181 results for 'filedAt:"2023-11-09"'.
J. Kunselman finds that the lower court properly entered judgment in favor of an eye doctor in this personal injury suit alleging he blinded a patient’s right eye by improperly injecting fluid into it. The patient failed to establish that the court abused its discretion by barring one of her experts from testifying at the jury trial. Affirmed.
Court: Pennsylvania Superior Court, Judge: Kunselman, Filed On: November 9, 2023, Case #: J-A18034-23, Categories: Tort, Experts, Medical Malpractice
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J. Lanier finds that the trial court improperly dismissed the condominium resident's claims against the insurer stemming from an attack by her neighbor's dog. Based on the evidence, it was reasonable to interpret the policy as providing coverage for the claims. Reversed.
Court: Louisiana Court Of Appeal, Judge: Lanier, Filed On: November 9, 2023, Case #: 2023CA0343, Categories: Insurance, Negligence
J. Engelhardt finds the district court properly dismissed the county employee’s civil rights complaint against the county arising on allegations of having been fired after making sexual assault complaints against a county judge. The county is only liable for the actions of its employees when an official policy or custom causes the injury. The judge lacked the requisite policymaking authority to hold the county liable for his alleged sexual misconduct. Affirmed.
Court: 5th Circuit, Judge: Engelhardt, Filed On: November 9, 2023, Case #: 22-50918, Categories: Employment, Immunity, Employment Retaliation
J. Sullivan finds for the Army Corps of Engineers on the state of Alabama’s challenge to the corps' updated master water control manual, which governs management of certain dams and reservoirs in the Alabama-Coosa-Tallapoosa River Basin. The state fails to show the manual violates the Clean Water Act, the Administrative Procedure Act or the National Environmental Protection Act.
Court: USDC District of Columbia, Judge: Sullivan, Filed On: November 9, 2023, Case #: 1:15cv696, NOS: Administrative Procedure Act/Review or Appeal of Agency Decision - Other Suits, Categories: Administrative Law, Environment, Water
J. Hoyt grants a preliminary injunction to a strip club on its constitutional challenges to the state comptroller’s $10 Sexually Oriented Business Fee, which requires inspections, audits and that businesses keep a record of how many customers are admitted to the establishment on a daily basis. The club has shown it is likely to succeed on the merits of its First and Fourteenth Amendment claims, and it will suffer irreparable harm without an injunction.
Court: USDC Southern District of Texas, Judge: Hoyt, Filed On: November 9, 2023, Case #: 4:23cv3131, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Constitution, First Amendment
J. Navarro dismisses this racial discrimination suit brought by the former Domino’s employee. After Domino’s motion to compel was granted due to the employee’s failure to respond, the court granted his motion to reconsider when he explained that the website used for filings (PACER) did not provide a response deadline. An included screenshot was shown to have been falsified. The employee has repeatedly submitted falsified evidence and offered misrepresentations when asked to explain.
Court: USDC Nevada, Judge: Navarro, Filed On: November 9, 2023, Case #: 2:22cv784, NOS: Other Civil Rights - Civil Rights, Categories: Sanctions, Employment Discrimination
J. Du grants the government’s motion to dismiss this suit brought by the Indian Tribes seeking to block construction of a lithium mine near Thacker Pass, Nevada. The tribes say that a certain clause in the plan of operations shows that the Bureau of Land Management authorized violations by not terminating the mining company’s prior permits when its record of decision was issued, which is not plausible. Without any violation of the plan, the land management claim is implausible, though the tribes are granted leave to amend.
Court: USDC Nevada, Judge: Du, Filed On: November 9, 2023, Case #: 3:23cv70, NOS: Administrative Procedure Act/Review or Appeal of Agency Decision - Other Suits, Categories: Environment, Government, Native Americans
J. Hudson, on review, grants the Masonic Lodge’s motion to dismiss the lodge member’s appeal of the circuit court’s dismissal of his complaint against it for failure to file a complete record. The lodge member seeks a writ of certiorari to complete the record. The court reporter’s statement as to the hearing’s being “short” did not indicate that she could prepare the transcript within 90 days. The reference was to the expected cost for the transcript, not the time it would take her to prepare it. This does not concur with the lodge member’s argument that an extension was unavailable because his ethical obligations prevented him from requesting one. He failed to obtain an extension or to demonstrate that he was unable to do so. The appeals court order is vacated. The lodge member’s motion for writ of certiorari to complete the record is denied. The lodge’s motion to dismiss the appeal is granted.
Court: Arkansas Supreme Court, Judge: Hudson, Filed On: November 9, 2023, Case #: CV-22-600, Categories: Evidence, Due Process
J. Arnold finds a lower court properly dismissed Lufthansa's patent claims against an electronic systems manufacturer. Lufthansa argued that the systems manufacturer infringed on its patented a voltage component that connects electrical devices aircraft passengers. However, Lufthansa failed to file its claims within the statutory time period. Affirmed.
Court: Her Majesty's Court of Appeal, Judge: Arnold, Filed On: November 9, 2023, Case #: CA-2023-1045, Categories: Civil Procedure, Patent
J. Clay finds the lower court properly dismissed the nursing student's disability discrimination claims. The hospital's decision to revoke an accommodation that allowed the student to bring her service dog on clinical rotations was made after several patients and employees experienced several allergic reactions, not because of the student's disability. Additionally, the hospital was unable to move the student to another floor because of the locations of her supervisor and staffing shortages caused by the Covid-19 pandemic; therefore, its refusal to craft an accommodation that would have allowed the dog to accompany the student was not a violation of the ADA. Affirmed.
Court: 6th Circuit, Judge: Clay, Filed On: November 9, 2023, Case #: 23-1162, Categories: Ada / Rehabilitation Act, Employment Discrimination
J. Fridy finds that the lower court improperly permitted the mother to relocate with the child to Georgia and modified the father's visitation in this dispute between two parents following their divorce. The trial court erred by admitting certain exhibits, which "contained inadmissible hearsay," and the error was not harmless. Contrary to the mother's argument, the exhibits were not cumulative of other testimony. Accordingly, the matter is remanded for further proceedings. Reversed.
Court: Alabama Court of Civil Appeals, Judge: Fridy, Filed On: November 9, 2023, Case #: CL-2022-1265, Categories: Civil Procedure, Evidence, Family Law
J. Ramos denies the defendant mortgage loan business's motion to dismiss breach of contract claims stemming from a business line of credit extended by the plaintiff financier on which it defaulted, owing $10 million in principal plus $720,000 in interest. The contract between the parties detailing the terms of the credit line is valid, and the lender proved that the business failed to pay its outstanding debt for more than six months.
Court: USDC Southern District of New York, Judge: Ramos, Filed On: November 9, 2023, Case #: 1:22cv10084, NOS: Other Contract - Contract, Categories: Banking / Lending, Contract
J. Fridy finds that the lower court improperly awarded the wife alimony and divided the marital property in this divorce action, but properly invalidated the parties' postnuptial agreement. The lower court did not make the required findings in awarding the wife alimony. However, the record sufficiently supports a finding that the postnuptial agreement was invalid. Reversed in part.
Court: Alabama Court of Civil Appeals, Judge: Fridy, Filed On: November 9, 2023, Case #: CL-2022-1230, Categories: Evidence, Family Law
J. Orme finds that the trial court properly ruled that an insurer had canceled an automotive policy prior to an accident. The insured failed to timely or fully pay the premium before the accident, the insurer mailed a notice of cancellation within 10 days of the cancellation date, and the insurer's acceptance of a timely partial payment did not serve to waive its right to cancel. The trial court was also right that the insurer's duty to defend was not extinguished until the trial court determined the policy had been properly canceled. However, because of the failure to take on the insured's defense, the insurer must pay the original damages award. Reversed in part.
Court: Utah Court Of Appeals, Judge: Orme, Filed On: November 9, 2023, Case #: 20180699-CA, Categories: Insurance, Damages
J. Woodcock grants in part the government’s motion for partial summary judgment against a man, for federal income tax liabilities. The man owes the government $255,319.79.
Court: USDC Maine, Judge: Woodcock, Filed On: November 9, 2023, Case #: 2:22cv373, NOS: Taxes (U.S. Plaintiff or Defendant) - Federal Tax Suits, Categories: Tax, Enforcement Of Judgments, Federalism
J. Simon denies FedEx summary judgment as to the sales representative's age discrimination claim alleging that FedEx fired her because she is 65 years old. The sales representative presents sufficient circumstantial evidence of age discrimination, which includes how FedEx fired her in favor of a 26-year-old candidate and that the regional managing director “often spoke about how FedEx’s pension plans for older employees cost the company a lot of money.”
Court: USDC Oregon, Judge: Simon, Filed On: November 9, 2023, Case #: 3:22cv1217, NOS: Employment - Civil Rights, Categories: Employment, Evidence, Employment Discrimination
J. Kuo declines to issue sanctions against a Southeast Asian broadcasting company for deleting an investor’s corporate email account, as well as for failing to preserve the hard drive of an accountant’s computer after it had crashed and for later allegedly altering financial documents after they were provided through other means. The investor alleges the company refuses to acknowledge his 50% interest, which he was supposed to receive in exchange for a $2 million investment. Google, the company’s email service provider, restored a significant portion of the relevant emails upon receiving a subpoena, and the employee fails to prove any information in the financial documents were altered.
Court: USDC Eastern District of New York, Judge: Kuo, Filed On: November 9, 2023, Case #: 1:19cv4216, NOS: Racketeer Influenced and Corrupt Organizations (RICO) - Other Suits, Categories: Evidence, Sanctions
J. Eisnaugle finds the post-conviction court improperly denied in its entirety defendant's motion alleging newly discovered evidence pertaining to his 1991 conviction of first-degree murder and armed robbery. The affidavit alleging the new evidence, which holds that the affiant saw defendant at a "skate arena" at the time of the murder, is not "inherently incredible" just because it recalls details from more than 30 years ago, as the passage of time alone does not necessarily make new evidence unreliable. The post-conviction court is reversed on this ground, affirmed on all other grounds, and the case is remanded for further proceedings. Reversed in part.
Court: Florida Courts Of Appeal, Judge: Eisnaugle, Filed On: November 9, 2023, Case #: 23-1422, Categories: Evidence, Murder