132 results for 'filedAt:"2024-02-26"'.
J. Campbell dismisses a materials science technology company's motion for preliminary injunction concerning trademark claims against a factory and former business associate in Asia. The factory and business associate sufficiently showed in court that it did not infringe on the company's plastic lined trays and lids when it accepted applications for new products, which were not based on the technology company's prototypes.
Court: USDC Arizona, Judge: Campbell, Filed On: February 26, 2024, Case #: 2:24cv93, NOS: Trademark - Property Rights, Categories: Evidence, Trademark, Contract
J. Traynor finds that a lawyer's letter threatening an insured with litigation did not constitute a "claim for damages" under a policy not yet in effect because the letter was "unclear and amorphous." Affirmed.
Court: Delaware Supreme Court, Judge: Traynor, Filed On: February 26, 2024, Case #: 135, 2023, Categories: Insurance
J. Witt finds the lower court properly convicted defendant of driving on a cancelled, suspended or revoked license second offense, evading arrest in a motor vehicle and possession of unlawful drug paraphernalia. Defendant failed to stop when a police officer attempted a traffic stop after discovering defendant, the registered owner of the vehicle, had a suspended driver license. The officer followed defendant for approximately eight minutes before defendant stopped his vehicle and a subsequent search of the vehicle uncovered drug paraphernalia. Evidence is sufficient to support defendant’s convictions and sentence of two years, suspended to 30 days of supervised probation. Affirmed.
Court: Tennessee Court of Criminal Appeals, Judge: Witt, Filed On: February 26, 2024, Case #: M2023-00778-CCA-R3-CD, Categories: Drug Offender, Evidence, Resisting Arrest
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J. Miller finds that the trial court improperly ruled in favor of the disability support coordination agency and the employee in a wrongful death and negligence action brought by the mother arising from her developmentally disabled daughter's death from aspiration pneumonia. Genuine issues of fact exist as to the mother's negligence claims. There are questions of fact as to whether the employee's failure to observe and correct deficiencies in the care home's records pertaining to the use and administration of thickener in the daughter's liquids proximately caused her death. Issues of fact also exist as to whether the agency breached a duty of care to the daughter. Reversed.
Court: Georgia Court of Appeals, Judge: Miller, Filed On: February 26, 2024, Case #: A23A1609, Categories: Negligence, Wrongful Death
J. Hodges finds that the trial court properly ruled partially in Walmart's favor in the shopper's renewal action arising after an off-duty police officer repeatedly hit him with a baton over a suspected shoplifted tomato, breaking his leg. The trial court correctly granted Walmart's motion to bifurcate the shopper's battery and false imprisonment claims against the officer individually from his false imprisonment claim against Walmart. The alleged false imprisonment of the shopper was completed with the officer's initial detention of him. The chain of causation was broken when the officer decided to arrest the shopper and hit him with the baton in his capacity as a police officer, therefore Walmart cannot have liability for the resulting injuries or claims. Affirmed.
Court: Georgia Court of Appeals, Judge: Hodges, Filed On: February 26, 2024, Case #: A23A1758, Categories: Assault
J. Kruger holds that the trial court was within its discretion to deny a builder's request for relief from its waiver of its right to a jury trial in a contract dispute with a homeowner. The trial court properly prioritized the hardship the builder faced in preparing for a jury trial that the homeowner had requested, and then waived, when considering the builder's request for relief from its own jury trial waiver. But the trial court also had discretion to consider that the builder failed to demand a jury or post jury fees until the day the trial began. Also, the builder failed to show on appeal that the denial caused actual prejudice. Affirmed.
Court: California Supreme Court, Judge: Kruger, Filed On: February 26, 2024, Case #: S273368, Categories: Civil Procedure, Jury, Contract
J. Lin awards Dutch Blitz Acquisition $193,200 in statutory damages in its and Amazon's complaint that the sellers sold counterfeits of Dutch Blitz's products on Amazon's website. The award is appropriate, because the sellers intentionally sold counterfeit versions of Dutch Blitz's products and misused its trademarks, thus depriving Dutch Blitz of sales and causing customer confusion.
Court: USDC Western District of Washington, Judge: Lin, Filed On: February 26, 2024, Case #: 2:21cv159, NOS: Trademark - Property Rights, Categories: Trademark, Damages
J. Sessions grants two neighbors’ motion to dismiss nuisance and intrusion-upon-seclusion claims brought by a property owner. The property owner and his family are practicing Jews with many relatives on the property; they say the neighbors have filed complaints with the town zoning authority and the police department. He fails to state a claim for nuisance or intrusion upon seclusion.
Court: USDC Vermont, Judge: Sessions, Filed On: February 26, 2024, Case #: 2:23cv88, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Property, Tort