J. Webb finds the circuit court properly dismissed this class action. The taxpayers brought the illegal exaction suit alleging constitutional violations involving tax assessment definitions as applied to disabled people and senior citizens. The taxpayers did not exhaust administrative remedies and the court properly dismissed the complaint for lack of subject matter jurisdiction. Affirmed.
Court: Arkansas Supreme Court, Judge: Webb , Filed On: March 28, 2024, Case #: CV-23-326, Categories: Tax, Jurisdiction, Class Action
J. Baker finds the circuit court improperly granted summary judgment in favor of the Ford dealership. A dep't. of finance audit revealed tax payment discrepancies as well as incorrect usage of license tags. Though it's true that “a vehicle may be involved in many transactions... [triggering] sales tax liability,” the dealer's allowing certain vehicles for business use by individuals, not being a transaction, and thus not triggering tax liability, is incorrect. The court applied the wrong standard of review. Reversed.
Court: Arkansas Supreme Court, Judge: Baker , Filed On: March 28, 2024, Case #: CV-23-450, Categories: Licensing, Tax, Business Practices
J. Bulla finds the trial court properly convicted defendant for felony injuring or tampering with a motor vehicle. The court correctly instructed the jury on the proper measure of damages for the replacement value of replica, 1957 Chevy truck parts. One count of felony coercion was incorrectly based on force used on property and not a person. Affirmed in part. Reversed in part.
Court: Nevada Court of Appeals, Judge: Bulla , Filed On: March 28, 2024, Case #: 85734-COA, Categories: Vehicle, Vandalism
J. Du denies the government's motion for summary judgment. Now-former Indian colony residents brought this action against federal officials for violations related to self-determination for alleged abuses from evictions and demolitions occurring on tribal land. The government fails to demonstrate that the Dep't of the interior secretary violated her nondiscretionary duty as alleged in other APA claims. The trust obligation requires the government to act with good faith and loyalty to the interests of the beneficiaries.
Court: USDC Nevada, Judge: Du , Filed On: March 28, 2024, Case #: 3:21cv344, NOS: Other Civil Rights - Civil Rights, Categories: Administrative Law, Native Americans
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J. Cadish finds the district court properly affirmed and adopted the juvenile master's recommendations to impose formal probation conditions on the juvenile. The relevant statute does not create a separation of powers issue because the court's ability to dismiss a petition and refer a juvenile to probation is not a sentencing decision, and so does not encroach on the court's sentencing discretion. Affirmed.
Court: Nevada Supreme Court, Judge: Cadish , Filed On: March 28, 2024, Case #: 86035, Categories: Constitution, Juvenile Law
J. Huffaker grants, in part, a debt collector’s motion for summary judgment on the consumer’s unfair credit reporting and debt collection claims. The debt collector failed to reinvestigate the accuracy of the consumer’s name, addresses and social security number. Therefore, the discrepancies show that a dispute does exist as to the procedures being adapted to avoid discoverable errors making summary judgment inappropriate on the Fair Debt Collection Practices Act claim. The consumer’s motion for partial summary judgment is denied because she fails to show that a reasonable investigation would have revealed the inaccurate reporting.
Court: USDC Middle District of Alabama, Judge: Huffaker, Filed On: March 28, 2024, Case #: 1:22cv299, NOS: Consumer Credit - Other Suits, Categories: Debt Collection, Consumer Law
J. Milkey concludes that an independent contractor, who feels he should have been classified as an employee and given employee benefits, does not have standing for his claim because he provided his services to the company that hired him through two intermediaries. The contractor is unable to demonstrate an error when the jury instructions on standing are viewed in conjunction with the verdict slip.
Court: Massachusetts Court Of Appeals, Judge: Milkey, Filed On: March 28, 2024, Case #: 23-P-183, Categories: Employment, Jury, Contract
J. Gottschall partially grants motions for summary judgment from both an insurance company and a consumer, in this suit over whether the company inappropriately called the consumer despite his number being registered in its "do not call" list. The court grants the consumer's motion for judgment on the claim that the insurance company's actions were knowing and willful, and for his claim that the insurance company is liable for its contractors contacting the consumer. The court also dismisses a failure-to-identify claim against the insurance company as the consumer has willingly abandoned it.
Court: USDC Northern District of Illinois, Judge: Gottschall, Filed On: March 28, 2024, Case #: 1:20cv7091, NOS: Telephone Consumer Protection Act (TCPA) - Other Suits, Categories: Communications, Insurance, Negligence
J. Gonzalez Rogers finds in favor of Plum, a baby food products company, over class claims from consumers who say the company hid the fact that its baby food has trace amounts of toxic metals. The presence of heavy metals in the food supply, baby foods included, has been the subject of media coverage for years prior to this lawsuit and others like it, meaning Plum was not the keeper of any "exclusive knowledge" that it had to disclose on the packaging. Plum has even said as much on its website.
Court: USDC Northern District of California, Judge: Gonzalez Rogers, Filed On: March 28, 2024, Case #: 4:21cv913, NOS: Other Fraud - Torts - Personal Property, Categories: Consumer Law, Product Liability, False Advertising
J. Blakey partially grants a trucking company's motion to dismiss CFR, fraud, contract breach and Carmack Amendment claims brought by a couple whose interstate move the company botched. The court finds the couple have not sufficiently alleged their fraudulent misrepresentation and Illinois consumer fraud claims, but allows their CFR and Carmack Amendment claims to stand.
Court: USDC Northern District of Illinois, Judge: Blakey, Filed On: March 28, 2024, Case #: 1:23cv531, NOS: Recovery of Overpayment & Enforcement of Judgment - Contract, Categories: Fraud, Transportation, Contract
J. Simon denies the legislature's second motion for partial summary judgment against the employee's complaint alleging that the legislature fired her after not accommodating her disability. While the legislature asserts that the employee was fired because she did not work well with others, the employee presents ample evidence that she informed the legislature about her disability and sought accommodations, so now it is questionable if the legislature tried to reasonably accommodate her disability.
Court: USDC Oregon, Judge: Simon, Filed On: March 28, 2024, Case #: 3:21cv780, NOS: Employment - Civil Rights, Categories: Ada / Rehabilitation Act, Employment, Employment Discrimination
J. Blakey grants an asset management firm and its executives' motions to dismiss counterclaims brought against them by one of the firm's former managers. The asset management firm sued the former manager for breach of contract, fraud and trade secret misappropriation over his alleged lies to clients and intentional sabotage of business relationships. The former manager shot back with counterclaims of defamation, tortious interference and breach of fiduciary duty, but the court finds he has not sufficiently alleged any of these claims.
Court: USDC Northern District of Illinois, Judge: Blakey, Filed On: March 28, 2024, Case #: 1:22cv4269, NOS: Other Fraud - Torts - Personal Property, Categories: Tort, Defamation, Interference With Contract
J. Bastian denies the publisher's motion to dismiss the professional photographer's complaint that the publisher used a copyrighted photograph of Kris Kristofferson on its website without permission. Although the photo went live on the website on Feb. 14, 2019, and the photographer first saw the copyright infringement during the same year, the applicable statute of limitations that bars copyright infringement discovered before 2020 does not apply because there was no reasonable way for the photographer to find the photo due to the lack of "storm warnings" alerting the photographer of the publisher's infringement. The publisher is based in the Pacific Northwest while the photographer is based in Kentucky, and the internet is so vast that it would take a long time to monitor the usage of a single image.
Court: USDC Eastern District of Washington, Judge: Bastian, Filed On: March 28, 2024, Case #: 2:23cv25, NOS: Copyrights - Property Rights, Categories: Copyright
J. Horton finds the trial court properly entered a take-nothing judgment. The driver and passenger who were rear-ended say the court improperly imposed a "death penalty" sanction, excluding deposition testimony of their surgeon for their attorney’s failure to comply with the evidence scheduling order. The driver and passenger have not attached any part of the doctor's testimony to their motion for new trial, and the trial court did not abuse its discretion by enforcing its scheduling order. The injured party was given the opportunity to develop a record sufficient to show that no other evidence could tie the driver's surgery to the collision. Affirmed.
Court: Texas Courts of Appeals, Judge: Horton , Filed On: March 28, 2024, Case #: 09-22-00001-CV, Categories: Evidence, Sanctions, Vehicle
J. Webb finds the circuit court properly found in favor of Arkansas. The involuntarily civilly committed psychiatric patient was found to be in possession of a firearm during a traffic stop. He seeks declaratory judgment on constitutional right-to-possess claims. His commitment was based on his dangerous and reckless use of a firearm. In Arkansas, only felons convicted of non-gun-related and nonviolent crimes may have their gun rights restored. Affirmed.
Court: Arkansas Supreme Court, Judge: Webb , Filed On: March 28, 2024, Case #: CV-23-349, Categories: Constitution, Health Care, Firearms
J. Bell finds the trial court improperly convicted defendant for possession of a visual depiction of sexual conduct of a person under 16. The court wrongly denied defendant's motion to suppress cell phone evidence. The warrant did not cover the search of defendant's person, and exigent circumstances did not justify the forensic search of the cell phone. Reversed.
Court: Nevada Supreme Court, Judge: Bell , Filed On: March 28, 2024, Case #: 86156, Categories: Search, Sex Offender, Child Pornography
J. Stiglich grants defendant's petition for mandamus. Defendant pled guilty to attempted burglary and was sentenced to probation. He now seeks mandamus to compel the court to set aside the conviction after he completed substance abuse treatment. Relevant statute removes judicial discretion in cases where a defendant fulfills probation conditions for drug court program.
Court: Nevada Supreme Court, Judge: Stiglich , Filed On: March 28, 2024, Case #: 86982, Categories: Burglary, Drug Offender, Probation
J. Scudder finds that the lower court properly convicted defendant of providing material support to a terrorist organization by creating a computer program that allowed ISIS to rapidly duplicate terrorist propaganda videos online. Defendant did not simply engage in independent advocacy for a terrorist organization, but closely coordinated his activity with the terrorist organization by providing them with a software tool to disseminate media to a wide audience and circumvent censors. Affirmed.
Court: 7th Circuit, Judge: Scudder, Filed On: March 28, 2024, Case #: 22-3140, Categories: Constitution, Terrorism
J. Menendez grants summary judgment to the defendant ladder maker in its competitor's suit alleging patent infringement. No reasonable jury could conclude that the defendant's ladders infringe a limitation in the plaintiff's patent requiring that "a substantial amount of the first bracket is disposed within a cavity defined by the first component" of the ladder. The defendant ladder maker's motion to exclude expert testimony is also granted in part, since the expert failed to apply the court's claim construction in his opinions regarding the cavity limitation.
Court: USDC Minnesota, Judge: Menendez, Filed On: March 28, 2024, Case #: 0:20cv2497, NOS: Patent - Property Rights, Categories: Patent, Experts
J. Soud finds the trial court properly denied the citizen's motion to add a claim for punitive damages in her lawsuit against AMC over injuries she suffered when she fell and was stepped on by other patrons who were rushing out of a movie theater after an AMC employee announced that everyone had to evacuate because of a shooting in the parking lot. The citizen has not met the burden of proving AMC was grossly negligent in its training of employees and supposed failure to ensure policies that would not lead to the "panic and confusion" that caused her injuries, so there is no basis for a punitive damages claim. Affirmed.
Court: Florida Courts Of Appeal, Judge: Soud, Filed On: March 28, 2024, Case #: 22-2671, Categories: Civil Procedure, Negligence
J. Schiltz dismisses the insured's suit seeking indemnification for losses caused by a fraudulent wire transfer. The insured's loss stemmed from "social-engineering fraud," and it has failed to allege that it followed an "established and documented verification procedure" before obeying the fraudster's instructions. It therefore fell under an exclusion under the insured's policy.
Court: USDC Minnesota, Judge: Schiltz, Filed On: March 28, 2024, Case #: 0:23cv510, NOS: Insurance - Contract, Categories: Insurance, Contract
J. Pennell finds that the lower court properly upheld a bench warrant against a minor for complying with the terms of her supervision following an assault conviction. While the warrant did conflict with a related state statute, it was proper under the terms of the Juvenile Justice Act, which legal precedent says take priority. Affirmed.
Court: Washington Court Of Appeals, Judge: Pennell, Filed On: March 28, 2024, Case #: 39113-2-III, Categories: Juvenile Law, Assault