152 results for 'filedAt:"2024-02-06"'.
J. Liburdi grants a Korean television distributor's motion for default judgment against a luggage seller on claims of copyright infringement. The TV distributor sufficiently showed in court that the luggage seller is using its trademark and domain names without permission.
Court: USDC Arizona, Judge: Liburdi, Filed On: February 6, 2024, Case #: 2:23cv1819, NOS: Trademark - Property Rights, Categories: Trademark
J. O'Connor denies a group of banks' motion for summary judgment on an apartment company's claims arising from loans it obtained to construct a student housing complex. There are genuine disputes of fact regarding the company's claims for RICO, fraud, breach of contract and gross negligence, among others.
Court: USDC Northern District of Texas , Judge: O'Connor, Filed On: February 6, 2024, Case #: 4:23cv341, NOS: Other Contract - Contract, Categories: Fraud, Banking / Lending, Racketeering
J. Starr denies, in part, a former employee's motion for summary judgment on a motorsports company's trade secrets and other claims. There are questions of fact regarding the company's claims for unfair competition, breach of contract and trade secret misappropriation, among others.
Court: USDC Northern District of Texas , Judge: Starr, Filed On: February 6, 2024, Case #: 3:21cv2180, NOS: Trademark - Property Rights, Categories: Employment, Trade Secrets, Contract
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J. Russell grants the Texas residents' dismissal motions in this case concerning an individual's estate based on a lack of personal jurisdiction. The complaint alleges that an attorney and his wife, along with a paid caretaker, "engaged in a conspiracy to siphon money" from the individual, who is 91 years old and suffering from Alzheimer's. However, the "focal point of defendants' alleged actions was Texas."
Court: USDC Western District of Oklahoma , Judge: Russell, Filed On: February 6, 2024, Case #: 5:23cv499, NOS: Other Fraud - Torts - Personal Property, Categories: Fraud, Conversion, Jurisdiction
J. Bethel finds that the trial court properly denied the company's request for mandamus relief and correctly dismissed the action against the county and county officials arising from a dispute over the rules dictating the height of a wall surrounding a subdivision. The action should have been brought exclusively against and in the name of the state or local government. Affirmed.
Court: Georgia Supreme Court, Judge: Bethel, Filed On: February 6, 2024, Case #: S24A0309, Categories: Injunction
J. Lynch finds the trial court properly denied the state's motion to dismiss medical malpractice claims brought by the patient whose children either died or sustained permanent injuries following an artificial insemination procedure. Although a portion of the lawsuit included informed consent claims related to the cytomegalovirus-positive status of the sperm donor, these claims were linked to the medical malpractice claims and did not allow for the application of sovereign immunity. Meanwhile, the court properly calculated damages for the child with permanent injuries because they were proximately caused by the state's failure to follow an applicable standard of care and the state was in the best position to absorb the costs of providing treatment over the course of the victim's life. Affirmed.
Court: Connecticut Supreme Court, Judge: Alexander, Filed On: February 6, 2024, Case #: SC20646, Categories: Immunity, Damages, Medical Malpractice
J. Dever denies an engineering firm and associated individuals their motion for a partial dismissal of an alleged breach of fiduciary duty brought by the firm’s former president, who claims the owners mismanaged stock and ERISA funds for personal benefit. Although the former president did not hold that position at the time of this filing, he was still a member of the firm’s stock plan, so he has standing to bring the claim.
Court: USDC Eastern District of North Carolina, Judge: Dever, Filed On: February 6, 2024, Case #: 5:23cv324, NOS: Employee Retirement Income Security Act (ERISA) - Labor, Categories: Erisa, Trade, Fiduciary Duty
J. Richardson finds the lower court properly convicted the defendant of being a felon in possession of a firearm. The police had probable cause to search his vehicle, where they found illegally owned firearms and drugs because the defendant ran two stoplights in an unprovoked flight upon noticing the police before they had turned on their sirens. Affirmed.
Court: 4th Circuit, Judge: Richardson, Filed On: February 6, 2024, Case #: 21-4684, Categories: Evidence, Firearms, Vehicle
[Consolidated.] J. Wilson finds that the district court properly dismissed the employees' separate Title V claims under the ADA in employment discrimination and retaliation actions against their employers, the Georgia Department of Human Services and the Georgia Department of Corrections. The actions arose after the employees were fired. The district court correctly dismissed the claims based on sovereign immunity because the underlying provision of Title V, Title I, does not allow a plaintiff to assert a claim against the state. A Title V claim based on the exercise of a right arising from Title I cannot be brought against the state. However, the district court's ruling is vacated and the case is remanded for the limited purpose of allowing the district court to dismiss the case without prejudice. Vacated.
Court: 11th Circuit, Judge: Wilson, Filed On: February 6, 2024, Case #: 21-12571, Categories: Ada / Rehabilitation Act, Immunity, Employment Retaliation
[Modified.] J. Kelety excludes part III from the previously published opinion in this case. The state properly used a peremptory challenge to excuse a juror from defendant's evasion and reckless driving trial. The juror stated she would have trouble being fair because she believed police were racially biased. However, the evidence did not support a conviction for leaving the scene of an accident. Vacated in part.
Court: California Courts Of Appeal, Judge: Kelety, Filed On: February 6, 2024, Case #: D081267, Categories: Jury, Vehicle
J. Montgomery finds the lower court properly dismissed defendant’s petition for post-conviction relief. Defendant pleaded guilty to two counts of facilitation of the delivery of marijuana for selling marijuana to a confidential informant. Defendant received an effective 11-month, 29-day sentence. Defendant claims trial counsel was ineffective because he did not advise him that his guilty plea could affect his immigration status. The lower court dismissed the matter finding that it lacked jurisdiction as defendant’s petition was filed outside the one-year statute of limitations, and the evidence did not meet the standard for an exception. Affirmed.
Court: Tennessee Court of Criminal Appeals, Judge: Montgomery, Filed On: February 6, 2024, Case #: M2022-01325-CCA-R3-CD, Categories: Drug Offender, Ineffective Assistance, Due Process
J. Russell denies the dismissal motions in this civil rights lawsuit alleging that a pretrial detainee was denied adequate medical care, after falling down a set of concrete stairs. The complaint contends that he was sent to the hospital "eight days after his fall" and that he ultimately died from his injuries. The allegations sufficiently state a claim for deliberate indifference against the medical staffing company, as the detainee was allegedly "turned away from the jail infirmary after he was carried there by a cellmate."
Court: USDC Western District of Oklahoma , Judge: Russell, Filed On: February 6, 2024, Case #: 5:23cv1060, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Health Care
J. LaGrua finds that the trial court incorrectly denied defendant's speedy trial claim following his murder and aggravated assault convictions. There was a 25-month delay between defendant's September 2016 arrest and his October 2018 trial. Although the trial court found that the delay was unusually long, it failed to weigh the reason for the delay as its own factor against the state. The delay was due to a backlog at the state crime lab. Defendant also did not request a delay of the trial when he requested more time to prepare for his probation revocation. Vacated.
Court: Georgia Supreme Court, Judge: LaGrua, Filed On: February 6, 2024, Case #: S23A1018, Categories: Murder, Speedy Trial
Per curiam, the circuit finds that the district court improperly dismissed religious discrimination claims in which a state prison guard sought to wear a hijab at work as a practicing Muslim. The guard received approval with conditions, forcing her to convince a male supervisor that the head covering would tear away should an inmate attempt to choke her. Since her religion requires her to wear hijabs in the presence of non-family males, the guard asked to deal with a female supervisor when she was ordered to remove the hijab, and the denial of this request supported a plausible inference of discrimination. However, retaliation claims were properly dismissed since the incident did not occur in close approximation to an adverse employment action.
Court: 2nd Circuit, Judge: Per curiam, Filed On: February 6, 2024, Case #: 22-2010-cv, Categories: Employment Discrimination, Employment Retaliation
J. Birk finds that the lower court improperly determined the local statutes that govern which municipal water supplier rates will apply to a golf course. The golf course and the city disagree on which statutes apply, and the lower court determined it was the statute favored by the city that applies here. That finding was not supported by the record, however, given that when taken together, the histories of both statutes and the intention of the legislature show that the statutes favored by the golf course dictate their water rates. Reversed.
Court: Washington Court Of Appeals, Judge: Birk, Filed On: February 6, 2024, Case #: 38792-5-III, Categories: Municipal Law, Water
J. Bryson grants default judgment against a company that sells body sculpting devices that allegedly infringe an plaintiff's patents and trademarks by ordering removal of all infringing website content. However, money damages should be denied for lack of supporting evidence as to the number of infringing products that had been sold.
Court: USDC Delaware, Judge: Bryson, Filed On: February 6, 2024, Case #: 1:23cv359, NOS: Patent - Property Rights, Categories: Patent, Trademark, Damages
J. Doughty denies summary judgment to an insurer on its argument that a criminal act exclusion provision of its law enforcement coverage policy precludes its payment of a $421,000 judgment against a sheriff's office after a jury found a deputy liable for failing to stop a fellow officer from striking an detainee. The deputy was not found to have committed a criminal act and, therefore, has no connection his fellow officer’s state law criminal charge.
Court: USDC Western District of Louisiana , Judge: Doughty, Filed On: February 6, 2024, Case #: 3:22cv866, NOS: Insurance - Contract, Categories: Evidence, Insurance, Police Misconduct
J. DeGravelles affirms a bankruptcy court ruling dismissing the voluntary Chapter 7 petition by the majority member, owner and past president of a real estate development corporation. The unanimous consent of the members of the limited liability corporation is required to file a bankruptcy petition. Chapter 7 proceedings cannot dissolve a corporation and bankruptcy code does not provide for the dissolution of corporations; any dissolution of a corporation must be effectuated under state law. Affirmed.
Court: USDC Middle District of Louisiana, Judge: DeGravelles, Filed On: February 6, 2024, Case #: 3:23cv383, NOS: Bankruptcy Appeal 28 USC 158 - Bankruptcy, Categories: Bankruptcy, Corporations
J. Quereshi grants summary judgment in favor of the transit authority in this negligence claim concerning a woman that fell when boarding a metro bus. “When a passenger files a negligence claim against a motor carrier for injuries received when the carrier makes a sudden start or stop, the passenger must prove that the movement was unusual or extraordinary.” The woman fails to present definite facts and evidence that the movement was abnormal.
Court: USDC Maryland, Judge: Quereshi, Filed On: February 6, 2024, Case #: 8:22cv3088, NOS: Motor Vehicle - Torts - Personal Injury, Categories: Vehicle, Negligence
[Consolidated.] Per curiam, the Georgia Supreme Court disbars attorney Timothy Orman McCalep for his multiple violations of the Georgia Rules of Professional Conduct. The attorney abandoned six clients, made misrepresentations when questioned about his abandonment and refused to issue refunds.
Court: Georgia Supreme Court, Judge: Per curiam, Filed On: February 6, 2024, Case #: S23Y0919, Categories: Judiciary, Attorney Discipline