123 results for 'nos:"Other Personal Property Damage - Torts - Personal Property"'.
J. Wicks grants a joint motion to seal various exhibits which both parties claim contain sensitive confidential business information, trade secrets, data privacy and cybersecurity information. The case involves allegations that the defendants failed to safeguard its customers’ personally identifiable information, which were targeted by hackers in a data breach. The court directs the parties to redact the privileged information related to defendant’s anti-fraud practices and procedures as well as the litigants’ personal information.
Court: USDC Eastern District of New York, Judge: Wicks, Filed On: February 23, 2024, Case #: 2:21cv6911, NOS: Other Personal Property Damage - Torts - Personal Property, Categories: Evidence, Privacy, Technology
J. Farbiarz transfers claims contending a horse trainer and his associates gave race horses performance-enhancing drugs at the Kentucky Derby, costing bettors winnings. The horses allegedly had been "doped" in the western district of Kentucky, and none of the associates reside in New Jersey. Meanwhile, an appellate court could call into question any judgment entered in the case for lack of personal jurisdiction in New Jersey.
Court: USDC New Jersey, Judge: Farbiarz , Filed On: February 20, 2024, Case #: 2:21cv14112, NOS: Other Personal Property Damage - Torts - Personal Property, Categories: Fraud, Jurisdiction
J. Pechman grants the customers' unopposed renewed motion for preliminary approval of a $2.45 million settlement for their class action accusing the consumer debt collector of not taking adequate measures to protect the customers' sensitive data from a data breach. Class members may seek up to $1,500 for ordinary out-of-pocket expenses related to the data breach or up to $10,000 for extraordinary expenses.
Court: USDC Western District of Washington, Judge: Pechman, Filed On: February 20, 2024, Case #: 2:22cv1558, NOS: Other Personal Property Damage - Torts - Personal Property, Categories: Settlements, Privacy, Class Action
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J. Immergut grants partial summary judgment to the insured in his complaint that the insurance company wrongfully denied his claim for property damage caused by a landslide, which the insurance company denied by citing the land-and-earth-movement exception in the insured's homeowner policy. The declaration of the insurance company's adjuster is inadmissible hearsay because it presents out-of-court statements as truth, and the owned property exception does not apply because the City of Portland's claims for what the insured needs to do to make his property stable are too ambiguous for exceptions to apply.
Court: USDC Oregon, Judge: Immergut, Filed On: February 12, 2024, Case #: 3:23cv191, NOS: Other Personal Property Damage - Torts - Personal Property, Categories: Insurance, Property
J. Wolfson compels the release of documents in claims contending an administrator worked with pharmacy benefit managers to reclassify essential drugs as non-essential to maximize profits at the expense of insurers. The company has an obligation to search documents, even if some are privileged, since production can be withheld later on. Meanwhile, the parties should confer on a narrow set of search terms to determine if certain financial documents should be produced.
Court: USDC New Jersey, Judge: Wolfson , Filed On: February 6, 2024, Case #: 2:22cv2632, NOS: Other Personal Property Damage - Torts - Personal Property, Categories: Insurance, Interference With Contract, Discovery
J. Day denies a water solution company's motion to intervene in a construction company's claims seeking reimbursement for allegedly defective tanks built at an anaerobic digestion and biogas production facility. The water company's legally protectable interest in confidential discovery information was more substantial than that of other non-parties, but that the company had been denied such information in related state litigation did not give the company the right to "obtain here what would otherwise be inaccessible to it."
Court: USDC New Jersey, Judge: Day, Filed On: February 1, 2024, Case #: 3:22cv4905, NOS: Other Personal Property Damage - Torts - Personal Property, Categories: Construction, Discovery, Contract
J. Saylor partially denies a manufacturer's motion to dismiss the claims filed against it by the subrogee of a property owner whose property was damaged when a water supply line, made by the manufacturer and installed on the adjacent property, allegedly cracked. The subrogee sufficiently alleges its implied warranty claim.
Court: USDC Massachusetts, Judge: Saylor, Filed On: January 26, 2024, Case #: 1:23cv10679, NOS: Other Personal Property Damage - Torts - Personal Property, Categories: Insurance, Property, Warranty
J. Fallon grants a request by Ernst & Young and orders the regulatory Federal Deposit Insurance Corp. to arbitrate its claims that the accounting giant failed to design audit procedures to discover fraud at a failed New Orleans bank. Government regulators specifically allege the firm’s breach of fiduciary duties resulted in the firm’s failure to detect a least $125 million in losses from the fraudulent conduct of the bank’s president and CEO. The FDIC-R, which is today “standing in the [b]ank’s shoes” as its receiver, would have been bound by an arbitration agreement between the accounting firm and the bank’s holding company.
Court: USDC Eastern District of Louisiana , Judge: Fallon, Filed On: January 23, 2024, Case #: 2:20cv1259, NOS: Other Personal Property Damage - Torts - Personal Property, Categories: Administrative Law, Arbitration, Banking / Lending
J. Menendez grants the nursery and tree wholesaler's motions for summary judgment in the landscaper's suit against them alleging that they supplied trees infested by invasive moths, and denies the landscaper's motion for summary judgment. The landscaper has failed to provide sufficient evidence for its contention that the life stages of the spongy moth would have made it impossible for Canadian authorities to discover moths before their transport to the United States, and therefore has not established a factual dispute on that issue.
Court: USDC Minnesota, Judge: Menendez, Filed On: January 22, 2024, Case #: 0:22cv1291, NOS: Other Personal Property Damage - Torts - Personal Property, Categories: Evidence, Contract
J. Azrack grants preliminary approval to a class action settlement to resolve claims that a home health care provider failed to protect its patients’ digital personal and private healthcare information, which were stolen in a data breach. The court finds the settlement fair, reasonable and adequate and in compliance with judicial requirements. The court subsequently modifies the approval and orders litigant counsel to file a supplemental motion for attorney fees, costs, expenses and a service award 21 days before the final approval hearing.
Court: USDC Eastern District of New York, Judge: Azrack, Filed On: January 22, 2024, Case #: 2:21cv2061, NOS: Other Personal Property Damage - Torts - Personal Property, Categories: Health Care, Settlements, Class Action
J. Rice declines to dismiss the investors' lawsuit accusing the law firm of sending the former's $1 million investment to an untrustworthy bank, resulting in the funds going missing. The investors establish an injury-in-fact by showing that the untrustworthy bank did not return the money, with nine of the 11 investors losing $100,000 or more, while the rest lost between $25,000 and $50,000. The law firm accepted responsibility for overseeing the money and assuring the investors that it could not be withdrawn or misused without the investors' express authorization.
Court: USDC Eastern District of Washington, Judge: Rice, Filed On: January 22, 2024, Case #: 2:23cv227, NOS: Other Personal Property Damage - Torts - Personal Property, Categories: Fiduciary Duty, Negligence, Legal Malpractice
J. Rothstein dismisses the consumers' class action asserting that some versions of Microsoft Edge secretly collect the consumers' data while they browse the internet and then send the data to Microsoft, even if the consumers use "private" mode. The consumers do not prove that they have sufficient Article III standing for their claim, because they do not show that the collected browser information that is central to their complaint is a legally protected privacy right.
Court: USDC Western District of Washington, Judge: Rothstein, Filed On: December 21, 2023, Case #: 2:23cv1104, NOS: Other Personal Property Damage - Torts - Personal Property, Categories: Privacy, Class Action, Technology
J. Barbier grants a request by a Texas-based corporation to dismiss theft of trade secrets claims by a Louisiana based-HVAC goods and service business. The complaint does not explain exactly what actions or conduct by the Texas corporation could constitute egregious actions involving elements of fraud, misrepresentation, deception or other unethical conduct, which would violate Louisiana’s law against unfair trade practices. Instead, the HVAC business accuses it of stealing information about the design and production of its product without any supporting evidence, which is insufficient for a determination of whether the Texas company’s conduct was unfair and violative of public policy.
Court: USDC Eastern District of Louisiana , Judge: Barbier, Filed On: December 15, 2023, Case #: 2:23cv1669, NOS: Other Personal Property Damage - Torts - Personal Property, Categories: Fraud, Trade Secrets, Unfair Competition