267 results for 'filedAt:"2024-03-29"'.
J. Westmore allows a single negligence claim to proceed against X Corp. in a class privacy dispute stemming from a 2022 data breach. X is shielded from the bulk of the contract and unjust enrichment claims by the Terms of Service agreement between it and its users, thought those claims are tossed with leave to amend in the event that users can prove the Terms of Service are "unconscionable." A negligence claim is allowed to survive at this stage, but its future survival is also predicated on the ability to prove that the Terms of Service are void.
Court: USDC Northern District of California, Judge: Westmore, Filed On: March 29, 2024, Case #: 4:23cv186, NOS: Other Contract - Contract, Categories: Negligence, Privacy, Class Action
J. Gray finds that the lower court improperly tossed a lawsuit stemming from a car accident. The lower court tossed it on the grounds that it was barred by the statute of limitations, but because one of the people involved in the car crash did not attempt to locate the other party while they were out of state, the statute of limitations had not yet begun to toll. The case was not untimely as a result and can proceed. Reversed.
Court: Wyoming Supreme Court, Judge: Gray, Filed On: March 29, 2024, Case #: S-23-0219, Categories: Civil Procedure, Tort
J. Underhill finds that narcotics agents from the IRS Criminal Investigation Division did not violate the Fourth Amendment while conducting a search. The searched citizen is was connected to entities identified on the warrant, and the search was conducted in a professional manner, with no office employees present at the site of the search after 10 p.m. The judge grants the agent’s motion for summary judgment and denies motion by a business entity searched at the site.
Court: USDC Connecticut, Judge: Underhill, Filed On: March 29, 2024, Case #: 3:14cv741, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Corporations, Tax
J. Faber adopts the proposed findings and recommendation by the magistrate judge, and grants the public transportation agency's motion for summary judgment in the legally blind passenger's complaint accusing it of civil rights violations when it excluded him from riding the bus after defending himself in a fight with other passengers the day before. The court finds the agency neither violated his constitutional right to self-defense nor denied him access to public accommodations when it placed him on a 30-day suspension from its services due to his violation of the agency's code of conduct when he became verbally abusive with the other passengers after they refused his requests they move to other seats.
Court: USDC Southern District of West Virginia, Judge: Faber, Filed On: March 29, 2024, Case #: 1:21cv425, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Government, Transportation
J. Kato finds in favor of the science-based nutritional supplement company for its complaint seeking a declaration that its use of the "Nature's Day" mark does not infringe on the dietary supplement brand's mark. The dietary supplement brand does not present evidence that the company knew that the products using the "Nature's Day" mark caused customer confusion, and the dietary supplement brand did not conduct discovery diligently enough to justify giving it more time to conduct discovery.
Court: USDC Central District of California, Judge: Kato, Filed On: March 29, 2024, Case #: 8:23cv766, NOS: Trademark - Property Rights, Categories: Evidence, Trademark, Discovery
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J. Aiken grants the receiver's petition to void the deeds of trust that the multi-family real estate developer's managing partner issued regarding the homeowners association complaint, which alleges that the bank owes housing association fees on a property it assumed during the previous owner's bankruptcy proceedings. All evidence that suggests that the contractor, not some other entity, damaged the window is likely second-hand information and supposition, so the multi-family real estate developer and the unit owner do not prove that the contractor working for the homeowners association caused the damage.
Court: USDC Oregon, Judge: Aiken, Filed On: March 29, 2024, Case #: 6:16cv300, NOS: All Other Real Property - Real Property, Categories: Property, Contract
J. Davis partially grants the auditor's motion to dismiss its client's counterclaims in a case arising from the parties' relationship in the years leading up to the client's entry into rehabilitation. Minnesota law governs the motion to dismiss, and the client's claims related to a collection of 2016 investments are time-barred. Other claims, stemming from a 2016 reinsurance transaction and the appointment of an actuary in the same year, are not time-barred. Claims for breach of fiduciary duty are dismissed for failure to state a claim, as are claims alleging fraudulent concealment.
Court: USDC Minnesota, Judge: Davis, Filed On: March 29, 2024, Case #: 0:22cv3132, NOS: Other Contract - Contract, Categories: Fiduciary Duty, Choice Of Law, Contract
J. Blakey partially grants a medical clinic’s motion to dismiss race discrimination, wrongful termination and Title VII claims brought by one of its former employees. The former employee, a Black single mother, claims she faced consistent racial discrimination from her supervisor, who would also leave disparaging comments regarding her daughter on social media. She eventually felt pressured to resign given the constant poor treatment. The court finds the former employee has sufficiently alleged all her claims save her Title VII caregiver discrimination allegation.
Court: USDC Northern District of Illinois, Judge: Blakey, Filed On: March 29, 2024, Case #: 1:22cv7012, NOS: Employment - Civil Rights, Categories: Employment, Employment Discrimination, Employment Retaliation
J. Mayle finds that the county court correctly denied a motion for two incidents to be tried separately, one involving a robbery and murder and one involving the discharge of a weapon. The judge finds that sufficient evidence exists to join the incidents. However, the court incorrectly imposed the cost of confinement and council on appellant and the judge ruled that the state and the appellant shall share in those costs. Affirmed in part and reversed in part.
Court: Ohio Court Of Appeals, Judge: Mayle, Filed On: March 29, 2024, Case #: 2024-Ohio-1178, Categories: Firearms, Robbery, Attorney Fees
J. Hoffman finds that the trial court did not properly include a mortgage on a property when dividing the proceeds of a foreclosure sale, noting that the record clearly indicates that the lender has a mortgage on the property. The judge finds that the trial court did properly reference rental income assignments and properly fulfilled other procedural duties related to the foreclosure sale. Reversed in part. Affirmed in part.
Court: Ohio Court Of Appeals, Judge: Hoffman, Filed On: March 29, 2024, Case #: 2024-Ohio-1184, Categories: Civil Procedure, Property
J. Thacker finds the lower court improperly granted immunity to the healthcare provider. A patient's personal medical information was stolen during a cyberattack on the provider's computer system. Healthcare providers are immune from federal suits arising out of medical, surgical, dental, or related functions. The provider argued that the patient's medical information rises out of a medical function, but safeguarding data is not a medical function. Vacated.
Court: 4th Circuit, Judge: Thacker, Filed On: March 29, 2024, Case #: 22-2268, Categories: Health Care, Immunity, Negligence
J. Schiltz grants the data aggregators' motion to dismiss the consumer's suit alleging that a now-defunct company they sold her data to damaged her reputation by claiming on its website that she had a poor "reputation score." The consumer has alleged an injury-in-fact, traceable to the aggregators, that could be redressed with a favorable judgment. She has not, however, sufficiently pleaded that the defunct company was acting as an agent of the aggregator. Her federal claims fail on that basis, and the court declines to exercise supplemental jurisdiction over her state-law claims.
Court: USDC Minnesota, Judge: Schiltz, Filed On: March 29, 2024, Case #: 0:23cv1769, NOS: Consumer Credit - Other Suits, Categories: Consumer Law, Privacy, Class Action
J. Merkl denies a motion filed by former New York Governor Andrew Cuomo to unseal portions of a non-party’s deposition testimony as well as text messages sent between herself and another non-party individual. The case involves allegations that Cuomo sexually assaulted a female member of his protective service unit while he was in office. The court finds granting the request in such a high-profile case would only discourage potential witnesses from providing information for fear of their comments becoming public.
Court: USDC Eastern District of New York, Judge: Merkl, Filed On: March 29, 2024, Case #: 1:22cv893, NOS: Employment - Civil Rights, Categories: Discovery
J. Donnelly denies in part a Brooklyn law firm’s motion for summary judgment and preserves a single claim for race-based hostile work environment, finding enough evidence to allege one of its partners’ actions, which included espousing white supremacist views, playing Confederate songs in the workplace and watching racist videos on his computer, was pervasive. The main question for the jury is whether the partner was her supervisor or a coworker for purposes of employer liability.
Court: USDC Eastern District of New York, Judge: Donnelly, Filed On: March 29, 2024, Case #: 1:19cv1979, NOS: Employment - Civil Rights, Categories: Civil Rights, Employment Discrimination
J. Scholer allows a petroleum vendor’s claims of constructive fraud to proceed in a case in which defendant continued to advance a client funds to purchase petroleum products despite defendant’s knowledge of the client’s inability to pay. The client filed for bankruptcy and the vendor now seeks payment for the petroleum product from defendant because Oklahoma’s Oil and Gas and Lien Act allows hydrocarbons to be sold with a lien on the proceeds from the sale of the product.
Court: USDC Northern District of Texas , Judge: Scholer, Filed On: March 29, 2024, Case #: 3:23cv525, NOS: Other Contract - Contract, Categories: Energy, Fraud, Contract
J. Nardacci grants summary judgment to a nursing home facility on a late father’s estate’s negligence and substantive due process claims stemming from the man’s death while under the facility’s care and supervision, but preserves its claims for medical malpractice and federal and state public health law violations for trial. The court rejects the nursing home’s contentions that there is no private right of action against nursing homes under the Federal Nursing Home Reform Act or that it cannot be held liable for the decedent’s injuries.
Court: USDC Northern District of New York, Judge: Nardacci, Filed On: March 29, 2024, Case #: 1:19cv604, NOS: Other Civil Rights - Civil Rights, Categories: Tort, Due Process, Medical Malpractice
J. Osteen denies the state department of health and human services’ secretary’s motion to dismiss allegations of disability discrimination brought by a class of parents and guardians of disabled children. The class shows sufficient evidence that hundreds of children with disabilities are unnecessarily institutionalized at understaffed state psychiatric wards every year in North Carolina. The children are subject to physical, emotional and sexual abuse and given heavily mind-altering drugs by untrained employees in violation of the ADA, specifically the Olmstead Act.
Court: USDC Middle District of North Carolina, Judge: Osteen, Filed On: March 29, 2024, Case #: 1:22cv1046, NOS: Amer w/Disabilities - Other - Civil Rights, Categories: Ada / Rehabilitation Act, Government, Class Action
J. Biggs partially denies Experian’s motion to dismiss allegations of credit reporting violations brought by a class of credit consumers. Members of the class claim Experian’s purported attempts at investigating claims they brought against lenders were insufficient. In some cases, Experian allegedly refused to reinvestigate after their findings aligned with the lenders, who had made mistakes on the members’ accounts which caused them to default. The count of failure to conduct re-investigation against Experian survives.
Court: USDC Middle District of North Carolina, Judge: Biggs, Filed On: March 29, 2024, Case #: 1:23cv409, NOS: Consumer Credit - Other Suits, Categories: Debt Collection, Consumer Law, Banking / Lending
[Consolidated.] J. Eagles grants a woman’s applications to proceed without prepaying fees and costs in this pro se action against the federal government and YouTube simply to allow the court to recommend dismissal. The woman appears to make sweeping statements regarding institutionalized racism against her and her family imposed by the federal government. She also claims that YouTube has been harassing her with its content even though she has communicated with it that she has mental health difficulties and it should stop. Both allegations fail to state a claim.
Court: USDC Middle District of North Carolina, Judge: Eagles, Filed On: March 29, 2024, Case #: 1:24cv234, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Government, Technology