172 results for 'filedAt:"2024-02-21"'.
J. Rosenthal grants, in part, a group of treatment centers' motion to dismiss certain claims filed by a company that specializes in physiologic insulin resensitization treatments for diabetes. The company does not have standing to bring copyright and trademark dilution claims, and it fails to identify a trade secret that was misappropriated.
Court: USDC Southern District of Texas, Judge: Rosenthal, Filed On: February 21, 2024, Case #: 4:22cv3062 , NOS: Patent - Property Rights, Categories: Copyright, Trade Secrets, Trademark
Per curiam, the circuit finds that the district court improperly denied ineffective assistance claims contending a federal public defender ignored instructions to file an appeal to correct resentencing documents because doing so without fact-finding constituted an abuse of discretion since defendant was adamant that he requested the appeal, even if when and how he made the request remained unclear.
Court: 2nd Circuit, Judge: Per curiam, Filed On: February 21, 2024, Case #: 22-2026, Categories: Ineffective Assistance
Want access to unlimited case records and advanced research tools? Create your free CasePortal account now. No credit card required to register.
Try CasePortal for Free
J. Mathias finds that the trial court properly denied a wife a restraining order in claims stemming from a dissolution of marriage because statements about alleged criminal conduct that her husband made to her employer would cause damage only if proven to be true. Should the wife be damaged by the husband's prior or future statements, she may sue him for defamation at that time. Affirmed.
Court: Indiana Court Of Appeals, Judge: Mathias, Filed On: February 21, 2024, Case #: 23A-DC-1954, Categories: Family Law, Defamation, Restraining Order
J. Vance grants a request by the Uber rideshare company for a stay, but not dismissal, of a passenger’s lawsuit pending arbitration of negligence claims she was run over by the driver of the hired car. A case may be dismissed in favor of arbitration only if all the issues and claims raised are subject to arbitration. The passenger’s claims against two additional litigants, the driver of the Uber and an insurance company, may be litigated without arbitration.
Court: USDC Eastern District of Louisiana , Judge: Vance, Filed On: February 21, 2024, Case #: 2:23cv1775, NOS: Motor Vehicle - Torts - Personal Injury, Categories: Employment, Tort, Negligence
J. Underhill grants the government's motion for final judgment, ruling the securities broker and his trading firm will be permanently barred from issuing any securities in the future and will also be required to disgorge over $223,000 in profits gained only through the manipulation of stock prices and the misleading of clients.
Court: USDC Connecticut, Judge: Underhill, Filed On: February 21, 2024, Case #: 3:20cv397, NOS: Securities/Commodities/Exchange - Other Suits, Categories: Fraud, Sanctions, Securities
J. Van Tatenhove finds for an insured in this dispute because the insurer is currently providing a defense against claims contending the insured hurt someone in an assault. However, that case is ongoing and a ruling in this case would not resolve that issue; thus, the court lacks jurisdiction to hear claims contending the insurer is not liable for damages resulting from the personal injury case.
Court: USDC Eastern District of Kentucky, Judge: Van Tatenhove, Filed On: February 21, 2024, Case #: 5:23cv81, NOS: Insurance - Contract, Categories: Civil Procedure, Insurance, Jurisdiction
J. Thacker finds the lower court properly read instructions to the jury. The sex offender argued that he did not need to register himself as a sex offender in West Virginia after traveling from Virginia because he was living at campsites rather than a permanent residence. A sex offender habitually lives in the relevant sense in any place in which the sex offender lives for at least 30 days. The sex offender stayed at the campsite he was arrested at for touching a minor for a little over two months. Affirmed.
Court: 4th Circuit, Judge: Thacker, Filed On: February 21, 2024, Case #: 22-4595, Categories: Sex Offender, Child Victims, Child Pornography
J. Africk grants a default judgment to a natural gas pipeline company against seven remaining landowners for its suit for right of use and right of way over their properties for the construction of a compressor station and other facilities in the coastal Louisiana town of Golden Meadows. The seven landowners are deceased or could not be located by the company. The pipeline company has agreed to pay $100 in compensation to each of the seven landowners who would otherwise receive less than $100.
Court: USDC Eastern District of Louisiana , Judge: Africk, Filed On: February 21, 2024, Case #: 2:23cv2793, NOS: Insurance - Contract, Categories: Construction, Energy, Property
J. Fuller finds that the juvenile court properly granted physical custody of the couple's three children to the father but incorrectly ordered the mother to pay $800 in monthly child support. The juvenile court failed to consider the father's supplemental self-employment income in the child support calculation. The mother agreed not to have the children's interviews recorded and cannot show from the record that the custody ruling was erroneous. Reversed in part.
Court: Georgia Court of Appeals, Judge: Fuller, Filed On: February 21, 2024, Case #: A24A0371, Categories: Family Law
J. Pena conditionally grants the insurance company's petition for a writ of mandamus, in which it "seeks to compel the trial court to rule on competing motions for summary judgment" in the underlying insurance dispute. The record indicates that three years have passed since the lower court heard the motions, which is an "unreasonable" period of time. Accordingly, the company is entitled to mandamus relief.
Court: Texas Courts of Appeals, Judge: Pena, Filed On: February 21, 2024, Case #: 13-24-00059-CV, Categories: Civil Procedure, Insurance
J. Boardman grants, in part, summary judgment in favor of the Food and Drug Administration, its commissioner and a technology company in this Freedom of Information Act claim brought by two other firms. The firms alleged the FDA is improperly withholding the tech company’s emergency use request. The court finds the disclosure is protected by exemption four and precluded by the Trade Secret Act. Summary judgment is granted to the government on all but three copies of the communication between the FDA and the tech company. The two firms’ request to open discovery is denied.
Court: USDC Maryland, Judge: Boardman, Filed On: February 21, 2024, Case #: 8:23cv489, NOS: Freedom of Information Act (FOIA) - Other Suits, Categories: Public Record, Discovery
J. Riley finds that the trial court properly held that the zoning board used baseless conjecture to determine that a proposed drug treatment center posed dangers to nearby residents, who lived a half-mile away. Meanwhile, evidence does not indicate that the treatment center's need for an expanded parking lot poses a risk to the nearby agricultural area. Affirmed.
Court: Indiana Court Of Appeals, Judge: Riley, Filed On: February 21, 2024, Case #: 23A-MI-1733, Categories: Property, Zoning
J. Wolford allows plaintiff to continue amended claims contending customs and border protection wrongfully revoked a Canadian attorney's membership in the "trusted traveler program," falsely arrested him, and withheld agency records. The agency's discretion is not beyond review under the Administrative Procedure Act, and the attorney plausibly alleged he had been aggrieved by being disqualified from the program. However, the attorney failed to properly name individual customs officers in constitutional claims.
Court: USDC Western District of New York, Judge: Wolford , Filed On: February 21, 2024, Case #: 1:23cv257, NOS: Administrative Procedure Act/Review or Appeal of Agency Decision - Other Suits, Categories: Civil Rights, Immigration, Public Record
J. Vitter grants a request by a bank to dismiss a landscaping business’ complaint the creditor did not timely process its application for a federally guaranteed pandemic recovery loan in 2021 before the Small Business Administration ran out of funds. The ruling agrees with the bank’s assertion the business disingenuously refused to admit it earned far more than the loan program’s maximum of $1 million in gross revenues required to qualify for a 30-day notification by the bank, information the business concealed by redaction from its lawsuit. "The [c]ourt will not tolerate such gamesmanship."
Court: USDC Eastern District of Louisiana , Judge: Vitter, Filed On: February 21, 2024, Case #: 2:22cv1324, NOS: Banks and Banking - Other Suits, Categories: Evidence, Business Practices, Covid-19