981 results for 'cat:"Tort"'.
Per curiam, the court of appeals grants the pest control company's petition for a writ of mandamus. The company seeks to compel the trial court to withdraw its order denying its motion to compel a physical and mental examination of the parties in a car collision case. Expert examination is required to obtain a fair trial and, therefore, necessitates the intrusion upon the injured parties' privacy.
Court: Texas Courts of Appeals, Judge: Per curiam, Filed On: May 9, 2024, Case #: 09-24-00007-CV, Categories: tort, Vehicle, Experts
J. Montoya-Lewis finds that the court of appeals properly ruled that the trial court should not have dismissed the personal injury dispute due to a failure to properly serve one of the parties. The person that was served was an HR manager at the business being sued, and given her employment position there, she was a proper person who could be served in a legal dispute. The case may now proceed to trial. Affirmed in part.
Court: Washington Supreme Court, Judge: Montoya-Lewis, Filed On: May 9, 2024, Case #: 102147-0, Categories: Civil Procedure, tort
J. Goodwin grants the specialized commercial lender's motion for partial summary judgment in the ammunition manufacturer’s counterclaim to the lender's breach of contract suit over disputed language governing calculation of interest in the $7.5 million loan it conveyed to the manufacturer to build a facility in Montgomery. The court finds three of the manufacturer's tort claims - fraud, breach of fiduciary duty and tortious interference with contract - are barred by the "gist of the action doctrine," and the fourth - unjust enrichment - fails because of the express underlying contract.
Court: USDC Southern District of West Virginia, Judge: Goodwin, Filed On: May 9, 2024, Case #: 2:23cv15, NOS: Other Contract - Contract, Categories: tort, Banking / Lending, Contract
J. Reichek finds that the lower court properly awarded the original guardian ad litem’s fees and expenses in this lawsuit arising from a motor vehicle accident. The lower court did not abuse its discretion in determining the amount of the fees awarded. The record shows that the appellant failed to respond to certain communications and was eventually replaced as ad litem. Affirmed.
Court: Texas Courts of Appeals, Judge: a, Filed On: May 8, 2024, Case #: 05-22-00829-CV, Categories: Civil Procedure, tort, Attorney Fees
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J. Valenzuela grants mandamus relief to a transportation company and truck driver after the trial court improperly compelled responses to an injured driver's request for information on lawsuits filed against the company and access to the truck driver's cell phone. The requests are overbroad, as they seek information on lawsuits filed in the past 10 years and access to the truck driver's cell phone data four hours prior to the accident.
Court: Texas Courts of Appeals, Judge: Valenzuela, Filed On: May 8, 2024, Case #: 04-23-01067-CV , Categories: tort, Negligence, Discovery
J. Kendall denies the suing refurbished electronics dealer’s motion for sanctions and an injunction against the refurbished electronics shop it is suing. The suing dealer accused the other shop of filing false complaints about its products so as to disrupt its business, but the court finds the suing dealer has not provided sufficient evidence to back up those claims.
Court: USDC Northern District of Illinois, Judge: Kendall, Filed On: May 8, 2024, Case #: 1:20cv6258, NOS: Assault, Libel, & Slander - Torts - Personal Injury, Categories: tort, Defamation, Interference With Contract
J. Harris finds that the lower court properly awarded the woman $316,000 in damages after the man disseminated a sex tape, including her full name and her city and state, without her consent. Expert testimony is not required for a jury to find the woman was significantly affected by having a sexually explicit video of her posted online where it was viewed over 50,000 times. Further, punitive damages are warranted even if the video was recorded with the woman's consent, because the evidence shows the man acted willfully and in retaliation for the woman breaking off the relationship. Affirmed.
Court: Illinois Appellate Court, Judge: Harris, Filed On: May 7, 2024, Case #: 230585, Categories: tort, Damages, Technology
Per curiam, the appellate division finds that the lower court properly granted the worker partially summary judgment as to liability on his labor law claim stemming from his injury while attempting to install an air conditioning coil unit at defendants' premises. When the power was cut, the unit fell on his knees and the worker was injured attempting to hold the unit to prevent it falling on his coworker below. Defendant is responsible for failing to ascertain whether there were live wires in the vicinity of the work and protect the worker against electric shock. Affirmed.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: May 7, 2024, Case #: 02497, Categories: Employment, tort
J. Pitman dismisses claims in a countersuit brought by the co-founder of the Austin Chronicle and South by Southwest (SXSW) after he was sued by a former employee, who says he coerced her into sex and then withheld her salary after she refused to marry him. He countersued, alleging she had stolen “several valuable comic books and pulp magazines” from his garage. The counterclaim is inappropriate, as the legal questions in the suit and countersuit “contain no overlap,” and the co-founder’s alleged sexual harassment and abuse would not “excuse or legally justify” the alleged theft or vice versa. At the same time, claims against the Chronicle should be dismissed because no evidence suggests the Chronicle knew about this situation and “deliberately chose to look the other way.”
Court: USDC Western District of Texas , Judge: Pitman, Filed On: May 7, 2024, Case #: 1:23cv1197, NOS: Other Personal Injury - Torts - Personal Injury, Categories: Employment, tort, Civil Extortion
J. Rice holds that the district court properly concluded that a one-year statute of limitations applied to a county's contract claim against the state corrections department over the $69 daily rate cap for county jail reimbursement costs. The county failed to show a special relationship with the department to support its bad faith claim, as the county has the corporate power to enter contracts, was represented by counsel and any damages could be recouped without seeking tort damages. The county's unjust enrichment claim also failed because it cannot seek equitable relief after letting a valid contract claim expire. Affirmed.
Court: Montana Supreme Court, Judge: Rice, Filed On: May 7, 2024, Case #: DA 22-0427, Categories: tort, Contract
J. Diaz finds the lower court properly entered judgment voiding the contract between the star basketball player and his former agents. The basketball star signed an agreement with an agency after he played his final game for Duke but before he was drafted into the NBA. The agents argued that the player didn't count as a student-athlete for the purpose of the North Carolina Uniform Athlete Agents Act, which governs contracts between student-athletes and their agents. The player was still a student-athlete when he signed the contract because he had not yet left the university or signed a professional contract. Affirmed.
Court: 4th Circuit, Judge: Diaz, Filed On: May 6, 2024, Case #: 22-1793, Categories: Education, tort, Contract
J. Suddaby finds Instagram and its parent company Meta are shielded by Section 230 of the Communications Decency Act, so they are shielded by a personal injury lawsuit alleging they failed to implement safety measures to protect young users from acts of bullying, as well as refusing to remove harmful comments about the litigant, a minor, posted to an account called “nrcs.anything.”
Court: USDC Northern District of New York, Judge: Suddaby, Filed On: May 6, 2024, Case #: 3:23cv462, NOS: Other Personal Injury - Torts - Personal Injury, Categories: tort, Technology
J. Rosenthal finds that a law firm’s claims over a lawyer referral service’s practice of diverting the law firm’s prospective clients toward the referral service by purchasing the law firm’s business name and other business marks on the Google search engine can proceed against the referral service but not against an individual employee of the service. The law firm has not provided sufficient evidence of the employee’s personal involvement. A motion to dismiss the claims against the individual employee is granted without prejudice and the law firm is granted leave to amend its complaint.
Court: USDC Southern District of Texas, Judge: Rosenthal, Filed On: May 6, 2024, Case #: 4:23cv4643, NOS: Trademark - Property Rights, Categories: tort, Trademark, Business Practices
J. Broderick partially declines to approve ExxonMobil's settlement agreement reached with Pennsylvania in this consolidated action over the contamination of groundwater from various energy defendants' use of the gasoline additive methyl tertiary butyl ether. The oil company has not sufficiently explained why, as a matter of law, all monetary damages claims against it in this case are barred, or why Pennsylvania law prohibits natural resource damages.
Court: USDC Southern District of New York, Judge: Broderick, Filed On: May 6, 2024, Case #: 1:14cv6228, NOS: Property Damage Product Liability - Torts - Personal Property, Categories: Environment, Settlements, tort
J. Young finds that the court of appeals improperly ruled against Texas State University in an injury case that was filed by an individual who was thrown from a golf cart being driven by a university employee. While the individual sued the driver and the university before the two-year statute of limitations expired under the Texas Tort Claims Act, she did not serve the university until three years after the limitations had expired. Both the action of filing a lawsuit and serving the parties involved is included in the two years allotted to plaintiffs. Because the individual failed to meet that standard, the claims against the university should be dismissed. Reversed.
Court: Texas Supreme Court, Judge: Young, Filed On: May 3, 2024, Case #: 22-0291, Categories: Civil Procedure, Government, tort
Per curiam, the Nebraska Supreme Court finds the district court applied irrelevant case law in finding the Department of Health and Human Services did not breach its duty of care. The foster siblings allege the department breached its duty by placing them with a foster parent who sexually assaulted them. The department's argument relied on an inmate wrongful death-based case establishing tort claims exemption for the state for “[a]ny claim arising out of assault [or] battery.” The court found that another case, involving foster placement and assault applied, ruling the siblings did not provide sufficient evidence to prove the breach. The sovereign immunity analysis cannot focus only on the state's alleged negligence, ignoring that it allowed the assault to occur. Vacated in part.
Court: Nebraska Supreme Court, Judge: Per curiam, Filed On: May 3, 2024, Case #: S-21-1037, Categories: tort, Immunity, Guardianship
J. Ellis partially grants the sued trading platform’s motion to dismiss the suing financial technology company’s allegations of trade secrets misappropriation. The fintech firm accuses the trading platform of violating a prior contract to market the plaintiff’s trading software, specifically a clause prohibiting reverse-engineering the software. The court finds the fintech firm has sufficiently stated claims under the Illinois Trade Secrets Act and federal Defend Trade Secrets Act, but that these same claims preempt allegations of tortious interference with economic advantage, unfair competition, fraud and unjust enrichment.
Court: USDC Northern District of Illinois, Judge: Ellis, Filed On: May 2, 2024, Case #: 1:23cv14192, NOS: Defend Trade Secrets Act of 2016 (DTSA) - Property Rights, Categories: Fraud, Trade Secrets, tort
J. Elrod finds the district court improperly dismissed the flight attendants' injury claims as time-barred. The Texas Supreme Court answers certified questions confirming that certain civil practice and remedies code applies to invoke a prior district court’s subject matter jurisdiction with proper pleading. The code applies here where the Dallas district court dismissed the previous action for lack of jurisdiction and this second action was filed within 60 days after the flight attendants exhausted all appeals from that dismissal. Reversed.
Court: 5th Circuit, Judge: Elrod, Filed On: May 2, 2024, Case #: 22-20317, Categories: Employment, tort, Negligence
Per curiam, the appellate division finds that the lower court properly granted the flooring subcontractors' motion to dismiss a personal injury suit because the worker's accident was not in connection with their work. The accident, caused when a scaffold wheel fell into an uncovered hole, occurred two weeks after the floor subcontractors left the job. Affirmed.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: May 2, 2024, Case #: 02364, Categories: Construction, tort
J. Wright finds the trial court properly entered summary judgment in favor of the wind turbine manufacturer. The dock worker fell from a man basket while unloading turbine blades from a ship and claims the manufacturer's negligent right of control over the details of the work led to his injury. The contract established the worker's employer was an independent contractor on the jobsite. The worker failed to meet his burden to establish the manufacturer controlled or had the right to control the work he was performing. Affirmed.
Court: Texas Courts of Appeals, Judge: Wright , Filed On: May 2, 2024, Case #: 09-21-00177-CV, Categories: tort, Negligence, Contract
J. Gladwin finds the circuit court properly granted the easement in favor of the industrial board. The property owner installed a gate across a roadway that had been used by the owner as well as the board to access its own aggregate materials property for more than 30 years. The board has no other means of access, with no adequate remedy of law, and will suffer irreparable harm as a result of the owner's installing the gate. The owner had been properly served and is not entitled to relief. Affirmed.
Court: Arkansas Court Of Appeals, Judge: Gladwin , Filed On: May 1, 2024, Case #: CV-23-356, Categories: Property, tort
J. Wicker finds that the trial court properly dismissed a plaintiff's driver's claim against the defendant driver in a three car collision. In this case, the defendant driver testified that he was hit from behind by a third driver and that the impact caused his car to hit the plaintiff driver's car. The police report indicated minimum damage to the front of the defendant driver's car, supporting that he was pushed into plaintiff's car, and the photographic evidence shows a strong impact between the third driver's car and the defendant driver's car. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Wicker, Filed On: May 1, 2024, Case #: 23-CA-489, Categories: Evidence, tort, Negligence
J. Lamberth finds the Islamic Republic of Iran liable for $56,068,379.74 in compensatory damages and $168,205,139.22 in punitive damages, having already found it responsible for attacks on American servicemembers during the U.S. occupation of Iraq.
Court: USDC District of Columbia, Judge: Lamberth, Filed On: April 30, 2024, Case #: 1:17cv131, NOS: Other Personal Injury - Torts - Personal Injury, Categories: International Law, tort
J. Fitzwater finds that a patient, who claimed that a veterans’ medical center failed to notify him about aspects of his heart and lung conditions and failed to take proper steps to care for aspects of his condition, has not provide sufficient evidence to prove his claims. The patient did not provide evidence that notification would have changed his health outcome and the overall body of evidence indicates that the treatment he received either did not fall below the standard of care or was not shown to have a connection to an adverse outcome.
Court: USDC Northern District of Texas , Judge: Fitzwater, Filed On: April 30, 2024, Case #: 3:22cv982, NOS: Personal Injury - Medical Malpractice - Torts - Personal Injury, Categories: Health Care, tort, Medical Malpractice