J. Kindred grants the state's motion for leave to file a second amended complaint against "a Pharmacy Benefits Manager (PBM), a research provider, and a mail-order pharmacy for its alleged role in fueling the opioid epidemic in Alaska." The state seeks to amend, asserting a claim for violations of the federal Racketeer-Influenced and Corrupt Organization Act. "There is no undue delay in this case." The RICO claim is not barred by the statute of limitations.
Court: USDC Alaska, Judge: Kindred, Filed On: May 21, 2024, Case #: 3:23cv233, NOS: Personal Injury - Health Care/Pharmaceutical Personal Injury/Product Liability - Torts - Personal Injury, Categories: Tort, Product Liability, Racketeering
J. Armstead reverses the lower court's order denying the West Virginia medical examiner's motion to dismiss a physician's suit claiming his negligence in conducting an autopsy of the physician’s wife following her death resulted in the cause of her death to be listed erroneously as "natural" instead of "accidental." The medical examiner is entitled to qualified immunity since the estate's claims are insufficient under the West Virginia Medical and Professional Liability Act because the decedent was not a "patient" in which the medical examiner provided her any "health care" that contributed to her injury or death. Also, any claim of negligence fails since his actions were discretionary. Reversed.
Court: West Virginia Supreme Court Of Appeals, Judge: Armstead , Filed On: May 21, 2024, Case #: 23-135, Categories: Government, Health Care, Negligence
J. Lambert finds that defendant's pro se motion to correct an illegal sentence was unauthorized and null because he was still being represented by counsel at the time he filed it, so the trial court's order denying the motion must be reversed. The case is remanded for the trial court to strike defendant's pro se motion, but defendant can still file a proper motion under Florida criminal procedures appealing the judgment and sentence he received after being found to have violated probation he was placed on after being convicted of burglary. Reversed.
Court: Florida Courts Of Appeal, Judge: Lambert, Filed On: May 21, 2024, Case #: 24-0798, Categories: Burglary, Criminal Procedure, Sentencing
Per curiam, the appellate division finds that the lower court properly found that the father neglected his child. He can no longer claim that he was not legally responsible for the child under the Family Court Act, so there is no need to review his argument on the matter. He clearly engaged in various behaviors, such as hitting the mother and holding a gun to her head, that amounted to neglect and made the child visibly distraught. Affirmed.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: May 21, 2024, Case #: 02781, Categories: Family Law
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J. Whipple finds a lower court improperly ruled in favor of a hotel concerning the revenue and customs' challenge to its taxable business. The hotel argued that a sale of its shares to a subsidiary inn allows it to deduct input tax. However, revenue and customs sufficiently showed in court that the sale of its shares are exempt from from value added tax for purposes of its economic activities. Reversed.
Court: Her Majesty's Court of Appeal, Judge: Whipple, Filed On: May 21, 2024, Case #: CA-2023-1883, Categories: Government, Tax
J. Christel denies summary judgment to the company against the customer's complaint alleging that the company's employees racially discriminated against the customer when he tried to enter the company's AM/PM gas station. The evidence shows that one of the employees called the customer, a Black man, "boy" and that she used a racial slur at least eight times, but it is up to a jury to determine if her conduct was racially motivated or if it is because he improperly parked in a loading zone and she directed him to move his vehicle.
Court: USDC Western District of Washington, Judge: Christel, Filed On: May 21, 2024, Case #: 3:23cv5283, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Evidence
J. Soto finds a lower court did not err when it sentenced defendant to 15 years in prison after he pleaded no contest to aggravated robbery. Defendant admitted that he violated the terms of his community supervision, and the court therefore could “impose punishment within the
relevant statutory range,” as it did here. Affirmed.
Court: Texas Courts of Appeals, Judge: Soto, Filed On: May 21, 2024, Case #: 08-23-00292-CR, Categories: Probation, Robbery, Due Process
J. Fujisaki finds the trial court properly imposed sanctions for a company's resistance to producing business records that a wife sought through a deposition subpoena in a divorce proceeding. And the fees and costs incurred during the meet and confer process may also be compensable as monetary sanctions. However, the wife is not entitled to sanctions for fees and costs incurred during mediation that came after she filed the motions to compel discovery. Reversed in part.
Court: California Courts Of Appeal, Judge: Fujisaki, Filed On: May 21, 2024, Case #: A165038, Categories: Family Law, Sanctions, Discovery
J. Lawrence finds that the lower court properly granted the defendant law firm's motion to disqualify the appellant's counsel. The lower court found that the attorney at issue is "likely to be a necessary witness" in the dispute and that the appellant should not have difficulty finding other counsel. The record sufficiently supports the lower court's determination "that there would be actual prejudice" by his continued representation. Affirmed.
Court: Maine Supreme Court, Judge: Lawrence, Filed On: May 21, 2024, Case #: 2024ME39, Categories: Civil Procedure, Emotional Distress
J. Jenkins grants the defendant wrestling agency’s motion to dismiss most of its former accountant’s claims against it. The parties had a falling out over a contract dispute, made all the worse because the accountant is the sister-in-law of a prominent figure in the wrestling agency. The accountant brought intentional tort and intentional infliction of emotional distress claims over the conflict, but the court finds that only her contract breach claims are sufficiently pleaded to survive a dismissal motion.
Court: USDC Northern District of Illinois, Judge: Jenkins, Filed On: May 21, 2024, Case #: 1:22cv6495, NOS: Other Contract - Contract, Categories: Tort, Emotional Distress, Contract
J. Navarro grants a hospital dismissal of claims seeking coverage for spinal disc arthroplasty, which Blue Cross denied on grounds that surgery was medically unnecessary, because claims alleging violations of the Unfair Claims Practices Act, as well as claims such as breach of contract and fiduciary duty, are preempted by the Employee Retirement Income Security Act.
Court: USDC Nevada, Judge: Navarro , Filed On: May 21, 2024, Case #: 2:23cv1320, NOS: Insurance - Contract, Categories: Erisa, Preemption, Contract
J. Gobeil finds that the trial court improperly dismissed the patient's negligence action against the clinic, doctor and medical assistant arising from injuries he suffered during a medical visit. The patient, a wheelchair user, fell while trying to move from his wheelchair onto a weighing machine. The patient was not required to file an expert affidavit to state a claim against the medical assistant, whose profession does not fall under any of the categories of professionals listed in the statute. The action could be read to state an ordinary negligence claim against the medical assistant. However, the trial court correctly dismissed the professional negligence claims against the doctor and the clinic. Reversed in part.
Court: Georgia Court of Appeals, Judge: Gobeil, Filed On: May 21, 2024, Case #: A24A0073, Categories: Negligence
J. Watkins finds that the trial court improperly entered final judgment against the individual in a breach of contract and quantum meruit action brought by her former attorneys alleging that she owed unpaid attorney fees. The trial court incorrectly found that the attorneys' claims were not barred by the statute of limitation. Some of the amounts the attorneys sought to recover were not pursued within four years of accrual of the claim and the attorneys failed to show that the individual's partial payments revived the statute of limitation. Vacated.
Court: Georgia Court of Appeals, Judge: Watkins, Filed On: May 21, 2024, Case #: A24A0056, Categories: Attorney Fees, Contract
Per curiam, the Ninth Circuit vacates a district court’s order granting judgment on partial findings against the Stillaguamish Tribe of Indians for determining the Tribe’s usual and accustomed fishing grounds under the Treaty of Point Elliott. The district court determined that the Tribe’s fishing grounds did not include the marine waters of Port Susan, Skagit Bay, Saratoga Passage, Penn Cove, Holmes Harbor or Deception Pass. The district court properly applied the law of the case and its various sub-proceedings, however, it did not make sufficient factual findings to enable this court’s review.
Court: 9th Circuit, Judge: Per curiam, Filed On: May 21, 2024, Case #: 23-35066, Categories: Native Americans, Water
J. Gabbert finds that the commission properly denied the employee's application for workers' compensation benefits for a permanent total disability due to her migraines and diabetes. The record shows that the employee suffered significant psychological stressors unrelated to work, but she claimed not psychological injury in her settlement with her employer over a workplace injury. Affirmed.
Court: Missouri Court Of Appeals, Judge: Gabbert, Filed On: May 21, 2024, Case #: WD86436, Categories: Workers' Compensation
J. Dowd finds that the lower court properly found for the dentist in a medical malpractice suit stemming from a wisdom teeth surgery that gave the patient permanent nerve damage. The patient was properly barred from introducing other patients' medical records in order to impeach the doctor's claim that he always documented nerve damage in his post-op reports. Affirmed.
Court: Missouri Court Of Appeals, Judge: Dowd, Filed On: May 21, 2024, Case #: ED111450, Categories: Evidence, Medical Malpractice
J. Richard Nelson denies the university and the debt collector's motions to dismiss the former student's suit alleging that they continued pursuing collection actions after receiving notice of bankruptcy proceedings and allowed her to be arrested on a bench warrant rather than informing a judge of the bankruptcy proceedings. The court has subject matter jurisdiction to consider the student's claims, and activity in a state court collection action violating an automatic bankruptcy stay could plausibly form the basis of a Fair Debt Collection Practices Act claim since Congress has not expressed an intent to repeal the Act through the federal Bankruptcy Code. An improper-communications claim also survives, since the student has adequately alleged that the debt collector had notice of representation and that the communication she alleges she received was in connection with the collection of a debt. The court also declines to refer this matter to a bankruptcy court, while opting to exercise supplemental jurisdiction over an intrusion upon seclusion claim.
Court: USDC Minnesota, Judge: Richard Nelson, Filed On: May 21, 2024, Case #: 0:23cv2222, NOS: Consumer Credit - Other Suits, Categories: Bankruptcy, Debt Collection, Consumer Law
J. Sabraw denies a debt collector's motion for arbitration against the borrower’s unfair debt collection practices lawsuit. The collector knew of its right to compel arbitration but did not assert that right until nearly seven months after the borrower filed his complaint. The collector instead filed an answer to the complaint that did not assert arbitration as an affirmative defense and entered into the discovery process. Therefore, the collector has waived its right to arbitrate.
Court: USDC Southern District of California, Judge: Sabraw, Filed On: May 21, 2024, Case #: 3:23cv86, NOS: Other Contract - Contract, Categories: Arbitration, Debt Collection
J. Choudhury enters default judgment against a Long Island contractor on claims it failed to pay in full its fringe benefits contributions and subsequently confirms an arbitration award in the amount of $13,919, which represents the outstanding balance. The court further awards the trust fund manager $2,882 in attorney fees.
Court: USDC Eastern District of New York, Judge: Choudhury, Filed On: May 21, 2024, Case #: 2:23cv5254, NOS: Employee Retirement Income Security Act (ERISA) - Labor, Categories: Erisa, Attorney Fees
J. Christopher finds that the father's parental rights to his child were properly terminated based on sufficient evidence to support the predicate finding as to endangerment. The evidence showed the father failed to seek medical help for the child when he was in medical distress on two occasions. Affirmed.
Court: Texas Courts of Appeals, Judge: Christopher, Filed On: May 21, 2024, Case #: 14-24-00125-CV, Categories: Evidence, Family Law
J. Myers partially grants a class of habilitation technicians’ motion to conditionally certify collective action after it brought claims against a home care agency for violations of labor laws. The class claims the agency didn’t pay them for overtime hours worked during a three-year period. The agency argues the magistrate judge’s recommendation to certify the class action is wrong because the class has not properly proffered evidence. However, at this stage of litigation, the class’s evidence suffices to proceed.
Court: USDC Eastern District of North Carolina, Judge: Myers, Filed On: May 21, 2024, Case #: 5:23cv462, NOS: Fair Labor Standards Act - Labor, Categories: Evidence, Class Action, Labor