183 results for 'filedAt:"2023-09-26"'.
J. Corley finds in favor of Qualcomm, a computer chip maker, in a multi-district dispute where consumers allege the company used its position in the market to hinder competition and raise prices for handheld devices. After a series of appeals and similar claims from the FTC that were ultimately rejected, only unfair competition claims remain. The company prevails on these claims due to consumers being unable to show that any exclusive dealings with big tech companies like Apple and Samsung resulted in actual damages to buyers.
Court: USDC Northern District of California, Judge: Corley , Filed On: September 26, 2023, Case #: 3:17md2773, NOS: Antitrust - Other Suits, Categories: Antitrust, Unfair Competition
J. Thrash grants the security company's motion to dismiss a fraud, negligence and breach of contract action brought by the jewelry store after the company failed to notify the store or police when thieves set off an alarm and stole jewelry. The store's breach of contract and negligence claims are barred by the exculpatory provision in the contract. The store failed to properly state claims for negligence or fraudulent misrepresentation under Georgia law.
Court: USDC Northern District of Georgia, Judge: Thrash, Filed On: September 26, 2023, Case #: 1:23cv556, NOS: Other Contract - Contract, Categories: Fraud, Negligence, Contract
J. Friedrich denies, in part, the Navy's motion to dismiss an employee's race and sex discrimination action. She has sufficiently plead aspects of her discrimination and retaliation claims.
Court: USDC District of Columbia, Judge: Friedrich, Filed On: September 26, 2023, Case #: 1:21cv3402, NOS: Employment - Civil Rights, Categories: Employment, Employment Discrimination, Employment Retaliation
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J. Moss dismisses an attorney's defamation case against another lawyer whom he claims defamed in an email exchange involved in underlying litigation. Even if defamatory, the lawyer's statement was made in the course of a judicial proceeding and, therefore, is protected by privilege.
Court: USDC District of Columbia, Judge: Moss, Filed On: September 26, 2023, Case #: 1:22cv3106, NOS: Assault, Libel, & Slander - Torts - Personal Injury, Categories: Defamation, Privilege
J. Arterburn finds the trial court properly convicted defendant for possession of meth, sentencing her to two years of probation. Defendant, who was not part of the officers' investigation, consented to their search of the apartment she shared with the suspect after he had been arrested. Defendant consented to a search of her bedroom, where a pipe containing drug residue was found. All evidence supports the conviction and was properly allowed and entered. Affirmed.
Court: Nebraska Court Of Appeals, Judge: Arterburn , Filed On: September 26, 2023, Case #: A-22-641, Categories: Drug Offender, Evidence, Search
J. Duncan finds that the trial court properly convicted defendant for numerous drug offenses related to his ownership and operation of a pharmacy that was actually an illegal pill mill. His argument that recordings vetted by a government filter team and turned over to prosecution intruded into privileged conversations with his deceased attorney, prejudicing his defense, is without merit. Neither defendant nor his attorney responded by objection to or by a motion for reconsideration of the court's order to release the tapes. The recordings were arguably vitiated due to the pharmacy's having forfeited its charters, with the state terminating its registrations. Affirmed.
Court: 5th Circuit, Judge: Duncan , Filed On: September 26, 2023, Case #: 22-20337, Categories: Drug Offender, Evidence, Judiciary
J. Martin finds that the lower court properly denied defendant's motion for post-conviction relief based on his counsel's failure to call a witness whose testimony could allegedly have supported a misidentification defense. The witness's testimony would not have provided defendant a viable defense in light of defendant's confession to assault and robbery. Affirmed.
Court: Missouri Court Of Appeals, Judge: Martin, Filed On: September 26, 2023, Case #: WD85758, Categories: Ineffective Assistance, Robbery
J. Martin finds that the lower court properly convicted defendant of operating a motor vehicle in a careless manner causing an accident. A reasonable jury would find that operating a skid loader on the highway in the dark without posting any warning signs was careless. Affirmed.
Court: Missouri Court Of Appeals, Judge: Martin, Filed On: September 26, 2023, Case #: WD85805, Categories: Vehicle
J. Lorello holds that the appeals court lacks jurisdiction to consider a mother's appeal of the magistrate court's finding of aggravated circumstances in a Child Protection Act proceeding. The finding, which was based on a prior involuntary termination of her parental rights, was an unappealable interlocutory order even though it was titled a judgment.
Court: Idaho Court Of Appeals, Judge: Lorello, Filed On: September 26, 2023, Case #: 50678, Categories: Family Law, Jurisdiction
J. Thompson denies a competitor's motion for summary judgment in a lawsuit it faces from an insurance company claiming it intentionally used their "Alfa" service mark. The competitor argues that the statute of limitations started running when the insurance company learned of their "Alpha" existence. Alabama law states that, "the statute of limitations begins to run when the cause of action accrues" with it being an affirmative defense.
Court: USDC Middle District of Alabama, Judge: Thompson, Filed On: September 26, 2023, Case #: 2:20cv553, NOS: Trademark - Property Rights, Categories: Trademark, Unfair Competition
Per curiam, the Fifth Circuit finds the district court properly granted summary judgment in favor of Harris County in this employment retaliation claim brought by the employee responsible for maintaining blood-alcohol testing instruments who left her job, saying that she was not allowed to maintain the instruments at optimum level. The employee found similar employment with a college that the county contracted with but was laid off after the county allowed its contract to lapse after the employee's testimony on the equipment quality resulted a defendant's acquittal. The employee's injury resulting from nonrenewal of a contract between the defendant and the third-party employer was too indirect and derivative to confer standing. Affirmed.
Court: 5th Circuit, Judge: Per curiam, Filed On: September 26, 2023, Case #: 20-20527, Categories: Contract, Employment Retaliation
J. Navarro makes findings of fact and conclusions of law as to this federal tort claims act arising from a construction-zone accident between the driver of an RV and a semi-truck driver working for the FAA. The RV driver has not cast sufficient doubt on the truck driver's credibility or his version of events. The RV driver did not elicit sufficient testimony at trial supporting his and a corroborating witness's version of events, or that the truck driver failed to maintain his lane. And so, the RV driver has failed to meet his burden to show the United States breached a duty of care.
Court: USDC Nevada, Judge: Navarro , Filed On: September 26, 2023, Case #: 2:20cv1584, NOS: Motor Vehicle - Torts - Personal Injury, Categories: Tort, Vehicle, Negligence
J. Wyrick grants the defendant company's summary judgment motion in this employment discrimination lawsuit brought by a former employee who alleges that her employment was terminated due to her age. The employee contends that her position was eliminated and she was not offered a new position, unlike two "substantially younger" employees. However, the company has given a non-discriminatory reason for her termination, and the employee fails to establish pretext.
Court: USDC Western District of Oklahoma , Judge: Wyrick, Filed On: September 26, 2023, Case #: 5:22cv606, NOS: Employment - Civil Rights, Categories: Employment Discrimination, Employment Retaliation
J. Woods grants the documentary maker's motion to dismiss a photographer's copyright claims stemming from the brief appearance of his photographs displayed in the background of the film "Billie Eilish: The World's A Little Blurry." The photographs only appear incidentally as part of the film's larger purpose of documenting Eilish's career, including a world tour that took her to the New Zealand airport where the photos were on dispaly, and is a transformative use.
Court: USDC Southern District of New York, Judge: Woods, Filed On: September 26, 2023, Case #: 1:21cv8420, NOS: Copyrights - Property Rights, Categories: Copyright
J. Neals allows plaintiff to continue claims contending he had been arrested for a shooting based on false statements and that a police detective suppressed exculpatory evidence because the jury could conclude the officer acted maliciously after admitting he had not seen the player in possession of a gun during the incident.
Court: USDC New Jersey, Judge: Neals, Filed On: September 26, 2023, Case #: 2:18cv8972, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights
J. McCafferty partially grants the government officials' joint motion for judgment as to a lawsuit brought by a woman alleging that she was wrongfully arrested for trespassing as retaliation for her criticism of city acts and officials. The woman fails to show that her free speech was chilled or that the disputes with her over Right-to-Know laws are adverse actions taken against her. However, her claim that her arrest was in retaliation for her protected activity withstands the officials' motion.
Court: USDC New Hampshire, Judge: McCafferty, Filed On: September 26, 2023, Case #: 1:22cv326, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, First Amendment, Police Misconduct
J. Hodgens finds that the lower court improperly terminated the mother's parental rights. Because the child is an enrolled member of the Mashpee Wampanoag tribe, the Indian Child Welfare Act required the Department of Children and Families to present expert testimony showing that custody of the parent is likely to result in emotional or physical damage to the child. The department's expert did not have the proper experience or training to testify as to the child's likelihood of harm. Vacated.e
Court: Massachusetts Court Of Appeals, Judge: Hodgens, Filed On: September 26, 2023, Case #: 22-P-568, Categories: Family Law, Native Americans, Experts
J. Richardson adopts the report and recommendation of the magistrate judge and grants the hospital defendants' partial summary judgment motion in this lawsuit brought under the Telephone Consumer Protection Act. As to the harassment claim, the defendants contend that they "did not intend to harass or annoy" the individual plaintiff and that the calls at issue had a legitimate purpose. Additionally, the record indicates that the calls, which were made by a third-party contractor, were made to a wrong number.
Court: USDC Middle District of Tennessee , Judge: Richardson, Filed On: September 26, 2023, Case #: 3:21cv755, NOS: Telephone Consumer Protection Act (TCPA) - Other Suits, Categories: Civil Procedure, Communications
J. Dorsey finds in favor of the Ultimate Fighting Championship in fighter Mark Hunt's lawsuit alleging that the UFC booked him in a fight against Brock Lesnar despite knowing that Lesnar was using performance-enhancing drugs. Hunt fails to provide evidence to show that the UFC intentionally encouraged Lesnar to use prohibited substances or that it knew he was using performance-enhancing drugs. "Each of Hunt's fraud theories requires far too many inferential leaps and ignores too much contrary evidence for a reasonable jury to find in his favor."
Court: USDC Nevada, Judge: Dorsey , Filed On: September 26, 2023, Case #: 2:17cv85, NOS: Racketeer Influenced and Corrupt Organizations (RICO) - Other Suits, Categories: Fraud, Contract, Racketeering
J. Fuller finds that the trial court properly convicted defendant of aggravated sodomy, attempted rape, sexual battery, burglary and aggravated assault by strangulation. Defendant's trial counsel was not deficient for failing to object to the prosecutor's comments in closing argument urging the jury to find that the victim was credible. Defendant was also not prejudiced by his trial counsel's performance in light of the overwhelming evidence of his guilt. Affirmed.
Court: Georgia Court of Appeals, Judge: Fuller, Filed On: September 26, 2023, Case #: A23A1113, Categories: Burglary, Ineffective Assistance, Sex Offender