120 results for 'filedAt:"2024-03-04"'.
J. Brnovich denies a proposed class of insureds motion for class certification concerning contract claims against an insurance company, which may have engaged in undervaluing insureds' loss vehicles. The insurance company sufficiently showed in court that the proposed class would have to resolve individual, labor intensive questions as to who was wrongfully denied coverage.
Court: USDC Arizona, Judge: Brnovich, Filed On: March 4, 2024, Case #: 2:22cv342, NOS: Insurance - Contract, Categories: Insurance, Class Action, Contract
J. Najam finds that the trial court properly ruled in contract claims concerning a warranty for HVAC equipment because the property owner failed to timely file his claim and failed to prove the existence of an oral warranty. Affirmed.
Court: Indiana Court Of Appeals, Judge: Najam, Filed On: March 4, 2024, Case #: 23A-SC-1324, Categories: Warranty, Contract
J. Rubin grants summary judgment in favor of a medical center in this employment dispute brought by a former employee. The employee alleges she was terminated after requesting accommodations for her pregnancy complications. The evidence shows she was terminated for poor performance, and her counter-evidence fails to show this was mere pretext to fire her.
Court: USDC Maryland, Judge: Rubin, Filed On: March 4, 2024, Case #: 1:20cv3523, NOS: Employment - Civil Rights, Categories: Employment Discrimination
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J. Doss finds that the lower court properly awarded physical impairment damages in this lawsuit involving a car accident. Contrary to the appellant's argument, the evidence sufficiently supports the award, and the jury had "great discretion for how to allocate damages." Affirmed.
Court: Texas Courts of Appeals, Judge: Doss, Filed On: March 4, 2024, Case #: 07-23-00114-CV, Categories: Evidence, Tort, Damages
J. Gobeil finds that the trial court improperly issued a writ of possession to the landlord in a dispossessory dispute and incorrectly ordered the tenant to pay rent and $209,000 in back-due rent in contradiction of an agreement between the parties. Language in the agreement's consent order unambiguously ceased the tenant's obligation for further rental payments. Reversed.
Court: Georgia Court of Appeals, Judge: Gobeil, Filed On: March 4, 2024, Case #: A23A1546, Categories: Landlord Tenant, Contract
J. Doyle finds that the trial court properly denied defendant's motion to suppress evidence found during a warrantless search of his vehicle which led to his arrest and charge for possession of psilocyn. The police officer's determination of probable cause to search the vehicle was based on the totality of her observations, not solely on her perception that the vehicle smelled like marijuana without accounting for the smell of a legal CBD cigarette. Defendant stopped his vehicle beyond the stop line at a red light, had an expired out-of-state tag and had bloodshot, red eyes. Affirmed.
Court: Georgia Court of Appeals, Judge: Doyle, Filed On: March 4, 2024, Case #: A23A1619, Categories: Drug Offender, Search
J. Beckerman finds in favor of the inspectors against the facility resident's complaint that the inspectors' investigation produced a false positive for drugs that caused the Oregon Department of Corrections to wrongly charge the facility resident with various rule violations, including possession and distribution of drugs. Even if one of the inspectors incorrectly interpreted the tests -- which seems to be shown by the Oregon State Crime Lab's follow-up testing -- that is not enough to establish a retaliatory motive or undermine the inspectors' use of the XCAT machine test to verify their results, nor does the facility resident show other evidence to support his claims.
Court: USDC Oregon, Judge: Beckerman, Filed On: March 4, 2024, Case #: 2:20cv866, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Evidence, Prisoners' Rights
J. Rothstein denies the Child Protective Services investigator summary judgment on a negligent investigation claim in the family's complaint alleging that the state removed the children from the parents' custody by wrongfully representing the parents as violent. The family claims that the CPS investigator did not meet with the father and did not conduct domestic violence screening. Deciding the reasonability of her investigation is better left for a jury to decide.
Court: USDC Western District of Washington, Judge: Rothstein, Filed On: March 4, 2024, Case #: 2:21cv1263, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Family Law, Jury
J. Tostrud denies the medical device maker's motion for a preliminary injunction in its suit against its former U.K. distributor. The device maker has not demonstrated that its agreement with the distributor prohibits the distributor from selling its remaining inventory, nor has it shown that it is likely to suffer irreparable harm if the distributor is not prevented from selling that inventory.
Court: USDC Minnesota, Judge: Tostrud, Filed On: March 4, 2024, Case #: 0:23cv3709, NOS: Insurance - Contract, Categories: Contract, Injunction
J. Frisch reverses the district court's order enforcing a settlement agreement reached in mediation proceedings. The district court correctly concluded that a party may authorize counsel to sign mediated settlement agreements, but erred in concluding that the record had sufficient evidence to establish the existence of an enforceable and signed agreement. Given the parties' disputes over the validity of any such agreement, the case is remanded for further proceedings and the district court may, on remand, reopen the record and allow for additional discovery. Reversed.
Court: Minnesota Court Of Appeals, Judge: Frisch, Filed On: March 4, 2024, Case #: A23-0884, Categories: Settlements, Mediation
J. Phillips finds that the lower court improperly denied an environmental group's request to intervene in an underlying dispute over a quiet title action to hundreds of alleged rights-of-way on federal land in Utah. The group has already been given the ability to intervene in a similar filing involving the same parties in 2019, and this current case is similar enough that they are entitled to intervene here as well. Reversed.
Court: 10th Circuit, Judge: Phillips, Filed On: March 4, 2024, Case #: 22-4087, Categories: Civil Procedure, Property
J. Grasz finds a lower court properly granted an insurance company's motion for summary judgment concerning coverage claims brought by a warehouse. The warehouse operator argued that its policy with the insurance company covers property damage liability for the collapse of a building during a deadly tornado. However, the insurance company sufficiently showed in court that it is not obligated to cover damages given that Amazon is the actual owner of the facility. Affirmed.
Court: 8th Circuit, Judge: Grasz, Filed On: March 4, 2024, Case #: 23-1450, Categories: Insurance, Property, Contract
J. Roemer grants a preliminary injunction against telemarketers accused of collecting advance fees from consumers for debt relief services and requiring consumers to sign several waivers to important rights. The "face-to-face" exemption under telemarketing sales laws does not apply because the fees were paid in advance, and the presentations were given by notaries, not the seller. Meanwhile, evidence indicates in-person meetings were brief, did not follow scripts, and did not allow for substantive conversations about the underlying debt-relief program or its consequences.
Court: USDC Western District of New York, Judge: Roemer , Filed On: March 4, 2024, Case #: 1:24cv40, NOS: Other Statutory Actions - Other Suits, Categories: Consumer Law
J. Gorton allows the majority of claims against public school district officials, teachers and a town to be dismissed. One teacher repeatedly physically and emotionally abused her very young, disabled students, and two of her students demonstrated the severity and long-lasting impact of the abuse enough to prevent the dismissal of their claims for intentional infliction of emotional distress. Other suing students did not show the severity necessary to support their intentional infliction of emotional distress claims. Additionally, the other teachers, officials and the town are not shown to have been responsible for the abuse.
Court: USDC Massachusetts, Judge: Gorton, Filed On: March 4, 2024, Case #: 1:23cv11170, NOS: Other Civil Rights - Civil Rights, Categories: Education, Emotional Distress, Assault
Per curiam, the circuit finds that the district court properly dismissed human trafficking claims in an identity-swapping scheme to defraud the government of financial aid because plaintiff failed to demonstrate he had been threatened into forced labor under the scheme. Affirmed.
Court: 2nd Circuit, Judge: Per curiam, Filed On: March 4, 2024, Case #: 23-339-cv, Categories: Fraud, Banking / Lending, Labor
J. Winmill grants the SEC's motion for remedies against a crypto investment broker who allegedly lured investors into investing millions of dollars in his crypto investment company through false representations, then misappropriated those funds for his personal use. The broker also offered and sold unregistered securities. The company and broker shall disgorge $5,257,563 in ill-gotten gains plus $127,454 in pre-judgment interest. The court also imposes a civil penalty of $6,899,969, the amount of the broker's gross amount of pecuniary gain.
Court: USDC Idaho, Judge: Winmill, Filed On: March 4, 2024, Case #: 2:21cv103, NOS: Securities/Commodities/Exchange - Other Suits, Categories: Securities
J. DeGravelles grants a request by an ophthalmology practice to dismiss a retina specialist’s fraud claim for lack of detail. The physician is given more time to address deficiencies in his complaint. His fraud claim is based on the practice’s alleged misrepresentation that the business was relatively debt-free during their contract negotiations. The doctor’s fraud claim may be reasserted on amounts he may be owed that are found in the discovery.
Court: USDC Middle District of Louisiana, Judge: DeGravelles, Filed On: March 4, 2024, Case #: 3:22cv3158, NOS: Other Contract - Contract, Categories: Fraud, Health Care, Discovery
[Consolidated.] J. Wilson denies the government's motion to dismiss the appeal for lack of subject matter jurisdiction. Contracted for building repair at Ft. Gordon, Georgia, the contractor seeks equitable adjustment of almost $4 million for additional costs, as well as a time extension. Though the government says the board does not have jurisdiction because the contractor filed in advance of the contracting officer's deemed denial or final decision, the record shows the officer did not need additional time to issue a final decision. This appeal, however, is dismissed as moot, due to the contractor's subsequent filing of an appeal from the officer’s final decision denying the same claim.
Court: Armed Services Board Of Contract Appeals, Judge: Wilson , Filed On: March 4, 2024, Case #: 63674, Categories: Government, Due Process, Contract
J. Garnett grants final approval to a $10 million settlement in a class action alleging that the window treatment company put a “discount” price on products that was actually the real price of the products. Class members who submit a claim will receive a settlement amount in cash, while class members who choose not to submit a claim will automatically receive store credit that will not expire. Class counsel is awarded just over $1.4 million, representing 14% of the settlement, which is well below the 25% benchmark set by the 9th Circuit.
Court: USDC Central District of California, Judge: Garnett, Filed On: March 4, 2024, Case #: 2:22cv8326, NOS: Other Fraud - Torts - Personal Property, Categories: Settlements, Attorney Fees, Class Action