108 results for 'filedAt:"2024-01-22"'.
J. Rodriguez finds that the trial court should have granted a real estate seller's motion to expunge a lis pendens on the property. The trial court had already expunged a previous lis pendens on the property after finding that the buyer's underlying claim was not a real property claim. When the buyer filed a new suit directly related to the real property, she was required but failed to obtain trial court permission before recording another lis pendens on the same property. Vacated.
Court: California Courts Of Appeal, Judge: Rodriguez, Filed On: January 22, 2024, Case #: A168529, Categories: Arbitration, Real Estate
J. Hull finds that the trial court properly consolidated three cases against defendant that each included the possession of methamphetamine with intent to sell. Uncharged act drug and firearm evidence found during a search was within the trial court's discretion to admit. However, it was error to impose more than one enhancement for an offense defendant committed while on bail. Reversed in part.
Court: California Courts Of Appeal, Judge: Hull, Filed On: January 22, 2024, Case #: C096740, Categories: Drug Offender, Sentencing, Bail
J. Hillman allows plaintiff to continue certain pro se claims contending a condominium failed to protect plaintiff, a disabled tenant, from another resident's anti-Jewish and ableist slurs, as well as his threats to kill her, and failed to take action after security guards mocked her disability. The tenant adequately alleged anti-Jewish discrimination and that security staff had charged her fees to let her into the building.
Court: USDC New Jersey, Judge: Hillman , Filed On: January 22, 2024, Case #: 1:23cv1877, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Housing
J. Ho grants, in part, a realty company's motion for fee shifting as a sanction against an attorney in a trade secrets case. The attorney relied on assumptions, rather than facts, regarding the existence of requested records when he refused to comply with certain discovery orders.
Court: USDC Southern District of Texas, Judge: Ho, Filed On: January 22, 2024, Case #: 4:22cv2847, NOS: Defend Trade Secrets Act of 2016 (DTSA) - Property Rights, Categories: Sanctions, Trade Secrets, Discovery
J. Tigar allows a few damages claims to continue against OpenAI and Microsoft from a class of coders who say the companies use AI tools and software, such as Copilot, that infringe on their coding. The damages claims have the standing needed to proceed in regards to some of the unnamed coders bringing the suit, but all of their state law claims for unjust enrichment and negligence are tossed for being preempted by the Copyright Act.
Court: USDC Northern District of California, Judge: Tigar, Filed On: January 22, 2024, Case #: 4:22cv6823, NOS: Other Contract - Contract, Categories: Copyright, Class Action, Contract
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J. Pena conditionally grants the relators petition for a writ of mandamus only if the trial court does not promptly act. The relators have met the burden to obtain this relief. The court directs the trial court the order denying motion to strike the plea in intervention and to enter an order for this memorandum opinion and the stay previously imposed is lifted.
Court: Texas Courts of Appeals, Judge: Pena, Filed On: January 22, 2024, Case #: 13-23-00501-CV, Categories: Due Process
J. Menendez grants the nursery and tree wholesaler's motions for summary judgment in the landscaper's suit against them alleging that they supplied trees infested by invasive moths, and denies the landscaper's motion for summary judgment. The landscaper has failed to provide sufficient evidence for its contention that the life stages of the spongy moth would have made it impossible for Canadian authorities to discover moths before their transport to the United States, and therefore has not established a factual dispute on that issue.
Court: USDC Minnesota, Judge: Menendez, Filed On: January 22, 2024, Case #: 0:22cv1291, NOS: Other Personal Property Damage - Torts - Personal Property, Categories: Evidence, Contract
J. Hamilton finds that the attorney's appeal of the lower court's order revoking his pro hac vice admission in this lawsuit must be dismissed. Before the attorney filed this appeal, the parties to this suit reached a settlement agreement resolving all issues between them. The attorney's alleged reputational injury is not sufficient to grant him standing in this appeal.
Court: 7th Circuit, Judge: Hamilton, Filed On: January 22, 2024, Case #: 22-2111, Categories: Administrative Law, Attorney Discipline, First Amendment
J. Reidinger grants Pfizer’s motion to dismiss allegations of product liability brought by a consumer who claims an arthritis medication damaged her kidneys. The consumer reports that her doctor diagnosed her with stage 3 kidney disease, and that after she stopped taking Pfizer’s medication, her kidney condition improved. However, she presents only cursory information that is not enough to state a claim.
Court: USDC Western District of North Carolina, Judge: Reidinger, Filed On: January 22, 2024, Case #: 1:23cv281, NOS: Personal Injury - Health Care/Pharmaceutical Personal Injury/Product Liability - Torts - Personal Injury, Categories: Corporations, Negligence, Product Liability
J. Watkins finds that the trial court properly denied defendant's amended motion for a new trial following his convictions for offenses including attempted murder and aggravated battery family violence. Sufficient evidence was presented to support defendant's convictions, including evidence that defendant had a history of intentional violence towards the victim. Defendant failed to show that his trial counsel performed deficiently. Affirmed.
Court: Georgia Court of Appeals, Judge: Watkins, Filed On: January 22, 2024, Case #: A23A1429, Categories: Battery
J. Bloomekatz finds the temporal proximity between the minority owner's reporting of alleged tax fraud to the IRS and his termination by the board of directors was sufficient to establish a prima facie case for retaliation, and although the lower court erroneously ruled otherwise, there was clear and convincing evidence to support the termination, which renders any error harmless. The minority owner's emergency conservatorship was fraudulent and based on his desire to oust his family members from the business, and their knowledge of his actions motivated the decision to fire him, regardless of the timing of his IRS report. Affirmed.
Court: 6th Circuit, Judge: Bloomekatz, Filed On: January 22, 2024, Case #: 23-5374, Categories: Whistleblowers, Employment Retaliation
J. Ritter grants, in part, the solar energy company's motion to compel, ruling the former employee must produce fabrication cost documents and various emails about the company's project with a New Mexico city. They qualify as invoices and receipts under this court's previous discovery orders. Additionally, the employee's failure to comply with the previous order entitles the company to sanctions, and so the employee will be required to pay for costs associated with the current discovery orders.
Court: USDC New Mexico, Judge: Ritter, Filed On: January 22, 2024, Case #: 1:20cv975, NOS: Other Statutory Actions - Other Suits, Categories: Sanctions, Discovery
J. Gabriel finds the appeals court erroneously determined all of defendant's pro se appellate claims had been properly preserved. His failure to brief any of the issues following appointment of counsel rendered them abandoned. Additionally, the captain of the ship doctrine allowed defendant's appellant counsel to determine which claims to pursue once he failed to respond to the appeals court's briefing request - with or without his consent - and, therefore, the appeals court improperly reinstated all of the initial claims filed by defendant. Reversed.
Court: Colorado Supreme Court, Judge: Gabriel, Filed On: January 22, 2024, Case #: 2024CO3, Categories: Criminal Procedure, Self Representation
J. Perez finds that the district court improperly denied a preliminary injunction to block arbitration as sought by a former chairman and CEO of a technology-investment holding company. He contends a release agreement proffered for his stock breached a prior stock purchase agreement by outside investors, but the company had a good chance of succeeding on its argument that the release superseded the purchase agreement and that irreparable harm would occur if arbitration was forced on the claim. On remand, the scope of the release agreement should be evaluated to determine which claims are arbitrable in order to rule on the preliminary injunction.
Court: 2nd Circuit, Judge: Perez, Filed On: January 22, 2024, Case #: 23-286, Categories: Arbitration, Injunction
J. Readler finds the lower court properly granted the nursing home's motion for summary judgment because the estate's failure to obtain a medical expert witness with familiarity of the standard of care required for patients in Memphis precluded the medical malpractice action. Tennessee law requires an expert witness with knowledge of local standards of care for individuals who pursue medical malpractice actions, and the estate's witness admitted he was familiar only with a national standard, which was insufficient to allow the action to proceed. Affirmed.
Court: 6th Circuit, Judge: Readler, Filed On: January 22, 2024, Case #: 23-5527, Categories: Experts, Wrongful Death, Medical Malpractice
J. Bogardus finds the lower court erroneously granted the school's motion for summary judgment and determined it was entitled to immunity on negligence claims brought by the parents of the child who reinjured a surgically repaired hip on the playground. Deposition testimony of officials indicated the school's safety policies were not properly implemented when the child was allowed to go outside for recess despite doctor's restrictions on any physical activity. The homeroom teacher and other faculty did not receive the medical note from the school nurse, which would allow a reasonable jury to conclude the school created an unsafe condition on property operated by the state and prevent application of immunity. Reversed.
Court: New Mexico Court of Appeals, Judge: Bogardus, Filed On: January 22, 2024, Case #: A-1-CA-39871, Categories: Education, Tort, Immunity
J. King finds the lower court properly denied class certification to the counseling company. In this putative class action, where 1000s of recipients accused the financial group of sending unsolicited advertisements by fax, the 59,000 recipients were each sent the fax individually or by an online fax service that is not reached by current law. Affirmed.
Court: 4th Circuit, Judge: King, Filed On: January 22, 2024, Case #: 22-1119, Categories: Communications, Consumer Law, Class Action
J. Kobayashi denies the lab judgment that a jury entered a wrong damages verdict unsupported by evidence in the contract between the lab and a former employee. The jury in fact correctly determined that the lab violated the employment contract by altering his compensation amounts. The employee presented sufficient evidence comparing past compensation and evidence that the experience had been emotionally traumatizing. The lab is denied a new trial as there is no evidence of clear error.
Court: USDC Hawaii, Judge: Kobayashi, Filed On: January 22, 2024, Case #: 1:19cv310, NOS: Recovery of Overpayment & Enforcement of Judgment - Contract, Categories: Employment, Evidence, Jury
J. King grants T-Mobile's motion to compel to arbitration the customers' suit claiming that T-Mobile did not secure their proprietary network information from fraudulent "SIM swaps" that allowed hackers to access the customers' financial accounts. The customers, or someone on their behalf, signed a binding agreement to arbitrate.
Court: USDC Western District of Washington, Judge: King, Filed On: January 22, 2024, Case #: 2:22cv1805, NOS: Other Statutory Actions - Other Suits, Categories: Arbitration, Class Action, Contract
J. Zmuda finds the lower court properly granted permanent custody of the child to family services despite the father's completion of anger management services. He failed to submit to drug screens required as part of his case plan and showed no improvement in the ability to manage his angry outbursts despite completion of the classes. Affirmed.
Court: Ohio Court Of Appeals, Judge: Zmuda, Filed On: January 22, 2024, Case #: 2024-Ohio-280, Categories: Evidence, Family Law
J. Guerrero upholds the death sentence defendant received after pleading guilty to five counts of murder, along with life sentences for robbery, kidnapping and other counts. Evidence seized that was not specified in search warrants did not support a blanket suppression of all seized evidence since the warrants were sufficiently particular, were supported by probable cause, and allowed police to look in every corner of his residence for any trace evidence. Also, the jury was properly impaneled, evidence of corpse dismemberment was properly admitted, a misstatement by the state during closing argument did not merit reversal, and the death penalty is not cruel and unusual punishment. Affirmed.
Court: California Supreme Court, Judge: Guerrero, Filed On: January 22, 2024, Case #: S132256, Categories: Death Penalty, Murder
J. Du denies Reno's motion to dismiss the adult cabaret performers' denial of due process claims. The performers, who are all between the ages of 18 and 21, challenged the city's new minimum age requirements for cabaret performers. Regardless of whether state law preempts the provision, the condition exists in which the city has issued business licenses to adults under 21, but then effectively prohibited them from continuing to perform. Therefore, the performers have suffered a plausible injury in fact.
Court: USDC Nevada, Judge: Du , Filed On: January 22, 2024, Case #: 3:19cv693, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Municipal Law, Due Process
J. Haynes finds the district court properly granted summary judgment to the Social Security Administration. Although the disability claimant argues the judge who denied her claim was ratified by an acting commissioner who was unlawfully in that role, governing code on time limits regarding presidential appointments supports the conclusion that an acting officer may serve under either the period before appointment or the period after appointment, or both. Affirmed.
Court: 5th Circuit, Judge: Haynes , Filed On: January 22, 2024, Case #: 23-40001, Categories: Government, Social Security, Agency
J. Ellis partially grants Chicago’s motion for summary judgment on disability discrimination claims, brought by a repeat applicant to the Chicago Fire Department. The applicant claims she was passed over to join the CFD academy as a paramedic in 2019 because she takes medication to help her control a mood disorder and insomnia. The court finds she has not provided sufficient evidence to back up her failure to accommodate claims, but factual disputes over her ADA and Illinois Human Rights Act violation claims means those allegations can proceed to trial.
Court: USDC Northern District of Illinois, Judge: Ellis, Filed On: January 22, 2024, Case #: 1:19cv8135, NOS: Employment - Civil Rights, Categories: Ada / Rehabilitation Act, Municipal Law, Employment Discrimination