J. Holmes grants in part this motion for attorney fees filed in connection with a motion to compel discovery. The court will award $8,000 in attorney fees as a discovery sanction, as the defendant company's nondisclosure was not "substantially justified."
Court: USDC Middle District of Tennessee , Judge: Holmes, Filed On: May 1, 2024, Case #: 3:20cv1103, NOS: Personal Injury - Product Liability - Torts - Personal Injury, Categories: Sanctions, Discovery, Attorney Fees
J. Grant finds that the district court properly awarded the store $62,000 in attorney fees as sanctions in an action against the shopping center owner arising after the store's request to exercise its option to extend the terms of its lease was denied. The owner acted in bad faith since it had knowledge of the lack of diversity jurisdiction in the case but delayed disclosing the information for more than a year. The sanction award was limited to two-thirds of the attorney fees incurred by the store after the owner discovered its diversity-destroying citizenship. The district court correctly struck the store's affidavit claiming its attorney did not act in bad faith as untimely and irrelevant. Affirmed.
Court: 11th Circuit, Judge: Grant, Filed On: May 1, 2024, Case #: 22-12461, Categories: Sanctions, Attorney Fees
J. McFadden finds that the trial court properly convicted defendant of aggravated battery and cruelty to children. The trial court correctly denied defendant's motion for a new trial. Defendant's trial counsel was not deficient for failing to file a general demurrer or motion in arrest of judgment as to one of the child cruelty counts in the indictment. Sufficient evidence was presented to support the child cruelty conviction. Affirmed.
Court: Georgia Court of Appeals, Judge: McFadden, Filed On: May 1, 2024, Case #: A24A0534, Categories: Ineffective Assistance, Battery, Child Victims
J. Stickman grants a restaurant chain’s motion for summary judgement concerning the class action claims, including unfair enrichment and breach of contract, brought by customers during a nationwide change shortage. The evidence shows modifications and waivers to the purchase-and-sale agreement were made. The customers had the opportunity to withdraw from their purchase but decided to follow through after purposely going to the restaurant to be shortchanged.
Court: USDC Western District of Pennsylvania, Judge: Stickman, Filed On: May 1, 2024, Case #: 2:20cv1448, NOS: Other Personal Property Damage - Torts - Personal Property, Categories: Fraud, Consumer Law, Contract
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J. Flanagan grants a generator production company’s partial dismissal in this product liability class action brought by an ice cream truck driver who was chemically burned when the truck’s gasoline tank malfunctioned. The driver argues the company knew the tanks were faulty, claiming fraud by omission. Because the driver fails to give sufficient information as to when the company supposedly began hiding this information, and because he does not point to any specific way that the company tried to hide information, this part of his claim fails.
Court: USDC Eastern District of North Carolina, Judge: Flanagan, Filed On: May 1, 2024, Case #: 7:23cv1329, NOS: Other Contract - Contract, Categories: Fraud, Product Liability, Contract
Per curiam, the Supreme Court of Ohio finds the lower court properly dismissed the inmate's petition for a writ of mandamus. His request for a suppression hearing after the return of his cell phone and other property by the trial court should have been brought on a direct appeal of his other postconviction motions for relief. Affirmed.
Court: Ohio Supreme Court, Judge: Per curiam, Filed On: May 1, 2024, Case #: 2024-Ohio-1624, Categories: Criminal Procedure, Search, Sex Offender
J. Barrett finds the circuit court improperly found the romantic partner would be unjustly enriched. The homeowner added her partner's name to the deed of the house under the assumption the parties would be married. After the sale of the house, the partner claimed he was allowed to keep half of the net proceeds from the sale as a joint tenant. The owner made a gift to her partner when she placed his name on the deed. Though the owner regrets the decision, this is not a valid basis for setting aside a deed. Reversed.
Court: Arkansas Court Of Appeals, Judge: Barrett , Filed On: May 1, 2024, Case #: CV-23-27, Categories: Civil Procedure, Property, Contract
J. Procaccini promulgates amendments to the Minnesota General Rules of Practice for the District Courts and Minnesota Rules of Civil Appellate Procedure as two-year pilot project. The amendments allow for continuances for the purpose of allowing personal leave for attorneys under certain covered circumstances, including the birth or adoption of a child, health conditions, the death of a family member or the need to care for a spouse, household member or family member.
Court: Minnesota Supreme Court, Judge: Procaccini, Filed On: May 1, 2024, Case #: ADM09-8009, Categories: Administrative Law, Civil Procedure
[Consolidated.] J. Engelhardt finds the district court improperly found the Indian citizen's claims are governed by the Jones Act and general maritime law. The Indian citizen says he contracted malaria in Africa while working on a Liberian ship managed by the Singaporean ship management company. The ship worker suffered gangrene, having several toes amputated, and contends the management company failed to provision the ship while in a U.S. port despite knowing it lacked antimalarial medication. He has not asserted or shown the relevant portions of the law of Singapore or India conflict with the law of Liberia; therefore, the law of the ship's flag prevails. Reversed.
Court: 5th Circuit, Judge: Engelhardt , Filed On: May 1, 2024, Case #: 22-30758, Categories: Health Care, Maritime, Choice Of Law
J. Gremillion finds that the trial court improperly found that the Calcasieu Parish Police Jury (CPPJ) was not at fault for a tree falling on a truck and killing the passenger. Dr. Frederick Fellner, an urban forester, submitted an affidavit and deposition that raises a genuine issue of material fact as to whether the CPPJ should have identified the tree as a hazard to the motoring public and thus taken remedial action. Reversed.
Court: Louisiana Court Of Appeal, Judge: Gremillion, Filed On: May 1, 2024, Case #: CA-23-579, Categories: Negligence, Experts, Wrongful Death
J. Savoie finds that the lower court improperly terminated the father's parental rights over his child. There is no case plan in the record and the caseworker testified that she never met with the father. Furthermore, it appears the father was never ordered to pay child support so his rights cannot be terminated for failing to pay support. Reversed.
Court: Louisiana Court Of Appeal, Judge: Savoie, Filed On: May 1, 2024, Case #: JAC-24-46, Categories: Family Law
J. Egan finds the trial court properly dismissed a trustee's claim that mine owners breached an agreement to sell a gold mine to the trust, seeking specific performance. “The complaint was required to be signed by an attorney, and it was not.” Affirmed.
Court: Oregon Court of Appeals, Judge: Egan, Filed On: May 1, 2024, Case #: A179038, Categories: Trusts
J. Tookey finds the Land Use Board of Appeals erred in determining that The Confederated Tribes of the Warm Springs Reservation of Oregon did not preserve its right to appeal over issues related to a new business development. “Board had fair notice of the Tribe’s assertion that an evaluation of the ‘no net loss’ standard implicated consideration of the Tribe’s treaty-protected fishery resource.” Reversed.
Court: Oregon Court of Appeals, Judge: Tookey, Filed On: May 1, 2024, Case #: A183421, Categories: Native Americans, Zoning, Water
J. Egan finds the trial court properly committed an individual. “Appellant’s behavior prior and up to the commitment hearing provided the trial court sufficient evidence to determine that appellant was” highly likely to engage in violent behavior. Affirmed.
Court: Oregon Court of Appeals, Judge: Egan, Filed On: May 1, 2024, Case #: A180059, Categories: Commitment
J. Powers finds the trial court properly resolved a dissolution dispute related to property. A husband paid off a mortgage from a “personal” bank account, the property never generated income, and the wife never lived in the house or contributed to it in any manner. Affirmed.
Court: Oregon Court of Appeals, Judge: Powers, Filed On: May 1, 2024, Case #: A176322, Categories: Family Law
Per curiam, the Appeals Court finds the trial court erred by denying a wife’s petition to set aside the default judgment in this dissolution case. “The default judgment, rendered without a further hearing or evidence, exceeded the terms alleged by husband.” Reversed.
Court: Oregon Court of Appeals, Judge: Per curiam, Filed On: May 1, 2024, Case #: A178809, Categories: Family Law
J. Fallon grants a request by officials of a parish council, dismissing the claims of a resident alleging they violated his due process rights by improperly denying him a permit to sell Valentine’s Day gifts. The entrepreneur’s councilman withdrew an enabling resolution, after admonishing the resident for his treatment of council staff. He accused parish elected officials of abuse of power. The Valentine’s Day salesman’s suit is dismissed as previously litigated in state courts.
Court: USDC Eastern District of Louisiana , Judge: Fallon, Filed On: May 1, 2024, Case #: 2:23cv2035, NOS: Other Civil Rights - Civil Rights, Categories: Civil Procedure, Constitution, Government
J. Lagesen finds the post-conviction court erred in denying relief on defendant's claim that trial counsel was constitutionally inadequate for not objecting to the trial court’s imposition of enhanced sentences. Counsel should have recognized "that the application of the statute would require a factual determination that at least one of the convictions…involved a separate criminal episode.” Reversed.
Court: Oregon Court of Appeals, Judge: Lagesen, Filed On: May 1, 2024, Case #: A178824, Categories: Ineffective Assistance, Sentencing, Sex Offender
J. Prost finds that the district court improperly dismissed patent claims for lack of standing because the company retained an interest in the patent through the security agreement. Reversed.
Court: Federal Circuit, Judge: Prost, Filed On: May 1, 2024, Case #: 2022-2207, Categories: Patent, Contract
J. Vance grants the unopposed request for summary judgment to a Toyota manufacturer and a sales company, dismissing product liability claims by the driver of a 2014 Lexus ES350 who alleges injuries from the car’s airbag failure to deploy when he crashed into a guard rail. The Toyota companies presented certified medical records taken at the hospital where the litigant was treated after the accident, in which the treating physician stated that he reportedly “drank a significant amount of alcohol and then crashed his car on purpose [in] an attempt to end his life secondary to depression and suicidal thoughts after a break-up 5 months ago.” Furthermore, the litigant has failed to present evidence sufficient to establish the essential elements of his defective airbag claims.
Court: USDC Eastern District of Louisiana , Judge: Vance, Filed On: May 1, 2024, Case #: 2:22cv4607, NOS: Personal Injury - Product Liability - Torts - Personal Injury, Categories: Evidence, Vehicle, Product Liability