135 results for 'filedAt:"2024-01-04"'.
[Consolidated] J. Cadish finds the district court improperly dismissed these personal injury claims. The cab company offered the injured party the amount of $150,00, plus costs and fees, in order to obtain a stipulated dismissal. Though the company gave the injured party a check for the agreed-upon amount, it did not pay fees and costs. Reversed.
Court: Nevada Supreme Court, Judge: Cadish , Filed On: January 4, 2024, Case #: 84647, Categories: Damages, Negligence, Attorney Fees
J. Daniel alternately grants and denies multiple dismissal motions from multiple defendants in this sprawling racketeering, trade secret and contract case brought against them by Walgreens. The pharmacy chain accuses the defendants — store landlords, former employees and real estate investors — of conspiring to buy and sell Walgreens-leased properties while denying it its right of first refusal in real estate transactions involving Walgreens locations. The court agrees it lacks jurisdiction over several of the named investors and dismisses the claims against them, while denying the motion to dismiss from the main real estate firms involved in the suit. Against these defendants, the court finds Walgreens has sufficiently alleged the firms conspired to box its right of first refusal out of real estate transactions. The court issues a more complex order against a single investor, finding insufficient support for Walgreens RICO claims against him but allowing its Defend Trade Secrets Act violation claim to mover forward.
Court: USDC Northern District of Illinois, Judge: Daniel, Filed On: January 4, 2024, Case #: 1:21cv2522, NOS: Other Statutory Actions - Other Suits, Categories: Real Estate, Trade Secrets, Racketeering
J. Maldonado grants hip-hop artist French Montana’s motion for summary judgment on copyright claims brought by the suing hip-hop artist, Hotwire the Producer. Hotwire accused French Montana of ripping off his copyrighted song “Hood* Pushin’ Weight” to make the hit single “Ain’t Worried About Nothin,” which has more than 100 million hits on Montana’s official YouTube channel alone. After several years of legal fights, the court has found there’s some similarity in the underlying sounds and melodies of the two songs, but that those similarities are insufficient to create a triable issue of fact on Hotwire’s copyright infringement claims.
Court: USDC Northern District of Illinois, Judge: Maldonado, Filed On: January 4, 2024, Case #: 1:19cv2321, NOS: Copyrights - Property Rights, Categories: Copyright
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Per curiam, the appellate division finds that Matthew A. Melville shall be suspended from the practice of law in New York for six months following his suspension in California for professional misconduct in maintaining a side law practice in violation of the partnership agreement with his law firm and the underreporting of income from his side law practice to the IRS.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: January 4, 2024, Case #: 00027, Categories: Attorney Discipline
J. Shorr finds the Director of the Department of Consumer and Business Services erred in dismissing the employee's workers’ compensation claim after concluding it lacked authority to address the medical billing issue because the medical services were not causally related to the worker’s accepted claim. “The workers’ compensation statutes provide that the director has authority over those issues, and none of the relevant statutes provide that the director loses that authority if the board first concludes that the claim is not compensable.” Reversed.
Court: Oregon Court of Appeals, Judge: Shorr, Filed On: January 4, 2024, Case #: A176516, Categories: Jurisdiction, Workers' Compensation
J. Kistler finds the trial court properly ruled that the DHS’s abuse investigation had focused on evidence that supported a founded determination without considering evidence of alternative explanations for the child’s report of sexual abuse. “Attempting to determine whether a biased decision is supported by substantial evidence is the antithesis of the fair procedures that (the law) was intended to provide.” Affirmed.
Court: Oregon Court of Appeals, Judge: Kistler, Filed On: January 4, 2024, Case #: A178904, Categories: Family Law, Agency
[Consolidated.] J. Cavanagh finds that a condominium association was properly held not liable in claims contending plaintiff tripped and fell on frayed carpet while entering a unit because plaintiff knew the carpet posed a tripping hazard before entering. However, the unit owner may have been liable for failing to repair dangerous flooring before renting to plaintiff. Affirmed in part.
Court: Michigan Court of Appeals, Judge: Cavanagh, Filed On: January 4, 2024, Case #: 364809, Categories: Premises Liability
Per curiam, the court of appeals finds that the trial court improperly denied defendant’s motion for acquittal because the state failed to prove that he was released pursuant to a release agreement that unambiguously required him to appear on the date at issue. The state concedes the error. Reversed.
Court: Oregon Court of Appeals, Judge: Per curiam, Filed On: January 4, 2024, Case #: A178719, Categories: Evidence
J. Ceresia finds that the lower court properly dismissed a guardian's petition challenging the decision that her disabled niece was ineligible to attend New York City schools since they had lived in the Bahamas at times because the complaint was not properly served. Affirmed.
Court: New York Appellate Divisions, Judge: Ceresia, Filed On: January 4, 2024, Case #: 536111, Categories: Civil Procedure, Education
Vice Chancellor Cook concludes that an interim CEO failed to act "reasonably" in firing two non-executive-officer founders of the company, which removed the roadblock for buyer LG Electronics to remove the remaining founders from the board. As such, the court compels the company to reinstate the non-executive-officers such that they may fulfill the founders' rights under the purchase agreement to select common directors.
Court: Delaware Chancery Court, Judge: Cook, Filed On: January 4, 2024, Case #: 2023-0382-NAC, Categories: Fiduciary Duty
J. Benavides finds that the lower court properly granted summary judgment to the independent executrix of the sister's estate based on the affirmative defense of limitations, in this lawsuit alleging that the sister had breached her fiduciary duty to the appellant. The appellant argues that the summary judgment ruling was inappropriate based on the discovery rule and the fraudulent-concealment doctrine. However, he was not "entitled to the benefit of the discovery rule," and the fraudulent-concealment doctrine is inapplicable. Affirmed.
Court: Texas Courts of Appeals, Judge: Benavides, Filed On: January 4, 2024, Case #: 13-22-00576-CV, Categories: Fraud, Wills / Probate, Fiduciary Duty
J. Trauger denies the defendant executives' motion for judgment on the pleadings in this stockholder derivative lawsuit involving a corporation that operates senior-living communities. The stockholder's complaint contends that the executives breached their fiduciary duties "by allowing the company's alleged problems to persist and by misleading the public." The court now finds that the plaintiff stockholder has plausibly alleged that the corporate board "unfairly induced her to file her claims outside the statute of limitations."
Court: USDC Middle District of Tennessee , Judge: Trauger, Filed On: January 4, 2024, Case #: 3:21cv373, NOS: Stockholders’ Suits - Contract, Categories: Civil Procedure, Health Care, Fiduciary Duty
[Consolidated.] J. McIlmail denies the contractor's claims of contract change, economic waste and differing site condition arising from its contract for a NASA aircraft parking apron and taxiway improvements. Evidence shows the contractor released the differing site condition claim in a bilateral contract modification, not under duress. The government did not change the contract or direct the contractor to perform economically wasteful work, while the contractor agreed to perform the work pursuant to a bilateral modification of the contract.
Court: Armed Services Board Of Contract Appeals, Judge: McIlmail , Filed On: January 4, 2024, Case #: 61819, Categories: Government, Contract
J. Simon grants the agricultural chemical company $25,300 in attorney fees and $1,000 in costs following its successful lawsuit asserting that the farm supplies company owes the agricultural chemical company $909,300 for agricultural and turf chemical products provided. The agricultural chemical company requests $27,100 in attorney fees, but while the counsel and paralegals' hourly rates are reasonable, nearly all of the agricultural chemical company's time entries are block-billed and some include purely clerical tasks.
Court: USDC Oregon, Judge: Simon, Filed On: January 4, 2024, Case #: 2:22cv581, NOS: Other Contract - Contract, Categories: Attorney Fees, Contract
J. Schutz finds the lower court erroneously granted the mother's motion to dismiss the father's request to return the couple's child to Mexico under the Hague Abduction Convention. Although the mother was granted custody of the child during divorce proceedings, the father did not relinquish all of his "patria potestas" rights under Mexican law. Nothing in the divorce decree constitutes an explicit concession of the father's parental rights and so the case must be remanded to the trial court to allow for consideration of the merits of the father's claims. Reversed.
Court: Colorado Court Of Appeals, Judge: Schutz, Filed On: January 4, 2024, Case #: 2024COA2, Categories: Family Law, International Law
J. Doughty denies a request by an international helicopter manufacturer to dismiss for lack of jurisdiction product liability and injury claims by a pilot allegedly forced to land his aircraft in a field during a crop dusting operation. The ruling rejects the chopper-maker's argument it has insufficient contacts with Louisiana to merit jurisdiction. Louisiana has a great interest in adjudicating the case because of the high rate of helicopter use for crop dusting and offshore work. Further, all states have a shared interest in having the jurisdiction to hold corporations accountable when their products cause harm to consumers, and the corporations' contacts with the state are sufficiently like the helicopter-maker's contacts with Louisiana.
Court: USDC Western District of Louisiana , Judge: Doughty, Filed On: January 4, 2024, Case #: 6:22cv6055, NOS: Tort Product Liability - Real Property, Categories: Corporations, Product Liability, Jurisdiction
J. Loken finds a lower court properly dismissed a bank's Racketeer Influenced and Corrupt Organizations Act claims against a beneficiary of a trust, which houses hundreds of art works created by Thomas Hart Benton. The bank, which served as co- trustee, argued that the beneficiary engaged in "mail, wire, and bank fraud," and that it was entitled to leave to file a second amended claim. However, the beneficiary sufficiently showed in court that the bank failed to properly plead a RICO claim, and that it did not engage in fraud by directing its representation to gather trust records. Affirmed.
Court: 8th Circuit, Judge: Loken , Filed On: January 4, 2024, Case #: 22-3331, Categories: Fraud, Trusts, Racketeering
J. Hood upholds the decision awarding an insurer summary judgment in claims seeking coverage for an accident in which a vehicle driven by the insured's son collided with a motorcycle because the mother was not required to seek her minor son’s authority upon selecting lower liability coverage, since he was underaged family member covered under the policy. Affirmed.
Court: Michigan Court of Appeals, Judge: Hood, Filed On: January 4, 2024, Case #: 364569, Categories: Insurance