1,067 results for 'cat:"Damages"'.
J. Gruender finds a lower court properly granted summary judgment to a Canadian hand sanitizer company on contract claims against a Minnesota retail distributor, but improperly granted an award of attorney's fees. The Minnesota retail distributor argued that the Canadian hand sanitizer company failed to compensate it for 1 million bottles of product as part of a purchase order on behalf of Five Below, in violation of the parties' "cash on delivery" agreement. However, the Canadian company sufficiently showed in court that the Minnesota retailer violated the U.N. Convention on Contracts for the International Sale of Goods by refusing to pay its cash on delivery obligation. Affirmed in part.
Court: 8th Circuit, Judge: Gruender, Filed On: May 30, 2024, Case #: 23-2164, Categories: damages, Covid-19, Contract
J. Meyers denies in part the government's motion to dismiss this claim alleging the government breached a prior settlement agreement in relation to a fire that burned tribal grounds. There are genuine issues in dispute as to whether the claimed injury is based on pre-settlement agreement breaches.
Court: Court of Federal Claims, Judge: Meyers, Filed On: May 30, 2024, Case #: 21-1664, Categories: Settlements, Native Americans, damages
J. Pipkin finds that the trial court improperly ruled in favor of the contractor as to the individual's claim for general damages in a breach of contract action arising from the contractor's alleged failure to complete or properly perform tile work for the individual. The individual's testimony that the contractor failed to complete the tile work and improperly installed tiles was undisputed. However, the trial court correctly ruled in favor of the contractor on the individual's claim for consequential damages since the damages cannot be traced solely to the contractor's alleged breach. Reversed in part.
Court: Georgia Court of Appeals, Judge: Pipkin, Filed On: May 30, 2024, Case #: A24A0171, Categories: damages, Contract
Per curiam, the court of appeals finds that the trial court improperly denied the construction company's motion to compel medical authorization for medical records in a personal injury suit stemming from an automobile accident involving one of the company's employees. Evidence of the injured party's pre-existing medical conditions at the time of the accident is relevant to the company's defense to damages, and a request for medical records for a period of five years prior to the date of the accident through the present is not overly broad.
Court: Texas Courts of Appeals, Judge: Per curiam, Filed On: May 30, 2024, Case #: 01-23-00935, Categories: Tort, damages, Discovery
J. Torresen grants an insurance company's motion for summary judgment against its insured and the woman who died from injuries she sustained from a vehicle accident with the insured. The insurance company's umbrella policy applies to private passenger motor vehicles and the Freightliner M2 106 box truck weighing over 26,000 pounds that was involved in this collision cannot be considered a private passenger motor vehicle.
Court: USDC Maine, Judge: Torresen, Filed On: May 29, 2024, Case #: 2:22cv363, NOS: Insurance - Contract, Categories: Insurance, damages, Indemnification
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J. Kelly partially grants the photographer's motion for summary judgment in her suit against the restaurateurs alleging that their use of her photo for a mural in their Washington, D.C. restaurant was not allowed under the license she sold them for its use in a mural at their Atlanta restaurant. The photographer has established that there is no genuine dispute of material fact regarding her argument that she granted a license for the photo's use for a single mural, in a single restaurant, and that the restaurateurs exceeded the license's scope in using it again. The restaurateurs, however, have established that they are not liable for infringement related to the photo's use in the Atlanta restaurant, and the photographer's request for statutory damages is improper.
Court: USDC District of Columbia, Judge: Kelly, Filed On: May 29, 2024, Case #: 1:21cv1840, NOS: Copyrights - Property Rights, Categories: Copyright, damages
J. Goodwin declines to dismiss the customer's negligence claim against the flower supply company stemming from an incident at a Lowe's Home Improvement store in which the customer allegedly struck a flower display rack with his leg. The company, which supplies flowers to retail stores, has not shown that it is entitled to judgment "based upon a lack of duty of care." There is also an issue of fact as to whether the company "supplied a damaged rack" to the store.
Court: USDC Western District of Oklahoma , Judge: Goodwin, Filed On: May 29, 2024, Case #: 5:23cv173, NOS: Other Personal Injury - Torts - Personal Injury, Categories: damages, Negligence
J. Traynor rules that postjudgment interest on a $36 million final judgment should include prejudgment interest because such is part of a judgment upon which postjudgment interest accrues under Delaware law.
Court: Delaware Supreme Court, Judge: Traynor, Filed On: May 28, 2024, Case #: 265, 2023, Categories: damages
J. Smith finds a lower court properly denied an oil and gas company's motion for a new trial concerning counterclaims of property damage brought by two farm owners. The oil and gas company argued that it was entitled to inject saltwater into pore space beneath a drilled disposal well. However, the farm owners sufficiently showed in court that it suffered damages to its land as a result of the drilling project and are entitled to attorney's fees and court costs. Affirm.
Court: 8th Circuit, Judge: Smith, Filed On: May 24, 2024, Case #: 23-1147, Categories: Property, damages, Attorney Fees
J. Harris finds the trial court partially erred in its decision in the patient's medical malpractice lawsuit against the health care organization stemming from a surgery in which the patient had his right ureter mistakenly removed instead of his inflamed appendix. The trial court's order allowing the patient to amend his complaint to add claims for punitive damages is affirmed except the portion allowing damages for the claim alleging the negligent credentialing of the surgeon who performed the original appendectomy, as the organization cannot be held liable for that based on the record. Affirmed in part.
Court: Florida Courts Of Appeal, Judge: Harris, Filed On: May 24, 2024, Case #: 23-1596, Categories: damages, Medical Malpractice
J. Lagoa finds that the district court improperly awarded a passenger $10,000 for past medical expenses and zero damages for future medical expenses and future pain and suffering in a negligence action arising from injuries the passenger suffered when she fell out of a wheelchair pushed by the cruise line's crewmember. The district court incorrectly denied the passenger's motion for a new trial on damages with respect only to past pain and suffering damages related to the past medical expenses already awarded by the jury. There is evidence that the passenger suffered pain immediately after the fall. However, the district court did not commit any error in overruling the untimely objection by the passenger's counsel to the cruise line's reading of the crewmember's deposition testimony to the jury at trial. The deposition reading was given in lieu of live testimony. Reversed in part.
Court: 11th Circuit, Judge: Lagoa, Filed On: May 24, 2024, Case #: 22-13940, Categories: damages, Negligence
J. Lewis finds the lower court erroneously granted the digital sign company's request for damages equal to a refund of sign parts purchased from the manufacturer and replacement costs for the defective materials. The expert testimony of the digital sign company did not conclusively establish a monetary amount for replacement costs. While the digital sign company is entitled to damages for replacement costs, the case must be remanded for an accurate calculation and a reassessment of the total damages award. Reversed in part.
Court: Ohio Court Of Appeals, Judge: Lewis, Filed On: May 24, 2024, Case #: 2024-Ohio-2006, Categories: damages, Experts, Contract
J. Kilbane finds the trial court improperly dismissed U.S. Bank's lawsuit claiming damages for the breach of a mortgage loan originally provided to a borrower that has since died and which is the subject of a separate foreclosure action. The trial court abused its discretion when it dismissed instead of stayed U.S. Bank's lawsuit on jurisdiction grounds, so the case is remanded so it can be reinstated and stayed. Reversed.
Court: Florida Courts Of Appeal, Judge: Kilbane, Filed On: May 24, 2024, Case #: 23-1678, Categories: damages, Foreclosure
J. Johnson granted Hyundai’s motion for summary judgment against product liability, stating the car was already issued for a recall when the driver had crashed the rented car, resulting in partial amputation of her leg.
Court: USDC Southern District of Mississippi , Judge: Johnson, Filed On: May 24, 2024, Case #: 3:23cv604, NOS: Personal Injury - Product Liability - Torts - Personal Injury, Categories: Vehicle, damages, Product Liability
J. Miller finds that a civilian may pursue negligence claims against the government concerning injuries he suffered while riding his dirt bike. The civilian sufficiently alleges that a U.S. Border Patrol agent rammed into him on a private dirt road with no traffic lanes, which the civilian had permission to use by the owners of a local ranch, while not riding for "sport," but for means of transportation. However, the civilian cannot pursue non-economic damages because the bike he was riding was uninsured at the time of the collision.
Court: USDC Southern District of California, Judge: Miller, Filed On: May 24, 2024, Case #: 3:23cv449, NOS: Motor Vehicle - Torts - Personal Injury, Categories: damages, Negligence
J. Higginbotham finds the district court properly found in favor of the employees in this wage-per-hour claim. The employer is not exempt from paying the time-and-a-half overtime wage despite its argument the employees are "highly compensated" or "learned professionals." The district court properly found the workers were paid on an hourly basis and due overtime, as the employer paid them a regular salary for 40 hours, including a regular time addition for any overtime hours. Affirmed.
Court: 5th Circuit, Judge: Higginbotham , Filed On: May 24, 2024, Case #: 22-40219, Categories: Administrative Law, Employment, damages
J. Celebrezze finds that the trial court properly declined to dismiss constitutional claims brought by a class of chiropractic practices because even though the legislature amended laws regarding medical providers' ability to solicit individuals injured in accidents, the class brought valid arguments regarding violations of the one-subject rule. However, the court improperly certified the class because medical providers neither had been fined nor sought monetary damages, as all potential class members reaped the benefits when the court granted an injunction to stay enforcement of the law. Affirmed in part.
Court: Ohio Court Of Appeals, Judge: Celebrezze, Filed On: May 23, 2024, Case #: 2024-Ohio-1976, Categories: Constitution, damages, Class Action
J. Yun finds that a jury hearing negligence claims stemming from a car accident was improperly instructed on plaintiff's failure to mitigate damages on grounds that her pregnancy prevented her from receiving steroid injections because plaintiff did not "voluntarily" decide to become pregnant, and carrying both of her children to term and nursing them did not constitute "unreasonable" actions. Reversed.
Court: Colorado Court Of Appeals, Judge: Yun, Filed On: May 23, 2024, Case #: 2024COA56, Categories: Jury, damages, Negligence
J. Rodriugez finds that the lower court improperly declined to dismiss a claim for negligent neonatalogical care filed by the parents of a child that died eight days after birth via emergency procedures, but properly declined to dismiss her other claims. The fact that she did not suffer an independent physical injury should not preclude her from recovery for emotional damages. The expert in question clearly testified that the delay in treatment substantially diminished the child's chance of survival and contributed to his death as well. Affirmed in part.
Court: New York Appellate Divisions, Judge: Rodriguez, Filed On: May 23, 2024, Case #: 02881, Categories: damages, Emotional Distress, Medical Malpractice
J. Cox vacates the district court's granting a deputy's exception of prescription and dismissing a citizen's claim that he was beaten after arrest. In this case, the citizen claims that he was the victim of a “crime of violence” for second-degree battery and that the two-year prescriptive period applies. Under statute, there is no imposition that the deputy must be prosecuted in order for the prescriptive period to apply. Vacated.
Court: Louisiana Court Of Appeal, Judge: Cox, Filed On: May 22, 2024, Case #: 55,626-CA, Categories: Civil Procedure, damages
J. Miller finds that the appeals court must withdraw its previous decision in a lawsuit seeking damages from the utility for outages stemming from Hurricane Irma and replace it with this opinion. Due to a change in state law while the utility's motion for a rehearing was pending, the public service commission has jurisdiction to resolve initial liability issues relating to a utility's disaster preparedness and response, not the courts. The order under review is reversed and the case is remanded for further proceedings. Reversed.
Court: Florida Courts Of Appeal, Judge: Miller, Filed On: May 22, 2024, Case #: 22-0181, Categories: Administrative Law, Energy, damages
J. Hixson finds that the circuit court should have awarded damages to plaintiffs, who have harvested property since 1940, based on interference with use. Plaintiffs allege entitlement based on adverse possession, while defendant contends conveyance occurred through a quitclaim deed, and the court denied damages for failure to provide evidence of the amount. However, the court was not limited to considering the rental value of the land in determining damages.
Court: Arkansas Court Of Appeals, Judge: Hixson, Filed On: May 22, 2024, Case #: CV-22-695, Categories: Property, damages, Due Process
J. Garaufis finds a New York City police investigator not liable for malicious prosecution and vacates the jury’s verdict as it relates to him. However, the court preserves the jury’s verdict which found a police officer arraigned the litigant, a Hispanic man, on charges of armed robbery without sufficient evidence at the time. The court further reduces the jury’s $1 million award in compensatory damages to only $81,000, finding the citizen was incarcerated without probable cause for only 3 months and not the 11 months alleged at trial. Finally, the court vacates the award for punitive damages, finding the officers involved did not act recklessly when arresting the litigant, as the crime scene at the time was hectic.
Court: USDC Eastern District of New York, Judge: Garaufis, Filed On: May 22, 2024, Case #: 1:16cv5915, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Malicious Prosecution, damages
J. Johnson finds that the trial court properly dismissed property owners' action against the state related to the commandeering of their property for repairs to the 17th Street Canal. The state's peremptory exception of no cause of action was properly granted because the property owners do not allege that the state's actions resulted in the diminution of the value of their property. The inability to use the property is a general consequence of the property being commandeered for public purposes, and damages are not compensable. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Johnson , Filed On: May 22, 2024, Case #: 23-CA-194, Categories: Property, damages
J. Mendez-Miro grants a company $950,000 in damages and $57,000 in attorney fees and costs following entry of default judgment in breach of contract claims.
Court: USDC Puerto Rico, Judge: Mendez-Miro, Filed On: May 22, 2024, Case #: 3:23cv1118, NOS: Racketeer Influenced and Corrupt Organizations (RICO) - Other Suits, Categories: Civil Procedure, damages, Contract
J. Lake finds that an insurance company has a duty to provide an appraisal of damages in a case in which a homeowner’s roof was damaged in a hailstorm, but the insurance company claims that the damage is due to rot and wear which are not covered under the policy. The court cannot conclude that this dispute is over causation rather than damage as the insurer claims, therefore an appraisal is justified because it may be needed at some point during the case. The homeowner’s motion to compel an appraisal is granted.
Court: USDC Southern District of Texas, Judge: Lake, Filed On: May 22, 2024, Case #: 4:24cv1370, NOS: Insurance - Contract, Categories: Insurance, damages