181 results for 'filedAt:"2023-11-09"'.
J. Mazzant partly grants the motion to dismiss for improper service as to the People's Republic of China defendants in a patent infringement suit, because the PRC is a signatory to the Hague Convention and does not permit service by mail. Though, the plaintiff company may execute alternative service on the PRC parties.
Court: USDC Eastern District of Texas , Judge: Mazzant, Filed On: November 9, 2023, Case #: 4:23cv420, NOS: Patent - Property Rights, Categories: Civil Procedure, International Law, Patent
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J. Bucklo grants the U.S. Consumer Financial Protection Bureau’s motion to dismiss a counterclaim brought against it by a credit reporting agency and one of its top executives. The Bureau sued the agency in April 2022 for allegedly grifting its customers; surreptitiously enrolling them in subscription services that were difficult to cancel. The agency and executive subsequently raised a counterclaim arguing they were due a residual redress payment of over $5 million, as well as a dozen affirmative defenses each. The court finds the counterclaim does not address the issues over which the Bureau is bringing suit, and dismisses all but five of the defendants’ collective 24 affirmative defenses as “legally insufficient or improper.”
Court: USDC Northern District of Illinois, Judge: Bucklo, Filed On: November 9, 2023, Case #: 1:22cv1880, NOS: Other Statutory Actions - Other Suits, Categories: Commerce, Fraud, Business Practices
J. Gleason dismisses environmental groups' challenge of the Bureau of Land Management's decision to authorize oil production in the National Petroleum Reserve in Alaska. The groups allege that government violated the National Environmental Policy Act "by failing to adequately analyze global greenhouse gas emissions from future oil development" on the lands, failing to consider alternatives, and that the project may adversely affect several species of marine mammals. The government considered "the requisite reasonable range of alternatives."
Court: USDC Alaska, Judge: Gleason, Filed On: November 9, 2023, Case #: 3:23cv58, NOS: Environmental Matters - Other Suits, Categories: Environment
J. Wood finds the circuit court properly ruled that the particular immunity sought by school district members applies to the state civil rights claims brought by the substitute teacher who says that her child was mistreated by a teacher at the school. The substitute was not allowed to work in the district after filing an ethics complaint, and brought state and federal claims against the district. State assertions of immunity must yield to the claims brought under federal civil rights law. Affirmed in part. Reversed and remanded in part. Motion to dismiss appeal denied. Motion for partial dismissal dismissed.
Court: Arkansas Supreme Court, Judge: Wood, Filed On: November 9, 2023, Case #: CV-22-143, Categories: Civil Rights, Employment, Immunity
J. Clark finds the lower court properly denied defendant's request for postconviction DNA testing during his sexual assault case. His allegation that his DNA would be found in the victim's fingernail scrapings could have been explained by any number of reasons and would not have discredited the victim's version of events or prevented the state from initiating criminal proceedings. Affirmed.
Court: Connecticut Court Of Appeals, Judge: Clark, Filed On: November 9, 2023, Case #: AC45397, Categories: Dna, Sex Offender
J. Furman finds the trial court properly denied defendant's request for a jury instruction on the affirmative defense of force against intruders during her murder trial. The victim was shot in her own home and, therefore, defendant could not establish the objective element of unlawful entry. Meanwhile, the trial court was not required to give jury instructions on all subsections of the self-defense statute because there was no evidence the victim intended or was about to inflict harm upon defendant. Affirmed.
Court: Colorado Court Of Appeals, Judge: Furman, Filed On: November 9, 2023, Case #: 2023COA104, Categories: Murder, Self Defense, Jury Instructions
J. Komitee denies a trademark lawyer’s motion for a preliminary injunction under a single claim for defamation that seeks to prohibit Amazon from contacting his clients and demanding they terminate their contracts as condition for entry into its brand registry, a dedicated service designed to help protect a company’s intellectual property. Amazon blacklisted the lawyer after discovering he was associated with one or more trademarks sanctioned or invalidated by the U.S. Patent and Trademark office. The court finds Amazon’s statements to be substantially true, and that his claim for defamation based on a theory of implication will most likely fail on the merits.
Court: USDC Eastern District of New York, Judge: Komiteed, Filed On: November 9, 2023, Case #: 2:23cv5324, NOS: Assault, Libel, & Slander - Torts - Personal Injury, Categories: Trademark, Defamation, Injunction
J. Staton grants the $200,000 settlement for the California’s Private Attorneys General Act claim in the employee's complaint alleging that the moving services corporation improperly classified him and other employees as independent contractors to systematically fail to pay them for overtime, rest and meal periods, and business-related expenses. Although the employee does not describe what evidence he has and does not have for his misclassification claim and the penalties associated with this claim, the PAGA settlement is fair and adequate because it is based on sufficient discovery and information and it avoids serious litigation risks.
Court: USDC Central District of California, Judge: Staton, Filed On: November 9, 2023, Case #: 8:20cv2092, NOS: Other Labor Litigation - Labor, Categories: Settlements, Class Action, Labor
J. Christensen finds that attorney Scott Alden Sobel should be suspended for 30 days for failing to review or share a presentence investigation report with the client before sentencing and based on multiple past attorney ethics violations.
Court: Iowa Supreme Court, Judge: Christensen, Filed On: November 9, 2023, Case #: 23-0549, Categories: Attorney Discipline
J. Gillmor denies a motion for recusal by a man formerly convicted of sexual assault of a minor, who now sues his accuser, her family and police and court officers involved in the conviction. The man’s claims of bias against him do not constitute a basis for recusal, as the purported bias stems from the judge’s rulings, rather than from outside the proceedings. “The fact the court has ruled against plaintiff, expressed an opinion about a matter of procedure or a point of law, or disagreed with plaintiff’s legal position is not a basis for recusal.”
Court: USDC Hawaii, Judge: Gillmor, Filed On: November 9, 2023, Case #: 1:21cv461, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Judiciary
J. Connors finds that the lower court properly determined that the county commissioners have jurisdiction over an appeal of a certain abatement decision. The county commissioners have concurrent jurisdiction with the State Board of Property Tax Review "to hear an appeal of a municipality's denial of a tax abatement application" under the circumstances presented. Affirmed.
Court: Maine Supreme Court, Judge: Connors, Filed On: November 9, 2023, Case #: 2023ME69, Categories: Tax, Jurisdiction
J. Murphy finds there was sufficient evidence to prove the drugs sold by defendant to the two overdose victims caused their deaths, including toxicology reports and cell phone evidence that placed all three in the same area at the time the drugs were sold, as well as testimony the victims ingested no other drugs between the time of the sales and their times of death. Meanwhile, the "TraX" data admitted during trial as part of the government's expert witness testimony should not have been excluded for lack of reliability. Although that specific cell phone tracking software has not been peer-reviewed, the expert witness established a proper foundation and similar software is generally accepted in location tracking applications. Affirmed.
Court: 6th Circuit, Judge: Murphy, Filed On: November 9, 2023, Case #: 22-1431, Categories: Drug Offender, Evidence, Experts
J. Pritzker finds that a municipal police officer was properly denied accidental disability retirement benefits for slipping and falling while she exited her patrol car to buy coffee soon after beginning her shift because buying coffee at a store constituted a personal injury, not an injury while in service. Affirmed.
Court: New York Appellate Divisions, Judge: Pritzker, Filed On: November 9, 2023, Case #: 535949, Categories: Employment, Social Security
J. Lanier sets aside defendant's conviction for possession of buprenorphine, the habitual offender adjudication and sentence. Defendant should have been allowed the opportunity to withdraw his guilty plea, since the state "unilaterally changed the terms of the plea agreement after the plea had been entered." Vacated.
Court: Louisiana Court Of Appeal, Judge: Lanier, Filed On: November 9, 2023, Case #: 2023KA0164, Categories: Drug Offender, Plea
J. Watson denies both parties' motions for summary judgment, ruling that while the tax-exempt organization has standing to pursue First Amendment claims against the IRS for disclosure requirements related to personal information of donors, issues of fact remain as to whether the disclosure requirements are part of the federal government's legitimate need to enforce tax compliance regulations.
Court: USDC Southern District of Ohio, Judge: Watson, Filed On: November 9, 2023, Case #: 2:22cv4297, NOS: Other Statutory Actions - Other Suits, Categories: Government, Tax, First Amendment
Per curiam, the appellate division finds that attorney Melvin Wright may be reinstated from his May 2019 suspension for failing to meet registration requirements since Wright cured the delinquency, complied with the order of suspension, and met continuing legal education requirements.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: November 9, 2023, Case #: PM-257-23, Categories: Attorney Discipline
[Consolidated.] Per curiam, the circuit finds that even though defendants did not travel outside the state of Michigan or make phone calls to anyone outside the state during the commission of their murder-for-hire crimes, the use of cell phones, considered instrumentalities of interstate commerce, allowed the government to charge and convict them under the federal murder-for-hire statute. Meanwhile, although more than 15 months passed between defendants' arrest and their subsequent trial, the delay did not violate their right to a speedy trial. The delay was caused, in large part, by an overcrowded docket that stemmed from the Covid-19 pandemic and extensions requested by their own attorneys to handle the large amount of discovery and the potential death penalty implications of their crimes. Affirmed.
Court: 6th Circuit, Judge: Per curiam, Filed On: November 9, 2023, Case #: 22-1698, Categories: Murder, Speedy Trial, Jurisdiction
Per curiam, the Supreme Court of Ohio finds the affidavits from both a client and the attorney who investigated the individual's unauthorized practice of law were sufficient to establish he filed documents on the client's behalf and held himself out to be an attorney despite no authority to practice law in the state of Ohio. Therefore, a permanent injunction will be issued to prevent further misconduct and the individual will be fined $5,000.
Court: Ohio Supreme Court, Judge: Per curiam, Filed On: November 9, 2023, Case #: 2023-Ohio-4036, Categories: Sanctions, Attorney Discipline
J. May finds that evidence obtained after defendant was pulled over for obscuring his rear license plate was improperly suppressed because the plate cover violated Iowa traffic statute. Reversed.
Court: Iowa Supreme Court, Judge: May, Filed On: November 9, 2023, Case #: 22-1234, Categories: Search