1,044 results for 'cat:"Damages"'.
J. Eastbrook finds the lower court properly denied Smith and Wesson’s notice of removal in this matter involving the aftermath of a mass-shooting. A shooter opened fire into a crowd during an Independence Day parade, killing seven people and wounding 48 others. The shooter used a Smith and Wesson AR-15 style assault weapon, and the victims and their estates seek damages from the rifle manufacturer for its role in the sale and marketing of the weapon. Smith and Wesson argues the matter should be removed and heard in federal court because it involves multiple claims against them, some of which fall under federal law, but the instant court disagrees. What Smith and Wesson sees as multiple claims - the sale and advertising the sale of the weapon - the court sees as legal theory, and finds there is only one claim in the matter, that of the shooter firing into a crowd of people, and that Smith and Wesson is merely a party that may bear secondary liability. Affirmed.
Court: 7th Circuit, Judge: Eastbrook, Filed On: April 8, 2024, Case #: 23-2992, Categories: Tort, damages, Firearms
Per curiam, the Texas Supreme Court finds that the court of appeals improperly ruled in favor of a homeowner in a damages case he filed against the seller of his home. When the seller sought to initiate arbitration of the issue under the home purchase agreement, the homeowner argued that he could not be compelled to arbitrate because the cost would be unconscionable. The court of appeals held that the arbitration costs were excessive and unenforceable. As a matter of process, the homeowner should have raised the issue of costs with the arbitrator before continuing in the courts. Furthermore, the homeowner failed to show evidence of how the cost of arbitrating the issue was unreasonable but litigating the issue in court was less costly. Reversed.
Court: Texas Supreme Court, Judge: Per curiam, Filed On: April 5, 2024, Case #: 22-0830, Categories: Arbitration, damages, Contract
J. Palafox finds a lower court partially erred in entering no-evidence summary judgment against an injured passenger after she sued the driver of the vehicle she was in following an accident. The passenger has provided some evidence of causation, and for that reason the case should not have been thrown out entirely — though that passenger has “failed to produce more than a scintilla of evidence of her medical expenses and compensable mental anguish damages.” Reversed in part.
Court: Texas Courts of Appeals, Judge: Palafox, Filed On: April 4, 2024, Case #: 08-23-00221-CV, Categories: Vehicle, damages, Negligence
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J. McCalla determines how the funds should be paid in this interpleader case arising from an alleged arson fire and alleged theft at the House of Blues recording studio. One of the individual defendants, who leased a studio and certain equipment from the owner, should receive $2,066,217 of the Business Personal Property award, as his lease "did not terminate with the fire."
Court: USDC Western District of Tennessee , Judge: McCalla, Filed On: April 4, 2024, Case #: 2:20cv2834, NOS: Insurance - Contract, Categories: Insurance, Property, damages
J. Brown finds that the lower court properly denied the city's motion to dismiss plaintiffs' complaint seeking damages for inverse condemnation and alleging the city failed to maintain its sewer system. The municipal ante litem notice requirements are do not apply to the inverse condemnation claim. Affirmed.
Court: Georgia Court of Appeals, Judge: Brown, Filed On: April 1, 2024, Case #: A24A0019, Categories: damages
J. Milazzo grants requests by insurers and against property owners suing them for inadequate compensation related to hurricane damage claims, staying the litigation pending arbitration. Contrary to the litigants’ argument, the arbitration clause at issue in the insurance dispute is enforceable under the New York Convention and federal arbitration law. The property owners’ claims of breach of contract, breach of duty of and bad faith damages claims fall under the policy’s arbitration agreement.
Court: USDC Eastern District of Louisiana , Judge: Milazzo, Filed On: April 1, 2024, Case #: 2:23cv4258, NOS: Insurance - Contract, Categories: Arbitration, Property, damages
J. Milazzo denies requests by surplus line insurers to dismiss breach of contract claims and bad faith by a property owner alleging untimely and inadequate compensation for hurricane damage losses covered by the policy. Because the insurers fail to explain why dismissal of the suit, rather than a stay of proceedings, is warranted, the matter must be stayed pending resolution of arbitration proceedings.
Court: USDC Eastern District of Louisiana , Judge: Milazzo, Filed On: April 1, 2024, Case #: 2:22cv3780, NOS: Insurance - Contract, Categories: Arbitration, Civil Procedure, damages
J. Brennen grants, in part, the insurer’s motion for partial summary judgment on counterclaims brought by a business owner in this insurance dispute after a fire damaged his apartment building. The court holds that the owner is barred from the 12-month cap in coverage on the business income, notes he failed to submit additional building repair to the appraisal panel, says his claim for mortgage interest is unsupported, and rules the unpaid business income he requests is based on gross income, not net computation. The insurer's motion to strike an affidavit of the owners managing member and expert witness are denied because the motion is harmless.
Court: USDC Northern District of Ohio, Judge: Bennan, Filed On: March 30, 2024, Case #: 1:21cv1032, NOS: Insurance - Contract, Categories: Insurance, damages, Experts
J. Chen adopts a magistrate judge’s report and recommendation in full and enters partial default judgment against a landscaping and paving company, ruling it is liable for unpaid union benefit contributions. However, the court finds the pension funds request for damages to be excessive and directs it to renew its request with additional documentation to properly determine the amount the contractor ultimately owes.
Court: USDC Eastern District of New York, Judge: Chen, Filed On: March 30, 2024, Case #: 2:22cv5276, NOS: Employee Retirement Income Security Act (ERISA) - Labor, Categories: Erisa, damages, Labor / Unions
[Consolidated.] J. Chatigny finds that summary judgment is premature in a case in which detectives withheld exculpatory evidence in a criminal case that resulted in plaintiffs’ wrongful imprisonment. Plaintiffs’ claim rests on negligence of detectives and a narrow “identifiable person imminent harm” exception to discretionary immunity. Evidence related to the exception must be further reviewed. Defendant’s motion for summary judgment denied in part and granted in part.
Court: USDC Connecticut, Judge: Chatigny, Filed On: March 29, 2024, Case #: 3:18cv1502, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Immunity, damages
J. Johnson grants the employee's motion for liquidated damages and partly grants his motion for attorney fees after a jury verdict in his favor on a claim under the Fair Labor Standards Act. Because the employers' actions were willful, the employee is awarded $9,894 in liquidated damages. Also, after a reduction in the lodestar amount, he is awarded $19,805 in attorney fees.
Court: USDC Eastern District of Texas , Judge: Johnson, Filed On: March 28, 2024, Case #: 4:19cv626, NOS: Fair Labor Standards Act - Labor, Categories: damages, Labor
J. Summerhays refuses to dismiss punitive damages claims by a police officer who alleges the police chief violated his First Amendment rights by retaliating against him for warning the public about criminal activity at a Knights of Columbus Hall, managed by the chief’s personal friends. The chief placed him under investigation for a department violation when the off-duty officer used his personal Facebook page to warn the public that there would be a shooting at the local KC Hall, which in fact occurred hours later. The officer’s allegations satisfy the requirements for penalty damages.
Court: USDC Western District of Louisiana , Judge: Summerhays, Filed On: March 28, 2024, Case #: 6:20cv1063, NOS: Other Civil Rights - Civil Rights, Categories: Constitution, damages, Police Misconduct
J. Dick affirms a bankruptcy court ruling a “mom and pop” repair company proved its exception to the Chapter 13 protection of a homeowner, who converted a final payment of insurance proceeds for flood damage to his own use, causing substantial damage to the contractor. The contractor testified he was forced into personal debt from neck surgery after the homeowner failed to pay him. The homeowner “knowingly breached his clear contractual obligation to pay” the contractor when he kept the final check. Affirmed.
Court: USDC Middle District of Louisiana, Judge: Dick, Filed On: March 28, 2024, Case #: 3:23cv625, NOS: Bankruptcy Appeal 28 USC 158 - Bankruptcy, Categories: Bankruptcy, Construction, damages
[Consolidated.] J. Moore grants the National Labor Relations Board's motion to enforce an order requiring the employer to provide back pay to two employees fired after they supported unionization efforts, ruling both employees made concerted efforts to reenter the workforce after they lost their jobs, which prevents a reduction of their damages. Affirmed.
Court: 6th Circuit, Judge: Moore, Filed On: March 28, 2024, Case #: 23-1632, Categories: Evidence, damages, Labor / Unions
J. Hanks finds that an electric golf cart company using the name Trojan, which is registered trademark of a battery company, has infringed on the battery company’s trademark, so the court awards it over $9 million in infringer profits. The battery company has shown evidence that customers do confuse the two separate products.
Court: USDC Southern District of Texas, Judge: Hanks, Filed On: March 28, 2024, Case #: 4:21cv3075, NOS: Trademark - Property Rights, Categories: Civil Procedure, Trademark, damages
J. Snyder grants a photographer's motion for default judgment in a copyright infringement dispute with a real estate services company. The photographer alleges that the company used one of her photos without permission and without credit. The photographer sent a cease and desist letter, but the company did not respond. The photographer has sufficiently alleged copyright infringement. The photographer is awarded $22,000 in statutory damages and $1512 in costs.
Court: USDC Central District of California, Judge: Snyder, Filed On: March 28, 2024, Case #: 2:23cv5528, NOS: Copyrights - Property Rights, Categories: Copyright, damages