280 results for 'filedAt:"2023-09-28"'.
J. Duffy finds the lower court erroneously granted the insurance company's motion for summary judgment because ambiguity in the contract language with the policyholder allows her to stack uninsured motorist coverage. Although she selected non-stacked coverages on her policy application, the insurer charged premiums for uninsured motorists on a vehicle-by-vehicle basis and the policyholder paid several premiums, which entitles her to stacked coverage. Reversed.
Court: New Mexico Court of Appeals, Judge: Duffy, Filed On: September 28, 2023, Case #: A-1-CA-38005, Categories: Insurance, Contract
Per curiam, the appellate division finds that attorney Julie Ann Lasso of London may be reinstated following her October 2021 suspension for failing to meet registration requirements because Lasso complied with the order of suspension and demonstrated the requisite character to practice law.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: September 28, 2023, Case #: PM-224-23, Categories: Attorney Discipline
J. Rothstein denies both the mother's and the county's motions for summary judgment regarding the mother's complaint alleging that the county's officers wrongfully shot and killed her son, a Black man, when he fled a sting operation meant to arrest him for selling 50 Xanax pills to an informant. The evidence that the decedent held a cellphone presents a dispute of fact as to whether the officer who fired was justified because he believed the decedent was armed or if the shooting was unjustified based on claims that the decedent held up his phone so his mother could witness the event on FaceTime. The case shall proceed to trial.
Court: USDC Western District of Washington, Judge: Rothstein, Filed On: September 28, 2023, Case #: 3:22cv5384, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Wrongful Death, Police Misconduct
J. Jackson denies a request by a California-based filmmaker to dismiss on jurisdictional grounds a lawsuit by a Louisiana-based company that pilots drones for aerial photography, after alleging $587,228 in damages, from unpaid fees, damaged equipment and unpaid drone pilot fees. Hired for a documentary about a scallop fishing vessel off the coast of Massachusetts, production failed allegedly due to poor conditions for filming and the Louisiana drone owner became “deathly seasick.” The litigants’ resulting contract dispute must be resolved in a Louisiana court. The evidence shows that the filmmaker waived jurisdiction by virtue of a forum selection clause in a binding contract.
Court: USDC Middle District of Louisiana, Judge: Jackson, Filed On: September 28, 2023, Case #: 3:22cv912, NOS: Other Contract - Contract, Categories: Damages, Jurisdiction, Contract
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J. Campbell grants the school defendants' motion for summary judgment in this lawsuit brought by a former high school student alleging due process violations stemming from an investigation into an incident involving another student. The court concludes that the plaintiff student was not deprived of due process, as he was given "notice of the accusation and an opportunity to respond." Also, the court notes that the disciplinary measures against him were vacated.
Court: USDC Middle District of Tennessee , Judge: Campbell, Filed On: September 28, 2023, Case #: 3:21cv910, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Education
J. Lynch finds that the lower court properly resentenced defendant for violation of conditions on a criminal sale of controlled substance conviction. The defendant was given several chances to abide by the postconviction conditions of his probation. Affirmed.
Court: New York Appellate Divisions, Judge: Lynch, Filed On: September 28, 2023, Case #: 109521, Categories: Probation, Sentencing
J. Lanier finds that the trial court erred in sustaining the exception of res judicata in favor of insurers regarding the insured's incidental demands seeking defense/indemnity in the property owners' suit over damage from a sinkhole. The plaintiffs in the respective suits are different, as are the alleged causes of action. Reversed.
Court: Louisiana Court Of Appeal, Judge: Lanier, Filed On: September 28, 2023, Case #: 2023CA0139, Categories: Civil Procedure, Insurance, Property
J. Theriot finds that the trial court improperly revoked the individual's "act of capital contribution" that transferred the rights to his properties to a corporate entity. There was no evidence given regarding the individual's assets and liabilities to determine whether he was insolvent, so there was "no reasonable factual basis" to support the revocation. Reversed.
Court: Louisiana Court Of Appeal, Judge: Theriot, Filed On: September 28, 2023, Case #: 2023CA0193, Categories: Civil Procedure, Evidence, Property
J. Phillips finds a lower court properly dismissed a wealth management company's contract claims against a chemical producer. The wealth management company argued that the chemical products company failed to pay for services. However, the court lacks jurisdiction to hear claims in the English court. Affirmed.
Court: Her Majesty's Court of Appeal, Judge: Phillips, Filed On: September 28, 2023, Case #: CA-2023-16, Categories: Jurisdiction, Contract
J. Maddox grants summary judgment to Baltimore on its former HR director’s 13 alleged counts of employment discrimination arising from her firing after she was determined to have engaged in “harassing and humiliating” employees and to have submitted financial documents with inaccurately tallied expenses. The court finds her firing had nothing to do with the city’s alleged failure to approve a request for medical leave when her foot was injured.
Court: USDC Maryland, Judge: Maddox, Filed On: September 28, 2023, Case #: 1:21cv545, NOS: Employment - Civil Rights, Categories: Ada / Rehabilitation Act, Employment Discrimination
J. Xinis grants summary judgment to the environmental waste management firm that was sued by its former Engineering and Nuclear Safety Manager for unjust enrichment after the hire was not placed on a government contract in alleged violation of the parties’ agreement. His allegations were speculative and the company would not have benefitted from including the manager in the bid for the contract.
Court: USDC Maryland, Judge: Xinis, Filed On: September 28, 2023, Case #: 8:21cv2059, NOS: Other Contract - Contract, Categories: Energy, Government, Contract
J. Shah grants a collection of securities firms’ motions to dismiss two investment firms’ fraud and securities act violation complaints. The investment firms claim the securities firms flashed quotes on SPX Options to influence the calculation of the Volatility Index, causing the Index to increase out of proportion with the S&P 500’s actual volatility and artificially inflating the prices of S&P 500 Futures options on which the investment firms traded. The court, however, finds that one of the investment firms has not stated any injury that could give them standing, while the other’s claims have passed their statute of limitations.
Court: USDC Northern District of Illinois, Judge: Shah, Filed On: September 28, 2023, Case #: 1:19cv368, NOS: Securities/Commodities/Exchange - Other Suits, Categories: Commerce, Fraud, Securities
J. Smith finds that the trial court improperly ruled in favor of the city and its officials in a police officer's suit stemming from his termination for a crash that resulted from a high-speed chase, in which he had a civilian riding in his vehicle. There is an issue of fact as to whether the city council had the authority to fire the officer. Reversed.
Court: Texas Courts of Appeals, Judge: Smith, Filed On: September 28, 2023, Case #: 10-22-00391-CV, Categories: Employment, Municipal Law, Jurisdiction
J. Flanagan partially dismisses, for procedural reasons, a family’s lawsuit against their son’s private school for infliction of emotional distress. Because the boy no longer attends the school, he has no standing to sue under Title III of the ADA, as he cannot show the threat of future harm. Negligence claims against the school fail because the family alleges intentional conduct just by two employees. Several retaliation, contract and negligence claims survive the motion.
Court: USDC Eastern District of North Carolina, Judge: Flanagan, Filed On: September 28, 2023, Case #: 5:22cv201, NOS: Other Personal Injury - Torts - Personal Injury, Categories: Education, Tort, Negligence
J. Winmill grants in part a credit reporting agency's motion to exclude expert testimony regarding an individual's allegations that the agency failed to report that two of her debts were discharged following her Chapter 7 bankruptcy. The experts lack the "knowledge and expertise surrounding the kinds of debts discharged—and exempted from discharge—in Chapter 7 bankruptcies." Neither expert is qualified to opine on the individual's alleged
emotional distress or about harms due to inaccurate credit reporting. One expert is, however, qualified to testify about "the mechanics of credit reporting, credit scoring, and debt-to-income ratios."
Court: USDC Idaho, Judge: Winmill, Filed On: September 28, 2023, Case #: 1:21cv465, NOS: Consumer Credit - Other Suits, Categories: Bankruptcy, Consumer Law, Experts
J. Tunheim denies the German substance-abuse treatment clinic's objection to a magistrate judge's order which found that the clinic's outside auditor, tax advisor and shareholder was a "managing agent," ordered that that agent and other officers, directors and managing agents be deposed in Minneapolis and granted narrowed motions to compel. The order did not rely upon any clear errors.
Court: USDC Minnesota, Judge: Tunheim, Filed On: September 28, 2023, Case #: 0:20cv409, NOS: Trademark - Property Rights, Categories: International Law, Trademark, Discovery