183 results for 'filedAt:"2023-09-26"'.
J. Arguello denies defendants summary judgment in co-inventors' dispute as to ownership of patent application 16/926,991 because plaintiff contributed to the product's inception even if he had not developed the software himself, and thus he established an inventorship claim.
Court: USDC Colorado, Judge: Arguello, Filed On: September 26, 2023, Case #: 1:21cv1152, NOS: Patent - Property Rights, Categories: Patent
J. Segal finds that the trial court properly held that a gym operator was not excused from paying rent by a force majeure clause in the lease, which the operator argued was triggered by Covid-19 government closure orders. Also, the orders did not prohibit the operator from continuing a facility renovation that was underway when the orders were issued. And neither the doctrines of temporary frustration of purpose or impossibility applied. Affirmed.
Court: California Courts Of Appeal, Judge: Segal, Filed On: September 26, 2023, Case #: B320562, Categories: Landlord Tenant, Covid-19
J. Knepp grants the insurer's motion for summary judgment, ruling any insurable interests held by the resort owner were extinguished when it accepted the deed to the property in lieu of foreclosure. Therefore, the insurer is not required to provide coverage for any property damage sustained in a storm.
Court: USDC Northern District of Ohio, Judge: Knepp, Filed On: September 26, 2023, Case #: 3:19cv2854, NOS: Other Personal Injury - Torts - Personal Injury, Categories: Insurance, Banking / Lending, Contract
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J. Behm declines to reconsider the refusal to enjoin online sellers from flooding the market with products infringing patent no. 8,899,631, which concerns mini-loom kits and Rainbow Loom trademarks, because evidence did not indicate defendants' products would likely cause confusion or that the manufacturer had a high likelihood of prevailing in the suit.
Court: USDC Eastern District of Michigan, Judge: Behm, Filed On: September 26, 2023, Case #: 4:22cv12963, NOS: Patent - Property Rights, Categories: Patent
J. Barrett grants the class of logistics account executives' motion for summary judgment, ruling the evidence shows they were not exempt from the Fair Labor Standards Act and the employer was required to pay overtime because their primary job was not management of the company's business operations. Although brokering loads is essentially the core business of the employer, the account executives effectively worked as sales employees and do not fall within the administrative exception of the Act; therefore, the employer must pay liquidated damages to compensate the employees for unpaid overtime.
Court: USDC Southern District of Ohio, Judge: Barrett, Filed On: September 26, 2023, Case #: 1:10cv649, NOS: Other Statutory Actions - Other Suits, Categories: Employment, Class Action, Labor
J. Thrash rules in favor of the insurer in a declaratory judgment and breach of fiduciary duty action brought by the insureds seeking a declaration that they had $100,000 in uninsured/underinsured motorist coverage. The action arose after a car collision. The insureds lack a private right of action for the alleged failure to provide proscribed coverage notice along with the policy. The insurance commissioner has exclusive authority to enforce the regulation. No fiduciary relationship existed between the parties.
Court: USDC Northern District of Georgia, Judge: Thrash, Filed On: September 26, 2023, Case #: 1:22cv4271, NOS: Motor Vehicle - Torts - Personal Injury, Categories: Insurance, Fiduciary Duty
J. Barker denies the construction company's motion to dismiss, ruling that even if the court takes the owner at her word and assumes she was not served, her continued and active participation in this lawsuit over the past 18 months waives any failure of service argument and gives this court jurisdiction over the bond owner's claims.
Court: USDC Northern District of Ohio, Judge: Barker, Filed On: September 26, 2023, Case #: 1:21cv593, NOS: Other Contract - Contract, Categories: Construction, Jurisdiction, Contract
J. Gaertner finds that the lower court improperly dismissed a minor's suit against the mental health center after an employee recognized him as her daughter's former boyfriend, accessed his records, then told her daughter about his treatment, who then repeated his medical information to other kids at school, resulting in his being bullied. The minor's claims are for the breach of duty of confidentiality, which are not related to his medical treatment, and therefore he was not required to file a medical affidavit. Reversed.
Court: Missouri Court Of Appeals, Judge: Gaertner, Filed On: September 26, 2023, Case #: ED111339, Categories: Privacy, Medical Malpractice
Per curiam, the appellate division finds that the lower court properly denied the construction firm's motion to dismiss a third-party complaint in a construction injury suit stemming from an unsecured gate blowing in the wind. Dismissal is inappropriate where the identity of the period who failed to secure the gate property is still unknown. Affirmed.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: September 26, 2023, Case #: 04743, Categories: Construction, Tort
J. Rice finds that the Attorney General properly rejected a ballot initiative to amend the state constitution to limit property tax increases. The multiple and unrelated changes contained in the initiative would alter the ways that multiple, separate agencies assess and collect property taxes, in violation of the separate-vote requirement of the constitution, which requires that individual constitutional ballot issues be presented to voters separately. Affirmed.
Court: Montana Supreme Court, Judge: Rice, Filed On: September 26, 2023, Case #: OP 23-0331, Categories: Elections, Property, Tax
J. Hull holds that the trial court properly treated a couple's separate and community assets that were commingled after separation as community property. The husband, who sought to claim some commingled assets as separate property, failed to meet his burden since his aggregate analysis method of tracing the commingled assets was not sufficiently detailed. Also, the trial court was not required to make findings about the value of the community property at separation. Affirmed.
Court: California Courts Of Appeal, Judge: Hull, Filed On: September 26, 2023, Case #: C095193, Categories: Family Law
J. Jackson finds that the trial court should not have excluded impeachment evidence about the victim's prior convictions and inconsistent statements but the error was harmless and the evidence supports defendant's conviction for corporal injury on a romantic partner. But he is entitled to resentencing due to a retroactively applicable change in law that limits the imposition of upper term sentences. Affirmed.
Court: California Courts Of Appeal, Judge: Jackson, Filed On: September 26, 2023, Case #: A163112, Categories: Robbery, Sentencing, Domestic Violence
J. Rowe finds the trial court properly sustained the grocery store's challenge to evidence sufficiency in this negligence suit brought by a contractor who fell off a ladder supplied by the store when installing a new checkout lane. While a property owner has a duty to keep the premises reasonably safe for a contractor, there is an exception when the owner does not direct the work and the hazards resulting in injury are incidental to the work. The contractor has failed to establish that the owner owed him a duty of care. Affirmed.
Court: Oklahoma Supreme Court, Judge: Rowe , Filed On: September 26, 2023, Case #: 120434, Categories: Construction, Tort, Negligence
J. Fleming denies the estate's motion for summary judgment on its negligence claim against the cable company employee who cut the drop wire that caused the fatal motorcycle accident, ruling questions of fact remain as to whether the employee's decision to cut the line, which ordinarily falls flat across a roadway, was reasonable. Meanwhile, the employee's perfect scores on every field safety test and his training history preclude any direct negligence claim against the employer.
Court: USDC Northern District of Ohio, Judge: Fleming, Filed On: September 26, 2023, Case #: 1:21cv543, NOS: Motor Vehicle - Torts - Personal Injury, Categories: Vehicle, Negligence, Wrongful Death
J. Hall grants, in part, Yale University's motion to dismiss, ruling the constitutional claims filed against it as a state actor by the minority-owned snow removal service fail as a matter of law because the dispute between the parties arose from a purely commercial transaction, not a public function; therefore, the university cannot be considered a state actor.
Court: USDC Connecticut, Judge: Hall, Filed On: September 26, 2023, Case #: 3:22cv1160, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Contract
J. McFadden denies, in part, a bank's motion to dismiss an individual's claims in a foreclosure case. She has sufficiently alleged her claims for violations of the Fair Debt Collection Practices Act, Mortgage Lender and Broker Act and Consumer Protection Procedures Act.
Court: USDC District of Columbia, Judge: McFadden, Filed On: September 26, 2023, Case #: 1:23cv225, NOS: Consumer Credit - Other Suits, Categories: Property, Consumer Law, Banking / Lending
Per curiam, the Supreme Court of Ohio finds attorney Ric Daniell will be suspended from the practice of law for two years for his failure to properly maintain a client trust account, failure to perform adequate work on behalf of clients seeking to adopt several children and his initial refusal to cooperate with the disciplinary committee. Daniell's previous disciplinary issues require he serve at least six months of the suspension, although the remaining 18 months will be stayed, provided he make restitution to the clients and complete continuing education courses.
Court: Ohio Supreme Court, Judge: Per curiam, Filed On: September 26, 2023, Case #: 2023-Ohio-3383, Categories: Sanctions, Attorney Discipline