164 results for 'filedAt:"2024-03-14"'.
J. D’Agostino preserves a shipper and receiver’s untimely wages complaint against her employer, a packaging materials manufacturer. Her allegations sufficiently articulate an injury suffered, so she has standing to sue, and the state labor law at issue affords a private right of action.
Court: USDC Northern District of New York, Judge: D’Agostino, Filed On: March 14, 2024, Case #: 1:23cv790, NOS: Other Labor Litigation - Labor, Categories: Employment, Jurisdiction, Labor
J. Komitee grants summary judgment against a former New York City police detective who alleges he was the subject of a conspiracy to frame him for various crimes in order to pressure him to resign from the force. The court finds the former officer fails to present any evidence that would suggest the existence of a conspiracy or back up his claim that he was coerced into signing a confession in which he admitted trespassing in people’s backyards and masturbating while watching women inside their homes.
Court: USDC Eastern District of New York, Judge: Komitee, Filed On: March 14, 2024, Case #: 1:20cv642, NOS: Other Civil Rights - Civil Rights, Categories: Police Misconduct
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[Consolidated.] J. Pryor finds that the district court properly denied defendants' motions for a new trial after they were convicted of offenses including health care fraud, money laundering and paying kickbacks for operating fraudulent drug rehabilitation clinics. The district court correctly denied defendants' motion to compel discovery of confidential treatment records pertaining to treatment their patients received at other addiction clinics. Defendants cannot show that the records contain impeachment information. Expert testimony from a doctor and lay summary testimony from a certified fraud examiner was properly admitted. Affirmed.
Court: 11th Circuit, Judge: Pryor, Filed On: March 14, 2024, Case #: 22-10978, Categories: Fraud, Money Laundering
J. Mortensen finds that the trial court properly applied postjudgment interest on a damages award in a product liability case beginning from the date of the final judgment in 2018. The trial erroneously overturned the jury's damages award, but the Utah Supreme Court reinstated it, and no issues remained undecided after the judgment. Affirmed.
Court: Utah Court Of Appeals, Judge: Mortensen, Filed On: March 14, 2024, Case #: 20220957-CA, Categories: Damages, Product Liability
J. Scott grants a teen cheerleader’s father’s motion to dismiss in this nuanced defamation suit wherein the mother of a squad member of his daughter’s harassed his daughter by sending anonymous text messages to the cheerleading gym’s owner, alleging the teenager was vaping, drinking and posting revealing pictures online. The mother failed to state a claim for defamation by saying she was falsely accused in the media by the father of creating deepfakes of the girl.
Court: USDC Eastern District of Pennsylvania, Judge: Scott, Filed On: March 14, 2024, Case #: 2:23cv147, NOS: Other Civil Rights - Civil Rights, Categories: Tort, Immunity, Defamation
J. Orme finds that it was reasonable for counsel not to object to alleged prosecutorial misconduct during cross-examination of defendant during his trial on rape charges, as objections would have allowed the state to highlight contradictions in defendant's testimony. However, counsel should have requested unanimity jury instructions on two forcible sexual abuse charges, and the state did not sufficiently clarify which acts applied to which charges, so defendant is entitled to a new trial on those two charges. Reversed in part.
Court: Utah Court Of Appeals, Judge: Orme, Filed On: March 14, 2024, Case #: 20220163-CA, Categories: Ineffective Assistance, Sex Offender
J. Baylson denies Thomas Jefferson University’s motion for judgment on the pleadings over a female medical resident’s sex discrimination claim stemming from her allegedly being raped when at a party at the home of an attending male physician, but does order a new trial on on her Title IX claim. The jury’s verdict on the sex discrimination claim was not against the weight of evidence, however a new trial is warranted in part because the university’s counsel was not allowed to cross-examine important witnesses and because the court should not have excluded certain text messages that contradicted the medical resident’s testimony at trial.
Court: USDC Eastern District of Pennsylvania, Judge: Baylson, Filed On: March 14, 2024, Case #: 2:20cv2967, NOS: Employment - Civil Rights, Categories: Education, Employment, Evidence
J. Parraguirre finds the district court properly denied the county's anti-SLAPP special motion to dismiss. The county opened an investigation into a residential property reported as being used as a short-term rental and party house. The county recorded a lien against the property after violations were found and penalties of more than $38,000 were not paid. After the owner paid the penalties in full, he filed suit alleging the county lacked authority to impose the civil penalties and to record liens against the property. The relevant statute unambiguously defines "person" to exclude government entities. The county is not a "person" for purposes of the anti-SLAPP statute and is not entitled to evoke the statute. Affirmed.
Court: Nevada Supreme Court, Judge: Parraguirre , Filed On: March 14, 2024, Case #: 85185, Categories: Anti-slapp, Civil Procedure, Government
[Consolidated] J. Stiglich finds the district court improperly awarded the estate more than $48 million in compensatory and punitive damages. The estate filed a negligence and malpractice suit after the family member died under care at the medical center during a sickle cell crisis. Though attorney fees were properly awarded, hospitals do not owe a fiduciary duty to their patients in connection with medical treatment. Because the breach of fiduciary duty claim fails, the award for punitive damages is reversed. Reversed in part.
Court: Nevada Supreme Court, Judge: Stiglich , Filed On: March 14, 2024, Case #: 79658, Categories: Damages, Fiduciary Duty, Medical Malpractice
J. Silva grants the developer's motion to dismiss his former partner's contract claim. The developer made significant purchases of shares of cannabidiol companies on his long-term partner's recommendation, a move that also included discussion of a 50/50 partnership. Though certain meetings were held in Nevada, investments were made in companies headquartered in other states, and the developer has not purposefully conducted business in Nevada or purposefully directed his activities toward Nevada. There is no basis for jurisdiction.
Court: USDC Nevada, Judge: Silva , Filed On: March 14, 2024, Case #: 2:22cv821, NOS: Other Contract - Contract, Categories: Securities, Partnerships, Contract
J. Knapp grants the ladder manufacturer's motion to exclude the testimony of the expert witness, ruling that although he is qualified to give an opinion on any defects in the ladder, his visual observation method to determine the reason for the ladder's failure is insufficient to establish causation. Additionally, without the testimony of the expert witness, the injured individual has not put forth a viable manufacturing defect claim and his complaint must be dismissed in its entirety.
Court: USDC Northern District of Ohio, Judge: Knapp, Filed On: March 14, 2024, Case #: 5:22cv72, NOS: Tort Product Liability - Real Property, Categories: Evidence, Product Liability, Experts
J. Morrison grants the policyholder's motion for summary judgment on the interpretation of the deductible provision in its policy with the insurance companies, ruling ambiguous language requires the use of extrinsic evidence and testimony from an individual heavily involved in procuring the policies supports the policyholder's interpretation. Specifically, even though only a single manufacturing facility was damaged by the fire, the business losses of the company must be calculated using losses from all of the facilities, which are interconnected.
Court: USDC Southern District of Ohio, Judge: Morrison, Filed On: March 14, 2024, Case #: 2:22cv2019, NOS: Insurance - Contract, Categories: Evidence, Insurance, Contract
J. Gallagher finds defendant's convictions for unlawful possession of a firearm were not against the weight of the evidence. Although there were inconsistencies in the testimony of the only witness to claim defendant had a gun on his person on the night of the shooting and she was disrespectful during trial proceedings, she also provided detailed evidence about where the gun was located and moved during the crime. Because the trial court was in the best position to determine witness credibility, the convictions cannot be vacated. Affirmed.
Court: Ohio Court Of Appeals, Judge: Gallagher, Filed On: March 14, 2024, Case #: 2024-Ohio-961, Categories: Evidence, Firearms
Per curiam, the Fifth Circuit finds the district court properly dismissed the complaint for failure to prosecute. The American citizens say Tamaulipas police attempted to murder them by the direction of the Mexican and Tamaulipas governments. A non-local attorney's motion to represent the citizens was denied, and several motions for extensions and continuances were filed and granted. They failed to attend a status conference and various other hearings, and certain filings were not made within deadlines. Affirmed.
Court: 5th Circuit, Judge: Per curiam, Filed On: March 14, 2024, Case #: 23-40422, Categories: International Law, Tort, Due Process
J. Du finds the bankruptcy court improperly granted a reinsurer's motion for partial summary judgment, denying the debtor discharge from bankruptcy. The court made an adverse credibility determination and overlooked a genuine dispute of material fact in ruling the debtor fraudulently omitted information involving several LLCs from his bankruptcy schedules.
Court: USDC Nevada, Judge: Du, Filed On: March 14, 2024, Case #: 2:23cv688, NOS: Bankruptcy Appeal 28 USC 158 - Bankruptcy, Categories: Bankruptcy, Fraud
J. Keough finds the trial court properly granted the doctor's motion in limine to exclude questions regarding whether his hospital privileges had been revoked at any point during his medical career. The possibility of prejudice or jury confusion outweighed any probative value related to the standard of care he provided to the patient. The patient was able to provide expert testimony throughout the trial and also questioned the doctor about why he decided to stop delivering babies, all of which was sufficient to create an inference that his failure to properly deliver the patient's baby was based on a breach of the standard of care. Affirmed.
Court: Ohio Court Of Appeals, Judge: Keough, Filed On: March 14, 2024, Case #: 2024-Ohio-960, Categories: Evidence, Experts, Medical Malpractice
J. McShan finds that the workers' compensation board properly held that a claimant's failure to attend independent medical examinations for his back injury was unreasonable. While the employer-requested exam was scheduled for a location an hour away by car, the claimant's visits to his treating physician required that he travel an even farther distance, meaning the exam trip was not burdensome. Affirmed.
Court: New York Appellate Divisions, Judge: McShan, Filed On: March 14, 2024, Case #: CV-22-2040, Categories: Workers' Compensation
[Combined.] J. Lynch finds that the lower court properly held that a town could tap an escrow account established for a proposed residential resort community to assess compliance with original design parameters. When questions arose on whether a lot owner deviated from the design directives, the town was entitled to utilize the escrow account to pay the consultants retained to assist in the review. Affirmed.
Court: New York Appellate Divisions, Judge: Lynch, Filed On: March 14, 2024, Case #: CV-23-0407, Categories: Government, Municipal Law, Housing
J. Lynch finds that the lower court improperly declined to dismiss claims of personal injury against a golf club by an experienced golfer struck in the eye by a ball during a tournament. The golfer, familiar with the course and design adjustments made for tournaments, assumed the risk of injury as a matter of law when he chose to play despite an awareness of the danger involved. Reversed.
Court: New York Appellate Divisions, Judge: Lynch, Filed On: March 14, 2024, Case #: CV-23-0642, Categories: Tort
[Consolidated.] J. Bisig finds that commercial real estate proceeds were properly distributed following the sale of a building because all parties had signed a binding memorandum that governed distribution of sale proceeds and imposed a bifurcated distribution formula with a sale price threshold and sales commission deduction. Reversed.
Court: Kentucky Supreme Court, Judge: Bisig, Filed On: March 14, 2024, Case #: 2022-SC-0478-DG, Categories: Contract
J. Manasco grants summary judgment in favor of the bank, an investment firm and insurance company in this dispute brought by an estate and its administrator. The administrator alleges that he has not received the settlement agreement compensation, nor did he sign the agreement. The bank, investment firm and insurer provided evidence that the agreement in enforceable and they complied with the terms. The administrator failed to provide any evidence that would be contrary. This case is ordered to be closed and all of the estate and its administrator’s motions be denied as moot.
Court: USDC Northern District of Alabama , Judge: Manasco, Filed On: March 14, 2024, Case #: 2:23cv173, NOS: Insurance - Contract, Categories: Insurance, Settlements, Banking / Lending
J. Richman holds that the trial court lacked substantial and principled reasons to deny an applicant's petition to change her name to Candi Bimbo Doll, a name she has been using for over a decade. Public policy supports name changes and the applicant's preferred name was not chosen to defraud or confuse. It does not contain fighting words, and recent cultural trends contradict the trial court's conclusion that the word "bimbo" is necessarily vulgar, derogatory or offensive. Reversed.
Court: California Courts Of Appeal, Judge: Richman, Filed On: March 14, 2024, Case #: A168463, Categories: Civil Rights
J. Figueredo denies the lender's motion to strike an expert opinion in a suit against a borrower, seeking to collect on a $14 million loan secured by a Jean-Michel Basquiat painting. The lender now claims to have possession of the Basquiat and wants to sell the painting, but third parties purport to hold an interest in the painting. A third-party's expert is qualifies to opine on asset-backed lending and the standards of reasonable diligence in the art market relative to the loans made by the lender.
Court: USDC Southern District of New York, Judge: Figueredo, Filed On: March 14, 2024, Case #: 1:20cv4669, NOS: All Other Real Property - Real Property, Categories: Experts, Discovery, Banking / Lending