141 results for 'filedAt:"2023-08-04"'.
Chancellor McCormick grants a motion by the Musk parties for continued confidential treatment of sensitive personal information, which includes email addresses and cell phone numbera, because the public does not have a right to that information and the motion was timely filed under the unique circumstances of the litigation. However, one of the exhibits contains redacted individual names that will need to be made available to the public.
Court: Delaware Chancery Court, Judge: McCormick, Filed On: August 4, 2023, Case #: 2022-0613-KSJM, Categories: Discovery
J. Freudenberg finds the district court properly entered a decree of dissolution of marriage based on a written agreement between a husband and wife. Though the husband has been treated for cancer, it did not impede his ability to work. The 15-year alimony award gives him a reasonable opportunity to support himself and was not an abuse of discretion. No evidence was offered showing that a loan was not marital debt. All property was correctly divided. Affirmed.
Court: Nebraska Court Of Appeals, Judge: Freudenberg, Filed On: August 4, 2023, Case #: S-22-693, Categories: Family Law, Property, Contract
J. Pryor finds that the district court properly rejected the motion by the Florida Division of Alcoholic Beverages and Tobacco to clarify and modify an injunction prohibiting it from enforcing direct shipment laws against out-of-state vendors and producers. The division claimed that the injunction was intended to apply only to wineries. The district court's addition of the phrase "against out-of-state vendors and producers" was intended to limit the scope of the injunction and was not a clerical error or omission. The injunction is not void because the division had notice of the alleged error but failed to object or timely appeal. Affirmed.
Court: 11th Circuit, Judge: Pryor, Filed On: August 4, 2023, Case #: 22-10525, Categories: Injunction
J. Chin finds that the district court properly dismissed constitutional challenges to changes in Connecticut law that eliminated a religious exemption to school vaccination requirements. The state and school board defendants were immune from suit as government entities, and the two organizational plaintiffs lacked standing to sue. However, a Muslim parent's claim that the change violated her disabled son's right to a free, appropriate public education should be looked at more closely on remand. Affirmed in part.
Court: 2nd Circuit, Judge: Chin, Filed On: August 4, 2023, Case #: 22-249-cv, Categories: Education, Government, Health Care
J. Sargus grants in part the landowners' motion for summary judgment, ruling that the natural gas extracted by the energy company does not become "marketable" under the parties' lease until it is processed and separated; therefore, the energy company cannot deduct the processing costs and has underpaid royalties to the landowners since the inception of the lease agreements. Therefore, the landowners are entitled to judgment on the interpretation of the "market enhancement" provision, but the issue of damages will be tried to a jury.
Court: USDC Southern District of Ohio, Judge: Sargus, Filed On: August 4, 2023, Case #: 2:20cv2028, NOS: Other Contract - Contract, Categories: Energy, Class Action, Contract
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J. Smith finds that the lower court properly denied the appellant engine company's special appearance in this product liability lawsuit stemming from an alleged airplane crash, in which the engine allegedly lost power and a student pilot was injured. The engine manufacturer, which is principally based in Austria, "purposefully availed itself of the privilege of conducting business in Texas." Affirmed.
Court: Texas Courts of Appeals, Judge: Smith, Filed On: August 4, 2023, Case #: 05-22-00943-CV, Categories: Product Liability, Jurisdiction
Per curiam, the Fifth Circuit finds the Board of Immigration Appeals improperly entered a final order removing a Tanzanian native who did not possess valid entry documents. The immigration board did not address the dispositive issue of his request for a continuance to file an application for cancellation of removal. His application was turned away after having been filed after the deadline due to a government shutdown, and he was not fingerprinted between the preliminary hearing and merits hearing and was told that failure to provide biometrics constitutes abandonment of the application. This was an abuse of discretion. The petition for review is granted in part. The board’s decision is vacated in part and remanded.
Court: 5th Circuit, Judge: Per curiam, Filed On: August 4, 2023, Case #: 22-60336, Categories: Immigration, Due Process
J. Kelly dismisses a suit brought by a property owner against members of a property owners association challenging the issuance of fees for maintenance of a road that the property owner uses to access their property. Both the justice court and county court declined to rule on the fees and if they were adequately assessed, citing a lack of jurisdiction. Due to the county court’s lack of jurisdiction, the court of appeals does not have the proper authority to adjudicate the matter.
Court: Texas Courts of Appeals, Judge: Kelly, Filed On: August 4, 2023, Case #: 03-22-00058-CV, Categories: Property, Jurisdiction
J. Hartz finds that the lower court improperly found in favor of an individual, who once owned the only Kentucky Fried Chicken restaurant in Pueblo, Colorado, after he sued KFC with bad faith claims when the company licensed a second KFC in Pueblo. The individual says the fast food giant broke a contract in how it went about licensing the second location, but his claims are barred by Kentucky law because none of the company's actions served to "undermine any benefit or protection" the individual had in his own franchise agreement. Vacated.
Court: 10th Circuit, Judge: Hartz, Filed On: August 4, 2023, Case #: 22-1017, Categories: Contract
J. Bade finds that the district court improperly granted summary judgment on a prohibited-transaction claim and a duty-of-prudence claim in a class action against AT&T Services concerning contributions to an employee retirement plan. The class alleged that AT&T failed to investigate and evaluate all the compensation that the plan’s recordkeeper received from mutual funds through the brokerage account platform. However, the lower court correctly found as to compensation from the brokerage account platform. AT&T adequately reported other compensation on its form with the Department of Labor. Affirmed in part.
Court: 9th Circuit, Judge: Bade, Filed On: August 4, 2023, Case #: 21-56196, Categories: Employment, Class Action
J. White partially grants the dismissal motion filed by the employer in this lawsuit alleging race discrimination and constructive discharge. The former employee fails to state a hostile work environment claim, as the alleged incidents were not pervasive enough to support the claim. Accordingly, his constructive discharge claim also fails. Additionally, the court grants the employer's motion to quash process, noting that "the deficiencies are curable."
Court: USDC Eastern District of Oklahoma, Judge: White, Filed On: August 4, 2023, Case #: 6:22cv322, NOS: Employment - Civil Rights, Categories: Civil Procedure, Employment Discrimination
J. Moll finds that the lower court properly granted the attorney's motion for summary judgment on vexatious litigation claims and properly refused to apply issue preclusion because a judgment rendered in favor of the wife during foreclosure proceedings with her husband was voided by a bankruptcy stay and, therefore, did not require a decision in the wife's favor. Affirmed.
Court: Connecticut Court Of Appeals, Judge: Moll, Filed On: August 4, 2023, Case #: AC45296, Categories: Bankruptcy, Civil Procedure, Banking / Lending
J. Wardlaw finds that the district court improperly excluded testimony on coerced confessions because the testimony was relevant. "False confessions are an issue beyond the common knowledge of the average layperson, and the circumstances surrounding plaintiff’s confession went to the heart of his case." Reversed.
Court: 9th Circuit, Judge: Wardlaw, Filed On: August 4, 2023, Case #: 18-56414, Categories: Miranda, Civil Rights
J. Mercier finds that the trial court properly dismissed an individual's injunctive relief action seeking to force a Georgia Tech professor to produce documents pursuant to Georgia's Open Records Act. The individual sought materials collected or prepared in relation to any DARPA contract awarded to Georgia Tech, the hack of the Democratic National Committee and any white papers provided to the Department of Justice. The request was not properly submitted to Georgia Tech's designated open records officer. However, the trial court improperly awarded $53,000 in attorney fees to the professor before holding an evidentiary hearing. Affirmed in part.
Court: Georgia Court of Appeals, Judge: Mercier, Filed On: August 4, 2023, Case #: A23A1163, Categories: Public Record, Attorney Fees
J. Funke finds the district court properly found in favor of the officer and former director of the commercial tenant against whom a judgment was entered for nonpayment of rent, and who has since failed or refused to pay. The parties, who are not shareholders, have shown that they did not have decisionmaking authority within the commercial entity at the times of incorporation, execution of the lease or exercise of the lease option. They had also never received property or compensation from the corporation. Affirmed.
Court: Nebraska Supreme Court, Judge: Funke, Filed On: August 4, 2023, Case #: S-22-610, Categories: Landlord Tenant, Property
J. Talwani denies summary judgment to a Nantucket Sound homeowner who sued the National Marine Fisheries Service, arguing that some 400 endangered right whales are further threatened by government permitting of a wind energy project off the coast of Martha’s Vineyard and Nantucket. The advocate is sufficiently affected by the wind project issue to have the legal standing to file suit in the matter, but he has not shown the government agency has acted arbitrarily, capriciously or unlawfully.
Court: USDC Massachusetts, Judge: Talwani, Filed On: August 4, 2023, Case #: 1:21cv11171, NOS: Other Statutory Actions - Other Suits, Categories: Civil Procedure, Environment, Agency
J. Jackson-Akiwumi finds that the lower court improperly convicted defendant of conspiracy to sell heroin without instructing the jury on the difference between a drug conspiracy and a simple buyer-seller relationship. To convict on drug conspiracy charges, the state was required to show the parties engaged in a joint criminal objective of further distributing heroin to others. One sale to the defendant on credit is not enough evidence on its own to prove a conspiracy - it could just indicate he was a loyal customer. Reversed.
Court: 7th Circuit, Judge: Jackson-Akiwumi, Filed On: August 4, 2023, Case #: 21-3221, Categories: Drug Offender, Conspiracy
J. Jacobs finds that the district court improperly granted a default judgment to authorities in a claim for $8,000 seized during a search of a woman's home as part of an investigation into her then-boyfriend's alleged drug trafficking. Her request to lift the default entry and to file an untimely claim to the money should have been weighed under the more permissive "good cause" standard rather than the stricter "excusable neglect" benchmark because it was made before final judgment was entered. Vacated.
Court: 2nd Circuit, Judge: Jacobs, Filed On: August 4, 2023, Case #: 22-659, Categories: Criminal Procedure, Forfeiture