31 results for 'judge:"Carney"'.
J. Carney finds the Superior court properly committed appellant for mental illness that could make him a danger to others. “Psychiatrist’s testimony supports finding [that appellant’s] impulse control disorder was more than his developmental and intellectual disabilities, satisfying the statutory definition of mental illness.” Affirmed.
Court: Alaska Supreme Court, Judge: Carney, Filed On: April 26, 2024, Case #: S-18282, Categories: Commitment
J. Carney grants default judgment to the bank for its complaint that the construction company and others owes the bank $111,000 for equipment financing. The bank shows that the construction company had valid contracts with the bank, that the bank loaned the construction company $111,000 with the couple acting as the guarantors, and that the construction company did not pay the owed money.
Court: USDC Central District of California, Judge: Carney, Filed On: March 18, 2024, Case #: 8:23cv2321, NOS: Other Contract - Contract, Categories: Contract
J. Carney finds that the district court improperly dismissed claims of discrimination in hiring brought by a candidate for a New York City youth services job. The action was not redundant after a state court rejected the applicant's civil rights claims because he amended the federal filing to also demand damages, which could not be awarded in the state case. Vacated in part.
Court: 2nd Circuit, Judge: Carney, Filed On: March 15, 2024, Case #: 22-412, Categories: Damages, Employment Discrimination
J. Carney finds the superior court properly denied a business partner's motion for partial summary judgment in a business embezzlement case. The partner “leveraged the existence of his own separate corporation to control and misappropriate [company] funds.” Affirmed.
Court: Alaska Supreme Court, Judge: Carney, Filed On: February 16, 2024, Case #: S-18504, Categories: Business Practices
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J. Carney grants the delivery driver's counsel $191,300 in attorney fees for representing the delivery driver in his class action accusing the landscape supply company of not paying him and other employees their overtime wages, bonuses, incentives and commissions. The delivery driver's counsel requests attorney fees equal to one-third of the gross settlement amount, or approximately $266,600, but while the counsel performed adequately, they did not perform exceptionally in the straightforward wage violation case.
Court: USDC Central District of California, Judge: Carney, Filed On: January 22, 2024, Case #: 8:21cv1834, NOS: Other Labor Litigation - Labor, Categories: Settlements, Attorney Fees, Class Action
J. Carney finds the superior court properly ruled that the Sitka Tribe of Alaska was not the prevailing party for purposes of awarding attorney fees despite the tribe’s claim that the State’s management of a commercial fishery harmed a subsistence fishery. “The Tribe has not met its heavy burden of persuasion to show that the superior court abused its discretion by denying attorney’s fees to all parties.” Affirmed.
Court: Alaska Supreme Court, Judge: Carney, Filed On: December 29, 2023, Case #: S-18114, Categories: Native Americans, Attorney Fees
J. Carney finds the superior court erred by terminating a father’s parental rights to his two Indian children after they were removed from his home because of reported domestic violence with their mother. “By failing to make active efforts for the vast majority of that time, OCS failed to make active efforts toward Ronan.” Reversed.
Court: Alaska Supreme Court, Judge: Carney, Filed On: December 15, 2023, Case #: S-18588, Categories: Family Law
J. Carney-Axon grants, in part, a sheriff’s motion to dismiss this civil rights case brought by a bingo hall alleging arbitrary and capricious fees were imposed on electronic gaming operations. In certain Alabama counties, voters approved the operation of nonprofit bingo halls by constitutional amendment, and allowed the sheriff’s department to collect an assessment fee. The court directs the bingo hall to file a second amended complaint on its equal protection and unlawful taking claims.
Court: USDC Northern District of Alabama , Judge: Carney-Axon, Filed On: December 13, 2023, Case #: 7:23cv1297, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Constitution, Due Process
J. Carney finds that the district court properly found for an electricity provider in class claims alleging deceptive business practices. Lead plaintiff's estate alleged the competitive rates that had been promised were actually higher than that charged by the local incumbent utility, but the consumer received what had been offered under the plain terms of the contract. Affirmed.
Court: 2nd Circuit, Judge: Carney, Filed On: December 13, 2023, Case #: 22-1026, Categories: Energy, Class Action, Contract
[Consolidated.] J. Carney finds that this appeal from an insurance dispute should be dismissed for lack of jurisdiction because the previously approved stipulated conditional final judgment that contained reservation rights failed to resolve the core question of indemnification and did not constitute an appealable final decision.
Court: 2nd Circuit, Judge: Carney, Filed On: December 11, 2023, Case #: 21-2641, Categories: Civil Procedure, Insurance
J. Carney finds that the district court properly dismissed claims alleging breach of contract and deceptive business practices after a college moved classes online for a performing arts graduate student, and postponed staging his play, due to the Covid-19 pandemic because the student failed to allege a specific promise of in-person instruction under New York law, and the college course catalog listed its right to reschedule courses or assignments in the event of unforeseen circumstances. Affirmed.
Court: 2nd Circuit, Judge: Carney, Filed On: December 8, 2023, Case #: 21-1377, Categories: Education, Covid-19, Contract
J. Carney-Axon denies the insurers’ motion for summary judgment and motion for reconsideration for this vehicle accident lawsuit. The allegations in the state court are unclear who is the owner of the involved vehicle, this construing in favor of the coverage. The insurers would have no duty to cover, under the insured’s commercial lines policy, if the driver was driving her own vehicle.
Court: USDC Northern District of Alabama , Judge: Carney-Axon, Filed On: November 13, 2023, Case #: 2:22cv1236, NOS: Insurance - Contract, Categories: Insurance, Vehicle
J. Carney-Axon grants, in part, motion to dismiss for failure to state a claim in this lawsuit brought by a citizen on allegations of governmental misconduct against the department of revenue, an auditor and the district attorney. The citizen alleges after he was a witness in another case involving his son, the department initiated an audit of his taxes, which was governmental conspiracy of retaliation. The citizen failed to state a plausible claim against the state and district attorney that the claims were in fact due to his son’s case. The citizen must show cause on why the auditor’s motion to dismiss should not be dismissed.
Court: USDC Northern District of Alabama , Judge: Carney-Axon, Filed On: November 8, 2023, Case #: 2:23cv1116, NOS: Other Civil Rights - Civil Rights, Categories: Tax
J. Carney grants the Securities and Exchange Commission a preliminary injunction, including court-ordered preservation of evidence and an asset freeze, for its lawsuit alleging that the sham investment institution and others engaged in an ongoing Ponzi-like scheme that raised over $2.2 million from about 168 investors. The injunction is appropriate because the sham investment institution and others are likely to repeat their violations due to their persistent fraudulent conduct months after they received the SEC's cease-and-desist letter.
Court: USDC Central District of California, Judge: Carney, Filed On: October 30, 2023, Case #: 8:23cv1807, NOS: Securities/Commodities/Exchange - Other Suits, Categories: Securities, Injunction
J. Carney-Axon grants summary judgment as to all claims in favor of two manufacturing companies in a dispute arising after a fire that halted production of magnesium cross-car beams used by Mercedes-Benz. “Alabama law generally bars double recoveries, and, although a party is entitled to full compensation for his injuries, he can gain but one satisfaction.” Both companies have been compensated for the alleged damages but have not carried the burden of fully mitigated damages. The court denies Mercedes-Benz’s request for cost and attorney fees for failing to brief why they were entitled to these fees. The insurer’s motion for partial summary judgment is denied as moot for availability of a force majeure affirmative defense as to the two manufacturing companies. “An affirmative defense is relevant only if a party prevails on liability,” the court will enter judgment for all claims.
Court: USDC Northern District of Alabama , Judge: Carney-Axon, Filed On: October 25, 2023, Case #: 7:22cv257, NOS: Other Contract - Contract, Categories: Insurance, Contract, Attorney Discipline
J. Carney grants final approval of a settlement that will bring an end to a class action alleging that BMW’s defective cup holders damage the airbags in BMW’s vehicles, creating the risk of injury or death for consumers. Under the settlement, class members' vehicles will be repaired by a BMW center free of charge and class members who have incurred out-of-pocket costs on such repairs may receive reimbursement.
Court: USDC Central District of California, Judge: Carney, Filed On: September 12, 2023, Case #: 8:21cv2063, NOS: Other Contract - Contract, Categories: Settlements, Product Liability, Class Action
J. Carney finds that the district court improperly held that an inmate barely out of his teens could not claim attorney fees and costs for challenging the educational services he received in prison under the individuals with disabilities education act. Acting on his own behalf as an “adult child” with a disability, the inmate prevailed in seeking the guaranteed free, appropriate public education and could recover as any parent or guardian is permitted under the act. Reversed.
Court: 2nd Circuit, Judge: Carney, Filed On: August 3, 2023, Case #: 21-2447, Categories: Ada / Rehabilitation Act, Education, Attorney Fees
[Consolidated.] J. Carney finds that the district court improperly found a chemical manufacturer and a shipper wholly responsible for cargo losses after an explosion and fire damaged a vessel carrying divinylbenzene, or DVB-80, from the U.S. to Belgium. Those parties were liable to the ship's owner and operator for damages under a failure-to-warn theory, but they should not have been held solely liable under sea carriage rules since the operator, which previously dealt with DVB, was aware of its "general dangerousness." Reversed in part.
Court: 2nd Circuit, Judge: Carney, Filed On: June 30, 2023, Case #: 18-2974(L), Categories: Admiralty, Damages, Negligence