3,445 results for 'cat:"Civil Procedure"'.
J. Crone grants the motions to dismiss in a suit alleging the accused parties engaged in fraud during their participation in a criminal investigation by the DEA concerning "illegal drug distribution and money laundering" by a family who used their businesses to distribute the drug butanediol, which can be used as a substitute for the date rape drug gamma-hydroxybutyric acid. The case is dismissed due to lack of subject matter jurisdiction and for failure to state a plausible claim for relief.
Court: USDC Eastern District of Texas , Judge: Crone, Filed On: May 16, 2024, Case #: 1:23cv343, NOS: Other Fraud - Torts - Personal Property, Categories: civil Procedure, Fraud
J. Buchanan finds that the trial court should have granted a car buyer's peremptory challenge to the judge assigned to her lemon law case. The car buyer's challenge was timely under the master calendar rule since it was filed before the trial started, and her petition to this court was timely filed within 10 days of the trial court ruling in favor of the car manufacturer. Vacated.
Court: California Courts Of Appeal, Judge: Buchanan, Filed On: May 16, 2024, Case #: D083609, Categories: civil Procedure, Consumer Law, Warranty
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J. Stafford dismisses a homeowner’s appeal stemming intentional misrepresentation, negligent misrepresentation, fraud and Truth in Lending Act claims brought against the mortgage service that refinanced her mortgage. She fails to comply with requirements of the appellate procedure rules. Therefore, this case is remanded to the trial court for further proceedings. Reversed.
Court: Tennessee Court of Appeals, Judge: Stafford, Filed On: May 16, 2024, Case #: M2023-00696-COA-R3-CV, Categories: civil Procedure, Fraud, Banking / Lending
J. Atchley grants the circuit court clerk's motion to dismiss his second counterclaim, in which he seeks attorney fees related to a previous lawsuit against him involving "identical allegations" of sexual harassment. The court finds that dismissal of the counterclaim is appropriate under Rule 21, as it "does not resolve the entire action." Additionally, the court will deny the clerk's request for partial summary judgment as to his first counterclaim, which also seeks attorney fees.
Court: USDC Eastern District of Tennessee , Judge: Atchley, Filed On: May 16, 2024, Case #: 3:20cv293, NOS: Other Civil Rights - Civil Rights, Categories: civil Procedure, Employment Discrimination, Attorney Fees
J. Bailey finds that the lower court improperly granted summary judgment to the appellee company on its breach of contract claim alleging breach of a mediated settlement agreement against an individual who provided pumping services for the company. The appellant argues that the appellee company "breached the payment provision" in the parties' agreement before any alleged breach on his part. The court concludes that summary judgment was not appropriate, as the appellant "sufficiently raised a fact question with respect to the affirmative defense of prior material breach." Reversed.
Court: Texas Courts of Appeals, Judge: Bailey, Filed On: May 16, 2024, Case #: 11-22-00199-CV, Categories: civil Procedure, Contract
J. Longoria finds that the lower court improperly denied the appellant's amended bill of review, which sought to challenge certain parts of a guardianship order. The appellant contends that he was named beneficiary on certain accounts and that the order had given the guardian unauthorized powers to change the beneficiary designation. The court concludes that he was an "interested person" and that the challenged provisions were not authorized under the Texas Estates Code. Accordingly, the case is remanded for further proceedings. Reversed.
Court: Texas Courts of Appeals, Judge: Longoria, Filed On: May 16, 2024, Case #: 13-22-00592-CV, Categories: civil Procedure, Guardianship
J. Clark denies the postal service's motion to dismiss for improper service a former employee's pro se suit alleging race, sex, and age discrimination. The employee shall properly serve the postal service with summons and complaint no later than June 14, 2024.
Court: USDC Eastern District of Missouri, Judge: Clark, Filed On: May 15, 2024, Case #: 4:23cv1186, NOS: Employment - Civil Rights, Categories: civil Procedure, Employment Discrimination
Vice Chancellor Zurn dismisses claims in which 85 former BuzzFeed employees seek to arbitrate employment claims against the successor company under provisions contained in old employment agreements because the claims, which rely on the agreements, delegate the question of arbitrability to the arbitrator. Meanwhile, claims in which six employees request to dismiss an action seeking injunctive relief should be dismissed for failure to produce their employment agreements.
Court: Delaware Chancery Court, Judge: Zurn, Filed On: May 15, 2024, Case #: 2023-0377-MTZ, Categories: Arbitration, civil Procedure, Employment
J. Siler finds the prison officers failed to properly raise the defense of qualified immunity before the lower court and, therefore, forfeited the defense. Although qualified immunity was "mentioned" in their response to the inmate's civil rights lawsuit, the officers failed to provide any legal of evidentiary arguments to support their position, which renders it forfeit. Affirmed.
Court: 6th Circuit, Judge: Siler, Filed On: May 15, 2024, Case #: 23-1291, Categories: civil Procedure, Civil Rights, Immunity
Per curiam, the appellate division finds that the lower court properly denied the property owner's motion to enter a default judgment in a foreclosure action. The lender showed a reasonable excuse for its short delay in answering the complaint based on law office miscommunication. Affirmed.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: May 15, 2024, Case #: 02722, Categories: civil Procedure, Foreclosure
J. Doss finds that the lower court improperly denied the city's plea to the jurisdiction in this employment discrimination lawsuit. The former employee failed to show that her termination was "an instance of disparate discipline" in support of her claims for age and sex discrimination. Accordingly, the former employee's claims are dismissed based on a lack of subject matter jurisdiction. Reversed.
Court: Texas Courts of Appeals, Judge: Doss, Filed On: May 15, 2024, Case #: 07-23-00275-CV, Categories: civil Procedure, Jurisdiction, Employment Discrimination
Per curiam, the appellate division finds that the lower court properly upheld a restraining order that limited former president Donald J. Trump's ability to make public statements about senior prosecutor Matthew Colangelo or Justice Juan Merchan's daughter and prohibited him from responding to statements made by witnesses Michael Cohen and Stormy Daniels. Although litigants maintain their First Amendment rights during litigation, the court did not unduly limit these or fail to consider less restrictive alternatives. Trump's documented tendencies to make statements with immediate, real-world consequences to witnesses poses a significant threat to their willingness to participate fully in the proceedings, which triggered the court's duty to shield them. Affirmed.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: May 15, 2024, Case #: 02680, Categories: civil Procedure, Restraining Order
Per curiam, the appellate division finds that the lower court properly delcined to vacate an order of foreclosure. The borrower executed a consolidated note, and its principal executed a personal guaranty. The court thus has jurisdiction over the borrower because the process server plausibly testified as to service so that personal jurisdiction requirements were met. Affirmed.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: May 15, 2024, Case #: 02682, Categories: civil Procedure, Jurisdiction, Banking / Lending
J. Donnelly finds the appeals court erroneously assumed the domestic relations court had properly calculated the husband's income when it ordered him to pay child support despite no evidence of such a calculation in the record. Therefore, the case must be remanded to allow the domestic relations court to determine if the husband was voluntarily unemployed, which will affect the amount of child support owed to the wife. Reversed.
Court: Ohio Supreme Court, Judge: Donnelly, Filed On: May 15, 2024, Case #: 2024-Ohio-1833, Categories: civil Procedure, Family Law
J. Chambers grants the property owner's motion to remand the property dispute case and denies without prejudice the gas transmission company's motion to dismiss. Because there is no federal question jurisdiction here, the action is remanded to the Circuit Court of Putnam County, West Virginia.
Court: USDC Southern District of West Virginia, Judge: Chambers, Filed On: May 15, 2024, Case #: 3:23cv704, NOS: All Other Real Property - Real Property, Categories: civil Procedure, Property, Jurisdiction
J. Reichek finds that the lower court properly entered a take-nothing judgment on the appellant's claims, which included claims for breach of contract and fraud. Contrary to the appellant's argument on appeal, the lower court did not err in granting summary judgment. The record shows that the appellees' no-evidence motion was not conclusory. Affirmed.
Court: Texas Courts of Appeals, Judge: Reichek, Filed On: May 14, 2024, Case #: 05-23-00208-CV, Categories: civil Procedure, Fraud, Contract
J. Miskel finds that the lower court properly entered final judgment in this dispute between a tenant and a landlord involving a settlement agreement. The appellant's brief fails to include a proper discussion of the facts "with citations to the record" or a proper application of the law. Accordingly, the court cannot reach "the substance of his case." Affirmed.
Court: Texas Courts of Appeals, Judge: Miskel, Filed On: May 14, 2024, Case #: 05-22-00098-CV, Categories: civil Procedure, Landlord Tenant, Contract
J. Kennedy finds on remand from the court of criminal appeals that the lower court properly assessed costs of court in this case stemming from a bond forfeiture. However, the judgment is modified to delete certain fees, which were improperly assessed, including the law library, the appellate fund and the records management fees. Affirmed as modified.
Court: Texas Courts of Appeals, Judge: Kennedy, Filed On: May 14, 2024, Case #: 05-20-01005-CV, Categories: civil Procedure, Forfeiture
J. Brasher grants the hospital's mandamus petition and finds that the district court applied an incorrect legal standard in compelling the hospital to disclose internal quality files and referral logs to the employee in discovery in an employment discrimination action. The district court is directed to vacate its orders and reconsider the hospital's claim that the files were privileged under the Patient Safety and Quality Improvement Act. The law does not require that privileged information be created and used for a singular purpose.
Court: 11th Circuit, Judge: Brasher, Filed On: May 14, 2024, Case #: 23-12571, Categories: civil Procedure, Health Care
J. Kern finds that the lower court properly granted the law firms' motion for summary judgment on their claims for legal fees based on an account stated. An account stated claim is not duplicative of a claim for breach of contract, because the client's act of retaining the invoice without objection is considered acquiescence as to its correctness. Affirmed.
Court: Illinois Appellate Court, Judge: Kern, Filed On: May 14, 2024, Case #: 02657, Categories: civil Procedure, Attorney Fees
J. Cogburn grants a school district’s motion to dismiss civil rights violations allegations brought against it by a student’s parents, who proceed pro se. According to federal civil procedure, the parents of a minor must name the child as the party of interest even if they are proceeding on the minor’s behalf. The parents in this case have failed to do so. Also, parents may not proceed pro se in federal court. However, the parents’ complaint is dismissed without prejudice.
Court: USDC Western District of North Carolina, Judge: Cogburn, Filed On: May 14, 2024, Case #: 3:24cv7, NOS: Education - Civil Rights, Categories: civil Procedure, Civil Rights, Education