114 results for 'filedAt:"2024-01-29"'.
J. Traynor finds that a partnership agreement containing a forfeiture-for-competition provision is enforceable against former partners absent unconscionability, bad faith, or some other extraordinary circumstance. The court improperly aligned the partnership provision with restrictive employment covenants by subjecting it to the review for reasonableness.
Court: Delaware Supreme Court, Judge: Traynor, Filed On: January 29, 2024, Case #: 162, 2023, Categories: Partnerships
Per curiam, the appellate court finds that the Department of Culture, Recreation and Tourism did not show it was entitled to immunity for a holiday festival attendee's personal injury claim. The evidence supported that the park is available to the public for outdoor recreation but did not show that the holiday festival is a recreational activity that encompasses "viewing or enjoying historical, archaeological, scenic, or scientific sites.” Affirmed.
Court: Louisiana Court Of Appeal, Judge: Per curiam, Filed On: January 29, 2024, Case #: 2023-CA-0416, Categories: Evidence, Immunity
J. Whitehead finds in favor of the city against the family's claim that the city's officers arrested the husband for violating a no-contact order involving the wife without probable cause. At the time of the arrest, the wife gave the city's officers information that would give them probable cause to make the arrest, as the wife initially said that the husband sent “manipulative, threatening and slander[ous]" messages.
Court: USDC Western District of Washington, Judge: Whitehead, Filed On: January 29, 2024, Case #: 3:22cv5554, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Restraining Order
J. Oetken finds for the lender seeking enforcement of a loan guaranty on a $64 million loan secured by a 158-acre property in Austin, Texas. The guarantor failed to raise his defenses in his answer to the complaint, so he is barred from asserting them in his opposition to a motion for summary judgment. Further, there is no merit to his claim that the foreclosure sale of the property was "rigged."
Court: USDC Southern District of New York, Judge: Oetken, Filed On: January 29, 2024, Case #: 1:19cv8540, NOS: Other Contract - Contract, Categories: Banking / Lending, Foreclosure
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J. Todd finds that an appeals court properly approved a plan of rehabilitation for the Senior Health Insurance Company of Pennsylvania filed by the state’s insurance commissioner. There is significant harmony between the plan and the insurance laws of its regulators’ states: Maine, Massachusetts and Washington. Affirmed.
Court: Pennsylvania Supreme Court, Judge: Todd, Filed On: January 29, 2024, Case #: J-54-2022, Categories: Civil Procedure, Insurance
J. Easterbrook finds that the lower court properly dismissed this suit over a state Covid-19 order requiring personnel in schools to be regularly tested for the disease unless they had been vaccinated as barred by the rule against claim splitting. The school staff members chose to seek equitable relief in state court, but damages in another. However, Illinois law forbids sequential litigation in multiple forums. Affirmed.
Court: 7th Circuit, Judge: Easterbrook, Filed On: January 29, 2024, Case #: 23-1421, Categories: Choice Of Law, Jurisdiction, Covid-19
J. Stark finds that the court of federal claims improperly dismissed this post-award bid protest concerning a contract to provide software consulting services to the Department of Veterans Affairs because the company had standing to challenge the solicitation and evaluation process, and the claims should have been considered on the merits. Reversed.
Court: Federal Circuit, Judge: Stark, Filed On: January 29, 2024, Case #: 2022-1759, Categories: Contract
J. Wollman finds a lower court properly denied a defendant's motion for a Franks hearing. The defendant, who pleaded guilty to one count of conspiracy to distribute meth and one count of possession of a firearm, argued that she is entitled to relief based on a unlawful search of her home, and that a Deputy used a confidential informant who may have been a drug user with a criminal history. However, the government presented sufficient evidence in court that the Deputy was not aware that the informant had previously taken her checkbook and credit cards to make purchases without permission. Affirmed.
Court: 8th Circuit, Judge: Wollman, Filed On: January 29, 2024, Case #: 23-1338, Categories: Drug Offender, Search, Conspiracy
J. Wood denies a Chinese e-commerce platform Wanfan’s motion to dismiss an underlying trademark suit brought against it by an Australian toy company. The Australian company claims in the underlying suit that the Chinese platform sold multicolored cubes, infringing the Australian company’s own trademarked, multicolored cube toys. Wanfan calls the suit “frivolous” and seeks dismissal based on lack of personal jurisdiction, improper venue and insufficient service of process. The court disagrees on all fronts, finding Wanfan was properly served, that it has no basis to argue over venue, and that the Australian company “has had sufficient contacts with the United States to support personal jurisdiction over [the Chinese platform’s] federal claims.”
Court: USDC Northern District of Illinois, Judge: Wood, Filed On: January 29, 2024, Case #: 1:23cv2330, NOS: Trademark - Property Rights, Categories: International Law, Trademark, Business Practices
J. Johnson reverses the defendant's stalking conviction, finding that she did not violate a temporary ex parte harassment restraining order by calling the protected person on her cell phone, since the restraining order had been expired for nine days at the time of the calls and no further harassment restraining orders had since been issued. Without sufficient evidence to prove that the harassment restraining order was violated, there is also not sufficient evidence to prove stalking. Reversed.
Court: Minnesota Court Of Appeals, Judge: Johnson, Filed On: January 29, 2024, Case #: A22-0079, Categories: Criminal Procedure, Harassment
J. Howell dismisses an internet user's action against the publisher of the Washington Examiner under the Video Privacy Protection Act. She fails to show she was a subscriber to the Examiner's video goods and services and, therefore, fails to show she's a consumer, as defined by the Act.
Court: USDC District of Columbia, Judge: Howell, Filed On: January 29, 2024, Case #: 1:23cv345, NOS: Other Statutory Actions - Other Suits, Categories: Communications, Privacy
J. Fitzwater grants, in part, non-party city officials request to quash and for a protective order in a company's property zoning dispute. Certain topics pertaining to city council and the zoning commission's actions and communications are protected by legislative privilege.
Court: USDC Northern District of Texas , Judge: Fitzwater, Filed On: January 29, 2024, Case #: 3:22cv2154, NOS: All Other Real Property - Real Property, Categories: Municipal Law, Zoning, Discovery
J. McAuliffe denies, in part, an individual’s motion to strike trader Markus Heitkoetter’s action against him under California’s Anti-SLAPP law. The commercial speech exemption applies to the videos at issue, which the individual posted on YouTube.
Court: USDC Eastern District of California, Judge: McAuliffe, Filed On: January 29, 2024, Case #: 1:22cv368, NOS: Assault, Libel, & Slander - Torts - Personal Injury, Categories: Anti-slapp, Defamation
J. Silfen finds that claims contending plaintiff suffered damages due the the postal service's failure to timely deliver a package containing a money order should be dismissed for lack of jurisdiction based on plaintiff's history of filing frivolous lawsuits.
Court: Court of Federal Claims, Judge: Silfen, Filed On: January 29, 2024, Case #: 23-1821L, Categories: Negligence, Jurisdiction
J. Quinn finds that the lower court properly dismissed this fraud lawsuit concerning ownership of a home. The petition was dismissed as a nullity, as it was filed on behalf of the appellant by a person who was not a licensed attorney. The matter is not "adequately briefed" on appeal and is therefore waived. Affirmed.
Court: Texas Courts of Appeals, Judge: Quinn, Filed On: January 29, 2024, Case #: 07-23-00250-CV, Categories: Civil Procedure, Fraud
J. Pitman partially grants a motion to dismiss crossclaims brought by the CEO of an e-commerce liquor company after he was countersued by a former employee who asserted ownership claims over the company and was previously sued for copyright infringement. A fraud counterclaim by the former employee should be dismissed because she has failed to include “vital” information about when she learned she would not have a significant stake in the company — but she may amend her complaint to add this information, and her other claims can proceed.
Court: USDC Western District of Texas , Judge: Pitman, Filed On: January 29, 2024, Case #: 1:22cv467, NOS: Copyrights - Property Rights, Categories: Copyright, Fraud, Business Practices
J. McDonough grants the city defendants' summary judgment motion in this case alleging malicious prosecution and due process violations in connection with an individual's arrest. The photographic lineup assembled by a detective, even if "unnecessarily suggestive," was not used at trial. The court also intends to grant summary judgment to the remaining defendant, who allegedly selected the plaintiff's picture from the photographic lineup.
Court: USDC Eastern District of Tennessee , Judge: McDonough, Filed On: January 29, 2024, Case #: 1:22cv170, NOS: Other Civil Rights - Civil Rights, Categories: Civil Procedure, Civil Rights
J. Samour finds the appeals court erroneously determined the accrual date of the county's contract claim against the city of Denver regarding a noise modeling system installed near the airport was nearly 20 years after the installation of the system and at the time the county first realized any damages from the city's breach of a noise monitoring agreement. Colorado law unambiguously states a contract claim's accrual date is the date upon which a breach is or should have been discovered by the filing party, and because the county knew the city had installed a noise "modeling" system, rather than a noise monitoring system, immediately after its installation, it had three years from the installation date to file the current action, which is untimely and must be dismissed. Reversed.
Court: Colorado Supreme Court, Judge: Samour, Filed On: January 29, 2024, Case #: 2024CO5, Categories: Civil Procedure, Government, Contract
J. Moor finds that the trial court properly denied a motion to compel arbitration of an employee's sexual harassment and assault claims. An arbitration agreement before he asserted his claims is not valid. Under the federal Ending Forced Arbitration of Sexual Assault and Harassment Act, a dispute does not arise solely when a party suffers an injury. The Act requires that a party assert a right, claim or demand and that the opposing party take an adversarial position. Affirmed.
Court: California Courts Of Appeal, Judge: Moor, Filed On: January 29, 2024, Case #: B326830, Categories: Arbitration, Employment
J. Chen trims a consumer’s class action lawsuit and preserves a single claim for deceptive business practices under Massachusetts state law against Laundromax, a nation wide chain of laundromats. She claims the chain sells laundry cards for use in their laundry mats which cannot be used when the balance gets too low, nor can the balance be refunded, a system that she claims functions as a hidden fee not disclosed to customers. She plausibly alleges under a theory of unfairness that the company designed its price structure to prevent card balances from ever reaching zero, resulting in millions of dollars in revenue to which it was not entitled.
Court: USDC Eastern District of New York, Judge: Chen, Filed On: January 29, 2024, Case #: 1:22cv1750, NOS: Truth in Lending - Torts - Personal Property, Categories: Consumer Law, Business Practices, Class Action
J. Fallon finds for the insurance company of a bankrupt New Orleans-based genetic testing laboratory whose principals were barred from participation in any federal health care program for 25 years after they admitted to a fraudulent kickback scheme. The insurer for the failed laboratories is not required to pay state judgments in favor of two former employees in an employment compensation dispute totaling $3.2 million. The breach of contract exclusions contained in provisions of the bankrupt laboratories apply to the ex-employees' claims.
Court: USDC Eastern District of Louisiana , Judge: Fallon, Filed On: January 29, 2024, Case #: 2:22cv5410, NOS: Insurance - Contract, Categories: Bankruptcy, Employment, Fraud
J. Kobayashi partially dismisses wrongful termination and disability discrimination claims from a former employee of the car rental company after he had a leg surgery that affected his ability to stand and walk during recovery. The rental company began the firing process before the employee filed a complaint with the EEOC, and is therefore not retaliation. Claims for lack of reasonable accommodation for parking are also dismissed as submissions for the accommodation were not submitted with adequate notice. However, similar accommodation claims for appropriate seating are not dismissed as the company was given notice for those requests. The company did also retaliate in other ways beyond termination, mainly through managers that harassed the employee about taking time off for medical appointments.
Court: USDC Hawaii, Judge: Kobayashi, Filed On: January 29, 2024, Case #: 1:22cv246, NOS: Housing/Accommodations - Civil Rights, Categories: Ada / Rehabilitation Act, Employment Discrimination, Employment Retaliation