73 results for 'court:"USDC Eastern District of Missouri"'.
J. White grants the insurer's motion to exclude plaintiff's expert testimony regarding how the insurer departed from industry standards in handling the plaintiff's motor vehicle claim because she is a legal expert, not an expert on insurance industry standards. The insurer's partial motion for summary judgment is also granted limiting the amount of uninsured motor vehicle coverage to $25,000.
Court: USDC Eastern District of Missouri, Judge: White, Filed On: January 18, 2024, Case #: 4:22cv724, NOS: Insurance - Contract, Categories: Insurance, Vehicle, Experts
J. Pitlyk finds that the lower court properly denied both parties' motion for attorney's fees in this trademark dispute over the use of a family name in connection with competing HVAC businesses. Although the jury found the defendant justified in using his name to open a new HVAC business to compete with his family members, the plaintiff business's position was not frivolous, so the defendant is not entitled to fees.
Court: USDC Eastern District of Missouri, Judge: Pitlyk, Filed On: January 12, 2024, Case #: 4:19cv200, NOS: Trademark - Property Rights, Categories: Trademark, Attorney Fees
J. Crites-Leoni largely denied the defendant brother's motion for partial judgment on the pleadings in a dispute over the brothers' joint ownership of a large amount of farmland. There is sufficient evidence in the record to support the existence of a partnership between the borhters, not just a landlord-tenant farming arrangement. Therefore, the plaintiff brother has standing to sue his brother for allegedly fraudulently misrepresenting the amount of income being generated by the farm.
Court: USDC Eastern District of Missouri, Judge: Crites-Leoni, Filed On: January 12, 2024, Case #: 1:21cv34, NOS: Recovery of Overpayment & Enforcement of Judgment - Contract, Categories: Fraud, Real Estate, Partnerships
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J. Mensah grants the media company's motion to exclude the newspaper distributors' damages expert in a contract suit alleging the company breached the distributors' exclusive home delivery rights for the St. Louis Post-Dispatch newspaper by offering an electronic version of the paper. The expert's opinion is based on the presumption that the contracts entitle the distributors to a fee for each digital delivery, but this presumption is not supported by the text of the agreements.
Court: USDC Eastern District of Missouri, Judge: Mensah, Filed On: December 28, 2023, Case #: 4:22cv344, NOS: Other Contract - Contract, Categories: Experts, Contract
J. Fleissig partially denies the school district's motion to quash a third-party subpoena directed at the firm it hired to investigate allegations of sexual abuse of students by school staff in the 1980s. The evidence does not indicate that the firm was retained to provide legal advice, so the information it has accumulated in its investigation is not protected by attorney-client privilege, nor was the information collected in anticipation of litigation. However, information relating to allegations of abuse by school staff that allegedly took place after the plaintiff's alleged abuse are not relevant to her claims.
Court: USDC Eastern District of Missouri, Judge: Fleissig, Filed On: December 15, 2023, Case #: 4:21cv1130, NOS: Other Civil Rights - Civil Rights, Categories: Tort, Discovery, Privilege
J. Ross denies the company's motion to dismiss a consumer's class action alleging violations of the Telephone Consumer Protection Act. The consumer claims he received multiple text messages encouraging him to use the company's service to sell his home, but he never consented to receiving the text messages. The messages were not merely an offer to purchase the consumer's home, but to provide a service for an effective fee. Therefore, the TCPA claims may proceed.
Court: USDC Eastern District of Missouri, Judge: Ross, Filed On: December 15, 2023, Case #: 4:23cv126, NOS: Telephone Consumer Protection Act (TCPA) - Other Suits, Categories: Communications, Class Action
J. Collins grants the plaintiff company's motion for damages upon the entry of default judgment against the German equipment seller in the amount of $988,000 plus $57,000 in sanctions for intentional misconduct.
Court: USDC Eastern District of Missouri, Judge: Collins, Filed On: November 22, 2023, Case #: 4:20cv359, NOS: Other Contract - Contract, Categories: Sanctions, Damages, Contract
J. Autrey grants the employer's motion for summary judgment in a wage and hour suit accusing it of not compensating employees for lunch breaks not taken because it automatically deducted lunch breaks from the employees' pay. The employer had a reasonable process for employees to report uncompensated work time, and is not liable for non-payment if employees fail to follow the established process.
Court: USDC Eastern District of Missouri, Judge: Autrey, Filed On: October 13, 2023, Case #: 4:21cv182, NOS: Fair Labor Standards Act - Labor, Categories: Employment