84 results for 'filedAt:"2023-10-23"'.
J. Wright denies a healthcare services company's motion to dismiss or strike class action allegations that it recorded telephone conversations without the individual's knowledge or consent. "Under California law, it is not necessary for [the company] to directly call or record the phone calls with Plaintiff to be liable for an offense...intending for the calls to be recorded without providing adequate safeguards to prevent the calls from being illegally recorded" is sufficient.
Court: USDC Central District of California, Judge: Wright, Filed On: October 23, 2023, Case #: 2:23cv4513, NOS: Other Personal Injury - Torts - Personal Injury, Categories: Tort
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J. Mundy finds that the lower court properly vacated defendant’s convictions for murder of the first degree, kidnapping and rape of a woman in 1990 and his resulting death sentence. The lower court failed to disclose psychological reports of a key witness against defendant in this case. Affirmed.
Court: Pennsylvania Supreme Court, Judge: Mundy, Filed On: October 23, 2023, Case #: J-11-2023, Categories: Murder, Sentencing, Witnesses
J. Willett finds the district court improperly found in favor of journalists on the pre-enforcement claims brought by various photographers and press organizations who lost income due to the possibility of being sued for flying drones in sensitive airspace. Nothing in the First Amendment or binding precedent permits an unqualified right to conduct aerial surveillance on non-consenting private individuals on private property. The district court properly dismissed the field-preemption claim. Affirmed in part. Vacated and remanded in part. Reversed and remanded in part.
Court: 5th Circuit, Judge: Willett, Filed On: October 23, 2023, Case #: 22-50337, Categories: Constitution, Aviation
J. McFadden finds that the trial court improperly awarded $130,000 in damages to the landowners in a negligence and trespass action against the county alleging that the county's streets and storm water system cause excessive amounts of storm water to collect and discharge through a pipe onto their property. The trial court incorrectly awarded the landowners attorney fees as well as damages for harm incurred after the landowners' presentation of their ante litem notice. The trial court also improperly found the county liable for damages under the landowners' theory of adverse possession because the landowners failed to show that the county obtained a prescriptive easement in the pipe. However, the trial court properly granted an injunction enjoining the county from maintaining a defective storm water drainage system that causes damage to the landowners' property. Reversed in part.
Court: Georgia Court of Appeals, Judge: McFadden, Filed On: October 23, 2023, Case #: A23A0774, Categories: Damages, Negligence, Attorney Fees
J. McCalla grants in part the plaintiff insurance company's motion for summary judgment in this interpleader action concerning an award for business personal property, stemming from a fire at a recording studio. The company is granted summary judgment as to the counterclaim against it for conversion. The evidence provided indicates that the company was not involved in the removal of the equipment "out of the damaged building," and also the counterclaim is barred under the doctrine of claim preclusion.
Court: USDC Western District of Tennessee , Judge: McCalla, Filed On: October 23, 2023, Case #: 2:20cv2834, NOS: Insurance - Contract, Categories: Insurance, Conversion
Per curiam, the Vermont Supreme Court finds that the lower court properly alleged defendant guardian was performing unauthorized practice of law by filing legal documents for this pro se appeal for his father. The defendant guardian cannot represent his father in pro se proceedings, so the appeal is stayed for 60 days for counsel to be obtained.
Court: Vermont Supreme Court, Judge: Per curiam, Filed On: October 23, 2023, Case #: 23-AP-309, Categories: Family Law, Wills / Probate
J. Land finds that the trial court improperly ruled in favor of the hospital and doctors in the mother's medical malpractice action alleging that she was not informed of the dangers of co-sleeping with her newborn son. The son suffered a serious brain injury and permanent disability due to co-sleeping. The trial court applied in an incorrect standard in finding that testimony from the mother's experts was purely speculative. The experts testified that they believed that the son's injuries were caused by co-sleeping and also testified regarding the methodological basis for their conclusions. The experts' methodology was sufficient under the law. Reversed.
Court: Georgia Court of Appeals, Judge: Land, Filed On: October 23, 2023, Case #: A23A1014, Categories: Experts, Medical Malpractice
J. Crenshaw grants the insurance company defendants' motion to enforce the settlement agreement and final judgment in this case concerning the allegedly improper depreciation of "the value of future labor" from certain insurance payments. At issue here are the deposition notices in two other cases. The court concludes that the notices violate the settlement agreement, which prohibits "Class Counsel from using the administration of the Settlement Agreement to support their class certification motions in other cases."
Court: USDC Middle District of Tennessee , Judge: Crenshaw, Filed On: October 23, 2023, Case #: 3:19cv466, NOS: Insurance - Contract, Categories: Insurance, Settlements, Class Action
J. Williams allows plaintiff to continue patent infringement claims related to solar energy technology because the complaint was properly served on defendant, a German company, to establish personal jurisdiction under the state's long-arm statute. Meanwhile, infringement claims were sufficiently pleaded.
Court: USDC Delaware, Judge: Williams, Filed On: October 23, 2023, Case #: 1:22cv915, NOS: Patent - Property Rights, Categories: International Law, Patent, Jurisdiction
J. Reiss grants the U.S. Postal Service’s motion to dismiss, for lack of subject matter jurisdiction, this personal injury clam brought by a contracted worker. The worker was injured while delivering mail and under Vermont Law the postal service is his statutory employer for workers’ compensation. The postal worker is granted leave to amend his complaint by Nov. 23, 2023.
Court: USDC Vermont, Judge: Reiss, Filed On: October 23, 2023, Case #: 2:22cv158, NOS: Other Personal Injury - Torts - Personal Injury, Categories: Government, Discovery, Workers' Compensation
Per curiam, the Supreme Court of Hawai’i finds in this report and motion for fees and cost submitted by the attorney as successor trustee. The timesheet for requested fees is well documented and the hours are reasonably related to the work and trusteeship. The order and fees are approved in full. The trustee is discharged as successor trustee.
Court: Hawai'i Supreme Court, Judge: Per curiam, Filed On: October 23, 2023, Case #: SCAD-21-444, Categories: Trusts
[Consolidated.] J. Greenwood overturns the trial court's finding that a city's response to public records requests by a legal advocacy group violated the Public Records Act. The group's claim is moot because the city has produced all responsive nonexempt footage of a police operation to clear homeless encampments from water district property. However, the trial court properly rejected the group's claim that the city violated the Act by destroying body-worn camera footage while the group's public records requests were pending, as the Act does not require public agencies to retain all records that might be requested. Reversed in part.
Court: California Courts Of Appeal, Judge: Greenwood, Filed On: October 23, 2023, Case #: H049552, Categories: Public Record
J. Bender finds that the lower court properly entered a pretrial order directing Pennsylvania to provide information as to how the state believes defendant poisoned three- and 16-month-old children with fentanyl in this case where he is charged, respectively, with murder and attempted murder. Defendant’s seeking clarification of Pennsylvania’s allegation of poisoning will allow her to adequately prepare her defense. Affirmed.
Court: Pennsylvania Superior Court, Judge: Bender, Filed On: October 23, 2023, Case #: J-A18010-23, Categories: Drug Offender, Murder, Child Victims
J. Pipkin finds that the trial court properly granted the company's motion to dismiss the conservator's and estate's wrongful death and negligence action arising from the decedent's disappearance after being discharged from a mental health facility. The conservator has not been appointed as the administrator of the decedent's estate and therefore lacks standing to bring a wrongful death action. Affirmed.
Court: Georgia Court of Appeals, Judge: Pipkin, Filed On: October 23, 2023, Case #: A23A1090, Categories: Negligence, Wrongful Death
J. Sharpe finds in favor of a town police officer on a citizen’s excessive force claims stemming from an incident at a traffic stop. The litigant alleges that, after being given permission by a separate officer to discard a marijuana cigarette, the defendant police officer mistakenly assumed he was destroying or concealing evidence, pulled him from his friend’s car, brought him to the ground and pressed his knee against his back before being stopped by the other officer. The court finds the officer is protected by qualified immunity and that, despite being a mistake, finds his actions were not unreasonable especially in light of the fact that the altercation lasted less than a minute.
Court: USDC Northern District of New York, Judge: Sharpe, Filed On: October 23, 2023, Case #: 1:21cv597, NOS: Other Civil Rights - Civil Rights, Categories: Immunity, Police Misconduct
J. Friot grants summary judgment to the former employer as to the claims brought by one of the individual plaintiffs in this lawsuit alleging gender discrimination and a failure to pay overtime wages. The former employer provides a legitimate basis for the employee's termination, and the former employee fails to establish pretext, specifically on a disparate treatment theory. Additionally, the former employee failed to "keep track of the overtime hours she worked."
Court: USDC Western District of Oklahoma , Judge: Friot, Filed On: October 23, 2023, Case #: 5:21cv501, NOS: Fair Labor Standards Act - Labor, Categories: Employment Discrimination, Labor
J. McFadden finds that the trial court improperly ruled in favor of the homeless shelter operator and executive director in a premises liability and breach of contract action brought by the individual arising after she was falsely imprisoned and raped by a fellow shelter resident. The individual presented evidence showing that the shelter could have foreseen the incident, including evidence that many shelter residents were recently released felons and that the shelter had no security on the premises. The individual also presented evidence showing that the shelter's failure to provide security was a proximate cause of her injuries. Reversed in part.
Court: Georgia Court of Appeals, Judge: McFadden, Filed On: October 23, 2023, Case #: A23A1009, Categories: Premises Liability, Contract
J. Rossman finds that the lower court improperly struck down elements of a Wyoming statute that, among other things, bans electioneering within 300 feet of a polling place on an election day. The lower court found that the 300-foot "buffer zone" on election day was unconstitutional, and also ruled that a ban on political bumper stickers in that zone on election day was also unlawful. But the manner in which the statute is written allows it to be capable of "reasoned application" and does not infringe on First Amendment rights. Also, the case is remanded for further findings on the constitutionality of a similar buffer zone related to being within 100 feet of an absentee polling place. Reversed in part.
Court: 10th Circuit, Judge: Rossman, Filed On: October 23, 2023, Case #: 21-8060, Categories: Civil Rights, Elections, First Amendment