79 results for 'filedAt:"2023-11-06"'.
J. Whipple finds a lower court properly dismissed an Indian national's bid to remain in the U.K. The native of India, who works as a self- employed consultant, argued that he is entitled to reside in the U.K. for the sake of his "private life." However, the Secretary of State for the Home Department presented sufficient evidence in court that he ran a sham technology company. Affirmed.
Court: Her Majesty's Court of Appeal, Judge: Whipple, Filed On: November 6, 2023, Case #: CA-2022-894, Categories: Employment, Fraud, Immigration
J. Piersol denies a divorce lawyers' motion to dismiss claims from a husband who alleges that the lawyers violated his due process rights by "not informing him of any court action" and entering what he characterizes as "factually inaccurate hearsay evidence into the public record without any input from" him. However, the complaint is dismissed without prejudice for lack of subject matter jurisdiction.
Court: USDC South Dakota, Judge: Piersol, Filed On: November 6, 2023, Case #: 4:23cv4106, NOS: Other Civil Rights - Civil Rights, Categories: Family Law, Jurisdiction
[Consolidated.] J. Wood denies the company's motions to dismiss four negligence actions brought by injured drivers and family members of now-deceased individuals arising from a traffic accident caused by the truck driver. Georgia's consent-by-registration statute is not unconstitutional and subjecting the company to general jurisdiction does not violate the Dormant Commerce clause. The company is licensed to transact business in Georgia and therefore consents to jurisdiction in Georgia. The drivers and family members presented sufficient evidence to show that the company is subject to specific jurisdiction in Georgia and that there was a lease agreement between the company and the agent for the truck driver's truck.
Court: USDC Southern District of Georgia, Judge: Wood, Filed On: November 6, 2023, Case #: 2:22cv76, NOS: Motor Vehicle - Torts - Personal Injury, Categories: Negligence, Jurisdiction
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Per curiam, the circuit finds that the district court properly denied defendant's request to vacate his conviction for wire and bank fraud. Defendant, an Egyptian national living in the U.S. on an expired visa, contended his attorney failed to make him aware of the potential deportation consequence of the guilty plea, but the record belied the claim. Affirmed.
Court: 2nd Circuit, Judge: Per curiam, Filed On: November 6, 2023, Case #: 22-2324-pr, Categories: Immigration, Ineffective Assistance
J. Robart denies the glass infuser company's request for entry of a permanent injunction in its complaint alleging that the cigar shop owner and others sold unauthorized counterfeit glass infusers and accessories bearing the glass infuser company's "Stundenglass" trademark. The glass infuser company seeks an injunction that is broader than what it outlined in its complaint, which does not include an injunction against "[a]ssisting, aiding or attempting to assist or aid” others against performing the listed actions.
Court: USDC Western District of Washington, Judge: Robart, Filed On: November 6, 2023, Case #: 2:23cv310, NOS: Trademark - Property Rights, Categories: Trademark, Injunction
J. Trauger partially grants Nissan's dismissal motion in this lawsuit concerning a certain type of transmission included in particular Nissan vehicles. The vehicle owners contend that the "continuously variable transmission" was defective. The court will dismiss the claim under the Florida Deceptive and Unfair Trade Practices Act as untimely. Also, some of the states involved "require privity between parties in order for a plaintiff to assert a claim for breach of implied warranty for economic losses," and those claims will be dismissed accordingly.
Court: USDC Middle District of Tennessee , Judge: Trauger, Filed On: November 6, 2023, Case #: 3:22cv709, NOS: Motor Vehicle Product Liability - Torts - Personal Injury, Categories: Vehicle, Product Liability, Warranty
J. Stranch finds the lower court properly granted the state's motion for summary judgment on equal protection claims brought by the religious school supporters. Although they have standing to challenge the Michigan law that prohibits government funding for private schools, the law is neutral on its face and does not discriminate on the basis of religion. The law prevents the supporters from lobbying their representatives for tuition aid or other benefits, which constitutes a concrete harm, but because its language includes all private schools - not just those affiliated with a religion - it is facially neutral. Affirmed.
Court: 6th Circuit, Judge: Stranch, Filed On: November 6, 2023, Case #: 22-1986, Categories: Education, Government, Equal Protection
J. Sannes enters default judgment, in part, against a roofing contractor and finds it liable for a roofer’s unpaid overtime wages. The court awards the roofer $9,800 in both compensatory and liquidated damages, plus $2,306 in attorney fees. However, his claim for failure to issue wage notices and statements was dismissed due to lack of standing.
Court: USDC Northern District of New York, Judge: Sannes, Filed On: November 6, 2023, Case #: 1:23cv504, NOS: Fair Labor Standards Act - Labor, Categories: Employment, Attorney Fees, Labor
J. Dishman partially grants the former employer's dismissal motion in this lawsuit brought by a former employee asserting discrimination claims under Title VII. The former employee fails to state a claim for racial discrimination. She bases her claim on the race of her significant other, but she fails to show an "adverse employment action because of her association with minorities." Her sex discrimination claim survives dismissal, however, as she alleges that she was sexually assaulted by a supervisor and constructively discharged.
Court: USDC Western District of Oklahoma , Judge: Dishman, Filed On: November 6, 2023, Case #: 5:21cv1057, NOS: Employment - Civil Rights, Categories: Employment Discrimination, Employment Retaliation
J. Copperthite grants summary judgment in favor of a manufacturing company in this lawsuit brought by a trucking company and its owner over race discrimination and wrongful termination of a contract. The trucking company, which is Black-owned, alleges the manufacturer’s employees placed a rope in the shape of a noose in the back of a truck, and shortly after this was reported to a supervisor, the manufacturer terminated the contract allegedly due to safety issues. The trucking company failed to plead any serious detriment by being notified of the termination, nor had a genuine dispute concerning whether the contract was breached.
Court: USDC Maryland, Judge: Copperthite, Filed On: November 6, 2023, Case #: 1:22cv651, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Contract
J. Kugler finds for a company in claims contending an Indian curcuminoid product manufacturer breached a settlement agreement for patent infringement. The court interprets that the manufacturer would be in breach of the settlement agreement by selling Curcuma longa products during the relevant period, and the manufacturer's defaulting behavior "points to an unwillingness to ever pony up" on attorney fees or other costs.
Court: USDC New Jersey, Judge: Kugler , Filed On: November 6, 2023, Case #: 1:14cv4738, NOS: Patent - Property Rights, Categories: Patent
Per curiam, a panel of the 11th Circuit finds that the district court improperly denied class certification to the consumers in an action against the consumer reporting agency arising from a technical error which misreported the consumers' debt collection status dates on their credit reports. A consumer does not have to prove actual damages to recover statutory damages under the Fair Credit Reporting Act for the agency's allegedly willful failure to comply with the statute's requirements. Vacated.
Court: 11th Circuit, Judge: Per curiam, Filed On: November 6, 2023, Case #: 22-11187, Categories: Debt Collection, Damages, Class Action