194 results for 'filedAt:"2024-03-15"'.
J. Lambert finds the trial court properly granted summary judgment to the foundation services company and others being sued by the citizen, and its summary judgment rulings are affirmed without discussion. There is no jurisdiction to hear the citizen's appeal of the trial court's nonfinal order denying her leave to amend her second amended complaint, so that portion of the appeal is dismissed. Affirmed in part.
Court: Florida Courts Of Appeal, Judge: Lambert, Filed On: March 15, 2024, Case #: 22-2558, Categories: Jurisdiction, Contract
J. Coulson recommends granting in part a home medical company’s motion for default judgment in this counterclaim contract dispute brought by a supply company. The counterclaim for breach of contract should be granted for liability against the supply company. However, the claims for negligent or intentional misrepresentation and promissory estoppel should be denied. It is also recommended that the medical company be awarded over $2.7 million in damages for the actual profits for the sale of medical gowns.
Court: USDC Maryland, Judge: Coulson, Filed On: March 15, 2024, Case #: 1:20cv2479, NOS: Other Contract - Contract, Categories: Damages, Contract
J. Barrett finds that the circuit court improperly ruled in claims brought against an elected official who censored comments on his social media pages. The case is remanded for the court to determine if the specific posts had been made in an official or personal capacity. Reversed.
Court: US Supreme Court, Judge: Barrett, Filed On: March 15, 2024, Case #: 22-611, Categories: Government
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J. Moore finds that the lower court improperly terminated the mother's parental rights to her child. The evidence does not sufficiently show that she abandoned the child or that she failed to provide for the child's needs, as she maintained custody "until DHR intervened" due to an alleged substance abuse problem and she exercised her right to visitation. The matter is remanded, and the lower court is directed to vacate its abandonment finding, as well as the finding that she "failed to provide for the material needs of the child." Reversed.
Court: Alabama Court of Civil Appeals, Judge: Moore, Filed On: March 15, 2024, Case #: CL-2023-0517, Categories: Civil Procedure, Family Law
J. Martinez mostly declines to dismiss the consumers' complaint alleging that Amazon overcharged them by claiming that it sold them digital content when Amazon was actually only licensing the digital content. The consumers have sufficiently alleged that they were injured by overpaying for a purchase they would not have paid for if they knew they were only purchasing a limited license. Furthermore, Amazon's use of the word "buy" regarding the digital content could be materially misleading to a reasonable consumer.
Court: USDC Western District of Washington, Judge: Martinez, Filed On: March 15, 2024, Case #: 2:22cv401, NOS: All Other Real Property - Real Property, Categories: Fraud, Consumer Law, Contract
J. Richardson finds the lower court properly classified the gang member's attempted murder in aid of racketeering activity as a crime of violence. The gang member argued that the Supreme Court's decision in U.S. v. Taylor created a dramatic change in what constitutes a crime of violence when it held that attempted Hobbs Act robbery isn’t such an offense. Taylor simply held that attempted Hobbs Act robbery isn’t a crime of violence because Hobbs Act robbery can be committed without the use of force. Murder, by contrast, requires the use of force. So, attempted murder necessarily requires the attempted use of force and fits cleanly within the definition of a crime of violence. Affirmed.
Court: 4th Circuit, Judge: Richardson, Filed On: March 15, 2024, Case #: 22-4147, Categories: Murder, Racketeering, Gangs
J. Chhabria allows some narrow negligence and product liability claims to proceed against Apple in a complaint alleging that its AirTag products do not have enough safeguards against stalkers. A handful of stalking victims have properly alleged at this early stage that when they were being stalked by people using AirTags, problems with the AirTags' safety features led to their injuries. Apple's argument that California law does not require the company to be more proactive in protecting users from stalkers can be made at a later stage.
Court: USDC Northern District of California, Judge: Chhabria, Filed On: March 15, 2024, Case #: 3:22cv7668, NOS: Other Statutory Actions - Other Suits, Categories: Privacy, Product Liability
J. Kobayashi dismisses a complaint by a formerly jailed man against a state doctor who he says did not verify his identity when he was wrongfully arrested and detained for several years on a warrant issued for a different name. Although the doctor could have checked hospital records years before — when the man had expressed he was not the same person from the warrant — and contributed to his release, the doctor has qualified immunity as she was not a detective or police officer immediately involved with investigating his case.
Court: USDC Hawaii, Judge: Kobayashi, Filed On: March 15, 2024, Case #: 1:21cv456, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Immunity
J. Scudder certifies a question to the Delaware Supreme Court regarding whether last year's ruling in Cantor Fitzgerald v. Ainslie precludes reviewing forfeiture-for-competition provisions for reasonableness in circumstances outside the limited partnership context, and whether it applies in circumstances with unsophisticated parties in a clawback situation.
Court: 7th Circuit, Judge: Scudder, Filed On: March 15, 2024, Case #: 23-2330, Categories: Corporations, Securities
J. Kahn declines to enter judgment on a self-represented former construction manager’s remaining disability discrimination claim and preserves the claims for a jury trial. His employer, a construction company, fails to establish conclusively that it fired him on the basis of his performance and not due to an injury he suffered while moving a large saw. As well, the parties dispute the scope of the employee’s injuries, whether they severely limited his ability to perform his job and whether he was experienced and qualified enough to perform his work as a construction manager with or without an accommodation.
Court: USDC Northern District of New York, Judge: Kahn, Filed On: March 15, 2024, Case #: 1:20cv571, NOS: Amer w/Disabilities-Employment - Civil Rights, Categories: Ada / Rehabilitation Act, Employment Discrimination
J. Chen preserves a labor class action against Skechers, the shoe manufacturer, which was sued by a stockroom associate for untimely wages, finding the employee has standing and is provided a private right of action under sections of New York Labor Law.
Court: USDC Eastern District of New York, Judge: Chen, Filed On: March 15, 2024, Case #: 1:23cv1055, NOS: Other Labor Litigation - Labor, Categories: Class Action, Labor
J. Gonzalez dismisses a self-represented airline worker’s employment discrimination and unpaid wages complaint which alleges Delta Airlines discriminated against him on the basis of his race, sexual orientation and disability. He claims he was wrongfully terminated following an altercation with a coworker who called him a “faggot.” His complaint fails to provide anything more than vague, conclusory allegations.
Court: USDC Eastern District of New York, Judge: Gonzalez, Filed On: March 15, 2024, Case #: 1:23cv3146, NOS: Employment - Civil Rights, Categories: Employment Discrimination
J. Wicks grants in part a motion to compel and orders a drywall and carpentry subcontractor to produce historical data listing the number of employees enrolled on its payroll between Jan. 1, 1994 to Jan. 3, 2017, which will help bolster a Black receptionist’s claim that she could have performed her duties in 20 hours as an accommodation for injuries that she suffered in a car accident. The court finds that the information requested is sufficiently targeted and will not pose an undue burden on her employer.
Court: USDC Eastern District of New York, Judge: Wicks, Filed On: March 15, 2024, Case #: 2:22cv4044, NOS: Employment - Civil Rights, Categories: Discovery, Employment Discrimination
[Consolidated.] J. Newsom denies the immigrant's petition for review of the decision by the Board of Immigration Appeals dismissing the appeal of his application for adjustment of status and denying his motion for reconsideration. The board applied the correct standard in rejecting the immigrant's claim and finding that the immigrant was not entitled to discretionary relief in light of his criminal record and bad character.
Court: 11th Circuit, Judge: Newsom, Filed On: March 15, 2024, Case #: 22-11065, Categories: Immigration
J. Doyle finds that the trial court properly ruled in favor of the doctors in a medical malpractice action brought by the parents arising from their mentally ill son's accidental drowning death after he was discharged to them from the doctors' care. The son ran away after being discharged and was found dead in a lake three days later. The son's drowning some time after his discharge is too remote to be the proximate result of his discharge. There is no evidence that the son was unsafe to walk on his own and no evidence explaining what caused him to drown. Affirmed.
Court: Georgia Court of Appeals, Judge: Doyle, Filed On: March 15, 2024, Case #: A23A1715, Categories: Medical Malpractice
J. Pipkin rules that the trial court improperly convicted defendant of cruelty to children in the first degree and finds that defendant is entitled to a new trial on that offense due to juror misconduct. The verdict form given to the jury incorrectly listed the charge as cruelty to children in the third degree. Upon being recalled for a second round of deliberations after the mistake was discovered, a juror used her phone to Google the classifications of the offense of cruelty to children and then shared the information with other jurors. The trial court correctly convicted defendant of sexual battery. Defendant's trial counsel was not deficient for allowing defendant to proceed to trial with only one hearing aid. Defendant twice told the trial court that he was able to hear. Reversed in part.
Court: Georgia Court of Appeals, Judge: Pipkin, Filed On: March 15, 2024, Case #: A23A1752, Categories: Ineffective Assistance, Jury, Sex Offender
J. Standridge finds a lower court improperly ruled that a "noisy conduct" provision in the state's municipal code of ordinance is constitutional. The state argued that a Project Justice protestor did not engage in protective activity when he launched a movement near a federal courthouse while blocking traffic, which resulted in an unlawful citation for noisy conduct. However, the state sufficiently showed in court that the noisy conduct provision is unconstitutional because it is overbroad and prohibits substantial protected conduct. Reversed.
Court: Kansas Supreme Court, Judge: Standridge , Filed On: March 15, 2024, Case #: 124412, Categories: Constitution, Municipal Law
J. Pipkin finds that the trial court properly denied the company's motion to set aside the default judgment and $25 million damages award entered against it in a wrongful death, product liability and negligence action brought by the estate administrator. The action arose after the decedent was pulled into a steel wire manufacturing machine and decapitated. The trial court correctly found that the company waived any argument that apportionment of the damages was required or appropriate when it failed to appear at the damages trial. The defaulting companies also failed to present any evidence on apportionment. Affirmed.
Court: Georgia Court of Appeals, Judge: Pipkin, Filed On: March 15, 2024, Case #: A23A1697, Categories: Damages, Product Liability, Wrongful Death
J. Trauger grants the media defendants' dismissal motion in this defamation lawsuit brought by an attorney alleging that a pair of articles placed him "in a false light." The articles concerned the attorney's role in a separate lawsuit against the National Rifle Association. Certain statements and implications "are protected by the fair report privilege," however, while others are "not capable of conveying a defamatory meaning."
Court: USDC Middle District of Tennessee , Judge: Trauger, Filed On: March 15, 2024, Case #: 3:22cv1017, NOS: Assault, Libel, & Slander - Torts - Personal Injury, Categories: Communications, Defamation, Privilege
J. Biery adopts a report and recommendations and dismisses, with prejudice, a medical malpractice suit brought against an Army hospital under the Federal Torts Claim Act because the pro se patient has failed to timely respond to court motions and did not properly serve the Army hospital despite an order from a judge explaining how to do so.
Court: USDC Western District of Texas , Judge: Biery, Filed On: March 15, 2024, Case #: 5:23cv307, NOS: Personal Injury - Medical Malpractice - Torts - Personal Injury, Categories: Government, Tort, Medical Malpractice
J. Soto finds a lower court erred in a convoluted real-estate dispute and withdraws a previous opinion on the case, instead substituting it with this one. This court’s prior understanding of this case relied in part on a motion to dismiss filed by a receiver who said he had authority to represent one of the companies involved in the case, but that company has disputed that receiver’s authority and has a due process right to challenge it, and the lower court was wrong to allow the receiver to assert his authority without giving the company opportunity to respond. Reversed.
Court: Texas Courts of Appeals, Judge: Soto, Filed On: March 15, 2024, Case #: 08-22-00073-CV, Categories: Civil Procedure, Due Process, Banking / Lending
J. Kunselman finds that the lower court improperly found that the sellers of a restaurant breached their contract with the buyer in this case wherein the restaurant burned down after the parties signed a sales agreement but before they closed on the deal. The record is devoid of any competent evidence regarding the post-fire value of the property. Vacated.
Court: Pennsylvania Superior Court, Judge: Kunselman, Filed On: March 15, 2024, Case #: J-E03003-23, Categories: Insurance, Property, Contract