310 results for 'filedAt:"2023-09-29"'.
J. Greenbaum sustains a metal alloy company's opposition to a competitor's application to register the mark, HME, which the opposer argues falsely suggests the two companies are affiliated. Opposer, which uses the mark, KME, shows there is a likelihood of confusion.
Court: Trademark Trial and Appeal Board, Judge: Greenbaum, Filed On: September 29, 2023, Case #: 91267675, Categories: Trademark
J. Rayes grants a university's motion for summary judgment on a former adjunct faculty member's contract claims. The university sufficiently showed in court that it was not obligated to renew the faculty member's contract, and that the decision was based on low enrollment, and for inadequate performance.
Court: USDC Arizona, Judge: Rayes, Filed On: September 29, 2023, Case #: 3:21cv8020, NOS: Other Contract - Contract, Categories: Education, Employment, Contract
J. Rash grants the U.S. State Forest Service's cross motion for summary judgment on a watersheds project group's National Environmental Policy Act violations concerning a livestock grazing project in national forests. The U.S. Forest Service sufficiently showed in court that the reauthorization of a livestock grazing effort was based on statistics and input from the public.
Court: USDC Arizona, Judge: Rash, Filed On: September 29, 2023, Case #: 4:21cv20, NOS: Other Statutory Actions - Other Suits, Categories: Environment, Government
J. Blackwell partially grants the city and police officers’ motion for summary judgment in a wrongful death suit brought by the family of a man shot and killed by police in a highly publicized incident. A Fourth Amendment excessive force claim related to less-lethal munitions is dismissed as to the officers who used lethal munitions, and a substantive due process claim is dismissed because it is subsumed in Fourth Amendment claims. The motion is otherwise denied.
Court: USDC Minnesota, Judge: Blackwell, Filed On: September 29, 2023, Case #: 0:20cv1508, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Wrongful Death, Police Misconduct
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J. Blackwell grants summary judgment to the property owners in their suit against the city arguing that the placement of bollards in front of the owners' driveway was an unlawful taking. The owners have a protected property interest in their access to the city's road, and the bollards' only function is to interfere with that access. Any money damages award would hinge on fact issues better evaluated by a jury, but injunctive relief is granted to the property owners and the city is ordered to remove the bollards.
Court: USDC Minnesota, Judge: Blackwell, Filed On: September 29, 2023, Case #: 0:21cv1446, NOS: Land Condemnation - Real Property, Categories: Municipal Law, Property
J. Contreras denies, in part, the General Services Administration's motion for summary judgment on an employee's disability discrimination action. His failure to accommodate claim will move forward, as there are questions of fact whether he needed a job coach throughout the day, as requested.
Court: USDC District of Columbia, Judge: Contreras, Filed On: September 29, 2023, Case #: 1:19cv2462, NOS: Employment - Civil Rights, Categories: Employment, Employment Discrimination
J. Steele grants an employer's motion to dismiss for failure to state a claim. The Boston Red Sox terminated the employment of an employee after she filed for an exemption to the company’s Covid-19 vaccination policy. The employer claims that on a prior survey the employee indicated she was vaccinated. The employee claims the employer manipulated the electronic survey and refused to correct it as she requested, invaded her privacy, and disclosed her vaccination status to a third party. The employee fails to adequately support her claims therefore they are dismissed without prejudice.
Court: USDC Middle District of Florida, Judge: Steele, Filed On: September 29, 2023, Case #: 2:23cv68, NOS: Employment - Civil Rights, Categories: Employment, Fraud, Covid-19
J. Beatty rules a group of expert witnesses may partly submit opinions in court concerning a patient who suffered a miscarriage of a fetus with abnormal chromosomes, which could have been discovered in genetic screening of the father, who has four- way translocation. The group of expert witnesses may submit opinions of standard of care, but not theories of independent conception.
Court: USDC Southern District of Illinois, Judge: Beatty , Filed On: September 29, 2023, Case #: 3:20cv10, NOS: Personal Injury - Health Care/Pharmaceutical Personal Injury/Product Liability - Torts - Personal Injury, Categories: Health Care, Experts, Medical Malpractice
J. Lynn finds for the city of Dallas on failure to train and supervise claims filed against it by the family of the man who was shot and killed in his home by Amber Guyger, a police officer at the time who claims to have believed he was an intruder when she mistakenly entered his apartment instead of her own. The family fails to show she was not sufficiently trained, and there is no evidence the city knew about the officer's prior shooting of another person.
Court: USDC Northern District of Texas , Judge: Lynn, Filed On: September 29, 2023, Case #: 3:18cv2862, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Police Misconduct
J. Staton affirms the bankruptcy court's order dismissing a father's appeal regarding "a promissory note secured by a junior deed of trust on real property...that was part of Debtor’s bankruptcy estate." The senior lienholder foreclosed on the property for lack of payment, which extinguished the junior lien. The foreclosure sale was valid, and the father knew the property was part of a Chapter 7 bankruptcy estate when he purchased it. The bankruptcy court did not err in concluding that the father failed to state a claim for wrongful foreclosure.
Court: USDC Central District of California, Judge: Staton, Filed On: September 29, 2023, Case #: 2:22cv6447, NOS: Bankruptcy Appeal 28 USC 158 - Bankruptcy, Categories: Bankruptcy
J. Jenkins partially grants Chicago and its police officers’ motions to dismiss Chicago residents’ civil rights claims, brought over the city’s use of the controversial ShotSpotter gunshot alarm system. The residents claim the use of ShotSpotter has led to hundreds of wrongful arrests, not to mention police killings. The court dismisses these civil rights claims against the now-resigned police superintendent David Brown, and also tosses an intentional infliction of emotional distress claim and a malicious prosecution claim against the individual cops implicated in the suit. The rest of the suit against the city and its police stands.
Court: USDC Northern District of Illinois, Judge: Jenkins, Filed On: September 29, 2023, Case #: 1:22cv3773, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Emotional Distress, Police Misconduct
J. Drozd refuses to dismiss Endangered Species Act claims filed by an irrigation company against the California Department of Fish and Wildlife, which the company says refuses to maintain its fish ladders and screens at a diversion dam, causing harm to salmon and steelhead, in retaliation for the company’s failure to sign-off on a proposed agreement. It has stated plausible claims for violations of due process and the Endangered Species Act.
Court: USDC Eastern District of California, Judge: Drozd, Filed On: September 29, 2023, Case #: 2:21cv1961, NOS: Other Civil Rights - Civil Rights, Categories: Environment, Water, Due Process
J. Nunley finds for a pair of banks on two individuals’ wrongful foreclosure claims. The individuals received sufficient notice of the foreclosure, and evidence indicates they had more than five years to resume making payments on the property but failed to do so, despite making $9,000 a month in gross income.
Court: USDC Eastern District of California, Judge: Nunley, Filed On: September 29, 2023, Case #: 2:18cv2811, NOS: Foreclosure - Real Property, Categories: Property, Banking / Lending
J. Nunley denies, in part, an insurer’s action seeking a declaration it has no duty to defend or indemnify an insured in an underlying defamation case. It is unclear whether the insurer has a duty to defend under the parties' umbrella policy, which includes coverage for an accident or offense that causes personal injury.
Court: USDC Eastern District of California, Judge: Nunley, Filed On: September 29, 2023, Case #: 2:21cv1761 , NOS: Insurance - Contract, Categories: Insurance, Defamation, Contract
J. Richardson denies the plaintiff company's request for a preliminary injunction to prevent the Bureau of Alcohol, Tobacco, Firearms and Explosives from treating its federal firearms license as being terminated "during the pendency of this Court's review." The company has not shown a likelihood of success on the merits.
Court: USDC Middle District of Tennessee , Judge: Richardson, Filed On: September 29, 2023, Case #: 3:23cv544, NOS: Other Statutory Actions - Other Suits, Categories: Civil Procedure, Licensing, Firearms
Per curiam, the appellate division finds that the trial court properly denied defendant a mistrial on second-degree strangulation charges because the prosecutor did not cause prejudice upon correcting the victim's statement as to when the prosecutor had been made aware of the fact that the victim provided defendant cocaine. Affirmed.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: September 29, 2023, Case #: KA 22-01603, Categories: Assault, Witnesses