219 results for 'cat:"Venue"'.
J. Albright grants Apple's motion to transfer venue in a patent infringement action brought by the patent owner to the Northern District of California. The owner alleges that Apple's iPhone, iPad and Apple Watch products infringe on a number of patents related to enhancements in mobile device communication functionality and other technology. The Northern District of California is a more convenient forum than the Western District of Texas because 10 of Apple's likely witnesses live in California and Washington and Apple's documents related to the design and development of the accused products are likely located in California.
Court: USDC Western District of Texas , Judge: Albright, Filed On: August 28, 2023, Case #: 6:21cv603, NOS: Patent - Property Rights, Categories: Patent, venue
J. Corker partially grants the dismissal motions filed in this lawsuit alleging that the pro se plaintiff is the target of "an ongoing conspiracy between defendants" to defame and extort him. The plaintiff, a content publisher who "claims to reside in Minnesota," fails to establish that venue is proper in the Eastern District of Tennessee. The court notes that dismissal is without prejudice.
Court: USDC Eastern District of Tennessee , Judge: Corker, Filed On: August 25, 2023, Case #: 2:23cv11, NOS: Other Civil Rights - Civil Rights, Categories: Civil Procedure, Civil Rights, venue
J. Emas finds the trial court properly denied Royal Caribbean's motion to dismiss a lawsuit from a passenger who was severely burned while hiking on a volcano in New Zealand which erupted during a shore excursion on the passenger's cruise, one of multiple passengers injured or killed by the eruption. The trial court made no error in deciding that, despite Royal Caribbean's arguments, the contract between the passenger and a separate entity related to Royal Caribbean does not require the passenger's case to be litigated in New South Wales, and Royal Caribbean was not entitled to an evidentiary hearing on the matter. Affirmed.
Court: Florida Courts Of Appeal, Judge: Emas, Filed On: August 23, 2023, Case #: 22-1100, Categories: Negligence, venue
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J. Howard partially grants the competitor's motion to dismiss a patent infringement action brought by the company and transfers the case from the U.S. District Court for the Middle District of Florida to the U.S. District Court for the Northern District of Georgia. The competitor has a policy allowing employees to work remotely. Although the home offices of the competitor's employees constitute a physical location in which the competitor's business is carried out, there is insufficient evidence to show that the employees' homes are actually places of business of the competitor.
Court: USDC Northern District of Georgia, Judge: Howard, Filed On: August 21, 2023, Case #: 1:23cv3730, NOS: Patent - Property Rights, Categories: Patent, venue
Per curiam, the court of appeal finds that the trial court improperly denied the county's motion to transfer venue in claims challenging the fish and wildlife conservation commission's restrictions on oyster harvesting in Gulf county because the county should have been considered an "agency" under statute, and the county was entitled to home venue privilege.
Court: Florida Courts Of Appeal, Judge: Per curiam, Filed On: August 16, 2023, Case #: 1D22-2564, Categories: Environment, Agency, venue
J. Powell finds that the lower court improperly exceeded its authority by refusing to transfer venue to St. Louis County as requested by Monsanto as to six of 82 plaintiffs in this lawsuit seeking monetary damages due to their exposure to Roundup. Transfer is appropriate based on the plaintiffs’ principal place of residence at the time of the injury. Reversed.
Court: Missouri Supreme Court, Judge: Powell, Filed On: August 15, 2023, Case #: SC99942, Categories: Product Liability, venue
J. Gonzalez finds that the lower court improperly granted the nursing home's motion to change venue in a nursing home negligence action. The nursing home failed to authenticate decedent's signature on the admission contract, so the forum selection clauses therein are unenforceable. Reversed.
Court: New York Appellate Divisions, Judge: Gonzalez, Filed On: August 11, 2023, Case #: 04258, Categories: Negligence, venue
J. Brown remands back to New York state courts a total of 43 Child Victims Act lawsuits filed against the Diocese of Rockville Center and various related entities, including the Boy Scouts of America. The cases, which are only a small portion of the total 224 related cases filed against the diocese, had been languishing in legal quagmire after the diocese filed for bankruptcy and subsequently sought to transfer the cases to federal court. The plaintiffs successfully argue the state courts are better prepared to timely resolve their cases.
Court: USDC Eastern District of New York, Judge: Brown, Filed On: August 10, 2023, Case #: 2:23cv5029, NOS: Other Personal Injury - Torts - Personal Injury, Categories: Negligence, venue
J. Gordo finds that the trial court properly denied the wife another hearing over the choice of venue for a dispute between her and her deceased husband's daughter over the distribution of the husband's property. The trial court properly granted the daughter's motion to dismiss the wife's lawsuit because Colombia is a more appropriate venue for their dispute than Florida, in part given the nature of a contract over the distribution of the husband's property that he and the wife executed in Colombia in 2019. Affirmed in part.
Court: Florida Courts Of Appeal, Judge: Gordo, Filed On: August 9, 2023, Case #: 21-1560, Categories: Wills / Probate, venue, Contract
J. Valderrama grants the plaintiff machine operator’s motion to remand this personal injury case to Cook County, but denies his motion for costs and attorney fees. The operator was injured in an explosion at a steel company’s Indiana production plant and sued both the company and the safety engineer whose negligence allegedly caused the explosion. The operator filed his suit in Cook County court because that is where the safety engineer lives, and while the company earlier managed to remand the case to federal court on a diversity jurisdiction argument, the federal court now agrees with the operator that Cook County’s circuit court is more appropriate.
Court: USDC Northern District of Illinois, Judge: Valderrama, Filed On: August 4, 2023, Case #: 1:22cv6484, NOS: Other Personal Injury - Torts - Personal Injury, Categories: Negligence, Jurisdiction, venue
J. Pallmeyer addresses a nutrition company’s motion to dismiss a product liability complaint brought by the parents of a child who developed necrotizing enterocolitis from drinking the company’s tainted baby formula. This consolidated case comprises dozens of individual necrotizing enterocolitis complaints filed in multiple districts, and this motion in particular concerns whether the venue for a specific complaint should be the District of Kansas, as the nutrition company argues, or the District of Western Missouri, as the parents argue. The court has decided Kansas is the proper venue as that is where the majority of the case's action took place, so it dismisses the individual complaint from Missouri with the inclination to allow the parents to file an amended complaint in the proper venue.
Court: USDC Northern District of Illinois, Judge: Pallmeyer, Filed On: August 3, 2023, Case #: 1:22cv2011, NOS: Personal Injury - Product Liability - Torts - Personal Injury, Categories: Product Liability, Jurisdiction, venue
J. Hendrix refuses to transfer the state’s constitutional challenge to a federal law it says will force it to pay for social services for illegal immigrants and face increased employment-related litigation, ruling the government, which does not claim bias, cannot have the case transferred just because Texas “sues too often” in certain districts.
Court: USDC Northern District of Texas , Judge: Hendrix, Filed On: July 28, 2023, Case #: 5:23cv34, NOS: Other Statutory Actions - Other Suits, Categories: Constitution, venue
J. Rodriguez declines a motion to transfer to D.C. federal court this case concerning the alleged kidnapping of a Rwandan activist and the role that a private jet company allegedly played in that kidnapping scheme. The activist has not met his burden to show why D.C. federal court would be clearly more convenient, and in fact the activist asserts “Texas common law tort claims” that give this court a greater interest in this case.
Court: USDC Western District of Texas , Judge: Rodriguez, Filed On: July 28, 2023, Case #: 5:20cv1422, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Tort, venue