3,425 results for 'cat:"Civil Procedure"'.
J. Watkins finds that the trial court improperly granted the landlord's motion for partial summary judgment as to liability in a dispossessory action against the tenant. The trial court failed to give the tenant notice of oral arguments requested by the landlord and incorrectly allowed the landlord to withdraw its request. Vacated.
Court: Georgia Court of Appeals, Judge: Watkins, Filed On: May 8, 2024, Case #: A24A0370, Categories: civil Procedure, Landlord Tenant
J. Sands partially grants the police sergeant's and deputy's motion to dismiss a civil rights and negligence action brought by the individual after he was told he would be arrested for trespassing if he continued holding a sign outside the Georgia Department of Economic Development reading "God Bless Homeless Veterans." The individual improperly used sheriff's deputies from the same sheriff's office as the sergeant and deputy to serve them. The individual is ordered to timely serve the officers within 21 days.
Court: USDC Middle District of Georgia, Judge: Sands, Filed On: May 7, 2024, Case #: 7:23cv120, NOS: Other Civil Rights - Civil Rights, Categories: civil Procedure, Civil Rights
Per curiam, the circuit finds that the district court properly dismissed Title IX claims stemming from Columbia University's investigation of a sexual assault reported against a coed by another student. The coed's "deliberate indifference" charge failed in light of university protocols for handling allegations of peer harassment, and while she may have advocated for different procedures, Title IX did not give her the right to make particular remedial demands. Meanwhile, the court did not abuse its discretion in denying her third attempt to amend and dismissing her claim with prejudice. Affirmed.
Court: 2nd Circuit, Judge: Per curiam, Filed On: May 7, 2024, Case #: 23-960-cv, Categories: civil Procedure, Civil Rights, Education
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J. Prata finds that the trial court properly granted the town summary judgment in claims contending the town was not authorized to review a major land development application because a town resident failed to establish standing or grounds to challenge the ruling, and failed to raise claims that the town engaged in illegal contract zoning in the superior court. Affirmed.
Court: Rhode Island Supreme Court, Judge: Prata, Filed On: May 7, 2024, Case #: 22-326, Categories: civil Procedure, Zoning
J. Piper finds the lower court properly compelled arbitration to determine the proper beneficiaries of the estate's investment accounts. Although the investment company filed its indemnification claim outside the statute of limitations, the arbitrator must make the ultimate determination as to whether it has jurisdiction over the claims. Additionally, the investment company did not waive its right to arbitration when it delayed its request because it did not file any counterclaims, engage in discovery or take any other actions that could be construed as a willingness to litigate the dispute in court. Affirmed.
Court: Ohio Court Of Appeals, Judge: Piper, Filed On: May 6, 2024, Case #: 2024-Ohio-1729, Categories: Arbitration, civil Procedure, Wills / Probate
J. Lipman grants in part an apartment company’s motion for sanctions of judgment and permanent injunction against the pro se defendant in this suit alleging defamation, negligence per se and violations of Tennessee’s Consumer Protection Act. Judgment is granted for the apartment company, and a permanent injunction is issued with limitations that ensure that the individual defendant’s “First Amendment rights are protected.”
Court: USDC Western District of Tennessee , Judge: Lipman, Filed On: May 6, 2024, Case #: 2:23cv2186, NOS: Trademark - Property Rights, Categories: civil Procedure, Sanctions, Defamation
Per curiam, the appellate division finds that the trial court properly declined to disqualify a law firm from representing plaintiff in debt collection and contract claims because the record does not indicate the firm's attorneys were involved in a substantially related lawsuit. Affirmed.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: May 3, 2024, Case #: CA 23-00199 , Categories: civil Procedure, Contract
J. Easterbrook finds that the lower court improperly found for the university on a male student's sex discrimination claims stemming from its investigation of sexual assault claims against him. The student never explained what remedy he seeks, and this suit is not a live claim unless compensatory damages are available for him. Further, it remains a question whether the student is entitled to proceed anonymously in this case, as the lower court must conduct a hearing on whether the revelation of the student's name will also identify his alleged victim. Vacated.
Court: 7th Circuit, Judge: Easterbrook, Filed On: May 3, 2024, Case #: 22-2925, Categories: civil Procedure, Civil Rights, Education
J. Hanson dismisses the appeal in this dispute between property owners involving a roadway that allegedly separates the parties' properties. The contempt judgment at issue is void, as the appellee failed to properly adhere to certain precedents before seeking a judgment of contempt against the appellant. The court notes that the dismissal is without prejudice, however.
Court: Alabama Court of Civil Appeals, Judge: Hanson, Filed On: May 3, 2024, Case #: CL-2023-0421, Categories: civil Procedure, Contempt, Real Estate
J. Bourgeois denies an insurer's request to compel a property owner to provide more than a one-word denial that it filed separate damage claims two to six months after Hurricane Ida hit Louisiana in 2021. If true, the insurer’s allegations of tardiness would contradict the property owner’s breach of contract suit alleging the insurer failed to pay the amount due within 30 days after receipt of satisfactory proof of loss, as required by state law. The property owner denied both of the insurer’s requests for admissions, and the denials are “sufficient even if they are false.” However, if the insurer ultimately proves the denied matter is true, the property owner may be subject to sanctions.
Court: USDC Middle District of Louisiana, Judge: Bourgeois, Filed On: May 3, 2024, Case #: 3:23cv820, NOS: Insurance - Contract, Categories: civil Procedure, Damages, Discovery
J. Bland finds that the court of appeals improperly ruled in favor of homeowners who sued a contracting firm alleging that their work on a pipeline caused damages to their property. A jury ruled in favor of the homeowners, but two of the jurors did not join in the verdict. The contracting firm argues that because the verdict was not unanimous, the homeowners are not entitled to collect the damages. It was the homeowners' burden to secure and show that the verdict was unanimous; because that failed to happen, they cannot recover the split verdict on exemplary damages. Reversed.
Court: Texas Supreme Court, Judge: Bland, Filed On: May 3, 2024, Case #: 22-0889, Categories: civil Procedure, Jury, Damages
J. Doughty grants unopposed requests by an insurance claims adjuster and an inspection company, dismissing negligence claims filed by a manufacturer of welding products. The manufacturer fails to plausibly allege either business owed it a duty under Louisiana law related to the hiring of the two companies for damage assessments after hurricane-driven rainfall allegedly damaged 10 welding machines. The manufacturer also does not allege any fraud or intentional misrepresentation against either company and does not oppose their dismissal from the suit.
Court: USDC Western District of Louisiana , Judge: Doughty, Filed On: May 3, 2024, Case #: 1:23cv1103, NOS: Insurance - Contract, Categories: civil Procedure, Property, Damages
J. Quinn finds that the lower court improperly granted a temporary injunction in this case concerning the operation of two limited partnerships. The injunction at issue did not preserve the last "non-contested status which preceded the pending controversy." Accordingly, the injunction order was an abuse of discretion. Reversed.
Court: Texas Courts of Appeals, Judge: Quinn, Filed On: May 3, 2024, Case #: 07-23-00314-CV, Categories: civil Procedure, Business Practices
J. Brennan grants the federal government's motion to dismiss, ruling the restaurants lack standing to challenge the Small Business Administration's refusal to prosecute fraudulent recipients of Covid-19 relief funds. The relevant legislation does not require such enforcement measures. Additionally, the restaurants' claims have been mooted by the expiration of the grant period, such that even if the court were to grant them relief and require disbursement of grants, the businesses would be required to immediately return the funds to the federal government.
Court: USDC Northern District of Ohio, Judge: Brennan, Filed On: May 3, 2024, Case #: 1:21cv2361, NOS: Other Civil Rights - Civil Rights, Categories: civil Procedure, Government, Covid-19
J. Eckerle finds that grandparents were properly denied requests to bring motions for child support, discovery, and permanent custody during the period that their temporary custody was in effect because the motions were not ripe for consideration until permanent placement of their grandchild had been established. Affirmed in part.
Court: Kentucky Court Of Appeals, Judge: Eckerle, Filed On: May 3, 2024, Case #: 2023-CA-0941-ME, Categories: civil Procedure, Family Law, Discovery
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
J. Dick grants summary judgment to an insurer, dismissing breach of duty allegations by the estate and family trust of a deceased doctor that allegedly resulted in her cousin being declared the sole beneficiary of the physician’s life insurance policy. The counterclaimants concede the insurer provided the doctor with a change of beneficiary form upon her request, but she never submitted the form. They also concede her cousin was named a contingent beneficiary on the policy.
Court: USDC Middle District of Louisiana, Judge: Dick, Filed On: May 3, 2024, Case #: 3:21cv469, NOS: Insurance - Contract, Categories: civil Procedure, Insurance, Trusts
J. Trauger transfers this action to the Middle District of Florida based on the pro se plaintiff's place of residence. The complaint, which was filed against Sean "P. Diddy" Combs and other entertainment entities, fails to show a connection to the Middle District of Tennessee. Accordingly, the court concludes that venue is improper.
Court: USDC Middle District of Tennessee , Judge: Trauger, Filed On: May 3, 2024, Case #: 3:24cv158, NOS: Other Personal Injury - Torts - Personal Injury, Categories: civil Procedure, Venue