108 results for 'filedAt:"2024-01-22"'.
J. Rubin grants Baltimore’s motion to remand this case back to the circuit court of Baltimore City. The city claims that tobacco company Philip Morris’s cigarette filters are made of a non-biodegradable substance, cellulose acetate, that is toxic to plants and animals, and whose littered filters pollute the water and soil. The tobacco company opposes the motion to remand and had this case moved from circuit court stating the district court has supplemental jurisdiction and federal question over the claims. The company failed to demonstrate that the court has federal question jurisdiction, which is necessary for removal to federal court.
Court: USDC Maryland, Judge: Rubin, Filed On: January 22, 2024, Case #: 1:23cv303, NOS: Torts to Land - Real Property, Categories: Government, Tort, Jurisdiction
J. Moorer denies, in part, State Farm’s motion for summary judgement on claims related to bad-faith denial of coverage for damage caused by Hurricane Sally. The homeowner has sufficient evidence that the damage repairs were necessary and reasonably priced. The homeowner conceded the bad faith claim and summary judgment will be granted. The court denies the insurance company’s motion to exclude two expert testimonies. The qualifications of both experts go to evidence and can be addressed during cross-examination.
Court: USDC Southern District of Alabama, Judge: Moorer, Filed On: January 22, 2024, Case #: 1:22cv343, NOS: Insurance - Contract, Categories: Insurance, Experts
Per curiam, the North Dakota Supreme Court finds that the district court properly denied a second application for post-conviction relief after the district court found the application to be a misuse of process. Affirmed.
Court: North Dakota Supreme Court, Judge: Per curiam, Filed On: January 22, 2024, Case #: 2024ND11, Categories: Habeas
J. Azrack grants preliminary approval to a class action settlement to resolve claims that a home health care provider failed to protect its patients’ digital personal and private healthcare information, which were stolen in a data breach. The court finds the settlement fair, reasonable and adequate and in compliance with judicial requirements. The court subsequently modifies the approval and orders litigant counsel to file a supplemental motion for attorney fees, costs, expenses and a service award 21 days before the final approval hearing.
Court: USDC Eastern District of New York, Judge: Azrack, Filed On: January 22, 2024, Case #: 2:21cv2061, NOS: Other Personal Property Damage - Torts - Personal Property, Categories: Health Care, Settlements, Class Action
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[Modified.] J. Streeter deletes a citation and fixes a typo with no change in judgment. The trial court failed to provide defendant with an opportunity to make a knowing and intelligent waiver of his right to have a jury determine if he should be recommitted for another year as a violent offender with a mental health disorder. The record must show that a defendant subject to commitment demonstrated an understanding of how a jury operates, the significance of a jury trial and the consequences of waiver.
Court: California Courts Of Appeal, Judge: Streeter, Filed On: January 22, 2024, Case #: A166084, Categories: Competence, Jury, Assault
J. Bahr finds that the district court properly held that sufficient evidence in the record supports the court’s decision to terminate parental rights. However, the matter is remanded with instructions for the court to issue an order based only on the evidence received at trial. Reversed.
Court: North Dakota Supreme Court, Judge: Bahr, Filed On: January 22, 2024, Case #: 2024ND9, Categories: Family Law
J. Rice grants the family's motion to amend their complaint against a security guard service company alleging that a security guard broke the speed limit to follow the family's truck, got out of the vehicle once they all parked, and assaulted one of the family members for allegedly trespassing on a property. The family seeks to amend their complaint to name the security guard service's parent company and the security guard at the heart of this lawsuit, and the security guard services company does not oppose this motion.
Court: USDC Eastern District of Washington, Judge: Rice, Filed On: January 22, 2024, Case #: 2:23cv338, NOS: Other Personal Injury - Torts - Personal Injury, Categories: Civil Procedure, Tort
J. Xinis grants, in part, Walmart’s motion to dismiss the employment dispute brought by a former Black male employee alleging race discrimination, sexual harassment, workplace assault and harassment, negligent supervision and retention, emotional distress, and retaliation. The former employee fails to plausibly connect the reallocation of his job duties to his use of administrative remedies on the sexual harassment and retaliation claims, and fails to make a plausible claim for the other claims. The former employee has 21 days to file an amended complaint and Walmart has 14 days after the filing to respond.
Court: USDC Maryland, Judge: Xinis, Filed On: January 22, 2024, Case #: 8:23cv1131, NOS: Employment - Civil Rights, Categories: Emotional Distress, Employment Discrimination, Employment Retaliation
J. Berkenkotter vacates the appeals court's decision to invalidate the methodology employed by the Arapahoe county assessor to calculate tax increment financing on certain real estate. The methodology did not violate Colorado's Urban Renewal Law, which grants such officials wide latitude to determine the most efficient and effective way to achieve urban renewal efforts under the law. Reversed.
Court: Colorado Supreme Court, Judge: Berkenkotter, Filed On: January 22, 2024, Case #: 2024CO4, Categories: Property, Real Estate, Tax
J. Rice declines to dismiss the investors' lawsuit accusing the law firm of sending the former's $1 million investment to an untrustworthy bank, resulting in the funds going missing. The investors establish an injury-in-fact by showing that the untrustworthy bank did not return the money, with nine of the 11 investors losing $100,000 or more, while the rest lost between $25,000 and $50,000. The law firm accepted responsibility for overseeing the money and assuring the investors that it could not be withdrawn or misused without the investors' express authorization.
Court: USDC Eastern District of Washington, Judge: Rice, Filed On: January 22, 2024, Case #: 2:23cv227, NOS: Other Personal Property Damage - Torts - Personal Property, Categories: Fiduciary Duty, Negligence, Legal Malpractice
J. Currault denies requests by Amazon and Whole Foods to bar counsel for parents of an autistic child from quizzing corporate representatives on specific topics in upcoming depositions for a baby food contamination suit. Considering the parents’ negligence and sale nullification claims against the food retailers are overly broad, the ruling restricts, rather than strikes, certain deposition topics, such as any due diligence the corporations performed regarding heavy metals in products that allegedly contributed to their child’s developmental disorder.
Court: USDC Eastern District of Louisiana , Judge: Currault, Filed On: January 22, 2024, Case #: 2:22cv551, NOS: Personal Injury - Product Liability - Torts - Personal Injury, Categories: Evidence, Health Care, Negligence
J. Yegan finds that the trial court properly denied defendant's second petition for resentencing on two murder convictions. This court previously held that defendant is not entitled to resentencing relief because both his first degree murder and conspiracy to commit first degree murder convictions involved the same victim and were not the result of the now impermissible natural and probable consequences theory. The law of the case was established in proceedings on his first petition for resentencing. Affirmed.
Court: California Courts Of Appeal, Judge: Yegan, Filed On: January 22, 2024, Case #: B324567, Categories: Murder, Sentencing
J. Bahr finds that the district court improperly affirmed a North Dakota Department of Transportation hearing officer’s decision suspending defendant's driving privileges for 91 days. The procedure used by the Department of admitting exhibits into evidence without permitting defendant a meaningful opportunity to examine them, did not provide a fair hearing. Reversed.
Court: North Dakota Supreme Court, Judge: Bahr , Filed On: January 22, 2024, Case #: 2024ND8, Categories: Dui
J. Borden grants summary judgment in favor of Mercedes-Benz in this employment dispute brought by a former employee who is a Black female alleging discrimination and retaliation due to her age, race and gender. The former employee did not address the age discrimination in Mercedes-Benz summary judgment motion, the court deems this to be abandoned. The opposition brief shows the stated reason for termination with no circumstantial evidence of race and gender discrimination or retaliation.
Court: USDC Northern District of Alabama , Judge: Borden, Filed On: January 22, 2024, Case #: 7:21cv1618, NOS: Employment - Civil Rights, Categories: Civil Rights, Employment Discrimination, Employment Retaliation
[Consolidated.] J. Jenkins denies relief to the oil companies because the subsequent purchaser doctrine does not apply in the underlying action. The law does not provide the heirs a cause of action under redhibition and the right to sue for rescission of the sale because there was no sale of property.
Court: Louisiana Court Of Appeal, Judge: Jenkins, Filed On: January 22, 2024, Case #: 2023-CA-0212, Categories: Civil Procedure, Contract
J. Dever grants the City of Raleigh’s motion to dismiss the amended complaint of a former training and development analyst who brought allegations of sexual harassment, gender discrimination and retaliation against it. The analyst claims that her male supervisor stared at and touched her breasts and made inappropriate comments such as, “You’re buttering the wrong bread. I’m the one you need to talk to if you want to get what you need.” The analyst complained to human resources, and even though an investigation found her claims to be true, she was fired. She filed for her right to sue with the EEOC too late, however, and it was time-barred, so she cannot proceed.
Court: USDC Eastern District of North Carolina, Judge: Dever, Filed On: January 22, 2024, Case #: 2:23cv49, NOS: Other Civil Rights - Civil Rights, Categories: Employment, Employment Discrimination, Employment Retaliation