280 results for 'filedAt:"2023-09-28"'.
J. Easterbrook finds that the lower court properly dismissed the attorney's suit against the Illinois Supreme Court for issuing an order suspending him for "dishonestly" holding himself out as licensed to practice law in Illinois. The court lacks jurisdiction to review the state Supreme Court's decision, and there is no merit to the claim that every single district court judge in Illinois is disqualified because he or she has a law license and is potentially subject to the authority of the state Supreme Court. The attorney has 14 days to show why he should not be subject to sanctions for this frivolous suit. Affirmed.
Court: 7th Circuit, Judge: Easterbrook, Filed On: September 28, 2023, Case #: 22-3222, Categories: Defamation, Jurisdiction, Attorney Discipline
J. Boardman grants summary judgment to Subaru on a renter’s product liability claims alleging that his left hand was severely injured when the Subaru Outback he was driving deployed its airbags. The driver’s theory does not point out a precise defect in the airbag system, and his expert did not pick one out either, so the system was reasonably safe, not defective.
Court: USDC Maryland, Judge: Boardman, Filed On: September 28, 2023, Case #: 8:20cv2164, NOS: Motor Vehicle Product Liability - Torts - Personal Injury, Categories: Vehicle, Negligence, Product Liability
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. Osteen dismisses the remaining claims, for lack of subject matter jurisdiction, brought by a former employee who says he was cheated out of his pension after his employer merged with another, larger firm. The entities the retiree sues are not proper parties to his ERISA claims.
Court: USDC Middle District of North Carolina, Judge: Osteen, Filed On: September 28, 2023, Case #: 1:21cv274, NOS: Employee Retirement Income Security Act (ERISA) - Labor, Categories: Civil Procedure, Pensions, Jurisdiction
J. Bates grants a motion to dismiss filed by a Hungarian asset management company, a university and three art museums on a family's action to recover an art collection that was seized during the Holocaust. The family fails to show Germany was responsible for the takings, and, if their predecessors were stateless at the time of the seizure, the family cannot show the state's taking was a violation of the international law of expropriation for jurisdictional purposes.
Court: USDC District of Columbia, Judge: Bates, Filed On: September 28, 2023, Case #: 1:10cv1261, NOS: Other Personal Property Damage - Torts - Personal Property, Categories: Civil Procedure, Property, Immunity
J. McElroy allows plaintiff to continue false arrest and malicious prosecution claims concerning his arrest for the 1988 murder of a 10-year-old girl because plaintiff sufficiently pleaded the arrest warrant included false and/or misleading statements and that he has suffered damaged due to the arrest, even after charges were dropped.
Court: USDC Rhode Island, Judge: McElroy, Filed On: September 28, 2023, Case #: 1:21cv46, NOS: Civil Rights - Habeas Corpus, Categories: Malicious Prosecution
J. Maldonado partially grants a freight company’s motion for summary judgment on one of its former employees’ sexual harassment, hostile work environment and retaliatory termination claims. The former employee, a man, claims one of his male coworkers repeatedly made unwanted advances on him until eventually he snapped and asked if his coworker was a “f*****.” The court finds the former employee has plausibly alleged sexual harassment and hostile work environment, but finds the company was justified in firing him for using a homophobic slur while on the clock.
Court: USDC Northern District of Illinois, Judge: Maldonado, Filed On: September 28, 2023, Case #: 1:18cv3733, NOS: Employment - Civil Rights, Categories: Civil Rights, Employment Discrimination, Employment Retaliation
J. Kindred grants in part commercial salmon fishing organizations' motion for interim attorney fees regarding a dispute with the federal government over the commercial fishing management of federal waters. The organizations were granted summary judgment and the matter was remanded for further proceedings. The government does not dispute that an award is appropriate, but objects to an award that includes fees for work performed in prior proceedings. As the prevailing party, the organizations are awarded $336,692 in attorney fees.
Court: USDC Alaska, Judge: Kindred, Filed On: September 28, 2023, Case #: 3:21cv255, NOS: Other Statutory Actions - Other Suits, Categories: Environment, Attorney Fees
J. Milkey affirms the denial of a sex offender’s motion to vacate his level three sex offender classification and grant him a new hearing based on allegedly having received ineffective counsel. Too much time has passed since he was classified and received counsel for him to make this appeal, when he could instead apply for reclassification based on changed circumstances.
Court: Massachusetts Court Of Appeals, Judge: Milkey, Filed On: September 28, 2023, Case #: 22-P-66, Categories: Administrative Law, Due Process, Assault
J. Hall rules in favor of the insurer in a breach of contract and declaratory judgment action brought by the insureds in a dispute arising out of two policies issued to the insureds before and during the Covid-19 pandemic. The insureds alleged that sub-limits for communicable disease provisions in the policies apply on a per-location basis rather than globally. The policy sub-limits unambiguously apply globally and the insurer has paid out the maximum amount of coverage due under the policies.
Court: USDC Southern District of Georgia, Judge: Hall, Filed On: September 28, 2023, Case #: 1:21cv19, NOS: Insurance - Contract, Categories: Insurance, Covid-19, Contract
Per curiam, the Supreme Judicial Court of Massachusetts affirms the denial of an application to vacate an involuntary commitment order. The applicant fails to give a reasonable explanation of why he hasn’t filed his appeal with the appellate division of the district courts. His rationale is that it would take too long, but he fails to acknowledge that he has the option to request an expedited review of his appeal.
Court: Massachusetts Supreme Court, Judge: Per curiam, Filed On: September 28, 2023, Case #: SJC-13337, Categories: Administrative Law, Commitment, Jurisdiction
J. Crothers dismisses an appeal from a district court order denying a wife's petition for a disorderly conduct restraining order in a long-running continuation of suits between parties in a divorce proceeding. The husband lacks standing to appeal the favorable order because he prevailed in the district court and he also raised unappealable issues concerning an interlocutory order and motions that he, as a vexatious litigant, did not have court authorization to file.
Court: North Dakota Supreme Court, Judge: Crothers , Filed On: September 28, 2023, Case #: 2023ND183, Categories: Family Law
J. Varholak denies reconsideration in claims concerning cancellation of a subcontract under which an ambulance service had been sent to Mississippi to help with hurricane relief on grounds that one squad member's service dog was not allowed, as plaintiff plausibly alleged defendant intended to employ him.
Court: USDC Colorado, Judge: Varholak, Filed On: September 28, 2023, Case #: 1:22cv661, NOS: Other Contract - Contract, Categories: Contract
J. Morrison preserves class action false advertising claims against the makers of Nordic Naturals-brand vitamins and supplements that allege the product’s brand name, displayed prominently on the products’ packaging, misleads consumers into believing they contain natural ingredients when a substantial number of ingredients are synthetic. The court finds that the use of the name “naturals” could be deceiving to a reasonable consumer.
Court: USDC Eastern District of New York, Judge: Morrison, Filed On: September 28, 2023, Case #: 1:22cv3195, NOS: Truth in Lending - Torts - Personal Property, Categories: Consumer Law, Class Action, False Advertising