126 results for 'filedAt:"2023-11-03"'.
J. Gleason denies the state's request for declaratory and permanent injunctive relief and dismisses its claims regarding whether the Federal Subsistence Board had the authority to open an emergency subsistence hunt on federal lands for the Organized Village of Kake in the beginning of the Covid-19 pandemic. The Organized Village of Kake is a remote Alaskan community which, like others, requested an emergency hunting authorization to address existing or potential food shortages during the early days of the pandemic due to food supply chain issues. "The hunt successfully concluded on July 24, 2020, and the harvest was distributed to 135 households in the village." The Federal Subsistence Board did not exceed its authority when it authorized the emergency subsistence hunt.
Court: USDC Alaska, Judge: Gleason, Filed On: November 3, 2023, Case #: 3:20cv195, NOS: Other Statutory Actions - Other Suits, Categories: Native Americans, Covid-19, Injunction
J. Winmill denies in part the Idaho Department of Health and Welfare's motion to dismiss a mother's allegations of violations of the Due Process and Equal Protection Clauses of the Fourteenth Amendment and the Idaho Constitution after she was reported for child neglect when she tested positive for THC shortly after giving birth. The mother alleges that her marijuana use was medical, to treat extreme nausea, and that she was not provided with sufficient process before being placed on the Central Registry for ten years. Individuals are not given an opportunity to present evidence or arguments in their favor while the initial determination and administrative review are conducted, which creates "a considerable risk of error." The mother has plausibly pleaded that additional process is due. The mother is granted leave to amend her equal protection and Idaho Constitution claims.
Court: USDC Idaho, Judge: Winmill, Filed On: November 3, 2023, Case #: 1:23cv131, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights
J. Laing finds a lower court improperly dismissed a native of Iraq's request to remain in the U.K. The Secretary of State argued that his claims that he would face harm upon return to his native land were not credible. However, he presented sufficient evidence in court that he would face violence for engaging in a relationship with a supporter of the Patriotic Union of Kurdistan. Reversed.
Court: Her Majesty's Court of Appeal, Judge: Laing, Filed On: November 3, 2023, Case #: CA-2022-2237, Categories: Civil Rights, Government, Immigration
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J. Newey finds a lower court improperly ruled in favor of a holding company on two businessmen's breach of warranty claims. The holding company argued that it properly transferred shares to both parties. However, the businessmen sufficiently showed in court that they are entitled to millions of damages for a defective warranty. Reversed.
Court: Her Majesty's Court of Appeal, Judge: Newey, Filed On: November 3, 2023, Case #: CA-2023-822, Categories: Damages, Warranty, Contract
J. Thompson finds that the lower court properly entered an order relieving the department of human resources of the requirement "that it provide reunification services to the father" after the child was taken into protective custody. The lower court did not err in its decision, given the facts and "the length of time the child had been in foster care." Affirmed in part.
Court: Alabama Court of Civil Appeals, Judge: Thompson, Filed On: November 3, 2023, Case #: CL-2023-0232, Categories: Family Law
J. Lewis finds the trial court properly allowed a witness to testify about her encounter with the victim in the immediate aftermath of defendant's assault under the excited utterance hearsay exception. The victim was emotional and visibly shaken when the witness talked to her, while the statement identified defendant as the assailant and was directly related to the assault. Meanwhile, the police officer's testimony that he broke off pursuit of defendant because of high speeds in a residential area and defendant's admission in a phone call he was "going 101" before he crashed and shattered his ankle was sufficient to convict him of failure to comply with the orders of a police officer. Affirmed.
Court: Ohio Court Of Appeals, Judge: Lewis, Filed On: November 3, 2023, Case #: 2023-Ohio-3998, Categories: Evidence, Assault, Vehicle
J. Wicks partially grants the Commodity Futures Trading Commission’s motion to strike a former software consultant’s reply to the agency’s lawsuit against him for his role in an apparently fraudulent commodities pool. His reply asserts violations of attorney-client privilege and Sixth Amendment violations on the part of the commission, and was filed past deadline; these allegations are scandalous, unsubstantiated and irrelevant to the underlying lawsuit. His motion to compel an attorney to give the consultant all records related to the lawsuit fails because he has not demonstrated a good cause to reopen discovery.
Court: USDC Eastern District of New York, Judge: Wicks, Filed On: November 3, 2023, Case #: 2:17cv4087, NOS: Securities/Commodities/Exchange - Other Suits, Categories: Sanctions, Securities, Privilege
J. Grover finds that a contractor was not required to present its claim to a city before filing suit because the claim was for declaratory judgment about the parties' rights and duties, and not a complaint for money or damages subject to the Government Claims Act. Reversed.
Court: California Courts Of Appeal, Judge: Grover, Filed On: November 3, 2023, Case #: H050157, Categories: Construction, Contract
J. Minor finds that defendant was properly convicted for burglary, assault and intimidating a witness. The lower court did not err in denying his motion to suppress or by allowing collateral-act evidence. Defendant is due to be resentenced, however, as to his conviction for intimidating a witness. Affirmed in part.
Court: Alabama Court of Criminal Appeals, Judge: Minor, Filed On: November 3, 2023, Case #: CR-21-0143, Categories: Burglary, Sentencing, Witnesses
J. Kovner dismisses all securities claims against an e-wallets company and their officers, who claim the company made false and misleading statements related to Russian regulation compliances. Some of the accounting information given during earnings calls could be considered somewhat inconsistent, but there is no evidence that this correlated to any losses to investors or served as a violation of securities laws. The court grants leave to the international company for an amended complaint.
Court: USDC Eastern District of New York, Judge: Kovner, Filed On: November 3, 2023, Case #: 1:20cv6054, NOS: Securities/Commodities/Exchange - Other Suits, Categories: Fraud, Securities
J. Hixson finds the lower court properly denied defendant’s motion for a reduced sentence. Defendant pleaded guilty to attempted aggravated kidnapping and aggravated assault and agreed to a six-year sentence to be served incarcerated and to run consecutively to a prior conviction he received in a separate case. Defendant argues he received ineffective assistance of counsel, but he waived his right to argue it when he told the trial court that he was not going to pursue post-conviction relief, only a reduction in his sentence. The instant court finds that the record clearly indicated the defendant's sentences were to run consecutively and that he was aware of it at the time he entered his guilty plea. Affirmed.
Court: Tennessee Court of Criminal Appeals, Judge: Hixson, Filed On: November 3, 2023, Case #: M2023-00112-CCA-R3-CD, Categories: Ineffective Assistance, Sentencing, Plea
J. Dever denies a recreational and competitive flag football organization its claims of fraud, breach of contract and deceptive trade practices against the former owner of a similar enterprise. The organization bought the enterprise from the owner with the agreement he would not compete with it for at least five years. As part of the contract, the organization hired the former owner, but he resigned after just under two years and began to compete. However, under state law, the agreement must still be intact to enforce it, and since the owner resigned, he is no longer subject to it.
Court: USDC Eastern District of North Carolina, Judge: Dever, Filed On: November 3, 2023, Case #: 5:23cv172, NOS: Other Contract - Contract, Categories: Fraud, Trade, Contract
[Consolidated.] J. Watkins finds that the trial court properly ruled in favor of the data center services provider with respect to alleged damages exceeding $1 million in a breach of contract action brought by the financial services company. The action arose after the provider's facility experienced a power outage which left the company's suite without power for two hours, resulting in significant sales losses. Grossly negligent breaches of conduct fall under an exception to the parties' consequential damages waiver. The provider's liability to the company for grossly negligent breaches of contract is therefore limited to $1 million. However, the trial court incorrectly refused to grant summary judgment to the company as to one of the bases for the provider's defamation counterclaim arising from allegedly false statements the company's employees made to the provider's customers about the outage. Reversed in part.
Court: Georgia Court of Appeals, Judge: Watkins, Filed On: November 3, 2023, Case #: A23A0808, Categories: Defamation, Contract
J. Penzato finds that the trial court properly granted the Office of Group Benefit's exception of prescription on the health plan participant's claim that the Office improperly refused to pay for medical services. Under the parties' contract plan, the participant was required to file his claim within 90 days from the date services were rendered, unless it was not reasonably possible, and a lawsuit had to be filed no later than twelve months after his claim was required to be filed, or no more than 30 days after he exhausted his administrative remedies. In this case, the participant had to file a claim by June 24, 2021, but did not file suit until January 25, 2022. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Penzato, Filed On: November 3, 2023, Case #: 2023 CA 0136, Categories: Civil Procedure, Insurance, Contract
J. Immergut denies the moving company's motion to set aside the default judgment in favor of the consumer's Carmack claim, which alleges that the moving company required him to sign a blank interstate bill of lading before loading his items into the moving truck, but then refused to release his items unless he paid a higher price than agreed upon. The sole owner and chief executive officer of the moving company admitted in her deposition that she received messages and emails confirming the consumer's lawsuit, and the moving company does not provide a valid reason as to why it did not appear in court.
Court: USDC Oregon, Judge: Immergut, Filed On: November 3, 2023, Case #: 3:22cv1243, NOS: Other Fraud - Torts - Personal Property, Categories: Civil Procedure, Fraud, Consumer Law
J. D’Agostino grants a police officer’s motion for summary judgment in this excessive force and unlawful arrest claim brought by a civilian. The civilian alleges the officer struck and tackled him while trying to detain him for a domestic disturbance. The court says the officer’s actions were necessary because the civilian made a sudden movement, prompting the officer to protect himself, so he is entitled to qualified immunity. The officer’s motion to strike certain portions of the citizen’s response to the summary judgment and the attorney is denied.
Court: USDC Northern District of New York, Judge: D’Agostino, Filed On: November 3, 2023, Case #: 5:18cv952, NOS: Other Civil Rights - Civil Rights, Categories: Tort, Immunity, Police Misconduct
J. Edwards finds the trial court improperly granted the widow a new trial in her wrongful death lawsuit against the tire company, which alleges the company negligently serviced the tires on the widow's husband's car, leading to an accident that killed him and the couple's son. The trial court correctly granted final judgment in favor of the tire company but it erred in granting a new trial based on the widow's argument that alleged violations of the company's own internal policies, on its own, created a legal duty, which is not supported by Florida law. On remand the trial court is ordered to reverse its order granting a new trial and reinstate its final judgment for the tire company. Reversed.
Court: Florida Courts Of Appeal, Judge: Edwards, Filed On: November 3, 2023, Case #: 22-1901, Categories: Negligence, Wrongful Death
J. Ellison grants, in part, a union's motion for summary judgment in its action to compel a security company to arbitrate a court security officer's grievance. The dispute at issue is arbitrable under the parties' collective bargaining agreement.
Court: USDC Southern District of Texas, Judge: Ellison, Filed On: November 3, 2023, Case #: 4:23cv1813, NOS: Labor/Management Relations - Labor, Categories: Arbitration, Contract, Labor / Unions
J. Rosenthal grants a tequila soda company's motion for partial summary judgment on a tequila maker's claims for disgorgement of profits and actual damages in a trademark infringement case. The tequila soda company has shown it is operating at an $8 million loss, and the tequila maker fails to show it has suffered any actual damages caused by the alleged infringement.
Court: USDC Southern District of Texas, Judge: Rosenthal, Filed On: November 3, 2023, Case #: 4:22cv2972, NOS: Trademark - Property Rights, Categories: Trademark
J. Jenkins partially denies two food companies’ motion to dismiss, for failure to state a claim and for lack of subject matter jurisdiction, and their motion to strike class allegations in a deceptive labeling lawsuit brought by a consumer. One of the firms is Wahlburgers, owned by the celebrity brothers Donnie, Paul and Mark Wahlburg. The consumer says three dill pickle-flavored snacks are misleadingly labeled as “Fresh,” “All Natural” and contain “No Preservatives.” The consumer failed to provide pre-suit notice on his warranty claim and it is stricken. Whether the consumer may sue on behalf of a class of consumers will be decided when class discovery is completed.
Court: USDC Northern District of Illinois, Judge: Jenkins, Filed On: November 3, 2023, Case #: 1:23cv236, NOS: Other Fraud - Torts - Personal Property, Categories: Product Liability, Class Action, False Advertising
J. Markle finds that the trial court properly ruled in favor of the employer in an action brought by the employee under the Federal Employers' Liability Act arising after he was diagnosed with terminal lung cancer following years of smoking and on-the-job exposure to diesel exhaust, asbestos and silica dust. The trial court correctly granted the employer's motion to exclude expert testimony from a doctor because the methodology behind the doctor's opinion was unreliable. The doctor failed to show how studies on which he relied applied to the employee's case and failed to explain why he ruled out the employee's smoking as the sole cause of his cancer. Affirmed.
Court: Georgia Court of Appeals, Judge: Markle, Filed On: November 3, 2023, Case #: A23A0839, Categories: Employment, Negligence
J. Jones finds that defendant was improperly denied parole after he was charged with robbery and wanton endangerment as a juvenile for putting a gun to a man's head and stealing his money. Defendant, who was convicted of a lesser crime, had already been sentenced as a juvenile, and the trial court had no authority to resentence him as an adult offender.
Court: Kentucky Court Of Appeals, Judge: Jones, Filed On: November 3, 2023, Case #: 2022-CA-0436-MR, Categories: Juvenile Law, Robbery, Sentencing