159 results for 'filedAt:"2024-04-18"'.
J. Summerhays awards $248,000 to a deckhand on a shrimp boat against the vessel’s owner for injuries sustained in an allision. The employer deliberately failed to investigate the seaman’s injury claim that the captain of the boat had been drinking and the vessel was traveling at approximately 40 mph when it struck an oil platform. The employer also failed to respond to the injured seaman’s suit and “callously” failed to provide the injured deckhand with medical benefits and living expenses during his recovery.
Court: USDC Western District of Louisiana , Judge: Summerhays, Filed On: April 18, 2024, Case #: 6:19cv1442, NOS: Marine - Contract, Categories: Employment, Maritime, Damages
J. Cain denies summary judgment to four corrections officers on excessive force claims by an inmate who they say has a history of violent and defiant behaviors and expressing homicidal ideation. A prison video over his cell suggests he “may have taken one step for one second outside of his cell; it does not show that he was attempting an escape or that he completely walked out of his cell.” The video does not show what occurred inside Cell 13, nor is there audio to determine if the inmate was ordered back into his cell.
Court: USDC Western District of Louisiana , Judge: Cain, Filed On: April 18, 2024, Case #: 2:20cv1042, NOS: Other Civil Rights - Civil Rights, Categories: Constitution, Police Misconduct
J. Currault grants a request by a woman injured in a traffic accident with the driver of a truck owned by a holding company, compelling disclosure of the individual owners of all members of its limited liability corporations. The holding company’s responses are insufficient, and the citizenship of the truck’s owners is a “fundamental threshold issue” that must be addressed. “Although this may be a case in which sealing the identities of upstream owners may be justified,” the holding company must provide the litigant with a redacted list of individuals or entities.
Court: USDC Eastern District of Louisiana , Judge: Currault, Filed On: April 18, 2024, Case #: 2:22cv480, NOS: Motor Vehicle - Torts - Personal Injury, Categories: Civil Procedure, Tort, Discovery
J. Dimke grants the Belgian ice cream producer's second motion for default judgment for its complaint that the manufacturing company used a wrongfully obtained patent on ice-molds and related products, which caused non-party Amazon to remove the Belgian ice cream producer's "Combo Mold" product from its listings because of reports that the Belgian ice cream producer infringed on its own product. The manufacturing company's patents are invalid, because the Belgian ice cream producer has sold its Combo Mold since June 2015 and its Four Sphere Mold since August 2018, while the manufacturing company applied for design patent protection on Sep. 30, 2020 for seemingly identical product designs.
Court: USDC Eastern District of Washington, Judge: Dimke, Filed On: April 18, 2024, Case #: 2:22cv29, NOS: Patent - Property Rights, Categories: Patent
J. Stadtmueller rules in part for the estate in wrongful death and negligence claims. The mother may only proceed without legal representation if she is the sole beneficiary of the decedent's estate, and she must file proof with the court to demonstrate such. Meanwhile, negligent medical care claims must be dismissed since they were not timely filed.
Court: USDC Western District of Wisconsin, Judge: Stadmueller, Filed On: April 18, 2024, Case #: 2:24cv348, NOS: Other Civil Rights - Civil Rights, Categories: Civil Procedure, Negligence, Wrongful Death
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. Abele finds that the lower court properly granted the board of commissioners' motion for summary judgment. It did not breach its duty of care to the residents whose home was damaged by a sewer backup that developed quickly and was unclogged nearly as soon as the city became aware of the issue. Although the sewer line had become clogged in the past, the residents presented no evidence the city knew of any deterioration or defects that would have required it to take preventive action before another clog developed, and so it cannot be held responsible for property damage. Affirmed.
Court: Ohio Court Of Appeals, Judge: Abele, Filed On: April 18, 2024, Case #: 2024-Ohio-1569, Categories: Evidence, Government, Negligence
J. Kim grants, in part, a woman’s motion to compel a county’s deposition and production of documents in her excessive force case. Certain requested information, such as complaints made against local police officers, where the city started disciplinary actions against officers who used excessive force and investigations into officers' use of force, is relevant to her case.
Court: USDC Eastern District of California, Judge: Kim, Filed On: April 18, 2024, Case #: 2:22cv1936, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Discovery
J. Conley denies health care providers' motion to dismiss an estate's claims. A man hung himself with a bedsheet and died in his cell, while in the custody of the county jail. The estate filed a lawsuit against the court, jail employees, and healthcare providers who treated the decedent, but later amended the complaint to include additional health care providers. The providers motioned to dismiss the matter claiming the estate did not exercise due diligence in identifying all of the decedent's health care providers, and that it exceeded the statute of limitations when it amended the complaint to name them. It is possible that the amended complaint was timely filed.
Court: USDC Western District of Wisconsin, Judge: Conley, Filed On: April 18, 2024, Case #: 23cv167, NOS: Personal Injury - Health Care/Pharmaceutical Personal Injury/Product Liability - Torts - Personal Injury, Categories: Health Care, Tort, Negligence
J. Stadtmueller grants a union’s motion to enforce a settlement agreement which the parties entered into by email. The plumbing company argues that the terms of the settlement agreement in the email are not what it agreed to, as the email specified a limited release of claims through a specified date, where the company wanted a release of all claims, including those after the date. The instant court finds there was no communication to that effect, and that the parties had agreed upon the limited release via the email which is found to be an enforceable settlement agreement.
Court: USDC Eastern District of Wisconsin, Judge: Stadtmueller, Filed On: April 18, 2024, Case #: 2:23cv616, NOS: Labor/Management Relations - Labor, Categories: Settlements, Labor / Unions