30 results for 'court:"USDC Western District of Arkansas "'.
J. Brooks partly grants an online business trade association's motion to limit discovery in a suit against the state on a law, paused in its enforcement, that would require social media companies to verify the age of account holders to protect minors. Limited discovery will be allowed since "extensive discovery is excessive and unnecessary."
Court: USDC Western District of Arkansas , Judge: Brooks, Filed On: March 24, 2024, Case #: 5:23cv5105, NOS: Constitutionality of State Statutes - Other Suits, Categories: Civil Rights, Constitution, Discovery
J. Hickey grants a nursing home���s motion to dismiss claims filed by a former nursing director who was unable to show her termination was due to race discrimination or that the nursing home violated the Family Medical Care Leave Act. The evidence shows the former director did not adequately perform her job duties, which is a "legitimate, nondiscriminatory reason" for firing her.
Court: USDC Western District of Arkansas , Judge: Hickey, Filed On: February 23, 2024, Case #: 1:22cv1072, NOS: Family and Medical Leave Act - Labor, Categories: Civil Rights, Employment, Employment Discrimination
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. Hickey grants a sheriff department's motion to dismiss claims of violating the constitution for using the ���Precision Immobilization Technique maneuver��� alleged by a surviving wife whose husband died in a vehicle crash, after leaving an event intoxicated, with sheriffs following after. The widow failed to give evidence that a PIT maneuver was performed by the officers, so her unconstitutional policy claim fails.
Court: USDC Western District of Arkansas , Judge: Hickey, Filed On: November 17, 2023, Case #: 1:22cv1027, NOS: Other Civil Rights - Civil Rights, Categories: Tort, Wrongful Death, Police Misconduct
J. Holmes dismisses HDI Global Specialty SE from a dispute between insurance companies regarding who should defend and indemnify a construction company in an underlying litigation. The policy associated with HDI Global was issued in Texas and the subcontractor to whom the policy was issued is located in Texas. Therefore, the law of Texas governs this policy and under Texas law the policy is unenforceable to the extent it provides additional insured coverage for the contractor's own negligence or fault.
Court: USDC Western District of Arkansas , Judge: Holmes, Filed On: November 1, 2023, Case #: 5:23cv5037, NOS: Insurance - Contract, Categories: Insurance, Choice Of Law
J. Holmes finds the patients can proceed with several claims relating to invasion of privacy and breach of fiduciary duty against a medical service provider where private individual information, such as social security numbers, was released after a cyberattack. For instance, the negligence and breach of implied contract claims are adequately pleaded.
Court: USDC Western District of Arkansas , Judge: Holmes, Filed On: November 1, 2023, Case #: 2:23cv2002, NOS: Tort Product Liability - Real Property, Categories: Tort, Privacy, Business Practices
J. Brooks grants a social media trade association���s preliminary injunction stopping a state law from taking effect that would have required social media users to verify their age and have minors receive consent from an adult before accessing the platforms. Companies argued the law is too broad to enforce, stifles freedom of speech, and does not directly translate to protecting minors from the harms of social media. "Age-gating social media platforms for adults and minors does not appear to be an effective approach when, in reality, it is the content on particular platforms that is driving the State's true concerns."
Court: USDC Western District of Arkansas , Judge: Brooks, Filed On: August 31, 2023, Case #: 5:23cv5105, NOS: Constitutionality of State Statutes - Other Suits, Categories: Communications, Constitution, Injunction
J. Brooks partly grants a contractor���s motion to be awarded attorney fees after winning a jury trial in a breach of contract suit, but reduces the amount requested to $296,000 in fees and costs.
Court: USDC Western District of Arkansas , Judge: Brooks, Filed On: July 27, 2023, Case #: 5:2cv5141, NOS: Other Contract - Contract, Categories: Jury, Attorney Fees, Contract
J. Hickey grants the state���s motion to remand its case alleging that TikTok violated the Arkansas Deceptive Trade Practices Act by providing consumer information to China. "Each of the state's claims are carefully pled pursuant to Arkansas law, and the state specifically disclaims any contention that its claims are brought pursuant to federal law." Although TikTok cites generalized federal interests in the case, this is insufficient for federal jurisdiction.
Court: USDC Western District of Arkansas , Judge: Hickey, Filed On: July 25, 2023, Case #: 1:23cv1038, NOS: Other Fraud - Torts - Personal Property, Categories: Government, Jurisdiction, Business Practices