129 results for 'filedAt:"2023-08-01"'.
J. Docherty partially grants the voting machine company's motion to compel and denies the pillow magnate and his company's motion to compel in a defamation suit brought by the voting machine company alleging that the magnate made a number of false public statements about the company's conduct in the 2020 election. The pillowmakers shall disclose electronic copies of all the programs in which the allegedly defamatory statements are alleged to have been distributed, along with information as to when and how the programs were released and republished. They need not create a log of communications between the pillowmakers and Donald Trump or a number of affiliated organizations, but any preexisting logs must be disclosed. The identities of any pillow-company employees involved in "creating and developing," but not using, promotional codes the magnate offered to the public alongside his statements, must be disclosed, along with revenue amounts from the promotional codes and deals identified by the voting machine company. They shall also explain the magnate's role as his company's CEO and chairman of its board, and shall supplement disclosures to clarify whether they are withholding documents based on an objection. Finally, they are not obligated to produce documents from a parallel lawsuit by a different voting-machine maker that relate only to that competitor, and the voting-machine company need not produce its election technology for the pillowmakers' inspection.
Court: USDC Minnesota, Judge: Docherty, Filed On: August 1, 2023, Case #: 0:22cv98, NOS: Assault, Libel, & Slander - Torts - Personal Injury, Categories: Elections, Defamation, Discovery
J. Bourliot finds that the trial court properly denied the individual's motion to dismiss a former employee's counterclaims based on the Texas Citizens Participation Act. The TCPA did not apply since the individual's alleged racially discriminatory statements do not relate to a "matter of public concern." Affirmed.
Court: Texas Courts of Appeals, Judge: Bourliot, Filed On: August 1, 2023, Case #: 14-20-00745-CV, Categories: Anti-slapp
J. Bourliot finds that the trial court improperly granted no-evidence summary judgment in favor of the mother in a suit to modify the parent-child relationship. The father gave evidence indicating a "material and substantial change in circumstances" for the child since the 2018 mediated settlement agreement. Reversed.
Court: Texas Courts of Appeals, Judge: Bourliot, Filed On: August 1, 2023, Case #: 14-21-00593-CV, Categories: Evidence, Family Law, Settlements
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J. Bourliot finds that the trial court properly denied the language services provider's motion to compel arbitration of a dispute with its former employee over a competing business venture. The arbitration agreement is "illusory" and unenforceable since it is not mutually binding on the parties. Affirmed.
Court: Texas Courts of Appeals, Judge: Bourliot, Filed On: August 1, 2023, Case #: 14-22-00021-CV, Categories: Arbitration, Contract
J. Beales finds the lower court properly convicted a former police officer of assault and battery. The former officer leg-swiped a man that he had in custody, sending the man face-first onto a hospital floor. The man sustained multiple injuries from the fall, including a broken kneecap, and witness testimony suggests that the former officer’s actions were unprovoked and excessive. The instant court finds no error in the lower court’s decision and finds evidence is sufficient to support defendant’s convictions. Affirmed.
Court: Virginia Court Of Appeals, Judge: Beales, Filed On: August 1, 2023, Case #: 0485-22-4, Categories: Evidence, Assault
J. Humphreys finds the instant court lacks jurisdiction in this matter concerning an order for a former spouse to pay retroactive and ongoing spousal and child support and arrearage. Due to statutory amendments, the instant court is not authorized to hear interlocutory appeals in orders involving divorce, custody, support or any other domestic relations matter.
Court: Virginia Court Of Appeals, Judge: Humphreys, Filed On: August 1, 2023, Case #: 0727-22-4, Categories: Family Law, Jurisdiction
J. Jewell finds that defendant was properly convicted of criminally negligent homicide stemming from a fatal wrong-way auto accident. After the crash, defendant tested positive for Xanax and THC. There was sufficient evidence to support the finding that defendant was criminally negligent, and this included the fact he lost control of his vehicle, never applied his brakes, and had used drugs before the incident that "affected his ability to drive safely." Affirmed.
Court: Texas Courts of Appeals, Judge: Jewell, Filed On: August 1, 2023, Case #: 14-22-00508-CR, Categories: Evidence, Dui, Negligent Homicide
J. Riedmann finds the trial court properly convicted defendant for attempted sex trafficking and sexual assault. The 14-year-old girl disclosed that she was trafficked by defendant after she and another female minor were found to be runaways during a welfare check at defendant’s apartment. She recalled several incidents where she was threatened to allow multiple men to have sex with her over the course of hours in exchange for meth. Defendant’s ineffective assistance of counsel arguments fail as a matter of law because they were insufficiently pleaded and refuted by the record. All relevant factors were properly considered and there was no abuse of discretion in the sentences. Affirmed.
Court: Nebraska Court Of Appeals, Judge: Riedmann, Filed On: August 1, 2023, Case #: A-23-063, Categories: Sentencing, Sex Offender, Child Victims
J. Albright denies a company’s motion to stay a case after it was sued by a competitor for alleged infringement of several patents because while the U.S. Patent Trial and Appeal Board is currently conducting reviews regarding these patents, staying the case would nonetheless unfairly prejudice the competitor, including because there could be a “loss of testimonial and documentary evidence” necessary for the competitor’s case as “witnesses become unavailable and memories fade.”
Court: USDC Western District of Texas , Judge: Albright, Filed On: August 1, 2023, Case #: 6:21cv844, NOS: Patent - Property Rights, Categories: Civil Procedure, Government, Patent
J. Skretny rules partially in favor of the company, which allegedly fired the transgender employee after she urinated in a rail yard even though non-transgender employees were not similarly disciplined. The employee has not shown that her gender dysphoria qualifies as a disability because she has not shown that emotional distress limits her functioning, but the proximity of a restroom on the day when the employee urinated outside is a question of fact.
Court: USDC Western District of New York, Judge: Skretny , Filed On: August 1, 2023, Case #: 1:20cv184, NOS: Employment - Civil Rights, Categories: Employment
J. Gustafson finds that the trial court properly applied the rape shield law when it barred the cross-examination of defendant's daughter, who was four years old when defendant sold her to a sex offender. Evidence that defendant had tried to marry another daughter off to the offender was admissible as probative evidence of financial motive. A detective's testimony about the daughter's truthfulness was error but it was not prejudicial since defendant also said her daughter was credible. Affirmed.
Court: Montana Supreme Court, Judge: Gustafson, Filed On: August 1, 2023, Case #: DA 21-0030, Categories: Confrontation, Child Victims, Human Trafficking
J. Vaidik finds that trial court properly ruled in an involuntary commitment case. The evidence showed that the individual suffered from mental health issues and could not meet her own basic needs, and that the commitment was warranted. Affirmed.
Court: Indiana Court Of Appeals, Judge: Vaidik, Filed On: August 1, 2023, Case #: 23A-MH-114, Categories: Commitment
J. VanDyke finds that the district court properly entered summary judgment upholding an Administrative Review Board order awarding backpay plus pre- and post-judgment interest to sports reporter and producer, Majid Varess, who was employed by Persian Broadcast Service Global. Back pay is owed to Varess and the complaint is not time-barred. Affirmed.
Court: 9th Circuit, Judge: VanDyke, Filed On: August 1, 2023, Case #: 22-55254, Categories: Employment
J. Toth finds that the Court of Appeals for Veterans Claims may not review the regional office’s denial of the granddaughter of the deceased spouse of the deceased veteran’s request to be substituted for the claimant in this appeal. According to existing case law regarding substitution of claimants, the court’s jurisdiction is confined to review of final Board of Veterans Appeals decisions. The Court of Appeals for Veterans Claims has “no authority to review regional office adjudicative determinations” directly. Vacated and dismissed.
Court: Court Of Appeals For Veterans Claims, Judge: Toth, Filed On: August 1, 2023, Case #: 21-8176, Categories: Government, Veterans, Military
J. Pennell finds that the lower court improperly tossed claims from an individual who sued an operator of a residential reentry center after he was released from prison. The suit stems from the operator allegedly misrepresenting his anticipated job duties when the individual was requesting approval for a job and took his phone in such a way that caused him to lose his job and return to a detention facility. The lower court tossed his suit on the basis that detention decisions rest in the hands of the Federal Bureau of Prisons, and while that is true, it does not shield the operator from liability if they engaged in unlawful conduct that resulted in the individual being returned to detention. Reversed and remanded.
Court: Washington Court Of Appeals, Judge: Pennell, Filed On: August 1, 2023, Case #: 39201-5-III, Categories: Civil Procedure
J. Eagan grants the education defendants' dismissal motion in this lawsuit alleging that an accreditation requirement violates the free speech and free exercise rights of religious colleges and universities. The plaintiff company, which allegedly operates an online university, seeks declaratory and injunctive relief. However, the state accreditation requirement "has nothing to do with governmental restriction of content or subject matter being taught." Additionally, it does not suggest that the state "is favoring secular institutions or acting with hostility to religious institutions."
Court: USDC Northern District of Oklahoma , Judge: Eagan, Filed On: August 1, 2023, Case #: 4:22cv477, NOS: Constitutionality of State Statutes - Other Suits, Categories: Constitution, Education
J. Winchester, under previously assumed jurisdiction, approves the turnpike authority’s application to approve revenue bonds to finance the construction of three turnpike projects, update and repair turnpike facilities and infrastructure, refund prior revenue bonds and notes, and pay other costs. Protestants say that the authority was statutorily allowed one bond issue for the entire construction of four turnpikes. Since the authority did not previously construct the entire loop from the first bond issue, the protestants contend that it is barred from issuing any more bonds. The relevant title provides that if the court is satisfied that the bonds have been properly authorized in accordance with the Oklahoma Highway Code, it shall approve the revenue bonds. This is in keeping with 30 years of precedent. The authority has properly exercised its authority to determine the routes and has legislative authority to issue additional bonds. Affirmed.
Court: Oklahoma Supreme Court, Judge: Winchester, Filed On: August 1, 2023, Case #: 120619, Categories: Administrative Law, Construction, Municipal Law