.
Court: USDC Middle District of North Carolina, Judge: Osteen, Filed On: October 20, 2023, Case #: 1:22cv717, NOS: Amer w/Disabilities-Employment - Civil Rights, Categories: Education, Employment Discrimination, Employment Retaliation
J. Robart dismisses the consumers' complaint alleging that Audible made its "Audible Subscriptions" cancellation process too complex. Audible's description is sufficient to explain its automatic renewal offer terms, but the consumers can cure their California Unfair Competition Law and California Consumer Legal Remedies Act claims if they plausibly allege that Audible's confirmation email did not include the terms for automatic renewal offers or continuous service offer, and that the consumers suffered harm as a result.
Court: USDC Western District of Washington, Judge: Robart, Filed On: October 20, 2023, Case #: 2:23cv925, NOS: Other Fraud - Torts - Personal Property, Categories: Fraud, Consumer Law, Class Action
J. Hernandez dismisses the parents' complaint that the child abuse pediatrician and others wrongfully accused the father of abusing his children, admitted three years later that the original allegations were unfounded, and then took another year to remove the parents' names from a child abuse registry. Of the claims that are not time barred, some are premature and not cognizable, such as the spoliation of evidence claim, or do not apply because the father was never convicted. However, the family can pursue conspiracy claims if they properly add it in an amended complaint.
Court: USDC Oregon, Judge: Hernandez, Filed On: October 20, 2023, Case #: 3:23cv650, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights
J. Copperthite grants the U.S. attorney general’s motion to dismiss on an individual’s case challenging the denial of his state application for a “Handgun Qualification License.” While the individual, who seeks to buy a firearm for self-protection, has nonviolent convictions for driving while intoxicated and resisting arrest. The federal law that bans felons from owning guns is not unconstitutional as applied to him. The government has a legitimate interest in keeping weapons away from individuals that have been convicted of a crime that is punishable by imprisonment for a term exceeding one year.
Court: USDC Maryland, Judge: Copperthite, Filed On: October 20, 2023, Case #: 1:23cv42, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Constitution, Firearms
J. Elgo dismisses this visitation agreement between parents and grandparents and dismisses the appointment of a therapist to facilitate visitations. The parents have failed to make an attempt to reunification with the child and have not met their burden of demonstrating prejudicial collateral will occur; it is concluded that the appeal is moot.
Court: Connecticut Court Of Appeals, Judge: Elgo, Filed On: October 20, 2023, Case #: AC45210, Categories: Family Law
J. White finds the trial court improperly granted an individual motion to dismiss his criminal charges for the lack of personal jurisdiction. The trial court did have jurisdiction but failed to dismiss the information of two counts of battery. On remand the individual shall resolve any outstanding questions. Reversed.
Court: Florida Courts Of Appeal, Judge: White, Filed On: October 20, 2023, Case #: 6D23-476, Categories: Battery, Jurisdiction