150 results for 'filedAt:"2024-02-01"'.
J. Blake denies a recovery center’s motion for partial summary judgment in this complaint of Fair Housing Act, Section 504 of the Rehabilitation Act and Americans with Disabilities Act violations after an application for a use and occupancy permit was denied by the city. The center alleges it was denied due to discriminatory beliefs of the future residents from community opposition. No reasonable finder of fact could find that discrimination was the sole reason to deny the application. The court grants, in part, the city’s cross motion for summary judgment. The finder of fact could find the decision to enforce the city code was arbitrary and irrational. Therefore, the court denies all claims for both parties except the Rehabilitation Act for the city.
Court: USDC Maryland, Judge: Blake, Filed On: February 1, 2024, Case #: 1:21cv1774, NOS: Amer w/Disabilities - Other - Civil Rights, Categories: Ada / Rehabilitation Act, Government, Property
J. Vitter denies an insurer's request to dismiss a policyholder’s coverage claims on grounds he failed to add two additional named insureds to his suit. The insurer “appears to misunderstand” the rules of civil procedure it alleges its insured is violating. The failure to add a person deemed a required litigant to the suit does not mandate the dismissal of the entire action; rather, the proper remedy in such a scenario is for an order that the “absent-yet-required" person be made a litigant in the case.
Court: USDC Eastern District of Louisiana , Judge: Vitter, Filed On: February 1, 2024, Case #: 2:23cv6331, NOS: Insurance - Contract, Categories: Civil Procedure, Insurance, Damages
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Per curiam. The Eighth Circuit finds a lower court properly charged a defendant for conspiracy to distribute and possession with intent to distribute meth, cocaine, fentanyl, heroin, and marijuana, as well as engaging in money laundering. The defendant argued that the lower court erred in calculating the amount of drug quantities he possessed and distributed, and that his representation wrongfully allowed him to plead guilty to his crimes without a plea agreement. However, the government sufficiently showed in court that the defendant waived objections to the amount of drugs he possessed, minus marijuana, and that his ineffective counsel claim were not exceptional. Affirmed.
Court: 8th Circuit, Judge: Per curiam, Filed On: February 1, 2024, Case #: 22-2417, Categories: Drug Offender, Sentencing, Money Laundering
J. Andrews finds a lower court properly dismissed a client's professional negligence claims against a law firm. The client, who underwent an amputation of her leg after she was injured on holiday in Turkey, argued that she was entitled to pursue personal injury claims against a travel agent's insurance company. However, the insurance company sufficiently showed in court that she failed to promptly notify it. Affirmed.
Court: Her Majesty's Court of Appeal, Judge: Andrews, Filed On: February 1, 2024, Case #: CA-2022-1731, Categories: Insurance, Negligence
J. Nye grants the Department of Energy's motion to dismiss the county's suit regarding nuclear materials stored at the Idaho National Laboratory. The county alleges that the DOE "should have determined the social and economic impacts as required." The county "has not met its burden of establishing standing...because it has not articulated an actual or concrete injury it has suffered." Additionally, "a six-year statute of limitations applies to actions brought pursuant to the APA," therefore many of the county's claims are time-barred.
Court: USDC Idaho, Judge: Nye, Filed On: February 1, 2024, Case #: 4:23cv93, NOS: Administrative Procedure Act/Review or Appeal of Agency Decision - Other Suits, Categories: Administrative Law
J. Abrams grants the employer's motion to dismiss the employee's securities fraud claims. The employee does not allege that the employer misrepresented the value of its stock or misrepresented attributes of the stock that would induce an investor to buy. Rather, the alleged misrepresentations solely concern the vesting of options as related to the employee's position. The employee's race discrimination claims may proceed.
Court: USDC Southern District of New York, Judge: Abrams, Filed On: February 1, 2024, Case #: 1:23cv2591, NOS: Employment - Civil Rights, Categories: Employment, Securities
J. Easterly upholds the Board of Governors' denial of Valeriano Diviacchi's petition for reinstatement to the D.C. Bar. The board's reliance on disciplinary actions by foreign jurisdictions against Diviacchi was not improper, and its denial without hearing did not violate his due process rights. Affirmed.
Court: DC Court of Appeals, Judge: Easterly, Filed On: February 1, 2024, Case #: 22-BG-0827 , Categories: Administrative Law
J. Hixson finds the county court properly found for the medical center. The mother who underwent an emergency c-section brought negligence claims against the doctor after she experienced a surgical wound separation, which was repaired, then, 9 years later, underwent a hiatal hernia repair procedure. No information in the mother's Cameroonian gynecological expert's affidavit would allow one to conclude that he is qualified to testify on the standard of care in performing c-sections in the U.S. Affirmed.
Court: Oklahoma Courts Of Appeal, Judge: Hixson , Filed On: February 1, 2024, Case #: 120354, Categories: Health Care, International Law, Experts
J. Silva grants Pennymac's motion to dismiss this suit attempting to prevent foreclosure on the borrower's property loan. The borrower's complaint, alleging debt collection and consumer credit violations, does not enumerate the causes of action. The debt collection claim regarding this non-judicial foreclosure by a loan servicer does not constitute debt collection.
Court: USDC Nevada, Judge: Silva , Filed On: February 1, 2024, Case #: 2:23cv1020, NOS: All Other Real Property - Real Property, Categories: Property, Banking / Lending, Foreclosure
Per curiam, the appellate division finds that the lower court properly declined to dismiss a breach of fiduciary duty claim against the building owner alleging it fraudulently passed on to unit owners the costs of construction and maintenance disguised as condominium common charges. The owner's actions to conceal renovation charges in the common charge assessments is a core element of the unit owners' claims, so the claims are subject to a six-year statute of limitations. Affirmed.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: February 1, 2024, Case #: 00450, Categories: Civil Procedure, Fraud, Property
Per curiam, the appellate division finds that the lower court properly dismissed a personal injury suit against the limousine service because the man failed to show he sustained a serious injury in the accident. An MRI taken after the accident showed degenerative conditions and no traumatic injuries. Affirmed.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: February 1, 2024, Case #: 00451, Categories: Tort
J. Alston grants the government's motion to dismiss. The government employee tried for the third time, after being dismissed in two identical cases, to sue the government for mandating all federal employees become fully vaccinated against COVID-19, but his claims are barred by res judicata.
Court: USDC Eastern District of Virginia, Judge: Alston, Filed On: February 1, 2024, Case #: 1:23cv671, NOS: Other Personal Injury - Torts - Personal Injury, Categories: Government, Covid-19, Employment Discrimination
J. Garry finds that the lower court properly rejected a challenge to the decision approving subdivision of a property in a protected mountain area. The property owner, a trained biologist and forestry professional, performed his own environmental analysis, and a consulting professional engineer conducted review. Meanwhile, plaintiffs had standing since two plaintiffs lived close to the affected area. Affirmed.
Court: New York Appellate Divisions, Judge: Garry, Filed On: February 1, 2024, Case #: CV-22-2337, Categories: Environment, Property
J. Aarons finds that the lower court properly revoked defendant's probation and resentenced him to prison based on his guilty plea to selling drugs. Defendant failed to preserve his contention that he did not voluntarily admit to violating probation, and he made no statements triggering the narrow exception to the preservation requirement. Affirmed.c
Court: New York Appellate Divisions, Judge: Aarons, Filed On: February 1, 2024, Case #: 110739, Categories: Criminal Procedure, Drug Offender, Probation
J. Pechman declines to dismiss the mental health service's complaint that two of its former therapists used the mental health service's trade secrets to form the mental health company. The mental health service sufficiently pleads a connection between its DTSA claim and interstate commerce claim, because it alleges that its clients paid for its services through interstate insurance plans such as Medicare while other clients came from outside Washington state, and one of the former therapists solicited many of these clients via email, which affects interstate commerce.
Court: USDC Western District of Washington, Judge: Pechman, Filed On: February 1, 2024, Case #: 2:23cv1239, NOS: Defend Trade Secrets Act of 2016 (DTSA) - Property Rights, Categories: Trade Secrets, Jurisdiction
Per curiam, the appellate division finds that an inmate was properly found guilty of violating prison rules for having weapons fashioned from a toothbrush handle and a piece of plexiglass hidden in his cell because whether his cell had been searched for contraband prior to his placement was immaterial to his responsibility to ensure unauthorized items were not present. Affirmed.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: February 1, 2024, Case #: CV-23-0841, Categories: Weapons, Prisoners' Rights
J. Whitney grants a utility provider’s motion to dismiss allegations of race discrimination brought by a former engineer after the provider failed to promote him and allegedly told him he’d never be in a leadership position. The engineer, a Black man, claimed the provider would not promote him based on his race, so he began working for another provider. He claims he received similar treatment there as well as a pay cut, which he believes is because of the companies sharing information about him. However, under federal discrimination law, the subject incidents happened too long ago and are time-barred.
Court: USDC Western District of North Carolina, Judge: Whitney, Filed On: February 1, 2024, Case #: 3:23cv333, NOS: Employment - Civil Rights, Categories: Civil Rights, Employment, Employment Discrimination
Chancellor McCormick declines to dismiss shareholder derivative claims brought after directors and officers of a cryptocurrency platform sold $2.9 billion in stock a month before announcing disappointing quarterly earnings. Demand is excused based on the gargantuan payout, and claims were stated under "Brophy v. Cities Service Co." based on allegations of unusually large and suspiciously timed trades.
Court: Delaware Chancery Court, Judge: McCormick, Filed On: February 1, 2024, Case #: 2023-0464-KSJM, Categories: Securities
J. Wootton finds that the trial court properly denied a patient's motions for more time to respond to motions for summary judgment on her medical malpractice claims. She failed to explain what additional discovery she planned or how more time would otherwise allow her to show any genuine issue of material fact that would preclude summary judgment. Affirmed.
Court: Idaho Supreme Court, Judge: Moeller, Filed On: February 1, 2024, Case #: 49915, Categories: Discovery, Medical Malpractice
J. Marks denies a U.S. Army pilot and co-copilot’s motion to remand this product liability personal injury claim against several helicopter companies. The pilot and co-copilot were on active duty when a UH-72A Lakota helicopter designed, manufactured and sold by the companies experienced both engines to fail during and uncontrollably descended and crashed. The companies removed the case from an Alabama circuit court to this court. One firm, M1 Support Services, has a “casual connection” between its behavior and the claims, and acted as a federal office or agency with the U.S. Army. Therefore, M1 can exercise federal question jurisdiction under the federal officer removal statute and the court does not address the diversity jurisdiction argument.
Court: USDC Middle District of Alabama, Judge: Marks, Filed On: February 1, 2024, Case #: 1:23cv212, NOS: Personal Injury - Product Liability - Torts - Personal Injury, Categories: Product Liability, Jurisdiction
J. Mortensen finds that the district court erred in concluding that a homeowners' association improperly delayed its evaluation of a homeowner's request to keep eight backyard "comfort chickens" for a child with PTSD and anxiety. The HOA properly and timely engaged the homeowner about the requested accommodation, taking a few weeks to evaluate the related issues of runoff, odor, rodents and the novel use of chickens as emotional support animals before granting a variance for two hens. Also, the homeowner failed to show any harm by the alleged delay. Reversed.
Court: Utah Court Of Appeals, Judge: Mortensen, Filed On: February 1, 2024, Case #: 20210698-CA, Categories: Ada / Rehabilitation Act, Property
J. Sargus grants, in part, the polypropylene surgical mesh manufacturer's motion for summary judgment, ruling the patient's failure to warn product liability claim fails because the surgeon who performed the mesh implant surgery admits he did not read any of the literature provided with the product and would not have relied on any of the information in making his recommendation for surgery. Additionally, this failure by the surgeon prevents the patient from proving his fraud and fraudulent concealment claims against the manufacturer, which will also be dismissed.
Court: USDC Southern District of Ohio, Judge: Sargus, Filed On: February 1, 2024, Case #: 2:18cv1440, NOS: Personal Injury - Health Care/Pharmaceutical Personal Injury/Product Liability - Torts - Personal Injury, Categories: Fraud, Health Care, Product Liability