112 results for 'filedAt:"2024-01-23"'.
J. Boyle grants a hospital’s motion to dismiss allegations of religious discrimination brought by an employee who claims the hospital did not provide her a religious exemption in regards to a Covid-19 vaccine mandate. However, the employee failed to name any discriminatory behavior to which the hospital subjected her, nor did she explain what religious beliefs on her part are in conflict with the mandate.
Court: USDC Eastern District of North Carolina, Judge: Boyle, Filed On: January 23, 2024, Case #: 5:22cv507, NOS: Employment - Civil Rights, Categories: Civil Rights, Employment, Employment Discrimination
J. Cogburn denies a home security company’s motion for attorney fees in its trademark infringement suit against a competitor. In a jury trial, the company was awarded $140 million in punitive damages, some of which can be put toward attorney fees and is sufficient as a deterrent to the competitor not to engage in similar behavior going forward.
Court: USDC Western District of North Carolina, Judge: Cogburn, Filed On: January 23, 2024, Case #: 3:20cv504, NOS: Trademark - Property Rights, Categories: Trade, Trademark, Unfair Competition
J. Bryan dismisses the employees' federal claims accusing the healthcare company of voluntarily agreeing to participate in the Center for Disease Control and Prevention’s Covid-19 vaccination program and then wrongfully firing the employees if they refused to take the Covid-19 vaccine. The employees do not show that the healthcare company's policy enforcement was a public function, as it was not "both traditionally and exclusively governmental," that it constituted a joint action, that it was the result of governmental coercion or that it violated the employees' constitutional rights.
Court: USDC Western District of Washington, Judge: Bryan, Filed On: January 23, 2024, Case #: 3:23cv5741, NOS: Other Civil Rights - Civil Rights, Categories: Employment, Government, Covid-19
J. Rose finds municipalities improperly sought to demand that the governor fill long-standing vacancies on the housing council. While the state legislature expected the governor would make appointments, the executive is not obligated to do so within a certain time period. Further, the relief being sought is not ministerial and cannot be addressed via mandamus.
Court: New Jersey Appellate Division, Judge: Rose , Filed On: January 23, 2024, Case #: A-0050-22, Categories: Administrative Law, Housing, Agency
Want access to unlimited case records and advanced research tools? Create your free CasePortal account now. No credit card required to register.
Try CasePortal for Free
J. McKinnon finds that the trial court properly upheld the Department of Revenue's determination that a tax incentive for new oil wells ran contiguously for 18 months after the start of production, even though production at the subject wells was intermittent. Also, a new owner that took over the wells after that period was not entitled to the tax incentive. To qualify for the tax incentive, production must start back up after a five-year period of nonproduction. Affirmed.
Court: Montana Supreme Court, Judge: McKinnon, Filed On: January 23, 2024, Case #: DA 23-0280, Categories: Energy, Tax
J. Lawrence finds that the lower court properly convicted defendant for domestic violence assault following a jury trial. The court fails to "reach a majority opinion as to the voir dire issue," but it rejects defendant's other arguments on appeal concerning certain evidentiary rulings. The jury's verdict was supported by sufficient evidence, "even if the excluded text messages had been admitted at trial." Affirmed.
Court: Maine Supreme Court, Judge: Lawrence, Filed On: January 23, 2024, Case #: 2024ME4, Categories: Evidence, Assault, Domestic Violence
J. Cole finds the lower court properly denied two of the Cincinnati police officers' motion for immunity on civil rights claims filed by the victims of a collision during a high-speed chase. Although the chase was the result of a joint investigation with the ATF, neither of the officers were deputized or under the direct command of a federal officer; therefore, they were not federal employees acting within the scope of their official duties. Affirmed in part.
Court: 6th Circuit, Judge: Cole, Filed On: January 23, 2024, Case #: 22-5496, Categories: Civil Rights, Government, Immunity
J. Chun dismisses the consumer's Consumer Legal Remedies Act (CLRA) claims accusing Amazon of passing her information to Audible, which signed her up for a 30-day free Audible trial without her consent. The CLRA notice letter that the consumer sent does not meet the relevant statutory notice requirement because it does not cite what specific CLRA provisions Amazon and Audible violated. If the notice letter is revised, the consumer may plead her case again.
Court: USDC Western District of Washington, Judge: Chun, Filed On: January 23, 2024, Case #: 2:23cv1219, NOS: Other Fraud - Torts - Personal Property, Categories: Civil Procedure, Fraud, Consumer Law
J. Whitehead denies the property owners' motion to dismiss the insurance company's attempt to seek a declaration that it has no duty to defend or indemnify Miggy Mover LLC or its owner in an underlying lawsuit brought by the property owners, who claim that Miggy Mover wrongfully withheld their belongings in a storage unit instead of delivering the belongings to the new home. The insurance company adequately pleads its case because it only seeks relief in the form of a declaration of no duty to defend or indemnify, which allows this case to remain in federal jurisdiction.
Court: USDC Western District of Washington, Judge: Whitehead, Filed On: January 23, 2024, Case #: 2:23cv510, NOS: Insurance - Contract, Categories: Insurance, Property, Jurisdiction
J. Gaziano orders a district attorney’s office to disclose to two criminal defense organizations, two defense attorneys, and two former criminal defendants, all of the categories of documents reviewed by the United States Department of Justice to determine whether the district attorney’s office failed to properly investigate and disclose police misconduct and its impact on criminal prosecutions. This is necessary to adjudicate cases of misconduct on a case-by-case basis.
Court: Massachusetts Supreme Court, Judge: Gaziano, Filed On: January 23, 2024, Case #: SJC-13386, Categories: Due Process, Legal Malpractice, Police Misconduct
J. Moritz finds that the lower court improperly denied defendant's motion to withdraw his guilty plea regarding felon in possession of ammunition charges. During the proceedings, counsel misrepresented important information about the racial makeup of the jury that would be overseeing his trial and that all minorities would be removed from his jury, and those misrepresentations were not corrected by the court. Under this bad information, defendant's guilty plea was unknowing and involuntary. Reversed.
Court: 10th Circuit, Judge: Moritz, Filed On: January 23, 2024, Case #: 22-6132, Categories: Firearms, Ineffective Assistance, Plea
J. Detjen finds that substantial evidence supported the trial court's prior strike finding. A 2002 conviction was a gang-enhanced felony and statutory changes in 2022 to gang enhancements did not retroactively affect its application as a prior strike to a sentence on a firearms and drug possession conviction. Affirmed.
Court: California Courts Of Appeal, Judge: Detjen, Filed On: January 23, 2024, Case #: F084952, Categories: Firearms, Sentencing, Gangs
J. Biggs grants Pfizer’s motion to seal information that is redacted from an associated amended joint case status report in this patent infringement case against a pharmaceutical competitor. Based on the type of infringement case Pfizer brought, the FDA has to withhold approval of the competitor’s product for 2.5 years while the parties litigate the infringement. As this case was previously transferred to a related multidistrict litigation action and the status report was originally confidential, Pfizer correctly argues that it should remain so.
Court: USDC Middle District of North Carolina, Judge: Biggs, Filed On: January 23, 2024, Case #: 1:21cv157, NOS: Abbreviated New Drug Applications (ANDA) - Property Rights, Categories: Corporations, Government, Patent
J. Cooperthite grants a customer’s motion for leave to file a surreply in this slip and fall lawsuit against a company. The customer alleges she tripped and fell over a clear object in the shoe section. The company raises that the customer failed to take a photograph, but evidence from surveillance cameras and a witness shows there was in fact a genuine dispute in favor of the customer. Therefore, the company’s motion for summary judgment is denied.
Court: USDC Maryland, Judge: Cooperthite, Filed On: January 23, 2024, Case #: 8:22cv2726, NOS: Other Personal Injury - Torts - Personal Injury, Categories: Evidence, Negligence
J. Cruser finds that the lower court properly sentenced defendant for sex crimes against a minor. On appeal, defendant takes issue with the fact that during his offender score calculations, the state included a prior sex offense conviction from an Australian court in 2017. Under the statute that governs the calculation of sex offender scores, there is no language that excludes foreign country convictions from being able to be included in an offender score. Affirmed.
Court: Washington Court Of Appeals, Judge: Cruser, Filed On: January 23, 2024, Case #: 57076-9-II, Categories: Sentencing, Sex Offender, Child Victims
J. Hanlon certifies the class in claims challenging a law that would prohibit physicians from providing gender transition procedures to minors because the proposed class of minors, parents, and medical providers would be affected by the law.
Court: USDC Southern District of Indiana, Judge: Hanlon, Filed On: January 23, 2024, Case #: 1:23cv595, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Lgbtq, Class Action
J. Medina finds the lower court properly determined certain land was community property because, even though the wife claimed it was separate property at the time of the husband's death, she did not prove the claim prior to her death, which allowed the court decide the issue. However, because the wife requested certain personal property allowances while acting as administrator of the husband's estate prior to her death, these allowances should have been maintained after her death. Therefore, the case will be remanded to permit the allowances to be reinstated. Affirmed in part.
Court: New Mexico Court of Appeals, Judge: Medina, Filed On: January 23, 2024, Case #: A-1-CA-40119, Categories: Family Law, Wills / Probate