153 results for 'filedAt:"2024-03-01"'.
J. Mori finds that the trial court properly declared that a homeowner's property was not subject to a tree-trimming covenant. The homeowners' association's tree-trimming declaration does not describe the property, and neither the homeowner's deeds nor title reports reference the declaration, so he never impliedly agreed to be bound by the covenant. However, the trial court's injunctive order was overbroad and constitutes a prior restraint on speech. Reversed in part.
Court: California Courts Of Appeal, Judge: Mori, Filed On: March 1, 2024, Case #: B308382, Categories: Property
J. Henderson finds that the superior court properly determined that the winning candidate in a 2022 state legislature election is eligible to serve. Representative Jennifer Armstrong “met the constitutional requirements, including the three-year state residency requirement, for serving in the legislature.” Affirmed.
Court: Alaska Supreme Court, Judge: Henderson, Filed On: March 1, 2024, Case #: S-18619, Categories: Elections, Government
J. Brimmer denies bad faith claims contending a homeowner did not receive full coverage for repairs for fire damage because the homeowner failed to provide factual information supporting claims that State Farm used "inexperienced and biased adjusters to obtain a result-oriented report."
Court: USDC Colorado, Judge: Brimmer, Filed On: March 1, 2024, Case #: 1:22cv1221, NOS: Other Contract - Contract, Categories: Insurance
J. Flaum finds that the lower court properly found for the state agency in a suit filed by a businessowner alleging it violated her occupational liberty by telling a potential customer that her company engaged in a kickback scheme that violated the law. Government entities ceased doing business with the company as a result, but the company stayed afloat and the businessowner remained as CEO after being acquitted on bribery charges. The company always had private clients, even before the state's investigation began, and the businessowner has no constitutional right to work for a particular customer. Affirmed.
Court: 7th Circuit, Judge: Flaum, Filed On: March 1, 2024, Case #: 22-3108, Categories: Civil Rights, Business Practices
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J. Caproni grants the defendant hospital's motion to dismiss trade dress infringement claims brought by a competitor in the New York City region stemming from an advertising change in 2021 when the defendant's advertisements began using white letters on a purple background, the same color scheme the plaintiff hospital has used for 100 years. The plaintiff hospital's description of its trade dress is too general and encompasses too many possible permutations to constitute a singular distinct trade dress. However, the hospital shall be permitted the opportunity to amend its complaint.
Court: USDC Southern District of New York, Judge: Caproni, Filed On: March 1, 2024, Case #: 1:23cv5032, NOS: Trademark - Property Rights, Categories: Health Care, Trademark
J. Brown denies summary judgment to a Long Island village and its planning board on a family estate’s constitutional takings claim. The estate alleges the village wrongfully denied three applications to build a dock on its waterfront property over a nine-year period. The village ultimately granted their application for the work in 2019, but only after the courts intervened. Federal courts find claims for regulatory taking are not rendered moot even though the underlying action is remedied. The court further finds the claim is timely.
Court: USDC Eastern District of New York, Judge: Brown, Filed On: March 1, 2024, Case #: 2:19cv5760, NOS: Other Civil Rights - Civil Rights, Categories: Property, Zoning
J. Fleissig finds for the hospital on a former employee's religious and ADA discrimination claims. The hospital reasonably denied the employee a religious exemption for the Covid-19 vaccine, finding that she could not identify any religious belief that would be violated if she received the vaccine. Further, she cannot make a claim under the ADA because she was never actually diagnosed with Guillian-Barre Syndrome, even if a medical provider told her that she was at risk if she had repeated exposures to vaccinations.
Court: USDC Eastern District of Missouri, Judge: Fleissig, Filed On: March 1, 2024, Case #: 4:22cv1204, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Ada / Rehabilitation Act, Employment Discrimination
J. Shepherd finds a lower court properly dismissed an animal carcass processor's civil rights claims against a city. The agricultural business argued that the city wrongfully designated it as a nonconforming business, in violation of its First Amendment and Equal Protection rights. However, the city sufficiently showed in court that the business has continuously violated its foul odor ordinance, despite spending significant money on odor-abatement technology. Affirmed.
Court: 8th Circuit, Judge: Shepherd, Filed On: March 1, 2024, Case #: 23-1579, Categories: Agriculture, Civil Rights, Property
J. Andrews finds a lower court properly dismissed a member of a national lottery account's motion for summary judgment concerning an alleged win. The member argued that the gambling platform notified her that she won 1 million pounds before she clicked on platform's the "Finish" button, but then reduced the award to 10 pounds. However, the lottery platform sufficiently showed in court that the award was the result of a coding issue. Affirmed.
Court: Her Majesty's Court of Appeal, Judge: Andrews, Filed On: March 1, 2024, Case #: CA-2023-791, Categories: Contract, Technology
J. Doss finds that the lower court properly ruled the appellant to be a vexatious litigant. There was no abuse of discretion, as the evidence shows that she was attempting to "relitigate the validity of the determination against her." Affirmed.
Court: Texas Courts of Appeals, Judge: Doss, Filed On: March 1, 2024, Case #: 07-23-00216-CV, Categories: Civil Procedure
J. DuBose finds the U.S. attorney general improperly denied a citizen’s federal firearms license application when he was trying to take over his father’s business. The father had his license revoked for transferring firearms to underage consumers and falsifying government documents. Therefore, ATF believed the citizen would still allow his father to be in connection to selling firearms, but speculation and assumptions are not evidence. The citizen’s application must be set aside as “not authorized” until this case is reheard for further proceedings.
Court: USDC Southern District of Alabama, Judge: DuBose, Filed On: March 1, 2024, Case #: 1:22cv251, NOS: Other Statutory Actions - Other Suits, Categories: Government, Business Practices, Firearms
J. Millett vacates defendant's sentence following his conviction for his part in the January 6 riot of the Capitol Building. The administration of justice enhancement does not apply to the interference with the legislative process of certifying electoral votes. Vacated.
Court: DC Circuit, Judge: Millett, Filed On: March 1, 2024, Case #: 23-3045 , Categories: Sentencing, Obstruction
J. Summerhays grants a request by an oilfield service company, dismissing unfair trade practice claims against a former business partner involved in the development and marketing of a a flowback tank system used in the oilfield. Despite its use of buzzwords, such as "misleading" and
"deceiving," the company has not sufficiently alleged an unfair trade practices claim.
Court: USDC Western District of Louisiana , Judge: Summerhays, Filed On: March 1, 2024, Case #: 6:20cv581, NOS: Other Contract - Contract, Categories: Copyright, Energy, Business Practices
J. Summerhays grants a request by an insurance company for a truck driver and his employer, conditionally reducing a jury award of $2.9 million to a motorist seriously injured in an accident. The jury’s award of $500,000 for future medical expenses is not supported by evidence and, therefore, is reduced to $291,000. However, the litigant has the right to reject the reduction and elect to submit to a new trial on the future medical expenses portion of the case.
Court: USDC Western District of Louisiana , Judge: Summerhays, Filed On: March 1, 2024, Case #: 6:19cv56, NOS: Motor Vehicle - Torts - Personal Injury, Categories: Evidence, Tort, Damages
J. Dick grants remand on jurisdictional grounds to a construction company seeking to recover an arbitration award total of $711,000 from a bankrupt church. The church unsuccessfully argued the contractor’s attempt to garnish FEMA funds allotted to the church presents federal questions requiring federal jurisdiction. Simply because the contractor’s claim involves a federal grant, as the church alleges, does not in and of itself raise a federal question. In addition, there is no federal question raised in the contractor’s state court suit.
Court: USDC Middle District of Louisiana, Judge: Dick, Filed On: March 1, 2024, Case #: 3:23cv332, NOS: Other Statutory Actions - Other Suits, Categories: Arbitration, Enforcement Of Judgments, Jurisdiction
J. Ashe grants a request by an alleged police brutality victim, awarding civil penalties in the total amount of $17,000 for the city’s failure to timely respond to his state law public records requests for interviews by internal affairs investigators, 911 call materials and police body-worn camera footage. The city acted unreasonably or arbitrarily by failing to give any explanation for its seven-business-day delay in responding to the litigant’s first public records request, instead stating he did not suffer any injury due to the de minimus delay. A civil penalty is not awarded based on the injury suffered by the requestor; it is awarded when a custodian unreasonably fails to timely notify the requestor of the availability of records, advise of an exception for their production or provide an estimated completion date.
Court: USDC Eastern District of Louisiana , Judge: Guidry, Filed On: March 1, 2024, Case #: 2:19cv11803, NOS: Other Civil Rights - Civil Rights, Categories: Public Record, Damages, Police Misconduct
[Consolidated.] J. Rao grants the National Labor Relation Board's cross-petition for enforcement of its finding of unfair labor practices by a healthcare company. There is sufficient evidence the company created a managerial program to monitor workers to spot union-related activities and inhibit their organization.
Court: DC Circuit, Judge: Rao, Filed On: March 1, 2024, Case #: 22-1332 , Categories: Employment, Labor / Unions
Per curiam, the circuit grants, in part, 16 states’ and a group of industries’ petition for review of the Environmental Protection Agency's demand the states revise their state implementation plans under the Clean Air Act. They have sufficiently supported their claims the state implementation plan-call order must be vacated based on automatic exemptions, director's discretion provisions and affirmative defenses that are functionally exemptions.
Court: DC Circuit, Judge: Per curiam, Filed On: March 1, 2024, Case #: 15-1239 , Categories: Administrative Law, Environment
J. Bury partly grants an art collector's motion for summary judgment concerning an insurance company's denial of coverage. The art collector sufficiently showed in court that the insurance company is obligated to cover costs for the loss of a Rolex watch, but not for artwork by Keith Haring. The collector cannot show independent evidence that he actually owned the Haring works.
Court: USDC Arizona, Judge: Bury , Filed On: March 1, 2024, Case #: 4:21cv1119, NOS: Insurance - Contract, Categories: Insurance, Contract
J. Fuller finds that the trial court properly ruled in favor of the brokerage firm and two agents in a fraud and negligence action brought by the houseboat buyer after the boat began to leak. The buyer sought revocation and rescission of the purchase agreement. The contract specifically stated that no representations were made by the firm other than those in the agreement and included a disclaimer disavowing all warranties. The buyer therefore could not have justifiably relied on the firm's oral representations about the boat. Affirmed.
Court: Georgia Court of Appeals, Judge: Fuller, Filed On: March 1, 2024, Case #: A23A1551, Categories: Fraud, Contract
J. Briscoe finds that the lower court properly sentenced defendant for his convictions for engaging in a sexual act with a minor. Defendant claims that the lower court should have allowed a plea agreement that was proposed by both parties, but there were valid concerns on the record regarding defendant's behavior, struggles with alcohol, and likelihood of re-offending that gave the lower the court the discretion to reject the plea and sentence him to the maximum term of imprisonment. Affirmed.
Court: 10th Circuit, Judge: Briscoe, Filed On: March 1, 2024, Case #: 22-7041, Categories: Sentencing, Sex Offender, Plea
J. Stadtmueller partially grants the range hood manufacturer's motion to compel discovery regarding jurisdiction in its lawsuit against the Hong Kong-based company it claims sold range hoods at Home Depot stores in the United States that infringe on two of its patents. Limited discovery is ordered regarding, among other things, the development, import and sale of the infringing range hoods in the United States, and the manufacturer's motion to stay briefing on the company's motion to dismiss is granted.
Court: USDC Eastern District of Wisconsin, Judge: Stadtmueller, Filed On: March 1, 2024, Case #: 2:23cv393, NOS: Patent - Property Rights, Categories: Patent, Discovery