15 results for 'judge:"Foster"'.
J. Foster denies the patent claimant's motion to compel and partially grants the patent defendant's motion to compel in a suit alleging infringement of a patent for a miniature cellular modem. The information the claimant seeks is no longer relevant to any of this case's active claims following a finding that its asserted patents are invalid. The defendant seeks documents related to legal advice on the patent, investor presentations and the patent claimant's attorney's billing records. The request for billing records is granted, and the claimant shall also direct its attorney to produce documents to the extent that they may relate to inequitable conduct, prior art or possible prior art, or any decisions to omit or disclose that art to the patent office.
Court: USDC Minnesota, Judge: Foster, Filed On: April 12, 2024, Case #: 0:22cv2345, NOS: Patent - Property Rights, Categories: Patent, Discovery
J. Foster grants the pornographer's motions to serve third-party subpoenas seeking information on various unknown internet users in 12 cases alleging that the users unlawfully downloaded and distributed its copyrighted movies. Expedited discovery is warranted because the requests are specific in that they seek only the users' names and addresses, the pornographer has stated an actionable claim, there are no other ways to obtain this information, the case cannot proceed without it, and appropriate guardrails can be, and hereby are, put in place to protect the users' privacy.
Court: USDC Minnesota, Judge: Foster, Filed On: April 11, 2024, Case #: 0:24cv1060, NOS: Copyrights - Property Rights, Categories: Copyright, Privacy, Discovery
J. Foster finds a lower court properly dismissed a consumer's negligence and premises liability claims against Circle K. The consumer argued that the convenience store was negligent for placing a case of water near the ice cream section, which she tripped over and fell, suffering elbow, neck, and back injuries. However, Circle K presented sufficient evidence in court that the case of water did not establish a dangerous condition, and that had she looked down, she would have seen the water bottles. Affirmed.
Court: Arizona Court Of Appeals Division One, Judge: Foster, Filed On: April 9, 2024, Case #: 1 CA-CV 22-425, Categories: Negligence
J. Foster denies the civil detainee's motion to compel the Minnesota Sex Offender Program's official's counsel to add their contact information to a privileged call list, and partially grants her motion to compel discovery. The detainee has been able to meet and confer with defense counsel without a privileged phone line, and defense counsel has an affirmative obligation to disclose to the Sex Offender Program, its client, any material communications with the detainee, negating the purpose of a privileged line. The official has also properly objected or responded to the majority of the detainee's discovery requests, many of which were overbroad or provided insufficient detail, but the detainee's requests for records identifying any other program resident who sought permission to possess similar property to that for which the detainee was denied permission, along with records of other employees who processed her request and other documents the official had cited that are not already disclosed, are granted.
Court: USDC Minnesota, Judge: Foster, Filed On: March 12, 2024, Case #: 0:23cv2260, NOS: Civil Detainee: Conditions of Confinement - Prisoner Petitions, Categories: Discovery, Prisoners' Rights
J. Foster finds a lower court properly convicted and sentenced a defendant on charges of three counts of aggravated assault. The defendant argued that the lower court erred in denying him a new trial for double jeopardy. However, the government sufficiently showed in court that the defendant fled the scene of a car accident after he rammed his jeep into another vehicle, which resulted in his victim becoming impaired when the impact crushed her lower leg and sternum, resulting in permanent injuries, and that the defendant's convictions are not multiplicitous for separate, numerous offenses. Affirmed.
Court: Arizona Court Of Appeals Division One, Judge: Foster, Filed On: February 22, 2024, Case #: 1 CA-CR 22-487, Categories: Evidence, Assault, Double Jeopardy
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J. Foster grants the pornographer's motions to serve third-party subpoenas to internet service providers in its effort to identify several unidentified internet users who it alleges violated its copyrights. Expedited discovery is warranted in this case since the pornographer has stated an actionable claim, its requests are specific, there are no other ways to obtain required information for the case to proceed, and it has established appropriate privacy guardrails. In deference to the privacy interests of the internet subscribers to be identified, the court sets out a process for serving the subpoenas and for the subscribers to proceed in litigation anonymously.
Court: USDC Minnesota, Judge: Foster, Filed On: December 6, 2023, Case #: 0:23cv2203, NOS: Copyrights - Property Rights, Categories: Copyright, Discovery
J. Foster partially grants motions for protective orders brought by the employer and the law firm it hired as an outside investigator for an investigation into the employee, a principal who alleges that she was terminated for approving the display of an LGBTQ Pride flag in her school's cafeteria. Also partially granted are the employee's motions to compel seeking documents related to the investigations and to extend discovery and motion deadlines. The employee may depose the law firm's attorney about the investigation, its design, scope and execution, his findings and their factual bases, but any legal advice the attorney may have provided is protected by attorney-client privilege or the work product doctrine.
Court: USDC Minnesota, Judge: Foster, Filed On: September 6, 2023, Case #: 0:21cv2581, NOS: Employment - Civil Rights, Categories: Employment, Privilege, Employment Retaliation
J. Foster finds a lower court properly dismissed a geological engineer's claims that the Arizona State Land Department wrongfully denied his request for a mineral exploration permit. The geological engineer argued that the land department failed to timely send written notice of its denial of applications. However, the land department provided sufficient evidence in court that the denial was based on the surface owner's exercise of first right of refusal. Affirmed.
Court: Arizona Court Of Appeals Division One, Judge: Foster, Filed On: August 31, 2023, Case #: 1 CA-CV 22-555, Categories: Administrative Law, Patent, Contract
J. Foster largely dismisses the Minnesota Sex Offender Program detainee's complaint alleging personal injuries and violations of his civil rights, with one exception. Claims under the Eighth Amendment against one of the program's doctors in her individual capacity survive, since the detainee has asserted detailed allegations regarding her refusal to provide care after he requested it. The remaining claims variously are improperly asserted under the U.S. and Minnesota constitutions directly, rather than under relevant statutes, inadequately pleaded or duplicative of other counts.
Court: USDC Minnesota, Judge: Foster, Filed On: August 24, 2023, Case #: 0:12cv646, NOS: Civil Detainee: Conditions of Confinement - Prisoner Petitions, Categories: Civil Rights, Medical Malpractice
J. Foster grants the pornographer's 12 motions for leave to serve third-party subpoenas in parallel cases against unknown alleged unauthorized distributors of the pornographer's copyrighted movies. Expedited discovery is warranted since the pornographer has stated an actionable copyright-infringement claim, the requests are specific in seeking only names and addresses, there are no alternatives to the pornographer's proposed course of action of seeking information on the alleged distributors by way of their internet service providers, the cases cannot proceed without that information, and the pornographer's right to pursue the copyright claims outweighs the alleged distributors' expectations of privacy.
Court: USDC Minnesota, Judge: Foster, Filed On: July 31, 2023, Case #: 0:23cv1891, NOS: Copyrights - Property Rights, Categories: Copyright, Discovery
J. Foster grants the pornographer's motions to serve third-party subpoenas on internet service providers to obtain identifying information for 17 unknown persons alleged to have unlawfully distributed its films. The pornographer has sufficiently stated an actionable copyright-infringement claim in each case, its discovery requests are sufficiently specific, it has adequately shown that there are no alternative ways to obtain the requested information and that the cases cannot proceed without it, and that, with protective orders keeping the identities of the people identified from the public, the pornographer's right to pursue its claims outweigh their expectations of privacy.
Court: USDC Minnesota, Judge: Foster, Filed On: June 20, 2023, Case #: 0:23cv1571, NOS: Copyrights - Property Rights, Categories: Copyright, Privacy, Discovery
J. Menendez recommends denying the Minnesota Sex Offender Program detainee's motions for sanctions and appointment of counsel in his suit alleging a variety of civil rights violations by the program. The detainee's numerous claims do not make this matter factually or legally complex, and are within his capabilities to investigate as a pro se litigant. They are also recommended for dismissal.
Court: USDC Minnesota, Judge: Foster, Filed On: June 5, 2023, Case #: 0:11cv979, NOS: Prison Condition - Habeas Corpus, Categories: Civil Rights, Sanctions
J. Foster partially grants the parties' joint motions regarding continued sealing in their trade-secrets dispute. A memorandum in support of the plaintiff's motion to compel is to be unsealed, but an unredacted memorandum in opposition to the same motion may remain under seal provided that the movant provides a new, redacted memorandum. An exhibit including a list of clients may remain sealed, as are a number of other exhibits related to contracts with sales representatives.
Court: USDC Minnesota, Judge: Foster, Filed On: June 5, 2023, Case #: 0:21cv2613, NOS: Other Personal Property Damage - Torts - Personal Property, Categories: Trade Secrets, Contract
J. Foster grants the employee's motion for leave to amend her complaint to add a claim for punitive damages in her action against her former employer alleging that she was fired in response to making a protected report of state wage-theft law violations. The employee's allegations are sufficient to create a plausible inference that the employer knew of her report and acted with deliberate disregard for her right not to be terminated for it, and the report could be reasonably interpreted to have complained about the employer's alleged violation of law and so would be protected under the Minnesota Whistleblower Act.
Court: USDC Minnesota, Judge: Foster, Filed On: May 16, 2023, Case #: 0:22cv1203, NOS: Employment - Civil Rights, Categories: Employment, Whistleblowers, Employment Retaliation