120 results for 'filedAt:"2023-07-11"'.
J. Broomes rules the son of a deceased father, who suffered a stroke and died inside of a VA hospital, may pursue personal injury claims and damages against the government. The son, the administrator of his deceased father's estate, sufficiently showed that he is entitled to damages in excess of the statutory cap.
Court: USDC Kansas, Judge: Broomes, Filed On: July 11, 2023, Case #: 6:20cv1372, NOS: Personal Injury - Medical Malpractice - Torts - Personal Injury, Categories: Negligence, Wrongful Death
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J. Sykes finds the lower court properly dismissed a class action against Google and the University of Chicago over the university medical center's sharing of anonymized patient data with the tech giant as part of a research effort to develop software capable of anticipating patients' future healthcare needs. The inpatients failed to plausibly allege they suffered any concrete injury as a result of the data-sharing, and the patient signed a release approving the university's use of his medical information for approved research purposes. Affirmed.
Court: 7th Circuit, Judge: Sykes, Filed On: July 11, 2023, Case #: 20-3134, Categories: Health Care, Privacy, Class Action
J. Azrack grants a self-represented litigant’s motion to proceed in forma pauperis, but subsequently dismisses his employment discrimination and wrongful termination suit brought against SUNY — Stony Brook School of Dental Medicine. The court finds his complaint is filled with excessively vague and ambiguous allegations, which deprived the defendants fair notice to adequately respond.
Court: USDC Eastern District of New York, Judge: Azrack, Filed On: July 11, 2023, Case #: 2:23cv66, NOS: Employment - Civil Rights, Categories: Employment Discrimination
J. Huffman finds that the trial court gave defendant a public trial, maintained the integrity of the jury and relied on sufficient evidence to convict her of murder, elder abuse, theft and perjury. Affirmed.
Court: California Courts Of Appeal, Judge: Huffman, Filed On: July 11, 2023, Case #: D080917, Categories: Murder, Due Process, Elder Abuse
J. Chesney dismisses trademark claims against Reddit brought by a user who started the “WallStreetBets” subreddit and subsequently tried to trademark “WallStreetBets.” The user claims Reddit suspended his account for attempting to monetize the community and then filed its own paperwork to register the “WallStreetBets” mark. His claims fail because Reddit is the one providing the online forum where that phrase is being used in the first place, and the mark is also simply not famous enough to warrant any special protections.
Court: USDC Northern District of California, Judge: Chesney, Filed On: July 11, 2023, Case #: 3:23cv686, NOS: Trademark - Property Rights, Categories: Trademark
J. Collins finds that the trial court, which refused to resentence defendant, was not required to vacate his second-degree murder conviction based on the jury's rejection of a special circumstance that the murder happened during a robbery. A valid theory of murder applies. He directly aided and abetted murder with malice aforethought by disconnecting a phone line at the murder scene and then telling the shooter to "kill him, kill him." Affirmed.
Court: California Courts Of Appeal, Judge: Collins, Filed On: July 11, 2023, Case #: B317896, Categories: Murder, Sentencing, Accomplice Liability
J. Albregts denies a hotel customer’s motion to appoint interim class counsel in this suit alleging certain Las Vegas hotels used a common third-party algorithm to artificially inflate hotel prices. There are no competing lawsuits or firms creating a need to clarify responsibility for class interest protection. The court stays discovery, but in finding that the parties’ discovery plan contains deficiencies, it denies the joint plan without prejudice.
Court: USDC Nevada, Judge: Albregts, Filed On: July 11, 2023, Case #: 2:23cv140, NOS: Antitrust - Other Suits, Categories: Antitrust, Discovery, Class Action
[Consolidated.] J. Graves finds the trial court properly convicted defendant for conspiracy and transporting undocumented immigrants resulting in serious bodily injury and death, applying an enhancement for involuntarily detaining a migrant through threat or coercion. Though error is found, being the immigrant who survived the car crash testified that defendant continued driving after he asked him to stop while eluding law enforcement, this involuntary detainment was not by threat or coercion. Still, defendant fails to show the error was plain since he did not object. Defendant provides no case law showing why the enhancement should not apply. Affirmed.
Court: 5th Circuit, Judge: Graves, Filed On: July 11, 2023, Case #: 22-50285, Categories: Immigration, Vehicular Homicide, Human Trafficking
J. St. Eve finds that the lower court properly found for the police officers on a man's unlawful entry and excessive force claims stemming from a wellness check where police Tased him twice and gave him a concussion. A jury reasonably found that exigent circumstances justified warrantless entry through the doorway due the man's violence towards his mother and lack of cooperation with police. Affirmed.
Court: 7th Circuit, Judge: St. Eve, Filed On: July 11, 2023, Case #: 22-2757, Categories: Civil Rights, Immunity, Police Misconduct
J. Pirtle finds the county court properly denied defendant’s motion for postconviction relief without evidentiary hearing regarding his convictions for motor vehicle homicide, manslaughter, driving under the influence causing serious bodily injury and refusal to submit to a breath test. All evidence supports the convictions. The record shows that defendant would not have been found incompetent, so his counsel was not ineffective for failing to seek evaluation. Defendant’s appellate counsel was not ineffective for failing to raise the claim on direct appeal, so the claim was properly denied. Affirmed.
Court: Nebraska Court Of Appeals, Judge: Pirtle, Filed On: July 11, 2023, Case #: A-22-716, Categories: Competence, Ineffective Assistance, Vehicular Homicide
J. Wilder-Doomes denies a request by an embattled Louisiana nursing home operator seeking to withdraw deposition statements made in August 2022 to a bank suing him for defaulting on substantial loans. The businessman unsuccessfully argued he has been mentally incompetent from pain and treatment with opioids since a major dental surgery in June 2021 and he has been unable to “concentrate or engage in a social conversation, much less a business communication.” The declarations by the businessman and his wife were contradicted by live testimony and lack credibility. His incompetency defense has been rejected in other pending suits. He also claims his attorney abandoned him.
Court: USDC Middle District of Louisiana, Judge: Wilder-Doomes, Filed On: July 11, 2023, Case #: 3:21cv680, NOS: Negotiable Instrument - Contract, Categories: Discovery, Banking / Lending
J. McFarland grants, in part, the city's motion to dismiss, ruling the Asian firefighter's failure to exhaust his administrative remedies through the EEOC bars his hostile work environment claims. However, because the firefighter was qualified for the promotions he sought but were eventually given to non-disabled, non-minority employees, he has established a viable discrimination claim.
Court: USDC Southern District of Ohio, Judge: McFarland, Filed On: July 11, 2023, Case #: 1:22cv652, NOS: Employment - Civil Rights, Categories: Civil Procedure, Employment Discrimination
J. Hicks affirms a bankruptcy court ruling against a Kansas contractor, holding that non-debtor litigants in Kansas City did not violate the lower court’s order by filing suit in a Kansas state court to determine certain interests and rights in land ownership. Because the non-debtors did not violate the bankruptcy court’s stay order, there is no legal basis to find the Kansas litigation is legally void. Affirmed.
Court: USDC Western District of Louisiana , Judge: Hicks, Filed On: July 11, 2023, Case #: 5:22cv5769, NOS: Bankruptcy Appeal 28 USC 158 - Bankruptcy, Categories: Bankruptcy, Civil Procedure, Property
J. Richardson grants the individual defendant's dismissal motion in this lawsuit alleging religion-based discrimination and retaliation under the Tennessee Human Rights Act and fraud under Tennessee law. The individual defendant, who is the alleged president of the defendant company, "cannot be held liable for discrimination or retaliation under the THRA." Also, the employee's complaint fails to adequately plead a fraud claim against the individual executive.
Court: USDC Middle District of Tennessee , Judge: Richardson, Filed On: July 11, 2023, Case #: 3:21cv923, NOS: Employment - Civil Rights, Categories: Civil Procedure, Employment, Employment Discrimination
J. Bowler allows a widow’s motion for leave to file a second amended complaint against an engineering company which allegedly exposed her late husband to asbestos, leading to his illness and death. While the company tries to use the Jones Act as a rationale for why the amendment should not be allowed, neither the Jones Act nor the Death on the High Seas Act apply in this case because the engineering company was not the decedent’s employer and his injuries were contributed to by multiple bad actors, making them indivisible injuries.
Court: USDC Massachusetts, Judge: Bowler, Filed On: July 11, 2023, Case #: 1:20cv12270, NOS: Asbestos Personal Injury Product Liability - Torts - Personal Injury, Categories: Maritime, Wrongful Death, Asbestos