115 results for 'filedAt:"2023-10-17"'.
J. Meriweather grants an adult film company's motion for leave to file a third-party subpoena against an internet service in its copyright infringement case. The company has shown it needs the name and address of the subscriber of the IP address at issue in order to identify an individual who has allegedly downloaded and distributed 26 of its copyrighted films.
Court: USDC District of Columbia, Judge: Meriweather, Filed On: October 17, 2023, Case #: 1:23cv2861, NOS: Copyrights - Property Rights, Categories: Copyright
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J. Hampson finds that the superior court properly upheld a ruling favoring the retirement system in claims challenging the calculation of contributions owed by the board of education because the retirement system complied with statute and made proper calculations. Affirmed.
Court: North Carolina Court of Appeals, Judge: Hampson, Filed On: October 17, 2023, Case #: COA22-750, Categories: Pensions, Contract
J. Maxa finds that the lower court properly denied a certificate of need to perform
elective percutaneous coronary interventions. The health care facility that brought the petition attempted to introduce data from outside the Department of Health to show their need for such a certificate, but the lower court properly found in denying the application that the department was not required by law to consider the additional data. The data from the department already serves as an exhaustive list, and the outside data was properly dismissed as a result. Affirmed.
Court: Washington Court Of Appeals, Judge: Maxa, Filed On: October 17, 2023, Case #: 57403-9-II, Categories: Evidence, Health Care
J. Davenport finds that the lower court properly awarded the man statutory attorney fees after his Freedom of Information Act suit prompted the city to produce the requested documents. On the record, filing a lawsuit was reasonably necessary to obtain the requested documents, but the court acted within its discretion by reducing the requested amount of $62,000 to $20,000. Affirmed.
Court: Illinois Appellate Court, Judge: Davenport, Filed On: October 17, 2023, Case #: 220392, Categories: Public Record, Attorney Fees
J. Morrison denies the employer's motion for reconsideration, ruling discovery was not required prior to ruling on the employee's motion for conditional class certification, which was supported by sufficient evidence in the complaint.
Court: USDC Southern District of Ohio, Judge: Morrison, Filed On: October 17, 2023, Case #: 2:22cv4389, NOS: Fair Labor Standards Act - Labor, Categories: Discovery, Class Action, Labor
J. Merriam finds that the district court improperly found for rapper Fat Joe and music producers and publishers in a copyright dispute over the hit single "All the Way Up." The song's purported co-creator, who contends he had not received proper credit or compensation, should have been allowed to conduct discovery prior to the entry of summary judgment since questions of material fact remained unresolved, especially concerning the existence of a document that relinquished his rights to the song.
Court: 2nd Circuit, Judge: Merriam, Filed On: October 17, 2023, Case #: 22-255, Categories: Copyright, Discovery
J. Brodie awards a professional tennis equipment manufacturer $118,960 in lost profits on its patent infringement claims related to its let-detection systems. The court finds the manufacturer’s estimate, that it lost approximately $120,000 over a two-year period due to the infringer’s actions, to be reasonable and further applies a reduction of $1,040 for fixed costs associated with producing 16 units for the 2019 and 2020 U.S. Open tournaments.
Court: USDC Eastern District of New York, Judge: Brodie, Filed On: October 17, 2023, Case #: 1:22cv2205, NOS: Patent - Property Rights, Categories: Patent, Damages, Technology
Per curiam, the Seventh Circuit finds that the lower court properly terminated defendant's pre-trial release and order him jailed pending trial based on defendant's three attempted suicides. The mere existence of a risk of suicide does not provide grounds to detain a defendant under the Bail Reform Act. However, other evidence shows that defendant continued to stalk his ex-girlfriend, and his suicide threats created an additional risk of unpredictable violence. Affirmed.
Court: 7th Circuit, Judge: Per curiam, Filed On: October 17, 2023, Case #: 23-2615, Categories: Bail, Domestic Violence
J. Bishop finds the district court properly denied the motion to vacate a domestic abuse protection order filed by the mother against her child’s father. The father did not produce any admissible evidence to support his alleged untimely service or receipt of the court’s order for hearing. His affidavit was deemed inadmissible, and his counsel could have asked for a continuance to allow him an opportunity to testify as to when he received notice. No continuance was requested. No abuse of discretion is found. Affirmed.
Court: Nebraska Court Of Appeals, Judge: Bishop, Filed On: October 17, 2023, Case #: A-23-195, Categories: Family Law, Due Process, Restraining Order
J. Riedmann finds the trial court properly convicted defendant by no-contest plea for burglary and obstruction. Defendant was caught in the act of stealing an Xbox from an apartment when police responded to the apartment manager’s call. The minimum limit of defendant’s combined concurrent sentences is 16 months and the court’s statement of parole eligibility was nine months. Pronounced terms prevail over any conflict with truth-in-sentencing advisements. Without loss in good time, defendant is parole eligible after eight months. Because the truth-in-sentencing statements are not part of the sentence, no modification is required. The record does not disclose conversations between counsel and defendant and the court of appeals is unable to review claims of ineffective assistance. Affirmed.
Court: Nebraska Court Of Appeals, Judge: Riedmann, Filed On: October 17, 2023, Case #: A-23-170, Categories: Burglary, Sentencing, Obstruction
J. Pirtle finds the district court properly affirmed the county court’s denial of the DUI defendant’s motion for absolute discharge on speedy trial grounds due to delays occurring from the forensic scientist’s lack of availability. Scheduling issues were identified well in advance of the original trial date and measures were taken to secure the availability of the expert’s testimony; due diligence was exercised. Defendant’s motion and subsequent appeal caused proceedings to extend beyond the six-month trial period, and so he has waived his right to a speedy trial. Affirmed.
Court: Nebraska Court Of Appeals, Judge: Pirtle, Filed On: October 17, 2023, Case #: A-23-178, Categories: Dui, Speedy Trial, Experts
J. Dato finds that an arbitrator created a reasonable impression of possible bias in finding that a party to a real estate transaction lacked credibility because she used an interpreter during proceedings. The party has lived in the U.S. for decades, conducted business here and even worked as an interpreter herself, but the use of an interpreter in a high-stakes arbitration proceeding does not permit an inference of deception. Reversed.
Court: California Courts Of Appeal, Judge: Dato, Filed On: October 17, 2023, Case #: D080801, Categories: Arbitration, Real Estate, Contract
J. Riggs grants the employer's motion for summary judgment, ruling the female employee's allegations regarding unequal treatment between male and female employees regarding tardiness is unsupported by evidence and is insufficient to support her discrimination or hostile work environment claims. Additionally, the transfer of the female employee does not qualify as an adverse employment action because it was completed at her request.
Court: USDC New Mexico, Judge: Riggs, Filed On: October 17, 2023, Case #: 2:22cv373, NOS: Employment - Civil Rights, Categories: Employment, Evidence, Employment Discrimination
J. Tymkovich finds that the lower court properly denied a motion to enjoin a resort company from consummating a settlement regarding class allegations that its workers were owed unpaid overtime wages. The company would go on to reach a nationwide settlement with some of the plaintiffs, leading those bringing the suit from Colorado to ask that the settlement be put on hold. Their motion, however, is barred by the Anti-Injunction Act, and arguments that the Act does not apply to their suit are without merit. Affirmed.
Court: 10th Circuit, Judge: Tymkovich, Filed On: October 17, 2023, Case #: 22-1226, Categories: Employment, Settlements
J. Shea finds that the trial court properly denied a motion to suppress methamphetamine found in defendant's home during a probation home visit. Defendant allowed her probation officer and other officers to enter her home, where they saw a meth pipe in plain view, which gave them the requisite cause to conduct a more thorough search. Affirmed.
Court: Montana Supreme Court, Judge: Shea, Filed On: October 17, 2023, Case #: DA 21-0248, Categories: Drug Offender, Probation, Search
J. Gwin finds the trial court erroneously denied defendant's motion to suppress her Google search history. The law enforcement official who applied for the search warrant lacked the necessary expertise to establish probable cause for the search or explain the exact location of the data that would provide a link between defendant and the crime. However, because the evidence of the search, including results for "how to rinse off mace," was not instrumental in the jury's verdict, which was supported by eyewitness testimony and other evidence, the error was harmless and defendant's conviction will be upheld. Affirmed.
Court: Ohio Court Of Appeals, Judge: Gwin, Filed On: October 17, 2023, Case #: 2023-Ohio-3781, Categories: Burglary, Evidence, Search
J. Peterson finds in favor of the law firm in its lawsuit seeking payment from a former client of a roughly $96,000 bill for the firm's successful legal work on his behalf in a dispute with his employer. The client's claim of malpractice against the firm, supported only by his own "personal dissatisfaction" with his attorney's work, is not enough to overcome the fact that he has clearly breached his contract with the firm by refusing to pay his bill. Summary judgment is granted to the firm, and it is awarded its $96,952 unpaid bill in addition to damages and expenses for a total judgment of $149,180.
Court: USDC Western District of Wisconsin, Judge: Peterson, Filed On: October 17, 2023, Case #: 3:22cv66, NOS: Other Civil Rights - Civil Rights, Categories: Attorney Fees, Contract
J. Contreras denies, in part, the Department of Justice's motion for summary judgment pertaining to withheld documents in a trauma center's Freedom of Information Act case concerning the department's office of immigration litigation. Certain documents are not exempt from disclosure, as they are not protected by either attorney-client privilege or deliberative process privilege.
Court: USDC District of Columbia, Judge: Contreras, Filed On: October 17, 2023, Case #: 1:20cv3517, NOS: Freedom of Information Act (FOIA) - Other Suits, Categories: Immigration, Public Record
J. Zimmerer finds that the trial court properly ruled in favor of the healthcare parties in a patient's suit alleging that her perforated bowel was caused by a negligently-performed gynecological surgery. The patient failed to show good cause to modify the agreed docket control order, and she had adequate time for discovery before the summary judgment motion was decided. Affirmed.
Court: Texas Courts of Appeals, Judge: Zimmerer, Filed On: October 17, 2023, Case #: 14-22-00735-CV, Categories: Health Care, Negligence
Per curiam, the appellate division finds that the lower court properly denied the company's motion for summary judgment in a personal injury suit. The employees' claims are not barred by workers' compensation exclusivity provisions because nothing in the record indicates that the company was the alter ego of the plaintiffs' employer, as they entered into a lease agreement establishing separate responsibilities as landlord and tenant and did not commingle assets. Affirmed.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: October 17, 2023, Case #: 05220, Categories: Workers' Compensation