752 results for 'nos:"Other Personal Injury - Torts - Personal Injury"'.
J. Biggs grants the federal government’s motion to dismiss tort allegations brought by an immigrant man who had temporary protected status when ICE arrested him. ICE agents pulled the man and his son over, citing issues with the man’s license plate. The details that followed are contested between the parties, but the man alleges he was falsely arrested and imprisoned in shackles for six or seven hours, then inexplicably let go a 25-minute drive from his vehicle. Thanks to an exception to the Federal Tort Claims Act, the ICE agents are immune from the suit.
Court: USDC Middle District of North Carolina, Judge: Biggs, Filed On: March 29, 2024, Case #: 1:22cv1008, NOS: Other Personal Injury - Torts - Personal Injury, Categories: Government, Immigration, Immunity
J. Eagles grants a hotel’s motion to dismiss personal injury claims brought by a guest after she slipped on water and broke her hip. The guest had reported to staff that water was collecting under the air conditioning unit in her room, but they failed to fix the unit. At night, the guest got up and slipped on the water, breaking her hip. As the injury happened on St. Maarten, and the parties agreed to litigate in St. Maarten, this court lacks jurisdiction over the action.
Court: USDC Middle District of North Carolina, Judge: Eagles, Filed On: March 29, 2024, Case #: 1:23cv1048, NOS: Other Personal Injury - Torts - Personal Injury, Categories: Negligence, Jurisdiction, Premises Liability
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J. Dale grants the county and sheriff's office's motion for attorney fees in a matter in which the court found that an individual's "counsel knowingly presented to the jury an inaccurate and incomplete portrayal of compensation tendered to and promised to be paid by Plaintiff to a critical witness... in connection with her trial testimony." The court found that this misconduct interfered with the county and sheriff's department's ability to fairly present their case. The parties later settled. The individual's "counsel acted recklessly in filing the motion to set aside the Court’s judgment of dismissal, thereby unreasonably and vexatiously multiplying the proceedings in this matter." The county and sheriff's office are awarded $14,273 in attorney fees.
Court: USDC Idaho, Judge: Dale, Filed On: March 29, 2024, Case #: 1:18cv550, NOS: Other Personal Injury - Torts - Personal Injury, Categories: Ada / Rehabilitation Act, Tort, Attorney Fees
J. Kobayashi partially dismisses part of a group of military families’ claims of negligence against the government for their mishandling of the Red Hill petroleum fuel leak. The part of the families’ claims accusing the Navy of failing to warn fall under a misrepresentation exception and is therefore barred. Claims about the Navy’s failure to remediate and failure to test the families’ homes also do not state factual evidence, though those claims may be amended.
Court: USDC Hawaii, Judge: Kobayashi, Filed On: March 28, 2024, Case #: 1:23cv457, NOS: Other Personal Injury - Torts - Personal Injury, Categories: Government, Water, Negligence
J. Lamberth grants default judgment to the family of a man stabbed by a Hamas militant in the West Bank in their suit against the Islamic Republic of Iran and the Syrian Arab Republic alleging that the two countries provided material support to Hamas. The family has sufficiently established that Hamas is responsible for their family member's murder, that the two countries have provided financial and material support to Hamas, and that this support falls under an exception to sovereign immunity for state sponsors of terrorism.
Court: USDC District of Columbia, Judge: Lamberth, Filed On: March 28, 2024, Case #: 1:20cv3492, NOS: Other Personal Injury - Torts - Personal Injury, Categories: International Law, Terrorism, Wrongful Death
J. Jackson denies an offshore oilfield worker’s request for remand of his slip-n-fall some three miles off the Louisiana coast in the Gulf of Mexico. The worker unsuccessfully argues removal of his suit from state court was improperly based on federal jurisdiction over the Outer Continental Shelf lands in the Gulf of Mexico. Although he argues he was off-duty when he fell, the worker would not have been injured “but-for” his employment on the platform, where the vessel was moored and engaged in oil and gas activities in federal waters.
Court: USDC Middle District of Louisiana, Judge: Jackson, Filed On: March 28, 2024, Case #: 3:20cv00250, NOS: Other Personal Injury - Torts - Personal Injury, Categories: Maritime, Tort, Jurisdiction
J. Crabtree grants a motel's motion for summary judgment concerning a guest's negligence claims over injuries she suffered when a stray bullet penetrated her toe from outside of a window at the hands of a gang member. The motel sufficiently showed in court that it does not owe the guest monetary damages based on the unforeseeable circumstances.
Court: USDC Kansas, Judge: Crabtree, Filed On: March 28, 2024, Case #: 2:21cv2552, NOS: Other Personal Injury - Torts - Personal Injury, Categories: Negligence
J. Menendez partially grants the healthcare provider's motion to dismiss the patient's proposed class action alleging that it improperly used the technology company Meta's tracking software to collect and transmit patients' data when they accessed its website. A claim under Minnesota's consumer fraud is dismissed, because the patient has failed to allege a misrepresentation connected to merchandise, and an invasion of privacy claim fails because, as alleged, any interception of the patient's data was Meta's, not the health care provider's. The patient has plausibly alleged claims under state and federal wiretap statutes, Minnesota deceptive trade practices and health records statutes, and for common law invasion of privacy and unjust enrichment.
Court: USDC Minnesota, Judge: Menendez, Filed On: March 28, 2024, Case #: 0:23cv440, NOS: Other Personal Injury - Torts - Personal Injury, Categories: Privacy, Class Action, Technology
J. Carreno-Coll grants American Airline's motion to dismiss. The Puerto Rican citizens purchased tickets to fly from Puerto Rico to Rome, Italy via a connection in Philadelphia, but were prevented from boarding the next flight for various reasons, including not having return tickets. The Montreal Convention preempts the federal and state law claims, and the Air Carriers Access Act does not provide for a private cause of action.
Court: USDC Puerto Rico, Judge: Carreno-Coll, Filed On: March 27, 2024, Case #: 3:23cv1306, NOS: Other Personal Injury - Torts - Personal Injury, Categories: International Law, Transportation, Contract
J. DeGravells denies a second request for summary judgment to Walmart, finding a shopper shows a genuine issue of material fact as to the store’s knowledge of a liquid in an aisle prior to her slip and fall accident. An employee-witness's contradictory statements, including whether the woman slipped on water or a reddish liquid resembling “congealed meat juice,” must be considered by a jury.
Court: USDC Middle District of Louisiana, Judge: DeGravelles, Filed On: March 27, 2024, Case #: 3:21cv488-, NOS: Other Personal Injury - Torts - Personal Injury, Categories: Employment, Jury, Discovery
J. Underhill grants Walmart's motion for summary judgment, ruling that although it had an easement and paid for maintenance expenses on the parking lot where the pothole was located, it was not the owner of the property and, therefore, cannot be held liable for the shopper's injuries.
Court: USDC Connecticut, Judge: Underhill, Filed On: March 27, 2024, Case #: 3:22cv408, NOS: Other Personal Injury - Torts - Personal Injury, Categories: Evidence, Premises Liability
J. Tunheim partially grants the healthcare provider's motion to dismiss the patient's putative class action alleging that it improperly shared personal information with the technology company Meta through its website. The patient's claims for violations of the Minnesota Uniform Deceptive Trade Practices Act and Minnesota Consumer Fraud Act and for unjust enrichment survive, since the patient has plausibly alleged that the healthcare provider deceived patients as to the extent of its use of patients' data and a failure to comply with HIPAA, that his proposed class action would serve a public benefit, and that the healthcare provider receives benefits from the use of his personal information. His intrusion on seclusion claim fails because he voluntarily provided his data to the healthcare provider, and he has not provided sufficiently specific examples of his use of the website to support a Minnesota Health Records Act claim. He has also not pleaded an unlawful interception of data under the Electronic Communications Privacy Act.
Court: USDC Minnesota, Judge: Tunheim, Filed On: March 26, 2024, Case #: 0:23cv482, NOS: Other Personal Injury - Torts - Personal Injury, Categories: Privacy, Class Action, Technology
J. Lewis grants the amusement parks' motion for summary judgment. The inspector whose hand was amputated during an inspection says park employees operated the apparatus at an unsafe speed during inspection, causing the amputation. The inspector has stated he was trained to touch a wire rope, but not told where to position himself, nor of a designated safe operating speed. The injured party has failed to establish duty of care and proximate cause for his negligence claim against the company.
Court: USDC South Carolina Aiken, Judge: Lewis, Filed On: March 25, 2024, Case #: 0:22cv1114, NOS: Other Personal Injury - Torts - Personal Injury, Categories: Tort, Negligence
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