187 results for 'filedAt:"2024-03-25"'.
J. Forrest finds that the district court properly entered conviction after a jury found defendant guilty of knowingly importing cocaine and methamphetamine. However the matter is remanded for resentencing. The district court erred by not making an explicit reliability finding related to an expert’s testimony about the value of the drugs found in defendant's vehicle, but the error was harmless. However, the matter is remanded for resentencing in line with recent authority clarifying the process for conducting a "mitigating role inquiry." Affirmed in part.
Court: 9th Circuit, Judge: Forrest, Filed On: March 25, 2024, Case #: 22-50069, Categories: Drug Offender, Sentencing
J. Bea finds that the district court properly vacated the attachment of a vessel in an admiralty action seeking fulfillment of arbitration awards. The arbitration awards, arising from a contract dispute, were owed to shipping companies by a different corporate entity. The shipping companies sought to “pierce the corporate veil” of the gas company and hold a corporation liable for the arbitration awards on a theory that the corporation was the alter ego of the gas company. The district court did not err in concluding that the shipping company failed to show a reasonable probability of success on their veil-piercing theory. Affirmed.
Court: 9th Circuit, Judge: Bea, Filed On: March 25, 2024, Case #: 23-15245, Categories: Admiralty, Corporations
J. Liu finds, in answer to the U.S. Ninth Circuit, an employee must be paid for "hours worked" for time spent waiting for an employer-mandated vehicle security inspection before exiting an employer's premises. Time spent traveling from the security checkpoint to an employee parking area must be paid as "employer-mandated travel," but not "hours worked" because the level of employer control is lower. A collective bargaining agreement for an "unpaid meal period" does not apply if an employee is not allowed to leave the work premises during lunch, in which case an employee must be paid for "hours worked."
Court: California Supreme Court, Judge: Liu, Filed On: March 25, 2024, Case #: S275431, Categories: Labor / Unions
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J. Fallon finds the owner of two nuclear power plants has proven it is entitled to damages in the amount of $1.5 million for repairs to its catwalks and supporting structures after a runaway barge slammed into the facilities’ protective clusters during Hurricane Ida. The owner has carried its burden on the elements of duty, breach and damages. The barge owner has failed to rebut the presumption of causation and, therefore, is liable to for the storm-related damages.
Court: USDC Eastern District of Louisiana , Judge: Fallon, Filed On: March 25, 2024, Case #: 2:22cv504, NOS: Other Personal Property Damage - Torts - Personal Property, Categories: Evidence, Maritime, Damages
J. Hall denies, in part, the county and other defendants’ motion for summary judgment in this dispute brought by an abortion protester arrested for criminal trespass. A new ordinance “survives intermediate scrutiny and passes constitutional muster as a reasonable time, place, and manner restriction.”
Court: USDC Southern District of Georgia, Judge: Hall, Filed On: March 25, 2024, Case #: 1:22cv149, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights
J. Doughty denies a request by a parish governing body to dismiss claims of vicarious liability for deliberate indifference to the medical needs of a pre-trial detainee, a former California resident who was moving cross-country in a U-Haul truck with a hired helper when the two men were arrested and jailed on narcotics allegations that were later dismissed. After a jail nurse recorded a high blood pressure rate requiring hospitalization, the litigant requested medical attention; however, he was allegedly strip-searched and placed in a holding cell for hours and ignored. The day of his release from jail, he allegedly collapsed in a hotel hallway from a stroke.
Court: USDC Western District of Louisiana , Judge: Doughty, Filed On: March 25, 2024, Case #: 1:23cv899, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Constitution, Police Misconduct
J. Smith finds that the trial court improperly mandated arbitration in claims contending a pain specialist was fired for reporting sexual harassment because the ambiguous arbitration agreement contained several clauses that rendered each other meaningless. Reversed.
Court: New Jersey Appellate Division, Judge: Smith , Filed On: March 25, 2024, Case #: A-1703-22, Categories: Arbitration, Employment
J. Solomon finds that the appellate division improperly allowed plaintiffs to continue class claims contending a company offered "illusory discounts" to Aeropostale shoppers by making fake markdowns. While the shoppers adequately pleaded deceptive conduct, ascertainable loss had not been proven, and nothing indicated the shoppers tried to return the items or that the clothing had any kind of defect. Reversed.
Court: New Jersey Supreme Court, Judge: Solomon , Filed On: March 25, 2024, Case #: A-50-22, Categories: Fraud, Consumer Law, Class Action
J. Dalton grants final approval to a class action settlement and certifies a settlement class in the consumer's suit alleging repeated telephone solicitations made to consumers on the national Do-Not-Call registry. The settlement, which affords $160 to each of the 32,738 putative class members who submits an approved claim, is fair, reasonable and adequate, the class representative and counsel have adequately represented the class and the settlement was negotiated at arm's length.
Court: USDC Middle District of Florida, Judge: Dalton, Filed On: March 25, 2024, Case #: 6:22cv1047, NOS: Telephone Consumer Protection Act (TCPA) - Other Suits, Categories: Settlements, Privacy, Class Action
J. Corrigan, in an order applied to several different and otherwise apparently unconnected personal-injury cases with disputes over whether the amount in controversy exceeds the $75,000 minimum for federal courts to exercise diversity jurisdiction, finds that the estimates of amounts in controversy required by Florida's civil cover sheet on its own are not sufficient to satisfy a defendant's burden to demonstrate that the minimum amount in controversy is satisfied by a preponderance of the evidence. One of the four cases is remanded after application of this principle. Jurisdiction has been properly invoked in another, and the defendants in the two remaining cases are ordered to file jurisdictional supplements.
Court: USDC Middle District of Florida, Judge: Corrigan, Filed On: March 25, 2024, Case #: 3:23cv869, NOS: Motor Vehicle - Torts - Personal Injury, Categories: Tort, Jurisdiction
J. Tunheim grants the video game maker's owner's motion for summary judgment in the game reseller's suit against him and his company alleging breach of contract and fraud. An email the owner forwarded with a delivery schedule, which proved to be false, is not sufficient to support a fraud claim.
Court: USDC Minnesota, Judge: Tunheim, Filed On: March 25, 2024, Case #: 0:19cv3114, NOS: Other Contract - Contract, Categories: Fraud, Contract
J. Tostrud grants the debt collector's motion to dismiss the purported debtor's action against it alleging that it sought to collect a debt that it did not own and that documents it submitted in state court or sent to her were misleading or inaccurate. The debtor lacks standing to bring two claims under the Fair Debt Collection Practices Act, a claim that the collector attempted to collect a debt it did not own is collaterally estopped by a state-court judgment, and additional FDCPA claims stemming from alleged defects in a state-court summons fail because the summons was not fatally defective.
Court: USDC Minnesota, Judge: Tostrud, Filed On: March 25, 2024, Case #: 0:21cv2614, NOS: Consumer Credit - Other Suits, Categories: Debt Collection, Consumer Law
J. Lasnik finds that the Kona coffee farmers and sellers proved that Kroger's Kivu Kona blend coffee products did not comply with a settlement agreement at certain stores, so they are entitled to the gross profits received from the bulk sales of those products.
Because Kroger cured the other alleged breaches within 90 days of the notices, no claims can be brought or damages awarded regarding those alleged breaches.
Court: USDC Western District of Washington, Judge: Lasnik, Filed On: March 25, 2024, Case #: 2:19cv290, NOS: Trademark - Property Rights, Categories: Trademark, Enforcement Of Judgments, Class Action
J. Mizelle overrules and denies the judgment holder's objections to several orders by a magistrate judge in his action alleging efforts to evade enforcements of his judgment, and adopts the magistrate judge's report and recommendation resolving the parties' cross-motions for summary judgment. The judgment holder has not shown that a denial of a discovery request substantially harmed his case, nor that his proposed discovery was relevant and proportional. As to a second discovery request, the judgment holder has not shown that he had any right to more documents than the defendants produced, and his objections to a protective order were mooted along with the order itself. His objections to an order granting the defendants' motion to compel are also moot, and the magistrate judge correctly found that the defendants did not breach a confidentiality provision in the parties' agreement.
Court: USDC Middle District of Florida, Judge: Mizelle, Filed On: March 25, 2024, Case #: 8:20cv936, NOS: Fair Labor Standards Act - Labor, Categories: Enforcement Of Judgments, Discovery, Contract
J. Ramos grants the Chinese garment manufacturer's motion to exclude experts in a suit to hold defendants liable for an unsatisfied judgment against an American clothing seller. The defense expert did not review relevant parts of the record, so his report is inadequate to support the conclusions reached. Further, there is sufficient support for the manufacturer to proceed on its alter ego claims arguing that defendants are liable for the money judgment.
Court: USDC Southern District of New York, Judge: Ramos, Filed On: March 25, 2024, Case #: 1:21cv7326, NOS: Other Contract - Contract, Categories: Corporations, Enforcement Of Judgments, Experts
J. Robertson grants the water district defendants' dismissal motion in this lawsuit brought by a real estate developer and a construction company asserting constitutional violations, as well as violations of the state's Rural Water, Sewer, Gas and Solid Waste Management Districts Act and its Public Competitive Bidding Act. The district has provided a rational basis for its policies "restricting developers from bidding on the water line installation," and the policy is not precluded. Accordingly, the developer's equal protection claim fails, and the court declines to exercise jurisdiction over the remaining state claims.
Court: USDC Eastern District of Oklahoma, Judge: Robertson, Filed On: March 25, 2024, Case #: 6:23cv72, NOS: Other Civil Rights - Civil Rights, Categories: Constitution, Real Estate, Jurisdiction