176 results for 'filedAt:"2024-03-26"'.
J. Johnston grants the air ambulance service's motion for summary judgment in its suit challenging the West Virginia Insurance commissioner's enforcement of the Air Ambulance Protection Act. Using the 1993 film '"Groundhog Day" as a backdrop, the court finds the insurance commissioner's continuous attempt to declare the membership-based EMS service as being in the business of insurance futile, since the Airline Deregulation Act of 1978 preempts AAPA.
Court: USDC Southern District of West Virginia, Judge: Johnston , Filed On: March 26, 2024, Case #: 2:21cv105, NOS: Other Statutory Actions - Other Suits, Categories: Health Care, Insurance, Injunction
J. Arguello grants a company that designs plunger lift systems dismissal of a competitor's infringement counterclaims for patent invalidity because the competitor failed to sufficiently explain the nature of the factual allegations in 211 pages.
Court: USDC Colorado, Judge: Arguello, Filed On: March 26, 2024, Case #: 1:21cv2145, NOS: Patent - Property Rights, Categories: Patent
J. Burrows finds a lower court properly dismissed a driver's motion for further whiplash injuries compensation. The driver argued that the amount of compensation for pain and suffering was inadequate. However, the government sufficiently showed in court that the amount of the award was proportionate to his injuries. Affirmed.
Court: Supreme Court of the United Kingdom, Judge: Burrows, Filed On: March 26, 2024, Case #: 2023UKSC11, Categories: Damages, Negligence
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
[Modified.] J. Earl denies a rehearing and modifies the last paragraph of a previously published opinion with no change in judgment. The trial court must amend its commitment order to include a statement of the maximum term associated with each offense defendant was accused of before he was acquitted upon a finding of insanity. Based on the underlying maximum possible sentences, the commitment order will reflect an indeterminate term with a maximum of life. The life term of commitment does not violate his due process or equal protection rights since an insanity acquitee may be hospitalized based on a preponderance of evidence showing continued insanity or danger to the community. Affirmed in part.
Court: California Courts Of Appeal, Judge: Earl, Filed On: March 26, 2024, Case #: C095986, Categories: Sentencing, Battery, Commitment
J. Swan finds the superior court properly affirmed a magistrate's decision ordering the homeowner to pay $1,706 to the contractor for work he did remodeling her kitchen. The record shows that both the homeowner and the contractor breached the parties' work contract, so the magistrate properly apportioned liability between both of them, and the homeowner's appeals based on the magistrate shifting the burden of proof to her, disallowing her from calling witnesses, and awarding the contractor damages for her failure to pay him for electrical work all fail.
Court: Virgin Islands Supreme Court, Judge: Swan, Filed On: March 26, 2024, Case #: 2024 VI 15, Categories: Damages, Contract
J. Nelson denies summary judgment to the metals company against the hand grind/production grinder's complaint alleging that the metals company improperly denied the grinder's claim for short-term disability benefits under the sponsored plan to treat his liver abscess. There is a genuine issue of material fact about whether the metal company's denial of the grinder's benefits after Dec. 4, 2020, when the plan was set to end even though the grinder made claims and appeals before then, was unreasonable when considering the entire administrative record.
Court: USDC Oregon, Judge: Nelson, Filed On: March 26, 2024, Case #: 3:22cv681, NOS: Employee Retirement Income Security Act (ERISA) - Labor, Categories: Erisa, Insurance
J. Settle finds in favor of the Clorox Company against the salesperson's complaint alleging that Clorox fired him because of his age, sex and race, as Clorox hired a 35-year-old white female to replace the 63-year-old white male salesperson. Clorox establishes that the salesperson was not qualified for the position as he was too reliant on a superior to help him, and he did not think strategically enough to maintain a leadership position. Also, the salesperson does not provide enough evidence that Clorox intended to fire him because of his age, sex or race.
Court: USDC Western District of Washington, Judge: Settle, Filed On: March 26, 2024, Case #: 3:22cv5730, NOS: Employment - Civil Rights, Categories: Employment, Employment Discrimination
Per curiam, the appellate division finds that the lower court properly denied the bank's claim that the assignment of litigation claims was untimely. The applicable statute of limitations is that of New York and Luxembourg, rendering the claims timely. in addition, the court properly dismissed fraud-based claims against the bank to the extent they were based on purported misrepresentations regarding the underwriting guidelines. Affirmed.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: March 26, 2024, Case #: 01675, Categories: Fraud, Banking / Lending
J. Gonzalez finds that the lower court properly granted the petitioner's habeas corpus petition alleging that he was not given a timely hearing after his arrest for violating parole. The Less is More Act plainly requires a speedy adjudication of alleged parole violations within 24 hours, but defendant was held for five days after the execution of the warrant. Affirmed.
Court: New York Appellate Divisions, Judge: Gonzalez, Filed On: March 26, 2024, Case #: 01685, Categories: Criminal Procedure, Habeas, Parole
J. Boyle grants a renal healthcare system’s motion to dismiss allegations of race discrimination and retaliation brought by a healthcare worker. The worker claims other staff harassed her, including making racist remarks, and that her supervisor followed her around the facility and even outside after her shifts ended, making unnecessary criticisms. This increased after she filed an EEOC complaint and she was then fired. However, the worker’s claim is time-barred.
Court: USDC Eastern District of North Carolina, Judge: Boyle, Filed On: March 26, 2024, Case #: 5:23cv84, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Employment Discrimination, Employment Retaliation
J. Myers partially grants the Board of Governors of the University of North Carolina’s motion to dismiss claims of violations of First Amendment rights brought by the chief of staff to the university chancellor. The chief claimed a mandatory Covid-19 vaccine policy would violate already existing university policy. He claims he brought suit as a private citizen. But because he brought all of his concerns in his position as a public employee, and only brought those concerns to people within the university system, he does not have protection under the First Amendment.
Court: USDC Eastern District of North Carolina, Judge: Myers, Filed On: March 26, 2024, Case #: 5:23cv290, NOS: Amer w/Disabilities - Other - Civil Rights, Categories: Education, Covid-19, First Amendment
J. Hardy approved a consent decree between two environmental organizations and a steel manufacturer, finding the manufacturer will pay $5 million in penalties and settlement payments, plus $3 million towards litigation costs, after a control room fire at the steel manufacturer’s plant spurred a Clean Air Act violation complaint.
Court: USDC Western District of Pennsylvania, Judge: Hardy, Filed On: March 26, 2024, Case #: 2:19cv484, NOS: Environmental Matters - Other Suits, Categories: Civil Rights, Environment, Negligence
J. Campbell mostly denies the employers' dismissal motions in this lawsuit brought by a former employee who alleges that she was fired after complaining about a client's sexual harassment. The dismissal motions are granted as to her claim for "participation in a venture engaged in sex trafficking." The allegations do not show that the employers had notice of "a commercial sex act," as required under the federal statute. Their motions are denied as to the remaining counts.
Court: USDC Middle District of Tennessee , Judge: Campbell, Filed On: March 26, 2024, Case #: 3:23cv477, NOS: Other Statutory Actions - Other Suits, Categories: Civil Rights, Employment
[Consolidated.] J. Lipman denies the laboratory company's summary judgment motion and partially grants the government defendant's competing motion in this lawsuit concerning the company's reimbursements "received on Medicare Part B claims" and an auditor's conclusions that the company was overpaid. The court concludes that the two counts regarding "a potential due process violation around the universe of claims and the failure to include zero-paid claims in the sampling" should be dismissed.
Court: USDC Western District of Tennessee , Judge: Lipman, Filed On: March 26, 2024, Case #: 2:22cv2770, NOS: Medicare Act - Contract, Categories: Government, Health Care
J. Tijerina conditionally grants the relator's petition for a writ of mandamus, in which it challenges an order in the underlying proceeding denying its motion for protection. The lower court erred by requiring the relator "to provide the requested documentation when the provisions of the finance code were not followed." The lower court is accordingly directed to vacate the order.
Court: Texas Courts of Appeals, Judge: Tijerina, Filed On: March 26, 2024, Case #: 13-24-00053-CV, Categories: Civil Procedure, Discovery
J. Connors finds that the lower court properly granted the town's summary judgment motion in this action concerning its "adoption of an amendment to its Land Use Ordinance regarding vacation rentals." A supermajority was not needed to pass the amendment, based on the statutory language. Affirmed.
Court: Maine Supreme Court, Judge: Connors, Filed On: March 26, 2024, Case #: 2024ME21, Categories: Municipal Law, Real Estate
J. Klausner grants the streaming service's motion for attorney fees for its complaint alleging that Netflix infringed on the former's patents. Netflix refusing to withdraw its invalidity defense before trial caused the streaming service harm, because several incidents of Netflix's conduct indicates that it already abandoned the defense before trial but pretended otherwise to have the streaming service spend more resources against the defense. The streaming service may seek attorney fees related to invalidity from Oct. 15, 2023 to Oct. 19, 2023.
Court: USDC Central District of California, Judge: Klausner, Filed On: March 26, 2024, Case #: 2:22cv7556, NOS: Patent - Property Rights, Categories: Patent, Attorney Fees
J. Deters finds the lower court erroneously granted the consumer's motion to withdraw her request for a jury trial over the pool company's objection. Although she was the party to pay the $500 jury deposit, Ohio law requires the consent of all parties to withdraw a jury request once the initial request has been perfected through payment. Reversed.
Court: Ohio Supreme Court, Judge: Deters, Filed On: March 26, 2024, Case #: 2024-Ohio-1065, Categories: Civil Procedure, Jury