176 results for 'filedAt:"2024-03-26"'.
J. Gill finds the circuit court properly decided that the insurance company is obligated to defend and indemnify the insureds in a lawsuit from a man whose leg was crushed in a crash while he was a passenger on a UTV operated by the insureds' son on a frozen lake near the insureds' second home. An exception to an exclusion in the insureds' homeowner's insurance policy offering coverage for lawsuits stemming from bodily injuries caused by "the ownership, maintenance, use, loading or unloading of a UTV 'which is' used to service an insured's residence" is ambiguous and can be constructed in more than one reasonable way, and the facts in the complaint fit one of the circumstances under which coverage would be triggered. Affirmed.
Court: Wisconsin Court of Appeals, Judge: Gill, Filed On: March 26, 2024, Case #: 2022AP000742, Categories: Insurance, Contract
Per curiam, the supreme court finds that Amazon's appeal of an appellate court decision concluding that Amazon's delivery drivers do not qualify as independent contractors under state law was "improvidently granted," and the appeal is dismissed without discussion.
Court: Wisconsin Supreme Court, Judge: Per curiam, Filed On: March 26, 2024, Case #: 2022AP000013, Categories: Labor
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J. Garcia finds that the lower court improperly granted summary judgment in favor of the defendant bus company on certain claims in this lawsuit arising from "a bus accident in Mexico." The lower court specifically erred as to the passengers' respondeat superior theory. It correctly ruled, however, that "Zacatecan law governs the liability issues in this case." The case is accordingly remanded for further proceedings. Reversed in part.
Court: Texas Courts of Appeals, Judge: Garcia, Filed On: March 26, 2024, Case #: 05-22-01077-CV, Categories: Civil Procedure, Transportation
J. Partida-Kipness finds in this interlocutory appeal that the lower court improperly denied the hospital's plea to the jurisdiction in this lawsuit alleging disability discrimination and retaliation. The former employee contends that his termination was a product of discrimination, but he failed to produce evidence that the hospital's "reasons for terminating him were false or a pretext for discrimination." Accordingly, the claims are dismissed for lack of jurisdiction. Reversed.
Court: Texas Courts of Appeals, Judge: Partida-Kipness, Filed On: March 26, 2024, Case #: 05-22-01358-CV, Categories: Jurisdiction, Employment Discrimination, Employment Retaliation
J. Russell grants, in part, a manufacturer’s motion to dismiss this products liability, tort, and contract dispute brought by several solar companies. The solar companies request punitive damages and allege the manufacturer sold defective electric power safety cutoff devices, which overheated and failed in multiple projects, creating a high risk of fire and electrocution. The solar companies failed to allege they had a fiduciary or confidential relationship nor that the manufacturer mislead partial or fragmentary statements. Therefore, the fraudulent concealment is dismissed, and the manufacturer must answer the amended complaint. The court will deny the request punitive damages because the burden at this stage has been met on clear and convincing evidence.
Court: USDC Maryland, Judge: Russell, Filed On: March 26, 2024, Case #: 1:23cv1606, NOS: Contract Product Liability - Contract, Categories: Civil Procedure, Negligence, Product Liability
J. Nunley awards $1.6 million in attorney fees to a cinema following its successful contract action against a shopping center. The requested $2.2 million in fees is lowered based, in part, on a reduction in requested hourly rates for the attorneys and legal staff.
Court: USDC Eastern District of California, Judge: Nunley, Filed On: March 26, 2024, Case #: 2:16cv1066, NOS: Rent Lease & Ejectment - Real Property, Categories: Landlord Tenant, Attorney Fees, Contract
J. Brimmer vacates summary judgment favoring the state after a company sought an injunction against the state's ability to compel it to create custom websites celebrating or depicting same-sex weddings because the first amendment prohibits Colorado from enforcing the accommodation clause of Colorado’s Anti -Discrimination Act.
Court: USDC Colorado, Judge: Brimmer, Filed On: March 26, 2024, Case #: 1:16cv2372, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights
J. Marks grants a consumer’s motion for default judgment in this Federal Odometer Act suit against an automotive sales company. The consumer alleges when he purchased the vehicle that the actual mileage on the dash was 66,125 miles, but he later found out it had over 100,000 miles. He does in fact establish the liability claim for false mileage certification in violation of the Act. The court dismisses most other claims for fraud, negligence and breach of fiduciary duty.
Court: USDC Middle District of Alabama, Judge: Marks, Filed On: March 26, 2024, Case #: 1:22cv66, NOS: Other Fraud - Torts - Personal Property, Categories: Evidence, Fraud, Product Liability
J. Sutton finds that the lower court properly found for the baseball club on a former employee's age and religious discrimination claims. There is no evidence that the club treated him differently than non-Jewish employees, and he can only point to one offensive comment made by a co-worker, not a supervisor, about his religion in 10 years of employment. Further, that comment was made after the club had already decided to the employee's position was no longer needed. Affirmed.
Court: Missouri Court Of Appeals, Judge: Sutton, Filed On: March 26, 2024, Case #: WD86311, Categories: Employment Discrimination
J. Ellis finds that the lower court properly dismissed a deputy's suit for an award of back pay for a period of unpaid suspension exceeding 180 days after he was arrested for an off-duty incident. The deputy's exclusive remedy is via the administrative procedures available to him. Affirmed.
Court: Illinois Appellate Court, Judge: Ellis, Filed On: March 26, 2024, Case #: 221837, Categories: Administrative Law, Employment
J. Steigmann finds that the lower court improperly dismissed a medical negligence suit stemming from her treatment for a severe nosebleed. During the treatment, a doctor left impacted gauze in the patient's nasal cavity causing severe pain and swelling. A genuine issue of material fact exists as to whether the patient should have known by May 1, 2020 that the leftover gauze was the cause of her symptoms, which would make her complaint untimely, or if her discovery came later. Reversed.
Court: Illinois Appellate Court, Judge: Steigmann, Filed On: March 26, 2024, Case #: 230646, Categories: Civil Procedure, Negligence, Medical Malpractice
J. MacDonald agrees with defendant, who appeals his convictions of aggravated felonious sexual assault and attempted aggravated felonious sexual assault, that the lower court erred in denying his motion for a mistrial. A statement was allowed that suggested there was a second victim, and this was highly prejudicial. Reversed.
Court: New Hampshire Supreme Court, Judge: MacDonald, Filed On: March 26, 2024, Case #: 2022-0728, Categories: Sex Offender, Assault, Child Victims
J. Burroughs denies a convenience store chain’s motion for judgment as a matter of law or a new trial after a brother and sister sued it for discriminating against them based on their disabilities and a jury found that the chain had discriminated against the brother and awarded him damages. The chain claims that the brother didn’t suffer any damages, but damages do not have to be financial, and he suffered a significant loss of independence and autonomy and the joy that such autonomy gave him, through having to switch from in-person shopping to shopping online due to the chain’s failure to make its store more easily wheelchair-navigable.
Court: USDC Massachusetts, Judge: Burroughs, Filed On: March 26, 2024, Case #: 1:22cv10046, NOS: Amer w/Disabilities - Other - Civil Rights, Categories: Ada / Rehabilitation Act, Damages
J. Komitee grants a motion on the pleadings and declares a travel agency and its parent company are not afforded coverage under their professional liability insurance policy for a series of civil actions filed in Canada stemming from a fatal tour bus crash. The court finds coverage is excluded under the policy’s bodily injury exclusion clause.
Court: USDC Eastern District of New York, Judge: Komitee, Filed On: March 26, 2024, Case #: 1:21cv5590, NOS: Insurance - Contract, Categories: Insurance
J. Nye denies in part the state's motion to dismiss campers' allegations that the state violated their constitutional rights by enforcing the “anti-camping statute." The campers allege that their belongings were "searched, seized, and immediately destroyed" without a warrant. The campers have provided sufficient facts to allege that the director of the state police and director of the Idaho Department of Administration are not immune from suit with respect their Fourth Amendment claims.
Court: USDC Idaho, Judge: Nye, Filed On: March 26, 2024, Case #: 1:22cv162, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights
J. Nye grants a roofing company's motion for default judgment regarding allegations that a competitor began operating under the same name, which has led to marketplace confusion and lost business, as well as customer complaints to the roofing company from dissatisfied consumers who worked with the competitor. The roofing company sent a cease and desist letter to the competitor to stop using the trademarked name, but the competitor has not stopped. The roofing company has sufficiently stated a claim for trademark infringement and unfair competition, and has demonstrated that it will suffer irreparable injury in the absence of an injunction. The company is granted $8,386 in costs and fees and the competitor is permanently enjoined from using the trademarked name.
Court: USDC Idaho, Judge: Nye, Filed On: March 26, 2024, Case #: 4:23cv310, NOS: Trademark - Property Rights, Categories: Trademark, Unfair Competition
J. Kleeh partially dismissed a class action between a family partnership that owns mineral royalty interests and the operator of some of those oil and gas estates. Two of the family partnership’s counts are dismissed because the portions of state law they reference do not create a cause of action, and two other counts are barred by the “Gist of the Action” doctrine. The class allegations are sufficiently argued, as are the claims for attorney fees and punitive damages, so they survive the motion to dismiss.
Court: USDC Northern District of West Virginia, Judge: Kleeh, Filed On: March 26, 2024, Case #: 1:22cv1, NOS: Other Contract - Contract, Categories: Energy, Class Action, Contract
J. Kleeh dismisses a former Westover City Council member’s allegations of First Fourth Amendment Retaliation, violation of his 14th Amendment rights, as well as the slander and emotional distress claims he brought against the mayor, city police and other officials who allegedly conspired against him for blowing the whistle on corruption and police misconduct. His claim under the West Virginia Whistle-Blower Law survives the motion, however.
Court: USDC Northern District of West Virginia, Judge: Kleeh, Filed On: March 26, 2024, Case #: 1:22cv98, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Municipal Law, First Amendment