J. Smith finds the district court improperly found that the insurance company owed the racing event organizer a duty to defend. The organizer sought legal defense when injured parties and estates of deceased sued after a vehicle careened into the crowd of spectators. A motor vehicle exclusion unambiguously excludes coverage for the damages at issue. Though, the policy is not therefore "illusory," as claimed by the organizer, being it does cover spectator "slip and falls." Reversed.
Court: 5th Circuit, Judge: Smith , Filed On: April 26, 2024, Case #: 23-50336, Categories: Insurance, Damages, Wrongful Death
Per curiam, the Fifth Circuit finds the district court properly dismissed civil rights claims brought by the individual against whom criminal trespass warnings were issued. Issued the warnings after city library staff reported him for harassment, the individual sent complaints and notices to various municipal entities and officers. He was then again reported for violation of the library warning. He asserts over 100 civil claims seeking millions of dollars in damages. Qualified immunity shields officials performing discretionary functions from civil liability. No federal claims remain, and there is no abuse of discretion in the district court's declining to exercise supplemental jurisdiction over state claims. Affirmed.
Court: 5th Circuit, Judge: Per curiam, Filed On: April 26, 2024, Case #: 23-11190, Categories: Civil Rights, Government, Damages
J. Henderson finds the superior court properly ruled that the Copper River Native Association’s (CRNA) member tribes have not waived CRNA’s arm-of-the-tribe immunity. “CRNA’s member tribes use it to deliver tribal healthcare services, a core tribal governmental function necessarily connected to tribal self-governance and autonomy.” Affirmed.
Court: Alaska Supreme Court, Judge: Henderson, Filed On: April 26, 2024, Case #: S-17965, Categories: Native Americans
J. Nelson finds that the district court properly declined to preliminarily enjoin a California Public Utilities Commission rule changing the mechanism for charging telecommunications providers to fund California’s universal service program. The district court properly denied preliminary injunctive relief because the carriers were unlikely to succeed on the merits of their express preemption claims. Affirmed.
Court: 9th Circuit, Judge: Nelson, Filed On: April 26, 2024, Case #: 23-15490, Categories: Communications
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J. Liman denies former President Trump's motion for a new trial on author Jean Carroll's claim that he defamed her in two statements issued from the White House in 2019. The jury was entitled to conclude that Mr. Trump derailed Ms. Carroll's career, and exposed her to public threats due to his malicious attacks on her character. The compensatory damages award of $18.3 million is far from an anomaly in high-profile defamation cases, and the jury was entitled to find that Mr. Trump's continued attacks on Ms. Carroll, even during the course of trial, warranted a finding he would not stop making such remarks without a significant deterrent, supporting the $65 million punitive damages award.
Court: USDC Southern District of New York, Judge: Liman, Filed On: April 26, 2024, Case #: 1:20cv7311, NOS: Other Personal Injury - Torts - Personal Injury, Categories: Damages, Defamation
J. Waples finds that the trial court improperly granted the state’s motion to modify a condition of probation when imposing that the defendant must complete the Cognitive Self Change (CSC) program. The defendant argues that after his sentencing they changed the CSC program and his probation officer moved to modify the condition for the Risk Reduction Program, but he did not agree to the modification. The plain language of the condition was misinterpreted by the Department of Corrections to require the defendant to participate in CSC or an equivalent program. Therefore, the defendant could move to strike or modify the condition himself before it goes in effect. Reversed.
Court: Vermont Supreme Court, Judge: Waples, Filed On: April 26, 2024, Case #: 23-AP-140, Categories: Criminal Procedure, Murder, Probation
J. Walton partially grants the employer's motion to dismiss the employee's suit alleging nonpayment of wages, failures to pay correct overtime rates for overtime hours and employee misclassification. The employee's misclassification claims under the McNamara-O'Hara Service Contract Act fail because the Act does not create a private right of action for such claims, but her claims independent of that Act survive.
Court: USDC District of Columbia, Judge: Walton, Filed On: April 26, 2024, Case #: 1:22cv3094, NOS: Fair Labor Standards Act - Labor, Categories: Employment, Labor
J. Chutkan denies a motion to reconsider a determination that a search warrant, which led officers to search a house where the suspect they were seeking did not live, was valid. The court's decision not to grant the searched civilians' request for an adverse inference based on the absence of a report from the database a detective said he searched before seeking the warrant was not "outcome determinative," a school employee's statement to the detective has not been shown to be inadmissible hearsay, a form used to confirm the address was not inadmissible by reason of being unauthenticated, and the searched civilians did not timely raise issues with testimony that another officer conducted a second database search, the admission of which would have been harmless error if it was error at all.
Court: USDC District of Columbia, Judge: Chutkan, Filed On: April 26, 2024, Case #: 1:17cv1046, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Constitution
J. Smith finds the district court properly denied the firearm advocates' request for a preliminary injunction. The advocates challenge provisions of the Bipartisan Safer Communities Act of 2022, saying the government has shown no historical analogue for expanded background checks for 18-to-20-year-olds. The 10-day waiting period for background checks is not abusive, nor does it impose a de facto prohibition on possession. Existing case law makes clear that background checks are constitutional. Affirmed.
Court: 5th Circuit, Judge: Smith , Filed On: April 26, 2024, Case #: 23-10837, Categories: Administrative Law, Constitution, Firearms
J. Howell grants the employer's motion for summary judgment in the employee's suit alleging failures to provide a computer with enlarged font after the surgical removal of her eye and to grant her adequate leave during the Covid-19 pandemic, along with a failure to promote her which she argues was discriminatory. The employee has not shown that the employer's stated reason for failure to promote her, namely a poor interview performance, was pretextual, nor that its reason for terminating her, namely repeated failures to provide medical documentation required for accommodations including leave, was pretextual. The employee's failure-to-accommodate claims also fail, since the employee has not alleged that, when told that the computer they provided was inadequate, her supervisors refused or failed to follow up on her objections or that it did not engage in a good-faith dialogue with the employee as to her leave requests.
Court: USDC District of Columbia, Judge: Howell, Filed On: April 26, 2024, Case #: 1:23cv1507, NOS: Employment - Civil Rights, Categories: Employment, Employment Discrimination
J. Rickman finds that the trial court properly granted the company's motion for default in a dispossessory action against the tenant. The tenant failed to respond to the action within seven days of being served. The company's request for specific enforcement of a provision in the lease in addition to a writ of possession did not change the applicability of dispossessory laws or the company's obligation to timely answer. Affirmed.
Court: Georgia Court of Appeals, Judge: Rickman, Filed On: April 26, 2024, Case #: A24A0291, Categories: Landlord Tenant
J. Bennett finds that the district court improperly denied Warner Bros. Entertainment’s motion to compel arbitration pursuant to the terms of service in a mobile application Game of Thrones: Conquest. A putative class action filed against Warner Bros. alleged false and misleading advertising within the game. The mobile game has a “sign-in wrap agreement” where users are required to advance through a sign-in screen which states “By tapping ‘Play,’ I agree to the Terms of Service.” A sign-in wrap agreement may be an enforceable contract based on inquiry notice if the website provides reasonably conspicuous notice of the terms. The district court was incorrect in finding that Warner Bros. failed to provide reasonably conspicuous notice. Reversed.
Court: 9th Circuit, Judge: Bennett, Filed On: April 26, 2024, Case #: 22-55982, Categories: Class Action, False Advertising
J. Brooks denies in part motion to dismiss a family's allegations that a five-year-old died from died from melioidosis, an infectious disease caused by a tropical bacteria called Burkholderia pseudomallei, which they allege he was exposed to by contaminated aromatherapy room spray. The product was purchased at Walmart, and later that year, Walmart recalled the product after finding the bacteria in it. The parents are already litigating a suit against Walmart, and the majority of defendants consent to transfer. Claims against some defendants are severed from claims against other defendants, and the amended complaint shall be given a new case number. This case, with the remaining defendants, shall be transferred to United States District Court for the Central District of California (Eastern Division).
Court: USDC Central District of California, Judge: Brooks, Filed On: April 26, 2024, Case #: 5:24cv870, NOS: Personal Injury - Product Liability - Torts - Personal Injury, Categories: Tort, Wrongful Death
J. Wood partially rules in favor of the employee and the executive in a breach of contract and fiduciary duty action brought by the insurance brokerage firm for violating their employment agreements. The employee's motion for summary judgment is granted as to the firm's claims for breach of non-compete covenant and breach of confidentiality and non-disclosure covenants regarding all clients except one. However, the employee's motion is denied with respect to claims for breach of fiduciary duty, breach of non-solicitation, employee non-interference and confidentiality covenants for information on one client. Genuine issues of fact exist as to whether the employee breached his non-solicitation covenant but undisputed evidence shows that the executive did not breach hers. There is a factual dispute as to whether the executive violated her confidentiality and non-disclosure covenants.
Court: USDC Southern District of Georgia, Judge: Wood, Filed On: April 26, 2024, Case #: 4:23cv54, NOS: Other Contract - Contract, Categories: Employment, Fiduciary Duty, Contract
J. Pyle finds that the trial court properly found for prison employees in a prisoner's civil rights claims contending an employee was loud, disruptive, and disrespectful. Meanwhile, the prisoner was properly temporarily removed from employment in the law library since the prisoner's comments on the restroom policy did not constitute speech protected under the first amendment. Affirmed.
Court: Indiana Court Of Appeals, Judge: Pyle, Filed On: April 26, 2024, Case #: 23A-CT-201, Categories: Civil Rights, Constitution, Prisoners' Rights
J. AliKhan grants summary judgment to the FBI in the information seekers' Freedom of Information Act suit related to the 2012 attacks on the U.S. Embassy in Benghazi, Libya. The FBI has adequately established that withheld records are part of an ongoing investigation of the attacks, and existing public accounts of the attacks do not undermine the agency's concerns about interference with that investigation.
Court: USDC District of Columbia, Judge: AliKhan, Filed On: April 26, 2024, Case #: 1:14cv1589, NOS: Freedom of Information Act (FOIA) - Other Suits, Categories: Administrative Law, Public Record, Agency
J. Traver finds the trial court improperly denied the tenants’ motion to reconsider and entered a final judgment in favor of the landlord in this eviction lawsuit. The tenants argue the total amount of rent due was wrong and they were entitled to a hearing on their motion to reconsider. The judgment of eviction is vacated and remanded to determine the correct amount of rent due. Reversed.
Court: Florida Courts Of Appeal, Judge: Traver, Filed On: April 26, 2024, Case #: 6D23-2223, Categories: Civil Procedure, Landlord Tenant, Damages
J. St. Eve finds that the lower court properly convicted singer R. Kelly of sexually abusing underage girls, and of child pornography for videotaping his sex acts with his victims. Under current law, there is no statute of limitations for sex crimes against children. Although R. Kelly's abuse of his victims took place in the 1990s and 2000s, he is not entitled to the application of an earlier version of the statute with a shorter limitations period. The PROTECT Act of 2003 unambiguously applies retroactively to R. Kelly's crimes. Affirmed.
Court: 7th Circuit, Judge: St. Eve, Filed On: April 26, 2024, Case #: 23-1449, Categories: Criminal Procedure, Sex Offender, Child Victims
J. Wollenberg finds the superior court properly determined that Alaska courts are not constitutionally required to instruct grand juries that they have discretion to decline to enforce the law in a particular case. No case law supports the notion that “the constitution requires the superior court to affirmatively instruct the grand jurors that they have this power—particularly where the grand jury instructions do not expressly foreclose the exercise of this kind of discretion.” Affirmed.
Court: Alaska Court Of Appeals, Judge: Wollenberg, Filed On: April 26, 2024, Case #: A-11759, Categories: Jury Instructions
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. Douglas finds the district court properly ruled in favor of the pecan farm in this negligence suit. The suit arose from water damage caused by a "120-year flood" exacerbated by the strip miner's groundwater pit's breach releasing a deluge onto the farm's property. Based on evidence presented, including that showing prior breaches, the jury could reasonably conclude that it was foreseeable that water would gather in the pit in such large quantities that when it overflows it could flood surrounding land. Affirmed.
Court: 5th Circuit, Judge: Douglas , Filed On: April 25, 2024, Case #: 23-50330, Categories: Agriculture, Water, Negligence
Per curiam, the Fifth Circuit finds the district court improperly ordered defendant to pay $6000 in restitution to the victim's mother. Defendant plead guilty to two counts of production of child pornography in exchange for the government's dismissal of five other counts. The presentence report cites inapplicable statutes and the court failed to conduct the required proximate-cause analysis. Vacated.
Court: 5th Circuit, Judge: Per curiam, Filed On: April 25, 2024, Case #: 22-11001, Categories: Restitution, Due Process, Child Pornography