111 results for 'filedAt:"2024-01-08"'.
J. Poochigian finds that the trial court properly granted summary judgment to an irrigation district that operated a canal drain where two people drowned. Canal immunity barred the dangerous condition of public property claim because the father and daughter were not using the canal in the manner intended by the government when their vehicle ran off the road and overturned in the drain, even though the use was not volitional. Affirmed.
Court: California Courts Of Appeal, Judge: Poochigian, Filed On: January 8, 2024, Case #: F084621, Categories: Immunity, Wrongful Death
J. Barker denies, in part, the prison guard's motion for summary judgment, ruling a question of fact precludes judgment on the excessive force claim filed by the inmate related to being shoved down the stairs. Video footage does not clearly disprove the inmate's claim the officer pushed him into the door frame and caused him to fall. However, the rest of the complaint will be dismissed because none of the officer's remaining conduct, including roughly helping the inmate up to his feet and failing to give him medication at a precise time, rises to the level required for a deliberate indifference claim.
Court: USDC Northern District of Ohio, Judge: Barker, Filed On: January 8, 2024, Case #: 1:21cv1913, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Evidence, Prisoners' Rights
J. Raphael finds that the trial court properly awarded a mattress manufacturer some of the costs it incurred before mattress buyers dismissed their products liability suit. The manufacturer did not know the case would be dismissed before it started discovery and paid fees for service of process and court reporters in preparation for depositions. Affirmed.
Court: California Courts Of Appeal, Judge: Raphael, Filed On: January 8, 2024, Case #: E079859, Categories: Consumer Law, Product Liability, Attorney Fees
J. Dever partially grants a school board’s motion to dismiss allegations of civil rights violations brought by a former assistant principal. The assistant principal, a white man, argues that he was subject to systematic racial harassment and race and sex discrimination, specifically by the school’s superintendent, as evidenced by things like not promoting him and not providing him functioning equipment when testing students. The assistant principal’s retaliation claims against the board and superintendent survive as he was able to prove he engaged in protected activity and leave just before he was suspended without pay, then fired. However, his discrimination claims fail because his comparisons of treatment between himself and Black employees were not sufficient.
Court: USDC Eastern District of North Carolina, Judge: Dever, Filed On: January 8, 2024, Case #: 2:23cv30, NOS: Employment - Civil Rights, Categories: Employment, Employment Discrimination, Employment Retaliation
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J. Sabraw partly grants an insurance company's motion for partial summary judgment concerning claims that another insurance company withdrew representation on behalf of a construction company in an underlying lawsuit over a poorly constructed a garage. The insurance company sufficiently shows that the second insurer is obligated for equitable contribution because its policy was in effect at the time of the incident.
Court: USDC Southern District of California, Judge: Sabraw, Filed On: January 8, 2024, Case #: 3:23cv79, NOS: Insurance - Contract, Categories: Insurance, Indemnification
J. Major partially grants the parents' motion to compel the county to produce certain documents in their lawsuit alleging that the county violated their rights by impermissibly conducting video surveillance of their child during their investigation into abuse accusations against the parents. The parents are entitled to the names and contact information for all individuals that participated in the decision to videotape the child. The parents' need for the information outweighs the state's interests in keeping the juvenile case file materials confidential.
Court: USDC Southern District of California, Judge: Major, Filed On: January 8, 2024, Case #: 3:21cv341, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Discovery, Privilege
J. Wilson finds the district court properly dismissed a deckhand's injury action. A towing company was improperly joined as a party and, therefore, the district court properly disregarded disregarded and dismissed it, which left no defendants. Affirmed.
Court: 5th Circuit, Judge: Wilson , Filed On: January 8, 2024, Case #: 23-30112, Categories: Admiralty, Tort, Negligence
J. Higginson finds the district court properly found for a university on a black administrative coordinator's sexual harassment and retaliation suit. The record demonstrates the university took prompt remedial action after an investigation supported her claim that a veterinarian had slapped her on the buttocks. Furthermore, she fails to show the university's reasons for relocating her were pretextual. Affirmed.
Court: 5th Circuit, Judge: Higginson , Filed On: January 8, 2024, Case #: 22-30699, Categories: Education, Employment Discrimination, Employment Retaliation
J. Jones vacates a jury verdict and $6.5 million penalty against a holdings company and broker following the Commodity Futures Trading Commission's trial against them concerning the broker's discretionary trading for an account over which he had power of attorney in the same markets where he acted as a broker for other clients. The company lacked fair notice of the commission's new interpretation of a rule barring a broker's "taking the other side of orders." The rule applies only to brokers who have a financial interest and not who merely “make the decision to trade opposite the order and execute [that] trade.” Vacated in part.
Court: 5th Circuit, Judge: EOX Holdings Jones, Filed On: January 8, 2024, Case #: 22-20622 , Categories: Administrative Law, Securities, Agency
J. Oldham grants a petition for review of a decision by the Department of Energy to tighten regulations for dishwashers and washing machines. It is unclear the department has authority to regulate water use in those appliances. Furthermore, its new rule also fails to adequately consider appliance performance and substitution effects, as well as evidence that conservation standards are actually resulting in more energy and water use. The department must consider remedies short of repeal of existing rules.
Court: 5th Circuit, Judge: Oldham , Filed On: January 8, 2024, Case #: 22-60146 , Categories: Administrative Law, Energy, Environment
J. Blackwell grants summary judgment to the life insurance company in its interpleader action seeking to be discharged from a dispute over the proceeds of a deceased father's policy between his children and his ex-domestic partner. The domestic partner's counterclaim is dismissed, and the proceeds are distributed between the sons after deducting attorney's fees and costs for the life insurance company. A reasonable jury could not concur with the partner's claims that the decedent's decision to change the beneficiaries of his life insurance shortly before his death was unduly influenced by the sons and that the insurance company failed to investigate that possibility.
Court: USDC Minnesota, Judge: Blackwell, Filed On: January 8, 2024, Case #: 0:22cv605, NOS: Insurance - Contract, Categories: Insurance, Contract
J. Kirsch finds that the lower court properly denied the contractor's motion for a new trial after it was found liable for defrauding two homeowners, whom a jury awarded $905,000 in damages. The jury instructions did not improperly instruct the jury that the contractor intended from the outset to punish the homeowners for not completing the contract. Further, the damages award is reasonable because the contractor's actions caused the homeowners not to receive a return of their down payment of $117,000 for five years. Affirmed.
Court: 7th Circuit, Judge: Kirsch, Filed On: January 8, 2024, Case #: 22-2267, Categories: Construction, Fraud, Damages
J. Gilstrap rules in favor of the plaintiff company in finding it is not liable for breach of Fair, Reasonable, and Non-Discriminatory licensing (FRAND) obligations as to the patents-in-suit based on the prior patent owner's conduct. The applicable French law does not "allow imputation of a prior patent owner’s conduct to a subsequent owner when determining if the subsequent owner has breached the FRAND commitment regarding standard essential patents." Though, the defendant company may present evidence of such conduct by the prior patent owner to defend against the willful infringement allegations.
Court: USDC Eastern District of Texas , Judge: Gilstrap, Filed On: January 8, 2024, Case #: 2:22cv78, NOS: Patent - Property Rights, Categories: Civil Procedure, International Law, Patent
J. McNamee grants a dental practice acquisition company's motion for judgment on the pleadings concerning a dentist's contract claims. The dental practice acquisition company sufficiently showed in court that the dental practice was not registered as a broker/ dealer in order to secure new practices on its behalf.
Court: USDC Arizona, Judge: McNamee, Filed On: January 8, 2024, Case #: 2:23cv721, NOS: Other Contract - Contract, Categories: Fraud, Contract
J. Maze grants Fiat Chrysler’s motion for summary judgment on product liability claims brought by a couple alleging defective product design, manufacturing defect and breach of warranty. The couple failed to prove that their Fiat 500X SUV caught fire in the driveway, then the fire spread to the home, because of a defective engine. They only brought their own photos of the fire and the fire report, and not any expert testimony that could point to Fiat Chrysler’s liability.
Court: USDC Northern District of Alabama , Judge: Maze, Filed On: January 8, 2024, Case #: 1:22cv980, NOS: Personal Injury - Product Liability - Torts - Personal Injury, Categories: Evidence, Product Liability, Warranty
J. Lemmon denies summary judgment to Union Pacific Railroad on the argument the company is not responsible for injuries a rail car inspector suffered when he fell asleep at the wheel of his car and drove off a road after completing a 16-hour shift. The railroad asserts the employee was not acting in the course and scope of his employment. While the accident took place two minutes after the worker left the railyard, the extreme fatigue occurred while he was on-duty and exposed him to danger not faced by the average commuter. Because the employee alleges the railroad was negligent per se in causing the car crash, the employee is relieved of proving the usual elements of duty and breach required by federal law.
Court: USDC Eastern District of Louisiana , Judge: Lemmon, Filed On: January 8, 2024, Case #: 2:21cv2045, NOS: Federal Employers’ Liability - Torts - Personal Injury, Categories: Employment, Evidence, Negligence
J. Dever denies a Spectrum customer’s motions to amend and for extension of time after the communications company opposed her motions to amend following the customer’s complaints about her Wi-Fi service. The customer, a “notorious pro se litigant,” argues that her internet service was not adequate and that she should not have to pay for it. Her claims are insufficient for breach of contract on the federal level, and the case is remanded for her state claims.
Court: USDC Eastern District of North Carolina, Judge: Dever, Filed On: January 8, 2024, Case #: 5:23cv408, NOS: Other Contract - Contract, Categories: Communications, Contract, Technology