150 results for 'filedAt:"2024-02-01"'.
J. Kautz finds that the lower court properly denied workers' compensation benefits to a caretaker at a country club who broke his ankle while working. While he was provided benefits at first, further benefits were later denied because they discovered he was intoxicated at the time of the injury. The caretaker challenges the denial of benefits on the grounds he was intoxicated, but the lower court properly found that his intoxication was a significant factor in his injury. Affirmed.
Court: Wyoming Supreme Court, Judge: Kautz, Filed On: February 1, 2024, Case #: S-23-0147, Categories: Workers' Compensation
J. Rothstein denies Expedia's motion to dismiss the Swiss federal government office's complaint that Expedia offered low hotel booking rates on Trivago, an internet hotel booking “metasearch” engine, so that it could bankrupt Amoma, an online hotel booking company organized under Swiss law. The Swiss office manages to salvage its claim because it sufficiently alleges that Amoma could not move to another advertising platform because Trivago had to give Amoma accurate data that would allow the latter to successfully adapt to the new system.
Court: USDC Western District of Washington, Judge: Rothstein, Filed On: February 1, 2024, Case #: 2:23cv983, NOS: Antitrust - Other Suits, Categories: Antitrust
J. Suddaby rules in favor of a healthcare provider and dismisses a 66-year-old’s age discrimination complaint that claims it denied his application for a position as a sleep physician on the basis of his age. One of those involved inadvertently sent him an email which allegedly suggested the company was actively refusing to hire older applicants. The applicant suffered no injury because he voluntarily withdrew from consideration after being scheduled an in-person interview. As well, he fails to show that anyone involved in the decision to hire him harbored discriminatory animus after the company removed the email’s sender from the hiring process once they learned what she had said in the email.
Court: USDC Northern District of New York, Judge: Suddaby, Filed On: February 1, 2024, Case #: 3:22cv178, NOS: Employment - Civil Rights, Categories: Civil Rights, Employment, Employment Discrimination
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J. Vitter denies a request by a motorist arrested on marijuana and weapons charges to overrule a magistrate judge’s decision in a discovery dispute in his civil rights case against a deputy and sheriff. His request for an order requiring the sheriff's office to turn over 255 reports is disproportionate to the needs of the case; the sheriff need only turn over 84 of the requested records. The motorist, whose charges were resolved by pretrial diversion, has not provided evidence to support his accusations the sheriff's office is deliberately withholding documents.
Court: USDC Eastern District of Louisiana , Judge: Vitter, Filed On: February 1, 2024, Case #: 2:21cv1275, NOS: Other Civil Rights - Civil Rights, Categories: Evidence, Discovery, Police Misconduct
[Consolidated.] J. Benton finds a lower court properly granted a Liberian citizen's motion to appeal a lower court's dismissal of his request to remain in the U.S. The government argued that the citizen of Liberia is not entitled to relief based on his drug use, aggravated robbery, and shoplifting. However, he presented sufficient evidence in court that his actions stemmed from his mental health and that he consistently takes his medication for psychiatric issues, which includes hearing voices, which may have stemmed from being sexually abused by a man when he was a child in a shelter. Reversed.
Court: 8th Circuit, Judge: Benton, Filed On: February 1, 2024, Case #: 22-3262, Categories: Immigration
J. Shubb denies, in part, a landscape company’s motion to dismiss as preempted a worker’s wage claims. The worker's indemnification for uniform expenses, and minimum wage and unfair competition claims are not preempted by the Labor Management Relations Act.
Court: USDC Eastern District of California, Judge: Shubb, Filed On: February 1, 2024, Case #: 2:23cv2734, NOS: Labor/Management Relations - Labor, Categories: Preemption, Indemnification, Labor
J. Poissant finds that the trial court properly ruled in favor of the Harris County Bail Bond Board in a bail bonds business's suit challenging a rule that requires a criminal defendant to pay "ten percent of the face amount of bail" for the specified serious violent or sexual offenses. The business, which offers payment plans to clients, alleges it lost revenue when the rule went into effect. Based on Parker v. Brown, the board is entitled to state-action immunity as to antitrust concerns resulting from the adoption of the rule. Affirmed.
Court: Texas Courts of Appeals, Judge: Poissant, Filed On: February 1, 2024, Case #: 14-22-00600-CV, Categories: Antitrust, Government, Injunction
J. Zimmerer finds that the trial court partly erred in its finding of joint and several liability for a breach of contract claim relating to a dispute over sharing of profits for a construction business that involved three individuals. There was insufficient evidence that the bookkeeper for the business was part of the agreement to split the profits. Reversed in part.
Court: Texas Courts of Appeals, Judge: Zimmerer, Filed On: February 1, 2024, Case #: 14-23-00124-CV, Categories: Damages, Contract
J. Smith finds that defendant was properly convicted of murder and given a 60-year sentence. The recording of the jail telephone call was properly admitted since it showed defendant's knowledge of the murder and rebutted his claim that someone else killed the victim. Affirmed.
Court: Texas Courts of Appeals, Judge: Smith, Filed On: February 1, 2024, Case #: 10-23-00146-CR, Categories: Evidence, Murder
J. Perry grands the landfill's motion to dismiss neighbors' environmental tort claims alleging the improper handling of radioactive materials. The neighbors' claims arise out of a nuclear incident and are therefore preempted by the Price-Anderson Act. The fact that the nuclear waste was mixed with soil, diluting its concentration below the regulatory level of .05%, does not remove this case from being controlled by the Act.
Court: USDC Eastern District of Missouri, Judge: Perry, Filed On: February 1, 2024, Case #: 4:18cv672, NOS: Other Statutory Actions - Other Suits, Categories: Environment, Tort
Per curiam, the appellate court finds that the lower court properly denied the opera singer's motion for a special trial preference in a suit stemming from her fall from an elevated platform while performing at the Metropolitan Opera House. While the singer's income decreased post-accident, it remained reasonably adequate for her needs. Affirmed.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: February 1, 2024, Case #: 00467, Categories: Civil Procedure, Tort
Per curiam, the appellate division finds that the lower court improperly awarded the plaintiff company $169 million in an action against the guarantor of a commercial contract. This matter shall be remanded for conversion to a plenary action. Reversed.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: February 1, 2024, Case #: 00466, Categories: Contract
J. Southwick finds the trial court improperly denied summary judgment to the police officers. The owner of the house filed suit after officers raided the wrong house, deploying flashbang grenades, breaking windows and breaking in the front door. Though the lead officer's efforts to identify the correct address were deficient, he did not violate clearly established law. The owner has not cited authority demonstrating violations. Reversed.
Court: 5th Circuit, Judge: Southwick , Filed On: February 1, 2024, Case #: 22-10441, Categories: Immunity, Police Misconduct
Per curiam, the court of appeals denies the city's petition for a writ of mandamus challenging the trial court’s denial of a combined traditional and no-evidence motion for summary judgment. Because the city’s motion does not specifically state each element of the suspended union member's claims on which it says he did not have evidence to support his claims, it does not comply with rules of a no evidence motion. Also, the record filed to support the petition does not include all exhibits the court considered when ruling on the hybrid motion.
Court: Texas Courts of Appeals, Judge: Per curiam, Filed On: February 1, 2024, Case #: 09-23-00197-CV, Categories: Evidence, Due Process, Labor / Unions
J. Mahan grants the insurer's partial motion for summary judgment on a company owner's commercial vehicle collision coverage-related claims. The policy holder is the business, not the owner, and the owner lacks standing.
Court: USDC Nevada, Judge: Mahan , Filed On: February 1, 2024, Case #: 2:22cv879, NOS: Insurance - Contract, Categories: Insurance, Vehicle, Contract
J. Stadtmueller partially grants motions in limine from the consulting firm and the data design company in a lawsuit featuring breach of contract and copyright infringement claims over a failed software licensing agreement. The company's motions in limine to bar the firm's counterclaims for breach of implied warranties and professional negligence and its lost revenue damages theory are granted, but the company's motion to bar the firm from arguing that the software the company provided failed to live up to their agreement's terms is denied. The firm's motion in limine to bar the company's quantum meruit theory of recovery seeking more than $600,000 is granted.
Court: USDC Eastern District of Wisconsin, Judge: Stadtmueller, Filed On: February 1, 2024, Case #: 2:22cv1245, NOS: Other Contract - Contract, Categories: Copyright, Contract
J. Gordo finds defendant's petition for writ of habeas corpus must be granted in his case including battery, child abuse and burglary charges, in part because the trial court did not consider any new showing of probable cause to modify defendant's bond. On remand, the state has two days after this decision is issued to file a motion for pretrial detention, or the trial court must immediately hold a hearing to decide conditions of release.
Court: Florida Courts Of Appeal, Judge: Gordo, Filed On: February 1, 2024, Case #: 24-0155, Categories: Habeas, Battery, Child Victims
J. Prince finds the trial court improperly dismissed the negligence action. The father and pediatric health care customer brought claims against the health care facility after a cyber-attack on health care records breached personal information. The father has standing, and there are questions of fact as to whether facility's choice of electronic records keeper was adequate to protect patients' personal information. Also, if a physician negligently discloses a patient's information through electronic or other means, the patient may maintain an action for damages in tort. Reversed in part.
Court: Oklahoma Courts Of Appeal, Judge: Prince , Filed On: February 1, 2024, Case #: 121682, Categories: Health Care, Fiduciary Duty, Negligence
J. Cureton awards $1 in damages on a company's breach of its lease agreement with a machine-maker. Although the machine-maker seeks more than $1 million in damages, it does not provide evidence of the market value of the machines at the time of the breach, nor does it seek damages for the $518,000 in costs it spent refurbishing the machines to the company's specifications.
Court: USDC Northern District of Texas , Judge: Cureton, Filed On: February 1, 2024, Case #: 4:21cv1292, NOS: Other Contract - Contract, Categories: Damages, Contract