176 results for 'filedAt:"2024-03-26"'.
J. Zimmerer finds that the trial court properly entered judgment in a dispute over a settlement agreement that stems from a "failed land transaction." There was no abuse of discretion in the exclusion of proposed testimony regarding an alleged withdrawal of funds from the registry of a different trial court in Brazoria County. Affirmed.
Court: Texas Courts of Appeals, Judge: Zimmerer, Filed On: March 26, 2024, Case #: 14-23-00103-CV, Categories: Property, Contract
J. Jewell finds that the trial court properly entered a final decree of divorce after it denied the incarcerated ex-husband's request for a bench warrant. The ex-husband did not give adequate information for the court to evaluate the request for a bench warrant. Affirmed.
Court: Texas Courts of Appeals, Judge: Jewell, Filed On: March 26, 2024, Case #: 14-23-00270-CV, Categories: Family Law, Due Process
J. Zimmerer finds that the trial court properly granted primary custody of the child to the mother and denied the father's plea to the jurisdiction in which he argued the child's home state was India. The evidence shows the mother and child "have a significant connection with Texas," and the time the child spent in India should not be considered since the father had abducted the child in order to establish jurisdiction there. Affirmed.
Court: Texas Courts of Appeals, Judge: Zimmerer, Filed On: March 26, 2024, Case #: 14-23-00572-CV, Categories: Family Law, Jurisdiction
Want access to unlimited case records and advanced research tools? Create your free CasePortal account now. No credit card required to register.
Try CasePortal for Free
J. Xinnis grants a former employee’s motion for leave to file surreply and his cross-motion for summary judgment in this employment contract dispute brought by a staffing agency. The staffing agency alleges the employee sent confidential company information to his personal email address before starting a position with a competitor. In this second amended complaint, the staffing agency claims breach of contract, breach of duty of loyalty and conversion. The agency fails to show the employee deprived the corporation of a record that could be returned, offers no evidence that customers were solicited, and there is no evidence that he ever had exclusive possession of records. The agency’s motion for summary judgement is denied on all claims.
Court: USDC Maryland, Judge: Xinis, Filed On: March 26, 2024, Case #: 8:22cv1516, NOS: Other Contract - Contract, Categories: Employment, Contract
J. DeGravelles denies summary judgment to the Kansas City Southern Railway Company, finding a motorcyclist has adequately alleged the railroad failed to properly inspect a railroad crossing, resulting in his single-vehicle accident with injuries. According to regulations, the railroad must conduct an inspection of railroad track crossings once a month. In the motorcyclist’s case, the railroad’s own exhibits prove that on-foot inspections “never occurred.”
Court: USDC Middle District of Louisiana, Judge: DeGravelles, Filed On: March 26, 2024, Case #: 3:20cv309, NOS: Motor Vehicle - Torts - Personal Injury, Categories: Evidence, Jury, Transportation
J. Africk grants an unopposed request by New Orleans’ Inspector General to dismiss claims filed by the former director of the city’s juvenile detention center, who resigned amid media investigations following the OIG’s investigative report alleging long absences from work, neglect of duty and breaches of the city’s swipe-card security system. The ex-director says he was denied due process. He alleged the OIG’s report on him denied him future work opportunities and destroyed his personal business endeavors. Neither harm to the ex-director's reputation nor the consequent impairment of future business or employment opportunities qualifies as a constitutionally cognizable injury.
Court: USDC Eastern District of Louisiana , Judge: Africk, Filed On: March 26, 2024, Case #: 2:23cv6607, NOS: Other Civil Rights - Civil Rights, Categories: Constitution, Government, Immunity
J. Riedmann finds the county court properly dismissed the land sellers' conversion, contract and related claims with prejudice. The seller's causes of action are barred by the statute of limitations. Furthermore, the discovery rule does not apply to breach of contract or conversion claims, and they failed to particularly allege fraudulent concealment. Affirmed.
Court: Nebraska Court Of Appeals, Judge: Riedmann , Filed On: March 26, 2024, Case #: A-23-353, Categories: Agriculture, Fraud, Property
J. Higginbotham finds the district court improperly found for a school district on a hearing-impaired student's allegations it failed to properly accommodate her with interpretation services, as required by the Americans with Disabilities Act. The district court misinterpreted the guiding case law, essentially discharging the school district's duties under the ADA without judicial review. The ADA claim is not precluded by proceedings before the Texas Education Agency, and the cited case shows she was not required to exhaust her Individuals with Disabilities Education Act claim in order to pursue her separate ADA claim. Vacated.
Court: 5th Circuit, Judge: Higginbotham , Filed On: March 26, 2024, Case #: 22-50854, Categories: Civil Rights, Education
J. Frank grants the knee implant makers' motions to exclude expert testimony and for summary judgment in the implant recipient's suit alleging that her knee replacement loosened after implantation. The expert's opinion that the particular implant used is especially prone to debonding exhibits "several red flags" regarding her methodology, and at the time of implantation, no knee devices were on the market with the features the expert cites as necessary to prevent debonding. Since the implant recipient's claims regarding the device rely on the now-excluded expert testimony, those claims cannot survive summary judgment.
Court: USDC Minnesota, Judge: Frank, Filed On: March 26, 2024, Case #: 0:22cv331, NOS: Personal Injury - Product Liability - Torts - Personal Injury, Categories: Product Liability, Experts
Per curiam, the circuit finds the district court properly awarded summary judgment to the medical device manufacturer. The surgeon placed the device on the patient's spine to repair the membrane protecting the spinal cord. After a second surgery to find the origin of the patient's ensuing headaches, the surgeon discovered the device had disintegrated. The patient has not identified any specific way in which the product deviated from its design. Affirmed.
Court: 5th Circuit, Judge: Per curiam, Filed On: March 26, 2024, Case #: 23-50274, Categories: Product Liability, Medical Malpractice
J. Howard grants the employer's motion for summary judgment on the employee's four remaining claims in his employment-discrimination suit, alleging race, sex and color discrimination under Title VII of the Civil Rights Act and retaliation. The employee failed to timely exhaust his administrative remedies for all of these claims. A motion for sanctions brought by the employee is denied, but his motions for judicial notice and clarification are partially granted.
Court: USDC Middle District of Florida, Judge: Howard, Filed On: March 26, 2024, Case #: 3:20cv905, NOS: Employment - Civil Rights, Categories: Employment, Sanctions, Employment Discrimination
J. Jung denies the Department of Corrections food service provider's motion to dismiss the diabetic inmate's suit alleging that it has consistently failed to provide diabetic inmates with timely, adequate meals. The inmate has adequately pleaded that the alleged failure to provide meals constitutes deliberate indifference to a serious medical need, and while he has not stated sufficient facts to show that the food service provider has a policy of serving diabetic inmates late, he has pleaded sufficient facts to support the allegation that the meals are calorically and nutritionally deficient. Finally, the prisoner's amended complaint states facts showing the personal involvement of a staff member who responded to the prisoner's grievances in these alleged violations, reviving previously-dismissed claims against that staff member, though the prisoner is cautioned that failure to prove those allegations may result in sanctions.
Court: USDC Middle District of Florida, Judge: Jung, Filed On: March 26, 2024, Case #: 8:23cv26, NOS: Prison Condition - Habeas Corpus, Categories: Civil Rights, Prisoners' Rights
J. Tuite denies the insured's motion for attorneys' fees in the insurers' action against her seeking a judgment regarding their respective liability, if any, stemming from a crash with an underinsured motorist. This court lacks jurisdiction to enter the requested fee award, having already dismissed the instant case.
Court: USDC Middle District of Florida, Judge: Tuite, Filed On: March 26, 2024, Case #: 8:22cv1750, NOS: Insurance - Contract, Categories: Insurance, Attorney Fees
J. Gibbons finds the lower court properly enforced the subpoena filed by the Equal Employment Opportunity Commission. Although the notice was sent to the employer's legal counsel and uploaded to the EEOC's online portal, the employer had accepted service of previous subpoenas in this fashion and cannot claim it was not properly served. Additionally, the improper reply date on the subpoena was merely a scrivener's error that did not render the entire document defective and allowed the court to enforce the subpoena. Affirmed.
Court: 6th Circuit, Judge: Gibbons, Filed On: March 26, 2024, Case #: 23-1719, Categories: Civil Procedure, Employment, Discovery
J. Kleeh grants in part the university's and several professors' motions to dismiss a fellow Department of Public Administration professor's religious and national origin discrimination suit. In addition to 42 U.S.C.§ 1981 not affording protection against discrimination based on national origin or religion, the court grants the professors' motion in both their individual and official capacities in counts five and six of the complaint. On the similar claims in counts one and two under Title VII of the 1964 Civil Rights Act, the court grants the university's motion to strike references to the professor's 2017 denial of tenure and allegations predating Nov. 20, 2020, but denies it to strike his allegation the Department Faculty Evaluation Committee denied his promotion to full professor in 2023.
Court: USDC Northern District of West Virginia, Judge: Kleeh, Filed On: March 26, 2024, Case #: 1:22cv153, NOS: Employment - Civil Rights, Categories: Civil Rights, Education, Employment Discrimination
J. Kugler allows plaintiffs to continue certain claims contending that in-vehicle infotainment systems failed to provide "seamless navigation" or "extra safety" as advertised. The drivers hail from six different states, and choice-of-venue determinations could directly impact the certifiability of the proposed class action. Meanwhile, plaintiffs sufficiently alleged under state law that they had been sold defective software systems without their knowledge.
Court: USDC New Jersey, Judge: Kugler , Filed On: March 26, 2024, Case #: 1:23cv1897, NOS: Motor Vehicle Product Liability - Torts - Personal Injury, Categories: Unfair Competition, Choice Of Law, False Advertising