184 results for 'filedAt:"2023-06-21"'.
J. Kendall partially grants an insurance company’s motions to dismiss, sever and transfer insurance class action claims brought by a class of motorists in 47 states who totaled their vehicles and then claim to have been defrauded by the company’s negotiation policies. The court severs several of the claims and transfers a handful of others to out-of-state federal districts, but otherwise denies the dismissal motions.
Court: USDC Northern District of Illinois, Judge: Kendall, Filed On: June 21, 2023, Case #: 1:22cv1422, NOS: Insurance - Contract, Categories: Fraud, Insurance, Class Action
J. Casper allows the insurers' motion for judgment on the pleadings in a collection entity's suit under the Medicare Secondary Payer Act alleging they did not reimburse a Medicare Advantage Organization for medical expenses paid on behalf of insureds. The collection entity lacks standing to proceed with its claims since it did not plausibly allege "injury-in-fact or causation."
Court: USDC Massachusetts, Judge: Casper, Filed On: June 21, 2023, Case #: 1:22cv11271, NOS: Medicare Act - Contract, Categories: Civil Procedure, Insurance, Medicare
J. Means dismisses a doctor's defamation claims against two West Virginia-based agencies and one of its security officers after the officer allegedly reported to the hospital she worked for that, based on her online services, she was potentially distributing prescription medication as part of a scheme run by the Russian pill mob in Miami, Fla. The doctor's claims are time-barred.
Court: USDC Northern District of Texas , Judge: Means, Filed On: June 21, 2023, Case #: 4:21cv698, NOS: Other Personal Injury - Torts - Personal Injury, Categories: Health Care, Defamation
J. Howell denies rail companies' motion to dismiss a company's allegations of a multi-year price-fixing conspiracy among the four largest railroads in the country to increase the price of rail freight transport. The company, as a member of the putative class, raising the same claims against a subset of the same defendants, is entitled to the same tolling as another class member. Because the company's claims were filed within four years of the end of the tolling period, the claims are not time-barred.
Court: USDC District of Columbia, Judge: Howell, Filed On: June 21, 2023, Case #: 1:20mc8, NOS: Antitrust - Other Suits, Categories: Antitrust, Class Action
J. Cobb denies in part the US Army Corps of Engineers' motion for summary judgment regarding an environmental group's allegations that it failed to adequately respond to four FOIA requests. The dispute relates to the "operation and maintenance of two dams on the Yuba River and the impact of those dams on several fish species that are protected by the Endangered Species Act." The Corps failed to articulate what harm it might suffer from disclosing the records it withheld. The Corps are ordered to produce those materials.
Court: USDC District of Columbia, Judge: Cobb, Filed On: June 21, 2023, Case #: 1:16cv2327, NOS: Freedom of Information Act (FOIA) - Other Suits, Categories: Environment, Public Record
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J. Cobb denies in part the FBI's motion to dismiss an employee's allegations of hostile work environment and constructive discharge. The employee sufficiently alleges that her supervisors routinely made sexist comments to her, passed her over for a promotion and instead promoted a less-qualified male coworker, threatened to report her for time and attendance fraud if she complained about the discrimination, assigned her to a position beneath her qualifications, and gave her a negative performance review in which she was called "too emotional." The employee has also sufficiently alleged that she felt compelled to resign as a result of the discrimination.
Court: USDC District of Columbia, Judge: Cobb, Filed On: June 21, 2023, Case #: 1:18cv2712, NOS: Employment - Civil Rights, Categories: Employment, Employment Discrimination
J. Khouzam finds that the magistrate judge improperly recommended that the court impute a wife's income for purposes of child support on grounds that she is voluntarily underemployed because the judge improperly placed the burden of proof on the wife instead of the husband. Reversed.
Court: Florida Courts Of Appeal, Judge: Khouzam, Filed On: June 21, 2023, Case #: 2D21-3677, Categories: Family Law
J. Warner finds that the trial court improperly ruled in this dispute over homestead rights because the wife did not waive rights to her husband's property interest based on the language of the warranty deed. Reversed.
Court: Florida Courts Of Appeal, Judge: Warner, Filed On: June 21, 2023, Case #: 4D22-244, Categories: Property
J. Conner finds that the trial court improperly ruled in this insurance dispute over property damage based on the erroneous conclusion that the insurer was not required to demonstrate prejudice where homeowners breached a condition precedent to suit. Reversed.
Court: Florida Courts Of Appeal, Judge: Conner, Filed On: June 21, 2023, Case #: 4D22-411, Categories: Insurance, Property
J. Levine finds that the trial court properly ruled for a condominium complex in this dispute over a parking garage easement because the development did not have authority to transfer the easement to a third party. Affirmed.
Court: Florida Courts Of Appeal, Judge: Levine, Filed On: June 21, 2023, Case #: 4D22-2084, Categories: Property
J. Forst finds that the trial court improperly granted plaintiff leave to add punitive damages in claims contending her employer negligently hired a coworker who "brushed" against plaintiff's parked car with his vehicle after admittedly having a few drinks at lunch, as plaintiff failed to demonstrate the "dealership managing agent" was negligent in hiring her coworker. Reversed.
Court: Florida Courts Of Appeal, Judge: Forst, Filed On: June 21, 2023, Case #: 4D22-2507, Categories: Employment, Damages, Negligence
J. Boone recommends granting a city and city officials’ motion to dismiss a former baseball player’s discrimination, retaliation and contract claims related to his 25-year lease of a city-owned sports complex. He fails to show that issues over the parties' contract were due to discrimination due, in part, to the lack of allegations of direct discrimination, or that the officials showed racial animus or mentioned his race.
Court: USDC Eastern District of California, Judge: Boone, Filed On: June 21, 2023, Case #: 1:20cv1069, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Contract
J. Schumacher finds that defendant was properly denied his second application for relief from convictions for robbery and assault based on newly-discovered evidence because the fact that the state declined to prosecute another suspect would not have changed the result of defendant's trial. Affirmed.
Court: Iowa Court Of Appeals, Judge: Schumacher, Filed On: June 21, 2023, Case #: 22-1272, Categories: Evidence, Robbery, Assault
J. McFadden finds that the trial court improperly granted the seller's motion to dismiss a fraud, negligent misrepresentation and breach of contract action brought by the buyer arising from water intrusion defects in a home that were allegedly concealed by the seller. It is not clear that the inspection report put the buyer on notice of the defects such that it did not act with reasonable diligence when it went ahead with the closing. Reversed.
Court: Georgia Court of Appeals, Judge: McFadden, Filed On: June 21, 2023, Case #: A23A0471, Categories: Fraud, Contract
J. Gravois finds that a juvenile was properly adjudicated delinquent for the offense of first degree rape. The victim testified that when she was six-years old, the juvenile, who was fourteen, sexually assaulted her during a vacation trip. The victim testified that the juvenile licked her vagina and inserted his penis into her vagina. The trial judge acknowledged that both the victim's testimony at trial and her recorded interview were substantially similar. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Gravois, Filed On: June 21, 2023, Case #: 23-KA-83, Categories: Evidence, Juvenile Law, Sex Offender
J. Buller finds that a husband's petition to terminate spousal support was properly denied since he remained able to seek work despite changed circumstances. However, the husband's health and income concerns warranted a reduction in support. Affirmed.
Court: Iowa Court Of Appeals, Judge: Buller, Filed On: June 21, 2023, Case #: 22-1701, Categories: Family Law
Per curiam, the appeals court finds the child's habeas corpus petition challenging the extension of his secure detention by the state while facing charges connected to his threat on social media to carry out a school shooting must be denied. The available evidence supports the state's requested 21-day extension to the child's secure detention, including based on the need to protect public safety in light of the fact that the firearm the child brandished in a picture on social media has not been located and he may still have access to it.
Court: Florida Courts Of Appeal, Judge: Per curiam, Filed On: June 21, 2023, Case #: 23-2003, Categories: Firearms, Habeas, Threats
[Consolidated.] J. Weingart finds that a debt collector's failure to properly serve a debtor before filing a complaint violated the Rosenthal Act and deprived the trial court of jurisdiction over the the debtor, so the trial court was right to set aside a default judgment against the debtor. The debtor was entitled under the Act to attorney fees as the prevailing party. Affirmed.
Court: California Courts Of Appeal, Judge: Weingart, Filed On: June 21, 2023, Case #: B318325, Categories: Debt Collection, Attorney Fees
J. Doyle finds that the trial court properly ruled in favor of the ex-wife in an invasion of privacy, negligence and intentional infliction of emotional distress action brought by the ex-husband. The action arose after the ex-wife filmed a disagreement over whether she could take their child home with her while the ex-husband was intoxicated. The trial court correctly found that the ex-wife's decision to record the ex-husband, which was obvious to him at the time, was not egregious in light of her interest in the child's welfare. The ex-wife only shared the recording with her attorney to pursue custody modification. Affirmed.
Court: Georgia Court of Appeals, Judge: Doyle, Filed On: June 21, 2023, Case #: A23A0274, Categories: Negligence, Emotional Distress, Privacy
J. Novak partially denies the university's motion to dismiss because the alumni, who sued for discrimination after a librarian called him out for saying racial remarks to an employee, properly asserted a state law cause of action. The alumni's claim that the university violated the internal reporting requirements takes issue with the conduct of state employees carrying out their duties with a public university.
Court: USDC Eastern District of Virginia, Judge: Novak, Filed On: June 21, 2023, Case #: 3:23cv328, NOS: Education - Civil Rights, Categories: Education, Emotional Distress
J. Hornak allows a mental health counselor to pursue vicarious liability claims against the hospital that employed her while she gained clinical hours. She contends her supervisor retaliated against her for taking medical leave for anxiety and obsessive compulsive disorder by refusing to sign off on more than 2,500 experiential hours she had earned, and the hospital may be responsible for adverse employment actions imposed by the supervisor.
Court: USDC Western District of Pennsylvania, Judge: Hornak, Filed On: June 21, 2023, Case #: 2:22cv1306, NOS: Amer w/Disabilities-Employment - Civil Rights, Categories: Ada / Rehabilitation Act, Employment, Employment Retaliation