234 results for 'filedAt:"2023-09-27"'.
J. Blakey partially grants a spinal implant manufacturer's motion to dismiss a product liability suit brought by a patient whose implant collapsed inside her. The court allows the patient's strict liability, failure to warn and manufacturing defect claims against the manufacturer to survive, but dismisses her spoliation claim. Contrary to plaintiff's assertion, the court finds that the manufacturer simply taking possession of the patient's implant after it had been extracted does not in and of itself constitute spoliation.
Court: USDC Northern District of Illinois, Judge: Blakey, Filed On: September 27, 2023, Case #: 1:22cv6049, NOS: Personal Injury - Health Care/Pharmaceutical Personal Injury/Product Liability - Torts - Personal Injury, Categories: Health Care, Product Liability
J. Watkins denies the state's motion for rehearing on a previous opinion granting defendant a new trial on two counts related to smuggling of persons. The state failed to prove that two of the smuggled passengers were juveniles. Reversed in part.
Court: Texas Courts of Appeals, Judge: Watkins, Filed On: September 27, 2023, Case #: 04-22-00333-CR, Categories: Smuggling
J. Birzer grants a vape shop's motion to leave to amend a third- party complaint against a messaging platform. The vape shop sufficiently showed in court that the messaging platform, a third party vendor, sent promotional texts on its behalf.
Court: USDC Kansas, Judge: Birzer, Filed On: September 27, 2023, Case #: 2:22cv2293, NOS: Other Statutory Actions - Other Suits, Categories: Communications, Consumer Law, Class Action
J. Lucas finds that the trial court improperly granted a homeowners' association dismissal of negligence claims contending that work on a drainage ditch caused foundation issues to plaintiffs' homes because plaintiffs established that work performed on the ditch substantially caused the damage. Reversed.
Court: Florida Courts Of Appeal, Judge: Lucas, Filed On: September 27, 2023, Case #: 2D22-3068, Categories: Property, Negligence, Contract
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J. Jackson finds a lower court properly dismissed a family's declaration of death claims against a hospital. The family argued that their decedent, who was punched in the side of his head by another bar patron, which resulted in his death, was not considered as deceased when his brain stem died. However, the hospital presented sufficient evidence in court that the brain stem controls all essential bodily functions, even though a respirator has the function to artificially sustain life. Affirmed.
Court: Her Majesty's Court of Appeal, Judge: Jackson, Filed On: September 27, 2023, Case #: CA-2023-1805, Categories: Family Law, Health Care, Wrongful Death
J. Weissmann finds that the trial court properly expunged juvenile delinquency records but declined to expunge child welfare records concerning a four-year stretch in which plaintiff, now 23, molested his sisters beginning when he was 10 years old. Affirmed.
Court: Indiana Court Of Appeals, Judge: Weissmann, Filed On: September 27, 2023, Case #: 23A-XP-636, Categories: Juvenile Law
J. Blake denies a chiropractic practice’s motion for summary judgment following insurance fraud claims brought by State Farm. Allegedly, the practice billed for its own standard of treatment by reporting the same patient conditions, treatment plans and results for each person instead of individualized treatment even though their medical records stated otherwise. The practice did this between 2006-2016. State Farm initially investigated the practice in 2013 but failed to find evidence of fraud. They investigated again in 2015 and did find such evidence. The practice argues that because evidence of fraud was present in 2013 but State Farm didn’t find it, when State Farm initiated this suit in 2018, it should have been time-barred. But since State Farm did not find fraud until 2015, its 2018 suit is not barred. There is still room for reasonable disagreement, so summary judgment cannot be granted at this stage.
Court: USDC Maryland, Judge: Blake, Filed On: September 27, 2023, Case #: 1:18cv1279, NOS: Other Fraud - Torts - Personal Property, Categories: Fraud, Insurance, Contract
J. Cogburn grants a police officer’s motion for summary judgment in a suit brought against him by a driver alleging he used excessive force after he pulled her over for suspected drunk driving. Although the officer applied a breathalyzer and field sobriety tests, which were positive for alcohol content, the charges of driving while impaired and reckless driving were dropped. When he tried to arrest her for drunk driving, she refused until he used an arm-bar takedown technique to get her on the ground to handcuff her. The driver claims she suffered multiple injuries as a result, including herniation of spinal discs, a black eye, and cuts and bruises all over her face, breasts, legs, and back. Although the driver invokes her Fourth and Eighth Amendment rights, they fail in the face of the officer’s state sovereign and qualified immunities.
Court: USDC Western District of North Carolina, Judge: Cogburn, Filed On: September 27, 2023, Case #: 1:21cv166, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Constitution, Tort
J. Cox finds that the trial court should not have denied an insurer's motion for summary judgment on a homeowner's claim that he was run over by the insured's employee who was driving to the house to perform painting work. In this case, the insurance policy specifically excludes coverage of any incident resulting in bodily injury that arises from the use or operation of a vehicle, regardless of who owned or operated the vehicle. Reversed.
Court: Louisiana Court Of Appeal, Judge: Cox, Filed On: September 27, 2023, Case #: 55,167-CW, Categories: Insurance, Contract
J. Gladwin finds that the circuit court improperly ordered that one of the children remain in foster care. Although the dependency-neglect finding is proper as to one of the children since the father committed sexual abuse and the mother took no action to stop it, statute requires that in considering disposition alternatives, the court “shall give preference to the least restrictive disposition consistent with the [child's] best interest.” The court did not make “any findings as to adjudication.” Because the court declined to adjudicate the child dependent-neglect, it cannot jump to the disposition alternative of foster care. Reversed in part.
Court: Arkansas Court Of Appeals, Judge: Gladwin , Filed On: September 27, 2023, Case #: CV-23-150, Categories: Family Law, Guardianship
J. Walker finds that the lower court improperly awarded the petitioner $55,000 in attorney fees pursuant to a statutory lien. The attorney could not claim a lien on the settlement proceeds because the plaintiffs did not hire him to represent them. Reversed.
Court: Illinois Appellate Court, Judge: Walker, Filed On: September 27, 2023, Case #: 211323, Categories: Tort, Attorney Fees
J. Pagan finds the trial court erred by determining that a discovery letter, when considered in the context of other information, provided sufficient notice. “Defendant’s presumed awareness of the state’s intention to rely on the interviews did not relieve state of its express statutory obligation to provide timely notice of the state’s intention to offer the statement and the particulars of the statement.” Reversed.
Court: Oregon Court of Appeals, Judge: Pagan, Filed On: September 27, 2023, Case #: A174920, Categories: Evidence
Per curiam, the Supreme Court of Ohio grants, in part, an individual's motion for a writ of mandamus, ruling he is entitled to camera footage and other public records the warden failed to provide and that are not exempt from disclosure under the Ohio Public Records Act. Additionally, the warden's failure to provide the public records and his improper responses to the initial requests entitles him to $3,000 in statutory damages.
Court: Ohio Supreme Court, Judge: Per curiam, Filed On: September 27, 2023, Case #: 2023-Ohio-3399, Categories: Public Record, Damages
J. Stephens finds that defendant was properly sentenced to 60 years on his guilty plea to manslaughter and obstruction of justice. The trial court took defendant's lengthy criminal history into consideration as well as the deliberate cruelty of stabbing the victim, whom he had been raised with, in the chest with a knife. Further, the PSI showed that defendant would have been considered a fourth felony offender and would have been exposed to the possibility of a life sentence if sentenced as a habitual offender. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Stephens, Filed On: September 27, 2023, Case #: 55,265-KA, Categories: Obstruction, Manslaughter
J. Kelly finds that the trial court properly ruled to terminate a mother's parental rights to her four children. The evidence shows that the mother failed to comply with court orders to preserve her parental rights. Such facts sufficiently establish that it is in the best interest of her children to be removed from her care. Affirmed.
Court: Texas Courts of Appeals, Judge: Kelly, Filed On: September 27, 2023, Case #: 03-23-00243-CV, Categories: Family Law
J. Cogburn grants an automobile association’s motion for summary judgment following wrongful denial of severance benefits allegations brought by a former vice president of talent development. The association recruited the VP to work internally in HR, which was a specialty of hers. However, after she relocated her family from Charlotte to San Antonio for the job, the association allegedly assigned her tasks vastly different than the ones they had initially discussed. After switching her job positions twice during her six weeks of employment, the association fired her. According to the severance plan, the VP was not qualified to receive any because it fired her due to negative job performance, which does not qualify for severance.
Court: USDC Western District of North Carolina, Judge: Cogburn, Filed On: September 27, 2023, Case #: 3:22cv146, NOS: Employee Retirement Income Security Act (ERISA) - Labor, Categories: Employment, Erisa
J. Shorr finds the trial court properly denied a timber company’s petition for a statutory way of necessity over state-owned land and awarding attorney fees to the Department of Forestry. “Based on the record, the trial court could reasonably conclude that defendant articulated a reasoned explanation for withholding consent to the petition, and thus did not act arbitrarily and capriciously as a matter of law.”
Court: Oregon Court of Appeals, Judge: Shorr, Filed On: September 27, 2023, Case #: A167397, Categories: Property, Attorney Fees
J. Chutich finds that the appeals court improperly overturned the trial court's ruling in favor of the individual in a defamation action brought by the dance teacher after the individual made a Facebook post accusing him and two other instructors of sexual assault. The appeals court incorrectly found that the individual's post involved a matter of private concern. The post involved a matter of public concern in the context of the #MeToo movement and a desire to discuss sexual assault in the local dance community, therefore the individual's statement is entitled to heightened protection under the First Amendment. The case is remanded for the trial court to determine the veracity of the post and, if the post is found to be false, whether it was made with actual malice. Reversed.
Court: Minnesota Supreme Court, Judge: Chutich, Filed On: September 27, 2023, Case #: A21-1531, Categories: Defamation, First Amendment