269 results for 'filedAt:"2024-03-28"'.
J. Marshall grants in part a company's motion for the award of reasonable royalties in a trademark infringement dispute. A jury found in favor of the company for misappropriation of trade secrets and infringement of the company's registered trademark. The court issued a preliminary injunction enjoining the infringer from disclosing the company's trade secrets or marketing or selling the infringing implant. For the misappropriation of trade secrets claim and a doctor's breach of the non-disclosure agreement, $5.7 is awarded as a reasonable royalty, $11.5 million in exemplary damages, and $1 million for the counterfeit mark claim.
Court: USDC Central District of California, Judge: Marshall, Filed On: March 28, 2024, Case #: 2:20cv3503, NOS: Trademark - Property Rights, Categories: Trade Secrets, Trademark
J. Myers partially grants an automated laboratory systems manufacturer’s motion to dismiss allegations of breach of implied warranty and other claims brought by a genetic testing laboratory. Specifically, the laboratory purchased a product called the DreamPrep unit and claims that the unit was defective. Because the manufacturer had a disclaimer written into its warranty, the laboratory’s argument fails under state law. However, the remaining claims, including negligent misrepresentation and negligent manufacturing defect, survive.
Court: USDC Eastern District of North Carolina, Judge: Myers, Filed On: March 28, 2024, Case #: 5:23cv305, NOS: Contract Product Liability - Contract, Categories: Product Liability, Warranty
J. Haikala grants the sheriff’s motion for summary judgment in this employment dispute brought by a Black male lieutenant who sought to transfer from another agency. The sheriff offered the lieutenant a job but explained he would have to take a demotion. The lieutenant agreed, but later discovered that a Black female and white male or female employees did the same thing but were not demoted. The lieutenant fails to show evidence in which a reasonable jury could agree he was discriminated against based on his gender or race.
Court: USDC Northern District of Alabama , Judge: Haikala, Filed On: March 28, 2024, Case #: 2:20cv725, NOS: Employment - Civil Rights, Categories: Employment Discrimination
J. Deahl upholds the trial court's finding for the district on a resident's putative class claim that its use of red ink on its pre-addressed payment return envelopes increased failed delivery rates, which led to the assessment of late payment fees. She fails to show the use of red ink is what caused the mail to not be delivered. Affirmed.
Court: DC Court of Appeals, Judge: Deahl, Filed On: March 28, 2024, Case #: 22-CV-0567 , Categories: Negligence, Class Action
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J. Bastian denies the publisher's motion to dismiss the professional photographer's complaint that the publisher used a copyrighted photograph of Kris Kristofferson on its website without permission. Although the photo went live on the website on Feb. 14, 2019, and the photographer first saw the copyright infringement during the same year, the applicable statute of limitations that bars copyright infringement discovered before 2020 does not apply because there was no reasonable way for the photographer to find the photo due to the lack of "storm warnings" alerting the photographer of the publisher's infringement. The publisher is based in the Pacific Northwest while the photographer is based in Kentucky, and the internet is so vast that it would take a long time to monitor the usage of a single image.
Court: USDC Eastern District of Washington, Judge: Bastian, Filed On: March 28, 2024, Case #: 2:23cv25, NOS: Copyrights - Property Rights, Categories: Copyright
J. Tow finds the lower court erroneously granted the university's motion for summary judgment on the student's disability discrimination claims. His deposition testimony about the tasks his self-trained emotional support dog could perform, including "pressure therapy" and leading the student out of stressful situations, created an issue of fact as to whether it qualified as a service animal when the student was excluded from campus facilities. Reversed in part.
Court: Colorado Court Of Appeals, Judge: Tow, Filed On: March 28, 2024, Case #: 2024COA29, Categories: Ada / Rehabilitation Act, Education, Evidence
J. Keller finds the trial court properly denied defendant's motion to dismiss his criminal case for possession of a firearm without a permit. Evidence in the record indicated he intended to remain in Connecticut for a long period of time, which would have allowed him to apply for a permit and contradicted his arguments before the court. Affirmed.
Court: Connecticut Court Of Appeals, Judge: Keller, Filed On: March 28, 2024, Case #: AC46906, Categories: Evidence, Firearms
J. Alvord finds the lower court properly granted the insurer's motion for summary judgment. The flashing defects discovered in the modular home were not property damage, but proved only that property damage may occur in the future, which was insufficient to trigger coverage under its policy with the builder. Affirmed.
Court: Connecticut Court Of Appeals, Judge: Alvord, Filed On: March 28, 2024, Case #: AC45433, Categories: Evidence, Insurance, Contract
J. Gallagher finds defendant fails to show he received ineffective assistance during his firearm possession case. The lack of binding precedent at the time of defendant's conviction as to whether the Second Amendment allows convicted felons to possess firearms renders his conviction for possession of a firearm constitutional, while the Supreme Court's decision in Bruen only altered the analysis framework for future Second Amendment cases. Therefore, defendant's attorney was not required to raise the argument before the trial court. Affirmed.
Court: Ohio Court Of Appeals, Judge: Gallagher, Filed On: March 28, 2024, Case #: 2024-Ohio-1163, Categories: Constitution, Firearms, Ineffective Assistance
J. Sheehan finds the lower court properly granted permanent custody of the child to family services. The agency made significant efforts to find a family member willing to care for the child on a permanent basis, but by the time a suitable relative was found, the child had been in a supportive foster home for more than two years, and it was in her best interest to remain there. Affirmed.
Court: Ohio Court Of Appeals, Judge: Sheehan, Filed On: March 28, 2024, Case #: 2024-Ohio-1164, Categories: Evidence, Family Law
J. Baker finds the circuit court improperly found for a Ford dealership. A financial audit revealed tax payment discrepancies, as well as incorrect usage of license tags. Though it is true “a vehicle may be involved in many transactions... [triggering] sales tax liability,” the dealer's allowing certain vehicles for business use by individuals, not being a transaction, and thus not triggering tax liability, is incorrect. The court applied the wrong standard of review. Reversed.
Court: Arkansas Supreme Court, Judge: Baker , Filed On: March 28, 2024, Case #: CV-23-450, Categories: Licensing, Tax, Business Practices
J. Webb finds the circuit court properly dismissed taxpayers' illegal exaction class action alleging constitutional violations involving tax assessment definitions as applied to disabled people and senior citizens. The taxpayers did not exhaust administrative remedies and the court properly dismissed the complaint for lack of subject matter jurisdiction. Affirmed.
Court: Arkansas Supreme Court, Judge: Webb , Filed On: March 28, 2024, Case #: CV-23-326, Categories: Tax, Jurisdiction, Class Action
J. Cadish finds the district court properly affirmed and adopted the juvenile master's recommendations to impose formal probation conditions on the juvenile. The relevant statute does not create a separation of powers issue because the court's ability to dismiss a petition and refer a juvenile to probation is not a sentencing decision, and so does not encroach on the court's sentencing discretion. Affirmed.
Court: Nevada Supreme Court, Judge: Cadish , Filed On: March 28, 2024, Case #: 86035, Categories: Constitution, Juvenile Law
J. Bulla finds the trial court properly convicted defendant for felony injuring or tampering with a motor vehicle. The court correctly instructed the jury on the proper measure of damages for the replacement value of replica, 1957 Chevy truck parts. However, one count of felony coercion was incorrectly based on force used on property and not a person. Affirmed in part.
Court: Nevada Court of Appeals, Judge: Bulla , Filed On: March 28, 2024, Case #: 85734-COA, Categories: Vehicle, Vandalism
J. Farbiarz rules in part for a hotel franchisor in claims contending the hotel owner terminated the franchise agreement without paying certain fees because evidence does not indicate the agreement included false promises or that the owner was fraudulently induced to enter the contract. Meanwhile, the agreement was set to run until 2036, and the franchisor is now out the recurring fees through that period.
Court: USDC New Jersey, Judge: Farbiarz, Filed On: March 28, 2024, Case #: 2:21cv11557, NOS: Franchise - Contract, Categories: Contract
J. Hoyle finds the trial court improperly granted the county's plea to the jurisdiction, dismissing this suit. The game room operator alleged the county unconstitutionally enacted regulations requiring that game rooms obtain a license. Though sovereign immunity bars Declaratory Judgment Act actions against the state absent a waiver, the Act also allows persons to challenge the validity of ordinances or statutes. Because the county may be bound by a court’s declaration on those ordinances or statutes, they must be “joined in suits to construe their legislative pronouncements.” Reversed.
Court: Texas Courts of Appeals, Judge: Hoyle , Filed On: March 28, 2024, Case #: 12-23-00231-CV, Categories: Administrative Law, Licensing, Immunity
J. Neeley finds the trial court properly convicted defendant for assault on a public servant. A habitual offender sentencing enhancement resulted in a potential life sentence. Defendant moved for a competency evaluation, which resulted in the determination he was competent to stand trial. Defendant attempted to challenge the evaluation in various ways during trial. Though there is some evidence of mental illness, there is none from which it may be inferred the illness renders defendant incapable of consulting rationally with counsel. No evidence supports a finding defendant is incompetent to stand trial. Affirmed.
Court: Texas Courts of Appeals, Judge: Neeley , Filed On: March 28, 2024, Case #: 12-23-00094-CR, Categories: Competence, Sentencing, Assault
J. Hoyle finds the trial court properly convicted defendant for possession of a controlled substance with intent to deliver. Officers found a ledger of narcotic sales, meth and other drug-related items in defendant's vehicle after responding to a domestic disturbance. Defendant says the state’s comments about adding “cut” to the meth constitute impermissible jury argument, contending it exceeded evidence presented at trial and did not make a reasonable deduction from that evidence. Defendant did not object to the comment and the argument is not preserved, though the comment still made a reasonable inference regarding the drug/cut mixture quantity. Furthermore, because counsel has wide latitude to draw inferences from the evidence, the argument was not improper. Affirmed.
Court: Texas Courts of Appeals, Judge: Hoyle , Filed On: March 28, 2024, Case #: 12-23-00100-CR, Categories: Drug Offender, Evidence, Prosecutorial Misconduct
J. Du grants the animal rights activists' motion for summary judgment. The activists allege the U.S. Bureau of Land Management, Department of the Interior, and the Nevada Bureau of Land Management violated the Wild Free-Roaming Horses and Burros Act and the National Environmental Policy Act by a recent roundup of wild horses. Reducing livestock grazing to increase wild horse management levels was not reasonable because it would have undermined the roundup's stated purpose to “prevent undue... degradation...and to restore ecological balance.” The bureau must prepare a herd management area plan and reanalyze foreseeable effects and significance of its roundup alternatives on wildfire risks.
Court: USDC Nevada, Judge: Du, Filed On: March 28, 2024, Case #: 3:22cv34, NOS: Environmental Matters - Other Suits, Categories: Administrative Law, Environment, Agency
J. Underhill grants in part and denies in part a motion for summary judgment in a case in which Bondsmen did not return a depositor’s funds. The case is timely, and statute of limitations claims by Bondsmen do not apply. The depositor’s claim of fraudulent misrepresentation is denied because the Bondsmen’s representation of legal issuance of the bonds is an issue of fact. The depositor’s motion for summary judgment is denied in part and granted in part.
Court: USDC Connecticut, Judge: Underhill, Filed On: March 28, 2024, Case #: 3:21cv221, NOS: Other Contract - Contract, Categories: Fraud, Conversion, Contract
J. Bourliot finds that the trial court erred in revoking defendant's community supervision on an assault charge for failure to pay monthly supervision fees. The state failed to prove defendant's ability to pay the fees as required when it was the sole ground in support of revocation. Reversed.
Court: Texas Courts of Appeals, Judge: Bourliot, Filed On: March 28, 2024, Case #: 14-22-00631-CR, Categories: Criminal Procedure, Assault
J. Lamberth grants default judgment to the family of a man stabbed by a Hamas militant in the West Bank in their suit against the Islamic Republic of Iran and the Syrian Arab Republic alleging that the two countries provided material support to Hamas. The family has sufficiently established that Hamas is responsible for their family member's murder, that the two countries have provided financial and material support to Hamas, and that this support falls under an exception to sovereign immunity for state sponsors of terrorism.
Court: USDC District of Columbia, Judge: Lamberth, Filed On: March 28, 2024, Case #: 1:20cv3492, NOS: Other Personal Injury - Torts - Personal Injury, Categories: International Law, Terrorism, Wrongful Death