98 results for 'filedAt:"2024-04-02"'.
J. Baker finds that the trial court properly allowed an investment fund to first plead its affirmative defense of judicial estoppel on an investor's malicious prosecution claim after the pretrial deadline. However, it was error to grant the fund's motion for summary judgment since the investor's claim did not accrue until an underlying federal bankruptcy suit was dismissed and the claim was assigned to the investor. Reversed.
Court: Montana Supreme Court, Judge: Baker, Filed On: April 2, 2024, Case #: DA 23-0246, Categories: Bankruptcy, Civil Procedure, Malicious Prosecution
J. Massa finds that the trial court properly ruled in negligence claims concerning spoiled evidence because the insurance company failed to demonstrate defendant had a duty to preserve a dehydrator as potential trial evidence. Affirmed.
Court: Indiana Supreme Court, Judge: Massa, Filed On: April 2, 2024, Case #: 23S-CT-272, Categories: Evidence, Negligence
J. Urbanski denies the university's motion to dismiss due process claims. A Ph.D candidate claimed his male supervisor routinely discriminated against him because the supervisor preferred women he could attempt to seduce. The supervisor received a grant from research the candidate did in his lab but instead of giving the research stipend to the male candidate he gave it to a female candidate he was supposedly in a romantic relationship with. The male candidate claims that after he reported the supervisor's actions the supervisor began a retaliation campaign consisting of harsh work assignments and creating a hostile lab environment. During this time the male candidate was accused of sexual assault by a classmate who the male candidate claims did not seek to pursue the candidate's dismissal from the university until the supervisor influenced her to do so. The process moved quickly and the university, supposedly under the supervisor's tutelage, refused to give the male candidate an extension for collecting evidence to defend himself from the accusation.
Court: USDC Western District of Virginia, Judge: Urbanski, Filed On: April 2, 2024, Case #: 7:21cv378, Categories: Education, Due Process, Employment Retaliation
Want access to unlimited case records and advanced research tools? Create your free CasePortal account now. No credit card required to register.
Try CasePortal for Free
J. Urbanksi grants the corporation a motion to dismiss. A cybersecurity expert hired by the corporation to head their apprentice program claims the corporation created a coverup to fire him for voicing ethical concerns regarding the apprentices. The expert told the corporation that he believed their practice of classifying the apprentices as contractors rather than employees is illegal. The expert fails to state a claim because Maryland has refused to recognize a cause of action for wrongful discharge where an employee is discharged after he complains internally of suspected wrongdoing without elevating his concerns to law enforcement.
Court: USDC Western District of Virginia, Judge: Urbanski, Filed On: April 2, 2024, Case #: 5:22cv7, Categories: Employment, Whistleblowers, Employment Retaliation
J. Dillon grants the agency's requested remedies. The agency successfully argued that the loan company, which sells immigration bonds for indigent consumers facing deportation, misled consumers to believe they had paid cash bonds, that they owed the company a debt in the amount of cash bonds, and that the consumer's monthly payments paid down that debt.
Court: USDC Western District of Virginia, Judge: Dillon, Filed On: April 2, 2024, Case #: 5:21cv16, Categories: Immigration, Consumer Law, Banking / Lending