7 results for 'cat:"Landlord Tenant" AND cat:"Tort"'.
J. Moon grants the landlord's motion to dismiss negligence claims. A tenant suffering from multiple disabilities, including bipolar disorder, severe PTSD, depression, anxiety, and a cracked skull, acquired two service dogs that reduce the effects of her disabilities. The landlord told the tenant she could not have dogs resembling pit bulls, but she did not get rid of them because she needed them to manage her disability; they were not pit bulls, and her neighbors were not abiding by a “no pets” policy. Actionable negligence requires that there must be a legal duty, a breach of that duty and resulting injury that could have been reasonably foreseen by the exercise of reasonable care and under Virginia law, tort claims cannot be rooted in violation of a contractual duty.
Court: USDC Western District of Virginia, Judge: Moon , Filed On: April 17, 2024, Case #: 3:24cv6, Categories: landlord Tenant, tort, Negligence
J. Mazzant grants summary judgment to the apartment complex owner and dismisses most of a former tenant's claims that stem from his arrest by federal agents for threatening messages he posted on social media while in Washington, D.C. on January 6, 2021. The former tenant's claim for wrongful eviction fails since the evidence indicates he "voluntarily vacated his apartment" when the apartment owner posted a notice to vacate. Also, the invasion of privacy claim fails since it was federal law enforcement who executed the search warrants and arrested the tenant at his apartment, and the apartment owner's disclosure of the tenant's rental application to the federal agents was not an "act of intrusion."
Court: USDC Eastern District of Texas , Judge: Mazzant, Filed On: January 3, 2024, Case #: 4:22cv787, NOS: Rent Lease & Ejectment - Real Property, Categories: landlord Tenant, tort, Emotional Distress
J. Lynch finds that the lower court properly dismissed negligence claims brought after an unexpected surge in hot water scalded an infant being bathed in a kitchen sink because the corporate entities that owned and maintained the apartment unit had not received notice of a dangerous condition and did not owe a duty to perform routine valve inspections. Affirmed.
Court: New York Appellate Divisions, Judge: Lynch, Filed On: December 7, 2023, Case #: 536062, Categories: landlord Tenant, tort
J. Smith finds that the lower court properly dismissed the appellant's negligence, negligence per se, trespass and nuisance claims, but improperly dismissed its contract claim, involving a lease for office and warehouse space. The tort claims at issue "belonged to the trusts" that owned the premises. The appellant's breach of contract claim, however, "is not without a basis in fact or law." Affirmed in part.
Court: Texas Courts of Appeals, Judge: Smith, Filed On: November 9, 2023, Case #: 05-22-00820-CV, Categories: landlord Tenant, tort, Contract
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J. Mazzant denies the individual's motion for summary judgment in his suit against apartment owners accused of wrongfully assisting a federal investigation of him in connection with the events of January 6, 2021, at the U.S. Capitol. The fact that the owners cooperated with federal investigators "is not alone dispositive" of any claims.
Court: USDC Eastern District of Texas , Judge: Mazzant, Filed On: August 30, 2023, Case #: 4:22cv787, NOS: Rent Lease & Ejectment - Real Property, Categories: Civil Procedure, landlord Tenant, tort