625 results for 'nos:"Other Statutory Actions - Other Suits"'.
J. Griggsby approves a class action settlement and grants an award for attorney’s fees and costs in this case alleging telephone consumer protections violations by a cloud tech firm. The class of phone call recipients, claiming unlawful solicitation by the firm, was well represented by experienced counsel and presented reasonable figures for the settlement, including over $900,000 in costs alone.
Court: USDC Maryland, Judge: Griggsby, Filed On: June 1, 2023, Case #: 8:19cv1234, NOS: Other Statutory Actions - Other Suits, Categories: Settlements, Attorney Fees, Class Action
J. Conley finds Kia's finance company did not violate any Wisconsin consumer protection laws in attempting to have the consumer's car repossessed when she fell behind on her payments, which involved a repossession employee following her and her son as they drove the car away from her home and onto the interstate before they lost him. All of the consumer's illegal repossession, unlawful debt collection, unconscionable conduct and bad faith claims under Wisconsin law all fail, in part because she has presented no evidence that Kia approved of or directed the actions of the repossession company.
Court: USDC Western District of Wisconsin, Judge: Conley, Filed On: June 1, 2023, Case #: 3:21cv411, NOS: Other Statutory Actions - Other Suits, Categories: Debt Collection, Consumer Law
J. Boasberg grants the government's motion to quash two groups of individuals' attachments to $10 million in funds associated with an Iranian front company held by Wells Fargo. Allowing the individuals, who have judgments against Iran, to move forward with their writs "would fundamentally undermine Congress’s intended scheme for compensating victims of state-sponsored terrorism."
Court: USDC District of Columbia, Judge: Boasberg, Filed On: June 1, 2023, Case #: 1:21cv420, NOS: Other Statutory Actions - Other Suits, Categories: Terrorism, Damages
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J. Lange denies Brown County, South Dakota's motion to dismiss a matter in which an energy company sought relief against the enforcement of the County's temporary moratorium on pipeline permitting and construction. The county sought dismissal claiming a lack of subject matter jurisdiction, however the energy company has alleged a concrete injury in fact caused by the moratorium.
Court: USDC South Dakota, Judge: Lange, Filed On: June 1, 2023, Case #: 3:22cv3018, NOS: Other Statutory Actions - Other Suits, Categories: Energy, Jurisdiction
J. Kendall partially grants a web design entrepreneur’s motion for attorney fees from an underlying fraud suit brought against him by his former employer. The entrepreneur prevailed on summary judgment in that case, and now the court finds he is due roughly $17,000 in attorney fees.
Court: USDC Northern District of Illinois, Judge: Kendall, Filed On: May 31, 2023, Case #: 1:20cv5709, NOS: Other Statutory Actions - Other Suits, Categories: Civil Procedure, Fraud, Attorney Fees
J. Manglona refuses to dismiss claims by the US that Guam did not properly credit leave periods to active military service members using donated leave, violating statutes regulating service credit and pension benefits. The Guam Government Retirement Fund is considered an employer under the statute and is subject to its obligations. The service members did not waive their rights under the statute by using a leave sharing program, and “no evidence exists on the face of pleadings demonstrating that defendants reached out to the servicemembers informing them that their USERRA rights would be waived by using donated leave. Nor is it clear on the face of the pleading that the benefits of the servicemembers’ salaries under the leave sharing program outweigh the benefits of receiving pension compensation.”
Court: USDC Guam, Judge: Manglona, Filed On: May 30, 2023, Case #: 1:21cv22, NOS: Other Statutory Actions - Other Suits, Categories: Government, Pensions, Military
J. Haikala grants an individual's motion to exclude a marine officer's opinion testimony in a negligence case arising from a Sea-Doo collision, which injured the individual and killed a woman. The officer's opinion regarding the cause of the individual's injuries and his "guesstimates about angles of impact and other unscientific conclusions" that lead him to believe the individual was operating the Sea-Doo at the time of the accident are unreliable.
Court: USDC Northern District of Alabama , Judge: Haikala, Filed On: May 27, 2023, Case #: 5:22cv10, NOS: Other Statutory Actions - Other Suits, Categories: Evidence, Maritime, Negligence
J. Skavdahl denies summary judgment to the Elk Mountain Ranch owner on his claim that the hunters are subject to civil liability for corner-hopping his private property to hunt big game on the public land of Elk Mountain in 2020 and 2021. There is presently no evidence that the hunters touched the surface of the Elk Mountain Ranch owner's private property during their corner-hops or that they physically damaged the property.
Court: USDC Wyoming, Judge: Skavdahl, Filed On: May 26, 2023, Case #: 2:22cv67, NOS: Other Statutory Actions - Other Suits, Categories: Property
J. Wright grants in part six individuals' renewed motion for class certification regarding challenges to the U.S. Department of Homeland Security and U.S. Citizenship and Immigration Services' handling and processing of Special Immigrant Juvenile petitions. The numerosity, commonality, typicality and adequacy requirements are satisfied, therefore the class is certifiable for the tolling provisions claim. However, with respect to the missed deadline claim, the commonality requirement is not satisfied
Court: USDC Central District of California, Judge: Wright, Filed On: May 25, 2023, Case #: 2:22cv1510, NOS: Other Statutory Actions - Other Suits, Categories: Immigration, Class Action
J. Chutkan denies, in part, the government's motion to dismiss discrimination and retaliation claims filed by a veteran and former worker with the Department of Housing and Urban Development. He has adequately pleaded his claims for age and disability discrimination.
Court: USDC District of Columbia, Judge: Chutkan , Filed On: May 24, 2023, Case #: 1:21cv2709, NOS: Other Statutory Actions - Other Suits, Categories: Veterans, Employment Discrimination, Employment Retaliation
J. Lange denied a motion by the United States for dismissal of the Oglala Sioux Tribe's amended complaint alleging a lack of reservation police protection for tribal members. The court grants an expedited preliminary injunction in part to the extent the the United States "may neither abandon altogether funding and support of the Tribe's law enforcement, nor act arbitrarily and capriciously, or otherwise in disregard of that duty." The court held that the United States should reevaluate the Tribe's requested funding including the service population data and provide technical assistance to refine the funding request.
Court: USDC South Dakota, Judge: Lange, Filed On: May 23, 2023, Case #: 5:22cv5066, NOS: Other Statutory Actions - Other Suits, Categories: Native Americans
J. Lindsay orders a 4-year-old child be returned to her father in Italy after the mother allegedly removed her to the U.S. in violation of Italian law and the parties' custody agreement. The parties had agreed Italy would be the child's residence, the mother fails to show the father physically abused or neglected their child, and evidence supports she wrongfully removed the child from Italy.
Court: USDC Northern District of Texas , Judge: Lindsay, Filed On: May 22, 2023, Case #: 3:23cv586, NOS: Other Statutory Actions - Other Suits, Categories: Family Law
J. Joseph denies a request by the U.S. Army Corps of Engineers and dismisses, on jurisdictional grounds, a suit by two Louisiana investors in a venture seeking a mining permit for what may be “the largest gold discovery ever made” in Alaska’s northwest Seward Peninsula. Because the Corps has yet to rule on the investors’ appeal of an initial permit denial, these is “not yet a final decision” by the agency for judicial review, notwithstanding the investors’ argument that the Corps’ appeal process is an “injurious waste of time.” The ruling also notes that “the Corps’ apparent misunderstanding of its own regulations is concerning.”
Court: USDC Middle District of Louisiana, Judge: Joseph, Filed On: May 22, 2023, Case #: 6:23cv114, NOS: Other Statutory Actions - Other Suits, Categories: Environment, Agency, Jurisdiction
J. Alston grants the technology company's motion for an injunction to bar the Navy from accessing, disclosing, or otherwise using the database schema for any purpose other than the normal use of the technology company's software. Naval employees uploaded the private software used to run diagnostics on aircraft carriers onto public websites in violation of the company's copyright rights.
Court: USDC Eastern District of Virginia, Judge: Alston , Filed On: May 19, 2023, Case #: 1:23cv478, NOS: Other Statutory Actions - Other Suits, Categories: Administrative Law, Military, Injunction