170 results for 'filedAt:"2023-07-26"'.
J. Brown dismisses a trademark infringement suit contesting the use of the name "Ripple" in connection with HR software. It was revealed during discovery that the litigant didn't actually own the rights or interests to the contested trademark, and that it had assigned ownership over to a non-party individual. It subsequently failed to follow court procedure and provide a statement from the trademark's owner stating he would abide by the court's rulings.
Court: USDC Eastern District of New York, Judge: Brown, Filed On: July 26, 2023, Case #: 2:20cv894, NOS: Trademark - Property Rights, Categories: Civil Procedure, Trademark
J. Arthur partially reverses the denial of a petition for post-conviction relief in an attempted murder case because defendant made a valid claim that he may use a subpoena to demand the state provide Brady material and internal affairs files for a police officer who testified against him. Because the state was obligated to produce the information demanded by defendant during his criminal trial, he is allowed the subpoena. Reversed in part.
Court: The Appellate Court of Maryland, Judge: Arthur, Filed On: July 26, 2023, Case #: 111025040-42, Categories: Evidence, Firearms, Discovery
J. Joyce finds the trial court erred when it allowed the prosecutor to impermissibly shift the burden of proof during rebuttal closing argument in an unauthorized use of a vehicle trial. “Given that the defense theory was that the state had failed to prove that defendant knew she did not have permission to take the vehicle, the prosecutor’s improper arguments encouraging the jury to disregard defendant’s testimony as uncorroborated were ‘harmful to the main theory of defendant’s case.’” Reversed.
Court: Oregon Court of Appeals, Judge: Joyce, Filed On: July 26, 2023, Case #: A177034, Categories: Prosecutorial Misconduct
J. Eaves finds that the intermediate court properly ruled that defendant, the grandfather of a 10-year-old child whom he sexually abused, is subject to a recent state statute allowing evidence of previous sexual assault in order to establish a pattern of behavior. Defendant sexually assaulted an adult male in 2010, and this outweighs the danger of unfair prejudice toward defendant. Affirmed.
Court: Supreme Court of Maryland, Judge: Eaves, Filed On: July 26, 2023, Case #: C-22-CR-19-000613, Categories: Criminal Procedure, Sex Offender
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J. Kelley denies one real estate agency's motion to dismiss and partially grants another agency's motion to dismiss class action claims accusing them of violating the Fair Housing Act through their participation in a tenant-screening software. The real estate agency that developed the software argues that it is not at fault because housing providers make the final decision of whom to house, but this argument fails because the agency does not disclose the factors its software uses to "automate human judgment" or allow housing providers to change which factors are used. However, the tenants fail to provide substantial evidence that the agency has acted in an unfair way.
Court: USDC Massachusetts, Judge: Kelley, Filed On: July 26, 2023, Case #: 1:22cv10800, NOS: Housing/Accommodations - Civil Rights, Categories: Real Estate, Housing, Class Action
Per curiam, the circuit finds that the district court properly convicted defendant, by guilty plea, of identity theft and possession of a firearm by a convicted felon, sentencing him with an upwards variation from guidelines to 72 months in prison. The variation was made after careful consideration of the guidelines and all factors. The court did not give significant weight to defendant's lack of legal immigration status and did not abuse its discretion by giving significant weight to the statements of the victim of the identity theft. Affirmed.
Court: 5th Circuit, Judge: Per curiam, Filed On: July 26, 2023, Case #: 22-30296, Categories: Firearms, Immigration, Identity Theft
J. Hicks grants Wells Fargo's motion to dismiss this suit arising from the alleged loss or theft of gold and silver coins the customers had in their safe deposit box. As the lease agreement governs, a federal court looks to state law to determine the existence of a contract. According to the valid contract, Wells Fargo must exercise ordinary care and is not responsible for knowing or insuring contents. The risk of loss shifts to the customers if they elect to store money or jewelry.
Court: USDC Nevada, Judge: Hicks , Filed On: July 26, 2023, Case #: 3:22cv407, NOS: Other Contract - Contract, Categories: Fraud, Trade, Contract
J. Kern finds that the circuit court properly entered judgment after defendant was convicted of first-degree robbery and sentenced to forty years. Defendant attempted to rob a casino by holding a cashier on duty at gunpoint. Defendant pulled her behind the counter and struck her on the head with a pistol, causing her to fall to the floor. Defendant fled after failing to open the cash register. Sufficient evidence supported conviction. Affirmed.
Court: South Dakota Supreme Court, Judge: Kern, Filed On: July 26, 2023, Case #: 2023SD37, Categories: Firearms, Robbery, Assault
J. Griggsby grants Trans Union its motion for summary judgment in a case where a consumer claims it failed to remove bankruptcy information from her credit report and has therefore defamed her. When the company requested discovery, the consumer did not respond, and she never produced any evidence of actual damages.
Court: USDC Maryland, Judge: Griggsby, Filed On: July 26, 2023, Case #: 1:21cv3148, NOS: Consumer Credit - Other Suits, Categories: Consumer Law
J. Schostok affirms the no-jury trial court’s conviction of defendant on three counts of child abduction, arising from his repeated refusals to return his two daughters to their mother in Illinois in violation of a court order requiring him to return them “immediately.” The trial court had "a superior ability to observe the parties' demeanors as they testified" and believed the mother's account of events over the father's account. The evidence will not be reweighed. Affirmed.
Court: Illinois Appellate Court, Judge: Schostok, Filed On: July 26, 2023, Case #: 220190, Categories: Evidence, Ineffective Assistance, Child Victims
J. Griggsby grants in part a private boarding school's motion to dismiss claims of breach of contract and fraud brought by a corporation that purchases and builds specialized schools. The corporation alleges that the school was untruthful about its financial standing upon agreement to purchase the school for $8 million. The school did breach the contract because it failed to sell its property to the corporation within the agreed time period. However, all other allegations fail to state a claim.
Court: USDC Maryland, Judge: Griggsby, Filed On: July 26, 2023, Case #: 1:22cv175, NOS: All Other Real Property - Real Property, Categories: Fraud, Property, Contract
J. Peterson finds for the rubber mat flooring manufacturer in a lawsuit from a sports flooring installation company claiming the manufacturer breached their contract by declining to purchase the company by a previously agreed upon deadline despite assuring it was still interested in the purchase after closing was delayed a year by the Covid-19 pandemic. Nothing in the text of the parties' agreement requires the manufacturer to go through with the purchase, as the agreement unambiguously gives it the option to do so or not without obligation.
Court: USDC Western District of Wisconsin, Judge: Peterson, Filed On: July 26, 2023, Case #: 3:22cv244, NOS: Other Contract - Contract, Categories: Civil Procedure, Contract
J. Markman finds that the trial court properly found in favor of the property owner in an unlawful retainer action. The new owner of the residential rental property has served tenants with eviction notices in order to make private use of the property and has proven compliance with all state and local requirements to withdraw the property from the rental market. The tenant has failed to raise a triable issue of material fact. Affirmed
Court: California Courts Of Appeal, Judge: Markman , Filed On: July 26, 2023, Case #: A164531, Categories: Landlord Tenant, Property
J. Devaney finds that the circuit court properly entered judgment after defendant pleaded guilty to first-degree manslaughter. Defendant sought to introduce evidence of a polygraph examination regarding his role in the crime. The circuit court precluded the admission of the polygraph evidence and sentenced defendant to eighty years in the penitentiary with twenty years suspended. The circuit court correctly precluded polygraph evidence
because of reliability concerns. Affirmed.
Court: South Dakota Supreme Court, Judge: Devaney, Filed On: July 26, 2023, Case #: 2023SD39, Categories: Evidence, Manslaughter
J. Hollander grants the United States its motion to dismiss a suit alleging violations of the Federal Tort Claims Act arising from an incident in which two civilians employed by the Army crashed into each other. Although neither of the civilians claimed injury, one of them brought a suit for $200,000 in damages. Federal civilian employees "may not file actions against the United States under the FTCA for work-related injuries." The U.S. Department of Labor found that the accident, which happened on the Army's property, was work-related. Therefore, the federal court is "stripped of its jurisdiction."
Court: USDC Maryland, Judge: Hollander, Filed On: July 26, 2023, Case #: 1:21cv1547, NOS: Motor Vehicle - Torts - Personal Injury, Categories: Government, Tort, Jurisdiction
J. Joyce finds the juvenile court erred by finding that the youth was within the jurisdiction of the juvenile court based on acts that, if committed by an adult, would constitute interfering with a police officer. “The juvenile court did not find that youth knowingly refused [the officer’s] order to stop.” Reversed.
Court: Oregon Court of Appeals, Judge: Joyce, Filed On: July 26, 2023, Case #: A176312, Categories: Juvenile Law
J. Woodcock finds that a civil action against multiple companies allegedly involved in contaminating public water sources with hazardous chemicals called PFAs must be remanded to state court. Because the state has issued an "express and enforceable disclaimer against seeking recovery in this lawsuit from the defendants for claims relating to aqueous film-forming foam, the sole basis for federal jurisdiction," the federal court lacks jurisdiction.
Court: USDC Maine, Judge: Woodcock, Filed On: July 26, 2023, Case #: 2:23cv210, NOS: Tort Product Liability - Real Property, Categories: Water, Product Liability, Jurisdiction
J. Goldstein finds that the lower court improperly ruled in favor of the appellee university on certain issues in this lawsuit brought by the university's "controlling parental entity," regarding the university's 2019 amendments to the articles of incorporation. The conference had standing to challenge the amendments, which removed "all references to the Conference, including provisions regarding the Conference's ownership and control." Additionally, the lower court erred by dismissing the breach of contract claim and certain declaratory judgment claims brought by the conference. Accordingly, the case is remanded for further proceedings. Reversed in part.
Court: Texas Courts of Appeals, Judge: Goldstein, Filed On: July 26, 2023, Case #: 05-21-00151-CV, Categories: Civil Procedure, Education
J. Danilson finds that defendant was properly denied his second application for relief from his conviction for sexually assaulting and robbing an 81-year-old woman in her home because evidence did not support defendant's suggestion that DNA evidence would have even remotely affected the outcome. Affirmed.
Court: Iowa Court Of Appeals, Judge: Danilson, Filed On: July 26, 2023, Case #: 22-0104, Categories: Dna, Sex Offender, Assault
J. Doyle finds that defendant was improperly sentenced based on his guilty plea to misdemeanor charges of driving while barred and possession of marijuana, second offense, because defendant was not afforded his right to allocution during sentencing. Reversed.
Court: Iowa Court Of Appeals, Judge: Doyle, Filed On: July 26, 2023, Case #: 22-1129, Categories: Drug Offender, Sentencing, Plea
J. Aoyagi finds the trial court properly determined an FED judgment was preclusive that the individual and his father did not have an enforceable oral agreement regarding ownership of the property. Affirmed.
Court: Oregon Court of Appeals, Judge: Aoyagi, Filed On: July 26, 2023, Case #: A176530, Categories: Property
J. Mayer finds that a child-in-need-of-service petition was improperly dismissed. The child’s parents resisted therapies that would help treat her terminal cystic fibrosis diagnosis. Affirmed.
Court: Iowa Court Of Appeals, Judge: Badding, Filed On: July 26, 2023, Case #: 23-0410, Categories: Family Law