127 results for 'filedAt:"2024-01-30"'.
J. Thrash partially grants the manufacturer's motion to dismiss a product liability, warranty and fraud class action brought by the consumers arising from a defect in panoramic sunroofs in Mercedes-Benz vehicles which allegedly caused the sunroofs to suddenly shatter under normal driving conditions. The consumers claim that the manufacturer refused to cover repairs. Two of the consumers failed to notify the manufacturer of the defect before the action, therefore their express warranty claims are dismissed. One consumer's implied warranty claim is dismissed for failure to comply with the notice requirement. However, the class sufficiently alleged that the vehicles are unmerchantable. None of the consumers' state law claims are dismissed.
Court: USDC Northern District of Georgia, Judge: Thrash, Filed On: January 30, 2024, Case #: 1:23cv671, NOS: Property Damage Product Liability - Torts - Personal Property, Categories: Product Liability, Warranty, Class Action
Per curiam, the circuit finds that the district court properly dismissed medical malpractice claims alleging injury from an unsuccessful abortion because the court did not abuse its discretion by dismissing sanctions for "persistent and knowing" failure to comply with multiple court orders on discovery. Separately, the circuit referred plaintiff's counsel to the grievance panel for further investigation of her use of artificial intelligence to generate a nonexistent case citation in a reply brief, which fell below professional conduct standards. Affirmed.
Court: 2nd Circuit, Judge: Per curiam, Filed On: January 30, 2024, Case #: 22-2057, Categories: Sanctions, Medical Malpractice, Attorney Discipline
J. Griesbach grants summary judgment to the police officer in a lawsuit from a citizen claiming his Fourth and 14th Amendment rights were violated during his arrest for DUI, which included a blood draw he claims was performed without probable cause. The fact that the officer observed that the citizen, who had at least three prior DUI arrests, was unsteady on his feet and smelling of alcohol while trying to change a tire on a car he had apparently crashed into a tree gave probable cause for the arrest and blood draw, as did other evidence in the record. The officer is also entitled to qualified immunity, so her motion for summary judgment is granted and the case is dismissed.
Court: USDC Eastern District of Wisconsin, Judge: Griesbach, Filed On: January 30, 2024, Case #: 1:22cv684, NOS: Other Civil Rights - Civil Rights, Categories: Constitution, Police Misconduct
J. Todd finds that the lower court properly dismissed this case concerning defendant’s sentencing for sodomizing another child when he was 15 years old. Although the juvenile court previously denied defendant his right to be free from compulsory self-incrimination by considering his refusal to admit guilt for the criminal offenses, defendant is not entitled to a new juvenile certification hearing because he is now 27 years old and outside of the juvenile court’s jurisdiction. Affirmed.
Court: Pennsylvania Supreme Court, Judge: Todd, Filed On: January 30, 2024, Case #: J-83-2022, Categories: Juvenile Law, Sentencing, Sex Offender
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J. Edmondson finds the Workers' Compensation Commission improperly affirmed the judge's sustaining of the trust fund's motion to dismiss the claim for permanent total disability. The meaning used by the trust fund for "subsequent employer" in the relevant Oklahoma statute is incorrect. This definition was then used by the administrative law judge to deny the claim, and the commission's order was also based upon this incorrect meaning. Reversed.
Court: Oklahoma Supreme Court, Judge: Edmondson , Filed On: January 30, 2024, Case #: 120753, Categories: Due Process, Workers' Compensation
J. Douglas finds the bankruptcy court properly developed the confirmation plan and transferred remaining assets of the wood fuel pellet processing facility to the asset liquidation trustee. Third parties assigned certain legal claims to the liquidation trust based on misstatements made by a fundraiser, and the trustee pursued these in state court. Although the fundraiser could have objected to the trustee's ability to accept third-party assignments by raising the concerns as the manufacturer developed its bankruptcy plan, it is too late to raise the concerns several years after the confirmation plan. Affirmed.
Court: 5th Circuit, Judge: Douglas , Filed On: January 30, 2024, Case #: 23-30040, Categories: Bankruptcy, Trusts, Business Expectancy
J. Wright grants a broker-dealer's motion to dismiss a contract dispute with an asset management company. The company and broker entered into a deal where the broker would introduce investors to the management company in exchange for a solicitation fee. The broker alleges that the management company did not pay the fee, rendering the agreement unlawful and void. The management company seeks a judicial declaration that it has no contractual obligation to pay the broker the solicitation fees and that federal securities laws prohibit the payment of such fees. The management company "has needlessly multiplied this litigation vexatiously by removing the First Action, not defending it, removing the Second Action, and then filing a third separate action rather than asserting counterclaims in the Second Action."
Court: USDC Central District of California, Judge: Wright, Filed On: January 30, 2024, Case #: 2:23cv4483, NOS: Other Contract - Contract, Categories: Contract
J. Jewell partly grants mandamus relief in a dispute over the discovery order in a misappropriation of trade secrets case. The former employee should not have been compelled to turn over the Western Digital hard drive without the court addressing privileged or confidential data on the device. Also, the former employee should not have been compelled to turn over the USB storage device since he met his discovery obligations for the device.
Court: Texas Courts of Appeals, Judge: Jewell, Filed On: January 30, 2024, Case #: 14-23-00183-CV, Categories: Trade Secrets, Discovery
J. Gaertner finds that the lower court improperly found the brother and sister's settlement agreement ambiguous because it did not explicitly say where the cash distribution to the brother equal to one half of the value of their mother's residence was to be made from. The agreement unambiguously provided the cash distribution was to come from the trust, not from the sister personally. Reversed.
Court: Missouri Court Of Appeals, Judge: Gaertner, Filed On: January 30, 2024, Case #: ED111296, Categories: Settlements, Wills / Probate
J. Winmill grants the city's motion for partial dismissal of an individual's allegations that an officer slapped his phone to the ground for filming the police with his phone. He was arrested for resisting, delaying, or obstructing a public officer, but alleges that none of the conduct that officers provided to support the arrest actually occurred. The individual alleges violation of his First, Fourth, and Fourteenth Amendment rights. The officer lacked probable cause to arrest the individual for criminal trespass. The individual's Fourteenth Amendment–Failure to Intervene claim continues. However, the individual's other claims are barred by the Idaho Tort Claims Act or because of the individual's failure to comply with the bond requirement. The individual is granted leave to amend.
Court: USDC Idaho, Judge: Winmill, Filed On: January 30, 2024, Case #: 1:23cv275, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights
Per curiam, the appellate division finds that the lower court properly improperly granted the employer's motion to dismiss the employee's claims for race discrimination and retaliation. A reasonable jury could determined that the defendant company is a successor to the employer because there was a substantial continuity of business operations and a hiring of employees without an interview process. Reversed in part.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: January 30, 2024, Case #: 00377, Categories: Employment, Employment Discrimination
Chancellor McCormick rules that Tesla granted Elon Musk an excessive compensation package that should be rescinded. The transaction was subject to entire fairness review since Musk is the de facto controller of the electric car company. Since the plan terms had not been meaningfully negotiated, and no rationale had been provided for granting the "largest potential compensation opportunity ever observed in public markets by multiple orders of magnitude," the Tesla board arrived at an unfair price.
Court: Delaware Chancery Court, Judge: McCormick, Filed On: January 30, 2024, Case #: 2018-0408-KSJM, Categories: Fiduciary Duty
J. Dillard finds that the trial court properly granted defendant's third amended motion to suppress evidence found during a police search of a home which led to defendant's arrest for armed robbery, aggravated assault and a firearm offense. The trial court correctly found that defendant had standing to challenge the validity of the search warrant because he was a regular overnight guest at the home. Defendant had been staying at the home in the days before the search warrant was executed and had clothes and personal items with him. Affirmed.
Court: Georgia Court of Appeals, Judge: Dillard, Filed On: January 30, 2024, Case #: A23A1728, Categories: Evidence, Robbery, Search
J. Gustafson finds that the trial court properly dismissed a malicious prosecution, abuse of process and civil rights complaint filed by a licensed bail bondsman who was criminally charged with felony assault for pepper spraying a client who violated bond conditions. A bail bond is a civil contract and bail bondsmen lack the authority to arrest their clients without a warrant or probable cause. A bail bondsmen may arrest and surrender a client with a warrant, or when a forfeiture proceeding is pending or forfeiture is declared. Affirmed.
Court: Montana Supreme Court, Judge: Gustafson, Filed On: January 30, 2024, Case #: DA 23-0256, Categories: Malicious Prosecution
J. Dick grants a request by a movie production studio and the director of the film, “Emancipation,” dismissing a supporting actor’s claims he was struck in the face by a cable-suspended camera hanging in a dangerous manner while on the movie set. The actor's allegations of negligence and intentional misconduct resulting in injury are woefully insufficient to state a claim that falls outside the exclusive remedy of Louisiana’s worker’s compensation laws.
Court: USDC Middle District of Louisiana, Judge: Dick, Filed On: January 30, 2024, Case #: 3:23cv168, NOS: Other Personal Injury - Torts - Personal Injury, Categories: Employment, Tort, Workers' Compensation
J. Bush finds the lower court properly dismissed the black professor's discrimination and retaliation claims against the university. The actions taken by university officials - denial of grant opportunities and reassignments - were not based on the professor's race and were not pervasive enough to support a hostile work environment claim. Affirmed.
Court: 6th Circuit, Judge: Bush, Filed On: January 30, 2024, Case #: 23-5557, Categories: Education, Employment Discrimination, Employment Retaliation
J. Davila dismisses all class employment claims against Amazon from employees who say that the company's "productivity policies," which track the productivity of warehouse workers and helps the company assign productivity scores based on their performance, violate California's Fair Employment and Housing Act by unfairly targeting female employees. The claims are "insufficiently general" and don't point to a specific element or rule within the productivity policies that is discriminatory. The employees are given leave to amend to add that missing specificity.
Court: USDC Northern District of California, Judge: Davila, Filed On: January 30, 2024, Case #: 5:22cv6397, NOS: Employment - Civil Rights, Categories: Employment Discrimination, Class Action
J. Miller holds that the trial court must revisit defendant's petition for resentencing on a felony murder conviction. The state failed to show that he would be convicted of felony murder in light of changes to the felony murder law. The evidence does not support a finding that he either intended to kill or acted with reckless indifference for human life when his accomplice stabbed and killed their robbery victim. Reversed.
Court: California Courts Of Appeal, Judge: Miller, Filed On: January 30, 2024, Case #: A162356, Categories: Murder, Robbery, Sentencing
J. Chuang grants, in part, a soccer league and its coach motion to dismiss in this suit brought by a referee alleging negligence and battery. The coach “violently struck” and “used foul abusive language, yelled at a referee and then committed a battery on a referee by chest-bumping him,” during a match while the others failed to prevent the assault. The court denies the motion as to negligence claims because the referee has plausibly alleged the league owed a duty of care and should have had procedures in place for reporting assaults. The negligent supervision and vicarious liability claims are dismissed. The referee’s motion for leave to amend his amended complaint is denied.
Court: USDC Maryland, Judge: Chuang, Filed On: January 30, 2024, Case #: 8:23cv560, NOS: Other Personal Injury - Torts - Personal Injury, Categories: Negligence, Assault
J. Bredar grants, in part, the Social Security Administration’s motion for summary judgment in this employment dispute brought by a former employee. The employee, a Black man, alleges wage discrimination, race discrimination, retaliation, and failure to hire or promote, but failed to show circumstantial evidence that he performed work substantially similar to others, failed to establish his prima facie case and failed to plausibly allege a connection to adverse action. The court grants summary judgment on the wage, disparate treatment and retaliation claims. Social Security’s previous motion to dismiss is denied as moot, motion to strike and grant the employee motion for leave to file more discovery.
Court: USDC Maryland, Judge: Bredar, Filed On: January 30, 2024, Case #: 1:22cv3241, NOS: Employment - Civil Rights, Categories: Government, Employment Discrimination, Employment Retaliation
J. Fuller finds that the trial court properly denied defendant's motion to withdraw his guilty plea to voluntary manslaughter and aggravated assault. Defendant's convictions did not merge because there was no evidence that the two gunshots fired by defendant occurred in quick succession as part of a single act. Affirmed.
Court: Georgia Court of Appeals, Judge: Fuller, Filed On: January 30, 2024, Case #: A23A1699, Categories: Plea, Manslaughter