178 results for 'filedAt:"2023-10-25"'.
J. Campbell grants a bank's motion for summary judgment on contract claims brought by a consumer who argued that it failed to safeguard his checking account from a third- party scammer. The bank sufficiently showed in court that it is not obligated to protect his account from fraudulent activity after the consumer failed to show that the reversal transactions were facilitated by an automated system.
Court: USDC Arizona, Judge: Campbell, Filed On: October 25, 2023, Case #: 2:21cv2220, NOS: Other Civil Rights - Civil Rights, Categories: Fraud, Banking / Lending, Contract
J. Vratil rules a former lube technician employee may pursue associational ADA discrimination claims against his employer. The former employee sufficiently showed in court that his former supervisor terminated him from the company for taking time off to visit his wife in the hospital, who suffered brain trauma, and not for leaving without notice under the employer's job abandonment policy.
Court: USDC Kansas, Judge: Vratil, Filed On: October 25, 2023, Case #: 2:22cv2381, NOS: Amer w/Disabilities-Employment - Civil Rights, Categories: Ada / Rehabilitation Act, Employment, Employment Discrimination
J. Johnson finds that the customer can pursue her negligence and negligent misrepresentation claims against Alamo Rent a Car for renting out a vehicle that she inadvertently returned to Alamo even though she had rented the car from Budget. The customer says she called Alamo's corporate office and was assured that the car would be returned to Budget, but instead Alamo rented the car out and Budget charged the customer for failing to return the car. These allegations are sufficient to support her negligence-based claims.
Court: USDC Southern District of Mississippi , Judge: Johnson, Filed On: October 25, 2023, Case #: 3:23cv320, NOS: Other Personal Injury - Torts - Personal Injury, Categories: Fraud, Negligence
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J. Wiener finds the district court properly denied Louisiana’s motion to dissolve a 30-year-old consent decree pertaining to the method of selecting justices for the state’s supreme court and arising upon claims of Black voter dilution. Louisiana has failed to meet its evidentiary burden, which requires showing that the decree’s remedial promise will continue to exist if dissolved. No evidence has demonstrated “there is relatively little or no likelihood that the original ... violation will ... be repeated when the decree is lifted.” Affirmed.
Court: 5th Circuit, Judge: Wiener, Filed On: October 25, 2023, Case #: 22-30320, Categories: Elections, Evidence, Government
J. Brown denies the insurance companies' motion to exclude the insurer's untimely identified medical expert in her complaint seeking recovery for injuries and property damages she allegedly sustained in a motor vehicle collision. Because the insured has not yet reached maximum medical recovery, a brief continuance of the pre-trial deadlines and trial date is appropriate to allow her to complete her medical treatment, reach maximum medical recovery, and for the parties to complete discovery on damages.
Court: USDC Eastern District of Louisiana , Judge: Brown, Filed On: October 25, 2023, Case #: 2:22cv2969, NOS: Motor Vehicle - Torts - Personal Injury, Categories: Insurance, Experts, Discovery
J. Vance grants BP Exploration & Production's motion to exclude the clean up worker's general causation expert in his lawsuit alleging he was exposed to crude oil and dispersants as a result of the Deepwater Horizon oil spill in the Gulf of Mexico, leading him to suffer from a variety of health problems. The expert's "failure to identify the level of exposure to a relevant chemical that can cause the conditions asserted in plaintiff's complaint renders his opinion unreliable, unhelpful, and incapable of establishing general causation." Because the worker's only expert is excluded, the worker fails to establish general or specific causation, so his complaint is dismissed with prejudice.
Court: USDC Eastern District of Louisiana , Judge: Vance, Filed On: October 25, 2023, Case #: 2:13cv1019, NOS: Other Personal Injury - Torts - Personal Injury, Categories: Tort, Experts
J. Navarro grants the stock transfer agent’s motion to deposit funds after the stockholder filed suit alleging its and the tech company’s failure to register and transfer his shares of stock. The stockholder would have received $187,500 for shares but for the agent’s refusal to register and transfer the shares. The court awarded the stockholder damages accounting for the loss at which he sold his shares during the lawsuit as the agent distributed them. The award does not remedy the period in which the stockholder was deprived the use and value of the stock’s money, and the tech company is equally liable.
Court: USDC Nevada, Judge: Navarro, Filed On: October 25, 2023, Case #: 2:21cv2040, NOS: Stockholders’ Suits - Contract, Categories: Securities, Damages, Business Expectancy
J. Navarro grants the electronic multimeter manufacturer’s motion for a preliminary injunction during this patent infringement litigation. The functionality, input signal, and processes and types of measurement of the allegedly infringing product display similar characteristics satisfying requirements of a likelihood of success on the merits and the prospect of irreparable harm to the patent owner. The granting of the injunction would not adversely affect the public interest.
Court: USDC Nevada, Judge: Navarro, Filed On: October 25, 2023, Case #: 2:21cv332, NOS: Patent - Property Rights, Categories: Evidence, Patent, Technology
Per curiam, the court of appeal finds that the trial court improperly dismissed breach of contract claims a student brought against the university. The court certifies a question of great importance to the Florida Supreme Court as to whether schools are entitled to sovereign immunity in breach of contract claims alleging failure to provide students on-campus services. Reversed.
Court: Florida Courts Of Appeal, Judge: Per curiam, Filed On: October 25, 2023, Case #: 2D22-1703, Categories: Education, Immunity, Contract
J. Hellman finds the juvenile court properly denied foster parents’ motion to intervene in a child’s dependency case. The statute “requires appellants to prove that the existing parties cannot adequately present the case.” Affirmed.
Court: Oregon Court of Appeals, Judge: Hellman, Filed On: October 25, 2023, Case #: A179897, Categories: Family Law
J. Nardacci grants final approval to a class action settlement agreement to resolve a group of maintenance workers’ unpaid wages lawsuit brought against their employer, a property management company. The employer agrees to pay $175,000, plus a $7,500 service fee and $57,750 in attorney fees, to settle claims that it failed to pay their workers’ straight time wages and overtime compensation.
Court: USDC Northern District of New York, Judge: Nardacci, Filed On: October 25, 2023, Case #: 5:22cv207, NOS: Fair Labor Standards Act - Labor, Categories: Employment, Class Action, Labor
J. Hess finds the trial court properly allowed defendant's videotaped confession to be played at his trial on rape and gross sexual imposition charges. Other evidence, including testimony that he engaged in various sexual acts while the victim was impaired by medication, established the essential elements of the charges. Meanwhile, defendant's admission in the confession that the victim "didn't know what she was doing" and was "in and out of it" because of the medication established she was not able to consent and was substantially impaired; therefore, his convictions were supported by sufficient evidence. Affirmed.
Court: Ohio Court Of Appeals, Judge: Hess, Filed On: October 25, 2023, Case #: 2023-Ohio-3945, Categories: Evidence, Sex Offender
J. Vogel finds that a child was properly permanently placed under an aunt and uncle's guardianship because the mother and father each face pending criminal charges stemming from the sexual abuse of the child in their home, and both parents remain subject to criminal no-contact orders protecting the child. Affirmed.
Court: Iowa Court Of Appeals, Judge: Vogel, Filed On: October 25, 2023, Case #: 23-1196, Categories: Family Law
J. Ahlers finds that the district court improperly suppressed evidence uncovered in a K-9 drug sniff after defendant exhibited signs of intoxication during a traffic stop for driving his pickup truck without the taillights on. The K-9 sniff was permissible because it did not prolong the traffic stop. Reversed.
Court: Iowa Court Of Appeals, Judge: Ahlers, Filed On: October 25, 2023, Case #: 22-1866, Categories: Drug Offender, Search
J. Mullins finds that defendant was properly sentenced based on his guilty plea to neglect of a dependent person resulting in death concerning a child sent to defendant's unlicensed daycare because the lower court was allowed to consider the number of children under defendant's care, which exceeded safety limits. Affirmed.
Court: Iowa Court Of Appeals, Judge: Mullins, Filed On: October 25, 2023, Case #: 22-2042, Categories: Sentencing, Criminal Negligence
J. Ellender finds that defendant was properly sentenced to four consecutive five-year hard labor sentences following guilty pleas to three counts of obscenity and one count of obscenity in the presence of a minor for intentionally exposing himself to a school bus carrying young children
as it passed by his house. The sentence was proper based on defendant's obscene conduct and his repeated arrests and convictions for similar behavior. Further, defendant has six prior felony convictions and could have been adjudicated a habitual felony offender. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Ellender, Filed On: October 25, 2023, Case #: 55,302-KA, Categories: Sentencing, Sex Offender
[Consolidated.] J. Brennan finds that the lower court properly found for the government in a Freedom of Information Act suit seeking the disclosure of information about a man's transfer from ICE custody to officials in Indiana. ICE properly withheld the redacted information as the crime-fraud exemption does not apply because there is no factual foundation for the man's claim that ICE intentionally misled the habeas court. Affirmed.
Court: 7th Circuit, Judge: Brennan, Filed On: October 25, 2023, Case #: 22-2445, Categories: Public Record
Per curiam, the appellate division finds that the lower court properly dismissed a man's lawsuit alleging defendant made defamatory statements in an interview broadcast on Billy Bush's EXTRA television show and in an article published in ELLE Magazine in 2020. Defendant's statements amount to no more than rhetorical hyperbole, and there is no support for the man's claim that he lost substantial business as a result of the alleged defamation. Affirmed.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: October 25, 2023, Case #: 05421, Categories: Defamation
J. Hellman finds the juvenile court properly changed sole legal custody from a father to a mother. “Father’s distrust of mother and his desire to exclude mother from [the child’s] life compromised his ability to parent and…created a ‘high conflict’ and ‘hostile environment’ for [the child] to navigate.” Affirmed.
Court: Oregon Court of Appeals, Judge: Hellman, Filed On: October 25, 2023, Case #: A176632, Categories: Family Law
J. Baker finds that the district court improperly issued an order remanding to state court an action against private contractors providing war-zone security services to the Department of Defense. The action was brought by employees who guarded bases, equipment and personnel in Iraq. The guards claim that their working conditions violated the contractors’ recruiting representations and contracts. The contractors sufficiently alleged a federal defense of compliance with the federal regulations incorporated into a Theater Wide Internal Security Services II contract between the contractors and the Department of Defense. Reversed.
Court: 9th Circuit, Judge: Baker, Filed On: October 25, 2023, Case #: 21-15261, Categories: Employment, Military, Class Action
J. Pipkin finds that the trial court properly denied defendant's motion to withdraw her guilty plea to aggravated assault and making a terroristic threat. The trial court correctly accepted defendant's Alford plea to the terroristic threat charge. The record shows that defendant understood her rights and the consequences of the plea. The trial court also made sure defendant knew that she was waiving her right to confront her accusers by pleading guilty. Affirmed.
Court: Georgia Court of Appeals, Judge: Pipkin, Filed On: October 25, 2023, Case #: A23A1174, Categories: Assault, Threats, Plea
J. Greer finds that defendant was properly convicted of sexual abuse after assaulting a child because defendant's mistrial did not subsequently constitute double jeopardy when his trial was shut down after he had been exposed to Covid-19 in jail. Affirmed.
Court: Iowa Court Of Appeals, Judge: Greer, Filed On: October 25, 2023, Case #: 21-1866, Categories: Double Jeopardy
J. Badding finds that defendant was properly convicted of voluntary manslaughter after he shot and killed his nephew stemming from a fight over household chores. The justification defense failed since defendant told police that the physical portion of the fight was already over before the shooting occurred. Affirmed.
Court: Iowa Court Of Appeals, Judge: Badding, Filed On: October 25, 2023, Case #: 21-1041, Categories: Evidence, Manslaughter