Court: USDC Western District of Texas , Judge: Pitman, Filed On: September 27, 2022, Case #: 1:21cv377, Categories: Fraud, Trade Secrets
J. Pitman partially denies a motion to dismiss filed by a semiconductor company after they were sued by a competitor in an effort to protect trade secrets. The competitor alleged that a fired former employee, now working for the first company, had misappropriated thousands of work documents by transferring them from his work laptop to a cloud storage service. The former employee argued the claims were barred by a separation agreement, but they are not, not least because of the timeline of the alleged theft, which allegedly occurred while he was still working at the competitor.
Court: USDC Hawaii, Judge: Gillmor, Filed On: September 26, 2022, Case #: 1:21cv322, Categories: Disability Discrimination, Employment, Due Process
J. Gillmor refuses to grant summary judgment on a claim of disability discrimination against the airline filed by a former employee fired after asking for a two ear headpiece to work in customer service. The former employee's claims that the airline did not engage in the interactive process for reasonable disability accommodation preclude summary judgment.
Court: USDC Northern Mariana Islands, Judge: Manglona, Filed On: September 26, 2022, Case #: 1:22cv7, Categories: Arbitration, Contracts
J. Manglona grants a preliminary injunction to the casino developer, finding that it has not waived the right to arbitrate on the Commission's suspension of its gaming license as its inability to pay for the license can be attributed to unforeseen outside forces, namely natural disasters and the Covid-19 pandemic forcing the casino to close.
Court: Louisiana Court Of Appeal, Judge: Hester, Filed On: September 26, 2022, Case #: 2022KJ0188, Categories: Burglary, Firearms, Juvenile Law
J. Hester finds that the juvenile was improperly adjudicated delinquent on counts of burglary and theft of a firearm stemming from an incident involving a sheriff's vehicle. Even though the juvenile possessed some of the stolen items, the evidence was not sufficient to prove the elements of the offenses beyond a reasonable doubt. Reversed.
Court: Texas Courts of Appeals, Judge: Stevens, Filed On: September 26, 2022, Case #: 06-22-00036-CV, Categories: Property, Wills / Probate
J. Stevens finds that the trial court properly ruled in favor of the brothers in a dispute with the executor of their sister's estate involving ownership of property passed down from their parents. The executor did not show any "error on the face of the record." Affirmed.
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Court: Minnesota Court Of Appeals, Judge: Johnson, Filed On: September 26, 2022, Case #: A22-0118, Categories: Civil Rights, Education
J. Johnson finds that an imbalance in racial composition between schools in a school system is not a per se violation of Minnesota's constitutional education protection, unless the imbalanced is created by intentional segregation.
Court: USDC Minnesota, Judge: Tunheim, Filed On: September 26, 2022, Case #: 0:20cv801, Categories: Construction, Patent
J. Tunheim construes five terms set out in a patent for a skid steer loader attachment, largely in favor of the patent claimant. A motion for summary judgment is also denied as moot in light of the constructions' likely impacts on arguments for and against it.
Court: USDC Minnesota, Judge: Tunheim, Filed On: September 26, 2022, Case #: 0:20cv654, Categories: Consumer Law, Product Liability, Experts
J. Tunheim partially grants the vaginal mesh maker's motion to exclude the opinion of the consumer's causation expert, and grants its motion for summary judgment. The expert's specific causation opinion has not been established to be reliable, and the rest is mooted by summary judgment. Several claims have already been waived, in part because only Oklahoma law applies to them. The consumer has not established that the mesh implant she used was unreasonably dangerous, that it caused her injuries, that she relied on the manufacturer's representations in using it or that a warning not included with the product would have altered her decision. She also has not submitted any argument supporting an implied warranty, and an unjust enrichment claim is dismissed since it is precluded by an adequate remedy at law.
Court: USDC Minnesota, Judge: Tunheim, Filed On: September 26, 2022, Case #: 0:17cv5009, Categories: Sanctions, Trade Secrets, Contracts
J. Tunheim denies the former employer's motions for sanctions for discovery delays and to show cause as to why the former employees and their new employers should not be held in contempt for perjury. The former employer has not presented any evidence that the employees or their new employer intended to destroy arguments, nor that the alleged spoliation would impact the litigation.
Court: USDC Minnesota, Judge: Tunheim, Filed On: September 26, 2022, Case #: 0:21cv2679, Categories: Fiduciary Duty, Contracts
J. Tunheim partially grants the defendant business partner's motion to dismiss the plaintiff partner's suit alleging that he was cut out of the sale of the partners' company. A fiduciary-duty claim is dismissed so far as it is predicated on a principal-agent relationship, since no facts supporting such a relationship are included in the plaintiff partner's operative complaint. The claim may otherwise proceed predicated on the partners' joint limited liability company membership. Three other claims also survive.
Court: USDC Northern District of California, Judge: Hayes, Filed On: September 26, 2022, Case #: 3:22cv720, Categories: Consumer Law
J. Hayes finds in favor of the consumer on his claims that the solar panel broker unlawfully placed pre-recorded solicitation calls and texts to his phone without permission. The consumer is entitled to $11,000 in statutory damages for the company's 22 violations of the Telephone Consumer Protection Act. However, he is not entitled to treble damages because the $11,000 in statutory damages is sufficient to deter the company from violating the Act in the future.
Court: 10th Circuit, Judge: Holmes, Filed On: September 26, 2022, Case #: 20-3062, Categories: Robbery
J. Holmes finds that the lower court properly denied a motion from defendant to challenge his convictions for a series of robbery-related charges. Claims on appeal looking to show that his Hobbs Act robbery charges, in this instance, should not be deemed a "crime of violence" are without merit and unpersuasive. Affirmed.
Court: Washington Court Of Appeals, Judge: Coburn, Filed On: September 26, 2022, Case #: 82788-0-I, Categories: Insurance
J. Coburn finds that the lower court properly awarded a $2.4 million judgment in favor of an individual who was T-boned by a car and suffered long term injuries. An insurance company claims on appeal that the lower court mischaracterized the accident and improperly awarded fees, but testimony that helped characterize the accident was properly admitted and the fees were all within the right equitable grounds. Affirmed.
Court: USDC Eastern District of California, Judge: Nunley, Filed On: September 26, 2022, Case #: 2:20cv1152, Categories: Civil Rights
J. Nunley denies City of Sacramento's motion for summary judgment in a case brought on by three minors who allege excessive police force was used on them. Given the conflicting evidence before the court, it should be up to a a trier of fact to resolve the disputed accounts between the officers and the minors who say a gun was pointed at them.
Court: USDC Eastern District of California, Judge: Oberto, Filed On: September 26, 2022, Case #: 1:20cv1795, Categories: Employment
J. Oberto denies motion for class certification in an employment dispute. The proposed class has not met the commonality and adequacy requirements wage claims.
Court: Wyoming Supreme Court, Judge: Boomgaarden, Filed On: September 26, 2022, Case #: S-22-16, Categories: Property
J. Boomgaarden finds that the lower court properly granted summary judgment in favor of a son after his mom sued him for property parcel title. The lower court properly determined that she has no equitable interest in the disputed property and does not have the standing to bring a quiet title claim. Affirmed.
Court: USDC Oregon, Judge: Mosman, Filed On: September 26, 2022, Case #: 2:20cv2158, Categories: Environment, Government
J. Mosman grants summary judgment to the Ochoco National Forest Supervisor Shane Jeffries for the conservation group's claim that Jeffries and the United States Forest Service approved a logging project that would cut 500 old growth trees. The Forest Service's actions are not arbitrary regulations preliminarily identified the need to amend the Ochoco Land and Resource Management Plan.
Court: USDC Western District of Washington, Judge: Zilly, Filed On: September 26, 2022, Case #: 2:18cv1132, Categories: Debt Collection, Experts
J. Zilly denies the debt collection agency's motion to exclude the testimony of the expert for the students' claim that the debt collection agency filed false and misleading affidavits to gain control of their student loans. The expert qualifies to testify about the authenticity of six Excel spreadsheets due to his 18 years of experience in the computer forensics field.
Court: USDC Western District of Washington, Judge: Settle, Filed On: September 26, 2022, Case #: 3:22cv5142, Categories: Civil Rights, Due Process
J. Settle grants the county's motion to dismiss with prejudice the civilian's Monell claim that the county's officers unreasonably used a K-9 unit against her, causing injuries. The civilian does not provide specific factual allegations proving that the county has a custom of inadequate police training, though she does put forward a sufficient excessive force claim.
Court: USDC Oregon, Judge: Simon, Filed On: September 26, 2022, Case #: 3:20cv1035, Categories: Government, Class Action
J. Simon grants the city's motion to dismiss the observers' second amended complaint that the city's police officers targeted and attacked them at protests against police brutality because they are journalists and legal observers. The observers fail to prove that they face a likelihood of repeated harm from police at future protests.The observers may file a third amended complaint alleging claims against individuals within 14 days of this order.
Court: USDC Oregon, Judge: Aiken, Filed On: September 26, 2022, Case #: 1:22cv1146, Categories: Trademark, Business Practices
J. Aiken grants the solar energy company's motion for a preliminary junction preventing the former contractor from using the solar energy company's trademark during their lawsuit. The solar energy company has advanced evidence of its use of the trademark since 2019. The former contractor has 30 days to file a report in writing under oath the manner and form in which he complies with the order.
Court: USDC Southern District of New York, Judge: Karas, Filed On: September 26, 2022, Case #: 7:19cv7133, Categories: Civil Rights, Employment
J. Karas partially finds for the town in an employee suit alleging intentional gender discrimination. The employee cannot identify a male comparator who was treated more favorably than she was treated. However, she raises a valid failure to promote claim based on the town's decision not to promote her and instead hire a man who had been fired two years earlier for making rascist comments.
Court: USDC Southern District of New York, Judge: Castel, Filed On: September 26, 2022, Case #: 1:20cv10723, Categories: Fraud, Contracts
J. Castel denies defendant's motion to dismiss a fraud suit alleging the investor was fraudulently induced to reduce his ownership interest in two companies from 50% to 20%. The exclusive forum provision of the original 2010 stock agreement controls and gives this court personal jurisdiction over the defendant.
Court: Illinois Supreme Court, Judge: Theis, Filed On: September 26, 2022, Case #: 127603, Categories: Negligence, Wrongful Death
J. Theis finds that the appeals court improperly found the transit authority can be sued for negligence after a man was struck and killed by a train after he trespassed into a subway tunnel and fell next to the tracks. The transit agency had no duty to protect the man from the open and obvious danger of a moving train, and there is no allegation the train operator saw the man before hitting him. Reversed.
Court: 7th Circuit, Judge: Scudder, Filed On: September 26, 2022, Case #: 22-1138, Categories: Civil Procedure
J. Scudder finds that this appeal must be dismissed because the defendant father died during the course of this litigation so the relief sought by his son regarding the management of the family business is no longer possible.
Court: USDC Southern District of New York, Judge: Caproni, Filed On: September 26, 2022, Case #: 1:20cv2849, Categories: Disability Discrimination, Employment
J. Caproni grants the medical center's motion to dismiss a nurse's discrimination and retaliation suit. The nurse could not perform heavy lifting due to a knee condition, but accommodating her disability would not have been reasonable, as lifting is an essential function of her job.
Court: Illinois Appellate Court, Judge: Lampkin, Filed On: September 26, 2022, Case #: 211224, Categories: Civil Rights, Employment
J. Lampkin finds that the lower court properly granted the employer's motion to dismiss an employee's retaliatory discharge claim based on her being fired for refusing to allow the employer to buy a life insurance policy that would allow it to recover upon her death. However, she may pursue an implied private right of action retaliatory discharge claim under the Insurance Code. Affirmed in part.
Court: USDC Eastern District of Missouri, Judge: Pitlyk, Filed On: September 26, 2022, Case #: 4:21cv187, Categories: Employment, Labor
J. Pitlyk finds for the employer on an employee's claims he was denied FMLA leave after testing positive for Covid-19. The employee never told his employer he was requesting leave under the FMLA.
Court: USDC Eastern District of Missouri, Judge: Pitlyk, Filed On: September 26, 2022, Case #: 4:19cv1867, Categories: Fraud, Consumer Law
J. Pitlyk grants the clothing stores' motion to dismiss a class action alleging they misled consumers about the "regular" price of its clothes, versus the sale price, when the items were more often offered at the sale price. The consumers cannot show that the clothes were actually worth less than what they paid for them, and so suffered no loss.
Court: Illinois Appellate Court, Judge: McLaren, Filed On: September 26, 2022, Case #: 210740, Categories: Jury, Sex Offender
J. McLaren finds that the lower court properly dismissed an indictment charging defendant with sexual assault. The indictment must be dismissed because a witness misled the jury to believe to believe defendant confessed to the crime. Affirmed.