170 results for 'filedAt:"2023-07-26"'.
J. Smith finds that the trial court improperly denied the individual a one-half interest in the property conveyed by his father through a "Lady Bird Deed." Based on the language of the deed, the one-half interest in the property vested in the individual immediately when the father died, so the revocations of the deed executed on behalf of the stepmother were ineffective. Reversed.
Court: Texas Courts of Appeals, Judge: Smith, Filed On: July 26, 2023, Case #: 10-21-00297-CV, Categories: Family Law, Property, Wills / Probate
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J. Chen finds that the copyright plaintiff's cartoons and the characters in them are entitled to "thick" or "broad" copyright protection, under which a jury must find protectable elements of works to be "substantially similar" to the copyrighted work to support a finding of copyright infringement, rather than "virtually identical." While the range of expression of baby cartoon characters, which feature prominently in cartoons, is narrow as compared to some other characters, there remain a broad array of ways in which a cartoon baby could be made distinct from other cartoon babies.
Court: USDC Northern District of California, Judge: Chen, Filed On: July 26, 2023, Case #: 3:21cv6536, NOS: Copyrights - Property Rights, Categories: Copyright, Jury
J. Ryu partially grants the employer's motion to dismiss the employee's suit asserting defamation, invasion of privacy and related claims. The invasion of privacy claim is dismissed with leave to amend, since it is not clearly pleaded and cites a "constitutional right to privacy," to which she is not entitled as a non-resident of California. An anti-SLAPP motion seeking dismissal of claims under a non-disparagement section of the California Labor Code and for defamation fails.
Court: USDC Northern District of California, Judge: Ryu, Filed On: July 26, 2023, Case #: 4:23cv476, NOS: Assault, Libel, & Slander - Torts - Personal Injury, Categories: Employment, Defamation, Privacy
J. Lazar finds the circuit court improperly granted summary judgment to the insurance company in the dairy farm's lawsuit over magnesium deficiencies injuring its cattle due to issues with feed it was provided by the cattle feed supplier. The circuit court incorrectly determined that the farm had failed to show the injuries to its herd were an "occurrence" causing "property damage" which triggers coverage under the feed supplier's insurance policies, and liability could be plausibly established if it is proven the substitution of an ingredient in the feed caused the injuries. The circuit court's order is overturned, and the case is remanded for further proceedings. Reversed.
Court: Wisconsin Court of Appeals, Judge: Lazar, Filed On: July 26, 2023, Case #: 2021AP000670, Categories: Agriculture, Insurance, Contract
J. Bolden finds the Court of Appeals improperly found journalists, who were denied Department of Corrections recordings of a prisoner altercation resulting in an inmate’s death, prevailed only in part and are not entitled to attorney fees. Pro bono representation is not an appropriate consideration in determining the reasonableness of attorney fees. The Court of Claims correctly found that the journalists were entitled to fees, though it improperly reduced the fees. The Court of Appeals judgment is reversed. The Court of Claims’ judgment is vacated and remanded to reassess the reasonableness of the attorney fees.
Court: Michigan Supreme Court, Judge: Bolden, Filed On: July 26, 2023, Case #: 163382, Categories: Public Record, Attorney Fees, Prisoners' Rights
J. Chun declines to dismiss the college students' claim that Amazon did not give them notice that its Rekognition program collected and stored their facial biometric data when they submitted their images to take multiple remote tests, as the colleges used online testing proctoring software through ProctorU. Amazon argues that it did not know of the biometric data in ProctorU's Amazon cloud-storage accounts and did not have control over that data, but the college students sufficiently allege that Amazon "can access and control their data to perform facial recognition using its Rekognition program."
Court: USDC Western District of Washington, Judge: Chun, Filed On: July 26, 2023, Case #: 2:22cv269, NOS: Other Contract - Contract, Categories: Privacy, Contract, Technology
Per curiam, the circuit finds that the district court should have reassigned sentencing on defendant's guilty plea to conspiracy to commit honest services wire fraud by facilitating a bribe to secure an investment in a hedge fund that ultimately declared bankruptcy because the judge who imposed the $12 million restitution order favoring correctional officers had very close ties to a cooperating witness.
Court: 2nd Circuit, Judge: Per curiam, Filed On: July 26, 2023, Case #: 20-1011, Categories: Judiciary, Restitution, Bribery
J. Powers finds the juvenile court erred by dismissing a petition for adoption of a mother’s birth daughter by her husband, the child’s stepfather, who died during the pendency of this action. When a petitioner dies, “the adoption petition does not automatically abate.” Reversed.
Court: Oregon Court of Appeals, Judge: Powers, Filed On: July 26, 2023, Case #: A176866, Categories: Family Law
J. Schumacher finds that the mother’s parental rights were properly terminated. She failed to provide critical care to her premature newborn, brought her other child to the emergency room with suspicious fractures and had a history of illegal drug use. Affirmed.
Court: Iowa Court Of Appeals, Judge: Schumacher, Filed On: July 26, 2023, Case #: 23-0886, Categories: Family Law, Guardianship
J. Long finds the trial justice properly denied plaintiff's motion for a new trial after being convicted of operating a vehicle in reckless disregard of the safety of others that resulted in a death. Evidence supported his conviction and because he did not to raise his evidentiary objection before the trial justice, he waived it. Affirmed.
Court: Rhode Island Supreme Court, Judge: Long, Filed On: July 26, 2023, Case #: 20-229, Categories: Vehicular Homicide
J. Mayle finds the lower court properly terminated the mother's parental rights and granted permanent custody of her children to family services. Although she obtained stable housing, she failed to remedy the primary issues that led to the children's initial removal, including a refusal to attend counseling sessions or send the children to school, and continuing her relationship with their abusive father. Affirmed.
Court: Ohio Court Of Appeals, Judge: Mayle, Filed On: July 26, 2023, Case #: 2023-Ohio-2576, Categories: Evidence, Family Law
J. Gordo finds the trial court improperly ordered a directed verdict and dismissed with prejudice the developer's lawsuit against the holdings company and other parties to a project to build a mixed-use condominium development that was ultimately shut down. After the jury found for the developer on its breach of contract and other claims, the trial court incorrectly adopted a directed verdict essentially saying the developer had suffered a derivative rather than direct injury, vacated the jury's verdict and dismissed the case. The case is remanded for the trial court to reinstate the jury's verdict and for further proceedings. Reversed.
Court: Florida Courts Of Appeal, Judge: Gordo, Filed On: July 26, 2023, Case #: 22-0206, Categories: Jury, Fiduciary Duty, Contract
J. Easterbrook affirms a district court ruling finding that the Union Pacific Railroad is not bound by any contractual promise to keep providing rail services to Chicago’s public rail system for the indefinite future. The litigants’ contracts have start and end dates, which both sides can enforce. Affirmed.
Court: 7th Circuit, Judge: Easterbrook, Filed On: July 26, 2023, Case #: 22-1445 , Categories: Government, Transportation, Contract
J. Buller grants a police officer summary judgment in pro se claims brought after plaintiff was arrested for harassing a coworker because police had probable cause to arrest plaintiff for repeatedly contacting the coworker and her family based on false claims that she was being trafficked by her supervisor. Affirmed.
Court: Iowa Court Of Appeals, Judge: Buller, Filed On: July 26, 2023, Case #: 22-0895, Categories: Civil Rights
J. Windhorst finds that the trial court properly granted a driver's motion to reinstate his license after being arrested for drunk driving. The driver requested an administrative hearing to contest the Office of Motor Vehicle's decision to disqualify him from operating a commercial motor vehicle for one year. In this case, the Office did not show that the police officer had reasonable grounds to believe that the driver had been driving under the influence of alcohol at the time of the traffic stop. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Windhorst, Filed On: July 26, 2023, Case #: 22-CA-374, Categories: Administrative Law, Licensing, Contract
J. Badding finds that defendant was properly convicted of first-degree murder for shooting his girlfriend's paramour because malice aforethought was established by evidence indicating defendant followed the victim and engaged in an extended confrontation. Affirmed.
Court: Iowa Court Of Appeals, Judge: Badding, Filed On: July 26, 2023, Case #: 21-1718, Categories: Evidence, Intent, Murder