105 results for 'filedAt:"2023-05-22"'.
J. Sweeney allows the city to continue claims contending a broadband services company delayed in installing technology that failed to meet the city's needs because the company may have misrepresented its capability upon bidding to provide services.
Court: USDC Colorado, Judge: Sweeney, Filed On: May 22, 2023, Case #: 1:21cv2063, NOS: Other Contract - Contract, Categories: Contract
J. Barbier grants summary judgment to State Farm, dismissing a homeowner’s charges that the insurance giant acted in “bad faith” when it denied coverage, arising from storm damage by Hurricane Ida in 2021. The evidence demonstrates that State Farm had a “reasonable basis” to question whether the cause of the damage was covered under the homeowner's policy, which did not cover flood or mold losses. Therefore, State Farm did not act arbitrarily or capriciously in denying her insurance claim.
Court: USDC Eastern District of Louisiana , Judge: Barbier, Filed On: May 22, 2023, Case #: 2:22cv581, NOS: Insurance - Contract, Categories: Construction, Insurance, Damages
J. Oldham finds the district court improperly found the insurance company does not have a duty to defend the Tarrant Regional Water District under its commercial general liability policy for a pipeline project where a worker died. The court’s analysis of the location of a colon in a sentence in a particular endorsement in the contract makes it clearly applicable to the actions of supervisory personnel. Even assuming that the policy is “susceptible to more than one reasonable interpretation,” the Fifth Circuit resolves ambiguity in favor of coverage. Reversed and remanded.
Court: 5th Circuit, Judge: Oldham, Filed On: May 22, 2023, Case #: 22-10107, Categories: Construction, Insurance, Water
J. Shah partially grants a group of Chicago police officers’ motions for summary judgment on malicious prosecution, conspiracy and intentional tort claims, brought by a man wrongfully imprisoned by almost three decades. The police in question framed the man for a 1991 murder by planting false evidence and coercing his confession, and he was only released on an overturned conviction in 2018. The court grants judgment to several individual officers who have not been sufficiently tied to the framing, but the counts stand against the rest.
Court: USDC Northern District of Illinois, Judge: Shah, Filed On: May 22, 2023, Case #: 1:19cv2204, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Malicious Prosecution, Police Misconduct
Want access to unlimited case records and advanced research tools? Create your free CasePortal account now. No credit card required to register.
Try CasePortal for Free
J. Buch finds for the taxpayer in this tax deficiency dispute because the taxpayer adequately disclosed the gift on his 2006 gift return, and the commissioner issued the notice of deficiency more than three years after the filing.
Court: U.S. Tax Court, Judge: Buch, Filed On: May 22, 2023, Case #: 2023-65, Categories: Civil Procedure, Tax
J. Freeman grants the smart-building company and its officers' motions to dismiss the investor's putative class action for securities fraud against them. The investor has not sufficiently alleged the statutory standing or loss causation required to bring a claim under Section 11 of the Securities Act, and the officers have sufficiently argued that a due-diligence affirmative defense applies. The investor also has not sufficiently shown that the company's statements of opinion were false under Section 11. He also as not shown that he has statutory standing for a claim under Section 12, standing, loss causation or solicitation under Section 14, or scienter or loss causation under Section 10, among other issues.
Court: USDC Northern District of California, Judge: Freeman, Filed On: May 22, 2023, Case #: 5:21cv6374, NOS: Securities/Commodities/Exchange - Other Suits, Categories: Securities, Class Action
J. Gilliam grants lead-plaintiff status to the union fringe benefit funds in a securities-fraud class action alleging that the online clothing company deceived investors in claiming that its new supplementary business model would not "cannibalize" its previous model. The retirement funds have a larger financial interest in the litigation than their competitor for the lead plaintiff spot, the New Mexico State Investment Council, and its claims are typical and adequate to represent the class.
Court: USDC Northern District of California, Judge: Gilliam, Filed On: May 22, 2023, Case #: 4:22cv4893, NOS: Securities/Commodities/Exchange - Other Suits, Categories: Securities, Class Action
J. Frimpong grants a TV ad efficacy measurement company's motion to dismiss a television advertising data company's trade secrets claims. The advertising data company alleges that an employee of the TV ad efficacy company downloaded ads and data in violation of their agreement, and then launched a competitive product. However, the company has not shown that the employee, or any employee, using her credentials to access the database qualifies as circumvention under the anticircumvention provision of the Digital Millennium Copyright Act.
Court: USDC Central District of California, Judge: Frimpong, Filed On: May 22, 2023, Case #: 2:21cv6815, NOS: Defend Trade Secrets Act of 2016 (DTSA) - Property Rights, Categories: Trade Secrets
J. Cabell grants, in part, a company's motion for a protective order limiting the deposition of its principal in an individual's case pertaining to the loss of his eye after he fell onto a fishhook while serving as captain aboard the company's ship. The potentially 14-hour deposition will be limited to a total of 8 hours due to the principal's health difficulties.
Court: USDC Massachusetts, Judge: Cabell, Filed On: May 22, 2023, Case #: 1:22cv10408, NOS: Marine - Torts - Personal Injury, Categories: Civil Procedure, Maritime, Negligence
J. Casper denies, in part, an airline's motion to dismiss a group of pilots' claims pertaining to an employment contract that required them to repay $30,000 if they failed to work for the airline for 12 to 18 months as captain for the investment the company allegedly put into their training. The contract and unjust enrichment claims are not preempted by a collective bargaining agreement, and the pilots have adequately pleaded their claims for federal and state labor violations, violations of the Trafficking Victims Protection Act and state civil rights violations.
Court: USDC Massachusetts, Judge: Casper, Filed On: May 22, 2023, Case #: 1:22cv10649, NOS: Fair Labor Standards Act - Labor, Categories: Civil Rights, Labor, Aviation
J. Carney finds in favor of the U.S. Department of Veteran Affair for the former blind rehabilitation specialist’s claim that she was fired from her probationary position at the Tibor Rubin VA Medical Center’s Blind Rehabilitation Center because she is a brown-skinned Hispanic who raised concerns about disparate workplace treatment, patient wait times and faulty equipment. The former employee does not show that the “legitimate, nondiscriminatory, nonretaliatory” reasons for her termination were pretextual, because they were based on her poor work performance and disrespectful conduct.
Court: USDC Central District of California, Judge: Carney, Filed On: May 22, 2023, Case #: 8:21cv1283, NOS: Employment - Civil Rights, Categories: Employment, Employment Discrimination, Employment Retaliation
J. Jenkins finds that the trial court properly determined that a lender's claim against a borrower did not prescribe. Although the lender sent a letter to the borrower stating that he was in default, the letter did not state that it was accelerating or requiring the borrower to pay the entire outstanding balance. Therefore, the letter was not an exercise of the option for the lender to accelerate the note, and the claim has not prescribed. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Jenkins, Filed On: May 22, 2023, Case #: 2022-CA-0457, Categories: Banking / Lending, Contract
J. Caproni finds for the London silver dealers who set the daily price of silver bullion at a Walrasian auction in an antitrust suit. The investors do not account at all for the
presence of extraneous market forces, and therefore cannot prove that defendant's alleged manipulation of the silver market artificially depressed silver prices at the time of the investors' trades.
Court: USDC Southern District of New York, Judge: Caproni, Filed On: May 22, 2023, Case #: 1:14cv9112, NOS: Antitrust - Other Suits, Categories: Antitrust
J. Chesney dismisses several employment claims against Skywest Airlines from a pilot who says the airline does not pay their California-based pilots proper overtime wages or provide proper meal breaks. The meal and rest break claims are preempted by the Federal Aviation Act. The pilot's expenditure reimbursement claim fails because he was not required to use his personal cell phone to clock in or to communicate with traffic controllers and dispatchers.
Court: USDC Northern District of California, Judge: Chesney, Filed On: May 22, 2023, Case #: 3:21cv4674, NOS: Fair Labor Standards Act - Labor, Categories: Employment, Preemption
J. Lindsay orders a 4-year-old child be returned to her father in Italy after the mother allegedly removed her to the U.S. in violation of Italian law and the parties' custody agreement. The parties had agreed Italy would be the child's residence, the mother fails to show the father physically abused or neglected their child, and evidence supports she wrongfully removed the child from Italy.
Court: USDC Northern District of Texas , Judge: Lindsay, Filed On: May 22, 2023, Case #: 3:23cv586, NOS: Other Statutory Actions - Other Suits, Categories: Family Law
J. Thrash partially grants the employer's motion to dismiss an action brought by the relator alleging violations of the False Claims Act. The relator claimed that the employer billed the government for durable medical equipment which was medically unnecessary, overpriced or not in compliance with state healthcare regulations. However, the relator's claims with regard to some violations of the licensing scheme raise concerns as to whether the equipment supplied by the employer was safe and effective for patients in Florida to use. The relator also presented facts showing that the employer's licensing lapses were knowing and not the result of simple negligence.
Court: USDC Northern District of Georgia, Judge: Thrash, Filed On: May 22, 2023, Case #: 1:20cv4181, NOS: Qui Tam (31 U.S.C. § 3729(a)) - Torts - Personal Property, Categories: False Claims
J. Kugler grants an insurer a court order stating a second insurer must provide a construction company indemnification in personal injury claims and reimburse the insurer for defense costs because the company was an additional insured under the second insurer's policy, which thus constitutes the primary policy.
Court: USDC New Jersey, Judge: Kugler , Filed On: May 22, 2023, Case #: 1:21cv7668, NOS: Insurance - Contract, Categories: Insurance
J. Lynch finds that the district court properly held that an insurer's settlement liability in prior claims concerning soil and water pollution by Dole Food's predecessor was covered by Dole's own reinsurance policy. Under governing English law, the reinsurer's obligation matched that of the insured rather than merely a portion of liability. Affirmed.
Court: 2nd Circuit, Judge: Lynch, Filed On: May 22, 2023, Case #: 20-3559-cv, Categories: Insurance, Damages
J. Zimmerman finds the lower court properly granted the shopping center's motion for summary judgment on the patron's trip and fall claim. The curb in the parking lot was not hidden and, therefore, was an open and obvious hazard under Ohio law. Affirmed.
Court: Ohio Court Of Appeals, Judge: Zimmerman, Filed On: May 22, 2023, Case #: 2023-Ohio-1703, Categories: Evidence, Negligence
J. Smith finds that the lower court properly granted summary judgment in favor of the appellee in this dispute over the ownership of a dog. The appellant sued for conversion, after her sister allegedly took her dogs to the animal shelter and one of them was released to appellee for adoption. However, she failed to provide sufficient evidence to support her conversion claim. Affirmed.
Court: Texas Courts of Appeals, Judge: Smith, Filed On: May 22, 2023, Case #: 05-22-00016-CV, Categories: Evidence, Conversion
J. Pratt rules in part for a casino in civil rights and racial discrimination claims based on incidents with patrons and employees, but denies attorney fees since the claims were not frivolous. However, the casino should be granted about $1,800 in court costs.
Court: USDC Southern District of Indiana, Judge: Pratt, Filed On: May 22, 2023, Case #: 1:19cv4890, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Attorney Fees
J. McHaney finds that the lower court improperly terminated the father's parental rights. The state failed to conduct a diligent inquiry to locate the father as required for service by publication, and in fact, the state failed to even attempt to serve the father by personal service or certified mail despite knowing a recent address. Reversed.
Court: Illinois Appellate Court, Judge: McHaney, Filed On: May 22, 2023, Case #: 230012, Categories: Civil Procedure, Family Law