129 results for 'filedAt:"2023-11-01"'.
J. Ford finds that the lower court granted the families' motion for class certification against a nursing home alleging residents were given inadequate care due to understaffing. Residents allegedly faced medication delays, unpalatable food, and sometimes sat in their own waste for hours at a time. The class has adequately shown that all residents of the nursing home were injured by the decline in services due to a change in ownership. Affirmed.
Court: New York Appellate Divisions, Judge: Ford, Filed On: November 1, 2023, Case #: 05495, Categories: Health Care, Class Action
J. Nachmanoff grants summary judgment to the bankruptcy lawyer. The transfer of his home from his property to his and his wife was not disclosed as it should have been in response to a question in the businessman's signed statement of financial affairs, making the property a nonexempt asset. The businessman failed to show that any conduct by his attorney proximately caused either the U.S. Trustee to file its adversary proceeding seeking to deny discharge or that he would have prevailed at the trial.
Court: USDC Eastern District of Virginia, Judge: Nachmanoff, Filed On: November 1, 2023, Case #: 1:22cv751, NOS: Other Contract - Contract, Categories: Bankruptcy, Legal Malpractice, Contract
J. Kennelly denies a pharmaceutical company’s and patients’ motion to exclude the testimony of expert witnesses in a litigation by patients who say they suffered cardiovascular or blood clot injuries as a result of taking prescription testosterone replacement therapy drugs. The pharmaceutical company's motion for summary judgment on patients’ claims for express and implied breach of warranty, negligent misrepresentation, fraud, consumer protection and unjust enrichment is granted. However, the patients’ motion for summary judgment on claims of fail-to-warn, strict liability, loss of consortium and punitive damages shall be denied and returned to the home districts. The punitive damages question shall be transferred to the Middle District of Florida. This one order applies to several, unconsolidated cases.
Court: USDC Northern District of Illinois, Judge: Kennelly, Filed On: November 1, 2023, Case #: 1:14cv1748, NOS: Personal Injury - Health Care/Pharmaceutical Personal Injury/Product Liability - Torts - Personal Injury, Categories: Damages, Product Liability, Experts
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J. Shorr finds the Oregon Water Resources Commission properly denied the East Valley Water District’s application for a permit allowing storage in a reservoir of 12,000 acre-feet of water annually from Drift Creek. “The proposed reservoir and resulting inundation of the creek would conflict with the habitat needs of cutthroat trout, and the beneficial purpose of the instream water right would be frustrated.” Affirmed.
Court: Oregon Court of Appeals, Judge: Shorr, Filed On: November 1, 2023, Case #: A173292, Categories: Water
J. Lagesen finds the trial court erred by civilly committing appellant on the ground that he is unable to provide for his basic needs. “At the time of the purported waiver, counsel had not yet advised appellant of his right to appeal.” Reversed.
Court: Oregon Court of Appeals, Judge: Lagesen, Filed On: November 1, 2023, Case #: A180155, Categories: Commitment
J. Huffaker grants summary judgment in favor of the Alabama Law Enforcement Agency in this lawsuit asserting claims of discrimination and retaliation under Title VII brought by a former patrol sergeant. The sergeant fails to establish enough evidence that he was “singled out” or show that the agency’s stated reasons for his demotion, transfer and termination were pretext for Title VII violations. A reasonable jury could not have found that the supervisor influenced the decision to terminate the sergeant for his protected activity.
Court: USDC Middle District of Alabama, Judge: Huffaker, Filed On: November 1, 2023, Case #: 1:22cv256, NOS: Employment - Civil Rights, Categories: Employment Discrimination, Employment Retaliation
J. McKay holds that the trial court must determine whether equitable considerations excuse an attorney's failure to timely serve a petition to vacate an attorney fee arbitration award. The attorney made multiple, unsuccessful attempts at service and the evidence shows the client had actual notice of the petition within the 100-day deadline. Reversed.
Court: California Courts Of Appeal, Judge: McKay, Filed On: November 1, 2023, Case #: BV 033781, Categories: Arbitration, Attorney Fees
J. Kamins finds the juvenile court properly found a father in remedial contempt and subsequently issued two supplemental judgments awarding the mother attorney fees. “There is evidence that father intentionally hindered reunification efforts ordered by the court.” Affirmed.
Court: Oregon Court of Appeals, Judge: Kamins, Filed On: November 1, 2023, Case #: A177260, Categories: Family Law
J. Simon denies summary judgment to the semiconductor supplier on Apex Micro Manufacturing's negligence claim in the shareholders' lawsuit alleging that that the supplier did not properly inform the shareholders about the export-controlled status of integrated circuits. The supplier had a contractual relationship with Apex in which the former provided the latter with export control information, and the shareholders sufficiently allege their negligence claim because this relationship meant that Apex could not test the semiconductors to see if they were case or temperature related, thus it had to rely on the supplier's datasheets.
Court: USDC Oregon, Judge: Simon, Filed On: November 1, 2023, Case #: 3:19cv86 , NOS: Other Statutory Actions - Other Suits, Categories: Trademark, Contract
J. Brunner finds the administrative law judge properly granted the policyholder's discovery request for documents that would have been excluded in a contract action. The bad faith claim asserted by the policyholder against the insurer is a tort action independent of the insurance contract between the parties and allowed the judge to apply Ohio law in his choice of law analysis. Affirmed.
Court: Ohio Supreme Court, Judge: Brunner, Filed On: November 1, 2023, Case #: 2023-Ohio-3921, Categories: Insurance, Tort, Choice Of Law
J. Nugent denies CSX's motion to dismiss, ruling that although the employee litigated an administrative claim through the Federal Railway Safety Act, she did not waive her right to bring this federal lawsuit, which was filed before the final administrative decision and as a result of CSX and its employees' failure to comply with the investigation under the Act.
Court: USDC Northern District of Ohio, Judge: Nugent, Filed On: November 1, 2023, Case #: 1:23cv1043, NOS: Other Labor Litigation - Labor, Categories: Civil Procedure, Employment Retaliation
J. Burns finds that the trial court must stay trade secret litigation against a company that allegedly received confidential information from an employee it poached from a competitor. The stay should remain in force for the duration of arbitration proceedings between the employee and his previous employer, the competitor. However, the trial court was right that the company cannot require the arbitration of the previous employer's trade secret claims against the company because the company was not a party to an arbitration agreement. Reversed in part.
Court: California Courts Of Appeal, Judge: Burns, Filed On: November 1, 2023, Case #: A165378, Categories: Arbitration, Employment, Trade Secrets
J. Anderson reinstates the great aunt and uncle's appeal of the dismissal of their petition for permanent third-party custody of their great niece. A guardian ad litem, once discharged by a district court, is no longer a party to a custody action and therefore need not be served with an appeal which does not concern its dismissal or discharge. Reversed.
Court: Minnesota Supreme Court, Judge: Anderson, Filed On: November 1, 2023, Case #: A22-0098, Categories: Civil Procedure, Family Law, Guardianship
J. Kindred grants the government's motion for preliminary injunction against an allegedly illegal mining operation. The mine owners refused to allow the Mine Safety and Health Administration to perform an inspection, and continued moving mining equipment. The MSHA later accessed the area via helicopter, where it was determined to be an unregistered gold mining operation. The mine owner again denied MSHA access. MSHA issued 17 citations, and the owner did not "provide evidence that the cited hazards had been abated." The government has shown that it is likely to succeed on the merits "regarding an injunction preventing miners from entering the mine site without receiving proper training first." The mine owners are enjoined from denying MSHA inspectors entry to the mine.
Court: USDC Alaska, Judge: Kindred, Filed On: November 1, 2023, Case #: 4:23cv19, NOS: Other Labor Litigation - Labor, Categories: Labor
J. Olson finds that a lower court improperly entered a non-jury verdict in favor the buyers of a house against its sellers on breach of contract and fraud claims. The buyers failed to provide evidence that their reliance on the sellers’ lack of answers regarding the status of an addition to the home was justified. Vacated in part.
Court: Pennsylvania Superior Court, Judge: Olson, Filed On: November 1, 2023, Case #: J-A09028-23, Categories: Property, Real Estate, Contract
J. Prost finds that the trial court improperly construed the definition of "pipette guiding mechanism" in claims concerning a patent for "machines that measure the amount of energy absorbed or released during a chemical reaction between two compounds."
Court: Federal Circuit, Judge: Prost, Filed On: November 1, 2023, Case #: 2022-1439, Categories: Patent
J. Lucas finds that the administrative law judge improperly held that the division of administrative hearings lacked jurisdiction to award retroactive child support because the legislature has authorized such in the event that the parent has lived with child before the child has turned 18 years old. Reversed.
Court: Florida Courts Of Appeal, Judge: Lucas, Filed On: November 1, 2023, Case #: 2D22-4083, Categories: Family Law, Jurisdiction