133 results for 'filedAt:"2024-03-08"'.
[Consolidated.] J. Scudder finds that the lower court properly dismissed a woman's state law claims against her insurer arising out of coverage requests following a fire that destroyed her restaurant. Under the terms of the policy, the woman agreed to resolve part of the dispute through an appraisal process resembling arbitration, and there is no merit to her claim that the appraisal umpire did not understand his assigned task to calculate the actual cash value of the restaurant. Affirmed.
Court: 7th Circuit, Judge: Scudder, Filed On: March 8, 2024, Case #: 23-2282, Categories: Insurance, Contract
J. St. Eve finds that the lower court properly rejected the employee's employment retaliation claims at a jury trial. The court's jury instructions were not misleading, even if they asked the jury to question the employer's "belief" for firing the employee. Further, the court was within its discretion to deny the employee's for-cause challenge to a prospective juror based on an alleged bias against Black men. Affirmed.
Court: 7th Circuit, Judge: St. Eve, Filed On: March 8, 2024, Case #: 22-2619, Categories: Jury, Employment Retaliation
J. Kirsch finds that the lower court properly found for the city on a former police officer's ADA claims alleging it failed to accommodate his sleep apnea. The city offered the officer several reasonable accommodations, but it was never able to implement any of them because he was disciplined for pressuring subordinates to support him against the city and for improperly storing police personnel files. Affirmed.
Court: 7th Circuit, Judge: Kirsch, Filed On: March 8, 2024, Case #: 23-2140, Categories: Ada / Rehabilitation Act, Employment Retaliation
J. Mitchell finds the lower court properly determined that an attorney who was appointed as the administrator ad colligendum of the decedent's estate was not permitted to bring a wrongful death action against rehabilitation center. Caselaw specifies that only executors and general administrators may serve as personal representatives in a wrongful death action.
Court: Alabama Supreme Court, Judge: Mitchell, Filed On: March 8, 2024, Case #: SC-2023-0635, Categories: Wills / Probate, Jurisdiction, Wrongful Death
J. Land finds that the trial court properly granted defendant's motion to suppress the results of a blood test for drugs. Defendant was charged with DUI offenses. The warrant was specifically limited to the drawing and testing of defendant's blood for alcohol and made no mention of testing for drugs. The warrant therefore did not authorize the drug testing. Affirmed.
Court: Georgia Court of Appeals, Judge: Land, Filed On: March 8, 2024, Case #: A23A1769, Categories: Search, Dui
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J. Saylor denies a car manufacturer’s motion to dismiss as to three claims against it but allows the dismissal of all other claims brought against it through a class action of purchasers and lessees. The class sufficiently brings evidence of its breach of implied warranty claim and fraudulent misrepresentation claim, and it also sufficiently alleges that the manufacturer violated the Transportation Recall Enhancement, Accountability and Documentation Act.
Court: USDC Massachusetts, Judge: Saylor, Filed On: March 8, 2024, Case #: 1:23cv10829, NOS: Property Damage Product Liability - Torts - Personal Property, Categories: Vehicle, Product Liability, Class Action
J. Berton partially grants a motion for summary judgment by a professional photographer in a lawsuit against a company that used edited versions of his photos on its commercial Facebook page because, while the photographer has established that the business violated his copyrights, he has not shown that the infringement will “tarnish his reputation” or established the dollar amount of lost licensing.
Court: USDC Western District of Texas , Judge: Berton, Filed On: March 8, 2024, Case #: 3:22cv271, NOS: Copyrights - Property Rights, Categories: Copyright, Licensing, Damages
J. Casper denies three insurance companies’ motion to dismiss the first amended complaint for breach of contract and seeking relief brought against them through a class action. Depreciation doesn’t necessarily include labor costs in an insurance policy that doesn’t expressly say that it does, because to assume otherwise wouldn’t interpret insurance policies liberally in favor of the insured.
Court: USDC Massachusetts, Judge: Casper, Filed On: March 8, 2024, Case #: 1:22cv11466, NOS: Insurance - Contract, Categories: Insurance, Contract, Labor
J. Blacklock finds that the court of appeals improperly ruled in favor of a doctor in a case brought by a patient of his who claims he released her from the hospital prematurely and is liable for damages she sustained in a fall. While the patient filed her suit within the tolling period of the statute of limitations, the form was incomplete, leading the court of appeals to find in favor of the doctor. However, an incomplete from is still viable for the tolling of the limitations period. Therefore, the patient's claims are ripe. Reversed.
Court: Texas Supreme Court, Judge: Blacklock, Filed On: March 8, 2024, Case #: 22-0435, Categories: Civil Procedure, Medical Malpractice
Per curiam, the appeals court finds the trial court improperly granted summary judgment to the insurance company in the disaster management business' lawsuit over coverage involving an accident at a job site in Louisiana where workers were cleaning up an oil spill. The trial court incorrectly concluded that the business lacked standing, that its claims were barred by judicial estoppel, and that there were no disputes of fact over whether the insurance company obtained the coverage the business requested, so its order is reversed and the case is remanded for further proceedings. Reversed.
Court: Florida Courts Of Appeal, Judge: Per curiam, Filed On: March 8, 2024, Case #: 23-0182, Categories: Civil Procedure, Insurance, Contract
J. Keenan finds the lower court improperly granted class certification to the massage parlors. The parlors lost money during the pandemic when they were closed to avoid the spread of COVID-19. To receive insurance benefits, the parlors would have had to suffer from physical material destruction or material harm to their business. Reversed.
Court: 4th Circuit, Judge: Keenan, Filed On: March 8, 2024, Case #: 22-1853, Categories: Insurance, Covid-19, Contract
J. Wozniak finds that the trial court properly declined to suppress evidence that defendant possessed cocaine and paraphernalia. However, it must correct its written order of probation to include a condition that he is subject to search only on the basis of reasonable suspicion. Reversed in part.
Court: Florida Courts Of Appeal, Judge: Wozniak, Filed On: March 8, 2024, Case #: 6D23-393, Categories: Drug Offender, Sentencing
J. Stargel finds that the trial court properly denied a motion by a minor's former guardian ad litem seeking reinstatement. The guardian ad litem was discharged from the case and was no longer a party, but the minor's permanent guardian, who is seeking to have the case reopened in order to pursue adoption, is not barred from seeking the guardian ad litem's reappointment. Dismissed.
Court: Florida Courts Of Appeal, Judge: Stargel, Filed On: March 8, 2024, Case #: 6D23-2724, Categories: Family Law
J. Chhabria grants final approval of a $6 million settlement that will bring an end to a class action against Tesla from consumers who say they were forced to pay more to maintain their solar roof products after they were installed. The settlement is fair, as each class member's recovery will be determined pro rata in proportion to their individual losses at issue. Class counsel is entitled to $1.5 million in fees, equivalent to 24.7% of the settlement fund.
Court: USDC Northern District of California, Judge: Chhabria, Filed On: March 8, 2024, Case #: 3:21cv3577, NOS: Other Contract - Contract, Categories: Settlements, Class Action, Contract
J. Mollway taxes a religious organization $18,568 in its decadelong dispute with Maui over its construction of a church. The taxable costs are proper because the county attempted to meet and confer with the church, despite the church’s refusal. The costs properly encompass fees for witnesses, trial exhibits and depositions.
Court: USDC Hawaii, Judge: Mollway, Filed On: March 8, 2024, Case #: 1:14cv535, NOS: Other Civil Rights - Civil Rights, Categories: Government, Tax, Zoning
J. Borghesan finds police must get a warrant before taking pictures of your yard with a zoom lens while flying in an airplane. “The fact that a random person might catch a glimpse of your yard while flying from one place to another does not make it reasonable for law enforcement officials to take to the skies and train high-powered optics on the private space right outside your home without a warrant.” Affirmed.
Court: Alaska Supreme Court, Judge: Borghesan, Filed On: March 8, 2024, Case #: S-17910, Categories: Search
J. Roman partially denies the construction firm's motion to dismiss wage and hour claims stemming from its failure to pay a senior level employee overtime and his promised bonuses. The employee is exempt from overtime because he is a highly paid administrative professional making $130,000 salary, but he has a plausible breach of contract claim over his expected, but unpaid, bonuses.
Court: USDC Southern District of New York, Judge: Roman, Filed On: March 8, 2024, Case #: 7:23cv975, NOS: Fair Labor Standards Act - Labor, Categories: Employment
J. Wise finds that a new trial is necessary for a widow's claims stemming from the depiction of her dead husband in the TV show "Ghostly Encounters." The widow provided enough evidence for a jury to find that the show improperly alleged that the husband had sexually abused boys without attempting to verify that information or to include any disclaimers that the show was only for entertainment and should not be taken at face value. However, there was not enough evidence to support the widow's defamation claim. Because it cannot be assumed "that the verdict was based only on [the widow's] claims that were properly submitted to the jury," the entire verdict must be reversed. A new trial is ordered for the widow's invasion of privacy and tort of outrage claims. Reversed.
Court: Alabama Supreme Court, Judge: Wise, Filed On: March 8, 2024, Case #: SC-2023-0132, Categories: Tort, Defamation, Privacy
J. Steward finds that the lower court properly denied a motion brought by an elected constable who was vacated from office for allegedly not timely paying the security bond. Because the constable filed his official bond before he took office, it was not untimely, so the certification of vacancy by Gov. Ivey was in error. However, the constable framed the issue as that of a conflict between two statutes, but his argument is incorrect. The trial court can't be faulted for rejecting the constable's sole argument. Affirmed.
Court: Alabama Supreme Court, Judge: Stewart, Filed On: March 8, 2024, Case #: SC-2023-0496, Categories: Elections, Government
J. Cook grants a driver’s motion to vacate a lower court order declining to dismiss personal injury claims against him stemming from a motor vehicle accident. The driver lives in another state and the motor-vehicle collision at issue occurred in Mississippi, so the lower court lacks jurisdiction.
Court: Alabama Supreme Court, Judge: Cook, Filed On: March 8, 2024, Case #: SC-2023-0550, Categories: Vehicle, Damages, Jurisdiction
J. Watkins finds that the trial court properly sentenced defendant following his guilty plea to obscene internet contact with a child, sexual exploitation of children and electronically furnishing obscene material to minors. The trial court did not commit any error by denying defendant the opportunity to present additional mitigation evidence at the resentencing hearing which occurred on remand after the appeals court's previous decision. Defendant had already presented mitigation evidence at his earlier sentencing hearing. Affirmed.
Court: Georgia Court of Appeals, Judge: Watkins, Filed On: March 8, 2024, Case #: A23A1484, Categories: Sentencing, Sex Offender, Due Process
Per curiam, a panel of the 11th Circuit finds that the district court properly ruled in favor of the employer in an action brought by the former employee. The employee claimed the employer violated the Equal Pay Act and Title VII of the Civil Rights Act by giving her a less favorable bonus compensation structure than a male colleague. The district court correctly found that the employer showed the pay disparity was based on factors other than sex, like the male employee's greater experience and qualifications. Affirmed.
Court: 11th Circuit, Judge: Per curiam, Filed On: March 8, 2024, Case #: 22-11381, Categories: Employment Discrimination
J. Casper denies three insurance companies’ motion to dismiss the first amended complaint for breach of contract brought by insureds suing in a class action. Depreciation doesn’t necessarily include labor costs in an insurance policy that doesn’t expressly say that it does, because to assume otherwise wouldn’t interpret insurance policies liberally in favor of the insured.
Court: USDC Massachusetts, Judge: Casper, Filed On: March 8, 2024, Case #: 1:21cv11047, NOS: Insurance - Contract, Categories: Insurance, Class Action, Contract
J. Patricco denies the state's motion for certification of interlocutory appeal and stay pending appeal in a matter in which transgender women "challenge Idaho Medicaid’s allegedly discriminatory policies that deny transgender individuals essential and sometimes life-saving healthcare" and allege that "cisgender individuals receive coverage for the same or similar health care as a matter of course." The state has not shown substantial grounds for a difference of opinion regarding the controlling question of law. A stay of the case is not warranted. The state's motion for leave to file supplemental authority is granted.
Court: USDC Idaho, Judge: Patricco, Filed On: March 8, 2024, Case #: 1:22cv409, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights