124 results for 'filedAt:"2024-03-11"'.
[Consolidated.] J. Jordan grants an adult filmmaking company's motion to serve third-party subpoenas to internet providers in its copyright cases against a number of individuals who allegedly downloaded its films and redistributed them without permission. The information it seeks - the identity of the individuals based on their IP addresses - is pertinent to its cases.
Court: USDC Eastern District of Texas , Judge: Jordan, Filed On: March 11, 2024, Case #: 4:22cv459, NOS: Copyrights - Property Rights, Categories: Copyright, Discovery
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J. Herren upholds the bankruptcy court's refusal to allow a debtor to dismiss his bankruptcy case. He no longer had a right to dismiss when his chapter 13 case was converted to chapter 7 two months prior to his filing of the motion to dismiss. Affirmed.
Court: 10th Circuit, Judge: Herren, Filed On: March 11, 2024, Case #: CO-23-008 , Categories: Bankruptcy, Civil Procedure
J. Molberg finds that the lower court improperly awarded damages to the appellee for "property taxes and maintenance and repair expenses" in this suit for partition. The appellee's pleading did not seek reimbursement, and the issue was not tried by consent. Reversed in part.
Court: Texas Courts of Appeals, Judge: Molberg, Filed On: March 11, 2024, Case #: 05-22-00759-CV, Categories: Real Estate, Damages
J. Nowell finds that the lower court properly granted the appellee telephone company's motion for summary judgment in this negligence lawsuit alleging that an individual was injured while leaning against a chain-link fence that had become energized. The complaint contends that an employee was working on the nearby lines, and his negligence created the hazardous condition. However, the injured plaintiff failed to provide any expert testimony. Affirmed.
Court: Texas Courts of Appeals, Judge: Nowell, Filed On: March 11, 2024, Case #: 05-23-00004-CV, Categories: Communications, Negligence, Experts
J. Burns conditionally grants the relators' petition for a writ of mandamus, in which they challenge the lower court's alleged failure to set a hearing on their dismissal motion under the Texas Citizens Participation Act. The relators acted with the required diligence in seeking the hearing, and there is no adequate remedy by appeal.
Court: Texas Courts of Appeals, Judge: Burns, Filed On: March 11, 2024, Case #: 05-24-00195-CV, Categories: Civil Procedure
J. Rodriguez partially grants summary judgment to a couple who — after being sued by a insurance company for which they were indemnitors through performance bonds issued by the insurance company — brought suit against other parties whom they in turn said had a duty to indemnify them. While the husband has established that he had “a valid and enforceable indemnity agreement,” the couple has not shown that the wife was party to this agreement.
Court: USDC Western District of Texas , Judge: Rodriguez, Filed On: March 11, 2024, Case #: 5:20cv1433, NOS: Other Contract - Contract, Categories: Insurance, Damages, Indemnification
J. Bell denies an investment research company’s motion to dismiss allegations that it sent unsolicited text messages, which deceived consumers into visiting its website and purchasing subscriptions, and falsely offered free financial advice. A class of consumers brought this claim, and it sufficiently evidenced that the text messages were not merely informational but meant to lure customers into purchases.
Court: USDC Western District of North Carolina, Judge: Bell, Filed On: March 11, 2024, Case #: 5:23cv111, NOS: Telephone Consumer Protection Act (TCPA) - Other Suits, Categories: Trade, Business Practices, Technology
J. Cochran affirms the Board of Water and Soil Resources' denial of administrative appeals of orders requiring the restoration of wetlands the appellants filled with aggregate and soil. State law authorizes local government units to electronically transmit notices of their decisions unless the recipient has provided a mailing address and specified that they prefer mailing. Affirmed.
Court: Minnesota Court Of Appeals, Judge: Cochran, Filed On: March 11, 2024, Case #: A23-0642, Categories: Administrative Law, Civil Procedure, Environment
J. Simon partially grants the trustee's motion to dismiss the attorneys' complaint that the trustee fraudulently transferred a parcel of property from Oregon to Virginia to avoid giving the attorneys their due award from an underlying lawsuit in which they represented the trustee. This is an unusual case that makes a pleading amendment at this point appropriate. In the context of Oregon’s Uniform Fraudulent Transfer Act, it is unclear how to judge the interaction between the trustee individually and in their capacity as a trustee when "assets were already held in a revocable trust and then transferred by the trust." The attorneys may file a second amended complaint.
Court: USDC Oregon, Judge: Simon, Filed On: March 11, 2024, Case #: 3:23cv1150, NOS: Other Fraud - Torts - Personal Property, Categories: Fraud, Property
J. Gilliam allows some claims to proceed against Humboldt County and California's Social Services Department in a dispute over tribal foster care benefits. A former tribal youth and her tribe, the Bear River Band of Rohnerville Rancheria Tribe, claim that they have been denied certain extended foster care benefits that are intended to help youth transition out of foster care. The former youth and her tribe have a potentially tricky legal road ahead, as they have no standing to seek injunctive relief and their complaint leans too strongly on conclusory claims, but some damage and due process claims may proceed to the summary judgment stage to determine if extended foster care benefits have been improperly allocated.
Court: USDC Northern District of California, Judge: Gilliam, Filed On: March 11, 2024, Case #: 4:23cv1809, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Native Americans
J. Matheson finds that the lower court properly tossed claims from environmentalists that sought to challenge a land management plan for the Rio Grande National Forest. Environmentalists claim that the plan did not properly take into consideration how it would effect the local lynx population, but the record shows that the government relied on all the proper logging and environmental impact data to make its findings that the plan would not have a significant negative impact on the local lynx. Affirmed.
Court: 10th Circuit, Judge: Matheson, Filed On: March 11, 2024, Case #: 23-1093, Categories: Environment, Agency
J. Kobayashi remands an individual’s tobacco-related product liability case against a cigarette manufacturer to Hawaii state court. The individual did not act in bad faith when she settled with other defendants close to the trial date in the case to prevent the case from being removed. Those defendants included other cigarette manufacturers and only occurred after many settlement discussions, not just with tobacco retailers. However, the individual is denied a request for the attorney fees related to the removal to federal court as the removal was reasonable, given that there were some bad faith factors.
Court: USDC Hawaii, Judge: Kobayashi, Filed On: March 11, 2024, Case #: 1:24cv87, NOS: Personal Injury - Product Liability - Torts - Personal Injury, Categories: Civil Procedure, Settlements, Product Liability
J. Daniel partially grants Walmart’s motion to dismiss a trio of consumers’ fraud class action, brought over the overstated thread count of Walmart’s “Hotel Style” bed sheets. The court finds the consumers have sufficiently alleged fraud under Illinois law, as well as unjust enrichment, common law fraud, breach of warranty and negligent misrepresentation, on the basis that the sheets have less than half the 800-thread count advertised on their packaging. But the court also finds the consumers lack standing for injunctive relief as they have no plans to purchase the same sheets in the future, so they will not be falsely advertised to again. The court also dismisses the plaintiffs’ claims under California law, citing lack of jurisdiction.
Court: USDC Northern District of Illinois, Judge: Daniel, Filed On: March 11, 2024, Case #: 1:23cv5315, NOS: Other Fraud - Torts - Personal Property, Categories: Fraud, Consumer Law, Class Action
J. Johnston grants a number of Illinois State Police officers’ motion for summary judgment, and partially grants Rockford and its police officers' motion for summary judgment, on a slew of civil rights, conspiracy, emotional distress and due process claims brought by a man who spent 23 years in prison for a murder he didn’t commit. The man claims police fabricated evidence and coerced testimony against him, and similarly withheld evidence that might have helped his case. The court absolves the Illinois State Police from their role in the alleged conspiracy against the wrongly convicted man, but allows his due process and intentional infliction of emotional distress claims stand against all but two of the implicated Rockford police, who are dismissed from the suit. The man’s indemnification claim against Rockford itself also stands.
Court: USDC Northern District of Illinois, Judge: Johnston, Filed On: March 11, 2024, Case #: 3:18cv50040, NOS: Other Civil Rights - Civil Rights, Categories: Emotional Distress, Due Process, Police Misconduct
Per curiam, the Seventh Circuit properly granted the insurer a declaratory judgment, finding that the underlying accident is excluded from coverage under the tree service company's insurance policies. An injured woman won a default judgment in state court against the company after she was struck by a truck with an attached woodchipper. However, the company's errors and omissions policy contains an auto exemption, and its general liability policy provides coverage only if the woodchipper was in operation at the time of the accident. Affirmed.
Court: 7th Circuit, Judge: Per curiam, Filed On: March 11, 2024, Case #: 23-1478, Categories: Insurance, Contract
J. Sippel finds for the insurer in a dispute over damages incurred in connection with the failure of a retaining wall on the construction site of a new apartment building. The owner is not entitled to alleged loss of rental income, because this provision applies solely to the named insured, which is only the construction company, not to additional named insured.
Court: USDC Eastern District of Missouri, Judge: Sippel, Filed On: March 11, 2024, Case #: 4:22cv849, NOS: Insurance - Contract, Categories: Insurance, Contract
J. Crenshaw finds in favor of the employer in this lawsuit alleging race discrimination and a hostile work environment under Title VII of the Civil Rights Act. The employee, who worked as a line assembler for the manufacturer, contends that his termination was based on race. However, he fails to provide a comparator that was treated "more favorably" to establish his prima facie case of discrimination.
Court: USDC Middle District of Tennessee , Judge: Crenshaw, Filed On: March 11, 2024, Case #: 3:22cv386, NOS: Employment - Civil Rights, Categories: Civil Rights, Employment Discrimination
J. Goodwin partially grants the defendant motorist's motions in limine in this personal injury lawsuit arising from a motor vehicle collision. The plaintiff motorist and his non-expert fact witnesses may testify as to mental and emotional pain suffered from the experience, but cannot testify as to the motorist's injuries and treatment. The plaintiff motorist is also prohibited from "urging the jury to send a message with its verdict," as this would be inappropriate.
Court: USDC Western District of Oklahoma , Judge: Goodwin, Filed On: March 11, 2024, Case #: 5:22cv389, NOS: Motor Vehicle - Torts - Personal Injury, Categories: Tort, Experts, Discovery
J. Brasher finds that the district court improperly ruled in favor of the detective in a civil rights and malicious prosecution action brought by a citizen arrested by a detective for the murders of the man’s mother and stepfather. The individual spent a year in jail until the charges were dropped and another person was charged with the offenses. The detective omitted the full timeline of events from the arrest warrant affidavit, including the fact that the mother and stepfather were not killed until at least seven hours after the individual was last inside the house. A corrected version of the affidavit would not have established arguable probable cause for the individual’s arrest. A reasonable jury could find that the detective intentionally or recklessly left information out of the affidavit that exonerated the individual. Reversed.
Court: 11th Circuit, Judge: Brasher, Filed On: March 11, 2024, Case #: 22-13258, Categories: Civil Rights, Malicious Prosecution
J. Hummel orders an environmental protection group focused on protecting the Hudson River to produce documents that it claimed was protected information on the basis of attorney-client privilege, attorney work product and material prepared in anticipation of litigation. The group is suing a recycling center for violating the Clean Water Act. The documentation involves communications between the group and a non-party individual, who the court finds was neither an employee of the group’s counsel nor its own in-house counsel.
Court: USDC Northern District of New York, Judge: Hummel, Filed On: March 11, 2024, Case #: 1:20cv1025, NOS: Environmental Matters - Other Suits, Categories: Environment, Discovery
J. Sannes preserves a Black man’s amended civil rights complaint alleging he was wrongfully convicted of rape and sentenced to 16 years in prison. It was discovered later that an assistant district attorney involved in the case coerced the victim into changing whom she believed was the attacker following a lineup procedure. The court finds the assistant district attorney is not entitled to prosecutorial immunity because his duties at the time were investigatory, not prosecutorial, and the county is vicariously liable for his actions. The court also preserves a cross-claim filed by the city of Syracuse against the county and the ADA for contribution, apportionment and indemnification.
Court: USDC Northern District of New York, Judge: Sannes, Filed On: March 11, 2024, Case #: 5:22cv1241, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Malicious Prosecution, Immunity
J. Wolson grants an online auction site’s motion to dismiss a real estate company’s claim that it encountered a chamber of horrors after buying a property subject to a senior lien. The company bought the property without a warranty, subject to terms of service with the site, and thus cannot maintain a claim for failing to disclose that someone held a lien on the property.
Court: USDC Eastern District of Pennsylvania, Judge: Wolson, Filed On: March 11, 2024, Case #: 2:23cv2518, NOS: Other Fraud - Torts - Personal Property, Categories: Property, Real Estate, Warranty