105 results for 'filedAt:"2023-05-22"'.
J. Vigil finds New Mexico regulators erred in not only denying a phone company’s status as an “eligible telecommunications carrier,” which would make the company eligible for federal funding, but also banning the company from ever again applying for this designation. Regulators lack “express or implied statutory authority” to impose such a ban. Reversed.
Court: New Mexico Supreme Court, Judge: Vigil, Filed On: May 22, 2023, Case #: S-1-SC-38812, Categories: Communications, Government, Agency
J. Palafox finds a lower court did not err in declining to dismiss a negligence and wrongful death suit against a hospital after a patient died following alleged “use or misuse of a catheter.” That patient initially brought suit over the incident and his widow continued the case after his death. While the hospital sought a plea to the jurisdiction and argued it had provided reasonable care to the patient, that question is “not relevant to our analysis today.” Rather, the question is whether the patient’s injury was “proximately caused” by “tangible property” belonging to the hospital, and the hospital has not been able to show otherwise. Affirmed.
Court: Texas Courts of Appeals, Judge: Palafox, Filed On: May 22, 2023, Case #: 08-22-00112-CV, Categories: Health Care, Negligence, Wrongful Death
J. Kugler grants an insurer a court order stating a second insurer must provide a construction company indemnification in personal injury claims and reimburse the insurer for defense costs because the company was an additional insured under the second insurer's policy, which thus constitutes the primary policy.
Court: USDC New Jersey, Judge: Kugler , Filed On: May 22, 2023, Case #: 1:21cv7668, NOS: Insurance - Contract, Categories: Insurance
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J. Thrash partially grants the employer's motion to dismiss an action brought by the relator alleging violations of the False Claims Act. The relator claimed that the employer billed the government for durable medical equipment which was medically unnecessary, overpriced or not in compliance with state healthcare regulations. However, the relator's claims with regard to some violations of the licensing scheme raise concerns as to whether the equipment supplied by the employer was safe and effective for patients in Florida to use. The relator also presented facts showing that the employer's licensing lapses were knowing and not the result of simple negligence.
Court: USDC Northern District of Georgia, Judge: Thrash, Filed On: May 22, 2023, Case #: 1:20cv4181, NOS: Qui Tam (31 U.S.C. § 3729(a)) - Torts - Personal Property, Categories: False Claims
J. Zimmerman finds that while the zoning officials and trustees were not members of law enforcement or prosecuting attorneys and improperly issued search warrants for the property owner's farm, the lower court properly dismissed the owner's complaint. The evidence used to obtain the warrants gave the officials probable cause to conduct the administrative searches. Affirmed.
Court: Ohio Court Of Appeals, Judge: Zimmerman, Filed On: May 22, 2023, Case #: 2023-Ohio-1704, Categories: Administrative Law, Constitution, Zoning
J. McHaney finds that the lower court improperly terminated the father's parental rights. The state failed to conduct a diligent inquiry to locate the father as required for service by publication, and in fact, the state failed to even attempt to serve the father by personal service or certified mail despite knowing a recent address. Reversed.
Court: Illinois Appellate Court, Judge: McHaney, Filed On: May 22, 2023, Case #: 230012, Categories: Civil Procedure, Family Law
J. Reyes affirms the district court's dismissal of a probate proceeding involving an out-of-state decedent, finding that the district court did not abuse its discretion by raising the issue of an improper venue and that it provided sufficient notice to the creditor for the hearing on venue. The district court also did not abuse its discretion by denying in part a motion for amended findings of fact, and its order denying a motion for a new trial was not appealable. Affirmed.
Court: Minnesota Court Of Appeals, Judge: Reyes, Filed On: May 22, 2023, Case #: A22-1262, Categories: Wills / Probate, Venue
J. Brasel grants summary judgment to the city and its officials in the landlords' suit against them alleging that a rent-stabilization ordinance passed by voters in 2021 is unconstitutional under the Minnesota and U.S. Constitutions. The ordinance does not substantially impair the landlords' leases under the contract clause and it appropriately and reasonably advances a significant and legitimate purpose, namely ensuring that residents have access to affordable housing. The landlords also have not shown that the ordinance violates the Due Process Clause, causing their Section 1983 claim to fail, and a preemption claim under state law is moot. Finally, the ordinance does not create a regulatory taking under either Constitution.
Court: USDC Minnesota, Judge: Brasel, Filed On: May 22, 2023, Case #: 0:22cv1589, NOS: Constitutionality of State Statutes - Other Suits, Categories: Constitution, Municipal Law, Housing
J. Loken finds a lower court properly dismissed a physician's civil rights claims against a board of medicine. The physician argued that he is entitled to declaratory judgment and injunctive relief to halt continuing physician disciplinary proceedings on charges that he accessed patient records during his residency at a hospital, and that the proceedings violate HIPAA and due process. However, the physician failed to exhaust State remedies. Affirmed in part.
Court: 8th Circuit, Judge: Loken, Filed On: May 22, 2023, Case #: 22-2442, Categories: Civil Rights, Employment, Health Care
J. Shah partially grants a medical services consultant company’s motion to dismiss fraud claims, brought by a sports medicine center that received an unsolicited fax for a Covid-19 aftercare seminar from the company. The court dismisses the sports medicine center’s state law fraud claims, but allows its Telephone Consumer Protection Act claims to proceed. The court also denies the sports medicine center’s motion to strike the consultant company’s affirmative defenses.
Court: USDC Northern District of Illinois, Judge: Shah, Filed On: May 22, 2023, Case #: 1:22cv4198, NOS: Telephone Consumer Protection Act (TCPA) - Other Suits, Categories: Fraud, Consumer Law, Privacy
J. Branch finds that the district court properly ruled in favor of Walmart in a negligence action brought by the customer arising from injuries she suffered after slipping on liquid. The district court correctly analyzed the customer's claim under the framework of premises liability rather than under an active negligence theory. There is no evidence that the employee was aware that bags of trash were leaking or that he intentionally took action to place liquid on the floor. The district court also correctly denied the customer's claim for spoliation of evidence and the related sanctions request because the destruction of video footage from one camera arose out of mere negligence and the customer was not prejudiced by the loss. Affirmed.
Court: 11th Circuit, Judge: Branch, Filed On: May 22, 2023, Case #: 22-13637, Categories: Sanctions, Negligence, Premises Liability
J. Lavin finds that the lower court properly determined the District had to pay the former firefighter's health insurance premiums because he met the requirements of showing he suffered a catastrophic injury - cancer - resulting from his response to fires that exposed him to chemicals, fertilizers, and radiation. The firefighter is not required to prove that his exposure to these carcinogens was the sole cause of his cancer. Affirmed.
Court: Illinois Appellate Court, Judge: Lavin, Filed On: May 22, 2023, Case #: 220879, Categories: Health Care, Insurance, Pensions
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. Laplante denies a couple’s claim that, following the wife suffering injuries from slipping and falling at a bar, its insurance provider is required to pay the almost $400,000 judgment against the bar to plaintiffs. The insurer wasn’t notified of the incident until approximately four months after the default judgment was entered, and while there are narrow circumstances that would require an insurer to cover a judgment even with a delay, those circumstances weren’t present in this case and there was no rationale to justify the delay.
Court: USDC New Hampshire, Judge: Laplante, Filed On: May 22, 2023, Case #: 1:21cv846, NOS: Insurance - Contract, Categories: Insurance, Premises Liability
J. D’Agostino adopts a magistrate judge’s order and enters judgment in favor of the Cohoes Police Department and three of its officers on a self-represented litigant’s claims alleging Fourth and Fourteenth Amendment violations in connection with a traffic stop. The officers pulled him over for allegedly failing to turn on his turn signal within 100 feet of a stop sign and then arrested him after discovering there was a warrant out for his arrest from immigration services. He fails to allege the officers lacked probable cause to initiate the traffic stop or to arrest him.
Court: USDC Northern District of New York, Judge: D’Agostino, Filed On: May 22, 2023, Case #: 1:22cv984, NOS: Other Civil Rights - Civil Rights, Categories: Immigration, Police Misconduct
J. Hamilton finds that the lower court grants defendant's motion to dismiss his counsel, and affirms his revocation sentence of 82 months, after he immediately violated several conditions of his supervised release and committed eight robberies. This sentence does not exceed the maximum possible sentence of 144 months, so it is not excessive. Affirmed.
Court: 7th Circuit, Judge: Hamilton, Filed On: May 22, 2023, Case #: 21-3412, Categories: Robbery, Sentencing