134 results for 'filedAt:"2023-09-01"'.
J. Cummings grants the plaintiff nutrition supplement company's motion for a partial stay of discovery in its Lanham Act case against a defendant nutrition supplement company, pending the resolution of its motion to dismiss the defendant company's procedural counterclaims. The court grants a stay on numerous interrogatories, the deposition of Jennifer Aniston, the celebrity who serves as the plaintiff company's "chief creative officer," and the deposition of Kurt Seidensticker, the plaintiff company's founder and CEO.
Court: USDC Northern District of Illinois, Judge: Cummings, Filed On: September 1, 2023, Case #: 1:22cv2265, NOS: Other Statutory Actions - Other Suits, Categories: Fraud, Trademark, Discovery
J. Gleason grants a joint motion to approve and enter a stipulation "to enforce the statutory guarantee of language assistance for limited-English proficient (LEP) Alaska Native, United States (U.S.) voting-age (18 years of age and older) citizens under Section 203 of the Voting Rights Act" after voters alleged that the government failed to provide language assistance to LEP Alaska Native voting-age citizens.
Court: USDC Alaska, Judge: Gleason, Filed On: September 1, 2023, Case #: 3:13cv137, NOS: Voting - Civil Rights, Categories: Elections
J. Winmill denies an insurance company's motion to dismiss an insured's claim for declaratory relief after the sudden malfunction of the insured's equipment during a project to rehabilitate an existing sewer line. The insurance company denied the insured's claim under the builder’s risk inland marine insurance policy, claiming that the damage caused by the equipment malfunction was not covered. The insurance company's "covered property argument relies on a factual dispute not properly resolved on a motion to dismiss."
Court: USDC Idaho, Judge: Winmill, Filed On: September 1, 2023, Case #: 1:22cv336, NOS: Insurance - Contract, Categories: Insurance
J. Winmill grants a former employee's motion to dismiss claims brought by her former employer in an employment dispute over how much compensation she was entitled to receive after her termination. The employer's suit is dismissed in order to avoid duplicative litigation, as the employer filed suit two days after receiving the employee's notice of intent to file suit. Although the employer filed suit first, "it did so in anticipation of [the employee's] own impending action in Colorado and for the express purpose of choosing its preferred forum."
Court: USDC Idaho, Judge: Winmill, Filed On: September 1, 2023, Case #: 1:23cv177, NOS: Employment - Civil Rights, Categories: Employment
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J. Neeley finds the trial court properly convicted defendant for sexual assault of his 16-year-old niece. Though defendant’s mother told police that her son confessed and “repented,” but that she doesn’t think he is guilty, and the victim’s mother testified that she doesn’t believe her daughter’s allegations in spite of the confession, a forensic interviewer testified that the victim is believable. Because defendant testified that the victim lied, his credibility was at issue, and his immigration status was relevant as a possible motive for lying. The state presented strong evidence of guilt, including the victim’s and her mother’s testimony that defendant apologized for the assault. Defendant also fails to demonstrate a reasonable probability that, but for counsel’s errors, the result would have been different. Affirmed.
Court: Texas Courts of Appeals, Judge: Neeley, Filed On: September 1, 2023, Case #: 12-22-00148-CR, Categories: Evidence, Sex Offender, Child Victims
J. Silva affirms the Bankruptcy Court's finding that the business owner owed the investment company a non-dischargeable debt as being a product of the fraudulent concealment of information on loans. Investors testified that they would not have made investments had they been apprised of the "loose way" in which the owner was operating his business. The owner says that such evidence is not “loan specific” without citing any case law and the Bankruptcy Court’s findings are “plausible in light of the record viewed in its entirety” by application of the clear error standard.
Court: USDC Nevada, Judge: Silva , Filed On: September 1, 2023, Case #: 2:19cv649, NOS: Bankruptcy Appeal 28 USC 158 - Bankruptcy, Categories: Bankruptcy, Business Practices, Banking / Lending
J. Neeley finds the trial court properly convicted defendant for aggravated assault with a deadly weapon. After an initial mistrial, the state reindicted defendant, clarifying the wording of the manner and means of committing the offense, and he pled not guilty after his motion to dismiss on limitations grounds was denied. Both the victim and defendant’s ex-girlfriend testified that he displayed a firearm, shooting in the direction of the victim. The first shot was near the location where a spent shotgun shell casing was later found. Other spent shell casings were found in a van along with defendant’s phone. From this evidence, a jury could have found beyond a reasonable doubt that defendant knowingly threatened the victim with imminent bodily injury while using or exhibiting a firearm. Affirmed.
Court: Texas Courts of Appeals, Judge: Neeley, Filed On: September 1, 2023, Case #: 12-22-00304-CR, Categories: Evidence, Firearms, Assault
J. LeGrow finds that an employer or its workers' compensation insurance carrier may place a lien on benefits procured by an employee through other sources. In overturning the decision in "Simendinger v. National Union Fire Insurance," the decision holds that the workers' compensation act expressly allows subrogation liens against benefits paid under the employer's uninsured motorist policy.
Court: Delaware Supreme Court, Judge: LeGrow, Filed On: September 1, 2023, Case #: 172, 2022, Categories: Insurance
J. Pryor finds that the district court properly ruled in favor of the school system and school officials in a civil rights and wrongful death action brought by the family members arising from the nine-year-old daughter's death by suicide due to racist bullying. The family failed to show that the officials or school system were deliberately indifferent to the bullying and race-based harassment the daughter faced. The daughter's teacher disciplined the bully for calling the daughter the n-word and the assistant principal put a safety plan in place. Affirmed.
Court: 11th Circuit, Judge: Pryor, Filed On: September 1, 2023, Case #: 22-11317, Categories: Civil Rights, Wrongful Death
J. Chasanow grants an environmental remediation firm its motion for extension of time to serve process on two women who run a community social justice organization because, as the firm argues, it has good cause. The firm has attempted to serve a summons and a complaint claiming breach of contract on the women for the past five months to no avail, suggesting evasion. The firm has established good cause.
Court: USDC Maryland, Judge: Chasanow, Filed On: September 1, 2023, Case #: 8:23cv1134, NOS: Other Contract - Contract, Categories: Civil Procedure, Contract
J. Hanson finds that the lower court improperly awarded permanent custody of the child to the paternal grandfather and his spouse. The mother correctly argues that the evidence does not support the finding that the child remained dependent at the time of the hearing, as she was "able to care for the child." The record does not clearly show that the child was dependent, as the mother testified that she was employed and that she "provides for the child's needs." Reversed.
Court: Alabama Court of Civil Appeals, Judge: Hanson, Filed On: September 1, 2023, Case #: CL-2022-0764, Categories: Evidence, Family Law
J. Morgan finds the trial court properly denied defendants' motion to introduce evidence that would have implicated alternative suspects for the robberies and murders. The evidence was not exculpatory for either defendant and was, therefore, inadmissible under North Carolina law. Affirmed.
Court: North Carolina Supreme Court, Judge: Morgan, Filed On: September 1, 2023, Case #: 334A21, Categories: Evidence, Murder, Robbery
J. Smith finds the sentencing court improperly sentenced defendant to 15 years in prison for leaving the scene of a crash involving death without rendering aid when he crossed a double yellow line while passing another vehicle and struck a seven-year-old child, who later died. The sentencing judge referenced uncharged conduct related to a shooting on the morning of the crash and the state failed to prove that the trial court did not rely upon that. Reversed and remanded.
Court: Florida Courts Of Appeal, Judge: Smith, Filed On: September 1, 2023, Case #: 2D22-1458, Categories: Sentencing, Vehicle, Child Victims
J. Greer grants the Pride festival plaintiffs' motion for a temporary restraining order in this lawsuit alleging violations of their rights under Section 1983, in connection with the potential enforcement of the Adult Entertainment Act. The plaintiffs, which include the festival organizer and a drag performer, have established standing and a likelihood of success on the merits.
Court: USDC Eastern District of Tennessee , Judge: Greer, Filed On: September 1, 2023, Case #: 3:23cv316, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Lgbtq
J. Rodriguez finds a lower court erred in denying a truck company's motion to stay proceedings and compel arbitration in a lawsuit stemming from a fatal workplace accident. While the worker's widow argues the company is liable for the death because it allegedly failed to train the worker on safe ladder use, there was nonetheless a valid arbitration agreement covering claims that the widow is now making. Reversed.
Court: Texas Courts of Appeals, Judge: Rodriguez, Filed On: September 1, 2023, Case #: 08-22-00226-CV, Categories: Arbitration, Employment, Wrongful Death
J. Earls finds the court of appeals erroneously determined the evidence was insufficient to give the jury an aggressor doctrine instruction at defendant's trial for the murder of her boyfriend. It improperly considered the evidence in a light most favorable to defendant when it was required to consider it in favor of the state. Not only did evidence in the record contradict defendant's claim of self-defense, including that the victim was shot in the back and defendant sustained no injuries, but her own statements contained various inconsistencies that precluded an aggressor doctrine instruction, as properly determined by the trial court. Reversed.
Court: North Carolina Supreme Court, Judge: Earls, Filed On: September 1, 2023, Case #: 136PA22, Categories: Murder, Self Defense, Jury Instructions
J. Lasnik grants summary judgment to the park owner against the alpine club's seventh counterclaim in a property dispute over a preserve owned by the park owner. The general maintenance that the alpine club performed on the preserve does not mean that it had a valid easement, as the alpine club was already under contract to maintain the preserve's buildings, trails, roads and other aspects at the alpine club's expense.
Court: USDC Western District of Washington, Judge: Lasnik, Filed On: September 1, 2023, Case #: 2:19cv1819, NOS: Trademark - Property Rights, Categories: Property, Contract
J. Wilson finds the trial court properly convicted defendant for conspiracy to possess a controlled substance with the intent to distribute. Working as an enforcer for a sociopathic drug dealer, defendant was ejected from the drug enterprise (a former hotel) after raping an overdosing woman, caught on camera making the sign of the cross afterward. The sociopathic dealer was later arrested, and that footage was used in the case against the principles of the hotel. Defendant's conviction hinges on his knowledge of the scope of events. "Overwhelming" evidence showed that he “knew or should have known [what] was involved in the conspiracy...” He ran his own "trap room" selling cocaine base, also serving as security for the hotel and as an enforcer and bagger for the dealer. He would have been privy to each of the rooms and known what was being sold. He bagged cocaine and facilitated its distribution, and based on his involvement in the broader enterprise, his own drug dealing, and his work for others, it is certain that he knew the conspiracy involved at least 280 grams of cocaine base. Affirmed.
Court: 5th Circuit, Judge: Wilson , Filed On: September 1, 2023, Case #: 22-10460, Categories: Drug Offender, Conspiracy
J. Griggsby grants in part a police officer's motion to dismiss allegations of constitutional violations brought by a documentarian when the officer arrested him after instructing him to leave the private property of a chicken farm. The documentarian, who was filming the farm in an area he believed to be public property, said, "Let's go and arrest me" after the officer ordered him to leave. A "no trespassing" sign was posted near where he was filming, and because of previous protests against the farm, the officer was familiar with the private property designations. The documentarian refused to give his identification or to leave the property and so was arrested. The officer did not engage in any egregious behavior.
Court: USDC Maryland, Judge: Griggsby, Filed On: September 1, 2023, Case #: 1:22cv815, NOS: Other Civil Rights - Civil Rights, Categories: Constitution, Property
J. Mayle finds the comments of two members of the Real Estate Commission following private deliberation provided sufficient analysis to support its finding the real estate agent violated certain Ohio real estate laws when she listed a property for sale without consent of the other owner of the property. Meanwhile, the commission's determination the agent was not the owner of the property was not incompatible with the relevant statute. Although her mortgage on the land made her an owner, the original seller of the property still maintained an ownership interest. Affirmed.
Court: Ohio Court Of Appeals, Judge: Mayle, Filed On: September 1, 2023, Case #: 2023-Ohio-3138, Categories: Licensing, Real Estate
J. Pena finds that the trial court properly dismissed a water district’s attempt to validate the draft of a deal it made with the federal government over the ongoing delivery of water from a federal reclamation project and repayments. The trial court could not validate the draft agreement because it was materially incomplete, lacking sufficient detail about the water district's repayment obligations. Affirmed.
Court: California Courts Of Appeal, Judge: Pena, Filed On: September 1, 2023, Case #: F083632, Categories: Water
J. Kelety finds that the trial court improperly found that defendant represented a substantial threat to others due to mental illness and recommitted her as a mentally disordered offender. In 1999, prompted by paranoid ideation, she tried to kill her landlord and then imprisoned him, which led to a 17-year sentence that she completed. The record contains no substantial evidence that she has any history of dangerous behavior since the commitment offense, and recommitment cannot be based on conclusory speculation that a violent past poses a risk of future violence.
Reversed.
Court: California Courts Of Appeal, Judge: Kelety, Filed On: September 1, 2023, Case #: D081246, Categories: Competence, Murder