162 results for 'filedAt:"2023-09-06"'.
J. Watson grants, in part, the HVAC system manufacturers' motion for summary judgment, ruling the lack of evidence of a warranty requires dismissal of that claim, while the negligence claims related to production and installation of the defective system are abrogated by the product liability claims because they are based on the same set of allegations. Meanwhile, the maker of the capacitor is entitled to judgment on all claims against it under the component parts doctrine because there is no allegation the capacitor was defective or that the maker had any role in its installation in the defective system.
Court: USDC Southern District of Ohio, Judge: Watson, Filed On: September 6, 2023, Case #: 2:20cv4880, NOS: Contract Product Liability - Contract, Categories: Negligence, Product Liability
J. Fineman finds that the trial court erred in compelling car buyers to arbitrate their consumer warranty claim against the manufacturer. The manufacturer was not a party to the lease agreement between the buyers, but it was a party to two express warranties that are separate from the lease agreement, and an implied warranty of merchantibility. Vacated.
Court: California Courts Of Appeal, Judge: Fineman, Filed On: September 6, 2023, Case #: A166537, Categories: Arbitration, Warranty
J. Logue finds the trial court made no error in denying the citizen's second motion for more time to serve an individual with his lawsuit over a car accident. Because the citizen clearly failed to serve the individual with his lawsuit within the 120 days first ordered plus the additional 30 days he was given on his first motion for more time, the statute of limitations expired and the trial court did not abuse its discretion by denying his motion and, essentially, dismissing his claims against the individual with prejudice. Affirmed.
Court: Florida Courts Of Appeal, Judge: Logue, Filed On: September 6, 2023, Case #: 22-1604, Categories: Civil Procedure, Vehicle
J. Reichek finds that the lower court properly denied the appellants' motion to dismiss under the Texas Citizens Participation Act. The action asserts claims for defamation per se and business disparagement, based on multiple communications, including five text messages and one voicemail. The Act applies, but the appellees established a prima facie case for their claims. Affirmed.
Court: Texas Courts of Appeals, Judge: Reichek, Filed On: September 6, 2023, Case #: 05-22-00616-CV, Categories: Anti-slapp, Civil Procedure, Defamation
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J. Gerber finds the county court improperly denied AT&T's motion for sanctions against the consumer for raising a meritless "data throttling" claim in his lawsuit over his wireless service agreement. The county court made errors of law and discretion in denying monetary sanctions over the data throttling claim, which falsely asserted that the consumer had an unlimited data plan when he either knew he did not or he and his counsel should have known he did not. The case is remanded for the county court to grant that part of AT&T's sanctions motion and set a hearing to determine reasonable attorney fees to be paid to AT&T and its counsel for fighting the meritless data throttling claim. The county court's decision denying AT&T sanctions over the consumer's "administrative fees" claim is upheld without discussion. Affirmed in part.
Court: Florida Courts Of Appeal, Judge: Gerber, Filed On: September 6, 2023, Case #: 21-2261, Categories: Fraud, Sanctions, Consumer Law
Per curiam, the Georgia Supreme Court grants attorney Samuel Elias Skelton's application for certification of fitness to practice law. The attorney voluntarily surrendered his license to practice law after pleading guilty to theft by taking and has now completed his sentence. The attorney has taken full responsibility for his actions, maintained his sobriety following his incarceration and demonstrated his rehabilitation.
Court: Georgia Supreme Court, Judge: Per curiam, Filed On: September 6, 2023, Case #: S23Z1032, Categories: Judiciary, Attorney Discipline
J. Rushing finds the board properly denied the former MS-13 gang member's petition for deferral of removal under the United Nations Convention Against Torture. The former gang member fears retaliation if removed to Honduras for refusing to participate in a gang-ordered stabbing while incarcerated for other gang-related charges. In light of recent efforts to eliminate police corruption in Honduras, the gang member failed to adequately allege that the government would turn a blind eye to the risk of him being killed. Affirmed.
Court: 4th Circuit, Judge: Rushing, Filed On: September 6, 2023, Case #: 21-2377, Categories: Immigration, Gangs
J. Sargus grants, in part, the massage parlor's motion to dismiss, ruling that because its management employees were aware of at least one occurrence of sexual assault by a male employee, an exemption in its insurance policy does not apply and the insurer is required to provide defense coverage in the underlying lawsuit brought by the victim employees.
Court: USDC Southern District of Ohio, Judge: Sargus, Filed On: September 6, 2023, Case #: 2:22cv3578, NOS: Insurance - Contract, Categories: Insurance, Contract
A federal judge today denied summary judgment to the sheriff of Jefferson Parish on his argument that a woman, who alleges he negligently hired a former deputy despite his extensive disciplinary history, has not identified any policy, pattern or practice that resulted in a violation of her constitutional rights. The resident, who was eight months pregnant at the time of her verbal altercation with the lawman, has identified facts in the record which could permit a reasonable jury to find that the sheriff’s hiring decision reflects a deliberate indifference to the risk of civil rights violations. The sheriff’s office also was aware that the sheriff of a neighboring parish had specifically terminated the lawman in question because he posed a liability to that department. Also, the deputy was subject to a restraining order by his ex-wife in California that banned him from carrying a firearm in that state.
Court: USDC Eastern District of Louisiana , Judge: Lemmon, Filed On: September 6, 2023, Case #: 2:22cv13, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Evidence, Police Misconduct