626 results for 'nos:"Other Statutory Actions - Other Suits"'.
J. Haikala grants an individual's motion to exclude a marine officer's opinion testimony in a negligence case arising from a Sea-Doo collision, which injured the individual and killed a woman. The officer's opinion regarding the cause of the individual's injuries and his "guesstimates about angles of impact and other unscientific conclusions" that lead him to believe the individual was operating the Sea-Doo at the time of the accident are unreliable.
Court: USDC Northern District of Alabama , Judge: Haikala, Filed On: May 27, 2023, Case #: 5:22cv10, NOS: Other Statutory Actions - Other Suits, Categories: Evidence, Maritime, Negligence
J. Skavdahl denies summary judgment to the Elk Mountain Ranch owner on his claim that the hunters are subject to civil liability for corner-hopping his private property to hunt big game on the public land of Elk Mountain in 2020 and 2021. There is presently no evidence that the hunters touched the surface of the Elk Mountain Ranch owner's private property during their corner-hops or that they physically damaged the property.
Court: USDC Wyoming, Judge: Skavdahl, Filed On: May 26, 2023, Case #: 2:22cv67, NOS: Other Statutory Actions - Other Suits, Categories: Property
J. Wright grants in part six individuals' renewed motion for class certification regarding challenges to the U.S. Department of Homeland Security and U.S. Citizenship and Immigration Services' handling and processing of Special Immigrant Juvenile petitions. The numerosity, commonality, typicality and adequacy requirements are satisfied, therefore the class is certifiable for the tolling provisions claim. However, with respect to the missed deadline claim, the commonality requirement is not satisfied
Court: USDC Central District of California, Judge: Wright, Filed On: May 25, 2023, Case #: 2:22cv1510, NOS: Other Statutory Actions - Other Suits, Categories: Immigration, Class Action
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J. Chutkan denies, in part, the government's motion to dismiss discrimination and retaliation claims filed by a veteran and former worker with the Department of Housing and Urban Development. He has adequately pleaded his claims for age and disability discrimination.
Court: USDC District of Columbia, Judge: Chutkan , Filed On: May 24, 2023, Case #: 1:21cv2709, NOS: Other Statutory Actions - Other Suits, Categories: Veterans, Employment Discrimination, Employment Retaliation
J. Lange denied a motion by the United States for dismissal of the Oglala Sioux Tribe's amended complaint alleging a lack of reservation police protection for tribal members. The court grants an expedited preliminary injunction in part to the extent the the United States "may neither abandon altogether funding and support of the Tribe's law enforcement, nor act arbitrarily and capriciously, or otherwise in disregard of that duty." The court held that the United States should reevaluate the Tribe's requested funding including the service population data and provide technical assistance to refine the funding request.
Court: USDC South Dakota, Judge: Lange, Filed On: May 23, 2023, Case #: 5:22cv5066, NOS: Other Statutory Actions - Other Suits, Categories: Native Americans
J. Lindsay orders a 4-year-old child be returned to her father in Italy after the mother allegedly removed her to the U.S. in violation of Italian law and the parties' custody agreement. The parties had agreed Italy would be the child's residence, the mother fails to show the father physically abused or neglected their child, and evidence supports she wrongfully removed the child from Italy.
Court: USDC Northern District of Texas , Judge: Lindsay, Filed On: May 22, 2023, Case #: 3:23cv586, NOS: Other Statutory Actions - Other Suits, Categories: Family Law
J. Joseph denies a request by the U.S. Army Corps of Engineers and dismisses, on jurisdictional grounds, a suit by two Louisiana investors in a venture seeking a mining permit for what may be “the largest gold discovery ever made” in Alaska’s northwest Seward Peninsula. Because the Corps has yet to rule on the investors’ appeal of an initial permit denial, these is “not yet a final decision” by the agency for judicial review, notwithstanding the investors’ argument that the Corps’ appeal process is an “injurious waste of time.” The ruling also notes that “the Corps’ apparent misunderstanding of its own regulations is concerning.”
Court: USDC Middle District of Louisiana, Judge: Joseph, Filed On: May 22, 2023, Case #: 6:23cv114, NOS: Other Statutory Actions - Other Suits, Categories: Environment, Agency, Jurisdiction
J. Alston grants the technology company's motion for an injunction to bar the Navy from accessing, disclosing, or otherwise using the database schema for any purpose other than the normal use of the technology company's software. Naval employees uploaded the private software used to run diagnostics on aircraft carriers onto public websites in violation of the company's copyright rights.
Court: USDC Eastern District of Virginia, Judge: Alston , Filed On: May 19, 2023, Case #: 1:23cv478, NOS: Other Statutory Actions - Other Suits, Categories: Administrative Law, Military, Injunction
J. Chun partially grants the auto enterprise's amended application to conduct discovery for use in its claim against Amazon's Chinese affiliates, manufacturers and retailers in Chinese legal proceedings. Amazon does not identify any Chinese rule that prohibits the auto enterprise from obtaining information about the identities of three Chinese manufacturers in the Chinese proceedings who produced the largest volume of patent-infringing products between 2018 and the present, and the auto enterprise's discovery request is narrow enough to be considered reasonable.
Court: USDC Western District of Washington, Judge: Chun, Filed On: May 18, 2023, Case #: 2:22cv1396, NOS: Other Statutory Actions - Other Suits, Categories: International Law, Patent, Discovery
J. Simon declines to strike the consumer's contract claim alleging that the credit union did not credit her account for stolen funds. The credit union does not prove that the consumer concedes that it performed an adequate investigation of the stolen funds because its assertion is based on a line that it did not investigate the error claim "beyond a determination" that a fraudster inducted the consumer to provide them access.
Court: USDC Oregon, Judge: Simon, Filed On: May 18, 2023, Case #: 3:21cv847, NOS: Other Statutory Actions - Other Suits, Categories: Fraud, Banking / Lending, Class Action
J. Moss denies a political committee's motion for a preliminary injunction that would allow it to deliver a petition to Ron DeSantis that includes a list of more than 200,000 supporters who want him to run for president. The Federal Election Commission properly determined the petition is an in-kind contribution and contact list, as it includes the email addresses and phone numbers of each listed supporter.
Court: USDC District of Columbia, Judge: Moss, Filed On: May 17, 2023, Case #: 1:22cv3282, NOS: Other Statutory Actions - Other Suits, Categories: Elections, Government
J. Simon partially grants the shareholders of Apex leave to file a second amended complaint to add Apex as a plaintiff and to add claims for bad faith and fraud, as the shareholders allege that the semiconductor manufacturing company did not inform the shareholders of the export-controlled status of integrated circuits, particularly two models of integrated circuits, that required special permits and that were ultimately seized by Canadian border authorities in December 2008. The semiconductor manufacturing company contends that the bad faith claim is time-barred because it is based on Apex's purchased orders placed on Dec. 10, 2008, and the lawsuit was filed on Dec. 18, 2018. However, Apex seeks economic losses, which are not time-barred.
Court: USDC Oregon, Judge: Simon, Filed On: May 17, 2023, Case #: 3:19cv86, NOS: Other Statutory Actions - Other Suits, Categories: Evidence, Fraud
J. Gleason denies the lieutenant governor's motion to dismiss a foundation's allegations that the government did not provide complete information on deceased voters that the foundation requested. The information provided was missing voter identification numbers and birth dates. The foundation adequately complied with the pre-litigation notice requirement. It is unclear whether the voter identification numbers "constitute
sensitive information that implicates special privacy concerns warranting exclusion from disclosure consistent with the NVRA" (National Voter Registration Act). The matter “requires a more exacting and tailored analysis."
Court: USDC Alaska, Judge: Gleason, Filed On: May 17, 2023, Case #: 1:22cv1, NOS: Other Statutory Actions - Other Suits, Categories: Elections, Public Record
J. Conrad awards more than $823,000 in attorney fees to a software company following its default judgment against a former, now-bankrupt partner on its trade secret misappropriation and copyright infringement claims. The requested $838,000 in attorney fees is reduced due, in part, to excessively billed hours.
Court: USDC Western District of North Carolina, Judge: Conrad, Filed On: May 15, 2023, Case #: 3:19cv195, NOS: Other Statutory Actions - Other Suits, Categories: Copyright, Trade Secrets, Attorney Fees