86 results for 'filedAt:"2024-04-08"'.
J. Higginson finds the district court properly found for the county on an estate's claim it failed to protect a pretrial detainee from a fatal attack by his cellmate. Though the estate's expert identified jail procedures that purportedly led to the death, the expert was designated on the day of the new discovery deadline, and the order extending the deadline had not extended that for expert designation. Therefore, the expert designation was untimely. Affirmed.
Court: 5th Circuit, Judge: Higginson , Filed On: April 8, 2024, Case #: 23-60310, Categories: Constitution, Wrongful Death, Prisoners' Rights
J. Wood finds the lower court properly found in favor of the Secretary of Transportation in this matter concerning the building of the Obama Presidential Center (OPC) in Jackson Park in Chicago. This is the fourth in a series of complaints from the group about the construction of the center on city parkland. The lower court found the project, which is under construction and slated for completion in 2025, does not violate any laws or ordinances. The instant court finds the current case mirrors that of its previous complaint, and brings forth no new information or argument, making it a matter that has already been decided in prior litigation. Affirmed.
Court: 7th Circuit, Judge: Wood, Filed On: April 8, 2024, Case #: 22-3190, Categories: Construction, Municipal Law, Zoning
J. Christensen grants a preliminary injunction against the Interim Director of the
Montana Department of Transportation over his ability to enforce a durational limit on political signs near highways. The director has promised not to enforce the limit and says that the case is moot, and while it is true that an injunction will have "little functionality" because of the director's decision to not enforce it, the injunction will be issued regardless for the simple reason that those bringing the suit still have the merits of the case on their side.
Court: USDC Montana, Judge: Christensen, Filed On: April 8, 2024, Case #: 6:23cv21, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Injunction
J. Kobayashi partially excludes reports and testimony from three psychologists who assessed military families who are bringing claims against the U.S. Navy for jet fuel water contamination. Testimony from two of the doctors are admissible, as they did conduct full interviews of their patients, including the minors. Information gathered from the parents about their children is admissible as first-hand knowledge when minors are involved is not required. A third doctor is not a physician or military medicine expert so portions of his testimony are excluded, but his testimony on the families' trauma is admissible.
Court: USDC Hawaii, Judge: Kobayashi, Filed On: April 8, 2024, Case #: 1:22cv397, NOS: Other Personal Injury - Torts - Personal Injury, Categories: Evidence, Government, Water
J. Cates finds the lower court properly found in favor of an attorney in this matter of legal malpractice and properly denied a property owner’s motion for judgment notwithstanding the evidence. The property owner retained the attorney for guidance related to a proposed real estate development project. The attorney testified that he told the property owner that he did not believe developing the property on his own was a wise business venture, and that he explained the pros and cons of incorporating the project to limit the property owner’s exposure to liability. But the property owner says he was never advised on incorporation or on a pipeline easement that ran through the property, as supported by evidence, that the court should enter a judgment in his favor, and that he should be granted a new trial for damages. The instant court finds that the evidence presented was subject to interpretation, and will not second guess the findings of the jury. Affirmed.
Court: Illinois Appellate Court, Judge: Cates, Filed On: April 8, 2024, Case #: 220818, Categories: Real Estate, Negligence, Legal Malpractice
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J. Smith finds the lower court properly denied an estate administrator’s motion seeking judgment, costs, and interest against a nursing home and ambulance company in an associated wrongful death matter. The estate administrator argues that more than 30 days had passed since the settlement was approved, but the nursing home and ambulance company had yet to pay. The lower court found it necessary for the probate court to get involved and secure the distribution of the settlement so it could be accounted for, but the estate administrator argues that the probate requirement is a statutory misinterpretation by the lower court. The instant court finds the lower court’s interpretation to be correct, that the probate court’s involvement is necessary. Affirmed.
Court: Illinois Appellate Court, Judge: Smith, Filed On: April 8, 2024, Case #: 230996, Categories: Settlements, Wills / Probate, Wrongful Death
J. Gaziano upholds the denial of a new trial for defendant. The decision in Commonwealth v. Brown, which stated that “felony-murder is no longer an independent theory of liability for murder,” should not be applied retroactively because the rule in that case is meant to be applied on a prospective basis only. Affirmed.
Court: Massachusetts Supreme Court, Judge: Gaziano, Filed On: April 8, 2024, Case #: SJC-12836, Categories: Fair Trial, Murder, Manslaughter
J. Cote grants an oil and natural gas company’s motion to dismiss in this matter of alleged securities fraud. An investment fund argues the oil company owned by the Venezuelan government engaged in a scheme to defraud investors when notes were declared invalid by an interim Venezuelan president in 2019. But the investment company failed to state a claim for which relief could be sought, so the instant court finds in favor of the oil company. Dismissed.
Court: USDC Southern District of New York, Judge: Cote, Filed On: April 8, 2024, Case #: 23cv5604, NOS: Securities/Commodities/Exchange - Other Suits, Categories: Fraud, Securities
J. Rakoff denies summary judgment to both parties in this insurance coverage dispute. Water pipes burst in two units of two contiguous commercial properties during a winter storm, and the insured filed a claim for resulting water damage. The insurer denied the claim citing an exclusion to the insurance contract that stipulates the insured must make “best efforts to maintain heat.” The insured argues every effort was made to maintain heat in the buildings, but the insurer claims one unit used no gas for a three month period implying heat was not maintained. Both parties argue the ambiguity of the contract language, which the instant court finds should be sorted out at trial. Because no overwhelming evidence was presented in favor of either party, summary judgment is denied.
Court: USDC Southern District of New York, Judge: Rakoff, Filed On: April 8, 2024, Case #: 23cv6437, NOS: Insurance - Contract, Categories: Insurance, Contract
J. Vaidik finds that the lower court properly convicted defendant for failing to register his online social media accounts for three dating websites as a sex offender. A website does not have to have a “built-in messaging or chat function so long as it provides some way for a member to contact another person” in order to be classified as a social networking website. Affirmed.
Court: Indiana Court Of Appeals, Judge: Vaidik, Filed On: April 8, 2024, Case #: 23A-CR-2139, Categories: Sex Offender
J. King grants the consumer credit reporting agency's motion to compel arbitration in the consumer's complaint that the former refused to delete inaccurate information from his credit files. The arbitrator provision of the parties' contract is clear that the arbitrator has exclusive authority to resolve disputes "relating to...any...term of this agreement," and the consumer credit reporting agency did not waive its right to arbitration when it did not raise an affirmative defense.
Court: USDC Western District of Washington, Judge: King, Filed On: April 8, 2024, Case #: 3:23cv5294, NOS: Consumer Credit - Other Suits, Categories: Arbitration, Contract
Per curiam, the circuit finds that an interlocutory appeal must be dismissed in claims challenging a provision of New York election law that invalidates write-in ballots cast during party primaries for non-party candidates because the 2023 primary and general elections rendered the claim moot. However, a decision remains pending on the facial challenge to the constitutionality of the provision in claims seeking declaratory relief, and thus review would be inappropriate at this time.
Court: 2nd Circuit, Judge: Per curiam, Filed On: April 8, 2024, Case #: 23-1305-cv, Categories: Civil Procedure, Elections
J. Bastian grants the clothing company default judgment for its complaint alleging that the beauty school opened with a mark similar to the clothing company's "Zara" trademark. "ZARA" is a famous and valuable brand that the clothing company owns, and the beauty school continues to infringe on that trademark even after the clothing company filed its complaint.
Court: USDC Eastern District of Washington, Judge: Bastian, Filed On: April 8, 2024, Case #: 2:23cv46, NOS: Trademark - Property Rights, Categories: Trademark
J. Kirsch allows a company to continue claims contending manufacturers failed to deliver vinyl gloves and refused to return the deposit because the broker knew the manufacturer misrepresented that the company's deposit was guaranteed by a bank letter.
Court: USDC New Jersey, Judge: Kirsch , Filed On: April 8, 2024, Case #: 3:22cv6120, NOS: Other Contract - Contract, Categories: Contract
J. Merchant dismisses a Suffolk County father’s civil rights lawsuit alleging the Suffolk County District Court violated his constitutional rights when it granted custody of his children to their mother. His claims concerning the court’s ruling are precluded by the domestic-relations abstention doctrine, the judges involved in the child custody case are entitled to judicial immunity and the remainder of his claims fail to conform to civil procedure by failing to name an official acting under state law.
Court: USDC Eastern District of New York, Judge: Merchant, Filed On: April 8, 2024, Case #: 2:24cv126, NOS: Other Civil Rights - Civil Rights, Categories: Civil Procedure, Family Law
J. Matsumo rules on a series of motions in limine in a personal injury product liability lawsuit against BMW, who was sued by a driver who says his right thumb was partially amputated when his 2013 BMW X5’s Soft Close Automatic door technology suddenly activated. The litigant is allowed to produce photographs of his injury as well as evidence related to a prior recall issued by BMW regarding the door closing tech, while BMW can present evidence to bolster its argument that external factors caused his injuries, but may not present evidence showing the vehicle manufacturer’s compliance with federal safety regulations, finding the information irrelevant.
Court: USDC Eastern District of New York, Judge: Matsumoto, Filed On: April 8, 2024, Case #: 2:17cv209, NOS: Motor Vehicle Product Liability - Torts - Personal Injury, Categories: Evidence, Tort, Product Liability
J. Boyle denies a mall property owner’s and security firm’s motions to transfer the venue of this case to the Middle District of North Carolina; the suit involves negligence claims brought by a patron who was shot in the crossfire during a robbery. The owner and firm, both foreign entities, claim that the patron fraudulently added the North Carolinian armed robbers to this action, but they have failed to demonstrate this. This case is remanded to Durham County Superior Court for lack of subject matter jurisdiction.
Court: USDC Eastern District of North Carolina, Judge: Boyle, Filed On: April 8, 2024, Case #: 4:23cv210, NOS: Other Personal Injury - Torts - Personal Injury, Categories: Tort, Negligence, Jurisdiction
J. Chasanow grants a communications company, consultant company, chief executive officer and chief financial officer’s partial motion to dismiss in this contract dispute brought by a former chief executive officer of the communications company. The former officer alleges that she was induced by the consultant company and its officers in order to enter a purchase agreement. She fails to allege false representations or state a claim for fraud.
Court: USDC Maryland, Judge: Chasanow, Filed On: April 8, 2024, Case #: 8:23cv2749, NOS: Other Contract - Contract, Categories: Communications, Fraud, Contract
J. Griffiths finds that an amendment of form and not of substance had been made to an indictment during trial and thus was permissible. Meanwhile, a prosecutor's improper statements did not constitute plain error under "Wainwright," and the statements did not warrant reversal under "Hunter" since they were not persistent through multiple trials.
Court: Delaware Supreme Court, Judge: Griffiths, Filed On: April 8, 2024, Case #: 232, 2023, Categories: Criminal Procedure, Prosecutorial Misconduct, Assault
J. Wood finds that the lower court properly denied the non-profit group's request to enjoin ongoing construction on the Obama Presidential Center in Chicago's Jackson Park. The group cannot bring a taxpayer derivative action on behalf of the city when the city is a defendant to this suit and opposes the group's claims. Further, this court already rejected the same legal arguments alleging violations of federal environmental laws in prior opinions. Affirmed.
Court: 7th Circuit, Judge: Wood, Filed On: April 8, 2024, Case #: 22-3190, Categories: Environment, Tax, Restraining Order
J. Scudder finds that the administrative judge properly denied a woman's application for disability benefits based on her back pain. The judge was not required to review hyper-detailed physician accounts of the woman's surgeries rather than relying on summaries of the medical evidence in making her decision. Affirmed.
Court: 7th Circuit, Judge: Scudder, Filed On: April 8, 2024, Case #: 23-1632, Categories: Evidence, Social Security
J. Snyder denies in part a cannabis company's motion to dismiss an investor's claims of fraud and breach of contract after he requested the return of his investment and the company did not return the funds. The investor alleges that the company knowingly misrepresented the existence of the company, as well as its financial status, permits, and ability to conduct business in the state with required approvals. The investor has sufficiently alleged breach of contract, intentional misrepresentation, unjust enrichment, concealment and false promise claims.
Court: USDC Central District of California, Judge: Snyder, Filed On: April 8, 2024, Case #: 2:23cv3304, NOS: Other Fraud - Torts - Personal Property, Categories: Fraud, Contract
J. Morgan denies a petition by operators of a parish landfill to dismiss its neighbors’ discovery requests for pollution concentration reports and documents on toxic chemicals for its environmental contamination suit. The documents requested by litigants constitute fact work product, which contain no “mental impressions, conclusions, opinions or legal theories of an attorney.” Litigants also have demonstrated need and exceptional circumstances that prevent them from obtaining the same information by other means.
Court: USDC Eastern District of Louisiana , Judge: Morgan, Filed On: April 8, 2024, Case #: 2:18cv7889, NOS: Torts to Land - Real Property, Categories: Civil Procedure, Environment, Discovery