179 results for 'filedAt:"2023-08-11"'.
J. Newey finds a lower court properly dismissed a resident's request for housing accommodations. The resident, a native of Somalia, argued that she is entitled to a "suitable" place to live under the Housing Act after being forced to leave a room provided to her by the asylum support services. However, the local borough presented sufficient evidence in court that it provided her with adequate accommodations in a hostel with access to a shared bathroom and kitchen. Affirmed.
Court: Her Majesty's Court of Appeal, Judge: Newey, Filed On: August 11, 2023, Case #: CA-2022-408, Categories: Immigration, Housing
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J. Jackson finds for three environmental groups seeking to compel Fish and Wildlife Services to designate critical habitat for the endangered rusty patched bumble bee. The groups have sufficiently shown an injury-in-fact, and that the service's designation may create a risk of injury to the bee and they have an interest in seeing the bee, while the service failed to explain a reasoned basis for failing to designate a critical habitat for the bee.
Court: USDC District of Columbia, Judge: Jackson, Filed On: August 11, 2023, Case #: 1:21cv770, NOS: Environmental Matters - Other Suits, Categories: Administrative Law, Environment
J. Wall finds a lower court improperly vacated a defendant's conviction for aggravated- kidnapping. The defendant, who was sentenced to 45 years in prison, argued that he is entitled to relief. However, the State presented evidence in court that the defendant confined his victim in order to facilitate another crime. Reversed.
Court: Kansas Supreme Court, Judge: Wall, Filed On: August 11, 2023, Case #: 123,742, Categories: Sentencing, Kidnapping
J. Brailsford grants the county's motion for summary judgment regarding an individual's allegations of violation of his Eighth Amendment rights. The individual alleges that he was sexually assaulted while he was an inmate in the county jail, by other inmates who had been reported for a prevous sexual assault. The individual alleges that the county, sheriff's office, and employees with supervisory authority failed to take action after the inmates were reported. The individual has not shown that officers were indifferent to the report, as they allege they investigated and found the report to be unsubstantiated. The individual has not shown that the county defendants acted with "malice or intent."
Court: USDC Idaho, Judge: Brailsford, Filed On: August 11, 2023, Case #: 4:21cv432, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights
J. Seeger grants a group of egg suppliers’ motion to bifurcate their upcoming antitrust suit into a liability phase and a damages phase. A number of food companies sued the egg producers years ago, alleging the producers had conspired to artificially restrict the supply of eggs in the U.S., jacking up prices for eggs and egg products. The case has bounced around multiple districts up to this point, with prior court findings supporting the notion that a jury in this trial would find for the egg producers. As such, this court finds bifurcating liability and damages would promote judicial economy.
Court: USDC Northern District of Illinois, Judge: Seeger, Filed On: August 11, 2023, Case #: 1:11cv8808, NOS: Antitrust - Other Suits, Categories: Agriculture, Antitrust, Civil Procedure
J. Mihm grants an employee's motion to pursue representation capacity under ERISA for class claims of violations of an employee stock ownership plan. The class leader, who argued that the employer breached fiduciary duty by overpaying for stock, sufficiently showed in court that her motion is practical.
Court: USDC Central District of Illinois, Judge: Mihm, Filed On: August 11, 2023, Case #: 1:20cv1177, NOS: Employee Retirement Income Security Act (ERISA) - Labor, Categories: Employment, Erisa, Class Action
[Consolidated.] J. Cates-Harman grants summary judgment to the Army Corp of Engineers in this appeal for permitting requirement compensation on its contract to design and build a 600-member Army Reserve Center near Waldorf, Charles County, Maryland. The plain language of the contract clearly states that the contractor was responsible for permits. The contractor cannot shift unexpected costs to the government under a constructive change theory as it cannot show that additional work was ordered. Rescinded unilateral modifications were mistakenly issued, with the government overpaying $418,406. The Army Corps of Engineers is entitled to recoup this.
Court: Armed Services Board Of Contract Appeals, Judge: Cates-Harman, Filed On: August 11, 2023, Case #: 62972, Categories: Government, Military, Contract
J. Dorsey enters final judgment on claims of negligent misrepresentation in favor of a merchant services provider who retained a payment processing firm that failed to transition to the latest chip authenticator technology as promised. The court bases its decision on the testimony of five witnesses and “voluminous exhibits” proving that the payment processor negligently misrepresented that it would have a software solution by a compliance deadline. Judgment is entered in favor of the payment processor on all other claims, and the merchant services provider is awarded $1 because the processor's action arose from bad business practices rather than an intent to injure or out of conscious disregard.
Court: USDC Nevada, Judge: Dorsey, Filed On: August 11, 2023, Case #: 2:18cv394, NOS: Other Contract - Contract, Categories: Fraud, Business Practices, Technology
J. Edwards finds the homeowners’ association has failed to refute the trial court’s denial of its petition for review of an administrative law judge’s decision against it in their dispute with homeowners over permitting for a stormwater management system. The administrative law judge’s decision recommending to the stormwater management district that the disputed permit should not be granted was based on substantial evidence in part regarding the system’s compliance with codes, adheres to essential requirements of law and allows the district to make a final determination on the permit. The matter is remanded to the district to enter a final decision, which can then be appealed if the losing side desires.
Court: Florida Courts Of Appeal, Judge: Edwards, Filed On: August 11, 2023, Case #: 22-2426, Categories: Administrative Law, Water, Agency
J. Moody rules in part for police defendants in civil rights and wrongful death claims. The decedent was an innocent bystander to a high speed police chase that resulted in his death, but evidence does not indicate officers acted in an unreasonable manner. Meanwhile, remaining state law claims should be heard in that venue.
Court: USDC Northern District of Indiana, Judge: Moody, Filed On: August 11, 2023, Case #: 2:21cv318, NOS: Other Civil Rights - Civil Rights, Categories: Civil Procedure, Civil Rights, Wrongful Death
J. Conley finds partially in favor of the Wisconsin artificial insemination company on its five counterclaims in the patent infringement lawsuit it faces from the Texas-based distributor of frozen bovine semen used in cattle breeding, the fourth such lawsuit since 2014. The record weighs in favor of the distributor on the company's two counterclaims under the Sherman Act alleging the distributor engaged in sham litigation in its previous patent lawsuits, as well as a counterclaim under Wisconsin's unfair competition law, and the two Sherman Act counterclaims are dismissed with prejudice and the state-law claim is dismissed without prejudice. The company's two counterclaims under federal antitrust law claiming the distributor's patents were fraudulently obtained and asserted in bad faith survive the distributor's motion to dismiss, as they are supported well enough by plausible allegations.
Court: USDC Western District of Wisconsin, Judge: Conley, Filed On: August 11, 2023, Case #: 3:20cv349, NOS: Patent - Property Rights, Categories: Civil Procedure, Patent
J. Harper finds, based on the Connecticut Supreme Court's ruling in Carpenter v. Daar, the trial court erroneously granted the medical providers' motion to dismiss a medical malpractice claim based on an allegedly insufficient opinion from a similar health care provider. The opinion requirement is not jurisdictional and, therefore, the estate should have been given the opportunity to amend its filings, regardless of the expiration of the statute of limitations. Reversed.
Court: Connecticut Court Of Appeals, Judge: Harper, Filed On: August 11, 2023, Case #: AC44757, Categories: Civil Procedure, Experts, Medical Malpractice
J. Deavers denies, in part, the landfill owner's motion to compel discovery, ruling that Goodyear's claim it has no documents about previous cleanup cost recovery from insurers prevents an order from the court, which cannot force the company to produce documents it claims do not exist. However, because the settlement documents between Goodyear and previous landfill owners will provide relevant information about fair and reasonable contributions to cleanup costs, the owner's motion to compel those documents is granted and Goodyear must provide any available information about settlements with other parties responsible for potential contamination.
Court: USDC Southern District of Ohio, Judge: Deavers, Filed On: August 11, 2023, Case #: 2:20cv6347, NOS: Environmental Matters - Other Suits, Categories: Environment, Discovery
J. Currault denies a request for a stay of all discovery submitted by the foreign owners of a tanker under investigation by the U.S. Coast Guard for environmental crimes. A stay of discovery is not appropriate in the case, and accordingly, discovery will proceed expeditiously. The government has established “peculiar” circumstances justifying holding the depositions outside of the home countries of the ship owner and the shipping company.
Court: USDC Eastern District of Louisiana , Judge: Currault, Filed On: August 11, 2023, Case #: 2:23cv2305, NOS: Other Contract - Contract, Categories: Environment, Maritime, Discovery
J. Gonzalez grants a motion for reconsideration and subsequently enters judgment in favor of a real estate owner on its quiet title action. The note holder argued the loan was not properly accelerated because its loan servicer was not authorized to file the foreclosure action in 2007. However, due to the 2020 New York Foreclosure Abuse Prevention Act, which subsequently changed the controlling law, a foreclosure action is deemed official unless expressly dismissed by the court. To that end, the court finds the mortgage loan was accelerated in 2007, and that the defendants failed to foreclose on the property before the six-year statute of limitations expired, thus entitling the litigant to an order canceling and discharging the mortgage.
Court: USDC Eastern District of New York, Judge: Gonzalez, Filed On: August 11, 2023, Case #: 1:20cv3553, NOS: All Other Real Property - Real Property, Categories: Property, Real Estate, Banking / Lending
J. Walker finds that the district court properly denied defendant ineffective assistance relief seeking to vacate his guilty plea because denaturalization was not a direct consequence of conviction for conspiring to launder money to aid mujahideen in Afghanistan while applying for citizenship, and thus counsel was not required to warn of that risk. Affirmed.
Court: 2nd Circuit, Judge: Walker, Filed On: August 11, 2023, Case #: 20-1666, Categories: Immigration, Ineffective Assistance
J. Morgan grants a request by Scandinavian Airlines, dismissing for lack of jurisdiction a personal injury suit by a Louisiana resident who allegedly fell to the ground and broke her leg when disembarking the airline’s aircraft in Oslo, Norway. The passenger argues her claim arises from the airline’s sale of a plane ticket to her in her home state of Louisiana, which should be the forum state for her suit. The court disagrees: Her suit arises from the alleged negligent conduct, which occurred in Oslo.
Court: USDC Eastern District of Louisiana , Judge: Morgan, Filed On: August 11, 2023, Case #: 2:21cv1591, NOS: Airplane - Torts - Personal Injury, Categories: Transportation, Tort, Jurisdiction
J. Brennan finds that the lower court properly dismissed the debtor's action in a Fair Debt Collection Practices Act suit against a law firm alleging it made contradictory statements about the recover of fees. Neither the debtor's confusion, leading him to hire a lawyer, nor his lost sleep is insufficient to establish a concrete harm in order to establish standing. Affirmed.
Court: 7th Circuit, Judge: Brennan, Filed On: August 11, 2023, Case #: 21-2288, Categories: Civil Procedure, Debt Collection