106 results for 'filedAt:"2023-05-15"'.
J. Birotte denies an individual's motion for a temporary restraining order and for preliminary and permanent injunctions against a lender who he alleges charged him a monthly fee for lack of insurance despite the individual providing his insurance information when he purchased a van. The individual also alleges that the lender posted payments late even though he made the payments on time. The van was repossessed with the individual's possessions inside after the individual alleges he provided proof of insurance again. The individual seeks the return of the van and its contents. The individual, proceeding pro se, has not provided sufficient facts to support his allegations.
Court: USDC Central District of California, Judge: Birotte, Filed On: May 15, 2023, Case #: 8:23cv723, NOS: Other Fraud - Torts - Personal Property, Categories: Fraud
J. Rowland partially grants the defendant machine shop’s motion for summary judgment while denying the plaintiff machine shop’s cross-motion for summary judgment in this case over military-compliant fasteners. The plaintiff shop claims the defendant shop violated trademark laws by buying plaintiff’s fasteners, altering them and selling them to its customers as compliant with military specifications. The court grants the defendant shop’s claim for summary judgement as to the “word marks,” i.e., the plaintiff shops’ brand identifiers, which are present on the defendant’s fasteners, as the plaintiff has not sufficiently explained why those marks cannot appear on the fasteners when they are meant for military and not commercial use. All other claims from all parties survive.
Court: USDC Northern District of Illinois, Judge: Rowland, Filed On: May 15, 2023, Case #: 1:18cv6670, NOS: Trademark - Property Rights, Categories: Commerce, Trademark, Business Practices
J. Conrad awards more than $823,000 in attorney fees to a software company following its default judgment against a former, now-bankrupt partner on its trade secret misappropriation and copyright infringement claims. The requested $838,000 in attorney fees is reduced due, in part, to excessively billed hours.
Court: USDC Western District of North Carolina, Judge: Conrad, Filed On: May 15, 2023, Case #: 3:19cv195, NOS: Other Statutory Actions - Other Suits, Categories: Copyright, Trade Secrets, Attorney Fees
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J. Holmes finds that an IRS settlement officer abused his discretion by denying the taxpayers' offer regarding their tax deficiency. The case is remanded for further review based on the consideration that the taxpayers lost their jobs during the pandemic.
Court: U.S. Tax Court, Judge: Holmes, Filed On: May 15, 2023, Case #: 2023-59, Categories: Tax
J. Gaziano upholds defendant's conviction for unlawful possession of a firearm. The trial court was not required to grant defendant's motion for discovery of police reports, as he failed to show they were relevant, and the prosecutor's closing arguments were not prejudicial. Affirmed.
Court: Massachusetts Supreme Court, Judge: Gaziano, Filed On: May 15, 2023, Case #: SJC-13333 , Categories: Firearms, Discovery
J. Gaziano finds the trial court properly refused to suppress evidence during defendant's firearm-related case. The police officers' stop did not violate defendant's Fourth Amendment rights, as they had a reasonable suspicion defendant had been involved in a nearby shooting. Affirmed.
Court: Massachusetts Supreme Court, Judge: Gaziano, Filed On: May 15, 2023, Case #: SJC-13329 , Categories: Firearms, Search
J. Flaux finds a lower court properly ruled in favor of an investment authority on fraud claims against an businessman. The businessman argued that a third party fraudster hacked documents that he was obligated to present at trial. However, the investment authority presented sufficient evidence in court that the businessman swindled potential investors by falsely claiming to have a majority stake in an airlines company. Affirmed.
Court: Her Majesty's Court of Appeal, Judge: Flaux, Filed On: May 15, 2023, Case #: CA-2022-2292, Categories: Evidence, Fraud
J. Boatright finds that the trial court properly admitted statements a psychiatrist made that recounted non-Miranda statements defendant had made to police. Defendant pleaded not guilty by reason of insanity for the murder of his mother. If a defendant introduces psychiatric evidence as part of an insanity defense, the state may also use psychiatric evidence in rebuttal. And the waiver of the physician-patient privilege extends to statements made to non-physician clinicians working as a psychiatrist's agents. Affirmed.
Court: Colorado Supreme Court, Judge: Boatright, Filed On: May 15, 2023, Case #: 21SC395, Categories: Competence, Miranda, Murder
J. Gabriel finds that the appeals court was right that a career school is not entitled to a jury trial on Consumer Protection Act civil penalties claims because the claims are equitable in nature, and the trial court properly found that the loans the school offered were not unconscionable. However, the appeals court must determine whether the school had the opportunity at trial to fully argue that the Act claims did not meet Act's significant public impact element before ordering a new trial. Reversed in part.
Court: Colorado Supreme Court, Judge: Gabriel, Filed On: May 15, 2023, Case #: 21SC781, Categories: Education, Consumer Law, Banking / Lending
J. Doyle finds that the trial court improperly found in favor of the holding company manager in a breach of fiduciary duty and fraud action brought by the lender arising from the allegedly improper sale of a property. The trial court incorrectly found that a section of the operating agreement permitting the manager to sell the property for $2.5 million or more without the lender's consent prevailed over a harmful conduct and self-dealing provision of the same agreement. The agreement overall required that the property be sold at market rates and on "commercially reasonable" terms. Reversed.
Court: Georgia Court of Appeals, Judge: Doyle, Filed On: May 15, 2023, Case #: A23A0429, Categories: Fraud, Property, Fiduciary Duty
J. Hazelrigg finds that the lower court properly ordered a new trial after a jury found defendant guilty of manslaughter. The new trial was ordered as a result of prosecutorial misconduct during trial based on a prosecutor’s comments in cross-examination. It's widely agreed that trial courts have a high degree of deference and discretion in ordering a new trial based on the findings of the presiding judge that prejudice was injected into their trial. There is nothing that shows the judge went beyond that broad level of discretion. Affirmed.
Court: Washington Court Of Appeals, Judge: Hazelrigg, Filed On: May 15, 2023, Case #: 83797-4-I, Categories: Fair Trial, Prosecutorial Misconduct, Manslaughter
J. Estudillo finds in favor of the unions against the think tank's claim that the unions tried to stop the think tank's opt-outs for their public employees by refusing their mail. The think tank lacks standing to make its claim, because mailing an opt-out card on a public employee's behalf is "not crucial to its ability to educate and assist union registration," and the think tank does not identify any employees who tried to resign from one of the unions but was unable to do so.
Court: USDC Western District of Washington, Judge: Estudillo, Filed On: May 15, 2023, Case #: 3:22cv5273, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Labor / Unions
J. Lynch finds the trial court properly assumed jurisdiction over a murder case based on its determination the scene of the crime could not be established. Defendant's statements regarding when and where her child died shortly after childbirth in 1993 were unreliable and could not be corroborated due to the passage of time and her claim no one was present. Meanwhile, the trial court properly admitted expert testimony that tissue from the child's lungs proved there was breathing at some point after birth because the testimony was based on sound methodology. Affirmed.
Court: Ohio Court Of Appeals, Judge: Lynch, Filed On: May 15, 2023, Case #: 2023-Ohio-1625, Categories: Murder, Jurisdiction, Experts
J. Wooton affirms the lower court’s decision granting the inmate partial relief on his habeas petition, ordering he be given credit for time served while on home confinement following his 2011 conviction for the 2008 assault and robbery of a Huntington attorney, but denying him relief on the four other grounds, including ineffective assistance of counsel. The court finds the habeas judge did not err in denying relief on the grounds of ineffective assistance of counsel since a potential argument of “diminished capacity” would have done more harm than good in light of unrefuted evidence presented at trial.
Court: West Virginia Supreme Court Of Appeals, Judge: Wooton, Filed On: May 15, 2023, Case #: 21-0536, Categories: Habeas, Robbery, Assault
J. Walter finds in favor of American Airlines for the former flight service coordinator’s claim that American Airlines selected him as one of five LAX coordinators to be terminated due to decreased air travel during the Covid-19 pandemic because of his age and his disability from a workplace injury. American Airlines had a legitimate, nondiscriminatory reason to fire the former service coordinator, who previously demonstrated that he was unreliable.
Court: USDC Central District of California, Judge: Walter, Filed On: May 15, 2023, Case #: 2:22cv4723, NOS: Employment - Civil Rights, Categories: Employment, Covid-19, Employment Discrimination
J. McLish denies the Defense Commissary Agency’s motion to dismiss this dispute over the contractor’s invoicing for subcontracted work performed on a time and materials basis regarding maintenance and repair services for commissary facilities. The contractor plausibly contends that a ruling on interpretation issues may allow it to avoid costs, relieving it from certain objected-to obligations. These implications other than money recovery show that the claims are not barred by the cited case rule requiring the contractor to state a “sum certain.” The motion to dismiss is granted as to monetary relief due to a lack of jurisdiction.
Court: Armed Services Board Of Contract Appeals, Judge: McLish, Filed On: May 15, 2023, Case #: 63013, Categories: Government, Jurisdiction, Contract
J. Swope finds that the trial court must revisit an unlawful detainer case to determine whether a landlord was acting in good faith when it sought a $1.9 million writ of attachment against its tenant. The trial court must also make additional findings before determining the validity of the tenant's retaliatory eviction defense. Reversed.
Court: California Courts Of Appeal, Judge: Swope, Filed On: May 15, 2023, Case #: A163827, Categories: Landlord Tenant
Per curiam, the circuit finds that the district court properly declined to modify a consent decree between Twitter and Tesla owner Elon Musk and securities regulators that required internal pre-approval for tweets about the public car company. The decree did not constitute prior restraint because Musk could have declined to agree, and requiring periodic reports on compliance did not constitute inquiries into protected speech. Affirmed.
Court: 2nd Circuit, Judge: Per curiam, Filed On: May 15, 2023, Case #: 22-1291, Categories: Constitution, Securities
The Colorado Supreme Court publicly censures Mark D. Thompson, a former district court judge for the Fifth Judicial District, for violations of the the Code of Judicial Conduct. As part of a suspension after pleading guilty to a disorderly conduct charge for displaying an assault rifle in an argument with his stepson, he was placed on a one-year probation with a requirement to undergo anger management treatment. Upon his return from suspension, he lost his temper with counsel in a personal injury case and was "rude, condescending, and mocking." He also inappropriately berated two parents in a domestic relations case.
Court: Colorado Supreme Court, Judge: Per curiam, Filed On: May 15, 2023, Case #: 23SA18, Categories: Judiciary, Sanctions
J. Wright finds that the lower court properly denied the appellant's counterclaims for breach of contract and promissory estoppel in this dispute involving "real property jointly owned by the parties." On appeal, he contends that the evidence is insufficient to support the lower court's "only finding of fact" relating to the real property. However, he fails to challenge all of the findings, and the "unchallenged finding of fact is binding on appeal." Affirmed.
Court: Texas Courts of Appeals, Judge: Wright, Filed On: May 15, 2023, Case #: 05-22-00487-CV, Categories: Civil Procedure, Real Estate, Contract
J. Trauger partially grants the employer's motion for summary judgment in this lawsuit brought by a former employee, who asserts claims of disability discrimination and retaliation under the Americans with Disabilities Act, as well as claims for interference and retaliation under the Family and Medical Leave Act. The employee's claims under the Tennessee Disability Act are dismissed as time-barred. Summary judgment is also appropriate as to his retaliation claims.
Court: USDC Middle District of Tennessee , Judge: Trauger, Filed On: May 15, 2023, Case #: 3:21cv815, NOS: Amer w/Disabilities-Employment - Civil Rights, Categories: Ada / Rehabilitation Act, Employment Discrimination, Employment Retaliation
J. Jones declines to dismiss the political activist's claim that the government wrongfully separated him from his child, as they are indigenous Maya people native to Guatemala who entered the United States because the political activist received death threats for advocating for indigenous land rights. The discretionary function exception of the Federal Tort Claims Act does not bar the political activist's claim because it does not apply to FTCA claims against the Trump administration's family-separation policies if there is a specific alleged constitutional violation, which there is because the political activist alleges that U.S. Customs and Border Protection violated his and his son's constitutional right to family integrity.
Court: USDC Western District of Washington, Judge: Jones, Filed On: May 15, 2023, Case #: 2:20cv1524, NOS: Other Personal Injury - Torts - Personal Injury, Categories: Government, Immigration, Tort
J. Rodriguez finds a lower court ruled correctly in granting a plea to the jurisdiction and summary judgment to the University of Texas at El Paso, which was sued by a mother who said she tripped and injured herself while attending her son’s graduation. The mother offered “no direct evidence” about how the long the hole had been around, or whether it had been around long enough that the university should have known about it, and therefore the school should retain “its immunity from suit and liability.” Affirmed.
Court: Texas Courts of Appeals, Judge: Rodriguez, Filed On: May 15, 2023, Case #: 08-22-00063-CV, Categories: Tort, Immunity, Negligence
J. Brennan finds that the lower court improperly granted the juvenile center superintendent immunity on claims stemming from changes he made at the center to accommodate the filming of scenes for the television series Empire at the Cook County Juvenile Temporary Detention Center in 2015. The superintendent is not entitled to immunity on allegations that he violated the detainee's Fourteenth Amendment conditions-of-confinement claims. Reversed.
Court: 7th Circuit, Judge: Brennan, Filed On: May 15, 2023, Case #: 21-3303, Categories: Civil Rights, Constitution, Immunity
J. Chin finds that the district court improperly found for a New York City casino operator accused of failing to give employees advanced notice before closing its buffet restaurant because the number of workers and certain qualities rendered the restaurant a distinct "operating unit," which raised questions of fact as to whether 60-90 days' notice had been required prior to the layoffs. Reversed.
Court: 2nd Circuit, Judge: Chin, Filed On: May 15, 2023, Case #: 21-833-cv, Categories: Civil Procedure, Employment, Class Action