45 results for 'judge:"White"'.
J. White finds the circuit court improperly entered a judgment in the widow's favor after a jury's verdict finding Pabst liable for $6,986,906 in damages stemming from the widow's husband's death from mesothelioma he contracted from asbestos he encountered working as a pipefitter at Pabst and other locations. In her cross-appeal, the widow correctly argues that the circuit court improperly applied the punitive damages statute such that only Pabst's portion of compensatory damages was doubled, not the total amount of compensatory damages she was awarded. All of Pabst's arguments against the judgment and verdict fail, including those challenging the sufficiency of the evidence and the jury instructions. The case is remanded for the circuit court to enter a new judgment against Pabst totaling $13,419,295. Affirmed in part.
Court: Wisconsin Court of Appeals, Judge: White, Filed On: May 7, 2024, Case #: 2022AP000723, Categories: Damages, Negligence, Asbestos
J. White finds the trial court erred when striking a mother and father’s parenting plan sua ponte, without the proper notice. The mother petitioned the appeals court for writ of prohibition or certiorari quashing the trial court’s order, as neither party had requested the plan to be struck. The court concludes her review should be an interlocutory appeal. Reversed.
Court: Florida Courts Of Appeal, Judge: White, Filed On: April 19, 2024, Case #: 6D23-2856, Categories: Civil Procedure, Family Law
J. White grants the cleaning company's motion to dismiss overtime claims brought by two housekeepers alleging the company has a practice of arbitrarily reducing employees' wages, sometimes as a way to discipline its workers. The employees' hourly rate was $19 per hour, well above minimum wage, so even if their rate was reduced, it was still legal. Further, the complaint fails to allege the number of hours the employees' worked in a particular workweek.
Court: USDC Eastern District of Missouri, Judge: White, Filed On: April 12, 2024, Case #: 4:23cv1479, NOS: Employment - Civil Rights, Categories: Employment
J. White allows a single claim to proceed against Proctor & Gamble from a consumer who say he was tricked into buying a NyQuil product that claimed to have a significant amount of real honey in it, when it had only a small amount of honey. The consumer did not bring forward any evidence that supports his contract and warranty claims, leaving all of them to fail, but there is a potential that some consumers could be misled in regards to what percentage of honey makes up the NyQuil.
Court: USDC Northern District of California, Judge: White, Filed On: April 9, 2024, Case #: 4:23cv5061, NOS: Other Fraud - Torts - Personal Property, Categories: Consumer Law, False Advertising
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J. White allows some securities claims to survive against HP from investors who say the company was not fully transparent on the health of its supplies-centric business arm, which largely revolves around the selling of ink and toner. The company told investors that its supplies business was healthy and that any downward trends were for reasons outside the company's control, but investors say these statements undersold how badly its ink and toner market was suffering. While not all of the company statements are actionable or blatantly misleading, there is just enough on the record to show that investors could have been misled, allowing misrepresentation claims to survive to the next stage.
Court: USDC Northern District of California, Judge: White, Filed On: March 27, 2024, Case #: 4:20cv7835, NOS: Securities/Commodities/Exchange - Other Suits, Categories: Securities
J. White grants the EMT defendants' motion for summary judgment in this lawsuit arising from a driver's alleged detention and death following a traffic stop. The court finds that the EMT defendants acted reasonably when they "briefly" assisted the deputies while the driver was still "actively resisting arrest." Also, the medical negligence and wrongful death claims "cannot be pursued against individual employees of a political subdivision of the State of Oklahoma."
Court: USDC Eastern District of Oklahoma, Judge: White, Filed On: March 26, 2024, Case #: 6:21cv44, NOS: Civil Rights - Habeas Corpus, Categories: Civil Rights, Wrongful Death
J. White finds that the appeals court properly reversed the trial court's decision in a defamation suit over emails sent by defendant's agents to the plaintiff corporation's chief revenue officer and two board members alleging "rampant accounting improprieties" and purported mafia connections. The emails may qualify as defamatory even though they were only sent to members of the corporation itself. There is publication to a third party when an allegedly defamatory statement is communicated to a member of a corporation's executive leadership team. Affirmed.
Court: Illinois Supreme Court, Judge: White, Filed On: March 21, 2024, Case #: 129227, Categories: Corporations, Defamation
J. White grants a patient’s writ of certiorari to quash the trial court’s order authorizing a doctor, hospital and surgery group to issue subpoenas for her medical records. The trial court failed to limit the subpoenas or perform an in-camera inspection to prevent the disclosure of medical records.
Court: Florida Courts Of Appeal, Judge: White, Filed On: March 15, 2024, Case #: 6D23-2217, Categories: Evidence, Health Care, Discovery
J. White finds the trial court improperly sentenced a man to a life sentence for first-degree sexual battery, burglary with assault or battery, false imprisonment and robbery possessing a deadly weapon. He was properly classified as habitual felony offender which the maximum sentence on the sexual battery and robbery should have been a maximum of 30 years each. Therefore, the trial court shall resentence him as a habitual felony offender, change both the sexual battery and robbery to second-degree offenses and the false imprisonment to a third-degree offense. Affirmed in part. Reversed in part.
Court: Florida Courts Of Appeal, Judge: White, Filed On: March 15, 2024, Case #: 6D23-394, Categories: Robbery, Sentencing, Sex Offender
J. White finds the Kentucky Supreme Court misapplied U.S. Supreme Court precedent when it determined a criminal defendant's upbringing can only outweigh aggravating circumstances if it provides a rationale for the charged offenses and, therefore, it improperly denied defendant's request for habeas relief on ineffective assistance claims. Defendant's attorney provided almost no mitigation evidence during the penalty phase of his trial despite the "most severe and unimaginable level of physical and mental abuse" he encountered during his childhood, which prejudiced him and requires habeas relief as to the penalty phase that resulted in a death sentence. Reversed.
Court: 6th Circuit, Judge: White, Filed On: February 22, 2024, Case #: 17-6032, Categories: Death Penalty, Habeas, Ineffective Assistance
J. Holder White finds that the lower court properly denied the prisoner's claim he was tortured into confessing to murder. The Illinois Torture Inquiry and Relief Commission Act is intended to address the serious problem of torture by Chicago police, but does not apply to acts of physical abuse by the police in general, such as the prisoner's claim he was kicked by police. Further, the prisoner significantly changed elements of his story over time, supporting the circuit court's finding that his story was not credible. Affirmed.
Court: Illinois Supreme Court, Judge: Holder White, Filed On: February 16, 2024, Case #: 128373, Categories: Police Misconduct, Prisoners' Rights
J. White finds that the Agency for Health Care Administration improperly modified and denied factual findings made by the administrative law judge in a recommended order that found in favor of the agency. The written judgment contains a scrivener's error, however, so the court notes a correction related to fees and fines. Reversed.
Court: Florida Courts Of Appeal, Judge: White, Filed On: February 16, 2024, Case #: 6D23-1494, Categories: Evidence, Government
J. White finds for the employer in a religious discrimination suit filed by a nurse who was fired for refusing to get a Covid-19 vaccine. The hospital has a readily apparent religious affiliation and purpose, regardless that the majority of its workforce do not practice the Catholic religion. Therefore, as a religious organization, the hospital is exempt from religious discrimination claims.
Court: USDC Eastern District of Missouri, Judge: White, Filed On: February 12, 2024, Case #: 4:22cv1113, NOS: Employment - Civil Rights, Categories: Covid-19, Employment Discrimination
J. White dismisses civil rights claims against Santa Clara's Department of Health and Human Services from two people who were subjected to sexual abuse by their foster parents when they were kids. The two say that county officials ignored obvious red flags and didn't properly inspect the home before they were placed there, but the county never got word of any complaints about the foster parents and there is no evidence they broke any protocols in selecting them as caregivers. The claims are mostly based on speculation and broad conclusions that are not strong enough for Monell and state law claims to stand upon.
Court: USDC Northern District of California, Judge: White, Filed On: February 9, 2024, Case #: 4:22cv4948, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Agency
J. White mostly denies the competing motions to exclude expert testimony in this case concerning the use of force used by police. The court finds that the estate plaintiffs' use of force expert uses reliable methods to reach his conclusions on use of force and that his opinions "are not impermissible legal conclusions." He will not be allowed to testify, however, as to the first aid rendered or the conclusion that the officers were "deliberately indifferent."
Court: USDC Eastern District of Oklahoma, Judge: White, Filed On: February 8, 2024, Case #: 6:20cv152, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Experts
J. White finds the lower court erroneously granted the employer's motion for summary judgment on a truck driver's retaliation action. Although the contentious text message exchange that occurred shortly before the truck driver was fired dealt mainly with vacation pay, several messages could be interpreted as the driver's intent to report the employer for its refusal to reimburse him for vehicle repairs, which would qualify as proper notice under the Fair Labor Standards Act and allows his retaliation claims to proceed. Reversed.
Court: 6th Circuit, Judge: White, Filed On: February 7, 2024, Case #: 23-1145, Categories: Employment Retaliation, Labor
J. White grants the insurer's motion to exclude plaintiff's expert testimony regarding how the insurer departed from industry standards in handling the plaintiff's motor vehicle claim because she is a legal expert, not an expert on insurance industry standards. The insurer's partial motion for summary judgment is also granted limiting the amount of uninsured motor vehicle coverage to $25,000.
Court: USDC Eastern District of Missouri, Judge: White, Filed On: January 18, 2024, Case #: 4:22cv724, NOS: Insurance - Contract, Categories: Insurance, Vehicle, Experts
J. White finds the lower court properly granted the public school employees union's motion for summary judgment on the bus driver's civil rights claim for unauthorized withdrawal of union dues. Although the withdrawals were made after she revoked her consent and in contravention of a state law, the union was not a state actor and, therefore, cannot be held liable. Affirmed.
Court: 6th Circuit, Judge: White, Filed On: December 21, 2023, Case #: 22-4056, Categories: Civil Procedure, Civil Rights, Labor / Unions
J. Holder White finds that the appeals court improperly reversed the dismissal of a class action complaint accusing the city of routinely issuing improper central business district tickets for parking meter violations. The driver failed to exhaust his administrative remedies by not challenging his individual ticket before the Department of Administrative Hearings. Reversed.
Court: Illinois Supreme Court, Judge: Holder White, Filed On: November 30, 2023, Case #: 128575, Categories: Administrative Law, Municipal Law, Class Action
J. White finds the circuit court properly dismissed the homeowner's negligence claim against the contractor over an electrical shock he received from an outlet in his home that one of the contractor's employees left unsecured. The circuit court correctly determined that the doctrine of "res ipsa loquitor" does not apply to the homeowner's case, in part because the circuit court's record shows he was negligent in failing to have another contractor or electrician secure the outlet after the contractor's construction project stalled, instead continuing to use the outlet anyway. Affirmed.
Court: Wisconsin Court of Appeals, Judge: White, Filed On: October 24, 2023, Case #: 2022AP001154, Categories: Evidence, Negligence
J. White finds the trial court erroneously denied defendant's motion to suppress his interview with police shortly after his arrest. His request to make a phone call to his sister, who is an attorney, was clearly a request for counsel and should have ended the interview. Although defendant had initially asked to call his father, his request to call his sister was not an attempt to speak with family because he told the interviewing detective she was an attorney and the detective told him the interview would end if he made the call. Additionally, the trial court erroneously allowed the prosecution to add a child pornography charge to the indictment because no new evidence was used to support the charge. Reversed.
Court: 6th Circuit, Judge: White, Filed On: October 23, 2023, Case #: 22-5328, Categories: Evidence, Child Pornography
J. White finds the trial court improperly granted an individual motion to dismiss his criminal charges for the lack of personal jurisdiction. The trial court did have jurisdiction but failed to dismiss the information of two counts of battery. On remand the individual shall resolve any outstanding questions. Reversed.
Court: Florida Courts Of Appeal, Judge: White, Filed On: October 20, 2023, Case #: 6D23-476, Categories: Battery, Jurisdiction
J. White finds that a misleading marketing class action against Arizona Beverages must remain in California, even as the popular drink company seeks judgment on similar claims in a Missouri court. While both cases’ allegations and legal theories are essentially the same, there are no pending claims for relief on behalf of California consumers in the Missouri litigation. Because Arizona has already filed a motion for judgment in the Missouri case, it is unlikely that an additional amendment to expand claims on behalf of the putative “Nationwide Class” is forthcoming.
Court: USDC Northern District of California, Judge: White, Filed On: October 13, 2023, Case #: 4:22cv9108, NOS: Other Fraud - Torts - Personal Property, Categories: Consumer Law, Jurisdiction
J. White finds the trial court improperly granted a motion to reduce lien in favor of a minor’s guardian ad litem and denied the health administrator’s motion to dismiss, for lack of subject matter jurisdiction, this medical malpractice lawsuit. It is remanded to vacate the order and enter an order dismissing the minor’s motion to reduce lien for lack of subject matter jurisdiction. Reversed.
Court: Florida Courts Of Appeal, Judge: White, Filed On: October 6, 2023, Case #: 6D23-1391, Categories: Medical Malpractice