150 results for 'filedAt:"2024-02-01"'.
J. Powers finds that the lower court improperly denied a hospital's request to dismiss attorney misconduct claims leveled by a practice terminated as exclusive provider of oncology services. Collateral estoppel barred relitigating the attorneys' purportedly false statements since such had been addressed in a previous action in which sanctions had been assessed against the hospital for failing to preserve certain documents. Reversed.
Court: New York Appellate Divisions, Judge: Powers, Filed On: February 1, 2024, Case #: CV-23-0893, Categories: Civil Procedure, Sanctions, Contract
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J. Delaney recommends granting, in part, an individual’s Telephone Consumer Protection Act claims against a realty company. He sufficiently shows the calls at issue were made in violation of the Act and is entitled to $3,000 in statutory damages.
Court: USDC Eastern District of California, Judge: Delaney, Filed On: February 1, 2024, Case #: 2:22cv1886, NOS: Telephone Consumer Protection Act (TCPA) - Other Suits, Categories: Damages, Consumer Law
J. Hoffstadt finds that the trial court properly granted a city's demurrer on a neighboring city's claim that heavy truck traffic being diverted onto its streets was a nuisance. The city is immune because the municipal law it enacted to limit heavy truck traffic on its streets is expressly authorized by statute, and because any related consequences of a duly enacted municipal law are also subject to immunity. Affirmed.
Court: California Courts Of Appeal, Judge: Hoffstadt, Filed On: February 1, 2024, Case #: B327413, Categories: Municipal Law, Transportation, Immunity
J. Aarons finds that the workers' compensation board properly held that an asbestos worker who hurt his back hauling pieces of a cast-iron boiler had not misrepresented his medical history because the independent medical examination contained several references to a prior mild back injury he sustained upon being struck by a slow-moving vehicle as a pedestrian. Affirmed.
Court: New York Appellate Divisions, Judge: Aarons, Filed On: February 1, 2024, Case #: CV-22-2330, Categories: Workers' Compensation
J. Sung finds that the district court improperly denied Oregon State Governor Kate Brown and Director of the Oregon Health Authority Patrick Allen’s motion to dismiss a claim brought by Oregon state inmates for damages stemming from state officials’ assignment of a lower priority Covid-19 vaccination tier to state inmates than to correctional officers. The state officials were immune from liability for the vaccination prioritization claim under the Public Readiness and Emergency Preparedness Act. Reversed.
Court: 9th Circuit, Judge: Sung, Filed On: February 1, 2024, Case #: 22-35218, Categories: Covid-19, Prisoners' Rights
J. Powers finds that the lower court properly dismissed conversion and replevin claims plaintiff brought against an ex-girlfriend concerning a mobile home sited on her land. The parties originally intended to rent the home, which was affixed to a concrete pad and connected to utilities, and thus plaintiff lacked an ownership interest. Affirmed.
Court: New York Appellate Divisions, Judge: Powers, Filed On: February 1, 2024, Case #: CV-23-0354, Categories: Property, Conversion
J. Hsu denies a family's motion for permanent injunction preventing further discrimination but grants in part their fee award regarding allegations that the military did not provide their daughter with a reasonable accommodation for her learning disability. "The Court is loath to impede on military operations by requiring an equitable remedy that exceeds the harm the jury found in this case." After a reduction in hours and hourly rate, a fee award of $351,780 and costs of $22,029 are granted.
Court: USDC Central District of California, Judge: Hsu, Filed On: February 1, 2024, Case #: 5:22cv931, NOS: Housing/Accommodations - Civil Rights, Categories: Housing
J. Abrams finds for IBM and dismisses a class action alleging age discrimination against age 60+ employees at an IBM spin-off company, Kyndryl. The employees cannot show that IBM is the spin-off company's "alter ego," as the companies do not operate as a single economic entity, nor does IBM exercise dominion over its spin-off. However, the class members may sue Kyndryl itself over its alleged practice of targeting older employees for layoff.
Court: USDC Southern District of New York, Judge: Abrams, Filed On: February 1, 2024, Case #: 1:23cv3962, NOS: Employment - Civil Rights, Categories: Employment, Class Action
J. Ocasio finds that the lower court improperly found the child neglected after the trial court combined the evidentiary portion of the adjudicatory hearing with the dispositional hearing. This deprived the mother of a fair hearing. Reversed.
Court: Illinois Appellate Court, Judge: Ocasio, Filed On: February 1, 2024, Case #: 230508, Categories: Family Law
J. Ocasio finds that the lower court properly granted the state's motion to deny defendant pre-trial release on charges of aggravated battery with a firearm, to which the state later added charges of attempted murder. Defendant never posted bail when he was originally charged with just the weapons count, and is not eligible for pre-trial release under the new charges. Affirmed.
Court: Illinois Appellate Court, Judge: Ocasio, Filed On: February 1, 2024, Case #: 232163, Categories: Criminal Procedure, Bail
J. Seeger grants a credit reporting company’s motion to dismiss two debtors’ injury and emotional distress claims. The credit company mistakenly reported the debtors had several thousand dollars in outstanding debt when in reality those debts had been written off in bankruptcy. Despite this, the company also reported that the debtors were making timely payments on the debts, reflecting positively in their credit reports. Because the court finds the debtors failed to show any tangible injury from the mistakes, it dismisses the claims for lack of standing.
Court: USDC Northern District of Illinois, Judge: Seeger, Filed On: February 1, 2024, Case #: 1:22cv617, NOS: Consumer Credit - Other Suits, Categories: Bankruptcy, Debt Collection, Emotional Distress
J. Hiland finds the court of appeals improperly reversed the trial court's defendant's convictions for DWI and refusal to submit to testing after his arrest for being passed out drunk in his vehicle on the side of the road. The arresting officer testified he had difficulty awakening defendant, who eventually referred to the officer as "mom." The officer smelled alcohol and saw other signs of defendant's intoxication. No abuse of discretion is found in the court's denying a mistrial where defense opened the door to allegedly prejudicial statements about defendant's blood alcohol level or where the possible prejudice could have been cured by an admonition to the jury. Vacated.
Court: Arkansas Supreme Court, Judge: Hiland, Filed On: February 1, 2024, Case #: CR-22-452, Categories: Evidence, Dui, Jury Instructions
J. Stadtmueller finds that the citizen may proceed with some of the constitutional claims in his pro se lawsuit against the police officers over a traffic stop that resulted in him being arrested and booked for being a felon in possession of a firearm. The citizen may proceed with Fourth and 14th Amendment claims in part alleging unlawful seizure of himself and his gun without probable cause, excessive force, and violation of due process by the police refusing to return his gun and passport, but the rest of his claims are dismissed. The citizen has until February 15, 2024, to file notice of whether he intends to serve the officers himself or use the U.S. Marshals Service.
Court: USDC Eastern District of Wisconsin, Judge: Stadtmueller, Filed On: February 1, 2024, Case #: 2:24cv18, NOS: Other Civil Rights - Civil Rights, Categories: Constitution, Police Misconduct
J. Goree finds the county court properly dismissed the former labor commissioner candidate's RICO counterclaim. The consulting firm says the candidate committed slander and invasion of privacy with a press release suggesting it sought to discredit him, while his counterclaim alleged extortion, wire fraud and mail fraud. The object of allegedly fraudulent mailers and TV ads was to influence voters, not to deprive the candidate of money or property. Pleadings involving mail and wire fraud are insufficient, while there is also no pattern of racketeering. Affirmed.
Court: Oklahoma Courts Of Appeal, Judge: Goree , Filed On: February 1, 2024, Case #: 121445, Categories: Elections, Fraud, Damages
J. Wiseman finds the trial court properly awarded damages to the wife injured in the traffic accident. The driver of the at-fault vehicle admitted fault and the court awarded damages to the wife, who was driving, but not her husband, who was a passenger. The 5-mph collision occurred at an intersection, with one vehicle just beginning to move from a standstill and the other slowing down to make a turn. The husband and wife cannot prove reckless disregard. Affirmed.
Court: Oklahoma Courts Of Appeal, Judge: Wiseman , Filed On: February 1, 2024, Case #: 120153, Categories: Tort, Vehicle, Damages
J. Hixon finds an $11,000 damages award to a driver and passenger in a collision case was adequate. The oilwell worker, driving in the scope of his employment, struck the injured parties' vehicle when stopped at a stop sign. Although the oilwell worker's behavior constitutes reckless driving, the injured parties fail to show this automatically warrants an instruction on punitive damages. Affirmed.
Court: Oklahoma Courts Of Appeal, Judge: Hixon , Filed On: February 1, 2024, Case #: 120288, Categories: Vehicle, Damages, Negligence
J. Anello partly grants Circle K Store's motion for attorney fees after prevailing on contract claims brought by a fuel supplier. Circle K requests more than $1.1 million in fees, but this amount is reduced to $806,000 because Circle K submitted billing entries containing redactions that are "insufficient to support the request to be compensated for those hours." Circle K fails to provide a sufficient explanation as to why the sealed versions of the records must contain redactions and why the court cannot view the redactions.
Court: USDC Southern District of California, Judge: Anello, Filed On: February 1, 2024, Case #: 3:21cv1416, NOS: Other Contract - Contract, Categories: Attorney Fees, Contract
J. Lagoa finds that the district court improperly refused to remove an impaneled juror in a negligence action brought against Royal Caribbean by the passenger after a trip-and-fall incident. The jury found Royal Caribbean negligent but assessed a comparative-negligence finding against the passenger that reduced her recovery by 90%. Although the juror had a niece who worked for Royal Caribbean, the district court did not question her about the niece or any potential for bias. The district court therefore failed to fulfill its investigative obligation. Reversed.
Court: 11th Circuit, Judge: Lagoa, Filed On: February 1, 2024, Case #: 21-13612, Categories: Jury, Negligence
J. Bennett grant summary judgment in favor of the police department in this employment dispute brought by a police sergeant alleging she was retaliated against, and it created a hostile work environment when she reported corruption by superior officers. There is no genuine dispute or that a reasonable jury could find the sergeant’s complaints had a negative difference in her being promoted or transferred.
Court: USDC Maryland, Judge: Bennett, Filed On: February 1, 2024, Case #: 1:21cv2173, NOS: Employment - Civil Rights, Categories: Employment Retaliation