153 results for 'filedAt:"2024-03-01"'.
J. Miller finds that the trial court improperly awarded $110,000 in loss of use damages to a homeowner in a negligence, fraud and breach of contract action against a specialty window seller. The homeowner alleges that her decks were demolished, her sunroom was not completed and the windows were not delivered. The trial court incorrectly calculated the damages. However, the trial court otherwise ruled properly in favor of the homeowner. There was sufficient evidence to allow the trial court to exercise personal jurisdiction over the window seller, including evidence showing that the seller transacted business in Georgia through its retention of an Atlanta-area agent. Reversed in part.
Court: Georgia Court of Appeals, Judge: Miller, Filed On: March 1, 2024, Case #: A23A1262, Categories: Damages, Contract
J. Lopez denies an energy company's motion to compel arbitration concerning sexual assault claims brought by a laborer against a superintendent, which allegedly resulted in her termination after she filed a complaint. Although the employee does not dispute the existence of a signed arbitration agreement, she sufficiently argues that the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act bars arbitration of her dispute.
Court: USDC Southern District of California, Judge: Lopez, Filed On: March 1, 2024, Case #: 3:23cv653, NOS: Employment - Civil Rights, Categories: Arbitration, Employment
J. Drozd grants, in part, a bank’s motion to compel arbitration on a former worker’s wage and employment discrimination claims. The worker's minimum wage, meal break, wage statement, overtime and expense-related claims are covered by the parties' arbitration agreement.
Court: USDC Eastern District of California, Judge: Drozd, Filed On: March 1, 2024, Case #: 2:22cv2320, NOS: Other Labor Litigation - Labor, Categories: Arbitration, Labor
Per curiam, the court of civil appeals finds that this appeal must be dismissed as being taken from a nonfinal judgment. The judgment terminated the parental rights of the mother and the father, but it did not contain a "provision continuing permanent custody of the child with the paternal grandparents or issuing a new award of permanent custody to them." Accordingly, the judgment will not support an appeal.
Court: Alabama Court of Civil Appeals, Judge: Per curiam, Filed On: March 1, 2024, Case #: CL-2023-0198, Categories: Civil Procedure, Family Law
J. Ohta grants the parents' motion for partial summary judgment concerning claims that the county violated their parental rights by forcing their children to undergo "invasive examinations" while in protective custody. The parents had a constitutional right to participate in their children's medical treatment while they were in the county's custody and did not consent to their children being vaccinated and subjected to forensic medical examinations.
Court: USDC Southern District of California, Judge: Ohta, Filed On: March 1, 2024, Case #: 3:21cv1102, NOS: Other Civil Rights - Civil Rights, Categories: Constitution, Family Law
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J. Currault grants summary judgment to the Secretary of the Army, dismissing an engineering technician’s Title VII employment claims of sex, religion, age, and disability discrimination and complaints of a hostile work environment. The Corps of Engineers has presented substantial evidence, including sworn declarations of the technician’s supervisors, coworkers and HR representatives, that undermine her allegations. The technician failed to come forward with any evidence in response.
Court: USDC Eastern District of Louisiana , Judge: Currault, Filed On: March 1, 2024, Case #: 2:22cv3333, NOS: Federal Employers’ Liability - Torts - Personal Injury, Categories: Employment, Evidence, Government
[Consolidated.] J. Gilson finds that the trial court properly dismissed claims contending pharmaceutical companies used free nurse and reimbursement support services to market drugs in order to submit inflated Medicare and Medicaid claims because the health centers lacked standing to act as relators, and the claims are nearly identical to similar federal complaints filed in Texas. Affirmed.
Court: New Jersey Appellate Division, Judge: Gilson , Filed On: March 1, 2024, Case #: A-2731-20, Categories: Medicaid, Medicare, False Claims
J. Wright grants an estate planner motion to transfer this contract dispute to Maryland federal court. The factor of convenience and justice for witnesses, familiarity with the governing law, litigation cost and compulsory process favors the transfer. Therefore, all dates and deadlines shall be vacated, and the clerk of court shall transfer the case.
Court: USDC Maryland, Judge: Wright, Filed On: March 1, 2024, Case #: 1:24cv625, NOS: Other Contract - Contract, Categories: Venue, Contract
J. Deahl upholds the trial court's refusal to grant the 68-year-old defendant, who is serving a 17-year sentence for voluntary manslaughter while armed and related convictions, compassionate release. Defendant failed to show he is not dangerous. Affirmed.
Court: DC Court of Appeals, Judge: Deahl, Filed On: March 1, 2024, Case #: 23-CO-0409 , Categories: Sentencing, Manslaughter
J. van Cleef finds that the trial court improperly granted default judgment against the mother and appointed the paternal grandparents as sole managing conservators of the children. Service on the mother was defective since the individual who attempted service was the attorney for the grandparents, and she was not authorized under the rules of civil procedure to serve process. Reversed.
Court: Texas Courts of Appeals, Judge: van Cleef, Filed On: March 1, 2024, Case #: 06-23-00067-CV, Categories: Civil Procedure, Family Law
J. Mazzant denies the gun owner's motion to reconsider and modify a judgment in a challenge to an ATF final rule that establishes criteria used to determine whether stabilizing braces convert pistols into short-barreled rifles that are fired from the shoulder. The gun owner is not entitled to a preliminary injunction since he has not shown a substantial likelihood he will succeed on his claims, including that the rule violates the Second Amendment. Also, he is not likely to suffer irreparable harm because the rule is currently stayed nationwide.
Court: USDC Eastern District of Texas , Judge: Mazzant, Filed On: March 1, 2024, Case #: 4:23cv80, NOS: Administrative Procedure Act/Review or Appeal of Agency Decision - Other Suits, Categories: Administrative Law, Constitution, Firearms
J. Jordan partly grants the defendant company's post-trial motions in a suit brought by former employees alleging race discrimination and retaliation stemming from alleged disparate treatment that Black employees faced. The jury ruled in favor of all the former employees and awarded each of them $7 million in total damages. The company's motion for judgment as a matter of law is granted as to all of the former employees' race discrimination claims since the evidence was insufficient to support the jury's verdict. The verdict as to the company's liability and the employees' damages "is so contrary to the evidence as to evince bias and prejudice on the part of the jury... The damages awarded are patently nonsensical."
Court: USDC Eastern District of Texas , Judge: Jordan, Filed On: March 1, 2024, Case #: 4:19cv905, NOS: Employment - Civil Rights, Categories: Civil Procedure, Civil Rights, Employment Discrimination
J. Campbell partially grants the metro defendants' dismissal motion in this lawsuit asserting claims for excessive force and negligence in connection with an incident in which an individual experiencing "a mental health crisis" was allegedly shot by police officers with a Taser and a gun, resulting in personal injuries. The defendant police officers are entitled to qualified immunity on the excessive force claim. The constitutional claim against the metropolitan government will not be dismissed, however.
Court: USDC Middle District of Tennessee , Judge: Campbell, Filed On: March 1, 2024, Case #: 3:22cv173, NOS: Civil Rights - Habeas Corpus, Categories: Civil Rights, Immunity
J. Trauger grants the defendant plan administrators' motion for judgment on the administrative record in this dispute over early retirement benefits. The administrators' decision to deny benefits based on the worker's "failure to show that he was retired under the Plan, despite their failure to articulate a legitimate rationale, was not arbitrary and capricious."
Court: USDC Middle District of Tennessee , Judge: Trauger, Filed On: March 1, 2024, Case #: 3:21cv757, NOS: Other Contract - Contract, Categories: Employment, Erisa, Labor / Unions
J. Huddle finds that the court of appeals properly ruled in favor of a Catholic bishop in a damages case filed against him by a construction company after a former employee allegedly stole resources to renovate the bishop’s home. The bishop sought to enter into a settlement credit following a jury verdict that awarded the company damages. Despite the company’s claims against the credit, the evidence shows that the bishop is entitled to one, thus rendering a take-nothing judgment for the company. Affirmed.
Court: Texas Supreme Court, Judge: Huddle, Filed On: March 1, 2024, Case #: 22-0168, Categories: Property, Settlements, Damages
J. Devine finds that the court of appeals properly ruled in favor of a husband who argued that the trial court failed to fully resolve the divorce proceedings before his wife's death. An email sent from the court to the parties' counsel was not a “public announcement,” making it an “ineffective rendition.” Without a proper announcement rendering judgment, the matter of the couple’s divorce was unresolved at the time of the wife’s death. Affirmed.
Court: Texas Supreme Court, Judge: Devine, Filed On: March 1, 2024, Case #: 22-0242, Categories: Civil Procedure, Family Law
J. Funke finds the Commission of Industrial Relations improperly clarified that corrections unit case managers are included in the protective services bargaining unit. As the bargaining representative for the unit, the police lodge sought clarification after the role of bargaining representative was changed from the association of public employees to the lodge. As supervisors, case managers are excluded from the bargaining unit under the Industrial Relations Act. The commission did not make any findings of fact before effectively giving preclusive effect to the order changing the representative. Reversed.
Court: Nebraska Supreme Court, Judge: Funke , Filed On: March 1, 2024, Case #: S-22-748, Categories: Administrative Law, Civil Procedure, Labor / Unions
J. Bright finds that while the lower court erroneously refused to consider the merits of the inmate's ineffective assistance claim contained in his petition for a writ of habeas corpus, its decision to deny the writ was nevertheless correct as the prosecution's failure to disclose a complete copy of notes taken by a detective did not prejudice the inmate or alter the outcome of the trial. Although a complete copy of the notes indicated a different number of girls on the premises the day the inmate assaulted the victim when compared to the victim's testimony, the discrepancy was unimportant and, furthermore, the inmate's attorney was able to achieve the desired impeachment result through cross-examination of the detective, regardless of the notes. Affirmed.
Court: Connecticut Court Of Appeals, Judge: Bright, Filed On: March 1, 2024, Case #: AC45422, Categories: Habeas, Ineffective Assistance, Sex Offender
J. Gordon grants the Department of Veterans Affairs' motion for summary judgment as to the patient's medical malpractice claim. The patient alleges the VA's medical provider negligently performed non-emergency invasive sinus surgery without his informed consent. The VA's liability under the Federal Tort Claims Act is determined by state law. The surgery was performed in Alabama, and malpractice claims based on alleged surgical negligence are barred by Alabama’s four-year statute of repose. The VA’s motion did not address allegations its provider also negligently failed to diagnose the patient's post-procedure nerve damage and, therefore, that claim remains pending.
Court: USDC Nevada, Judge: Gordon , Filed On: March 1, 2024, Case #: 2:22cv1823, NOS: Other Statutory Actions - Other Suits, Categories: Health Care, Veterans, Medical Malpractice
J. Douglas finds the district court properly convicted defendant, by guilty plea, for conspiracy to possess with intent to distribute 50 grams or more of meth. The court also denied defendant habeas relief for his argument that trial and appellate counsel were ineffective for failing to object to the purity of meth attributed to him. That defendant was accountable for a certain amount of the drug by weight makes his evidentiary argument meritless. The court would have adopted the same guideline range and imposed the same sentence even if the drug purity objection had been made. Affirmed.
Court: 5th Circuit, Judge: Douglas , Filed On: March 1, 2024, Case #: 22-51046, Categories: Drug Offender, Evidence, Ineffective Assistance
J. Navarro grants the winery's motion to dismiss stockholders' claims the winery committed securities fraud, which caused the value of its stocks to decline. The new company, just months after going public, disclosed material internal accounting failures and then hired a CFO with public company experience along with more accounting staff. The stockholders make no particularized allegations the winery was intentionally fabricating accountings, knew it was violating accounting principles or was deliberately reckless in not investigating inventory.
Court: USDC Nevada, Judge: Navarro , Filed On: March 1, 2024, Case #: 2:22cv1915, NOS: Securities/Commodities/Exchange - Other Suits, Categories: Securities, Accounting Malpractice, Business Practices
J. Lambert finds that defendant was properly denied an application to vacate and expunge his felony conviction for murdering his parents after he received a commutation and full gubernatorial pardon of his life sentence in 2019 because the public has a right to know of the execution-style murder defendant admitted committing during trial. Affirmed.
Court: Kentucky Court Of Appeals, Judge: Lambert, Filed On: March 1, 2024, Case #: 2022-CA-0368-MR, Categories: Murder
J. Underhill grants the patentholder's motion for a preliminary injunction, ruling that because the infringing company and its owners have yet to make any payments on a $17 million judgment entered more than five years ago, the patentholder will likely never recover the judgment and will suffer irreparable harm without an injunction to prevent the fraudulent transfer of any remaining assets.
Court: USDC Connecticut, Judge: Underhill, Filed On: March 1, 2024, Case #: 3:22cv840, NOS: Other Fraud - Torts - Personal Property, Categories: Fraud, Settlements, Injunction
J. Underhill denies the motion to dismiss filed by the company that infringed on the flood prevention device patent, ruling allegations made by the patentholder regarding the company's owners and family members transferring their ownership interests after they became aware of litigation are sufficient to prove fraudulent intent and allow fraudulent transfer claims to proceed.
Court: USDC Connecticut, Judge: Underhill, Filed On: March 1, 2024, Case #: 3:22cv840, NOS: Other Fraud - Torts - Personal Property, Categories: Fraud, Patent
J. Fouratt grants, in part, the consumer's motion to compel, ruling that because the telemarketing company failed to provide a representative who had knowledge of the topics outlined in the deposition, he will be allowed to conduct a second, limited deposition of another employee who has knowledge of the relevant topics.
Court: USDC New Mexico, Judge: Fouratt, Filed On: March 1, 2024, Case #: 2:22cv360, NOS: Telephone Consumer Protection Act (TCPA) - Other Suits, Categories: Civil Procedure, Consumer Law, Discovery
J. Adams denies the city's motion to alter its consent decree with the Environmental Protection Agency, ruling that while its proposed amendment to allow overflow of 100 million gallons of untreated sewage into the Cuyahoga Valley National Park is significantly less than the amount of overflow at the time the decree was established, it does not amount to a de minimis impact on the watershed and surrounding area. Additionally, the increase in treatment costs from $56 million to $209 million is not a significant change in circumstances that allows for an adjustment in the consent decree because the city provided no evidence to explain the cost increase and relied on outdated treatment data when it submitted cost predictions.
Court: USDC Northern District of Ohio, Judge: Adams, Filed On: March 1, 2024, Case #: 5:09cv272, NOS: Environmental Matters - Other Suits, Categories: Environment, Evidence, Water