749 results for 'nos:"Other Personal Injury - Torts - Personal Injury"'.
J. Nagala grants, in part, the former boarding school student's motion to compel in his negligence case arising from an alleged sexual assault. The mediation documents he requests must be produced by the school, except for those created by attorneys, which are subject to attorney-client privilege. Additionally, the correspondence between the school and its insurer regarding other allegations of sexual assault by the school's former dean of students are within the scope of discovery for this lawsuit and must be filed with the court after the creation of a protection order.
Court: USDC Connecticut, Judge: Nagala, Filed On: July 10, 2023, Case #: 3:20cv1822, NOS: Other Personal Injury - Torts - Personal Injury, Categories: Negligence, Discovery, Privilege
J. Caproni finds for the U.S. on a couple's claims stemming from an incident where a military working dog inspecting a truck for explosives near Trump Tower in Manhattan bit the wife as she cycled past. There is no remedy for the Secret Service's failure to retire the dog, even though his handler reported the dog showed aggressive tendencies. New York law does not recognize a valid negligence claim stemming from an animal owner's negligence.
Court: USDC Southern District of New York, Judge: Caproni, Filed On: July 7, 2023, Case #: 1:21cv7099, NOS: Other Personal Injury - Torts - Personal Injury, Categories: Tort, Negligence
J. Berton denies a motion for sanctions brought by a consumer in a personal injury case against Lowe’s. While the consumer now argues that he was prejudiced by discovery delays on the part of Lowe’s, this argument makes “little to no sense,” as the parties mutually agreed to extend discovery deadlines.
Court: USDC Western District of Texas , Judge: Berton, Filed On: July 7, 2023, Case #: 3:22cv296, NOS: Other Personal Injury - Torts - Personal Injury, Categories: Sanctions, Tort, Discovery
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J. Saylor grants a stadium owner’s motion for summary judgment against a spectator who fell at the stadium after slipping on a drink spilled by another spectator. Massachusetts doesn’t require cups to be sold with spill-proof lids even in situations where consumers carry their own drinks while traveling from concession stands to their seats, so it is outside of this court’s jurisdiction to determine that the stadium owner was liable. Because the fall occurred only a few seconds after a drink fell, the stadium owner and its contractors were not at fault for failing to remove the spill in time because they didn’t have enough notice of the spill.
Court: USDC Massachusetts, Judge: Saylor, Filed On: July 7, 2023, Case #: 1:21cv10910, NOS: Other Personal Injury - Torts - Personal Injury, Categories: Jurisdiction, Premises Liability
J. Jenkins grants a television channel’s motion to dismiss a privacy class action, brought by viewers who claim it illegally scraped their video viewing data off of Facebook. The court finds the class of viewers failed to state a claim, as they purchased no service from the television channel and are thus not “consumers” per the Video Privacy Protection Act.
Court: USDC Northern District of Illinois, Judge: Jenkins, Filed On: July 6, 2023, Case #: 1:22cv5963, NOS: Other Personal Injury - Torts - Personal Injury, Categories: Privacy, Class Action, Technology
J. Lamberth denies, in part, family members' renewed motion for default judgment on the emotional distress claims arising from terrorist attacks. The District of Columbia choice-of-law principles apply and, therefore, the domiciles of the family members, including Maryland, South Africa And England, apply to their emotional distress claims.
Court: USDC District of Columbia, Judge: Lamberth, Filed On: July 5, 2023, Case #: 1:20cv1227, NOS: Other Personal Injury - Torts - Personal Injury, Categories: Terrorism, Emotional Distress, Choice Of Law
J. Haight denies the hotel's motion to exclude expert witness reports as untimely, ruling several discovery extensions granted during the Covid-19 pandemic allowed for late submission of the reports by the injured customer and her attorneys. Additionally, the hotel failed to show any prejudice resulting from the admission of the expert reports, all of which are crucial to the customer's case.
Court: USDC Connecticut, Judge: Haight, Filed On: June 30, 2023, Case #: 3:18cv2000, NOS: Other Personal Injury - Torts - Personal Injury, Categories: Negligence, Experts, Discovery
J. Behm partially grants the staffing company's motion to dismiss a negligence and breach of implied contract class action as to claims for unjust enrichment and declaratory judgment. The action arose after the individual's personal identifiable information was exposed in a cyberattack due to the company's alleged failure to properly safeguard their computer network. The individual failed to show that the company obtained some monetary benefit or profit from him to support the unjust enrichment claim. However, the individual alleged sufficient damages to state a negligence claim, including the fact that his information was used by someone to fraudulently apply for a loan.
Court: USDC Eastern District of Michigan, Judge: Behm, Filed On: June 30, 2023, Case #: 4:22cv12086, NOS: Other Personal Injury - Torts - Personal Injury, Categories: Negligence, Class Action, Contract
J. Boulee partially grants two companies' motions to partially dismiss a wrongful death and negligence action brought by a widow and a grandmother arising after the decedent was crushed and his grandson was trapped by a camper's slide-out room extender. The strict liability claims are dismissed as barred by the statute of repose because the claim was filed more than 10 years after the date of the original camper purchase. A 2020 tolling order issued by the Georgia Supreme Court related to the Covid-19 emergency order did not apply to the statute of repose. However, the negligence claim is not barred by the statute of repose because the widow and grandmother sufficiently alleged that the companies acted with at least reckless disregard for life.
Court: USDC Northern District of Georgia, Judge: Boulee, Filed On: June 29, 2023, Case #: 1:22cv3605, NOS: Other Personal Injury - Torts - Personal Injury, Categories: Negligence, Wrongful Death
J. Liburdi rules a native of Mexico may pursue infliction of emotional distress claims against the government. The mother, who crossed the U.S. border from Mexico with her daughter, sufficiently showed that border patrol officers separated them and placed them in a "cold, windowless, crowded cell" with no bedding or bathroom, which resulted in the child becoming overwhelmed, fainting and falling face first into the concrete floor.
Court: USDC Arizona, Judge: Liburdi, Filed On: June 28, 2023, Case #: 2:22cv683, NOS: Other Personal Injury - Torts - Personal Injury, Categories: Civil Rights, Immigration, Emotional Distress
J. Tunheim denies the firearm retailers' motion to dismiss the state's suit against them alleging that they sold firearms to individuals that they knew or should have known were "straw purchasers" buying guns for people who could not legally do so themselves, but also denies the state's motion to remand the case to state court. The state's reliance on federal laws, regulations and guidance in its complaint is sufficient to raise a federal issue despite including only state-law causes of action. Its complaint is also not preempted by the Protection of Lawful Commerce in Arms Act, and its claims are plausibly alleged.
Court: USDC Minnesota, Judge: Tunheim, Filed On: June 27, 2023, Case #: 0:22cv2694, NOS: Other Personal Injury - Torts - Personal Injury, Categories: Preemption, Jurisdiction, Firearms
J. Starr finds for two sets of parties on the opposing claims against each in a trademark infringement and conversion case. The limited liability company fails to plausibly plead its claims for trademark infringement and unfair competition, while the opposing parties also fail to support their claims for conversion, tortious interference with contract and fraudulent inducement, among others.
Court: USDC Northern District of Texas , Judge: Starr, Filed On: June 26, 2023, Case #: 3:20cv3008, NOS: Other Personal Injury - Torts - Personal Injury, Categories: Trademark, Conversion, Contract
J. Shah grants Microsoft’s motion to compel arbitration in a Biometric Information Privacy Act case brought against it by two Uber drivers. The drivers sued the tech giant over Uber using its facial recognition to collect their facial geometry without their consent as part of the rideshare company’s “real time ID check” system. The drivers are bound by an arbitration clause in their contract with Uber, and as Microsoft is a third-party beneficiary of that contract, the court agrees their claims against it must also go to arbitration.
Court: USDC Northern District of Illinois, Judge: Shah, Filed On: June 26, 2023, Case #: 1:21cv3229, NOS: Other Personal Injury - Torts - Personal Injury, Categories: Arbitration, Privacy, Business Practices
J. Currault grants a request by United Parcel Service (UPS), ordering a Target employee to question a UPS driver at the UPS headquarters at Atlanta, not in the New Orleans area where the Target employee was allegedly injured when the UPS driver moved his truck. The Target employee has offered no reason to justify departure from holding his deposition at the UPS Atlanta headquarters.
Court: USDC Eastern District of Louisiana , Judge: Currault, Filed On: June 26, 2023, Case #: 2:23cv392, NOS: Other Personal Injury - Torts - Personal Injury, Categories: Civil Procedure, Jurisdiction, Discovery