187 results for 'filedAt:"2024-03-25"'.
J. Dalton grants final approval to a class action settlement and certifies a settlement class in the consumer's suit alleging repeated telephone solicitations made to consumers on the national Do-Not-Call registry. The settlement, which affords $160 to each of the 32,738 putative class members who submits an approved claim, is fair, reasonable and adequate, the class representative and counsel have adequately represented the class and the settlement was negotiated at arm's length.
Court: USDC Middle District of Florida, Judge: Dalton, Filed On: March 25, 2024, Case #: 6:22cv1047, NOS: Telephone Consumer Protection Act (TCPA) - Other Suits, Categories: Settlements, Privacy, Class Action
J. Corrigan, in an order applied to several different and otherwise apparently unconnected personal-injury cases with disputes over whether the amount in controversy exceeds the $75,000 minimum for federal courts to exercise diversity jurisdiction, finds that the estimates of amounts in controversy required by Florida's civil cover sheet on its own are not sufficient to satisfy a defendant's burden to demonstrate that the minimum amount in controversy is satisfied by a preponderance of the evidence. One of the four cases is remanded after application of this principle. Jurisdiction has been properly invoked in another, and the defendants in the two remaining cases are ordered to file jurisdictional supplements.
Court: USDC Middle District of Florida, Judge: Corrigan, Filed On: March 25, 2024, Case #: 3:23cv869, NOS: Motor Vehicle - Torts - Personal Injury, Categories: Tort, Jurisdiction
J. Tunheim grants the video game maker's owner's motion for summary judgment in the game reseller's suit against him and his company alleging breach of contract and fraud. An email the owner forwarded with a delivery schedule, which proved to be false, is not sufficient to support a fraud claim.
Court: USDC Minnesota, Judge: Tunheim, Filed On: March 25, 2024, Case #: 0:19cv3114, NOS: Other Contract - Contract, Categories: Fraud, Contract
J. Tostrud grants the debt collector's motion to dismiss the purported debtor's action against it alleging that it sought to collect a debt that it did not own and that documents it submitted in state court or sent to her were misleading or inaccurate. The debtor lacks standing to bring two claims under the Fair Debt Collection Practices Act, a claim that the collector attempted to collect a debt it did not own is collaterally estopped by a state-court judgment, and additional FDCPA claims stemming from alleged defects in a state-court summons fail because the summons was not fatally defective.
Court: USDC Minnesota, Judge: Tostrud, Filed On: March 25, 2024, Case #: 0:21cv2614, NOS: Consumer Credit - Other Suits, Categories: Debt Collection, Consumer Law
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J. Lasnik finds that the Kona coffee farmers and sellers proved that Kroger's Kivu Kona blend coffee products did not comply with a settlement agreement at certain stores, so they are entitled to the gross profits received from the bulk sales of those products.
Because Kroger cured the other alleged breaches within 90 days of the notices, no claims can be brought or damages awarded regarding those alleged breaches.
Court: USDC Western District of Washington, Judge: Lasnik, Filed On: March 25, 2024, Case #: 2:19cv290, NOS: Trademark - Property Rights, Categories: Trademark, Enforcement Of Judgments, Class Action
J. Mizelle overrules and denies the judgment holder's objections to several orders by a magistrate judge in his action alleging efforts to evade enforcements of his judgment, and adopts the magistrate judge's report and recommendation resolving the parties' cross-motions for summary judgment. The judgment holder has not shown that a denial of a discovery request substantially harmed his case, nor that his proposed discovery was relevant and proportional. As to a second discovery request, the judgment holder has not shown that he had any right to more documents than the defendants produced, and his objections to a protective order were mooted along with the order itself. His objections to an order granting the defendants' motion to compel are also moot, and the magistrate judge correctly found that the defendants did not breach a confidentiality provision in the parties' agreement.
Court: USDC Middle District of Florida, Judge: Mizelle, Filed On: March 25, 2024, Case #: 8:20cv936, NOS: Fair Labor Standards Act - Labor, Categories: Enforcement Of Judgments, Discovery, Contract
J. Ramos grants the Chinese garment manufacturer's motion to exclude experts in a suit to hold defendants liable for an unsatisfied judgment against an American clothing seller. The defense expert did not review relevant parts of the record, so his report is inadequate to support the conclusions reached. Further, there is sufficient support for the manufacturer to proceed on its alter ego claims arguing that defendants are liable for the money judgment.
Court: USDC Southern District of New York, Judge: Ramos, Filed On: March 25, 2024, Case #: 1:21cv7326, NOS: Other Contract - Contract, Categories: Corporations, Enforcement Of Judgments, Experts
J. Robertson grants the water district defendants' dismissal motion in this lawsuit brought by a real estate developer and a construction company asserting constitutional violations, as well as violations of the state's Rural Water, Sewer, Gas and Solid Waste Management Districts Act and its Public Competitive Bidding Act. The district has provided a rational basis for its policies "restricting developers from bidding on the water line installation," and the policy is not precluded. Accordingly, the developer's equal protection claim fails, and the court declines to exercise jurisdiction over the remaining state claims.
Court: USDC Eastern District of Oklahoma, Judge: Robertson, Filed On: March 25, 2024, Case #: 6:23cv72, NOS: Other Civil Rights - Civil Rights, Categories: Constitution, Real Estate, Jurisdiction
J. Chang partially grants a genetic screening company’s motion to dismiss fraud and negligence claims brought by a couple who used its services before having a child. The couple used the company’s prenatal genetic screening test to check if their child would have Down syndrome, and though the test returned a negative result, their child with born with Down syndrome anyway. The court dismisses the couple’s negligence claim against the company but allows their fraud claims to move forward.
Court: USDC Northern District of Illinois, Judge: Chang, Filed On: March 25, 2024, Case #: 1:21cv3085, NOS: Other Personal Injury - Torts - Personal Injury, Categories: Fraud, Health Care, Negligence
J. Huff dismisses the four mothers' claims that their religious beliefs prohibit them from vaccinating their children, so California's compulsory vaccination law requiring all students to receive vaccinations to attend school violates their rights under the Free Exercise Clause of the First Amendment. The law is neutral and its passage was not motivated by religious animosity. The state has an interest in protecting the health and safety of students and the public at large.
Court: USDC Southern District of California, Judge: Huff, Filed On: March 25, 2024, Case #: 3:23cv2012, NOS: Other Civil Rights - Civil Rights, Categories: Education, First Amendment
J. Winmill dismisses an individual's complaint that she was falsely detained, was extradited from her home and given a no-contact order for her children and that she is a trust beneficiary. The individual "requests restitution for false detainment, the return of her children, and property." She fails to state a state trust law claim, Hague Convention claim, does not support her constitutional claims and cannot bring a civil claim under the Hobbs Act. "It is difficult to ascertain the basis of [the individual's] complaint." She is granted leave to amend.
Court: USDC Idaho, Judge: Winmill, Filed On: March 25, 2024, Case #: 1:24cv93, NOS: All Other Real Property - Real Property, Categories: Civil Rights, Real Estate
J. Huffman finds the trial court erred in granting an insurer judgment on the pleadings on an insured's claim for Covid-19 business interruption coverage. Unlike most commercial property policies, the subject policy includes a virus endorsement that provides coverage for loss or damage caused by a virus, including the cost of removal. Further proceedings are need to develop facts and evidence about whether exclusions and conditions on the virus endorsement make it impermissibly illusory. Reversed.
Court: California Courts Of Appeal, Judge: Huffman, Filed On: March 25, 2024, Case #: D081132, Categories: Insurance, Covid-19
J. Goddard denies a monetization technology company's motion for summary judgment concerning a digital media's contract claims. The digital media company is a citizen of the foreign state of Canada and there is no citizen of any state on the technology company's side. "With aliens on both sides of the case, and no party with U.S. citizenship on Zeetogroup's side, the law is well-established that diversity jurisdiction cannot lie."
Court: USDC Southern District of California, Judge: Goddard, Filed On: March 25, 2024, Case #: 3:22cv1396, NOS: Other Contract - Contract, Categories: Jurisdiction, Contract
J. Baker grants the waste collection and disposal services’s company’s motion for summary judgment on employment discrimination claims brought by a female employee, finding she failed to support sufficient evidence that she suffered sexual harassment constituting an actionable hostile work environment, or that the company discriminated against her based on her age, or retaliated against her.
Court: USDC Southern District of Georgia, Judge: Baker, Filed On: March 25, 2024, Case #: 4:22cv156, NOS: Employment - Civil Rights, Categories: Employment Discrimination
J. Silva grants the Austrian and Indiana-based irrigation system manufacturer's motion to dismiss this trademark infringement suit. The Nevada-based irrigation systems manufacturer fails to allege it continuously or deliberately exploited the Nevada market by its use of a similar trademarked name at an irrigation association convention in Las Vegas.
Court: USDC Nevada, Judge: Silva , Filed On: March 25, 2024, Case #: 2:22cv232, NOS: Trademark - Property Rights, Categories: Agriculture, Trademark
J. Boardman grants a biotechnology firm’s motion to dismiss this RICO and fraud lawsuit that alleges the maker funneled kickbacks to pharmacies who referred patients to expensive medical services for patients with pulmonary arterial hypertension. United Healthcare has not plausibly alleged the scheme continued after January 2014, failed to plead the indirect purchasing rule and its mail and wire fraud allegations are not pleaded in detail. Therefore, the claims are time-barred and dismissed with prejudice.
Court: USDC Maryland, Judge: Boardman, Filed On: March 25, 2024, Case #: 8:22cv2948, NOS: Racketeer Influenced and Corrupt Organizations (RICO) - Other Suits, Categories: Fraud, Health Care, Racketeering
J. Burroughs denies a software company and two of its executives’ motion to dismiss a class action brought against them by a retirement trust for allegedly making false and misleading statements about demand for, and sales of, the company’s software. While forward-looking comments are not actionable, false statements made about the present are.
Court: USDC Massachusetts, Judge: Burroughs, Filed On: March 25, 2024, Case #: 1:22cv10321, NOS: Securities/Commodities/Exchange - Other Suits, Categories: Fraud, Securities, Class Action