98 results for 'filedAt:"2024-01-03"'.
J. Halpern denies the student group's motion for a preliminary injunction to bar West Point from considering race during the military academy's admissions process. West Point's list of compelling governmental interests for promoting diversity in its officer corps is entitled to greater deference than the interests of public and private universities in Students for Fair Admissions v. Harvard, where the Supreme Court struck down Harvard's affirmative action policies. A full factual records is vital to answer whether the use of race in West Point's admissions process furthers compelling national security interests and whether it is narrowly tailored to achieve that interest.
Court: USDC Southern District of New York, Judge: Halpern, Filed On: January 3, 2024, Case #: 7:23cv8262, NOS: Education - Civil Rights, Categories: Constitution, Education, Military
J. Brennan finds that the lower court properly ordered the village to release records pertaining to a closed meeting held in violation of the Open Meetings Act. However, it improperly denied the village's request to redact portions of the records sought by the union on the grounds of attorney-client privilege. On remand, the village must be given the opportunity to prove which communications were exempt from disclosure. Affirmed in part.
Court: Illinois Appellate Court, Judge: Brennan, Filed On: January 3, 2024, Case #: 220466, Categories: Privacy, Privilege
J. Maze grants a bee company’s motion to dismiss counterclaims for falsely marking carpenter bee traps brought by a patent holder. The patent holder alleges the company’s selling carpenter bee traps on Amazon that infringes on his patent. The court finds the patent holder’s counterclaim fails to state a claim and is dismissed. The patent holder’s motion for leave to amend his false marking claim and motion for partial summary judgment are denied. The motion for leave to refile may be filed at the close of discovery.
Court: USDC Northern District of Alabama , Judge: Maze, Filed On: January 3, 2024, Case #: 1:22cv1623, NOS: Patent - Property Rights, Categories: Patent, Discovery, False Advertising
J. Schwartz declines to dismiss claims alleging violations of the Customs Officer Pay Reform Act as brought by current and former employees of the Customs & Border Protection Agency because genuine issues remain in dispute as to whether overtime provisions allow compensation for travel time.
Court: Court of Federal Claims, Judge: Schwartz, Filed On: January 3, 2024, Case #: 22-1766C, Categories: Employment, Agency, Labor
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Upon the board's redesignation of the 2022 opinion as precedential, J. Wolfson grants a comic book maker's petition to cancel a comic book company's registration of the mark, Captain Cannabis. The comic book maker proves a priority of use of the mark under common law.
Court: Trademark Trial and Appeal Board, Judge: Per curiam, Filed On: January 3, 2024, Case #: 92064830, Categories: Trademark
J. Alvarez reverses the trial court's dismissal of a family's oil and gas lease dispute against another family that owns nearby property. The trial court improperly granted the neighboring family's plea to the jurisdiction, as their arguments were based on standing, mootness, judicial admissions and other claims that are not proper grounds on which to grant the plea. Reversed.
Court: Texas Courts of Appeals, Judge: Alvarez, Filed On: January 3, 2024, Case #: 04-22-00563-CV , Categories: Energy, Property, Jurisdiction
J. Simon denies the monitoring service's motion for summary judgment against the website's complaint asserting that the monitoring service enacted a conspiracy with the National Association of Boards of Pharmacy, the Alliance for Safe Online Pharmacies and the Center for Safe Internet Pharmacies Ltd. to restrain market competition for online pharmacy verification services and comparative drug pricing information. The monitoring service argues that the website would have suffered the same injury it alleges from enforcement agencies without the service's conduct due to the website's own alleged illegal activity. However, the monitoring service has failed to put forth sufficient evidence of real or threatened law enforcement activity.
Court: USDC Oregon, Judge: Simon, Filed On: January 3, 2024, Case #: 3:22cv252, NOS: Antitrust - Other Suits, Categories: Antitrust, Evidence
J. Danella dismisses in favor of the restaurant for this lawsuit claiming a former employee was discriminated and retaliated against in violation of the Americans with Disabilities Act. The employee states that he was wrongfully terminated due to his bipolar or schizoaffective disorder disability after he asked coworkers if the “Army was following him.” The employee fails to show that his termination was from his mental illness or include when, where or from whom he requested reasonable accommodations. He may file an amended complaint to include all claims in this action without repeating the original complaint.
Court: USDC Northern District of Alabama , Judge: Danella, Filed On: January 3, 2024, Case #: 2:23cv876, NOS: Employment - Civil Rights, Categories: Ada / Rehabilitation Act, Employment Discrimination, Employment Retaliation
J. Haikala awards default judgment in favor of the pay-per-view fight licensing company, ruling it is entitled to $63,000 in enhanced damages against the bar owner who broadcasted the copyrighted fight for patrons without first purchasing a license. The licensing company is entitled to attorney fees of $1,500 and other cost in the amount of $877.
Court: USDC Northern District of Alabama , Judge: Haikala, Filed On: January 3, 2024, Case #: 2:22cv1471, NOS: Cable/Sat TV - Other Suits, Categories: Damages, Attorney Fees
J. Nivison grants a business founder’s motion for attachment and trustee process against purchasers of its business assets, who failed to pay the total purchase price of those assets. The purchaser received some files from the founder late, but only by a few days, and suggests some were still missing months later but fails to identify what was missing and how what was missing mattered.
Court: USDC Maine, Judge: Nivison, Filed On: January 3, 2024, Case #: 1:23cv315, NOS: Other Contract - Contract, Categories: Debt Collection, Contract
J. Abele finds the trial court properly imposed a 54-month sentence for each of defendant's 30 convictions for unlawful sexual conduct with a minor. Not only were the sentences within the statutory range, but defendant was fully advised of the maximum penalty he faced before he went to trial. Meanwhile, the failure by defendant's attorney to request a sentencing merger on all of the counts did not qualify as ineffective assistance because each of the counts was related to a specific instance of sexual intercourse or fellatio and could not be considered a single, continuous course of conduct that would have allowed for merger. Affirmed.
Court: Ohio Court Of Appeals, Judge: Abele, Filed On: January 3, 2024, Case #: 2024-Ohio-57, Categories: Sentencing, Sex Offender, Child Victims
J. Scales finds the trial court properly granted summary judgment to the insurance company in a dispute with insureds claiming damages to their property caused by Hurricane Irma. The insureds breached the prompt notice provision of their policy by waiting nearly three years to bring their claim, and the presumption of prejudice to the insurance company upheld by appellate court precedent applies in this case because of the insureds' untimely claim. The trial court is affirmed, and a conflict is certified regarding another appellate court's decision which construed that, given similar circumstances in another case, the burden shifted to an insurance company to prove prejudice. Affirmed.
Court: Florida Courts Of Appeal, Judge: Scales, Filed On: January 3, 2024, Case #: 22-0722, Categories: Insurance, Contract
J. Lee finds that the district court properly entered a conviction against an illegal immigrant for attempted illegal entry into the United States. A border patrol agent witnessed the immigrant crawling on the ground near a border fence and later admitted he was a Mexican citizen without documentation. The immigrant argued that his Miranda warning was inadequate because the agent also warned him that the post-arrest interview may be his only chance to seek asylum. Sufficient evidence supported the immigrant’s confession. Affirmed.
Court: 9th Circuit, Judge: Lee, Filed On: January 3, 2024, Case #: 21-50031, Categories: Evidence, Immigration, Miranda
J. Maze grants, in part, a steel supply company and four coworkers’ motion to dismiss in this employment dispute brought by a former employee. The employee alleges race discrimination, sexual harassment, physical abuse by three coworkers, retaliation and he was wrongfully terminated for threating a lawsuit to the supervisor. The court dismisses the steel supply company on all claims, but the retaliation claim shall proceed since the former employee was terminated before he could file a EEOC complaint. The former employee may proceed against three of the coworkers on the assault and battery claims. The remaining parties must meet confer on the claims that persist.
Court: USDC Northern District of Alabama , Judge: Maze, Filed On: January 3, 2024, Case #: 1:23cv625, NOS: Employment - Civil Rights, Categories: Civil Procedure, Employment, Assault
J. Emas finds the trial court improperly denied the condo association's motion to compel appraisal for its reopened claim to its insurance company over damages its properties sustained in Hurricane Irma because the claim did not include "some type of estimate" of damages. Given a plain reading, the applicable statute does not require an estimate of damages to support a reopened or supplemental claim to an insurance company, and the association's letter outlining its reopened claim was otherwise sufficient. The trial court's order is reversed and it is ordered to hold further proceedings on remand. Reversed.
Court: Florida Courts Of Appeal, Judge: Emas, Filed On: January 3, 2024, Case #: 22-1895, Categories: Insurance, Contract
J. Hazelrigg finds that the lower court properly issued a violation notice against a brewing company for not complying with a mask mandate in 2020. The company claims that the Washington State Liquor and Cannabis Board did not have the authority to issue the violation notice, but the board was within its right to issue the notice given that not complying with the then-statewide mandate posed a "threat to public safety" under the law.
Court: Washington Court Of Appeals, Judge: Hazelrigg, Filed On: January 3, 2024, Case #: 84927-1-I, Categories: Licensing, Agency, Covid-19