171 results for 'filedAt:"2023-06-20"'.
J. Weisman partially grants a number of agriculture and chemical companies’ motion to compel discovery from Illinois state agencies, as part of the underlying case over the companies’ manufacture, marketing and distribution of toxic polychlorinated biphenyls (PCBs) in the state. In line with the motion, the court compels the Illinois Environmental Protection Agency, the Illinois Department of Natural Resources, the Illinois Department of Public Health and the Illinois Department of Agriculture to answer the companies’ Rule 34 discovery requests.
Court: USDC Northern District of Illinois, Judge: Weisman, Filed On: June 20, 2023, Case #: 1:22cv5339, NOS: Property Damage Product Liability - Torts - Personal Property, Categories: Environment, Product Liability, Discovery
J. Simler finds a lower court properly dismissed a trading firm's contract claims against a former employee. The trading firm argued that the former employee violated a non- compete clause in his employment agreement by leaving the company to work for the competition. However, the trading firm's contract with the employee is ambiguous because it contains a fixed period of zero to 12 months, which allows it to reduce the fixed restriction. Affirmed.
Court: Her Majesty's Court of Appeal, Judge: Simler , Filed On: June 20, 2023, Case #: CA-2023-837, Categories: Employment, Contract
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J. Lewison finds a lower court improperly dismissed a husband and wife's contract claims against an estate administrator concerning the family's farming partnership . The estate administrator argued that she was entitled to dissolve the partnership after the death of a relative, who owned the majority stake, and set out to sell its assets at auction, based on her insistence that the husband and wife could not raise funds for a buy out. However, the husband and wife sufficiently showed in court that they could make installment payments on the buyout option, and that the estate administrator is not entitled to interest, as long as they comply with the terms of the agreement. Reversed.
Court: Her Majesty's Court of Appeal, Judge: Lewison, Filed On: June 20, 2023, Case #: CA-2022-2010, Categories: Real Estate, Contract
J. Greenlee finds the lower court properly convicted defendant of possessing more than 0.1 grams but less than 2 grams of methamphetamine and sentenced him as a nonviolent habitual offender to three years to be served in the custody of the Mississippi Department of Corrections. Methamphetamine was found in defendant's sock during the course of a pat-down by officers arresting him for an outstanding warrant. There are no arguable issues on appeal. Affirmed.
Court: Mississippi Court Of Appeals, Judge: Greenlee, Filed On: June 20, 2023, Case #: 2022-KA-00405-COA, Categories: Drug Offender
J. Foster grants the pornographer's motions to serve third-party subpoenas on internet service providers to obtain identifying information for 17 unknown persons alleged to have unlawfully distributed its films. The pornographer has sufficiently stated an actionable copyright-infringement claim in each case, its discovery requests are sufficiently specific, it has adequately shown that there are no alternative ways to obtain the requested information and that the cases cannot proceed without it, and that, with protective orders keeping the identities of the people identified from the public, the pornographer's right to pursue its claims outweigh their expectations of privacy.
Court: USDC Minnesota, Judge: Foster, Filed On: June 20, 2023, Case #: 0:23cv1571, NOS: Copyrights - Property Rights, Categories: Copyright, Privacy, Discovery
J. Gustafson finds that credible evidence supported the district court determination that a property owner had established a prescriptive easement over two roads passing through a neighbor's property. Summary judgment was precluded by disputes of fact about whether the historical use of the roads was permissive. The property owner was entitled to amend its complaint and have it relate back to the original complaint. Affirmed.
Court: Montana Supreme Court, Judge: Gustafson, Filed On: June 20, 2023, Case #: DA 22-0279, Categories: Civil Procedure, Property
J. Pipkin finds that the trial court properly found partially in favor of the business partners on the executive's wrongful termination and breach of fiduciary duty claims based on his wrongful termination. The executive's action arose after he was fired and removed from the company's board of directors for coming to work intoxicated. There was no valid, verbal, implied employment contract between the parties, therefore the trial court correctly found that the executive was an at-will employee. However, the trial court incorrectly found in favor of the business partners as to the remainder of the fiduciary duty claim. The trial court failed to consider whether the executive had alleged a special injury distinct from that suffered by other shareholders when the company allegedly failed to reimburse him for expenses, destroyed his personal property and failed to act in the company's interest. Reversed in part.
Court: Georgia Court of Appeals, Judge: Pipkin, Filed On: June 20, 2023, Case #: A23A0480, Categories: Employment, Fiduciary Duty, Contract
J. Kleeh grants in part and denies in part the Lewis County Commission and three deputy sheriffs’ motion for summary judgment in a wrongful death suit claiming the deputies contributed to a parolee’s death when, following the parolee’s arrest on an outstanding warrant, they beat and tazed him while he was face-down on the ground. After determining the estate’s seven state clams is just one for wrongful death under different theories of liability, the court finds the deputies’ actions could be interpreted by a jury as “malicious, in bad faith, wanton, or reckless.” In addition to the finding in favor of the county on all the estate’s claims, including a federal Monell claim for the deputies’ possibly unconstitutional actions in violation of local law, custom or policy, the court finds the deputies are entitled to qualified immunity on the estate’s excessive use of force claim, determining it was not clearly established the parolee had a right not be tazed in his encounter with them.
Court: USDC Northern District of West Virginia, Judge: Kleeh, Filed On: June 20, 2023, Case #: 2:20cv47, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Wrongful Death, Police Misconduct
J. Rodriguez finds that the trial court should not have dismissed a bad faith and contract complaint over an insurer's denial of a disability benefits claim as barred by the statute of limitations. The insured's breach claim did not accrue until the insurer stopped paying benefits, not earlier when the insurer informed the insured that it intended to stop paying benefits. Reversed.
Court: California Courts Of Appeal, Judge: Rodriguez, Filed On: June 20, 2023, Case #: A166049, Categories: Civil Procedure, Insurance, Contract
J. Hart finds that defendant's double jeopardy protections were not violated when he was tried for a murder after having been acquitted in Mexico. The cooperation of Colorado authorities in the Mexican prosecution did not bar the application of the dual-sovereignty doctrine to his prosecution in Colorado since the cooperation did not meet the threshold of control that would make the Mexican prosecution a tool of Colorado's jurisdiction. Affirmed.
Court: Colorado Supreme Court, Judge: Hart, Filed On: June 20, 2023, Case #: 21SC473, Categories: Murder, Double Jeopardy
J. Miller dismisses an immigrant's petition for review of a decision of the Board of Immigration Appeals. The immigrant sought cancellation of removal and adjustment of status. An immigration judge denied relief because of the immigrant's criminal record and the Board of Immigration Appeals affirmed. The panel concluded that it lacked jurisdiction.
Court: 9th Circuit, Judge: Miller, Filed On: June 20, 2023, Case #: 20-72510, Categories: Immigration, Jurisdiction
J. Riedmann finds the district court properly entered the harassment protection order against the property owner involved in a boundary dispute resulting in trespass, vandalism and a fight resulting in hospitalization. Evidence presented at the show cause hearing, including the petition, affidavit, testimony and exhibits outweigh arguments that the injured party’s lack of recollection and failure to identify a series of acts precludes the order. The aggressor’s argument ignores evidence of and reference to the two-year dispute. Affirmed.
Court: Nebraska Court Of Appeals, Judge: Riedmann, Filed On: June 20, 2023, Case #: A-22-801, Categories: Property, Restraining Order, Assault
J. Scudder finds that this Second Amendment challenge to the federal felon-in-possession statute must be remanded because the lower court made its decision without the benefit of the Supreme Court's guidance in New York State Rifle & Pistol Association v. Bruen, which announced a new framework for analyzing restrictions on the possession of firearms.
Court: 7th Circuit, Judge: Scudder, Filed On: June 20, 2023, Case #: 22-1557, Categories: Constitution, Firearms
J. Owens dismisses defendant's appeal from his conviction for abusive sexual contact of a child under age twelve. Defendant claimed that he was not informed that his plea could potentially lead to "subsequent civil commitment, community notification, and geographic restrictions on his residence and workplace." The panel held that defendant's plea was knowing and voluntary.
Court: 9th Circuit, Judge: Owens, Filed On: June 20, 2023, Case #: 21-10320, Categories: Sex Offender, Plea, Commitment
J. Doyle finds that the trial court properly found in favor of the co-worker in a negligence action brought by the individual arising after the co-worker hit him with his vehicle in the employer's parking lot. The individual received workers' compensation benefits for the accident, which occurred when the co-worker was traveling to the workplace for his shift. The co-worker was acting as an employee when he hit the individual, therefore the individual's action against the co-worker was barred by the exclusive remedy provision of the Workers' Compensation Act. Affirmed.
Court: Georgia Court of Appeals, Judge: Doyle, Filed On: June 20, 2023, Case #: A23A0432, Categories: Negligence, Workers' Compensation
J. Chasanow grants a Mexican restaurant its motion to dismiss claims by a customer for allegedly violating anti-discrimination statutes by employing waitstaff who refused to serve him and laughed at him because of his race. The customer, a Black man, claims the waitstaff in question, “two white Hispanic female[s],” perpetrated this prejudicial treatment. However, the customer fails state a claim because he has not provided enough information to create a causal link between the waitstaff’s behavior and his race.
Court: USDC Maryland, Judge: Chasanow, Filed On: June 20, 2023, Case #: 8:23cv1029, NOS: Housing/Accommodations - Civil Rights, Categories: Civil Rights
J. Matsumoto dismisses a self-represented litigant’s lawsuit brought against Wells Fargo for claims under the Dodd-Frank Act, as well as violations under federal criminal law. He alleges his bank account was double-charged for a news subscription that he had previously canceled, and Wells Fargo failed to remove the overcharge in what he claims is a systemic and deliberate accounting fraud perpetrated against its banking customers. None of the statutes in which he asserts his claims provide for a private right of action.
Court: USDC Eastern District of New York, Judge: Matsumoto, Filed On: June 20, 2023, Case #: 1:21cv5361, NOS: Banks and Banking - Other Suits, Categories: Fraud, Banking / Lending
Per curiam, the appellate division finds that the lower court properly found for the news outlet in a defamation suit stemming from an online article reporting on the contentious divorce between the plaintiff, CEO of Consolidated Elevator Industries, and actress Julianne Michelle. The article provided a substantially accurate report of the CEO's arrests for domestic violence and related criminal proceedings. Affirmed.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: June 20, 2023, Case #: First, Categories: Defamation
J. Samour finds that the trial court erred in automatically excluding defendant's hearsay statement because it was self-serving. Self-serving hearsay is subject to the regular exceptions to the bar on hearsay. Defendant's hearsay statement that he thought his alleged victim had given him permission to have sex with her was admissible under the excited utterance exception, as he made the statement when she startled him by accusing him of rape. And the statement had probative value since it directly undermines the state's evidence. Reversed.
Court: Colorado Supreme Court, Judge: Samour, Filed On: June 20, 2023, Case #: 21SC771, Categories: Evidence, Sex Offender