44 results for 'court:"USDC Vermont"'.
J. Reiss partially grants the individual's motion to exclude the resort's biomechanical engineering expert in a negligence action arising from injuries the individual suffered in a skiing accident. The individual fell while skiing and collided with the resort's snow-making equipment, rendering him a paraplegic. The expert may not give a causation opinion based on his qualitative analysis of the mechanisms of the individual's injuries. A computer model created by the expert to determine the possible force on the individual's spine during the collision is also excluded, as well as any opinions based on it. The individual's motion to exclude the expert's photogrammetric analysis is denied.
Court: USDC Vermont, Judge: Reiss, Filed On: July 27, 2023, Case #: 2:20cv165, NOS: Other Personal Injury - Torts - Personal Injury, Categories: Negligence, Experts
J. Reiss finds in favor of the commissioner in a fraud, conversion, breach of fiduciary duty and racketeering action against the company owner in the amount of $66 million. The commissioner's motion for entry of default was previously granted. The commissioner is entitled to $25 million in compensatory damages based on the owner's conversion and misappropriation of assets. The commissioner is also entitled to $25 million in damages on the fiduciary duty claim based on the owner's bad faith actions in profiting at the company's expense and he is entitled to treble damages on the RICO claim.
Court: USDC Vermont, Judge: Reiss, Filed On: July 21, 2023, Case #: 2:20cv173, NOS: Racketeer Influenced and Corrupt Organizations (RICO) - Other Suits, Categories: Fraud, Damages, Racketeering
J. Reiss grants an insurance company's motion to dismiss the parents' wrongful death action alleging that the homeowner had loaded and unsecured firearms in her bedroom and was within the scope of her employment when their son accidentally killed himself with a pistol. The parents did not plausibly allege the homeowner's storing of the firearms was "conduct within the scope of her employment" or that a "special relationship" imposed a duty on the company to control her actions outside her employment.
Court: USDC Vermont, Judge: Reiss, Filed On: July 20, 2023, Case #: 2:22cv199, NOS: Other - Forfeiture/Penalty, Categories: Civil Procedure, Negligence, Wrongful Death
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J. Sessions denies the company's motion to dismiss the nuisance case, where the school district alleges the company's polychlorinated biphenyls, or PCBs, are contaminating school buildings. The company is not entitled to dismissal based on the statute of limitations, and the school district sufficiently stated its nuisance and trespass claims.
Court: USDC Vermont, Judge: Sessions, Filed On: June 26, 2023, Case #: 2:22cv215, NOS: Torts to Land - Real Property, Categories: Civil Procedure, Environment, Tort