157 results for 'filedAt:"2023-08-02"'.
J. D’Angelo affirms the defendant’s rape conviction. The defendant knew the victim was intoxicated because his roommate pointed it out more than once, expressed fear that the victim would vomit on his bed, and the victim slurred her words and was unable to find her own apartment or identify where she was. Furthermore, the defendant was not impaired by drugs or alcohol.
Court: Massachusetts Court Of Appeals, Judge: D’Angelo, Filed On: August 2, 2023, Case #: 22-P-583, Categories: Intent, Sex Offender, Assault
Per curiam, the appellate division finds that the lower court improperly denied Lyft's motion to dismiss a negligence suit alleging a Lyft driver masturbated while transporting a child, and only stopped when he noticed the child was filming him on a cell phone. The driver's conduct had nothing to do with his duties as a Lyft driver and was committed solely for personal motives unrelated to Lyft's business. Therefore, Lyft cannot be held liable for his actions. Reversed.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: August 2, 2023, Case #: 04102, Categories: Employment, Negligence
J. Jensen finds that the circuit court properly denied an individual's motion for summary judgment on the question of anticipatory breach by actor Kevin Costner after Costner commissioned the individual to create 17 large bronze sculptures of buffalo and Lakota warriors on horseback to display at The Dunbar, a luxury resort Costner planned to build on property he owned near Deadwood, South Dakota. The individual commenced litigation against Costner in 2008, after The Dunbar had not been built, alleging that Costner was required to sell the sculptures and split the profits with the individual pursuant to the terms of a prior written agreement. However, the circuit court reversed summary judgment in favor of Costner and remands for further proceedings. Affirmed in part.
Court: South Dakota Supreme Court, Judge: Jensen, Filed On: August 2, 2023, Case #: 2023SD40, Categories: Contract
J. Jensen concludes that the Department of Corrections and Rehabilitation does have the authority to provide the supervision of probation and declines to exercise the North Dakota Supreme Court's supervisory jurisdiction. The matter stems from Department of Corrections and Rehabilitation petitions for the North Dakota Supreme Court to exercise its original supervisory jurisdiction to direct a judge to amend a portion of a criminal judgment imposing probation as part of a sentence.
Court: North Dakota Supreme Court, Judge: Jensen, Filed On: August 2, 2023, Case #: 2023ND143, Categories: Jurisdiction, Prisoners' Rights
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J. Sanchez holds that a cannabis distributor's allegations against the Department of Cannabis Control should have survived demurrer. The complaint sufficiently alleged the Department failed to properly implement its track and trace program to monitor cannabis distribution. Documents provided by the Department do not prove that it created an electronic database to flag irregularities as required by statute. Reversed.
Court: California Courts Of Appeal, Judge: Sanchez, Filed On: August 2, 2023, Case #: G061298, Categories: Civil Procedure, Tax
J. Bock finds that the lower court did not err when it found the prenuptial agreement between the parties was valid and enforceable because evidence in the record indicates the wife signed the agreement prior to the wedding. The husband's alleged misstatement of assets is based on speculation by the wife, which is insufficient to support her contention the document was the result of fraud. Affirmed.
Court: Ohio Court Of Appeals, Judge: Bock, Filed On: August 2, 2023, Case #: 2023-Ohio-2673, Categories: Family Law, Fraud, Contract
J. Bahr finds that the district court properly dismissed an action with prejudice against the Milnor School District concerning a teacher's employment contract. The teacher failed to allege facts sufficient to support rescinding a contract for undue influence. Affirmed.
Court: North Dakota Supreme Court, Judge: Bahr, Filed On: August 2, 2023, Case #: 2023ND147, Categories: Education, Employment
J. Martinez grants the user's motion to compel discovery regarding all users' personal information and purchase history related to his class action alleging that the game developer used misleading sale offers and endlessly resetting countdown timers to advertise in-game items such as virtual chips or virtual gold. The user successfully argues that this information is relevant to discovery purposes because the lawsuit is centered around in-app purchases made due to false advertising, and a review of information from potentially harmed users who made purchases after February 2021 is necessary to calculate damages.
Court: USDC Western District of Washington, Judge: Martinez, Filed On: August 2, 2023, Case #: 2:22cv1806, NOS: Other Fraud - Torts - Personal Property, Categories: Damages, Discovery, False Advertising
J. Jones grants the electric company’s petition for review of the Federal Energy Regulatory Commission’s order on remand for its cost allocation scheme for electrical grid improvements in the American West. FERC’s orders violate the Federal Power Act as a matter of law and the agency inadequately explains its actions. The cost causation principle does not authorize FERC to force its regulated jurisdictional utilities to assume the costs of providing service to non-jurisdictional utilities. The cost causation principle, which says that if a non-jurisdictional utility opts out, if the threshold ratio is met, the benefits for jurisdictional utilities will remain “roughly commensurate” with the costs, does not test whether benefits exceed costs, but whether benefits to particular utilities are linked to costs “caused” by those utilities. Affirmed.
Court: 5th Circuit, Judge: Jones, Filed On: August 2, 2023, Case #: 18-60575, Categories: Energy, Agency, Jurisdiction
J. Barker grants in part the cheerleading organizations' motion to dismiss, ruling that the cheerleader cannot bring claims against them under the Child Abuse Victims' Rights Act because there are no allegations the organizations performed any of the predicate acts that make up the claims and the Act does not allow for secondary liability, even if the organizations were aware of abuse by several coaches. Meanwhile, the cheerleader's alleged loss of a potential career as a professional cheerleader is not sufficient to establish a concrete injury that would grant standing to bring RICO claims, and those claims will also be dismissed.
Court: USDC Northern District of Ohio, Judge: Barker, Filed On: August 2, 2023, Case #: 1:21cv2139, NOS: Other Statutory Actions - Other Suits, Categories: Negligence, Racketeering
J. Patterson finds the appellate division properly allowed the police detective to narrate surveillance video from a nearby building showing defendant firing a gun at a police officer in an attempted murder. The narration did not need to be excluded because most of it pertained to the role of the video in the investigation of the crime scene, and the error in allowing narration of the muzzle flash was harmless because defendant admitted he was the person in the video. Affirmed.
Court: New Jersey Supreme Court, Judge: Patterson , Filed On: August 2, 2023, Case #: A-55-21, Categories: Murder, Identification
J. Horan denies an individual's motion for a new trial or remittitur in an intellectual property action. The individual is accused of illegally accessing his former company's filesharing system to obtain marketing materials and sales leads, and hacking its website so that visitors are redirected to his new company's domain. The court finds that a $225,000 verdict in the company's favor is reasonable because the jury may discretely award "goodwill" and "consequential" damages under the Lanham Act and Computer Fraud and Abuse Act.
Court: USDC Western District of Pennsylvania, Judge: Horan, Filed On: August 2, 2023, Case #: 2:18cv165, NOS: Other Contract - Contract, Categories: Remedies, Trade Secrets, Contract
[Consolidated.] J. Grant finds that the district court properly dismissed the construction company's petitions under the Limitation Act seeking to limit its liability for damages caused by Pensacola Bay barges which became unmoored during Hurricane Sally. The barges slammed into the Pensacola Bay Bridge, forcing the bridge to close for months and leading to economic losses for nearby businesses. The district court correctly found that the company could not establish a lack of privity or knowledge because its executives made the decision not to move the barges to safety. Therefore, the company had no right to limit its liability and the district court did not abuse its discretion in dismissing the proceedings. The district court also correctly imposed spoliation sanctions on the company for failing to back up employees' phones and failing to suspend data destruction policies. Affirmed.
Court: 11th Circuit, Judge: Grant, Filed On: August 2, 2023, Case #: 21-13850, Categories: Maritime, Sanctions
J. Hudson grants the brother's motion to dismiss defamation claims. An attorney and his wife allegedly beat an employee and neighbor unconscious in a drunken rage one evening. After the employee sought charges, the couple took to Facebook to start a campaign claiming the employee was a liar. No evidence was given of the wife's brother contributing to the postings for him to be liable.
Court: USDC Eastern District of Virginia, Judge: Hudson, Filed On: August 2, 2023, Case #: 3:23cv17, NOS: Assault, Libel, & Slander - Torts - Personal Injury, Categories: Negligence, Defamation, Assault
J. Parker rules partially in favor of the agency, which allegedly failed to accommodate the correction officer's hip injury and later forced him to retire while out on leave during an investigation into sexual harassment. The agency does not seek summary judgment on the claim for lost wages, but the complaint does not list specific damages regarding lost wages and the alleged injury regarding his home deposit preceded any alleged retaliation.
Court: USDC Eastern District of Michigan, Judge: Parker , Filed On: August 2, 2023, Case #: 2:20cv10421, NOS: Employment - Civil Rights, Categories: Employment
J. Tunheim denies the insureds' motion to dismiss their insurer's declaratory judgment case against them. This court has jurisdiction over the insurer's claims, and there is no parallel state court action to defer to since the underlying action for which the insurer seeks not to indemnify its insureds is not a parallel action. The declaratory judgment action could bring relief from uncertainty and insecurity to the parties, federal concerns are not implicated in this case, and the insurer's action does not appear to be an effort to influence the underlying action.
Court: USDC Minnesota, Judge: Tunheim, Filed On: August 2, 2023, Case #: 0:22cv2258, NOS: Insurance - Contract, Categories: Insurance, Jurisdiction
J. Corley partially grants the prison officials’ motion for summary judgment on the prisoner’s claims. A portion of the prisoner’s First Amendment retaliation claim, which alleges that a guard attempted to force him to become a “snitch” by threatening to falsely tell other inmates he was one if he did not, is dismissed because the prisoner’s refusal to “snitch” was not protected conduct for a retaliation claim. The portion of the claim related to his filing of a grievance survives, however, and the guard’s qualified immunity argument fails as to that portion of the claim. The case is referred to the Pro Se Prisoner Mediation Program.
Court: USDC Northern District of California, Judge: Corley, Filed On: August 2, 2023, Case #: 3:22cv341, NOS: Prison Condition - Habeas Corpus, Categories: First Amendment, Prisoners' Rights
J. Martinez-Olguin denies the solar cell supplier's motion to dismiss the purchaser's suit against it alleging that it has used the purchaser's trade secrets and solicited other manufacturers to produce solar modules with its solar cells after the shutdown of the purchaser's module-manufacturing business, and partially grants the purchaser's motion for a preliminary injunction. The suppliers are enjoined from using, disclosing or reproducing the purchaser's trade secrets, but a motion to enjoin allegedly defamatory speech regarding the condition of the purchaser's business.
Court: USDC Northern District of California, Judge: Martinez-Olguin, Filed On: August 2, 2023, Case #: 3:23cv1181, NOS: Other Contract - Contract, Categories: Trade Secrets, Defamation, Injunction
J. Deguilio grants summary judgment to an RV manufacturer in this matter concerning a warranty. A consumer purchased an RV with a limited warranty from the manufacturer. Finding a number of defects with the RV, he took it to two different authorized dealers for repair. Several of the issues were addressed, but the consumer was dissatisfied and filed suit against the manufacturer. Despite participating in mediation, a resolution could not be reached. The instant court finds no breach of contract or express warranty.
Court: USDC Northern District of Indiana, Judge: Deguilio, Filed On: August 2, 2023, Case #: 3:21cv222, NOS: Motor Vehicle - Torts - Personal Injury, Categories: Vehicle, Warranty, Contract
J. Valenzuela upholds defendant's civil commitment for sex offender treatment and supervision after he was adjudged a sexually violent predator. Any error regarding a commitment question posed to a juror is harmless given the substantial evidence supporting the jury's verdict. Affirmed.
Court: Texas Courts of Appeals, Judge: Valenzuela, Filed On: August 2, 2023, Case #: 04-22-00324-CV, Categories: Commitment
J. Gross finds that the trial court ruled improperly in favor of the insurance company in this small claims dispute to recover for medical services provided. The medical care provider was not a named party to the previous lawsuit declaring the insurance company did not have to pay certain listed medical providers. Reversed.
Court: Florida Courts Of Appeal, Judge: Gross, Filed On: August 2, 2023, Case #: 4D22-1924, Categories: Insurance, Contract