99 results for 'filedAt:"2024-10-07"'.
J. Stevens upholds defendant’s conviction of unauthorized use of a motor vehicle. The evidence was sufficient to show that defendant drove a vehicle without the owner’s permission. Defendant points to conflicting evidence in the record as to whether the person named as the owner in the indictment had purchased or leased the vehicle, but that is not relevant, as the named owner had possession of the vehicle and a greater right than defendant to possession of the vehicle, which meets the definition of “owner” under the Texas Penal Code. Affirmed.
Court: Texas Courts of Appeals, Judge: Stevens, Filed On: October 7, 2024, Case #: 06-24-00081-CR, Categories: Evidence, Vehicle, Property
J. Rickman finds that the trial court properly granted the hospital's and individual's motions to dismiss the conservator's negligence action arising out of care her ward received. In light of the Georgia Supreme Court's 2010 findings in Deen v. Stevens, the trial court correctly found that the law setting a shorter statute of limitations for medical malpractice claims brought by some mentally incompetent people than the period for other claims brought by those people does not discriminate against mentally incompetent people and does not violate the equal protection clause of the Fourteenth Amendment. The conservator's claims fell outside the statute of limitations for claims sounding in professional negligence. Affirmed.
Court: Georgia Court of Appeals, Judge: Rickman, Filed On: October 7, 2024, Case #: A24A1035, Categories: Equal Protection, Medical Malpractice
J. Gobeil finds that the trial court properly denied in part the individual's motion to strike the moving company's defamation, libel and slander action against him under Georgia's anti-SLAPP law. The action arose after the individual wrote two negative online reviews of the company claiming the company and its president tried to extort him and violated Department of Defense regulations. The trial court correctly found the company and president showed a likelihood they could prevail on the claims. Affirmed.
Court: Georgia Court of Appeals, Judge: Gobeil, Filed On: October 7, 2024, Case #: A24A0733, Categories: Anti-slapp, Defamation
J. Phipps finds that the district court properly rejected an inmate’s claims against prison health care practitioners who, twice, unsuccessfully extracted two of his front teeth. The inmate failed to provide evidence of deliberate indifference — which is required for an Eighth Amendment claim — and the inmate’s medical malpractice claim was unpreserved. Affirmed.
Court: 3rd Circuit, Judge: Phipps, Filed On: October 7, 2024, Case #: 23-3230, Categories: Medical Malpractice, Prisoners' Rights
J. Dillard finds that the trial court improperly granted the employer's motion to dismiss a wrongful death action brought by the mother after the decedent was fatally shot by a co-worker who believed the decedent stole $400 from his bag. The trial court incorrectly found the action was barred by the Georgia Workers' Compensation Act. The co-worker was angry because of the suspected theft, not because the decedent turned in the misplaced bag. The suspected theft was not related to the decedent's performance of his work because it arose from a personal matter, therefore the statute does not apply. Reversed.
Court: Georgia Court of Appeals, Judge: Dillard, Filed On: October 7, 2024, Case #: A24A0623, Categories: Wrongful Death, Workers' Compensation
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J. Krause finds that the district court properly dismissed Allegheny County’s challenges to a jury verdict in favor of a former employee who filed a Civil Rights Act retaliation claim. While Allegheny County argues there was insufficient evidence for the jury to find for the former employee and that the district court erred in admitting certain evidence, both arguments fail. In the former, such judgment becomes boot once the case is submitted to the jury. In the latter, no evidence was wrongfully or improperly introduced. Affirmed.
Court: 3rd Circuit, Judge: Krause, Filed On: October 7, 2024, Case #: 23-1926, Categories: Civil Rights, Evidence, Employment Retaliation
J. Pryor finds that the district court improperly granted a preliminary injunction in the civil rights organizations' favor barring Florida officials from enforcing an amended criminal riot statute which redefined the crime of "riot." The organizations allege the statute violates the First Amendment because its vagueness requires them to self-censor to avoid prosecution. The Florida Supreme Court determined the statute is not ambiguous and does not apply to peaceful conduct in answer to a question certified by the 11th Circuit panel. The law is not unclear about what constitutes a violent public protest and requires that a protester act with intent to assist the violent conduct of others in order to be prosecuted. Reversed.
Court: 11th Circuit, Judge: Pryor, Filed On: October 7, 2024, Case #: 21-13489, Categories: Civil Rights, First Amendment
Per curiam, the circuit finds that the lower court properly dismissed a civil detainee's civil rights claims arguing that authorities used excessive force against him and then failed to provide him with medical care. All parties involved are protected by qualified immunity. Also, the detainee's claims relating to punitive conditions in the Minnesota Sex Offender Program are precluded. Affirmed.
Court: 8th Circuit, Judge: Per curiam, Filed On: October 7, 2024, Case #: 24-1318, Categories: Civil Rights, Immunity, Negligence
J. Snauffer finds the trial court improperly denied Union Pacific's motion for summary judgment. The drivers died after their collision with one-another caused their vehicles to strike a tree and burst into flames on land owned by Union Pacific. Relatives of the deceased parties say that Union Pacific was negligent for failing to remove the tree or to otherwise protect the public from it. Though the trial court found that the facts did not warrant creating a judicial exception to the ordinary duty of care, such an incentive for all property owners to clear their land of all stationary objects within a certain distance of a highway is untenable. The policy of preventing future harm weighs in favor of creating a judicial exception to the ordinary duty of care. Vacated.
Court: California Courts Of Appeal, Judge: Snauffer, Filed On: October 7, 2024, Case #: F087132 , Categories: Property, Negligence, Wrongful Death
J. Segal finds the trial court improperly granted the motorhome manufacturer's motion to stay a buyer's claims that the manufacturer failed to make repairs within a reasonable time or in a reasonable number of attempts. The trial court erroneously placed the burden on the purchaser to show enforcing a forum selection clause was unreasonable and that the manufacturer did not meet its burden to show litigating in Indiana would not diminish the purchaser's rights. Enforcing the forum selection clause in reliance on the manufacturer's proposed stipulation would violate California public policy. Reversed.
Court: California Courts Of Appeal, Judge: Segal, Filed On: October 7, 2024, Case #: B331970, Categories: Jurisdiction, Warranty, Contract
J. Hollander denied a business owner’s motion to vacate a default judgment in a False Claims Act case, alleging over $7 million in Medicare fraud and $21 million in damages and penalties. The government opposed the owner’s motion, and the court found no need for a hearing.
Court: USDC Maryland, Judge: Hollander, Filed On: October 7, 2024, Case #: 1:23cv1921, NOS: False Claims Act - Torts - Personal Injury, Categories: Government, Medicare, False Claims
J. Reidinger partially grants a health care provider and a hospital their motions to seal multiple documents in this trademark infringement case. Although the parties agree that all requested documents should be sealed, the court is the authority to make the decision. The parties argue for sealing because the documents contain confidential information, but they have failed to provide any compelling reason that the public should not have access to all but two of 24 exhibits.
Court: USDC Western District of North Carolina, Judge: Reidinger, Filed On: October 7, 2024, Case #: 1:23cv97, NOS: Trademark - Property Rights, Categories: Trademark, Discovery
J. Eddins answers a pair of questions on certification on whether the insurance company is obliged to defend a gas company in litigation from the state accusing it and other fossil fuel companies of exacerbating climate change. An “accident” includes an insured’s reckless conduct under the policy, and it is therefore covered. However, greenhouse gases should be considered “pollutants” under the policy’s pollution exclusion clause, as the understood definition of the gases generally being an environmental pollutant means there is not uncertainty or ambiguity. The exclusion bars coverage for the company’s emitting or representations about emitting greenhouse gases.
Court: Hawai'i Supreme Court, Judge: Eddins, Filed On: October 7, 2024, Case #: SCCQ-23-515, Categories: Energy, Environment, Insurance
J. Tuchi grants an online university's motion to dismiss a student's slander claim alleging that one of his instructors made vague references about the student and a classmate having an important discussion. Although this could be construed as implying a romantic relationship between the students, this allegation "does not even come close to stating an actionable claim." The student also fails to support with any evidence his discrimination claim alleging that he was denied the opportunity to write a dissertation on critical race theory due to his age and race.
Court: USDC Arizona, Judge: Tuchi, Filed On: October 7, 2024, Case #: 2:23cv2497, NOS: Assault, Libel, & Slander - Torts - Personal Injury, Categories: Civil Rights, Education, Defamation
J. Trauger denies the defendant company's dismissal motion in this lawsuit brought by a former employee alleging breach of a settlement agreement. The court concludes that the former employee's claims are not preempted under Garmon, as the defendant argues. Additionally, there is no basis to stay the case.
Court: USDC Middle District of Tennessee , Judge: Trauger, Filed On: October 7, 2024, Case #: 3:24cv193, NOS: Employment - Civil Rights, Categories: Employment, Settlements, Contract
J. Stickman grants a steel company’s motion for summary judgement in regards to a former employees ADA complaint. The former employee, who resigned, was unable to wear specialized safety boots required for the position due to a disabled foot. Being unable to comply with such an essential requirement of the job disqualifies the former employee from making the ADA claim.
Court: USDC Western District of Pennsylvania, Judge: Stickman, Filed On: October 7, 2024, Case #: 2:22cv1779, NOS: Civil Rights - Habeas Corpus, Categories: Civil Rights, Ada / Rehabilitation Act, Employment Discrimination
J. Boyle dismisses part of a civil rights lawsuit against Dallas County and three unnamed correctional officers. Three Muslim women claim they were arrested while protesting the Israel-Palestine conflict and that the officers forced them to remove their hijabs for their mugshots. The protesters’ civil rights claim against the county for alleged First Amendment violations is dismissed, as they have not sufficiently pleaded that the alleged violations were caused by an official policy or custom or by the county’s failure to adequately train its officers. The protesters’ claim that the county violated their right to freedom of worship under the Texas Constitution is also dismissed, as they are only seeking monetary damages and not equitable relief. However, the protesters’ declaratory judgment claim against the county is not dismissed; the protesters have sufficiently alleged they are experiencing continuing harm, as they claim their mugshots are stored in an online database that thousands of people have access to.
Court: USDC Northern District of Texas , Judge: Boyle, Filed On: October 7, 2024, Case #: 3:24cv737, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Constitution, First Amendment
J. McFadden grants Amtrak's motion to compel arbitration of the passenger's claims arising from the requirement that he wear a face mask on a January 2021 journey. The passenger had a meaningful choice in modes of transportation, including the car he has used to make the same journey in the years since, and so Amtrak's arbitration agreement is not procedurally unconscionable. A $225 arbitration fee is also not unconscionable, despite the passenger's in forma pauperis status, in part because there are concerns that he has substantially more assets and income than he disclosed while applying for that status.
Court: USDC District of Columbia, Judge: McFadden, Filed On: October 7, 2024, Case #: 1:22cv3684, NOS: Amer w/Disabilities - Other - Civil Rights, Categories: Arbitration, Civil Rights
J. Donato issues a permanent injunction forcing Google to open up its Google Play Store on Android devices to third-party app stores and distribute those third-party app stores through Google Play. For three years, Google is prohibited in the United States from paying companies to launch apps on Google Play first or paying companies not to compete with Google Play. The injunction also prevents Google from requiring app developers to use Google Play Billing.
Court: USDC Northern District of California, Judge: Donato, Filed On: October 7, 2024, Case #: 3:20cv5671, NOS: Antitrust - Other Suits, Categories: Antitrust, Injunction
J. Lake partially grants summary judgment for a university in a race discrimination claim by a former employee. Although the employee brought sufficient allegations to make a discrimination claim, the university had adequate non-discriminatory reasons to dismiss her, namely her performance and attendance issues. Moreover, the employee’s sole direct evidence of discrimination is directed towards one higher-up only, while the decision to terminate her employment came from multiple people who did not demonstrate any discriminatory intent.
Court: USDC Southern District of Texas, Judge: Lake, Filed On: October 7, 2024, Case #: 4:23cv837, NOS: Employment - Civil Rights, Categories: Civil Procedure, Evidence, Employment Discrimination
J. Anello dismisses wrongful death claims against San Diego officials from a family of a man that died after being held at the San Diego Central Jail. The family says officials did not properly monitor and treat decedent's blood potassium levels, resulting in his death from cardiac arrest and a subsequent brain injury caused by lack of oxygen. There is not enough on the record to show that jail officials knew decedent was in need of immediate medical care.
Court: USDC Southern District of California, Judge: Anello, Filed On: October 7, 2024, Case #: 3:23cv2158, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Wrongful Death
J. Hotaling largely denies both a class of futures traders and an agribusiness company’s motions to exclude each other’s expert witness testimony. In this case the futures traders accuse the agribusiness of illegally manipulating the price of wheat futures and options contracts traded on the Chicago Board of Trade. Both the class of traders and the agribusiness want to put an economist on the stand to testify, and seek to keep their opponent from doing likewise. The court finds both parties’ economists qualified to testify; the traders’ expert will have parts of his testimony excluded only to the extent that he previously offered opinions on the agribusiness’ “state of mind” while it was purportedly manipulating the wheat market.
Court: USDC Northern District of Illinois, Judge: Hotaling, Filed On: October 7, 2024, Case #: 1:20cv4090, NOS: Securities/Commodities/Exchange - Other Suits, Categories: Securities, Trade, Class Action
J. Du, on limited remand from the Ninth Circuit, makes factual findings responsive to the appeals court's questions. The firearms advocacy group originally brought constitutional challenges against a particular Nevada bill, which were dismissed. The group, in this remand from its appeal, presents the proposed findings that citizens were not prevented from making their own firearms during the relevant historical period, but offers no evidence to support this. The government officials' proposed findings are "mostly adopted," as they are supported by an expert report showing how the challenged law is analogous to founding-era laws that disarmed people considered dangerous, and imposed time, place and manner restrictions on the use of firearms.
Court: USDC Nevada, Judge: Du, Filed On: October 7, 2024, Case #: 3:21cv268 , NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Constitution, Firearms
J. Navarro denies the Shoshone Indian Tribe's motion to stay an undated decision from director of the Bureau of Indian Affairs. After certain tribal elections, the regional director determined the Court of Indian Offenses for the Western Region will exercise jurisdiction unless a tribal court is reestablished, finding two purported tribal court judges had not been validly appointed. The motion to stay is based on the tribe's claim for judicial review of the decision. The director has the authority to recognize a government rather than an individual representative for the purpose of maintaining government-to-government relations. The tribe has not demonstrated a likelihood of success on the merits.
Court: USDC Nevada, Judge: Navarro , Filed On: October 7, 2024, Case #: 2:24cv1629 , NOS: Administrative Procedure Act/Review or Appeal of Agency Decision - Other Suits, Categories: Judiciary, Native Americans, Agency
J. Chung finds that the lower court improperly convicted defendant of rape of a child after his half-sister accused him of repeatedly raping her. In closing arguments, the prosecutor unconstitutionally commented on defendant's silence or reluctance to answer questions. The right to remain silent is not evidence of an accused party's guilt but rather an exercise of their freedom from self-incrimination. Reversed.
Court: Washington Court of Appeals, Judge: Chung, Filed On: October 7, 2024, Case #: 85145-4, Categories: Prosecutorial Misconduct, Sex Offender, Self Incrimination
