96 results for 'filedAt:"2023-12-18"'.
J. Wang certifies the class in claims disputing the cash value of plaintiff's vehicle, which had been declared a total loss following a collision, because plaintiff met numerosity and commonality requirements, and similar class actions against insurers have been certified in other jurisdictions.
Court: USDC Colorado, Judge: Wang, Filed On: December 18, 2023, Case #: 1:22cv878, NOS: Insurance - Contract, Categories: Insurance, Class Action
J. Brann a father’s denies motion for partial summary judgement after his children were killed in a motor vehicle accident in which the mother hit a deer and their vehicle was disabled in the path of a tractor trailer retained by Gateway Freight System. Gateway’s motion for partial summary judgement is granted because the broker is not liable for the actions of the truck company or its driver. A material dispute exists regarding whether Gateway negligently entrusted the trucking company with the shipment.
Court: USDC Middle District of Pennsylvania, Judge: Brann, Filed On: December 18, 2023, Case #: 4:21cv156, NOS: Motor Vehicle - Torts - Personal Injury, Categories: Vehicle, Negligence, Wrongful Death
J. Vratil rules an employee may pursue Americans with Disabilities Act violations against a community college. The employee, who is disabled, sufficiently showed in court that the community college refused to allow her to teach classes remotely, despite her vulnerability to Covid-19.
Court: USDC Kansas, Judge: Vratil, Filed On: December 18, 2023, Case #: 2:23cv2219, NOS: Employment - Civil Rights, Categories: Education, Employment, Covid-19
J. Johnson reverses the town's denial of a property owner's application for private access to a public road. The town board's reasons for denial are variously not within the regulatory purposes specified in an applicable state statute or not supported by sufficient evidence. These reasons include determinations that the property owner had not shown good cause for a second entrance to its property, that the property is equally accessible from the existing entrance, that the road was created by subdivision plats which do not include the property, that the road is part of a "subordinate service district" that does not include the property, that the proposed agricultural use of the property is "incompatible with the character" of the residential street, and that it could cause "liability, drainage and maintenance problems." Reversed.
Court: Minnesota Court Of Appeals, Judge: Johnson, Filed On: December 18, 2023, Case #: A23-0372, Categories: Municipal Law, Property, Zoning
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J. Reyes affirms the district court's dismissal of the data requesters' action seeking data related to election procedures from a county director of property tax and elections. The director is a designee, not the responsible authority, for the relevant data under the Minnesota Government Data Practices Act, and therefore was not a proper defendant for this case. The district court also did not err in dismissing the case without joining the responsible authority as a defendant, nor in dismissing the requesters' request for a declaratory judgment as to whether the county's procedures complied with the Act. It also did not err in determining that it lacked subject-matter jurisdiction over a count seeking a prohibition of the use of modems in voting machines, since the requesters did not comply with relevant service requirements. Affirmed.
Court: Minnesota Court Of Appeals, Judge: Reyes, Filed On: December 18, 2023, Case #: A23-0302, Categories: Elections, Government, Public Record
J. Cochran affirms the district court's determination that the insured is not entitled to recover interest from its insurer under a state law governing interest awarded to insureds who prevail on certain claims in court or arbitration proceedings. An appraisal award is not sufficient to demonstrate that an insured prevailed in a claim against an insurer for the purposes of that statute. Affirmed.
Court: Minnesota Court Of Appeals, Judge: Cochran, Filed On: December 18, 2023, Case #: A23-0466, Categories: Insurance, Contract
J. Ho finds the Board of Immigration Appeals properly ordered the removal of the Mexican immigrant based on a conviction for aggravated sexual assault with a deadly weapon. Aggravated sexual assault with a deadly weapon is a crime of violence and an aggravated felony for purposes of federal immigration law. The petition for review is denied.
Court: 5th Circuit, Judge: Ho , Filed On: December 18, 2023, Case #: 23-60102, Categories: Immigration, Sex Offender
Per curiam, the circuit finds the district court properly found for an insurer. Two insurance companies contributed to a settlement in a negligence suit against a construction company that was insured by both companies consecutively under commercial general liability policies. One company then sued the other for reimbursement, saying the other's policies covered the damages. The plain language of the defendant company's policies, as well as binding case law from Texas and this circuit, indicate it is liable for only a portion of the damages at issue. Affirmed.
Court: 5th Circuit, Judge: Per curiam, Filed On: December 18, 2023, Case #: 22-51114, Categories: Insurance, Settlements, Contract
J. Leyden rules in part for the commissioner of internal revenue in tax liability claims. The taxpayer is entitled to certain business related deductions, but he is liable for penalties related to untimely filings.
Court: U.S. Tax Court, Judge: Leyden, Filed On: December 18, 2023, Case #: 2023-35, Categories: Civil Procedure, Tax
J. Pittman denies, in part, United Airlines motion to dismiss employees' challenge to the airlines now-rescinded Covid-19 vaccine mandate. The employees may pursue their claim for a permanent injunction because, although the airline voluntarily ended its mandate, there is no guarantee it will not impose the vaccine again.
Court: USDC Northern District of Texas , Judge: Pittman, Filed On: December 18, 2023, Case #: 4:21cv1074, NOS: Employment - Civil Rights, Categories: Employment, Covid-19, Injunction
J. Gordon grants the tool company's motion for summary judgment on a customer's negligence claim, precipitated by a customer's nail-gun injury. The tool company did not design, manufacture, distribute or sell the nail gun, nor did it have part in the formulation of any warnings on the packaging. In a separate order, the court certifies a question to the Nevada Supreme Court regarding whether a trademark licensor is subject to strict products liability.
Court: USDC Nevada, Judge: Gordon , Filed On: December 18, 2023, Case #: 2:22cv938, NOS: Personal Injury - Product Liability - Torts - Personal Injury, Categories: Tort, Trademark, Product Liability
J. Du denies the petroleum refinery cleaning company's motion for summary judgment on its claims a former employee breached non-disclosure and noncompete agreements by disclosing a proprietary chemical formula and cleaning process. The 5-year duration at issue here places too great a hardship on the employee, invalidating the non-competition clause. The unreasonable provision renders the agreement unenforceable.
Court: USDC Nevada, Judge: Du , Filed On: December 18, 2023, Case #: 3:21cv48, NOS: Other Contract - Contract, Categories: Unfair Competition, Contract
J. Bevan finds the district court improperly released the mechanic’s lien bond. The construction company filed the bond for release from a lien imposed by the rental company for failure to pay for equipment. The lien release bond was substitute security in a contest of priority over the lien rights of the interested parties and was not associated with the personal rights of the parties against the bond itself. Reversed and vacated.
Court: Idaho Supreme Court, Judge: Bevan , Filed On: December 18, 2023, Case #: 49708, Categories: Construction, Contract
J. Zilly denies the employee's motion to amend the judgment for her complaint that the insurance company wrongfully denied her claim for long-term disability benefits under an employee benefit plan. The employee shows a taxable 2015 income of $104,500 but she does not show that this income is solely from her employment, or that it was her base salary without added funds such as bonuses and overtime pay. The insurance company is to calculate the employee's claim for LTD benefits according to the policy, and then it is to pay pre-judgment interest at a 5.46% rate per annum on unpaid LTD benefits from Oct. 6, 2020 until Oct. 6, 2023, the date of judgment.
Court: USDC Western District of Washington, Judge: Zilly, Filed On: December 18, 2023, Case #: 2:21cv1424, NOS: Employee Retirement Income Security Act (ERISA) - Labor, Categories: Employment, Erisa, Insurance
J. Pryor finds that the district court properly dismissed the church's challenge to a decision handed down by the Drug Enforcement Administration denying the church's petition for a religious exemption to the Controlled Substances Act. The church sought to legally use psychedelic ayahuasca tea as part of its religious exercise. The district court correctly found that it lacked subject matter jurisdiction over the church's claims because the DEA's denial was a final decision made under the Act's control and enforcement subchapter. The other claims raised by the church in its complaint were intertwined with the DEA's final decision. Affirmed.
Court: 11th Circuit, Judge: Pryor, Filed On: December 18, 2023, Case #: 22-11072, Categories: Civil Rights
J. Xinis grants a urology practice’s motion to dismiss for failure to state a claim in this employment dispute brought by two former employees in allegations of failure to provide accommodations, race discrimination, hostile work environment and retaliation. One of the employees’ claims are dismissed for failure to state a claim or show an adverse action; the other’s are dismissed with leave to file an amended complaint to provide a statement of fact why she was the brunt of adverse action claims.
Court: USDC Maryland, Judge: Xinis, Filed On: December 18, 2023, Case #: 8:23cv213, NOS: Employment - Civil Rights, Categories: Ada / Rehabilitation Act, Employment Discrimination, Employment Retaliation
J. Casper enters judgment in favor of a seaman on part of one of HIS claims against the owner of the commercial fishing vessel he was the Captain of, over the owner’s ongoing duty to pay for maintenance cure after September 2020. The seaman’s “October 12, 2018 deposition testimony that ‘he only saw his cardiologist, infectious disease doctor and primary care physician every six months for checkups’” does not establish that he reached maximum medical recovery.
Court: USDC Massachusetts, Judge: Casper, Filed On: December 18, 2023, Case #: 1:17cv11248, NOS: Marine - Contract, Categories: Health Care, Maritime, Damages
J. St. Eve finds that the lower court properly held defendant in criminal contempt for his refusal to answer a prosecutor's question. Defendant took the stand to testify in his own defense, but then attempted to invoke the Fifth Amendment when the prosecutor questioned him. Defendant had already waived his Fifth Amendment right against self-incrimination when he chose to testify and could not validly refuse to answer questions relevant to his testimony. Affirmed.
Court: 7th Circuit, Judge: St. Eve, Filed On: December 18, 2023, Case #: 23-1303, Categories: Firearms, Contempt
J. Cain grants a request by the Roman Catholic diocese of Lake Charles to enforce a settlement of coverage claims with its insurer arising from the diocese’s allegations that employees of the insurer’s mitigation company created more destruction of its insured properties than what had been caused by Hurricane Laura, including stealing computers and equipment, removal and destruction of items not damaged, and leaving certain buildings exposed creating more water intrusion. Contrary to the insurer’s argument, an email from the insurer’s counsel did not revoke an agreement between the litigants. Previous emails show there had already been a meeting of the minds regarding a settlement.
Court: USDC Western District of Louisiana , Judge: Cain, Filed On: December 18, 2023, Case #: 2:21cv3480, NOS: Insurance - Contract, Categories: Evidence, Settlements, Damages
J. Wiley finds that evidence of a distinct tattoo on the shooter's neck, a license plate and phone records provided ample probable cause for defendant's arrest for first degree murder. Counsel was professional and deliberate in her presentation of an underconfidence defense based on the hesitancy of a witness identification. A 75-year to life sentence was supported by his extensive criminal record and his cold-blooded, unhesitating and remorseless execution of a rival taco stand vendor. Affirmed.
Court: California Courts Of Appeal, Judge: Wiley, Filed On: December 18, 2023, Case #: B319020, Categories: Ineffective Assistance, Murder, Sentencing
J. Dillon grants declaratory judgment to the insurance company, clarifying that it is not obligated to provide coverage. A woman contracted with the recovery service to clean, repair and store her personal property following a water loss at her residence. Later she claimed that they had damaged and lost much of her property. The recovery service did not give the insurance company prompt notice of the woman's claim as required by their contract.
Court: USDC Western District of Virginia, Judge: Dillon, Filed On: December 18, 2023, Case #: 5:23cv29, NOS: Insurance - Contract, Categories: Insurance, Property, Contract
J. Sharpe denies motions for summary judgment a female special prosecutor and inspector general’s two remaining employment retaliation claims against her employer, the New York agency that advocates for people with special needs. The court finds there are triable issues as to whether her complaint regarding a sexual relationship between her supervisor and one of his subordinates was alleging quid pro quo sexual harassment and whether or not the retaliation she suffered, including being excluded from meetings, constituted adverse employment actions.
Court: USDC Northern District of New York, Judge: Sharpe, Filed On: December 18, 2023, Case #: 1:19cv1446, NOS: Employment - Civil Rights, Categories: Government, Employment Retaliation