110 results for 'filedAt:"2023-12-11"'.
J. Nivison grants, in part, an ex-wife's motion for partial summary judgment pertaining to her former husband's res judicata defense to her personal injury claim. The parties' divorce decree did not decide issues related to her injury claim.
Court: USDC Maine, Judge: Nivison, Filed On: December 11, 2023, Case #: 2:20cv452, NOS: Other Personal Injury - Torts - Personal Injury, Categories: Civil Procedure, Family Law, Tort
J. Immergut grants the finance company's motion to enforce the settlement agreement arising from the apartment building seeking declaratory judgment that it is not in default under the loan documents after it submitted a request for loan forbearance related to the Covid-19 pandemic and then gave the apartment building a reinstatement offer with more fees attached. The eight essential terms of the settlement are enforceable as of Aug. 18, 2023, because the contingent language makes the parties' original intent to be bound to the agreement clear, and the apartment building does not present any applicable cases that would support its argument that it is not bound to the agreement.
Court: USDC Oregon, Judge: Immergut, Filed On: December 11, 2023, Case #: 3:21cv569, NOS: Other Contract - Contract, Categories: Settlements, Covid-19, Contract
J. Sannes culls a self-represented citizen’s civil rights complaint on several motions to dismiss and preserves claims for unlawful search and seizure against Schenectady County and a group of Niskayuna police officers stemming from his arrest at a traffic stop on charges of drug possession, finding he plausibly alleges at an early stage of litigation that the officers did not have probable cause to perform a strip search on him and that they lied by claiming they had a search warrant in order to coerce him into consenting to a search of his house.
Court: USDC Northern District of New York, Judge: Sannes, Filed On: December 11, 2023, Case #: 1:22cv70, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Police Misconduct
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J. Land grants the insurer's motion for partial summary judgment in a breach of contract action brought by the insured arising after the insurer denied a claim for hail damage. The insurer relied on the opinion of an independent consultant who previously worked in construction and is a licensed insurance adjuster in denying the insured's claim for roof damages caused by hail. The insured failed to show that it was unreasonable for the insurer to rely on the consultant's advice just because he is not a roofing contractor.
Court: USDC Middle District of Georgia, Judge: Land, Filed On: December 11, 2023, Case #: 4:22cv40, NOS: Insurance - Contract, Categories: Insurance, Contract
J. Frisch affirms the district court's denial of the purchaser's motion for a temporary injunction halting the cancellation of the sale of a mall. The district court was not obligated to presume the existence of irreparable harm should injunctive relief be denied, and the fact that the dispute concerns the purchase of real estate does not change that. It also did not abuse its discretion in concluding that the purchaser did not demonstrate irreparable harm as required. Affirmed.
Court: Minnesota Court Of Appeals, Judge: Frisch, Filed On: December 11, 2023, Case #: A23-0598, Categories: Property, Contract, Injunction
J. Bowes finds that the domestic relations court properly granted a lesbian partner’s petition for pre-birth establishment of parentage of the child that her wife conceived through in vitro fertilization before the dissolution of their marriage. There is evidence that the couple had engaged in IVF with mutual intent to conceive and raise the child. Affirmed.
Court: Pennsylvania Superior Court, Judge: Bowes, Filed On: December 11, 2023, Case #: J-E02004-23, Categories: Civil Procedure, Evidence, Guardianship
Per curiam. The Eighth Circuit finds a lower court properly sentenced a defendant after he pleaded guilty to possession with intent to distribute 50 grams or more of meth and possession of a firearm as an unlawful user of controlled substance. The defendant argued that the lower court erred in enhancing his sentence. However, the government sufficiently showed in court that authorities located a "user- amount" of meth in his vehicle and a loaded pistol. Affirmed.
Court: 8th Circuit, Judge: Per curiam, Filed On: December 11, 2023, Case #: 22-3101, Categories: Drug Offender, Evidence, Firearms
J. Kim partially grants the sued spinal implant manufacturer’s motions in limine against the suing spinal implant manufacturer. This dispute over two competing “expandable cage” spinal implant products that perform the same function will go to jury trial in January 2024. The suing manufacturer accuses the defendant of stealing its design. The court, on the defendant’s motion, bars the suing manufacturer from producing “ambiguous, misleading or new evidence of alleged trade secret misappropriation,” as well as making other claims about the defendant’s product. The court will allow other controversial materials and topics, such as the actions of the defendant’s parent company, to be brought up at trial.
Court: USDC Northern District of Illinois, Judge: Kim, Filed On: December 11, 2023, Case #: 1:19cv7092, NOS: Other Contract - Contract, Categories: Trade Secrets, Interference With Contract, Business Practices
J. Snyder enters findings of fact and conclusions of law that an LED module manufacturer has not shown that a competitor's infringement of its patent was willful. The manufacturer showed that the competitor infringed on its “Unified Driver and Light Source Assembly For Recessed Lighting” patent, and the court previously issued a preliminary injunction enjoining the competitor from making or selling the infringing versions of its light modules. The competitor changed its design immediately after receiving the cease-and-desist letter. "Nothing in the 12-day pre-suit notice period suggests willfulness."
Court: USDC Central District of California, Judge: Snyder, Filed On: December 11, 2023, Case #: 2:18cv7090, NOS: Patent - Property Rights, Categories: Patent
J. Duncan finds the trial court properly convicted defendant for prescribing pain medication without a legitimate purpose. Defendant was the only doctor working for the "pill mill." Several co-conspirators and the owner of the operation posing as a pain management clinic pleaded guilty, testifying against the physician. The jury was presented with overwhelming proof defendant knew the prescriptions he wrote were medically unauthorized, and he cannot show any proposed error in jury instruction effected his substantial rights. Affirmed.
Court: 5th Circuit, Judge: Duncan, Filed On: December 11, 2023, Case #: 22-20515, Categories: Drug Offender, Evidence, Jury Instructions
J. Stark finds that the court of federal claims properly found for the U.S. in claims stemming from the construction of a new aircraft carrier maintenance pier because the contractor failed to demonstrate entitlement to recover additional compensation due to site conditions. Affirmed.
Court: Federal Circuit, Judge: Stark, Filed On: December 11, 2023, Case #: 2022-1740, Categories: Construction, Contract
J. D'Apolito finds the trial court properly denied defendant's motion to suppress during his drug case. He lacks standing to challenge the warrantless search of the UPS package containing methamphetamine because he was neither the named recipient nor sender of the package and, therefore, had no expectation of privacy. Meanwhile, even if defendant had a privacy interest, the UPS worker was entitled to open the suspicious package per the terms of a waiver in its shipping contract, and the drugs were in plain sight to police officers once the package was opened. Affirmed.
Court: Ohio Court Of Appeals, Judge: D'Apolito, Filed On: December 11, 2023, Case #: 2023-Ohio-4490, Categories: Drug Offender, Search
J. Pregerson finds that the district court improperly dismissed an inmate's claim that federal prison officials denied him treatment for Hepatitis C but held that the lower court properly dismissed his claim that federal prison officials discriminated against him by denying treatment. The claim arose within an existing context as established by another matter in which prison officials were deliberately indifferent to an inmate’s asthma. Reversed in part.
Court: 9th Circuit, Judge: Pregerson, Filed On: December 11, 2023, Case #: 21-35582, Categories: Prisoners' Rights
J. Coulson denies motion to compel production of documents in this reimbursement insurance dispute from carbon monoxide poisoning between two commercial insurers, Twin City Fire Insurance and Axis Insurance. Axis alleges that Twin City and its non-party customer have withheld some documents in response to discovery. The court finds Axis requests for documents are potentially relevant but cannot determine that they have demonstrated a substantial need and finds that the common-interest doctrine applies because Twin City and its non-party customer shared the same interest of obtaining reimbursement of damages.
Court: USDC Maryland, Judge: Coulson, Filed On: December 11, 2023, Case #: 1:22cv769, NOS: Insurance - Contract, Categories: Insurance, Discovery, Privilege
J. Bloom partially grants a school board’s motion to dismiss a complaint by a student and her mother after the student was sexually assaulted by another student outside of school. The family sued both the school district and the school board, but these are not political subdivisions “separate and apart” from one another, so the board is dismissed. A motion to dismiss a claim of discrimination is denied because the student sufficiently claimed she was subjected to a hostile environment that the district was aware of.
Court: USDC Middle District of Pennsylvania, Judge: Bloom, Filed On: December 11, 2023, Case #: 3:23cv1118, NOS: Other Personal Injury - Torts - Personal Injury, Categories: Civil Rights, Education, Negligence
J. Vaidik finds that defendant was properly convicted of battery because a specific piece of evidence the court initially declined to admit was eventually admitted into the record. Meanwhile, evidence indicated that defendant swung a long stick-like object at the victim and hit them in the head. Affirmed.
Court: Indiana Court Of Appeals, Judge: Vaidik, Filed On: December 11, 2023, Case #: 23A-CR-985, Categories: Evidence, Battery
J. Waldick finds defendant's confrontation rights were not violated when a witness at a codefendant's juvenile probable cause hearing testified about statements made by the codefendants. The hearing was not a trial that implicated defendant's constitutional rights. Meanwhile, despite the lack of DNA evidence to place defendant at the scene of the home invasion, his convictions were supported by sufficient evidence, including the testimony of his codefendants and a bruise on his back that matched the location of an injury inflicted by one of the victims. Affirmed.
Court: Ohio Court Of Appeals, Judge: Waldick, Filed On: December 11, 2023, Case #: 2023-Ohio-4474, Categories: Confrontation, Evidence, Juvenile Law
J. Hall finds a mother and father not liable for their son’s unpaid rent or the costs in damages to a condominium property and dismisses the landlord’s breach of contract and aiding and abetting claims stemming from two lease agreements. The landlord fails to allege the parents were parties to either lease agreement or were under any obligation to correct any misrepresentation the son may have made in furtherance of any alleged fraud.
Court: USDC Eastern District of New York, Judge: Hall, Filed On: December 11, 2023, Case #: 1:22cv3504, NOS: Other Contract - Contract, Categories: Fraud, Landlord Tenant, Contract
J. Ervin-Knott finds that the trial court properly denied a debtor's motion to set aside a default judgment. In this case, the debtor waited three years to protest the default judgment even though it was aware of the circumstances. Under statute, continued participation in the litigation from which a null judgment was rendered is determined to be voluntary acquiescence.
Court: Louisiana Court Of Appeal, Judge: Ervin-Knott, Filed On: December 11, 2023, Case #: 2023-C-0709, Categories: Civil Procedure, Contract
Per curiam, the circuit finds that the district court properly dismissed contract claims brought after an executive was denied coverage under his employer's directors-and-officers liability policy. The executive was not owed a defense when other members of the firm brought claims contending he attempted to defraud company entities because an exclusion barred coverage in lawsuits that pit insureds against each other. Affirmed.
Court: 2nd Circuit, Judge: Per curiam, Filed On: December 11, 2023, Case #: 23-17-cv, Categories: Insurance
J. Evanson grants the cruise line's motion to compel arbitration in the executive housekeeper's lawsuit accusing the cruise line's manager of making her sign a seagoing employment agreement (SEA) after she sought medical attention for an asthma attack on shore. The April 2014 SEA is not void for lack of consideration, because while the January 2014 SEA was still in effect when the executive housekeeper signed the April 2014 SEA, both of the contracts have the same language regarding arbitration, which is in effect for both of them.
Court: USDC Western District of Washington, Judge: Evanson, Filed On: December 11, 2023, Case #: 2:22cv1111, NOS: Marine - Contract, Categories: Admiralty, Arbitration, Contract
J. Byrne finds the trial court properly determined the husband made a profit of more than $50,000 on his rental business and added that figure to his total income when it calculated child support payments. He failed to provide any documentation regarding his estimate of expenses, which would have reduced the profit to zero. Meanwhile, the husband's contentious attitude toward the wife and her attorneys, which included superfluous motions and attempts to draw out the hearings on child support payments, supported the award of attorney fees to the wife. Affirmed.
Court: Ohio Court Of Appeals, Judge: Byrne, Filed On: December 11, 2023, Case #: 2023-Ohio-4469, Categories: Family Law, Attorney Fees