95 results for 'judge:"Peterson"'.
J. Peterson finds partially in favor of the third-party manufacturers in the lighting corporation's lawsuit against the home improvement retail company for selling products that allegedly violate the corporation's patents for LED lighting systems. One manufacturer's motion to dismiss the company's third-party claims against it seeking indemnity for its role manufacturing the products that infringe on the corporation's patents is granted, as it has a valid arbitration clause in its contract with the company. The corporation's motions to dismiss four other third-party manufacturers' counterclaims and affirmative defenses are granted in part, including as to dismiss one of the manufacturer's invalidity claims on some of the patent infringement allegations. The corporation's motion to sever the company's claims against the third-party manufacturers is denied.
Court: USDC Western District of Wisconsin, Judge: Peterson, Filed On: August 31, 2023, Case #: 3:22cv706, NOS: Patent - Property Rights, Categories: Patent, Contract
J. Peterson denies the city's motion to exclude Dr. William Desvousges' second opinion, sans his opinions on Lower Duwamish Waterway (LDW) anglers feeding on certain fish, from the city's lawsuit alleging that Monsanto Co. manufactured and sold polychlorinated biphenyls (PCBs) that contaminated the LDW and the city's stormwater and drainage systems. Desvousges adequately supports his assertion that industrialization and not PCBs limited the LDW's recreational use by citing evidence such as how the city's public utilities strategic advisor managing the LDW sediment program said that PCBs do not prevent recreational fishing.
Court: USDC Western District of Washington, Judge: Peterson, Filed On: August 28, 2023, Case #: 2:16cv107, NOS: Torts to Land - Real Property, Categories: Water, Experts, Discovery
J. Peterson finds that the trial court properly convicted defendant of murder and other offenses. The trial court correctly admitted evidence of a robbery because it was relevant to show defendant's state of mind. Both offenses happened in the same area and involved the use of a gun. Defendant failed to show that the probative value of the evidence was outweighed by unfair prejudice. Defendant failed to show that his trial counsel was deficient for failing to request a jury instruction on self-defense. Affirmed.
Court: Georgia Supreme Court, Judge: Peterson, Filed On: August 21, 2023, Case #: A23A0599, Categories: Evidence, Ineffective Assistance, Murder
J. Peterson finds that the trial court properly convicted defendant of murder. Any error the trial court committed in failing to take curative action when the prosecutor asked defendant why he waited until trial to say he acted in self-defense was harmless in light of the overwhelming evidence of defendant's guilt. Defendant has not shown that his trial counsel performed deficiently by failing to move for a mistrial based on the prosecutor's questioning. Affirmed.
Court: Georgia Supreme Court, Judge: Peterson, Filed On: August 21, 2023, Case #: S23A0628, Categories: Ineffective Assistance, Murder
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J. Peterson denies the city's motion to prevent Monsanto's experts from testifying on the identified opinions in their reports sans their opinions about landfills as a source of polychlorinated biphenyls (PCBs) in litigation alleging that Monsanto and others intentionally manufactured and distributed PCBs that contaminated the Lower Duwamish Waterway (LDW) and the city's stormwater and drainage systems. The experts' remaining identified testimony is relevant to the case. Unlike the opinions about the landfills, the remaining testimony can address the city's public nuisance claim, as the experts opine on how the city or other parties could have contributed to the LDW's contamination.
Court: USDC Western District of Washington, Judge: Peterson, Filed On: August 18, 2023, Case #: 2:16cv107, NOS: Torts to Land - Real Property, Categories: Environment, Experts, Discovery
J. Peterson grants the migrant worker leave to file a second amended complaint to add new defendants in his class action alleging that the construction company did not pay him overtime for construction work he performed on farms under an H-2A guestworker visa. Barring a mistake from the migrant worker to not include them, Signet Construction LLC, Signet Construction Inc. and Northridge Construction Inc. knew or should have known that they could be sued because they share corporate officers with the construction company.
Court: USDC Western District of Wisconsin, Judge: Peterson, Filed On: August 2, 2023, Case #: 3:21cv54, NOS: Fair Labor Standards Act - Labor, Categories: Immigration, Class Action, Labor
J. Peterson finds for the federal government in the farm owners' lawsuit claiming the Farm Service Agency loan officer they consulted when purchasing farmland misrepresented the condition of the land, improperly handled loan funds and otherwise misled and pressured them during the sale process. The farm owners' remaining claims under the Federal Tort Claims Act and the Equal Credit Opportunity Act fail, in part because the claims are either blocked by Wisconsin's economic loss doctrine, assert fiduciary duty claims against the FSA even though it was not acting as a fiduciary, or the evidence fails to show they were pressured or misled into buying a farm they wanted to buy despite their concerns about its quality.
Court: USDC Western District of Wisconsin, Judge: Peterson, Filed On: July 26, 2023, Case #: 3:22cv136, NOS: Other Contract - Contract, Categories: Government, Fiduciary Duty, Contract
J. Peterson finds for the rubber mat flooring manufacturer in a lawsuit from a sports flooring installation company claiming the manufacturer breached their contract by declining to purchase the company by a previously agreed upon deadline despite assuring it was still interested in the purchase after closing was delayed a year by the Covid-19 pandemic. Nothing in the text of the parties' agreement requires the manufacturer to go through with the purchase, as the agreement unambiguously gives it the option to do so or not without obligation.
Court: USDC Western District of Wisconsin, Judge: Peterson, Filed On: July 26, 2023, Case #: 3:22cv244, NOS: Other Contract - Contract, Categories: Civil Procedure, Contract
J. Peterson finds for the company overseeing a chain of home improvement stores in the consumer's proposed class action claiming it unlawfully charged a hidden $1.40 handling fee for items purchased online that were then picked up in a store. The company's renewed motion to compel arbitration of the consumer's unjust enrichment and consumer protection claims is granted, as the claims are covered by the broad language of the arbitration clause in the terms the consumer automatically agreed to by completing her purchase on the company's website, and the text and hyperlink at the bottom of the purchase page counts as giving reasonable notice of those terms. Arbitration is compelled, and the case is dismissed without prejudice.
Court: USDC Western District of Wisconsin, Judge: Peterson, Filed On: July 26, 2023, Case #: 3:22cv444, NOS: Other Fraud - Torts - Personal Property, Categories: Arbitration, Consumer Law, Class Action
J. Peterson denies the brother's motion to dismiss the sister's lawsuit, which alleges that the brother and the corporate officer fraudulently induced her to sell her 20% ownership interest in her family's company for $1.3 million, only for the brother and the corporate officer to sell the company for $162 million 15 months later, denying her $32 million in the process. The sister plausibly alleges that the brother and the corporate officer fraudulently induced her to sign the redemption agreement because they withheld key information, such as how the brother and the corporate officer regularly received offers to buy the company, which could have changed her mind about selling her shares at that time.
Court: USDC Western District of Wisconsin, Judge: Peterson, Filed On: July 24, 2023, Case #: 3:22cv400, NOS: Securities/Commodities/Exchange - Other Suits, Categories: Fraud, Securities, Contract
J. Peterson denies the brother, corporate officer and company's motion to dismiss the sister's lawsuit claiming she was deceived and pressured into selling her 20% ownership interest in the family business for $1.3 million before the brother sold the company one year later for $162 million, effectively defrauding her of around $32 million she would have received from the sale if she had not unloaded her shares at a falsely deflated value. The sister has pleaded her claims, including those for federal-law securities fraud and state-law fraud, breach of fiduciary duty and civil theft, with sufficient clarity and specificity, so all 15 claims survive.
Court: USDC Western District of Wisconsin, Judge: Peterson, Filed On: July 24, 2023, Case #: 3:22cv400, NOS: Securities/Commodities/Exchange - Other Suits, Categories: Fraud, Securities, Fiduciary Duty
J. Peterson denies Monsanto's motion to exclude expert Dr. Michael Trapp's fourth opinion that the city will incur $230 million in costs to reduce polychlorinated biphenyls (PCBs) in the Lower Duwamish Waterway and the city's stormwater and drainage systems, which the city says was contaminated by Monsanto's PCB-containing products. Dr. Trapp's cost estimate is sufficiently reliable because he used tools regulatory agencies and other government entities developed to determine city abatement costs, and the omission of certain sediment samples in his analysis are irrelevant.
Court: USDC Western District of Washington, Judge: Peterson, Filed On: July 19, 2023, Case #: 2:16cv107, NOS: Torts to Land - Real Property, Categories: Environment, Tort, Experts
J. Peterson finds for the county and sheriff's deputies in a lawsuit from a citizen claiming he was arrested with excessive force and without probable cause while recording with his phone the aftermath of a car accident on the highway in front of his house. While it's a close call, the deputies could be reasonably said to have probable cause to arrest the citizen for disorderly conduct or obstructing their investigation based on his behavior, including getting into angry interactions with and getting in the way of the deputies and a tow truck driver at the scene of the accident. Despite the citizen's claims that he could not breathe while officers briefly pinned him to the ground and handcuffed him after he resisted arrest, the deputies used reasonable force when arresting him. The deputies are entitled to qualified immunity, the citizen's false arrest and excessive force claims fail, and the county and deputies' motion for summary judgment is granted.
Court: USDC Western District of Wisconsin, Judge: Peterson, Filed On: July 19, 2023, Case #: 3:22cv121, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Constitution, Police Misconduct
J. Peterson finds that the lower court properly convicted defendant of aggravated driving under the influence. His speedy trial rights were not violated by the state's filing of additional felony charges stemming from the same incident a year after the initial indictment. The 160-day speedy trial period is available to defendants released on bail only if they make a demand for a trial, and defendant never made a demand. Affirmed.
Court: Illinois Appellate Court, Judge: Peterson, Filed On: July 12, 2023, Case #: 220055, Categories: Dui, Speedy Trial
J. Peterson partially grants motions in limine and to exclude expert testimony in the furniture retailer's breach of contract lawsuit claiming it is owed a refund for an order management system the e-commerce firm provided which failed to satisfy the retailer's requirements. The firm's motions in limine to exclude evidence about its failure to properly "size" the disputed project and to exclude evidence about whether it knew of the retailer's requirements and whether crucial software involved would meet those requirements are granted, as are two other related motions, and still two others involving evidence about the parties' agreements and whether the retailer can claim restitution are reserved. The retailer's motion to exclude expert testimony about the reasons for change in scope of the project and other details about its timing and scope are granted, and the retailer's motion for a ruling allowing it six days to present its case at trial is denied, as updated trial estimates will be discussed at the final pretrial conference.
Court: USDC Western District of Wisconsin, Judge: Peterson, Filed On: July 11, 2023, Case #: 3:21cv622, NOS: Other Contract - Contract, Categories: Tort, Experts, Contract
J. Peterson finds that the trial court properly convicted defendant of murder. Sufficient evidence was presented to support defendant's convictions and to authorize the trial court to deny defendant's claim for immunity from prosecution based on self-defense. Although the trial court incorrectly prevented defendant's counsel from reading from a jury charge on self-defense, the error was harmless because the trial court later gave the jury an explanation of the law on self-defense during jury instructions. Defendant failed to show that he was prejudiced by his trial counsel's allegedly deficient performance. Affirmed.
Court: Georgia Supreme Court, Judge: Peterson, Filed On: July 5, 2023, Case #: S23A0436, Categories: Ineffective Assistance, Murder, Self Defense
J. Peterson partially denies the city's motion to exclude Monsanto's expert's testimony from the city's lawsuit accusing the agrochemical company of manufacturing and selling polychlorinated biphenyls (PCBs) that contaminated the Lower Duwamish River. The expert may give his opinion that Monsanto's "recommendations for PCB waste disposal conformed with applicable regulations and exceeded waste disposal standards at the time," because the materials he cited in his report are adequate to support his opinion.
Court: USDC Western District of Washington, Judge: Peterson, Filed On: June 30, 2023, Case #: 2:16cv107, NOS: Torts to Land - Real Property, Categories: Tort, Water, Experts
J. Peterson finds in favor of the patent holder in his lawsuit alleging the medical supply company breached a settlement agreement from his previous patent infringement suit by ceasing paying him royalties from the sale of certain medical products covered by his patent. Even in light of a claim construction of the patent in a recent federal circuit court decision, the settlement agreement requires the company to pay the disputed royalties, and the company's unreasonable interpretation allowing it to avoid paying and revive litigation would undermine the central, unambiguous purpose of the agreement. The patent holder's motion for judgment on the pleadings as to the company's liability is granted, the company is ordered to pay him $498,178 in withheld royalties and the parties are ordered to bring filings arguing whether he is entitled to prejudgment interest.
Court: USDC Western District of Wisconsin, Judge: Peterson, Filed On: June 27, 2023, Case #: 3:22cv381, NOS: Other Contract - Contract, Categories: Patent, Settlements, Contract
J. Peterson finds that the lower court improperly ordered the sheriff's office to disclose certain 911 recordings related to requests for help coming from two town parks. The calls are exempt to the extent that the recordings would disclose the identity of the caller, and the sheriff's office testified it does not have the technology to disguise the caller's voice on its production of the recordings. Further, the sheriff's office cannot be required to make a transcript of the recordings when it does not do so as part of its normal procedures. Reversed.
Court: Illinois Appellate Court, Judge: Peterson, Filed On: June 21, 2023, Case #: 210058, Categories: Public Record
J. Peterson finds that the trial court properly convicted defendant of murder and aggravated assault for driving his truck into several pedestrians after a bar fight, killing two of them and seriously injuring a third. The trial court correctly refused to remove a juror who revealed, after already being selected for the jury, that he thought he had once been convicted of a felony. A report on the juror's criminal history showed that he was not a convicted felon and defendant failed to challenge the juror under the statute or argue that the juror was disqualified for any alleged impairment in his ability to be fair and impartial. Affirmed.
Court: Georgia Supreme Court, Judge: Peterson, Filed On: June 21, 2023, Case #: S23A0733, Categories: Jury, Murder, Assault
J. Peterson finds that the trial court improperly granted defendant's pretrial motion to exclude a statement made to his mother on the phone during a high speed car chase with police. Defendant, who is charged with kidnapping, attempted rape and murder, told his mother that he did not want to pull over for police because he did not want to go back to prison. The trial court applied an incorrect standard in reaching its decision. Vacated.
Court: Georgia Supreme Court, Judge: Peterson, Filed On: June 21, 2023, Case #: S23A0507, Categories: Murder, Sex Offender, Kidnapping
J. Peterson denies the agrochemical company's motion to exclude the testimony of the city's rebuttal expert from the city's lawsuit alleging that the agrochemical company and others manufactured polychlorinated biphenyls (PCBs) that contaminated the Lower Duwamish River and the city's stormwater and drainage systems. The agrochemical company argues that the city's expert is unqualified to render any opinions about the historical alternatives because he does not possess enough knowledge about dielectric fluid, historical alternatives to PCB dielectric fluid or comparing dielectric fluids. However, the expert has nearly 50 years experience working with PCB and non-PCB equipment with electrical utilities and companies, and is a certified hazardous material manager with training as a hazardous materials technician, hazardous materials specialist and on-scene incident commander.
Court: USDC Western District of Washington, Judge: Peterson, Filed On: June 15, 2023, Case #: 2:16cv107, NOS: Torts to Land - Real Property, Categories: Environment, Product Liability
J. Peterson finds for the city and police detective in a citizen's lawsuit claiming he was falsely arrested without probable cause after an incident in which a woman he claims pressured him to have sex with her demanded he pay her for it, forced him to drive to an ATM at knifepoint and stabbed him when he tried to run away in a gas station parking lot. Though the two subjects' stories differed on key details, the detective made reasonable judgments about the credibility of the citizen and the woman when he arrived at the violent scene at the gas station and ultimately arrested the woman for armed robbery and other charges and arrested the citizen on a prostitution charge, particularly given the woman's self-incriminating statements establishing that the citizen had paid her for sex. Because the detective is shielded by qualified immunity, summary judgment is granted to him and the city and the case is closed.
Court: USDC Western District of Wisconsin, Judge: Peterson, Filed On: June 13, 2023, Case #: 3:21cv817, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Constitution, Police Misconduct
[Consolidated] J. Peterson finds partially in favor of the county officials and jail medical services companies in the husband’s lawsuit alleging deliberate indifference in their failure to provide his wife with her medications, leading to her death from a heart attack while incarcerated. The officials' and companies’ motion to dismiss is largely denied with the exception of an individual capacity claim against a police captain who oversaw the jail, as the husband has done enough to plausibly allege unconstitutional policies which cause the companies to provide “cheap and inferior health care,” but he has not shown the captain was himself involved with his wife’s care. The husband’s objections to the magistrate judge’s previous discovery order are sustained, and the magistrate’s order quashing the husband’s subpoenas is set aside and he is allowed to pursue legal documents and settlement agreements that might be relevant to his Monell claims.
Court: USDC Western District of Wisconsin, Judge: Peterson, Filed On: June 13, 2023, Case #: 3:20cv1123, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Constitution, Negligence
J. Peterson finds for the police officer in a lawsuit from a middle school art teacher who was fired from her job after the officer recommended she be prosecuted for first-degree sexual assault of a child based on a student's allegation that the teacher touched her buttocks inappropriately during class, which the teacher and other students claim was fabricated because she took away the student's cell phone. The teacher's federal due process and malicious prosecution claims fail, as there were no violations of her property or liberty interests because the officer did not have any control over her getting fired from her job and, in part because the prosecution his investigation led to was ultimately dropped, he did not contribute to altering her legal status, even if her reputation was harmed. The teacher's state-law malicious prosecution claim is also dismissed, as she did not file a notice of claim complying with statutes.
Court: USDC Western District of Wisconsin, Judge: Peterson, Filed On: June 9, 2023, Case #: 3:22cv47, NOS: Education - Civil Rights, Categories: Civil Rights, Education, Due Process
J. Peterson finds in favor of the city in a lawsuit from the advertising company challenging multiple provisions of an ordinance the city cited to deny it an application to update some of its billboards in addition to building more, including aspects the company claimed were unlawful content-based restrictions on its speech in violation of the First Amendment. As the company mostly concedes, a U.S. Supreme Court decision from 2022 and a Seventh Circuit decision from 2023 make the company's constitutional challenges to the billboard provisions unviable, so summary judgment is granted to the city. The city's motion for sanctions is granted in part, in that it has until June 28, 2023, to submit accounting of legal fees it incurred for around two weeks of briefing in February and March of 2023 before the company's counsel announced it was dropping its challenges to certain distinctions in the ordinance.
Court: USDC Western District of Wisconsin, Judge: Peterson, Filed On: June 8, 2023, Case #: 3:22cv51, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Constitution, Attorney Fees