J. Barbier, following a bench trial, finds that the owner of a twin-screw pushboat breached its contract with a shipyard for repairs, and owes the shipyard for work invoiced at $572,113. The ruling finds that the shipyard is entitled to prejudgment interest at a rate of 6% per annum from July 30, 2021, until paid.
Court: USDC Eastern District of Louisiana , Judge: Barbier, Filed On: June 7, 2023, Case #: 2:22cv1169, NOS: Marine - Contract, Categories: Evidence, Maritime, Contract
J. Cain grants the U.S. government’s motion to dismiss a neo-Nazi prison gang member’s million-dollar suit against a federal prison in Louisiana, arising from injuries sustained in a razor slashing attack by an inmate from a notorious Mexican gang, despite the litigant declaring his rival gang affiliation to a prison screening officer. The litigant-prison gang member fails to overcome the government’s assertion of immunity from liability.
Court: USDC Western District of Louisiana , Judge: Cain, Filed On: June 7, 2023, Case #: 2:22cv1184, NOS: Federal Employers’ Liability - Torts - Personal Injury, Categories: Employment, Government, Damages
J. Jones finds the trial court improperly ruled against the Texas Department of Family and Protective Services in a suit affecting the parental rights of a mother and father. On appeal, the department argues that the trial court erred by not terminating the parent's rights in the best interest of their child. The evidence supports the findings that it would be in the best interest of the child to terminate the parental rights of their parents. Reversed.
Court: Texas Courts of Appeals, Judge: Jones, Filed On: June 7, 2023, Case #: 03-22-00705-CV, Categories: Evidence, Family Law, Guardianship
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J. Miller finds that the trial court properly found in favor of the landlord in a housing discrimination action brought by the tenant under the Fair Housing Act and Georgia's Fair Business Practices Act. The action arose from a dispute over whether the landlord made reasonable accommodations for the tenant's PTSD disability. There is no evidence that the landlord ever actually refused the tenant's request for a service animal or took negative actions against him for his service animal. The tenant failed to show that waiving pet fees was necessary to accommodate his PTSD. Affirmed.
Court: Georgia Court of Appeals, Judge: Miller, Filed On: June 7, 2023, Case #: A23A0568, Categories: Housing
[Consolidated.] J. Hodges finds that the trial court improperly denied the EMS company's motion to exclude testimony from the estate's expert witness in a negligence action brought by the estate after the decedent died of an intentional drug overdose. The action arose after EMTs cancelled their response following instructions from police who investigated the scene of the 911 call. The expert failed to establish a recognized standard of care which would have required the company to do more or override what responders were told by law enforcement. The expert was also not authorized to testify on the issue of the company's training procedures because he knew nothing about how the company's crew was trained. However, the trial court correctly granted in part the company's motion for summary judgment on the estate's punitive damages and attorney fees claims. Reversed.
Court: Georgia Court of Appeals, Judge: Hodges, Filed On: June 7, 2023, Case #: A23A0291, Categories: Negligence, Experts
Per curiam, the appellate division finds that the lower court properly found for the state on an administrative law judge's age discrimination claims. The judge failed to show that the temporary suspension of his supervisory duties, and the decision not to consider him for a new position was motivated by consideration of his age. Affirmed.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: June 7, 2023, Case #: 03030, Categories: Employment Discrimination
J. Morrison, who presided over a bench trial, finds in favor of a VBlack former real estate agent on her remaining claim for employment-related retaliation brought against a Hamptons-based real estate firm. The court finds the firm’s reasons for her termination were pretextual and in retaliation for complaints she made alleging she was subjected to racial discrimination by her supervisor, and subsequently awards her $787,896 in both compensatory and punitive damages.
Court: USDC Eastern District of New York, Judge: Morrison, Filed On: June 7, 2023, Case #: 2:18cv1390, NOS: Employment - Civil Rights, Categories: Employment Discrimination, Employment Retaliation
J. Rovner finds that the lower court improperly dismissed a Fair Debt Collection Practices Act suit alleging that a debt servicer improperly sent her misleading notices of a debt she owed to a different entity. The servicer's letter led the debtor to unnecessarily expend additional time and money to re-validate her debt, to ensure that it was accurate and valid. Reversed.
Court: 7th Circuit, Judge: Rovner, Filed On: June 7, 2023, Case #: 21-2792, Categories: Debt Collection, Consumer Law
Per curiam, the appellate division finds that the lower court properly dismissed a personal injury suit stemming from a trip and fall on a sidewalk in front of a CVS Pharmacy. The height differential between the sidewalk and the curb where the customer tripped was physically insignificant and did not create a dangerous condition. Affirmed.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: June 7, 2023, Case #: 03002, Categories: Tort
J. Seeger finds that the U.S. District Court of Northern Illinois has diversity jurisdiction over this product liability class action filed against a cold and flu medicine manufacturer. The class claims that the manufacturer’s “non-drowsy” cold medicine actually did make them drowsy. The lead plaintiff in the class is a New York citizen, the manufacturer is registered in Delaware but does business mainly in Illinois, and the contested damages exceed $5 million. The court finds these facts together are sufficient to justify diversity jurisdiction.
Court: USDC Northern District of Illinois, Judge: Seeger, Filed On: June 7, 2023, Case #: 1:22cv747, NOS: Contract Product Liability - Contract, Categories: Product Liability, Jurisdiction, Class Action
J. Nucor denies, in part, a steel manufacturer's motion to dismiss a couple's claims related to the death of their son, who died from a gunshot wound after testing an allegedly faulty bullet-proof vest. The couple has adequately pleaded their manufacturing defect claim.
Court: USDC Western District of North Carolina, Judge: Bell, Filed On: June 7, 2023, Case #: 3:23CV29, NOS: Personal Injury - Product Liability - Torts - Personal Injury, Categories: Product Liability, Wrongful Death
J. Tanenbaum denies the state a writ of certiorari after the trial court excluded evidence demonstrating the severity of the victim's injuries in defendant's trial for misdemeanor battery because the decision was within the court's discretion.
Court: Florida Courts Of Appeal, Judge: Tanenbaum, Filed On: June 7, 2023, Case #: 1D21-0361, Categories: Evidence, Battery
J. Merkl grants a second motion to effect substitute service on three Hezbollah-related media entities for claims brought under the Anti-Terrorism Act by American citizens who were injured by rocket and missile attacks in Israel. The plaintiffs provided expert testimony that sufficiently claimed the three entities were still under Hezbollah’s control and that the service papers will make its way through the chain of command and into the hands of the organization’s top officials.
Court: USDC Eastern District of New York, Judge: Merkl, Filed On: June 7, 2023, Case #: 1:18cv7449, NOS: Other Statutory Actions - Other Suits, Categories: Terrorism
J. O’Connell denies Honeywell’s motion for judgment on the pleadings to sustain the appeal on claims that the government has failed to state a claim that it has paid too much on the general and administrative expenses on this contract for sensor and guidance products. Though expense and cost regulations provide a contractor with discretion, Honeywell’s pleadings shed no light on whether it acted with “reasonable discretion.” Contracts where the government pays G&A expenses are easily abused and the government has made convincing arguments that Honeywell’s discretion is not as broad as it says. Once the total cost input base was selected, Honeywell was limited by language specifying what goes into “all significant elements,” “total cost” and “total activity.”
Court: Armed Services Board Of Contract Appeals, Judge: O’Connell, Filed On: June 7, 2023, Case #: 63286, Categories: Government, Military, Contract
J. Tjoflat finds that the district court properly dismissed the estate's civil rights, excessive force and disability discrimination action against the sheriff and correctly found in favor of the officers and the medical services employee. The action arose from the decedent's death due to cardiovascular collapse in jail custody after officers restrained, hit and tasered him. The sheriff is entitled to immunity because he acted as an arm of the state with respect to force policy and training officers as well as providing medical care. The officers' use of force was not clearly unreasonable. However, the district court improperly found in favor of the jail medical services provider on the estate's medical malpractice claim. Affirmed in part.
Court: 11th Circuit, Judge: Tjoflat, Filed On: June 7, 2023, Case #: 22-10441, Categories: Civil Rights, Ada / Rehabilitation Act, Medical Malpractice
J. Ripple finds that the lower court properly denied defendant's habeas petition claiming that a prosecutor improperly told the jury an acquittal would require them to find the witnesses were lying. Defendant argued this forced him to prove his innocence, making his trial unfair. On de novo review, "the prosecutor's comments might give us significant pause," but the federal court's review is deferential to the state court's decision, which was not an unreasonable application of federal law. Affirmed.
Court: 7th Circuit, Judge: Ripple, Filed On: June 7, 2023, Case #: 21-2819, Categories: Fair Trial, Sex Offender, Witnesses