144 results for 'filedAt:"2024-03-12"'.
[Consolidated.] J. Rickman finds that the trial court improperly failed to grant a directed verdict in the apartment complex owners' favor on all of the mother's theories of liability in a premises liability action brought by the mother after her son was fatally shot inside a leased apartment by another child. The complex owners fully parted with possession of the apartment and are not liable for the negligence of the parent who left a loaded gun around her unsupervised child. Reversed.
Court: Georgia Court of Appeals, Judge: Rickman, Filed On: March 12, 2024, Case #: A23A1387, Categories: Premises Liability
J. Donnelly dismisses an employment discrimination and retaliation complaint against Lockheed Martin, who was sued by a 53-year old Black administrative assistant on claims that she was subjected to discrimination on the basis of her race, age and gender. The court finds she fails to allege Lockheed Martin’s decision not to select her for a promotion and to later fire her were not motivated by her race, age or gender or in retaliation for complaints she made regarding allegations of discrimination and unequal pay. As well, the court finds her claim for disparate pay under the Equal Pay Act lacks substantive detail.
Court: USDC Eastern District of New York, Judge: Donnelly, Filed On: March 12, 2024, Case #: 1:22cv4115, NOS: Other Civil Rights - Civil Rights, Categories: Employment Discrimination, Employment Retaliation
J. Doyle finds that the trial court properly denied Walmart's motion for judgment notwithstanding the verdict after a jury awarded the couple $300,000 in damages in a negligence action arising from injuries the wife suffered in a slip-and-fall incident due to WD-40 on the floor. The trial court correctly found that the couple was not judicially estopped from recovering damages in excess of $75,000. A functional capability evaluation showed a change in circumstances due to the lingering effects of the wife's physical limitations and disorders. Additional evidence in discovery also showed that the WD-40 leaked onto the floor and was not sprayed by third party individuals. Affirmed.
Court: Georgia Court of Appeals, Judge: Doyle, Filed On: March 12, 2024, Case #: A23A1198, Categories: Damages, Negligence
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J. Mathias finds that the trial court properly held that a mother did not have to justify why she does not want her child to attend the father's church because Indiana law grants the custodial parent the right to determine the child's upbringing. Meanwhile, the father's parenting time was properly reduced based on evidence indicating that he exposed the child to harmful conduct, including arguments with the mother. Affirmed.
Court: Indiana Court Of Appeals, Judge: Mathias, Filed On: March 12, 2024, Case #: 23A-DC-1393, Categories: Family Law
J. Manasco grants a mortgage company’s motion for summary judgment in this personal injury lawsuit brought by a couple after the husband was injured when the brick on the stairs collapsed, causing him to fall and land on a stake sticking up out of the ground. The couple claims negligence, wantonness and loss of consortium, but lack enough evidence of the mortgagor’s culpable knowledge on any of those claims.
Court: USDC Northern District of Alabama , Judge: Manasco, Filed On: March 12, 2024, Case #: 2:21cv1417, NOS: Other Personal Injury - Torts - Personal Injury, Categories: Evidence, Negligence, Premises Liability
J. Hodges finds that the trial court properly ruled in favor of the nurse practitioner and medical practice partial owner on the individual's conspiracy claim in an action alleging that the nurse and owner accessed her medical records without authorization in violation of the Georgia Computer Systems Protection Act. However, the trial court incorrectly found in favor of the nurse and owner on the individual's invasion of privacy claim and the claim alleging violation of the Act. Although the individual did not demonstrate general damages, the law allows for either nominal damages or damages for peace, happiness and feelings if invasion of privacy is proven. The trial court incorrectly ruled in favor of the nurse and owner with respect to the individual's claim for attorney fees related to violation of the Act and invasion of privacy. Affirmed in part.
Court: Georgia Court of Appeals, Judge: Hodges, Filed On: March 12, 2024, Case #: A23A1716, Categories: Damages, Privacy, Attorney Fees
J. Pitman mostly adopts a report and recommendations in a civil rights suit brought by a former district manager against a Whataburger franchisee for alleged discrimination against him based on his sex and sexual orientation, finding, among other things, that the former manager cannot bring unconscionability arguments over clauses in his contract which the franchisee has already agreed to waive. The franchisee also cannot compel arbitration because the agreement required arbitration before the American Mediation Association, which no longer exists.
Court: USDC Western District of Texas , Judge: Pitman, Filed On: March 12, 2024, Case #: 1:23cv686, NOS: Employment - Civil Rights, Categories: Arbitration, Civil Procedure, Employment
J. Wilson reverses the trial court's award of $88,000 in damages and $8,900 in attorney fees in an operating agreement dispute between bitcoin companies. The Delaware court order upon which the trial court based its award of damages was not properly domesticated for enforcement in Texas, and the attorney fees are not supported by evidence. Reversed in part.
Court: Texas Courts of Appeals, Judge: Wilson, Filed On: March 12, 2024, Case #: 14-22-00633-CV, Categories: Corporations, Damages, Attorney Fees
Per curiam, the Louisiana court finds that a hunting trip coordinators' declinatory exception of lack of personal jurisdiction should be granted on a customer's breach of contract related to a hunting trip. In this case, the coordinators state that they do not conduct business or seek business in Louisiana, and that the customer contacted the coordinators by telephone to book the hunting trip and that the charges were authorized through emails. Further, plaintiff does not claim that that the hunting trip at issue originated from the coordinators' solicitation of customers in Louisiana.
Court: Louisiana Court Of Appeal, Judge: Per curiam, Filed On: March 12, 2024, Case #: 23-C-583, Categories: Jurisdiction, Contract
J. Connors finds that the lower court improperly entered judgment for the customer in this suit to collect an alleged credit card debt. The bank did not receive sufficient notice of the hearing, as the notices that went out "indicated that mediation and a debt collection hearing would occur simultaneously." Additionally, the bank was denied the chance to participate in "the ordered mediation." Accordingly, the court concludes that the bank's due process rights were violated. Vacated.
Court: Maine Supreme Court, Judge: Connors, Filed On: March 12, 2024, Case #: 2024ME19, Categories: Civil Procedure, Debt Collection, Banking / Lending
J. Kobick denies a health care technology company’s motion to dismiss a claim of negligent misrepresentation brought against it by a recipient of its Obtryx medical device and her husband. The couple adequately supports that they have, and will continue to, suffer economic damages and they can continue with their negligent misrepresentation claim if they drop their failure-to-warn claim under the Ohio Product Liability Act.
Court: USDC Massachusetts, Judge: Kobick, Filed On: March 12, 2024, Case #: 1:23cv11848, NOS: Personal Injury - Product Liability - Torts - Personal Injury, Categories: Health Care, Consumer Law, Product Liability
J. Pryor finds that the district court properly dismissed the volunteer golf attendants’ putative class action against the county alleging that the county’s use of their services at a county-owned golf club violated the minimum wage and anti-retaliation provisions of the Fair Labor Standards Act and the Florida Minimum Wage Act. The district court correctly found that the attendants were public agency volunteers, not employees. The attendants received reasonable benefits for their services in the form of discounted rounds of golf and were not promised any compensation. The attendants did not have an objectively reasonable expectation of compensation. Affirmed.
Court: 11th Circuit, Judge: Pryor, Filed On: March 12, 2024, Case #: 23-11065, Categories: Class Action, Labor
J. VanDyke partially affirmed a district court order denying the employer’s motion to compel arbitration in a class action suit alleging violations of California labor laws. During the pertinent period of employment, the employees worked at a California warehouse facility, which received Adidas watches, apparel, and shoes from mostly international locations. Although the employees moved goods only a short distance across the warehouse floor and onto storage racks, they nevertheless moved them, and with the direct purpose of facilitating their continued travel through an interstate supply chain. Further, the fact that the employer is in the warehousing business, not directly in the transportation industry, does not mean the employees cannot claim the transportation worker exemption of the Federal Arbitration Act. Affirmed in part.
Court: 9th Circuit, Judge: VanDyke, Filed On: March 12, 2024, Case #: 23-55147, Categories: Arbitration, Employment, Class Action
J. Bishop finds the county court properly entered this divorce decree, awarding alimony to the ex-wife. Though the wife's career as a mortgage loan officer was not interrupted by the marriage, and her substantial earnings and receipt of a property settlement could have supported not awarding alimony, her higher earnings as a loan officer did take place during a period of low interest rates. A period of increase during an industry slowdown also resulted in further reduced earnings. Being the alimony order covers only two years, no abuse of discretion is found. The husband, though, is entitled to a nonmarital set off for a down payment made on the marital home purchased before the marriage. Affirmed.
Court: Nebraska Court Of Appeals, Judge: Bishop, Filed On: March 12, 2024, Case #: A-23-030, Categories: Family Law, Property, Contract
J. Welch finds the trial court properly convicted defendant for firearm possession. During defendant's probation sentence for convictions on charges of domestic violence, disturbing the peace and criminal trespass, he failed to report for drug testing. The ensuing inquiry yielded information regarding defendant's illegally being in possession of firearms, and a search of his apartment turned up firearms. The search was properly made under conditions of defendant's probation and his motion to suppress was correctly denied. Affirmed.
Court: Nebraska Court Of Appeals, Judge: Welch , Filed On: March 12, 2024, Case #: A-23-312, Categories: Firearms, Probation, Search
J. Graham denies the employer's motion for summary judgment, ruling the employee's failure to apply for another position with the company is not fatal to his age discrimination claim. He was told by his manager at the time of his termination there were no open positions and the company was "headed in a different direction." Meanwhile, the employer's claim the employee was not "up to the challenge" of a shift in his position is contradicted by evidence in the record, including that the employee met all increased sales goals prior to his termination; therefore, the employee has established a prima facie case for discrimination.
Court: USDC Southern District of Ohio, Judge: Graham, Filed On: March 12, 2024, Case #: 2:22cv2369, NOS: Employment - Civil Rights, Categories: Evidence, Employment Discrimination
J. Darby finds the trial court properly entered summary judgment in favor of Cessna. After the pilots were injured in a plane crash, they filed a negligence suit against Cessna alleging the company failed to revise its service manual to include a new part and installation instructions. The claim is subject to the General Aviation Revitalization Act's statute of repose. Cessna did not add or omit anything to the service manual that was a proximate cause of the accident in order to restart the statute. Affirmed.
Court: Oklahoma Supreme Court, Judge: Darby , Filed On: March 12, 2024, Case #: 121,203, Categories: Tort, Negligence, Aviation
J. Winchester finds the court of civil appeals improperly reversed the trial court's summary judgment in favor of the swimming pool owner. The mother seeks recovery from her child's drowning by a fall into her neighbor's pool. Though the trial court found the owner to have no duty of care, the appeals court concluded the question of whether or not the swimming pool was an attractive nuisance was for the jury to decide. The swimming pool is not defined as an attractive nuisance being there was no hidden or unusual element of danger in or near it. A genuine issue of material fact remains, though, as to whether the owner breached a duty owed under premises liability. Vacated.
Court: Oklahoma Supreme Court, Judge: Winchester, Filed On: March 12, 2024, Case #: 119,569, Categories: Negligence, Wrongful Death, Premises Liability
J. Larsen finds the trial court properly denied defendant's motion to suppress evidence during his robbery trial. While the Tennessee traffic law regarding left-hand turns from a multi-lane intersection is subject to multiple interpretations, the police officer's belief a driver cannot cross lanes during a turn was reasonable and gave him probable cause to initiate the traffic stop of defendant. Furthermore, the trial court did not "double count" one of defendant's firearm convictions for sentencing purposes and its factfinding established a proper base sentencing level, while three firearms enhancements were properly applied because they involved the quantity and stolen nature of the weapons, not defendant's mere possession. Affirmed.
Court: 6th Circuit, Judge: Larsen, Filed On: March 12, 2024, Case #: 22-5746, Categories: Robbery, Search, Sentencing
[Consolidated.] J. Kethledge finds the pizza restaurants cannot use the reasonable approximation rule of the Fair Labor Standards Act to determine the reimbursement rate paid to delivery drivers for vehicle expenses. The rule is intended for application only to overtime rate calculations and would likely result in a failure to pay the drivers minimum wage during regular wage hours. However, the IRS reimbursement rate for mileage is also unsuitable because vehicle maintenance and gas costs differ widely across the country. Therefore, the district court orders in both cases - one in favor of the drivers and one in favor the restaurants - will be vacated and the cases remanded to determine a suitable method for determining adequate reimbursement rates. Reversed.
Court: 6th Circuit, Judge: Kethledge, Filed On: March 12, 2024, Case #: 22-2119, Categories: Class Action, Labor
J. Williams grants, in part, the Postmaster General's motion to dismiss, ruling the sparse details regarding incidents of sexual harassment, which include a coworker attempting to initiate contact and making sexual comments, are insufficient to support the employee's claims for hostile work environment and sexual harassment.
Court: USDC Connecticut, Judge: Williams, Filed On: March 12, 2024, Case #: 3:21cv1066, NOS: Employment - Civil Rights, Categories: Employment, Evidence
J. Oliver denies, in part, the insurance company's motion to dismiss, ruling the lead plaintiff has standing to pursue damages for disparate treatment under the Affordable Care Act despite no longer being a member of the insurance plan. The previous denials of benefits for artificial insemination procedures are traceable to the insurer and can be redressed through damages. However, because the lead plaintiff will not suffer future harm as a result of her leaving the plan, she cannot seek prospective relief through a declaratory judgment, and that portion of her complaint will be dismissed.
Court: USDC Connecticut, Judge: Oliver, Filed On: March 12, 2024, Case #: 3:22cv229, NOS: Other Civil Rights - Civil Rights, Categories: Health Care, Insurance, Class Action
J. Ludwig grants the technology services company's motion to dismiss three counts in the former employee's lawsuit in part claiming unpaid commissions and bonuses since her termination by the company in 2021. The employee's civil theft claim is improperly pleaded under a statute that does not apply to the alleged retention of her commissions and bonuses, and her tortious interference with contract and unjust enrichment claims cannot survive because they involve a "required" party that "cannot be feasibly joined" to the lawsuit.
Court: USDC Eastern District of Wisconsin, Judge: Ludwig, Filed On: March 12, 2024, Case #: 2:22cv1400, NOS: Other Contract - Contract, Categories: Employment, Interference With Contract
Chancellor McCormick appraises the fair value of Class A common stock at $15.44 per share at the time of a merger by combining the comparable companies analysis with the DCF analysis, making slight adjustments and averaging the two.
Court: Delaware Chancery Court, Judge: McCormick, Filed On: March 12, 2024, Case #: 2020-0165-KSJM, Categories: Securities