J. MacDonald agrees with defendant, who appeals his convictions of aggravated felonious sexual assault and attempted aggravated felonious sexual assault, that the lower court erred in denying his motion for a mistrial. A statement was allowed that suggested there was a second victim, and this was highly prejudicial. Reversed.
Court: New Hampshire Supreme Court, Judge: MacDonald, Filed On: March 26, 2024, Case #: 2022-0728, Categories: Sex Offender, Assault, Child Victims
J. Burroughs denies a convenience store chain’s motion for judgment as a matter of law or a new trial after a brother and sister sued it for discriminating against them based on their disabilities and a jury found that the chain had discriminated against the brother and awarded him damages. The chain claims that the brother didn’t suffer any damages, but damages do not have to be financial, and he suffered a significant loss of independence and autonomy and the joy that such autonomy gave him, through having to switch from in-person shopping to shopping online due to the chain’s failure to make its store more easily wheelchair-navigable.
Court: USDC Massachusetts, Judge: Burroughs, Filed On: March 26, 2024, Case #: 1:22cv10046, NOS: Amer w/Disabilities - Other - Civil Rights, Categories: Ada / Rehabilitation Act, Damages
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J. Komitee grants a motion on the pleadings and declares a travel agency and its parent company are not afforded coverage under their professional liability insurance policy for a series of civil actions filed in Canada stemming from a fatal tour bus crash. The court finds coverage is excluded under the policy’s bodily injury exclusion clause.
Court: USDC Eastern District of New York, Judge: Komitee, Filed On: March 26, 2024, Case #: 1:21cv5590, NOS: Insurance - Contract, Categories: Insurance
J. Nye denies in part the state's motion to dismiss campers' allegations that the state violated their constitutional rights by enforcing the “anti-camping statute." The campers allege that their belongings were "searched, seized, and immediately destroyed" without a warrant. The campers have provided sufficient facts to allege that the director of the state police and director of the Idaho Department of Administration are not immune from suit with respect their Fourth Amendment claims.
Court: USDC Idaho, Judge: Nye, Filed On: March 26, 2024, Case #: 1:22cv162, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights
J. Nye grants a roofing company's motion for default judgment regarding allegations that a competitor began operating under the same name, which has led to marketplace confusion and lost business, as well as customer complaints to the roofing company from dissatisfied consumers who worked with the competitor. The roofing company sent a cease and desist letter to the competitor to stop using the trademarked name, but the competitor has not stopped. The roofing company has sufficiently stated a claim for trademark infringement and unfair competition, and has demonstrated that it will suffer irreparable injury in the absence of an injunction. The company is granted $8,386 in costs and fees and the competitor is permanently enjoined from using the trademarked name.
Court: USDC Idaho, Judge: Nye, Filed On: March 26, 2024, Case #: 4:23cv310, NOS: Trademark - Property Rights, Categories: Trademark, Unfair Competition
J. Kleeh partially dismissed a class action between a family partnership that owns mineral royalty interests and the operator of some of those oil and gas estates. Two of the family partnership’s counts are dismissed because the portions of state law they reference do not create a cause of action, and two other counts are barred by the “Gist of the Action” doctrine. The class allegations are sufficiently argued, as are the claims for attorney fees and punitive damages, so they survive the motion to dismiss.
Court: USDC Northern District of West Virginia, Judge: Kleeh, Filed On: March 26, 2024, Case #: 1:22cv1, NOS: Other Contract - Contract, Categories: Energy, Class Action, Contract
J. Kleeh dismisses a former Westover City Council member’s allegations of First Fourth Amendment Retaliation, violation of his 14th Amendment rights, as well as the slander and emotional distress claims he brought against the mayor, city police and other officials who allegedly conspired against him for blowing the whistle on corruption and police misconduct. His claim under the West Virginia Whistle-Blower Law survives the motion, however.
Court: USDC Northern District of West Virginia, Judge: Kleeh, Filed On: March 26, 2024, Case #: 1:22cv98, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Municipal Law, First Amendment
Per curiam, the New Jersey Supreme Court finds that the appellate division properly overturned an order limiting testimony from the alleged eight-year-old victim in defendant's trial for sexually molesting the child during music instruction. The child's video statement was testimonial, and defendant's right to confront witnesses did not depend on the victim's ability to recall details six years later. Affirmed.
Court: New Jersey Supreme Court, Judge: Per curiam, Filed On: March 26, 2024, Case #: A-13-23, Categories: Confrontation, Sex Offender, Child Victims
J. Deters finds the lower court erroneously granted the consumer's motion to withdraw her request for a jury trial over the pool company's objection. Although she was the party to pay the $500 jury deposit, Ohio law requires the consent of all parties to withdraw a jury request once the initial request has been perfected through payment. Reversed.
Court: Ohio Supreme Court, Judge: Deters, Filed On: March 26, 2024, Case #: 2024-Ohio-1065, Categories: Civil Procedure, Jury
J. Riedmann finds the county court improperly divided the marital estate. The ex-husband did not list the value for numerous items and both parties did not agree on the value of any item at issue. The total value of the marital assets was $212,000, with a joint property statement showing debts totaling $80,000. It is unclear from the record whether the court intended a specific distribution percentage or simply a distribution of assets and corresponding debt. The portion of the decree valuing and dividing the marital estate is vacated. Vacated in part.
Court: Nebraska Court Of Appeals, Judge: Riedmann, Filed On: March 26, 2024, Case #: A-23-386, Categories: Debt Collection, Family Law, Property
J. Cain grants the bank's motion for summary judgment on the breach of contract claim. The putative customer class alleges the bank improperly imposed fees for electronic bank transactions. The regional bank maintains locations only in Michigan and Ohio, and South Carolina's Door Closing Statute preventing the named individual from representing out-of-state plaintiffs precludes certification of the putative classes.
Court: USDC South Carolina Aiken, Judge: Cain , Filed On: March 26, 2024, Case #: 7:20cv1948, NOS: Other Contract - Contract, Categories: Banking / Lending, Class Action, Contract
J. Davis grants the insurer's motion for summary judgment in the disability benefits seeker's suit challenging the insurer's denial of long-term disability benefits on the basis that the benefits seeker's gunshot wounds and subsequent disability resulted from his commission of an assault, for which charges were later dismissed. The policy at issue's exclusion for disability resulting from the insured's criminal acts applies to the benefit seeker's injuries, which stemmed from an altercation in which he drove his truck into a group of people in a driveway and was shot by one of them.
Court: USDC Minnesota, Judge: Davis, Filed On: March 26, 2024, Case #: 0:22cv1918, NOS: Employee Retirement Income Security Act (ERISA) - Labor, Categories: Erisa, Contract
J. McConnell denies the insurer's motion for summary judgment on its action seeking declaratory judgment it has no obligation under the $1.89 million consent judgment awarded to the models who alleged the covered adult entertainment club included images of them in its advertisements without their consent. The models have shown evidence of the insurer's dilatory conduct, ambiguity in its coverage and strategic silence.
Court: USDC Rhode Island, Judge: McConnell, Filed On: March 26, 2024, Case #: 1:21cv63, NOS: Insurance - Contract, Categories: Evidence, Insurance
J. Honeywell grants the insurer's motion for summary judgment in its suit seeking a judgment that it has no duty to defend or indemnify its insureds in an underlying lawsuit and probate claim. An exclusion for claims stemming from alleged activities of an insured in their capacity as a director, partner, trustee, officer or employee of a business enterprise other than the business to which the policy was issued applies to a joint venture that company entered with another company.
Court: USDC Middle District of Florida, Judge: Honeywell, Filed On: March 26, 2024, Case #: 8:22cv106, NOS: Insurance - Contract, Categories: Insurance, Contract
J. Watson denies the newspaper subscribers' motion for class certification, ruling that because the newspaper gave different information concerning subscription length, price and "premium editions," the subscribers cannot satisfy commonality or typicality requirements.
Court: USDC Southern District of Ohio, Judge: Watson, Filed On: March 26, 2024, Case #: 2:19cv4262, NOS: Other Contract - Contract, Categories: Fraud, Consumer Law, Class Action
J. Watson grants the RV buyer's motion to enforce the parties' settlement agreement, ruling the dealer's failure to provide the extended service contract included as part of the settlement is a material breach, even in the absence of bad faith. Although the dealer now uses a new service provider to make repairs to vehicles, the original service contract was an integral part of the settlement and so it must honor its obligation and provide the original contract to the buyer.
Court: USDC Southern District of Ohio, Judge: Watson, Filed On: March 26, 2024, Case #: 2:23cv3568, NOS: Other Statutory Actions - Other Suits, Categories: Settlements, Warranty
J. Newey finds a lower court properly dismissed a life insurance company's challenge to imposed Value Added Tax. The life insurance company argued that revenue and customs authority overcharged it for performance fees plus VAT. However, revenue and customs sufficiently showed in court that the imposition was based on "taxable supply" for goods and services. Affirmed.
Court: Her Majesty's Court of Appeal, Judge: Newey, Filed On: March 26, 2024, Case #: CA-2023-861, Categories: Insurance, Tax, Damages
J. Patten finds a lower court properly dismissed a law firm's contract claims against an estate administrator. The law firm argued that the estate administrator owes in money for services rendered. However, although the law firm was entitled to conventional powers for sale of the estate, it was not authorized to charge fees for time spent in administering the estate. Affirmed.
Court: Her Majesty's Court of Appeal, Judge: Patten, Filed On: March 26, 2024, Case #: CA-2023-121, Categories: Attorney Fees, Contract