750 results for 'nos:"Other Personal Injury - Torts - Personal Injury"'.
J. Rodriguez grants AT&T its motion to compel arbitration following allegations of breach of contract, invasion of privacy and negligence brought by a class of customers. After a data breach of over 9 million customer accounts in March of this year, the class asserts that any agreement between itself and AT&T is unenforceable based on the company’s unconscionable actions. However, because the arbitration agreement that the class signed covers “all disputes and claims,” the class is subject to arbitration.
Court: USDC Western District of North Carolina, Judge: Rodriguez, Filed On: August 24, 2023, Case #: 5:23cv38, NOS: Other Personal Injury - Torts - Personal Injury, Categories: Arbitration, Privacy, Contract
[Consolidated.] J. Jantz alternately grants and denies multiple motions enumerated across two near-identical opinions, each concerning a nursing home worker who was injured when the elevator she was on unexpectedly fell several stories. Several of the elevator corporation's indemnification and breach of contract claims against the nursing home worker's employer are dismissed, but the corporation is entitled to summary judgment on its failure to procure insurance claim against the employer.
Court: USDC Northern District of Illinois, Judge: Jantz, Filed On: August 23, 2023, Case #: 1:20cv6699, NOS: Other Personal Injury - Torts - Personal Injury, Categories: Insurance, Indemnification, Premises Liability
J. Ashe denies summary judgment to Walmart in a slip-and-fall suit by a customer who says she fell in water that accumulated near a laundry detergent aisle from a leaking roof, resulting in injuries to her neck, spine and side. The evidence shows that Walmart knew the roof was leaking but allowed customers into the store without warning of potentially wet floors. With this evidence, a reasonable jury could find that the shopper slipped on water from a roof leak and that Walmart created the condition.
Court: USDC Eastern District of Louisiana , Judge: Ashe, Filed On: August 23, 2023, Case #: 2:23cv210, NOS: Other Personal Injury - Torts - Personal Injury, Categories: Civil Procedure, Evidence, Premises Liability
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J. Ramos grants actor Alec Baldwin's motion to dismiss defamation claims stemming from his outing of a woman as a participant in the January 3, 2022 riot at the Capitol. The actor discovered her involvement in the protest after he donated money to her sister-in-law on behalf of her brother killed by a suicide bomber in Kabul. After he made an Instagram post expressing his disappointment, she received a number of hateful messages from his followers. However, the actor cannot be held liable for his followers' messages and his own post did not contain any false information.
Court: USDC Southern District of New York, Judge: Ramos, Filed On: August 22, 2023, Case #: 1:22cv7328, NOS: Other Personal Injury - Torts - Personal Injury, Categories: Defamation, Emotional Distress
J. Bucklo partially grants Microsoft’s motion to dismiss a biometric privacy class action. A sales worker claims his employer captured his facial data via video data he uploaded to an application using Microsoft software, and brought multiple counts under four subsections of the Illinois Biometric Information Privacy Act. The worker’s claim under section 15(a) claim stands, but the court dismisses his 15(b) and (d) claims without prejudice for failure to state a claim.
Court: USDC Northern District of Illinois, Judge: Bucklo, Filed On: August 21, 2023, Case #: 1:23cv695, NOS: Other Personal Injury - Torts - Personal Injury, Categories: Employment, Privacy, Class Action
J. Polster denies Kroger's motion to exclude the expert witness's testimony, ruling his opinions on the results of several surveys of Ohio pharmacists - specifically, whether there were concerns about dispensing opioids - are not contradictory. Although he admits there were not specific questions about opioids, the answers about general concerns regarding dispensation of prescriptions indicate concern about the subset of opioid medications at issue in this lawsuit.
Court: USDC Northern District of Ohio, Judge: Polster, Filed On: August 18, 2023, Case #: 1:17md2804, NOS: Other Personal Injury - Torts - Personal Injury, Categories: Negligence, Experts, Class Action
[Consolidated.] J. Gonzalez remands to state courts a total of 10 Child Victims Act cases filed against parishes, schools and other organizations related to the Diocese of Rockville Centre, actions which were removed to federal court after the diocese filed for Chapter 15 bankruptcy protection. The court finds the litigants’ respective claims are related to the bankruptcy proceedings and subsequently meet the criteria for mandatary abstention.
Court: USDC Eastern District of New York, Judge: Gonzalez, Filed On: August 17, 2023, Case #: 1:23cv5059, NOS: Other Personal Injury - Torts - Personal Injury, Categories: Bankruptcy, Tort, Jurisdiction
J. Trauger partially grants the dismissal motions in this lawsuit arising from the alleged sexual abuse of a fencing student. The complaint, which is brought by the minor fencer and her parents, fails to state a Section 1595(a) claim against USA Fencing with respect to the coach's alleged violations of the Trafficking Victims Protection Act. The negligence per se claim will also be dismissed, as to USA Fencing and the defendant fencing club.
Court: USDC Middle District of Tennessee , Judge: Trauger, Filed On: August 17, 2023, Case #: 3:22cv560, NOS: Other Personal Injury - Torts - Personal Injury, Categories: Civil Procedure, Negligence, Emotional Distress
J. Underhill denies the department store's motion for summary judgment, ruling that disputes of fact regarding whether a t-shaped metal hook on the floor caused the shopper to fall must be decided by a jury. Furthermore, surveillance footage that showed the hook was there for at least an hour prior to the accident would allow a reasonable jury to determine the store had notice of the condition and should have picked up the hook.
Court: USDC Connecticut, Judge: Underhill, Filed On: August 16, 2023, Case #: 3:21cv1733, NOS: Other Personal Injury - Torts - Personal Injury, Categories: Evidence, Negligence, Premises Liability
J. Mays grants the defendant company's motion for partial summary judgment in this personal injury case allegedly involving a forklift at defendant's warehouse. The courier's claim for punitive damages will be dismissed, as there was no evidence that the company or its employee, the forklift driver, "acted recklessly."
Court: USDC Western District of Tennessee , Judge: Mays, Filed On: August 15, 2023, Case #: 2:22cv2190, NOS: Other Personal Injury - Torts - Personal Injury, Categories: Tort, Damages
J. Navarro grants Lowes’ motion for summary judgment in this personal injury suit brought by the disabled veteran onto whom several wooden panels fell as he moved them to inspect their condition. An employee who left the veteran to inspect the panels himself told him that he would return after helping another customer. The veteran’s injuries were not caused by the action of any Lowe’s employee, and he fails to establish that a genuine issue of material fact exists.
Court: USDC Nevada, Judge: Navarro, Filed On: August 15, 2023, Case #: 2:20cv773, NOS: Other Personal Injury - Torts - Personal Injury, Categories: Tort, Negligence, Premises Liability
J. Dick denies remand to a Dollar General customer and dismisses a store manager from her personal injury suit alleging liability for her trip-and-fall involving a Coca-Cola pallet. The shopper does not allege any specific duties of care that the manager owed the customer regarding the maintenance and safety of the premises. Furthermore, a customer incident report does not shed any light on the manager’s knowledge of, or involvement with, the placement of the coke pallet prior to the litigant’s trip and fall. The manager is dismissed from the suit and her Louisiana citizenship must be disregarded for purposes of determining jurisdiction.
Court: USDC Middle District of Louisiana, Judge: Dick, Filed On: August 14, 2023, Case #: 3:22cv930, NOS: Other Personal Injury - Torts - Personal Injury, Categories: Evidence, Tort, Jurisdiction
J. Brown remands back to New York state courts a total of 43 Child Victims Act lawsuits filed against the Diocese of Rockville Center and various related entities, including the Boy Scouts of America. The cases, which are only a small portion of the total 224 related cases filed against the diocese, had been languishing in legal quagmire after the diocese filed for bankruptcy and subsequently sought to transfer the cases to federal court. The plaintiffs successfully argue the state courts are better prepared to timely resolve their cases.
Court: USDC Eastern District of New York, Judge: Brown, Filed On: August 10, 2023, Case #: 2:23cv5029, NOS: Other Personal Injury - Torts - Personal Injury, Categories: Negligence, Venue
J. Riggs grants summary judgment to a logistics company in a wrongful death lawsuit stemming from a “tragic” and deadly car accident because representatives of a man cannot show that the logistics company, which had contracted a third-party carrier that was directly involved in the accident, could or should have known that the carrier or its employees were unfit.
Court: USDC New Mexico, Judge: Riggs, Filed On: August 9, 2023, Case #: 1:21cv73, NOS: Other Personal Injury - Torts - Personal Injury, Categories: Vehicle, Damages, Wrongful Death
J. Hsu finds in favor of the government against the parents' wrongful death lawsuit alleging that their son drove on a motorbike into the area surrounding the Whittier Narrows Dam and died because he crashed into a chain that the government's employee strung across a broken gate. The parents do not prove that the government and its employees exhibited a "conscious failure to act to avoid peril," because the employee painted the chain yellow, placed caution tape by the broken gate, and attempted to fix the gate immediately but could not do so at the time.
Court: USDC Central District of California, Judge: Hsu, Filed On: August 9, 2023, Case #: 2:21cv9377, NOS: Other Personal Injury - Torts - Personal Injury, Categories: Government, Tort, Wrongful Death
J. Whitehead denies without prejudice Macy's motion to exclude the customer's purported elevator expert from the customer's lawsuit alleging that she tripped and fell while entering an elevator in a Macy's location. While the purported elevator expert's report is "shaky," Macy's declined to depose him as planned or schedule a deposition, so it cannot currently, conclusively state that the purported elevated expert's testimony is dismissible.
Court: USDC Western District of Washington, Judge: Whitehead, Filed On: August 7, 2023, Case #: 2:22cv1075, NOS: Other Personal Injury - Torts - Personal Injury, Categories: Negligence, Experts, Discovery