133 results for 'filedAt:"2023-08-29"'.
Vice Chancellor Glasscock declines to dismiss contract claims challenging a complex scheme to monetize illiquid assets. Due to the multiple contracts at issue, it is impossible to determine intent or rights under the agreements at the pleading stage. However, fraud and promissory estoppel claims counts should be dismissed for failure to state a claim.
Court: Delaware Chancery Court, Judge: Glasscock, Filed On: August 29, 2023, Case #: 2022-0167-SG, Categories: Civil Procedure, Fraud, Contract
[Consolidated.] J. Rao grants, in part, a company's petition for review regarding the Food and Drug Administration denial of its applications to market certain vape products. The FDA did not fully analyze the health benefits of the company's unflavored vape products before denying its application.
Court: DC Circuit, Judge: Rao, Filed On: August 29, 2023, Case #: 22-1076 , Categories: Administrative Law, Consumer Law
J. Srinivasan reverses the district court's finding for the government on a publisher's constitutional challenge to the requirement it submit two copies of a printed work within three months of publication or face fines. The Copyright Office’s application of the requirement under the Copyright Act was an unconstitutional taking. Reversed.
Court: DC Circuit, Judge: Srinivasan, Filed On: August 29, 2023, Case #: 21-5203 , Categories: Constitution, Copyright
J. Kugler grants the motion of a group of funds for consolidation and appointment as lead plaintiff in a securities class action, and grants another investor's motion for consolidation while denying his motion for appointment as lead plaintiff. The group of funds has a larger financial interest in the case and are otherwise appropriate as a lead plaintiff. Another fund's motion to withdraw is granted.
Court: USDC New Jersey, Judge: Kugler, Filed On: August 29, 2023, Case #: 1:23cv2763, NOS: Securities/Commodities/Exchange - Other Suits, Categories: Securities, Class Action
J. Leinenweber dismisses a Medicaid benefits class action, finding the class members’ claims became moot in November 2022. The suing nursing home residents were approved to receive Medicaid benefits, but were nevertheless charged directly for their nursing care allegedly because the Illinois Department of Healthcare and Family Services rejected a separate set of their nursing home resident-specific paperwork. Regardless of the substance of their class Medicaid claims, the court finds the named class representatives lack standing as they have had no outstanding healthcare invoices since November 2022.
Court: USDC Northern District of Illinois, Judge: Leinenweber, Filed On: August 29, 2023, Case #: 1:22cv63, NOS: Other Statutory Actions - Other Suits, Categories: Medicaid, Negligence, Class Action
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J. Jacobs finds a lower court properly convicted a defendant for sexual exploitation of a minor, but erred in denying his motion to suppress certain evidence. The State argued that the defendant's conviction was reasonable after he was caught communicating with an alleged minor female, which included statements that he was "definitely cool" to meet up to see her "sexy ass," and that he was willing to cross State lines to do so. However, the defendant presented sufficient evidence that the government committed reversible error when it admitted "other-act evidence" in court. Reversed in part.
Court: Arizona Court Of Appeals Division One, Judge: Jacobs, Filed On: August 29, 2023, Case #: 1 CA-CR 22-305, Categories: Evidence, Sex Offender
J. Smith finds the lower court properly granted summary judgment to a restaurant in this matter of alleged negligence. An individual alleges that an employee of a McDonald’s restaurant failed to follow company policies when mopping the dining room floor of the restaurant, resulting in negligence that caused the complainant to slip in fall during his visit. Video surveillance evidence does not support the individual's account of the incident. Affirmed.
Court: Mississippi Court Of Appeals, Judge: Smith, Filed On: August 29, 2023, Case #: 2022-CA-00439-COA, Categories: Negligence
J. Gan upholds the bankruptcy court's denial of a bakery's motion to assume and assign a settlement agreement that provides for the release of the bakery's $46 million liability to a pension fund. The agreement is not considered an executory contract because the fund's obligation to release the bakery's liability is not due until the bakery pays the agreed-upon $3 million settlement. Affirmed.
Court: 9th Circuit, Judge: Gan, Filed On: August 29, 2023, Case #: EC-23-1001-GLB, Categories: Bankruptcy, Settlements
J. Decker finds the lower court properly granted default judgment in favor of an auto buyer. The auto buyer went to a seller to purchase a work truck to start a car hauling business, and the seller told the buyer that a diagnostic would be done on the engine and transmission. The seller contacted that buyer and said everything checked out with the exception of the air conditioner, and the buyer purchased the vehicle. The buyer experienced issues with the vehicle immediately after taking possession, and approximately one month later the engine failed. The buyer sued and he was granted default judgment as well as damages and attorney fees. The seller argues that the judgment is not valid because there is an arbitration agreement in the sales contract, but the seller did not attempt to exercise the arbitration clause until after the lower court granted default judgment, therefore the right to arbitration was waived. Affirmed.
Court: Virginia Court Of Appeals, Judge: Decker, Filed On: August 29, 2023, Case #: 0728-22-2, Categories: Arbitration, Vehicle, Damages
J. Farris finds an Administrative Law Judge (ALJ) properly denied a cleaner’s claim for workers’ compensation benefits. While the ALJ did determine that the cleaner sustained an injury while working as a cleaner for an electric company, it was not a compensable injury and she was working as a contractor, not an employee of the company. Additionally, the cleaner untimely filed her notice of judicial review, missing the deadline by approximately three months. Affirmed.
Court: Texas Courts of Appeals, Judge: Farris, Filed On: August 29, 2023, Case #: 01-22-00761-CV , Categories: Insurance, Workers' Compensation
J. Page finds that the zoning board properly denied the marijuana dispensary's request for a variance to construct a drive-through land for medical marijuana patients to pick up prescriptions. The dispensary's property has two front yards within the meaning of the zoning code, and the proposed drive-through violated code because it was not located in a side or rear yard of the property. Affirmed.
Court: Missouri Court Of Appeals, Judge: Page, Filed On: August 29, 2023, Case #: ED111005, Categories: Zoning
J. Zilly dismisses the Korean restaurant's claims for violation of its substantive due process rights in its lawsuit alleging that the city did not answer the Korean restaurant's calls for help for the Capital Hill Occupying Protest's foreseeable issues involving property damage, loss of business revenue and violent crime. The Korean restaurant alleges that the city created a generalized danger for everyone in the protest area and the Capitol Hill neighborhood, but this argument fails because the city's response to the protest was not directed toward the Korean restaurant.
Court: USDC Western District of Washington, Judge: Zilly, Filed On: August 29, 2023, Case #: 2:23cv540, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Property, Due Process
J. Freudenthal grants the minerals company summary judgment for the claim regarding the Nine Mile Lease and the adjoining lands in the coal company's lawsuit over the calculation of the advance minimum production royalties of Bridger Coal's mines. The lease that is subject to the claim is not a contiguous lease or contiguous permit, meaning it does not constitute adjoining lands for the purposes of either the minimum production obligation or advance royalty calculation.
Court: USDC Wyoming, Judge: Freudenthal, Filed On: August 29, 2023, Case #: 2:22cv102, NOS: Other Contract - Contract, Categories: Environment, Contract
J. Lorello finds that the trial court was within its discretion to sentence defendant to 10 years for first degree kidnapping and and a consecutive five years for aggravated assault. Though older and lacking a criminal past, he did not demonstrate remorse or control over his violent impulses, and without police intervention he planned to harm the victim further. Affirmed.
Court: Idaho Court Of Appeals, Judge: Lorello, Filed On: August 29, 2023, Case #: 49883, Categories: Sentencing, Assault, Kidnapping
J. Rubin partially denies a mortgage company its motion for dismissal of multiple allegations including negligence and fraud brought by a property owner. The company invited him to apply for mortgage assistance again after it denied his initial application even though it had said his mortgage was not qualified. The owner reapplied because he had to do so to remain on the property. Next, he received notice that his mortgage was in default from a debt collection law firm. At this stage, it is not clear whether the company owed the owner a tort duty, so negligence cannot be dismissed. Also, the company continued to pitch assistance to him knowing his mortgage did not qualify, and he went into default as a result. Thus, fraud cannot be ruled out either at this point.
Court: USDC Maryland, Judge: Rubin, Filed On: August 29, 2023, Case #: 1:21cv3012, NOS: Other Fraud - Torts - Personal Property, Categories: Fraud, Property, Banking / Lending
J. Pedersen finds that the lower court properly granted the state defendants' pleas to the jurisdiction and dismissed the appellant's claims alleging that he was harmed when they ended the state's participation in a federal relief program related to the Covid-19 pandemic. The appellant failed to establish a waiver of immunity. Affirmed.
Court: Texas Courts of Appeals, Judge: Pedersen, Filed On: August 29, 2023, Case #: 05-22-00502-CV, Categories: Employment, Immunity, Covid-19
J. Schroeder denies a car parts company its motion to dismiss allegations of Clean Air Act violations brought by the federal government. The government claims that the company sells aftermarket devices that foil the environmental standards of the vehicle inspection process. Although the company argues it sells the devices strictly to stock car drivers, rendering those cars no longer “motor vehicles,” any factual issues cannot be decided at this point, and the government has made a plausible argument.
Court: USDC Middle District of North Carolina, Judge: Schroeder, Filed On: August 29, 2023, Case #: 1:22cv495, NOS: Environmental Matters - Other Suits, Categories: Environment, Vehicle
J. Russell denies in part a boat captain’s motion for summary judgment in a suit alleging negligence against him brought by family members of two men who died while deep sea fishing. The captain did not advise three passengers to wear life vests, one of whom had not fished with him before. A rogue wave hit the boat and a second wave capsized it. One passenger jumped into the water before it flipped and survived, while the captain swam out from underneath it after. However, the other two men drowned. The captain argues that because the men were trapped under the boat, whether they wore life vests or not is irrelevant. However, a reasonable person could assume that the men may have survived had the captain required them to wear life vests.
Court: USDC Maryland, Judge: Russell, Filed On: August 29, 2023, Case #: 1:16cv2695, NOS: Marine - Torts - Personal Injury, Categories: Maritime, Negligence, Wrongful Death
J. Simon grants the former employee leave to file an amended complaint alleging that the food forming equipment manufacturer's supervisor pressured the former employee to leave quarantine, despite his hypercoagulable disorder putting him at greater risk of contracting Covid-19, which led to his termination. The former employee can add new allegations related to his claims, because he learned additional facts after the stay of discovery was lifted in January 2023, and adding these facts will not cause an undue burden against the manufacturer.
Court: USDC Oregon, Judge: Simon, Filed On: August 29, 2023, Case #: 3:21cv880, NOS: Employment - Civil Rights, Categories: Employment, Discovery, Covid-19
J. White allows some civil rights claims to continue against California officers and officials from a man who says he was subjected to excessive force and hit with a direct impact round to his eye while peacefully observing the George Floyd demonstrations. While a series of failure to train claims are tossed, as well as claims against some specific officers involved, the man's failure to intervene claims can continue. The claims will need more evidence down the road, such as videos or affidavits, but survive at this stage.
Court: USDC Northern District of California, Judge: White, Filed On: August 29, 2023, Case #: 4:22cv3106, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Police Misconduct
J. Bishop finds the juvenile court properly terminated the mother’s parental rights to her children. The state has alleged that the children lacked proper care by reason of the faults or habits of the mother, who signed a voluntary agreement to place the children in temporary custody with the Department of Health and Human Services. Both children tested positive for amphetamine, cocaine and cannabinoids, and the mother has failed to work with the department on a voluntary basis. She has also failed to provide safe, stable and appropriate housing and has left the children with inappropriate caregivers. All evidence supports the best interest determination. Affirmed.
Court: Nebraska Court Of Appeals, Judge: Bishop, Filed On: August 29, 2023, Case #: A-23-055, Categories: Family Law, Guardianship
J. Molaison finds that the trial court properly dismissed a voter's petition objecting to the qualifications of a candidate running for the District 5 council seat in St. John the Baptist Parish. In this case, there is sufficient evidence to show that the candidate resided in the Council 5 district for more than six months before qualifying to run for office. The candidate introduced documentary evidence of a Notice of Rule to Show Cause in a civil proceeding, a credit card statement, and a Louisiana vehicle registration certificate from 2022 to support that he resided in the district. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Molaison, Filed On: August 29, 2023, Case #: 23-CA-422, Categories: Elections, Evidence
J. Nalbandian finds the trial court properly used a state drug conviction to set defendant's base sentencing level for possession of an illegal firearm. Federal sentencing guidelines do not require the use of the Controlled Substances Act and give courts discretion to use a qualifying state court conviction. Meanwhile, the trial court properly added a sentencing enhancement for reckless endangerment because defendant's conduct, which included firing the gun outside his home all day and briefly barricading himself in the property when police arrived, unquestionably put police and bystanders in danger. Affirmed.
Court: 6th Circuit, Judge: Nalbandian, Filed On: August 29, 2023, Case #: 22-1280, Categories: Drug Offender, Firearms, Sentencing