163 results for 'filedAt:"2023-10-31"'.
J. Soto finds a lower court ruled correctly in determining an insurance company has a duty to indemnify a construction contractor following a dispute between the contractor and its client over allegedly shoddy workmanship, which resulted in a jury verdict in favor of the client. The insurance company argued, among other things, that the contractor had assumed liability beyond what was covered in its insurance policy, but the record does not support this argument.
Court: Texas Courts of Appeals, Judge: Soto, Filed On: October 31, 2023, Case #: 08-23-00047-CV, Categories: Insurance, Indemnification, Contract
J. Sutton finds the lower court erroneously dismissed a fired CEO's tort claims against comedian Kathy Griffin because her tweets, which tagged the CEO's company and were shared with more than two million followers, provided the necessary contacts in the state of Tennessee to establish jurisdiction for the CEO's tort claims. Griffin revealed the CEO lived outside Nashville and urged her followers to contact his employer, a Tennessee-based company, to fire him, all of which directly targeted Tennessee and established jurisdiction for his tort claims. Reversed.
Court: 6th Circuit, Judge: Sutton, Filed On: October 31, 2023, Case #: 23-5257, Categories: Tort, Emotional Distress, Jurisdiction
J. Sweeney grants a trucking association a temporary restraining order after the town enacted a law restricting motor vehicles from accessing pedestrian mall areas for pick up and delivery because the carriers experienced delays and cancelled deliveries when they were rendered unable to deliver commercial goods directly to businesses within mall areas.
Court: USDC Colorado, Judge: Sweeney, Filed On: October 31, 2023, Case #: 1:23cv2752, NOS: Other Statutory Actions - Other Suits, Categories: Transportation
J. Sands partially refuses to rule in favor of the Taser manufacturer in a civil rights and product liability action brought by the estate administratrix arising from the decedent's death from "excited delirium" after deputies shocked him with Tasers multiple times. The manufacturer's motion for summary judgment is denied with respect to the strict products liability claim based on a failure to warn theory because a reasonable jury could find that the manufacturer's warnings were insufficient. An issue of fact also exists as to whether the Taser caused the decedent's death. However, the manufacturer's motion is granted with respect to the claim for strict products liability based on a design defect theory because there is no issue of fact as to whether the Taser was an inherently dangerous product.
Court: USDC Middle District of Georgia, Judge: Sands, Filed On: October 31, 2023, Case #: 7:21cv40, NOS: Other Civil Rights - Civil Rights, Categories: Product Liability
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J. Gillmor declines to grant the United States’ Daubert motion to bar testimony in a wrongful death lawsuit brought by the family of a man who was killed in a helicopter crash allegedly caused by air traffic controllers. The challenged expert is a pilot and has no training as an air traffic controller, so he may not testify on air traffic control, duties of care or protocols.
Court: USDC Hawaii, Judge: Gillmor, Filed On: October 31, 2023, Case #: 1:20cv265, NOS: Airplane - Torts - Personal Injury, Categories: Experts, Wrongful Death, Aviation
J. Wicker finds that the Workers' Compensation Court should not have denied an office cleaner's claim for workers’ compensation benefits for injuries sustained in a car accident while driving between two offices she was assigned to clean. The Workers' Compensation Court properly determined that the cleaner was an independent contractor for the cleaning company, not an employee. However, the manual labor exception applies because the cleaner testified that she would dust, vacuum, wash the bathrooms, clean glasses, sweep, mop, and take out the trash. Reversed.
Court: Louisiana Court Of Appeal, Judge: Wicker, Filed On: October 31, 2023, Case #: 23-CA-49, Categories: Evidence, Workers' Compensation
J. Strickland grants, in part, the city's motion to dismiss, ruling the aircraft company's negligence claim related to its lockout from a hangar does not constitute a claim for property damage and, therefore, the city and its officials are entitled to sovereign immunity.
Court: USDC New Mexico, Judge: Strickland, Filed On: October 31, 2023, Case #: 2:22cv218, NOS: Other Personal Injury - Torts - Personal Injury, Categories: Government, Immunity, Negligence
J. Dato finds that substantial evidence supported granting a domestic violence restraining order to an adult son whose mother threatened him. She repeatedly contacted him after he asked her to stop verbally and in writing, and the trial court was within its discretion to consider an out-of-state restraining order on the mother. Also, her facial challenge to the statute that bars subjects of restraining orders from possessing firearms fails because the constitution protects the rights of law-abiding citizens to possess firearms, and the trial court found she was not law-abiding. Affirmed.
Court: California Courts Of Appeal, Judge: Dato, Filed On: October 31, 2023, Case #: D081250, Categories: Civil Rights, Restraining Order, Firearms
J. Ahuja finds that the lower court properly found for the state auditor, which prepared fiscal notes estimating the costs or savings to local governments for six different proposed pro-abortion initiative petitions, on a challenge from conservative voters. The fiscal notes' properly included various estimates on the economic costs of liberalized access to abortion. Affirmed.
Court: Missouri Court Of Appeals, Judge: Ahuja, Filed On: October 31, 2023, Case #: WD86594, Categories: Administrative Law, Constitution, Agency