136 results for 'filedAt:"2024-01-18"'.
J. Immergut grants the property owner default judgment for his quiet title lawsuit claiming that the investment management corporation did not attempt to collect any loan payments from the property owner to release the trust deed after he filed for bankruptcy, and its representatives denied that there was any record of the loan when the property owner called about paying it off. The property owner sufficiently alleges that his title is superior to that of the investment management corporation, because the investment management corporation does not possess the property and the fact that it holds a line of credit trust deed only means that it has a lien, not a legal or equitable interest, on the property.
Court: USDC Oregon, Judge: Immergut, Filed On: January 18, 2024, Case #: 3:23cv1126, NOS: All Other Real Property - Real Property, Categories: Property, Banking / Lending
J. Wainer Apter finds the appellate division improperly ruled that defendant, who was charged with carjacking, had potentially conducted witness tampering when he sent a letter to the victim asking her to tell the truth. The letter did not contain any threats, and the state did not prove that defendant intended the witness to testify falsely or withhold information. Reversed.
Court: New Jersey Supreme Court, Judge: Wainer Apter , Filed On: January 18, 2024, Case #: A-41-22, Categories: Theft, Witnesses
Per curiam, the appellate division finds that attorney Ronald Leonard Daigle, suspended for one year in June 2018 for misconduct in handling an estate matter, may not be reinstated. Daigle failed to show, through submissions and testimony before a special subcommittee, that he possessed the character and fitness to resume practicing or how his reinstatement would serve the public interest.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: January 18, 2024, Case #: PM-04-24, Categories: Attorney Discipline
J. Chuang grants a gas equipment company’s motion to stay the patent infringement suit pending inter partes review of the patent claims. A stay is warranted based on the relevant factors, including the fact it would likely result in undue prejudice.
Court: USDC Maryland, Judge: Chuang, Filed On: January 18, 2024, Case #: 8:22cv2550, NOS: Patent - Property Rights, Categories: Patent
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J. Bonilla declines to dismiss certain takings claims concerning the disclosure of confidential trade secrets belonging to a brand pharmaceutical company because genuine issues remain in dispute as to whether the FDA infringed the brand company's "right to exclude generics from the market" by sharing information with generic drug manufacturers.
Court: Court of Federal Claims, Judge: Bonilla, Filed On: January 18, 2024, Case #: 23-629C, Categories: Property, Trade Secrets
J. Webb finds the trial court properly convicted defendant for two counts of rape, sentencing him to life in prison. Defendant was convicted for raping his granddaughters repeatedly between 1993 and 2003, when the girls were under the ages of 14, and claims the conviction is barred by the statute of limitations. The crimes were reported well after their commission. Charges would be time-barred only if the crimes had been reported before the General Assembly amended the relevant section of law extending the period of limitations. Affirmed.
Court: Arkansas Supreme Court, Judge: Webb , Filed On: January 18, 2024, Case #: CR-23-265, Categories: Sex Offender, Due Process, Child Victims
J. Hicks grants the school district's motion to dismiss this negligence and civil rights suit. The mother of the high school volleyball player alleges the coach of the team harassed her daughter for leaving another municipal team he also coached. Allegations led to the coach's dismissal from the high school team pending investigation, which led to other students harassing the player. The mother fails to establish any element of standing regarding the alleged breach of duty of care. The complaint does not contain sufficient factual allegations to show any faculty conduct was extreme or outrageous.
Court: USDC Nevada, Judge: Hicks , Filed On: January 18, 2024, Case #: 3:22cv520, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Tort, Negligence
J. White grants the insurer's motion to exclude plaintiff's expert testimony regarding how the insurer departed from industry standards in handling the plaintiff's motor vehicle claim because she is a legal expert, not an expert on insurance industry standards. The insurer's partial motion for summary judgment is also granted limiting the amount of uninsured motor vehicle coverage to $25,000.
Court: USDC Eastern District of Missouri, Judge: White, Filed On: January 18, 2024, Case #: 4:22cv724, NOS: Insurance - Contract, Categories: Insurance, Vehicle, Experts
J. Tostrud grants the general contractor's motion for partial summary judgment and denies the subcontractor's in the subcontractor's action seeking payment for its work on a project building a water main under the Mississippi River, denies the subcontractor's motion to exclude expert testimony, partially grants two of the general contractor's motions to exclude expert testimony and fully grants a third. Issues of material fact remain as to whether the general contractor is entitled to delay-related or liquidated damages, and the subcontractor has stipulated to the dismissal of the two counts for which the general contractor seeks summary judgment.
Court: USDC Minnesota, Judge: Tostrud, Filed On: January 18, 2024, Case #: 0:21cv2218, NOS: Other Contract - Contract, Categories: Civil Procedure, Experts, Contract
J. Nugee finds a lower court properly dismissed a patent and trademark law firm's claims that a commission recovery service is not entitled to represent its disgruntled customers in court. The patent and trademark attorneys argued that it is not obligated to remind clients to pay a renewal fee for patent rights, and that it is entitled to pass their personal data to a patent annuities establishment for renewal alerts. However, the patent and trademark attorneys failed to disclose to clients that the renewal fees were exorbitant. Affirmed.
Court: Her Majesty's Court of Appeal, Judge: Nugee, Filed On: January 18, 2024, Case #: CA-2023-691, Categories: Patent, Trademark, Attorney Fees
J. Prost finds that the patent trial and appeal board properly ruled in a dispute over a 3D pointing device capable of accurately outputting a deviation of angles because evidence supported the conclusion that the device is unpatentable. Affirmed.
Court: Federal Circuit, Judge: Prost, Filed On: January 18, 2024, Case #: 2021-1855, Categories: Patent
[Consolidated.] J. Seitz finds that officer exculpation charter amendments adopted by two corporations did not violate the rights of Class A non-voting common stockholders because a separate class vote is not required for adoption of the amendments due to a lack of a class-based power stated in either corporation's charter that grants the right to sue corporate officers for damages for the breach of the duty of care. Affirmed.
Court: Delaware Supreme Court, Judge: Seitz , Filed On: January 18, 2024, Case #: 120, Categories: Corporations
J. Benavides finds that the trial court properly granted summary judgement in favor of a couple, the Galvans, on defamation and emotional distress claims against another couple, the Crews. Some of the claims were properly dismissed based on the Texas Citizens’ Participation Act, while the others were barred by res judicata. The Crews couple allege the trial court extended the summary judgment deadlines in violation of the scheduling order. However, the court overrules this allegation due to no authority being cited or adequately briefed. Affirmed.
Court: Texas Courts of Appeals, Judge: Benavides, Filed On: January 18, 2024, Case #: 13-22-00289-CV, Categories: Anti-slapp, Defamation, Emotional Distress
J. Benavides finds that the trial court properly denied a man’s motion to dismiss his Texas Citizens Participation Act claims brought by a woman under the Texas Election Code. The parties dispute whether TCPA applies in the woman’s challenged claims. “To be entitled to damages, the plaintiff must also demonstrate that the contribution or expenditure was made in opposition to the plaintiff’s candidacy or in support of the defendant’s candidacy.” The woman demonstrated a prima facie case with clear evidence of her financial records. As for the man’s constitutionally contentions they are overruled because the trial court has not considered the challenge.
Court: Texas Courts of Appeals, Judge: Benavides, Filed On: January 18, 2024, Case #: 13-23-00091-CV, Categories: Anti-slapp, Elections
J. Meyer grants the town and its police chief's motion for summary judgment, ruling the police officer's grievances about shift practices were not a matter of public concern and, therefore, cannot constitute protected speech to support his First Amendment retaliation claim, which must be dismissed. Additionally, the comparators cited by the police officer cannot be used to support his employment claims because none of the officers had nearly as many disciplinary infractions or investigations on their record at the time the officer was fired for insubordination.
Court: USDC Connecticut, Judge: Meyer, Filed On: January 18, 2024, Case #: 3:21cv1663, NOS: Employment - Civil Rights, Categories: Employment Retaliation, First Amendment
J. Murguia orders that a case be reheard. The three-judge panel opinion is vacated. The matter stems from a privacy and misappropriation of name and likeness class action in which defendant allegedly used the class lead's name and personal information, including contact information and work histories, to promote its subscription service and sold access to that information without consent.
Court: 9th Circuit, Judge: Murguia, Filed On: January 18, 2024, Case #: 22-35305, Categories: Privacy, Class Action
J. Harris finds the lower court properly found that the debts at issue here are non-dischargeable. The debtor is not allowed to file for bankruptcy because his debt stems from a settlement agreement in which he is paying a woman he willfully physically assaulted. Affirmed.
Court: 4th Circuit, Judge: Harris, Filed On: January 18, 2024, Case #: 22-1762, Categories: Bankruptcy, Settlements, Assault
J. Robart denies the hospital's motion for a protective order relating to its claim that the certified registered nurse anesthetist's interrogatories contain multiple discrete subparts that should be considered separate interrogatories, which relate to the registered nurse's lawsuit accusing the hospital of wrongfully firing her after refusing to give her a medical exemption for a Covid-19 vaccine. The hospital does not explain the basis for its argument that other interrogatories contain multiple discrete subparts, because it does not demonstrate “that a particular subpart of a particular interrogatory introduces a separate and distinct line of inquiry from the one that precedes it, and which could fairly and logically be counted as a new interrogatory against the presumptive limit.”
Court: USDC Western District of Washington, Judge: Robart, Filed On: January 18, 2024, Case #: 2:23cv83, NOS: Amer w/Disabilities-Employment - Civil Rights, Categories: Civil Rights, Employment, Discovery
J. Guerrero finds that the appeals court properly reinstated a representative Private Attorneys General Act complaint that the trial court had dismissed on manageability grounds. Trial courts lack the broad authority to strike claims for judicial economy reasons, as their inherent authority is limited to situations such as frivolous claims and a failure to prosecute. Also, the unique manageability requirements of class actions, which sound in equity, do not apply to Act claims, which are statutory enforcement actions that do not ask trial courts to consider superiority or the predominance of common issues. Affirmed.
Court: California Supreme Court, Judge: Guerrero, Filed On: January 18, 2024, Case #: S274340, Categories: Civil Procedure, Employment, Class Action
J. Merchant tosses a class action lawsuit alleging a lithium refiner made false or misleading statements in connection with a troubled mining project located in North Carolina. The project involved extracting spodumene, which would then be converted into lithium hydroxide for use in electric vehicles. However, the company’s stock price suffered a 20% drop after a Reuters article cited issues with the project, including its failure to obtain the necessary zoning permits from the local government. The litigant’s claims fail to establish scienter.
Court: USDC Eastern District of New York, Judge: Merchant, Filed On: January 18, 2024, Case #: 1:21cv4161, NOS: Securities/Commodities/Exchange - Other Suits, Categories: Energy, Securities, Class Action
J. Coogler grants the school district, its board members and two bus drivers’ motion to dismiss this denial of access to courts and racial discrimination claims stemming from a car collision. Two Black women allege that a bus driver was being trained by another when the bus veered over and ran the vehicle off the road hitting a concrete barrier. The women state they would have received better treatment if they were white but, fail to support the inference of discrimination. The court denies exercising supplement jurisdiction over this case.
Court: USDC Northern District of Alabama , Judge: Coogler, Filed On: January 18, 2024, Case #: 7:23cv1082, NOS: Other Personal Injury - Torts - Personal Injury, Categories: Vehicle, Negligence, Jurisdiction
J. Soto finds a lower court did not err in sentencing defendant to life in the shooting death of another person. Defendant argued his rights were infringed by comments made during the trial, including by a cop who testified during guilt-innocence that the shooting was “absolutely not” justified, but even if this opinion testimony was improperly admitted, it “does not result in constitutional error,” not least because defendant did not timely object to it, and the jury rejected defendant’s mitigating arguments despite receiving proper instructions. Affirmed.
Court: Texas Court of Criminal Appeals, Judge: Soto, Filed On: January 18, 2024, Case #: 08-23-00115-CR, Categories: Sentencing, Due Process, Jury Instructions
J. Hightower denies an insurance company’s motion for a protective order and an alternative motion to quash subpoenas in a discovery dispute with a home building company over alleged construction defects at hundreds of properties, which the building company argues should be covered by its insurance. The insurance company argues the court has not yet ruled on whether the policy was ambiguous and therefore that “underwriting materials and extrinsic evidence” about the policies are not “relevant or discoverable,” but the court is not ruling on whether these materials “should be admitted into evidence,” and the insurance company has not met its burden to disregard discovery requests.
Court: USDC Western District of Texas , Judge: Hightower, Filed On: January 18, 2024, Case #: 1:22cv1375, NOS: Insurance - Contract, Categories: Evidence, Insurance, Discovery
J. Lynch finds that the lower court properly altered a prior shared-custody order to reduce the mother's parenting time and give the father primary physical custody of their child. The child's interests were best served by the father, who was employed, married and offered a stable home environment compared to the mother, who had no full-time job and an unkempt house, and was under investigation for the death of her newborn to an unsafe sleeping position. Affirmed.
Court: New York Appellate Divisions, Judge: Lynch, Filed On: January 18, 2024, Case #: CV-23-0330, Categories: Family Law