219 results for 'cat:"Venue"'.
J. Pryor finds that the district court properly rejected former Trump White House chief of staff Mark Meadows' request to remove his state criminal prosecution to federal court under the federal officer removal statute. Meadows was indicted for conspiring to interfere in the 2020 presidential election. Federal officer removal under the law does not apply to former federal officers. Even if the law applied to former officers, the acts giving rise to his criminal prosecution were not related to Meadows' official duties. Affirmed.
Court: 11th Circuit, Judge: Pryor, Filed On: December 18, 2023, Case #: 23-12958, Categories: venue
J. Gordo finds the trial court properly granted the insurance company's motion to dismiss the amended complaint in the insured's lawsuit over coverage of damages to its partially sunk vessel under its marine insurance policy. The trial court correctly found the policy's forum selection clause required the litigation to take place in federal court, and it correctly found the change in venue is not unreasonably burdensome or inconvenient. Affirmed.
Court: Florida Courts Of Appeal, Judge: Gordo, Filed On: December 13, 2023, Case #: 22-1333, Categories: Insurance, venue, Contract
J. Payne denies the car company's motion to transfer the venue from Virginia to Massachusetts. The car owners claim Ford knowingly sold their vehicles with defective transmissions, violating Virginia consumer protection laws. The car company hoped to consolidate the case with a parallel case in Massachusetts that had been filed first, but the Virginia car owners' complaints came from conduct in Virginia.
Court: USDC Eastern District of Virginia, Judge: Payne, Filed On: December 13, 2023, Case #: 3:22cv512, NOS: Other Statutory Actions - Other Suits, Categories: Vehicle, Consumer Law, venue
[Consolidated.] J. Wolfe finds that the trial court properly sustained an exception of improper venue and dismissed a suit involving alleged misrepresentations made in connection with the sale of a business. The buyers did not show the seller parties are "solidarily liable to them" for the tort claims. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Wolfe, Filed On: December 12, 2023, Case #: 2023CA0571, Categories: Civil Procedure, venue, Contract
J. Silva grants the computer hackers conference host's motion to transfer venue in a computer security company's defamation case. Though potential witnesses reside in Nevada, neither party identifies a necessary witness whose availability could hinge on the choice of venue; therefore, convenience favors transfer.
Court: USDC Nevada, Judge: Silva , Filed On: December 12, 2023, Case #: 2:23cv1345, NOS: Assault, Libel, & Slander - Torts - Personal Injury, Categories: Defamation, venue, Technology
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J. Cooper transfers a black female worker's employment discrimination case against the Department of Education to the Northern District of Georgia. The worker should have filed in that district, as it is her home forum, it is the department's preferred forum and most of the events underlying her case occurred there.
Court: USDC District of Columbia, Judge: Cooper, Filed On: December 7, 2023, Case #: 1:22cv3316, NOS: Employment - Civil Rights, Categories: venue, Employment Discrimination, Employment Retaliation
J. Bloom grants defendant dismissal of claims contending he sexually assaulted another man at a hotel in France because French law applies and France is the proper venue.
Court: USDC Southern District of Florida, Judge: Bloom, Filed On: December 4, 2023, Case #: 0:23cv61039, NOS: Assault, Libel, & Slander - Torts - Personal Injury, Categories: Negligence, venue, Assault
J. Trauger denies the defendant accountants' motion to dismiss or to transfer venue in this dispute over a company's potential tax refund and the related contingency fee, after the company determined that it did not qualify for the tax credit at issue. The accountants cite a forum selection clause, but the court concludes that at this point in the proceeding they have "failed to establish that a binding contract containing a forum selection clause was formed."
Court: USDC Middle District of Tennessee , Judge: Trauger, Filed On: December 1, 2023, Case #: 3:23cv531, NOS: Other Contract - Contract, Categories: Civil Procedure, venue, Contract
J. Donnelly declines to reconsider the court’s decision granting summary judgment to a mortgage lender on a property owner’s claims that seek to cancel and discharge a mortgage agreement. Since the ruling was issued the governing law was changed when New York passed the Foreclosure Abuse Prevention Act, which takes away the ability for lenders to restart the six-year statute of limitations for bringing foreclosure actions simply by decelerating the mortgage debt. However, the court finds the state court is better suited to address the controversy.
Court: USDC Eastern District of New York, Judge: Donnelly, Filed On: November 30, 2023, Case #: 1:18cv4203, NOS: All Other Real Property - Real Property, Categories: Property, venue, Foreclosure
J. Garcia finds that the lower court properly denied the school bus defendants' motion to transfer venue in this product liability lawsuit arising from a fatal accident "allegedly caused by a defective school bus." There was no error in denying the motion, as "a substantial part of the events or omissions giving rise to the claim occurred in Dallas County," specifically involving the sale of the bus. Affirmed.
Court: Texas Courts of Appeals, Judge: Garcia, Filed On: November 30, 2023, Case #: 05-23-00775-CV, Categories: Product Liability, venue
[Consolidated.] J. Horan grants a motion to transfer consolidated negligence, invasion of privacy and related claims to the Central District of California. There is a related suit pending in the first-filed court, and the two cases substantially overlap.
Court: USDC Northern District of Texas , Judge: Horan, Filed On: November 27, 2023, Case #: 3:23cv744, NOS: Other Contract - Contract, Categories: Privacy, venue, Contract
J. Smith grants the Environmental Protection Agency's motion to transfer venue to the District of Columbia in this matter procedurally coordinated with a related case. The refinery challenges the agency's action that created an alternative compliance approach for small refineries with outstanding Renewable Fuel Standard program obligations that does not require the refinery to retire renewable identification numbers to meet their compliance obligations. The District of Columbia is the appropriate venue to resolve the claim the EPA should have provided additional relief in the form of replacement numbers.
Court: 5th Circuit, Judge: Smith , Filed On: November 22, 2023, Case #: 22-60357, Categories: Environment, Agency, venue
J. Karas transfers claims contending the division of state police failed to promote an employee and constructively discharged him due to his national origin after telling him he was going to be transferred to "a converted broom closet." Most of the witnesses are located in the western district, where the employee worked during the relevant time, and he does not currently live in the southern district.
Court: USDC Western District of New York, Judge: Karas , Filed On: November 21, 2023, Case #: 1:23cv1208, NOS: Employment - Civil Rights, Categories: Employment, venue
J. Thompson denies a pharmaceutical company’s motion to dismiss or to transfer venue to the district of New Jersey in this breach of contract lawsuit brought a health rebate administration company. The pharmaceutical company alleges this court lacks personal jurisdiction, but it has been transacting business in the jurisdiction for years. Therefore, the burden of compelling reasons cannot be established for a change in venue.
Court: USDC Middle District of Alabama, Judge: Thompson, Filed On: November 14, 2023, Case #: 2:22cv639, NOS: Other Contract - Contract, Categories: Health Care, venue, Contract
J. Newbern recommends that this breach of contract action be transferred to the Northern District of Georgia. The property owner resides in Florida, but the property at issue is located in Georgia, as is the defendant roofing company. Additionally, the owner has not shown that the company waived its venue objections or that "venue in this district is proper, which is his burden."
Court: USDC Middle District of Tennessee , Judge: Newbern, Filed On: November 14, 2023, Case #: 3:23cv284, NOS: Other Contract - Contract, Categories: venue, Contract
J. Soud finds the trial court improperly denied the corporation's motion to dismiss a former employee's lawsuit claiming unpaid wages and breach of contract. The corporation correctly argues that the forum selection clause of the parties' employment agreement unambiguously requires the employee's lawsuit to be filed in Delaware, and the trial court incorrectly concluded the clause was "permissive" instead of mandatory, so the trial court's order is overturned and the case is remanded so it can be dismissed. Reversed.
Court: Florida Courts Of Appeal, Judge: Soud, Filed On: November 13, 2023, Case #: 22-2341, Categories: Employment, venue, Contract
J. Zilly transfers the shower company's trademark lawsuit against the shower system manufacturer to the District of Nevada. The inconsistencies of the shower system manufacturer and others regarding which entity supplies products to HB-Washington and the lack of documentation that HB-Nevada would allegedly have if it conducted business with HB-Washington do not show that HB-Nevada imported, sold or distributed the shower system manufacturer's products in Washington before this lawsuit began.
Court: USDC Western District of Washington, Judge: Zilly, Filed On: November 9, 2023, Case #: 2:23cv452, NOS: Trademark - Property Rights, Categories: Trademark, venue
J. Chun denies Canpotex Shipping Services' motion to dismiss the marine fuel logistic company's contract and unjust enrichment claims, which are part of the company's lawsuit alleging that the owner did not pay the company for the vessel's fuel. Canpotex claims that a Greek court found that the company does not have viable contractual claims against it, but a Canadian court also determined that the parties do have a contractual relationship, and it would be premature to decide anything before Greece's highest court hears the company's appeal.
Court: USDC Western District of Washington, Judge: Chun, Filed On: November 3, 2023, Case #: 2:15cv172, NOS: Marine - Contract, Categories: Admiralty, venue, Contract
J. Cole grants the Ohio companies' motion to dismiss, ruling the allegations of corporate misconduct by the former owner of the Mexico-based company deal exclusively with actions taken in Mexico and, despite any minor connection to Ohio, would be better served through legal action in that country.
Court: USDC Southern District of Ohio, Judge: Cole, Filed On: November 2, 2023, Case #: 1:22cv768, NOS: Other Contract - Contract, Categories: venue, Contract
Per curiam, the Louisiana court grants a defendant driver's motion for change of venue from St. John the Baptist Parish to St. Tammany Parish. In this case, the plaintiff driver is a resident of St. Tammany Parish, and the accident occurred in St. Tammany Parish.
Court: Louisiana Court Of Appeal, Judge: Per curiam, Filed On: October 31, 2023, Case #: 23-C-450 , Categories: Negligence, venue
J. Stabile finds the lower court properly transferred this personal injury case, revolving around the amputation of a cement worker’s right hand by a cement mixing machine, from Philadelphia County to Butler County. The trial court did not abuse its discretion in granting the transfer since several defendants are based in Butler County. Affirmed.
Court: Pennsylvania Superior Court, Judge: Stabile, Filed On: October 30, 2023, Case #: J-A19019-23, Categories: Tort, Damages, venue