22 results for 'judge:"Adams"'.
J. Adams denies, in part, a freight company and its truck driver’s motion for partial summary judgment in this motor vehicle collision stemming from the truck driver hitting another vehicle driven by a motorist. The motorist alleges negligent and wanton hiring, training, supervision, maintenance and entrustment against the freight company and negligence and wantonness violations for rules of the road regarding the driver. There is in fact a genuine issue of the driver’s actions, but the motorist fails to present any evidence on her claims against the freight company. The Alabama Uniform Traffic Crash Report has been struck in favor of the company and driver.
Court: USDC Middle District of Alabama, Judge: Adams, Filed On: May 2, 2024, Case #: 3:23cv137, NOS: Motor Vehicle - Torts - Personal Injury, Categories: Vehicle, Negligence
J. Adams finds that the trial court properly sustained Apple's demurrer on a class action complaint alleging that the Apple App Store imposes unfair contractual terms on software developers. The Colgate doctrine provides Apple with a safe harbor against the developers’ unfair competition claim under the unfair prong, as Apple's practices amounted to permissible unilateral conduct under both antitrust and unfair competition statutes. Affirmed.
Court: California Courts Of Appeal, Judge: Adams, Filed On: April 25, 2024, Case #: H050526, Categories: Antitrust, Unfair Competition
J. Adams finds the lower court improperly denied a group of publishers' motion to dismiss. ProPublica and the Houston Chronicle ran an article on a prominent cardiologist titled “A Pioneering Heart Surgeon’s Secret History of Research Violations, Conflicts of Interest and Poor Outcomes.” The cardiologist subsequently filed suit against the publishers for defamation. The trial court found the article created false impressions, but the instant court finds it referenced the opinions of two cardiologists on the cardiologist's work, research and background, and cannot be the foundation of a defamation claim. Reviewing the article as a whole, the instant court finds the publishers established by a preponderance of the evidence of substantial truth and non-actionable opinion. The matter is remanded for further proceedings. Reversed.
Court: Texas Courts of Appeals, Judge: Adams, Filed On: April 25, 2024, Case #: 01-22-00281-CV, Categories: Defamation
J. Adams finds the lower court properly terminated the parental rights of a mother to her minor child. The child was removed from mother’s care when the juvenile court found the mother’s marijuana abuse, mental health issues and environment proved a substantial risk of harm to the child. The mother argues that her due process rights were violated when her parental rights were terminated, because the juvenile court was not required to consider her potential to change, as she, at the age of 17, is a teenager. The instant court finds no error by the lower court, as the record shows that the mother failed to comply with the reunification plan, her right to due process was not violated, and the decision is one where the needs of the child were placed as the priority. Affirmed.
Court: California Courts Of Appeal, Judge: Adams, Filed On: March 28, 2024, Case #: B330106, Categories: Family Law, Due Process, Juvenile Law
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. Adams denies the city's motion to alter its consent decree with the Environmental Protection Agency, ruling that while its proposed amendment to allow overflow of 100 million gallons of untreated sewage into the Cuyahoga Valley National Park is significantly less than the amount of overflow at the time the decree was established, it does not amount to a de minimis impact on the watershed and surrounding area. Additionally, the increase in treatment costs from $56 million to $209 million is not a significant change in circumstances that allows for an adjustment in the consent decree because the city provided no evidence to explain the cost increase and relied on outdated treatment data when it submitted cost predictions.
Court: USDC Northern District of Ohio, Judge: Adams, Filed On: March 1, 2024, Case #: 5:09cv272, NOS: Environmental Matters - Other Suits, Categories: Environment, Evidence, Water
J. Adams finds that the trial court properly gave effect to an heir's assignment of his share of an estate to his brother, who died after the assignment was made. An earlier proceeding in the trial court only determined the heirs' identities and their respective shares of the estate but had no bearing on assignment rights, regardless of whether the now deceased assignee had filed a statement of interest. Affirmed.
Court: California Courts Of Appeal, Judge: Adams, Filed On: January 2, 2024, Case #: B320383, Categories: Wills / Probate
J. Adams finds the lower court improperly denied a builder's request to vacate the lower court’s default judgment against it in this breach of contract matter. The builder argues the lower court improperly denied its motion to set aside the default judgment, as the builder answered, and the investment group it contracted with failed to provide the court with proof of its claims against the builder. Evidence is insufficient to support the lower court’s post-answer default judgment, and the matter is remanded for further proceedings. Reversed.
Court: Texas Courts of Appeals, Judge: Adams, Filed On: November 9, 2023, Case #: 01-22-00343-CV, Categories: Construction, Evidence, Contract
J. Adams denies in part an elevator company’s motion for summary judgement on a deputy sheriff’s negligent elevator installation and maintenance claim in connection with a courthouse elevator stopping abruptly when the bumper stuck to the door. The deputy sheriff submitted his evidence from the expert report that the clearance of the elevator was improperly aligned at the time of incident, but not at the time of installation. The motion to exclude the expert report is denied without prejudice to raise arguments in cross-examination to present the contrary opinions.
Court: USDC Middle District of Alabama, Judge: Adams, Filed On: October 11, 2023, Case #: 3:22cv483, NOS: Personal Injury - Product Liability - Torts - Personal Injury, Categories: Negligence, Experts
J. Adams grants ASU's motion to reduce compensatory damages after a jury found in favor of the Black female professor in a gender discrimination suit and awarded her $800,000. Because 42 U.S. Code Section 1981(3) limits damages to $300,000 for employers with over 500 employees, ASU is entitled to the relief it requests.
Court: USDC Middle District of Alabama, Judge: Adams, Filed On: September 26, 2023, Case #: 2:16cv593, NOS: Employment - Civil Rights, Categories: Employment, Damages
J. Adams holds that the trial court erred when it dismissed tenants' class action against a landlord based on a finding that common issues of law or fact did not predominate. The tenants made adequate allegations that their landlord had a common scheme to make Ellis Act evictions and then offer the units for residential purposes. The tenants will have to establish that the landlords' practice of withdrawing units and then offering them on Airbnb constitutes re-rental for residential purposes under the Act and local ordinance. Because the tenants showed a reasonable possibility of common questions of liability under the Act and local ordinance, their related fraud and unfair competition claims are also viable. Also, class treatment is not barred by the requirement that class members must show individualized damages. Reversed.
Court: California Courts Of Appeal, Judge: Adams, Filed On: September 18, 2023, Case #: B308055, Categories: Fraud, Landlord Tenant, Class Action
J. Adams grants the insurer's motion for summary judgment, ruling it is not liable for any damages or litigation expenses incurred by the city after it was sued by an individual injured by a falling tree because the city failed to notify the insurer until more than two years into its defense of the lawsuit. The city's law director admitted he failed to notify the insurer because he thought the lawsuit was meritless, a decision that clearly prejudiced the insurer.
Court: USDC Northern District of Ohio, Judge: Adams, Filed On: September 14, 2023, Case #: 4:22cv749, NOS: Insurance - Contract, Categories: Government, Insurance, Contract
J. Adams grants an individual to file an amended complaint regarding allegations of discrimination against the city’s employees allegedly asking him to leave from the library. The individual must comply with the Federal Rule of Civil Procedures when laying the complaint out, if he no longer wishes to file the amendment, he must file notice informing the court.
Court: USDC Middle District of Alabama, Judge: Adams, Filed On: September 8, 2023, Case #: 2:22cv196, NOS: Other Civil Rights - Civil Rights, Categories: Civil Procedure, Due Process, Employment Discrimination
J. Adams grants an individual to file an amended complaint regarding allegations of a hostile shopping environment, defamation and discrimination against a convenience store’s employee. The individual must comply with the Federal Rule of Civil Procedures when laying the complaint out; if he no longer wishes to file the amendment, he must file notice informing the court.
Court: USDC Middle District of Alabama, Judge: Adams, Filed On: September 8, 2023, Case #: 2:23cv192, NOS: Other Civil Rights - Civil Rights, Categories: Defamation, Due Process, Employment Discrimination
J. Adams grants an individual to file an amended complaint regarding allegations of discrimination against the city’s two armed uninformed police officers and the librarian allegedly the asked him to leave from the sidewalk in front of library. The individual must comply with the Federal Rule of Civil Procedures when laying the complaint out, if he no longer wishes to file the amendment, he must file notice informing the court.
Court: USDC Middle District of Alabama, Judge: Adams, Filed On: September 7, 2023, Case #: 2:22cv168, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Due Process
J. Adams grants the employer's motion for summary judgment, ruling the black employee's disparate impact claim fails as a matter of law because she cites no specific company policy that treated her and other non-white employees differently than white employees. Additionally, no evidence in the record or the employee's complaint supports her hostile work environment claim, which is based on a single instance of a coworker calling her a prostitute, which she admits was entirely unrelated to her race.
Court: USDC Northern District of Ohio, Judge: Adams, Filed On: May 12, 2023, Case #: 5:21cv1268, NOS: Employment - Civil Rights, Categories: Evidence, Employment Discrimination