119 results for 'filedAt:"2023-07-18"'.
J. Richard Nelson substantially reduces the disabled employee's total requested benefit award in his successful suit against the insurer. The insurer did not waive its ability to contest the award of future benefits under the "any occupation" standard, and the court has not reviewed anything under that standard. Benefits are granted from the time of denial through the date of this order, for 36 months, and the case is remanded to the insurer for determination of the employee's entitlement to benefits under the "any occupation" standard.
Court: USDC Minnesota, Judge: Richard Nelson, Filed On: July 18, 2023, Case #: 0:22cv91, NOS: Employee Retirement Income Security Act (ERISA) - Labor, Categories: Erisa, Insurance
J. Panuthos finds for the commissioner of internal revenue because the taxpayer failed to substantiate claims that payment from a lawsuit constituted reimbursement for expenses incurred.
Court: U.S. Tax Court, Judge: Panuthos, Filed On: July 18, 2023, Case #: 2023-23, Categories: Tax
J. Wilson finds that the trial court properly ruled in favor of the lessor on its theft and other claims against the lessee imaging company and its two members. There was sufficient evidence that the lessor was an "owner" of the MRI machine that was removed from the premises based on its "greater right to possession of the property." Affirmed in part.
Court: Texas Courts of Appeals, Judge: Wilson, Filed On: July 18, 2023, Case #: 14-21-00485-CV, Categories: Fraud, Landlord Tenant, Contract
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J. Baker finds that the trial court should not have ordered a new trial in a traffic collision case that ended with a $168,000 damages award to the injured party. Guidance by the injured party's attorney that the jury should disregard the other party's ability to pay did not create sufficient prejudice for a mistrial since there was no mention of insurance, which the trial court had ruled was off limits. Reversed.
Court: Montana Supreme Court, Judge: Baker, Filed On: July 18, 2023, Case #: DA 22-0554, Categories: Negligence
J. Fitzgerald grants the consumer $43,700 in attorney fees and $19,600 in reasonable costs for his successful claim alleging that Ford Motor breached a warranty in relation to the consumer's 2017 Ford Escape. The consumer's counsel has enough experience and the going rates are similar to attorneys in the relevant community to make the rates reasonable, but the consumer will not receive his requested $69,900 in attorney fees because eight hours that counsel included in the billing are excessive.
Court: USDC Central District of California, Judge: Fitzgerald, Filed On: July 18, 2023, Case #: 2:22cv174, NOS: Other Contract - Contract, Categories: Consumer Law, Warranty, Attorney Fees
J. Conley denies the outdoor products manufacturer's motion to dismiss the e-commerce firm's counterclaims in its lawsuit alleging the firm did not pay for thousands of camping products it provided to be sold through the firm's platform. In part because the firm has plausibly alleged that the company sold its products to Amazon despite repeatedly orally assuring during negotiations that it would not do so, its breach of contract and intentional misrepresentation counterclaims survive.
Court: USDC Western District of Wisconsin, Judge: Conley, Filed On: July 18, 2023, Case #: 3:23cv101, NOS: Other Contract - Contract, Categories: Fraud, Contract
J. Simms grants Lowe’s motion to dismiss allegations of strict liability and negligence brought by a customer when the store’s product Bird Brain Ceramic Firepot and Fuel Gel exploded and burned her. Jurisdiction prevents the customer, a citizen of Maryland, from plausibly making claims because Lowe’s is not headquartered in Maryland, she purchased the product in a Nevada Lowe’s six years before being burned and her injury occurred outside of Maryland.
Court: USDC Maryland, Judge: Simms, Filed On: July 18, 2023, Case #: 8:22cv2244, NOS: Personal Injury - Product Liability - Torts - Personal Injury, Categories: Tort, Product Liability, Jurisdiction
J. Smith finds that the lower court properly sustained the appellee's objections to the admission of certain medical provider affidavits in this personal injury lawsuit stemming from a car collision. There was no abuse of discretion with the ruling, as there was a "legitimate basis" for excluding the affidavits. Affirmed.
Court: Texas Courts of Appeals, Judge: Smith, Filed On: July 18, 2023, Case #: 05-22-00531-CV, Categories: Civil Procedure, Tort, Damages
J. Chase finds that the trial court properly determined that an insurer does not owe coverage on a property owner's claim that the insured negligently used hot torches to perform roofing work on the property, causing a fire. A crewmember for the insured conceded that hot tools and torches were used to install a flat torch down roof to the building. Under the policy's Torch Down Roofing Exclusion, the insurer owes no duty to defend or indemnify the insured for the claims asserted by the property owner. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Chase, Filed On: July 18, 2023, Case #: 2022-CA-0821, Categories: Insurance, Negligence, Contract
J. O'Brien finds that the lower court improperly denied defendant a certificate of innocence because he pleaded guilty to murder after Chicago police officers coerced a false confession from him by beating him. Defendant, who was exonerated after serving his 25-year sentence, pleaded guilty after seeing his co-defendant sentenced to 75 years in prison at a bench trial. The law does not impose a categorical bar precluding defendants who pleaded guilty from obtaining a certificate of innocence. Reversed.
Court: Illinois Supreme Court, Judge: O'Brien, Filed On: July 18, 2023, Case #: 127952, Categories: Criminal Procedure
J. Hess finds that the lower court improperly found for the landlord in a tax dispute with Old Navy, its tenant. A material issue of fact remains as to whether Old Navy knowingly waived its right to have the leased property separately assessed for real estate tax purposes. Reversed.
Court: Missouri Court Of Appeals, Judge: Hess , Filed On: July 18, 2023, Case #: ED111214, Categories: Landlord Tenant, Contract
[Consolidated.] J. Henderson reverses the trial court’s grant of summary judgment to several counties, trade groups and timber companies on their challenges to the president’s expansion of the Cascade-Siskiyou National Monument. The president has the authority to do so under the Oregon and California Railroad and Coos Bay Wagon Road Grant Lands Act. Reversed.
Court: DC Circuit, Judge: Henderson, Filed On: July 18, 2023, Case #: 20-5008 , Categories: Government, Property
[Modified.] J. Brown changes one sentence in a previously published opinion with no change in judgment. The trial court must revisit the evidence of a father's income before ruling on his request for modification of child support. And it erred in awarding attorney fees to the mother despite having disregarded evidence about the father's income. Reversed.
Court: California Courts Of Appeal, Judge: Brown, Filed On: July 18, 2023, Case #: A163825, Categories: Family Law, Attorney Fees
J. Ebel finds that the lower court improperly granted qualified immunity to police deputies after they were sued by a man who says he was arrested and thrown to the ground for criticizing the police while they were questioning his nephew about a car accident. None of the individual’s criticisms towards the police fell outside the bounds of First Amendment protections, so there was no probable cause for arrest. The officers therefore cannot be granted immunity at this stage. Reversed.
Court: 10th Circuit, Judge: Ebel, Filed On: July 18, 2023, Case #: 22-1154, Categories: Immunity, First Amendment, Police Misconduct
J. Fearing finds that the lower court improperly resentenced defendant on possession of a stolen vehicle and witness tampering convictions. The lower court did not properly consider defendant's rehabilitation during resentecning, so the matter is remanded for further proceedings to see if there is enough evidence of rehabilitation that should be considered.
Court: Washington Supreme Court, Judge: Fearing, Filed On: July 18, 2023, Case #: 39125-6-III, Categories: Sentencing
J. Elrod denies the capital murder convict’s application for a certificate of appealability, also finding the district court properly denied his motion to recuse the judge. Convenience store video clearly shows defendant pouring lighter fluid over the 76-year-old clerk, demanding money, receiving it, then lighting her on fire before calmly leaving. Associates of defendant and officer testimony support the court’s finding on defendant’s being a continuing threat and the Supreme Court has held that Texas’ capital punishment scheme regarding acts of violence constituting a continuing threat is not unconstitutionally vague. The Fifth Circuit has often reaffirmed this holding. No reasonable person would find the court’s assessment of the constitutional claims wrong or would doubt its impartiality. Affirmed.
Court: 5th Circuit, Judge: Elrod, Filed On: July 18, 2023, Case #: 22-70005, Categories: Constitution, Judiciary, Murder
Per curiam, the circuit finds that the district court improperly held that sovereign immunity barred claims concerning rules on purchasing from small power producers that allegedly preempt federal energy policies. Because the effect of the rules is ongoing, sovereign immunity does not apply, and new rules do not moot previous claims.
Court: 2nd Circuit, Judge: Per curiam, Filed On: July 18, 2023, Case #: 22-2726, Categories: Civil Procedure, Energy, Immunity
J. Woodcock denies an employee’s motion for a new trial and motion for equitable relief. There was no error in the juror selection process or the instruction of the jury, the evidence submitted to the jury sufficiently supported the jury’s verdict and there was no juror bias meriting a new trial. The verdict should not be overridden on the basis of a quantum meruit claim, because quantum meruit is meant to be ruled on by a jury. The employee failed to meet the burden of proof necessary to support her claim against her employer for unjust enrichment.
Court: USDC Maine, Judge: Woodcock, Filed On: July 18, 2023, Case #: 2:20cv12, NOS: Fair Labor Standards Act - Labor, Categories: Employment, Jury, Employment Discrimination
J. Brash finds the circuit court properly dismissed the claims in the employee's lawsuit stemming from the utility company's medical professional sharing his personal health information in circulated paper copies and on the company's intranet after the employee consulted the professional about physical and emotional issues from "constant fear" he felt that he would be infected with Covid-19 because his coworkers refused to comply with the company's mask policy. The circuit court properly concluded that the employee's negligent training and supervision claim is barred by a provision in the Wisconsin Consumer Act making the Act the exclusive remedy for such a claim against his employer, and it also properly found his invasion of privacy claim was preempted by the federal Labor Management Relations Act and his collective bargaining agreement. Affirmed.
Court: Wisconsin Court of Appeals, Judge: Brash, Filed On: July 18, 2023, Case #: 2022AP001536, Categories: Privacy, Covid-19, Labor / Unions