101 results for 'filedAt:"2023-11-13"'.
J. Wright denies a toy company's motion to dismiss a putative class action alleging unjust enrichment and violations of California’s Unfair Competition Law. The class alleges that the toy company markets and sells toys that have small parts that violate the Small Parts regulation and therefore are banned hazardous substances in violation of the the Federal Hazardous Substances Act. The class has sufficiently alleged that the toys, marketed to children under the age of three, contain small parts that violate the Small Parts rule.
Court: USDC Central District of California, Judge: Wright, Filed On: November 13, 2023, Case #: 2:23cv2567, NOS: Personal Injury - Product Liability - Torts - Personal Injury, Categories: Product Liability
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J. Flaum finds that the lower court improperly sentenced defendant on multiplicitous firearm convictions, but properly sentenced him for drug offenses. Defendant's two firearm convictions should have been merged for sentencing purposes. Reversed in part.
Court: 7th Circuit, Judge: Flaum, Filed On: November 13, 2023, Case #: 22-2805, Categories: Drug Offender, Firearms, Sentencing
J. Alvarez upholds the lower court's determination the vote totals in a tight city council election were correct, while seven of the votes for one candidate were illegal, rendering the initial losing opponent now the winner of the election. Sufficient evidence supports the election night count was accurate and the six contested votes were illegal. Affirmed.
Court: Texas Courts of Appeals, Judge: Alvarez, Filed On: November 13, 2023, Case #: 04-23-00099-CV , Categories: Elections
J. Stevens finds that the trial court properly terminated the mother and father's parental rights to their children based on sufficient evidence to support the statutory grounds and best interest findings. The endangering conduct finding was supported by a "continued pattern of domestic violence and drug use" by the mother and father. Affirmed.
Court: Texas Courts of Appeals, Judge: Stevens, Filed On: November 13, 2023, Case #: 06-22-00020-CV, Categories: Evidence, Family Law
J. Boyle denies a Second Amendment rights advocacy group, a firearms dealer and two gun owners' motion for a preliminary injunction in their challenge the Bureau of Alcohol, Tobacco, Firearms and Explosives' final rule regarding guns equipped with stabilizing devices. Although the final rule is not a logical outgrowth of the proposed rule, they fail to show they are prejudiced and, therefore, have not shown a likelihood of success on the merits.
Court: USDC Northern District of Texas , Judge: Boyle, Filed On: November 13, 2023, Case #: 3:21cv116, NOS: Administrative Procedure Act/Review or Appeal of Agency Decision - Other Suits, Categories: Civil Rights, Constitution, Firearms
Per curiam, the 11th Circuit finds that the district court improperly dismissed a class action brought by the parent alleging that the school board violated minors' rights to a free appropriate public education in violation of the Individuals with Disabilities Education Act (IDEA) and the ADA. The class alleged that the school board excluded disabled students from classroom instruction by sending them home early and telling parents to keep students home even if they were not suspended. In light of the U.S. Supreme Court's ruling earlier this year in Perez v. Sturgis Public Schools, the class may proceed with the action seeking compensatory monetary and punitive damages without attempting to exhaust administrative remedies because the IDEA does not provide relief for those damages. Vacated.
Court: 11th Circuit, Judge: Per curiam, Filed On: November 13, 2023, Case #: 22-14083, Categories: Education, Class Action
J. Fuller finds that the trial court improperly ruled in favor of the company with respect to the property owner's negligence and design defects claims in an action arising after he developed cancer allegedly due to wood dust discharged onto his property from the company's paper mill and wood chipper. The trial court should have applied Virginia law in weighing whether the property owner's claims were barred by the doctrine of res judicata based on his prior participation in a federal class action. The property owner's design defects and negligence claims fall under the category of personal injury claims that qualify for an exception to the application of res judicata. However, the trial court correctly found that the property owner's breach of contract, fraud and conspiracy claims are barred by res judicata. Reversed in part.
Court: Georgia Court of Appeals, Judge: Fuller, Filed On: November 13, 2023, Case #: A23A1236, Categories: Negligence
J. Love vacates the granting of the decedent's wife's motion to quash subpoena duces tecum filed by the decedent's children to obtain the settlement and accompanying documents related to the decedent's action for injuries sustained as a result of being exposed to asbestos. The children are entitled to bring survival and wrongful death claims under statute. Further, the trial court did not review the settlement documents prior to granting the motion to quash. Vacated.
Court: Louisiana Court Of Appeal, Judge: Love, Filed On: November 13, 2023, Case #: 2023-C-0637, Categories: Discovery, Asbestos
J. Smith finds that the district court improperly imposed a purpose-specific approval requirement in a derivative action brought by a shareholder. However, the district court properly held that the board was aware that an individual defendant had an indirect interest in the challenged transactions when it approved them. A Securities and Exchange Rule does not require the board of directors to approve a transaction for the specific purpose of exempting it from liability. This is the rare case where all parties involved agree that the court must reverse. Both plaintiff individual and the SEC—which filed an amicus brief in this case—acknowledge that the Securities and Exchange Rule lacks a purpose-specific approval requirement. Affirmed in part.
Court: 9th Circuit, Judge: Smith, Filed On: November 13, 2023, Case #: 22-16632, Categories: Securities
Per curiam, the Vermont Supreme Court finds the Employment Security Board properly concluded the employer was in fact the successor to a lumber company after buying the assets, the name and the business operations within two weeks before the transfer. This means the business is subject to the same unemployment contribution rate as the former owner was. Affirmed.
Court: Vermont Supreme Court, Judge: Per curiam, Filed On: November 13, 2023, Case #: 23-AP-168, Categories: Employment
J. Eklund vacates defendant's involuntary manslaughter conviction. Although defendant sold the drugs that caused the victim's overdose to a third party, the lack of a direct connection between he and the victim prevented the state from proving he knowingly provided the victim with drugs. Reversed in part.
Court: Ohio Court Of Appeals, Judge: Eklund, Filed On: November 13, 2023, Case #: 2023-Ohio-4092, Categories: Drug Offender, Manslaughter
J. Bamattre-Manoukian finds that the trial court had discretion under the Sustainable Groundwater Management Act to deny a city's challenge to a county's groundwater sustainability plan for an aquifer sub-basin. Where local agencies fail to reach an agreement on which agency should manage an aquifer, the county may step in as the presumptive groundwater management agency. Affirmed.
Court: California Courts Of Appeal, Judge: Bamattre-Manoukian, Filed On: November 13, 2023, Case #: H049575, Categories: Water
J. Kaplan dismisses a cryptocurrency developer's defamation suit against the New York Times stemming from an article entitled "The Dramatic Crash of a Buzzy Cryptocurrency Raises Eyebrows," which included quotations from analysts suggesting that insiders secretly dumped the coin to personally profit from the launch. The challenged statements are clearly opinions, and rebutted later in the article by other opinions offering alternative explanations for the coin's decline in value.
Court: USDC Southern District of New York, Judge: Kaplan, Filed On: November 13, 2023, Case #: 1:22cv5418, NOS: Assault, Libel, & Slander - Torts - Personal Injury, Categories: Defamation, Technology
J. Stark finds that the court of international trade improperly overturned the president's modification of a proclamation related to imported solar panels because the modification did not violate regulations contained in the trade act. Reversed.
Court: Federal Circuit, Judge: Stark, Filed On: November 13, 2023, Case #: 22-1392, Categories: Trade
J. Hamilton finds that the lower court improperly dismissed the anti-hunting activists' pre-enforcement challenge to Wisconsin's "hunter harassment law" which makes it a crime to harass hunters in various ways. There is no way to read the law as requiring an activist physically interfere with a hunter to violate the law, raising serious First Amendment issues. To suffice for standing, the activists need only "arguably" be affected by the challenged statute. Reversed.
Court: 7th Circuit, Judge: Hamilton, Filed On: November 13, 2023, Case #: 21-1042, Categories: Civil Procedure, Constitution, First Amendment
J. DeGiusti denies the defendant insurance company's motion for summary judgment in this breach of contract lawsuit involving a customer's medical claims and its decision to rescind his health insurance policy over an answer on his insurance application. The customer did not consent to the rescission based on the return of his premium payments. Additionally, there is a question of fact precluding summary judgment on the customer's bad faith claim, specifically as to the reasonableness of the company's investigation.
Court: USDC Western District of Oklahoma , Judge: DeGiusti, Filed On: November 13, 2023, Case #: 5:22cv155, NOS: Insurance - Contract, Categories: Health Care, Insurance
Per curiam, the Vermont Supreme Court finds the trial court properly granted a dealership summary judgment in this negligent misrepresentation and Vermont Consumer Protection Act lawsuit brought by a consumer alleging breach of warranty. The consumer failed to prove the dealership was personally involved in any fraudulent acts.
Court: Vermont Supreme Court, Judge: Per curiam, Filed On: November 13, 2023, Case #: 23-AP-142, Categories: Consumer Law, Warranty
Per curiam, the Vermont Supreme Court finds the family division properly denied the ex-husband’s motion for relief from abuse order against his ex-wife for stalking. He argues the ex-wife put GPS tracking devices on their daughter’s watch, but fails to prove that this was intended to track him personally. Affirmed.
Court: Vermont Supreme Court, Judge: Per curiam, Filed On: November 13, 2023, Case #: 23-AP-130, Categories: Family Law
Per curiam, the Vermont Supreme Court finds the trial court properly excluded material that was not relevant to the tenant’s alleged habitability issues in her apartment before the landlord served an eviction for non-payment of rent. The tenant did not provide an actual notice of the habitability issues to the landlord. Affirmed.
Court: Vermont Supreme Court, Judge: Per curiam, Filed On: November 13, 2023, Case #: 23-AP-135, Categories: Civil Rights, Landlord Tenant
J. Kelley allows in part a job applicant’s motion “to compel defendant to supplement its initial disclosures and responses to plaintiff’s interrogatories and requests for production (‘RFPs’), and to award plaintiff $2,000 in fees.” The job applicant did not request leave to file his reply, so any arguments he first puts forward in the reply that were not in his initial motion are not considered. The corporation that hired a younger, white and allegedly less-qualified candidate over plaintiff already provided some of the discovery items requested by the applicant, but they are now required to provide memorandums, writings, notes and emails related to the application and interviewing of the younger, white candidate who was chosen for the position.
Court: USDC Massachusetts, Judge: Kelley, Filed On: November 13, 2023, Case #: 1:22cv12002, NOS: Civil Rights - Habeas Corpus, Categories: Employment, Discovery, Employment Discrimination
J. Miskel finds that the lower court properly terminated the parental rights of the mother to her twins after they were born preterm. The mother has a history of mental illness and has allegedly "attempted suicide or had suicidal ideations several times." The record also indicates that she has a history of cocaine use, though she denied using drugs at trial. Affirmed.
Court: Texas Courts of Appeals, Judge: Miskel, Filed On: November 13, 2023, Case #: 05-23-00487-CV, Categories: Evidence, Family Law