1,071 results for 'cat:"Tort"'.
J. Diaz finds the lower court properly entered judgment voiding the contract between the star basketball player and his former agents. The basketball star signed an agreement with an agency after he played his final game for Duke but before he was drafted into the NBA. The agents argued that the player didn't count as a student-athlete for the purpose of the North Carolina Uniform Athlete Agents Act, which governs contracts between student-athletes and their agents. The player was still a student-athlete when he signed the contract because he had not yet left the university or signed a professional contract. Affirmed.
Court: 4th Circuit, Judge: Diaz, Filed On: May 6, 2024, Case #: 22-1793, Categories: Education, tort, Contract
J. Suddaby finds Instagram and its parent company Meta are shielded by Section 230 of the Communications Decency Act, so they are shielded by a personal injury lawsuit alleging they failed to implement safety measures to protect young users from acts of bullying, as well as refusing to remove harmful comments about the litigant, a minor, posted to an account called “nrcs.anything.”
Court: USDC Northern District of New York, Judge: Suddaby, Filed On: May 6, 2024, Case #: 3:23cv462, NOS: Other Personal Injury - Torts - Personal Injury, Categories: tort, Technology
J. Rosenthal finds that a law firm’s claims over a lawyer referral service’s practice of diverting the law firm’s prospective clients toward the referral service by purchasing the law firm’s business name and other business marks on the Google search engine can proceed against the referral service but not against an individual employee of the service. The law firm has not provided sufficient evidence of the employee’s personal involvement. A motion to dismiss the claims against the individual employee is granted without prejudice and the law firm is granted leave to amend its complaint.
Court: USDC Southern District of Texas, Judge: Rosenthal, Filed On: May 6, 2024, Case #: 4:23cv4643, NOS: Trademark - Property Rights, Categories: tort, Trademark, Business Practices
J. Broderick partially declines to approve ExxonMobil's settlement agreement reached with Pennsylvania in this consolidated action over the contamination of groundwater from various energy defendants' use of the gasoline additive methyl tertiary butyl ether. The oil company has not sufficiently explained why, as a matter of law, all monetary damages claims against it in this case are barred, or why Pennsylvania law prohibits natural resource damages.
Court: USDC Southern District of New York, Judge: Broderick, Filed On: May 6, 2024, Case #: 1:14cv6228, NOS: Property Damage Product Liability - Torts - Personal Property, Categories: Environment, Settlements, tort
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J. Young finds that the court of appeals improperly ruled against Texas State University in an injury case that was filed by an individual who was thrown from a golf cart being driven by a university employee. While the individual sued the driver and the university before the two-year statute of limitations expired under the Texas Tort Claims Act, she did not serve the university until three years after the limitations had expired. Both the action of filing a lawsuit and serving the parties involved is included in the two years allotted to plaintiffs. Because the individual failed to meet that standard, the claims against the university should be dismissed. Reversed.
Court: Texas Supreme Court, Judge: Young, Filed On: May 3, 2024, Case #: 22-0291, Categories: Civil Procedure, Government, tort
Per curiam, the Nebraska Supreme Court finds the district court applied irrelevant case law in finding the Department of Health and Human Services did not breach its duty of care. The foster siblings allege the department breached its duty by placing them with a foster parent who sexually assaulted them. The department's argument relied on an inmate wrongful death-based case establishing tort claims exemption for the state for “[a]ny claim arising out of assault [or] battery.” The court found that another case, involving foster placement and assault applied, ruling the siblings did not provide sufficient evidence to prove the breach. The sovereign immunity analysis cannot focus only on the state's alleged negligence, ignoring that it allowed the assault to occur. Vacated in part.
Court: Nebraska Supreme Court, Judge: Per curiam, Filed On: May 3, 2024, Case #: S-21-1037, Categories: tort, Immunity, Guardianship
J. Ellis partially grants the sued trading platform’s motion to dismiss the suing financial technology company’s allegations of trade secrets misappropriation. The fintech firm accuses the trading platform of violating a prior contract to market the plaintiff’s trading software, specifically a clause prohibiting reverse-engineering the software. The court finds the fintech firm has sufficiently stated claims under the Illinois Trade Secrets Act and federal Defend Trade Secrets Act, but that these same claims preempt allegations of tortious interference with economic advantage, unfair competition, fraud and unjust enrichment.
Court: USDC Northern District of Illinois, Judge: Ellis, Filed On: May 2, 2024, Case #: 1:23cv14192, NOS: Defend Trade Secrets Act of 2016 (DTSA) - Property Rights, Categories: Fraud, Trade Secrets, tort
J. Elrod finds the district court improperly dismissed the flight attendants' injury claims as time-barred. The Texas Supreme Court answers certified questions confirming that certain civil practice and remedies code applies to invoke a prior district court’s subject matter jurisdiction with proper pleading. The code applies here where the Dallas district court dismissed the previous action for lack of jurisdiction and this second action was filed within 60 days after the flight attendants exhausted all appeals from that dismissal. Reversed.
Court: 5th Circuit, Judge: Elrod, Filed On: May 2, 2024, Case #: 22-20317, Categories: Employment, tort, Negligence
Per curiam, the appellate division finds that the lower court properly granted the flooring subcontractors' motion to dismiss a personal injury suit because the worker's accident was not in connection with their work. The accident, caused when a scaffold wheel fell into an uncovered hole, occurred two weeks after the floor subcontractors left the job. Affirmed.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: May 2, 2024, Case #: 02364, Categories: Construction, tort
J. Wright finds the trial court properly entered summary judgment in favor of the wind turbine manufacturer. The dock worker fell from a man basket while unloading turbine blades from a ship and claims the manufacturer's negligent right of control over the details of the work led to his injury. The contract established the worker's employer was an independent contractor on the jobsite. The worker failed to meet his burden to establish the manufacturer controlled or had the right to control the work he was performing. Affirmed.
Court: Texas Courts of Appeals, Judge: Wright , Filed On: May 2, 2024, Case #: 09-21-00177-CV, Categories: tort, Negligence, Contract
J. Gladwin finds the circuit court properly granted the easement in favor of the industrial board. The property owner installed a gate across a roadway that had been used by the owner as well as the board to access its own aggregate materials property for more than 30 years. The board has no other means of access, with no adequate remedy of law, and will suffer irreparable harm as a result of the owner's installing the gate. The owner had been properly served and is not entitled to relief. Affirmed.
Court: Arkansas Court Of Appeals, Judge: Gladwin , Filed On: May 1, 2024, Case #: CV-23-356, Categories: Property, tort
J. Wicker finds that the trial court properly dismissed a plaintiff's driver's claim against the defendant driver in a three car collision. In this case, the defendant driver testified that he was hit from behind by a third driver and that the impact caused his car to hit the plaintiff driver's car. The police report indicated minimum damage to the front of the defendant driver's car, supporting that he was pushed into plaintiff's car, and the photographic evidence shows a strong impact between the third driver's car and the defendant driver's car. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Wicker, Filed On: May 1, 2024, Case #: 23-CA-489, Categories: Evidence, tort, Negligence
J. Yarbrough grants, in part, the fired employee's motion to compel discovery, ruling the employer must produce documents related to disciplinary investigations of other employees during the same time frame to allow the fired employee to collect comparator data.
Court: USDC New Mexico, Judge: Yarbrough, Filed On: April 30, 2024, Case #: 1:23cv113, NOS: Federal Employers’ Liability - Torts - Personal Injury, Categories: tort, Negligence, Discovery
J. Lamberth finds the Islamic Republic of Iran liable for $56,068,379.74 in compensatory damages and $168,205,139.22 in punitive damages, having already found it responsible for attacks on American servicemembers during the U.S. occupation of Iraq.
Court: USDC District of Columbia, Judge: Lamberth, Filed On: April 30, 2024, Case #: 1:17cv131, NOS: Other Personal Injury - Torts - Personal Injury, Categories: International Law, tort
J. Fitzwater finds that a patient, who claimed that a veterans’ medical center failed to notify him about aspects of his heart and lung conditions and failed to take proper steps to care for aspects of his condition, has not provide sufficient evidence to prove his claims. The patient did not provide evidence that notification would have changed his health outcome and the overall body of evidence indicates that the treatment he received either did not fall below the standard of care or was not shown to have a connection to an adverse outcome.
Court: USDC Northern District of Texas , Judge: Fitzwater, Filed On: April 30, 2024, Case #: 3:22cv982, NOS: Personal Injury - Medical Malpractice - Torts - Personal Injury, Categories: Health Care, tort, Medical Malpractice
J. Smith finds that the lower court properly entered judgment in this negligence suit arising from a car accident. The appellant argues that he should have been awarded damages after the appellee was found by the jury "to be at fault for the accident." However, the jury's finding of zero damages was not "manifestly unjust." Affirmed.
Court: Texas Courts of Appeals, Judge: Smith, Filed On: April 30, 2024, Case #: 05-23-00390-CV, Categories: tort, Damages, Negligence
J. Gleason denies Safeway's motion for summary judgment regarding a slip and fall incident. An individual alleges that he slipped and fell while walking about six feet from a cone in the store, and that the store should have put up more cones to create a wider perimeter that would have prevented him from accessing the entire wet area. The individual's testimony raises a genuine issue of fact regarding the adequacy of Safeway's warning about the wet floor area.
Court: USDC Alaska, Judge: Gleason, Filed On: April 30, 2024, Case #: 4:22cv70, NOS: Other Personal Injury - Torts - Personal Injury, Categories: tort
J. Bennett finds the lower court properly found in favor of a store in this matter of alleged premises liability, tort and workers' compensation. A sales representative was injured when a barn door track fell out of a display and struck him on the head. He filed for and received workers’ compensation from his employer, but seeks relief from the store on grounds that it was negligent in maintaining the display and created the hazardous condition that caused his injury. The lower court found the store to be a principal contractor and immune from tort liability, it also found it to be a statutory employer. As a statutory employer, it is responsible for workers’ compensation only if the primary employer cannot. Because the primary employer provided workers’ compensation to the sales representative, the store is not responsible. The lower court also found and the sales representative’s negligence claim lacked merit. The instant court finds no issue with the lower court’s findings. Affirmed.
Court: Tennessee Court of Appeals, Judge: Bennett, Filed On: April 26, 2024, Case #: M2023-00249-COA-R3-CV, Categories: tort, Premises Liability, Workers' Compensation
J. Brooks denies in part motion to dismiss a family's allegations that a five-year-old died from died from melioidosis, an infectious disease caused by a tropical bacteria called Burkholderia pseudomallei, which they allege he was exposed to by contaminated aromatherapy room spray. The product was purchased at Walmart, and later that year, Walmart recalled the product after finding the bacteria in it. The parents are already litigating a suit against Walmart, and the majority of defendants consent to transfer. Claims against some defendants are severed from claims against other defendants, and the amended complaint shall be given a new case number. This case, with the remaining defendants, shall be transferred to United States District Court for the Central District of California (Eastern Division).
Court: USDC Central District of California, Judge: Brooks, Filed On: April 26, 2024, Case #: 5:24cv870, NOS: Personal Injury - Product Liability - Torts - Personal Injury, Categories: tort, Wrongful Death
J. Gillmor denies summary judgment to the employer of a worker whose was injured when her arm was sucked into an industrial vacuum while working on board a U.S. Navy vessel. There are genuine issues of material fact as to if the worker was considered a “seaman” under the definition of the Jones Act when the injury occurred as there are questions as to if the worker’s efforts to protect the ship from corrosion should be contributed to the operation of the vessel as well as questions about the extent of the injuries and the relationship of all the parties to each other. The worker’s declarations are not a “sham” as the employer does not show how different instances of her testimony contradict each other.
Court: USDC Hawaii, Judge: Gillmor, Filed On: April 26, 2024, Case #: 1:22cv275, NOS: Other Personal Injury - Torts - Personal Injury, Categories: Employment, Maritime, tort
J. Carlos grants an insurance company’s motion for default judgment stating that it has no duty to defend or indemnify a construction company in an underlying state court matter in which a worker was severely injured when the below-ground-level trench collapsed on him. The construction company eventually stopped all communication with its counsel, opposing counsel, and the court, supporting an entry of default judgment.
Court: USDC Eastern District of Pennsylvania, Judge: Carlos, Filed On: April 26, 2024, Case #: 2:22cv4936, NOS: Insurance - Contract, Categories: Insurance, tort, Indemnification
[Consolidated.] J. Duhart finds the trial court properly struck portions of an expert witness's affidavit provided on behalf of the injured employee. The witness specifically claimed the employer knew the dangerous nature of an asphalt mixing tank and acted with deliberate intent to injure the employee, which exceeded the scope of his knowledge. Meanwhile, even though OSHA had instructed the employer to put a safety cover on the mixer, the employee failed to prove deliberate intent to injure, considering his testimony that he had worked on the machine for over eight years and did not consider it unsafe; therefore, the court properly granted the employer's motion for summary judgment. Affirmed.
Court: Ohio Court Of Appeals, Judge: Duhart, Filed On: April 26, 2024, Case #: 2024-Ohio-1617, Categories: Employment, tort, Experts
J. Byrne finds that the trial court properly ruled against a truck driver who collided with a vehicle that was disabled on the shoulder of the highway. The truck driver sued the other driver and his employer, alleging negligence due to his failure to place reflective cones behind his disabled vehicle. Despite the truck driver's arguments to the contrary, the exclusion of the on-scene trooper's testimony did not lead to an improper judgment. Affirmed.
Court: Texas Courts of Appeals, Judge: Byrne, Filed On: April 25, 2024, Case #: 03-23-00266-CV, Categories: tort, Vehicle
Per curiam, the appellate division finds that the lower court improperly denied the flooring subcontractor's motion for a property inspection in a trip and fall suit alleging a woman tripped over a vent hole in the carpet. The contractor is entitled to inspect the site of the incident giving rise to the woman's serious injuries, even if the vent cover has already been replaced. Reversed.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: April 25, 2024, Case #: 02251, Categories: Evidence, tort