124 results for 'filedAt:"2024-04-23"'.
J. Cabranes finds that the district court properly held that defendant's three-year term of supervised release for firearms possession began when imprisonment ended, not upon release from federal custody. Defendant had been transferred to New York custody on state charges of attempted murder, the conviction of which was vacated based on procedural error, and he was eventually freed when charges were dismissed on retrial. Defendant sought release from probation after spending four years in pretrial detention, but precedent holds that "imprisonment" ends when federal supervised release begins. Affirmed.
Court: 2nd Circuit, Judge: Cabranes, Filed On: April 23, 2024, Case #: 23-6394-cr, Categories: Probation, Sentencing
J. Birss finds a lower court properly dismissed a sports media company's patent claims against a sports marketing and advertising group. The sports media company argued that the sports marketing company copied its digital billboard electronic superimposition platform. However, the sports marketing company sufficiently showed in court that sporting events LED display boards method of digitally overlaying moving images with other images is obvious. Affirmed.
Court: Her Majesty's Court of Appeal, Judge: Birss, Filed On: April 23, 2024, Case #: CA-2023-786, Categories: Patent
J. Kugler dismisses counterclaims seeking a temporary restraining order to force Shark Tank contestants to take down social media posts because the contestants did not violate any part of a 2019 settlement, and the court already held that the parties had not invoked their audit rights under the settlement.
Court: USDC New Jersey, Judge: Kugler , Filed On: April 23, 2024, Case #: 1:23cv2967, NOS: Other Contract - Contract, Categories: Settlements, Contract
J. Walker grants a health insurance company’s motion to dismiss a lawsuit brought against it by a hospital trying to have the insurance company cover healthcare services it provided to one of its insured. The hospital did not exhaust the administrative process in trying to get the insurance company to cover the cost of services it provided.
Court: USDC Maine, Judge: Walker, Filed On: April 23, 2024, Case #: 2:23cv258, NOS: Other Contract - Contract, Categories: Health Care, Insurance, Contract
Want access to unlimited case records and advanced research tools? Create your free CasePortal account now. No credit card required to register.
Try CasePortal for Free
J. Carlyle finds that the lower court properly granted summary judgment to the appellee in this dispute involving the validity of the parties' partition agreement. The appellant failed to address "each ground upon which the judgment could have been based." Affirmed.
Court: Texas Courts of Appeals, Judge: Carlyle, Filed On: April 23, 2024, Case #: 05-23-00844-CV, Categories: Family Law, Contract
J. Walker upholds the tax court's finding for the IRS on a Swiss couple's challenge to $500,000 in penalties assessed after they had voluntarily amended their tax returns to include millions in a Swiss bank account they had not previously disclosed. Contrary to the couple's argument, the corrected returns do not protect them from penalties and the assessments were not untimely. Affirmed.
Court: DC Circuit, Judge: Walker, Filed On: April 23, 2024, Case #: 22-1308 , Categories: Administrative Law, Tax
J. Randolph finds the lower court improperly found for a union on its claim the Federal Labor Relations Authority's decision to vacate certain arbitration awards in a government pay scale-related dispute was ultra vires. The lower court lacked jurisdiction and, upon remand, must dismiss the complaint. Vacated.
Court: DC Circuit, Judge: Randolph, Filed On: April 23, 2024, Case #: 22-5308, Categories: Jurisdiction, Labor / Unions
J. Segal finds that the trial court properly denied an employer's motion to arbitrate an employee's Private Attorneys General Act claims. The trial court had the authority to decide the arbitrability of his claims since the arbitration agreement the employee signed did not clearly delegate arbitrability decisions to an arbitrator. And the agreement itself excluded both the employee's individual and representative Act claims. Affirmed.
Court: California Courts Of Appeal, Judge: Segal, Filed On: April 23, 2024, Case #: B328425, Categories: Arbitration, Employment
J. Huffaker grants, in part, the medical device maker’s motion to dismiss a product liability suit filed by a patient who claims that her Smart Port, implanted for the purpose of infusion therapy was defective. She alleges claims under the Alabama Extended Manufacturer’s Liability Doctrine as well as claims for negligence, breach of warranty and wantonness concerning the device’s catheter, which fractured near her heart. The patient’s claims have an articulated reasonable set of facts that could make the medical device maker’s liable for failure to warn. Therefore, the AEMLD, negligence and wantonness claims may proceed, and the patient concedes her warranty claim.
Court: USDC Middle District of Alabama, Judge: Huffaker, Filed On: April 23, 2024, Case #: 2:24cv112, NOS: Personal Injury - Health Care/Pharmaceutical Personal Injury/Product Liability - Torts - Personal Injury, Categories: Tort, Negligence, Product Liability
J. Flanagan grants a municipality’s motion to dismiss wrongful termination and gender and race discrimination allegations brought by a former parks and recreation director. The director, a Black woman, alleges that after a series of discussions and emails regarding her conduct, her supervisors became increasingly hostile and fired her without warning or explanation. She makes reference to several other employees’ actions that did not result in their termination, but the information she provides is too vague to proceed under a Title VII claim.
Court: USDC Eastern District of North Carolina, Judge: Flanagan, Filed On: April 23, 2024, Case #: 5:23cv630, NOS: Employment - Civil Rights, Categories: Employment, Employment Discrimination, Employment Retaliation
Per curiam, the appellate division finds that the lower court properly denied the former employee's claim to have a 65% ownership interest in the firm, but also denied the firm's motion to dismiss the claim that she was never given the value of her interest in the firm within 60 days of her resignation. The parties' agreement is ambiguous on the issue of what the employee is to be paid out for there interest in the firm, so this issue must go to a jury. Affirmed.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: April 23, 2024, Case #: 02133, Categories: Employment, Contract
J. Troutman finds that defendant was improperly convicted of selling drugs based on an undercover officer's distant observation of a drug buy because the suppression hearing determined that probable cause had been insufficient to arrest defendant. Thus, a new trial must be held, preceded by an independent source hearing on the admissibility of the officer's in-court identification. Reversed.
Court: New York Court Of Appeals, Judge: Troutman, Filed On: April 23, 2024, Case #: 38, Categories: Search, Identification
Per curiam, defendant's appeal is denied. Defendant was convicted on two counts of arson and one count of possessing a firebomb associated with his role attempting to burn the district attorney's garage and firebomb the district attorney’s home. He was sentenced to 35 years confinement followed by 15 years extended supervision for the arson convictions, and a consecutive two-year sentence followed by three years extended supervision for the firebomb conviction. Defendant argues his sentence should be modified since he assisted law enforcement in the prosecution of a fellow inmate, but the lower court found that it did not constitute a new factor, and is therefore not eligible for sentence modification. Affirmed.
Court: Wisconsin Court of Appeals, Judge: Per curiam, Filed On: April 23, 2024, Case #: 2022AP002094-CR, Categories: Sentencing, Arson
A group of policemen and firefighters appeal the lower court’s decision to dismiss their action concerning retirement benefits. They began their employment in February 2000, while negotiations were underway for changes in retirement funds. When the existing fund rolled into the current fund, with the consent of the group and all other investors in the fund, certain additional benefits became available to invested employees who began working on or prior to January 1, 2000. Despite their employment beginning after that date, the group argues they are entitled to the additional benefits as if they were employed on or before the date. The lower court disagreed as does the instant court. Affirmed.
Court: Wisconsin Court of Appeals, Judge: Per curiam, Filed On: April 23, 2024, Case #: 2022AP1401, Categories: Employment
J. Woods grants the employer's motion for summary judgment in an employment discrimination suit. The employee does not present sufficient evidence to support a claim she was fired for being a Black, female, Seventh-Day Adventist. Further, the negative comments she heard from supervisors were not connected to the employee's religion, race, or sex and were not objectively severe enough to support a hostile work environment claim.
Court: USDC Southern District of New York, Judge: Woods, Filed On: April 23, 2024, Case #: 1:22cv9554, NOS: Employment - Civil Rights, Categories: Civil Rights, Employment
J. Godbey finds that a case, brought by the caretaker of an intellectually disabled man who was jailed because of a behavioral episode, can survive motions to dismiss for improper venue and failure to state a claim, as argued by the sued county, health care organization and physician. The venue is sufficiently convenient for all parties and the caretaker presented evidence that defendants provided insufficient mental health care, which caused harm, and that organizations and individuals responsible for mental health care at the jail were aware that all prisoners at the facility lacked proper access to mental health care.
Court: USDC Northern District of Texas , Judge: Godbey, Filed On: April 23, 2024, Case #: 3:23cv1723, NOS: Amer w/Disabilities - Other - Civil Rights, Categories: Ada / Rehabilitation Act, Health Care, Jurisdiction
J. Anderson grants, in part, attorney fees, interest and conditional appeals fees to a company that filed a breach of contract claim in state court but then filed a motion to dismiss to file a new claim in federal court in which the company prevailed. The attorney fees and interest are not recoverable for the case in the state court because of the defendant’s LLC status, but the fees are recoverable in federal court. The requests for fees pertaining to the federal case are granted in full.
Court: USDC Southern District of Texas, Judge: Anderson, Filed On: April 23, 2024, Case #: 3:21cv298, NOS: Other Contract - Contract, Categories: Civil Procedure, Venue, Attorney Fees
J. Zimmerer finds that the trial court properly denied the city's plea to the jurisdiction in a flight attendant's suit after a slip and fall at Bush Intercontinental Airport. There is a fact issue on the challenged elements of the claim, including the city's knowledge of the alleged dangerous condition. Affirmed.
Court: Texas Courts of Appeals, Judge: Zimmerer, Filed On: April 23, 2024, Case #: 14-23-00319-CV, Categories: Tort, Immunity, Jurisdiction
J. Bennett affirmed in part and vacated in part a district court preliminary injunction limiting wolf trapping and snaring in certain parts of Montana to January 1, 2024 through February 15, 2024. Environmental groups alleged that Montana’s laws authorizing recreational wolf and coyote trapping and snaring, including regulations approved by the Montana Fish and Wildlife Commission, allowed the unlawful “take” of grizzly bears, a threatened species. The district court was correct in considering new arguments and new materials, submitted with the organizations' reply brief in support of their motion for a preliminary injunction, because the record showed that the State of Montana had an opportunity to respond to those submissions. However, the injunction was overbroad because it prevents Montana from trapping and snaring wolves for research purposes. Affirmed in part.
Court: 9th Circuit, Judge: Bennett, Filed On: April 23, 2024, Case #: 23-3754, Categories: Environment
J. Pirtle finds the trial court properly convicted defendant for assault, attempted possession of a deadly weapon by a prohibited person and unauthorized use of a motor vehicle. Defendant admitted to assaulting the victim and stealing his vehicle and firearms after the two had been involved in a drunken altercation. Though defendant says the victim had shot at him and missed before he punched him and stomped on his head, sufficient evidence supports the convictions. The record is insufficient to review claims of ineffective assistance, containing no discussions between defendant and his attorney regarding claims of self-defense. Affirmed.
Court: Nebraska Court Of Appeals, Judge: Pirtle , Filed On: April 23, 2024, Case #: A-23-1000, Categories: Assault, Weapons, Vehicle
J. Arterburn finds the district court improperly dismissed the swimming pool owner's breach of contract suit. The owner did not sign the third page of the pool remodel contract, which included the forum selection clause, and the court did not consider evidence relevant to whether an exception barred the clause's enforcement. Reversed.
Court: Nebraska Court Of Appeals, Judge: Arterburn , Filed On: April 23, 2024, Case #: A-23-572, Categories: Evidence, Jurisdiction, Contract
J. Brennan denies the insurer's motion to compel discovery and the completion of an appraisal of reconstruction costs for the apartment building, ruling language in the parties' contract renders any appraisal signed by both parties final and binding. Therefore, the insurer cannot challenge any costs included in the appraisal, which was completed by an independent panel and signed by both parties.
Court: USDC Northern District of Ohio, Judge: Brennan, Filed On: April 23, 2024, Case #: 1:21cv1032, NOS: Insurance - Contract, Categories: Evidence, Insurance, Discovery
J. Bruggink grants the U.S. dismissal of pro se patent infringement claims related to cellular phones because the claim is identical to multiple other claims that have already been considered and dismissed.
Court: Court of Federal Claims, Judge: Bruggink, Filed On: April 23, 2024, Case #: 23-811C, Categories: Patent