15 results for 'filedAt:"2023-06-19"'.
J. Richman finds the district court properly denied the preliminary injunction sought by the naturalized U.S. citizen and attorney to prevent border protection agencies from searching his cell phone without warrant. The attorney claims that agents “copied privileged communications between [him] and his [immigration] clients” at least once. The lawyer has demonstrated that agency policies do authorize warrantless searches but has shown no evidence establishing that agents will search his cell phone in the future. He fails to demonstrate a likelihood of irreparable injury absent injunction. Affirmed.
Court: 5th Circuit, Judge: Richman, Filed On: June 19, 2023, Case #: 20-10059, Categories: Civil Rights, Immigration, Injunction
J. Ho finds the district court properly convicted defendant for possession of child pornography. Defendant, by a routine search of his RV when crossing the border from Mexico, was found to be in possession of a well-hidden, undeclared firearm and ammunition. After he was detained, a search of his cell phone revealed child pornography. Every circuit addressing the issue of reasonable suspicion authorizing the search of a cell phone has agreed that no individualized suspicion is required for the manual border search of a cell phone, and there is no reason to depart from the consensus. Affirmed.
Court: 5th Circuit, Judge: Ho, Filed On: June 19, 2023, Case #: 21-50406, Categories: Search, Child Pornography, Civil Rights
Per curiam, the Fifth Circuit finds the district court improperly awarded $431,608 in attorney fees to the wireless company in this contract dispute alleging that the company contracted with a competitor when the software company failed to deliver billing software on schedule. The court erred by using the total number of segregated hours rather than the total number of unsegregated hours in the base lodestar calculation, resulting in a double deduction. Reversed and remanded.
Court: 5th Circuit, Judge: Per curiam, Filed On: June 19, 2023, Case #: 22-50254, Categories: Attorney Fees, Contract, Technology
J. Tavitas finds that the trial court properly ruled in foreclosure claims concerning a mechanic's lien. A party who had interest in the related property was not initially part of the proceedings, and defendant company failed to comply with a court order regarding control over the property. Thus, the added party was entitled to relief from judgment, and the trial court properly set aside the order. Affirmed.
Court: Indiana Court Of Appeals, Judge: Tavitas, Filed On: June 19, 2023, Case #: 22A-PL-2724, Categories: Civil Procedure, Property
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J. Starr modifies an injunction against online sellers of expired Mary Kay products after they failed to stop selling the defective products and reveal the identities of the sellers. The sellers are now banned from selling any Mary Kay products until they appear in court, pay Mary Kay's attorney fees and all fines, and reveal information regarding the source of the old products.
Court: USDC Northern District of Texas , Judge: Starr, Filed On: June 19, 2023, Case #: 3:20cv3675, NOS: Trademark - Property Rights, Categories: Commerce, Trademark, Injunction
J. Dietz finds that the court of appeal properly issued a writ of certiorari in negligence claims brought against the YMCA concerning an employee who sexually abused minors because the case should not have been assigned to a three-judge panel. Affirmed.
Court: North Carolina Supreme Court, Judge: Dietz, Filed On: June 19, 2023, Case #: 424A21, Categories: Judiciary, Negligence
[Consolidated.] J. Willett finds the district court improperly sanctioned the event ticket-selling service for failing to designate a list of its affiliates as “highly confidential” during discovery in the underlying patent infringement suit. Though that part of the sanctions order imposing liability against the company was properly entered, the part imposing liability against individual representatives was improperly calculated. The court also did not provide adequate reasoning as to the calculation, nor did it address the application of factors from a guiding case in a way that would facilitate meaningful review. Affirmed.
Court: 5th Circuit, Judge: Willett, Filed On: June 19, 2023, Case #: 21-40705, Categories: Patent, Sanctions, Discovery
J. Rodriguez finds a lower court ruled correctly in finding a man to be a sexually violent predator and civilly committing him. The man argued the jury had been unfairly prejudiced when the court allowed them to hear details of his adjudicated and unadjudicated offenses, but that evidence was provided with the “limited purpose of assisting the jury in weighing the experts’ opinions on the ultimate issue of [the man’s] behavioral abnormality” and did not unfairly prejudice him. Affirmed.
Court: Texas Courts of Appeals, Judge: Rodriguez, Filed On: June 19, 2023, Case #: 08-22-00222-CV, Categories: Evidence, Commitment, Due Process
J. Smith, by certificate of appealability, finds the district court properly dismissed the capital murder death row inmate’s habeas petition. Though he says his late filing is excusable due to the Office of Capital Writs failure to fully investigate his mental health, his counsel did investigate by requesting a medical evaluation, at which point they were meaning to determine whether or not to allow the inmate to dismiss them and proceed pro se. Counsel was not ineffective in this. Affirmed.
Court: 5th Circuit, Judge: Smith, Filed On: June 19, 2023, Case #: 21-70008, Categories: Death Penalty, Habeas, Murder
J. Frink Wolf grants an insurance company’s motion for reimbursement for money it spent towards quieting the title of a property sold by one of the property’s prior residents. The insurance company seeks $143,924.13, which is granted because it would likely receive a judgment of an equal or greater sum.
Court: USDC Maine, Judge: Frink Wolf, Filed On: June 19, 2023, Case #: 2:23cv26, NOS: Other Contract - Contract, Categories: Insurance, Property, Real Estate
J. Pepper denies the employee's renewed but incomplete motion for class certification in his lawsuit against the produce company disputing nonpayment for work done during meal breaks of less than 30 minutes. In addition to denying the company's motion to reconsider a previous ruling on class certification and ordering the employee to file another certification motion following all applicable court rules, the employee's motion for summary judgment is denied and a new briefing schedule is established to allow him and the company to file revised briefs taking into account a recent Seventh Circuit decision dealing with similar issues of payment and meal breaks. Both parties are also admonished to stop bringing superfluous motions asking to file sur-reply briefs or to strike other filings, as they are clogging up the docket and will not be granted.
Court: USDC Eastern District of Wisconsin, Judge: Pepper, Filed On: June 19, 2023, Case #: 2:20cv1802, NOS: Fair Labor Standards Act - Labor, Categories: Employment, Class Action, Labor