3,445 results for 'cat:"Civil Procedure"'.
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. Fasciale finds that the appellate division improperly allowed employees to continue claims contending they had not been paid for pre- and post-shift work because the cited amendments to state wage payment law were not in effect when the alleged violations occurred and were not intended to be applied retroactively. Reversed.
Court: New Jersey Supreme Court, Judge: Fasciale , Filed On: May 14, 2024, Case #: A-3-23, Categories: civil Procedure, Employment
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J. Kennedy finds in this interlocutory appeal that the lower court properly dismissed certain claims against the school district due to a lack of subject matter jurisdiction. Contrary to the appellant's argument, the district's removal of the case to federal court "did not impact its right to rely on governmental immunity under state law." Affirmed.
Court: Texas Courts of Appeals, Judge: Kennedy, Filed On: May 13, 2024, Case #: 05-23-00877-CV, Categories: civil Procedure, Immunity, Jurisdiction
J. Gwin grants the city's motion for judgment on the pleadings, ruling the police officer's state and federal discrimination claims must be dismissed for a failure to exhaust his administrative remedies. He has yet to receive a "right to sue" letter from the EEOC. Meanwhile, because the officer details the actions of only a single individual in his complaint regarding an alleged conspiracy to remove him from the rank of commander, his civil conspiracy claim fails.
Court: USDC Northern District of Ohio, Judge: Gwin, Filed On: May 13, 2024, Case #: 1:23cv2193, NOS: Employment - Civil Rights, Categories: civil Procedure, Employment Retaliation
J. Rodriguez finds that that a veteran who suffered severe and permanent injuries from improvised explosive devices while on duty in Iraq has submitted sufficient evidence to recover damages under the Foreign Intelligence Surveillance Act from the Islamic Republic of Iran for supporting the insurgents who conducted the attacks. The County of Iraq has not responded, and the veteran has moved for a default judgment which the court grants in part. The veteran is awarded $5 million of his $7 million claim for pain and suffering, he is awarded $25 million of his $300 million punitive damages claim, but he cannot recover lost wages for lack of evidence and he cannot recover attorney fees.
Court: USDC Southern District of Texas, Judge: Rodriguez, Filed On: May 13, 2024, Case #: 1:22cv76, NOS: Other Personal Injury - Torts - Personal Injury, Categories: civil Procedure, International Law, Sanctions
J. Johnson vacates the judgment of eviction since the tenant was deprived of a fair trial because the trial court did not swear-in the landlord's property manager and relied on her statements during trial. Further, the trial court called a security guard witness on behalf of the landlord over the tenant's objection. Vacated.
Court: Louisiana Court Of Appeal, Judge: Johnson, Filed On: May 13, 2024, Case #: 2023-CA-0782, Categories: civil Procedure, Landlord Tenant
J. Brown finds that the trial court properly denied a medical provider's peremptory exceptions of no right of action and prescription related to the deceased patient's father's survival and wrongful death claims stemming from medical malpractice. The father is the proper party to assert survival and wrongful death claims because the record shows that the decedent and the mother of his alleged son were not married at the time of the son's birth. Therefore, the alleged son was not entitled to the presumption that he was the decedent's biological child and was required to take affirmative steps to establish paternity within one year of the decedent's death. Further, the father's filing of the complaint with the medical review panel less than a year after the decedent’s death interrupted prescription as to the filing of those claims with the district court. The father then filed his petition for damages within 90 days of the issuance of the medical review panel opinion.
Court: Louisiana Court Of Appeal, Judge: Brown, Filed On: May 13, 2024, Case #: 2024-C-0207, Categories: civil Procedure, Wrongful Death, Medical Malpractice
[Consolidated.] J. Jacobs finds that the district court properly dismissed antitrust claims in which developers of a brand name blood-pressure drug and its generic equivalents contend "reverse" patent-infringement settlement payments had been made to delay market entry of the generics. Precedent holds that such arrangements can be illegal if they do not represent fair value for goods exchanged as part of an arms-length transaction, but plaintiffs, as purchasers of the drugs, failed to demonstrate the payments were unjustified or unexplained. Furthermore, dismissal with prejudice was proper since the amendment did not cure pleading deficiencies. Affirmed.
Court: 2nd Circuit, Judge: Jacobs, Filed On: May 13, 2024, Case #: 23-410 (L), Categories: Antitrust, civil Procedure, Patent
Per curiam, the Vermont Supreme Court finds the trial court properly ordered the ex-husband to continue providing health insurance for his ex-wife during the nisi period of their divorce until it was finalized. The ex-wife alleges that her ex-husband had violated the order by removing her coverage or reinstating the insurance before the nisi period was absolute. The ex-husband disagreed alleging the court lacked authority for him to reinstate the insurance. Therefore, the ex-husband failed to wait until the nisi period was over and was still considered married, so he violated the court’s order to reinstate. Affirmed.
Court: Vermont Supreme Court, Judge: Per curiam, Filed On: May 13, 2024, Case #: 23-AP-376, Categories: civil Procedure, Family Law
J. Bowes finds that the lower court properly denied defendant’s petition to expunge his involuntary mental health commitment via the Mental Health Procedures Act. Defendant’s commitment was done in strict accordance with the Act after a sergeant dispatched to his house found that he hadn’t slept in three days, had barricaded children in a bedroom closet, and was incapable of maintaining household cleanliness. Affirmed.
Court: Pennsylvania Superior Court, Judge: Bowes, Filed On: May 13, 2024, Case #: J-A29003-23, Categories: civil Procedure, Commitment
J. Bolden grants the estate's motion for summary judgment, ruling the attorney's vexatious litigator and civil conspiracy claims are barred by the statute of limitations. He failed to file his complaint within three years of the estate's grievance against him, which was a single act and not an ongoing course of conduct that tolled the limitations clock.
Court: USDC Connecticut, Judge: Bolden, Filed On: May 11, 2024, Case #: 3:17cv958, NOS: Other Contract - Contract, Categories: civil Procedure, Contract
J. Boyd finds that the court of appeals improperly ruled in a trust case arising out of a suit filed by a brother against his sister, who allegedly unlawfully transferred funds from a family trust to herself and then to her two sons. After the probate court ruled the transfer void, the court of appeals vacated the case for lack of jurisdiction, citing that the sons are the appropriate parties of the case because they are now the owners of the stocks. On the issue of jurisdiction, the court of appeals incorrectly found that the probate court did not have the authority to rule on the case without the sons being included. Reversed.
Court: Texas Supreme Court, Judge: Boyd, Filed On: May 10, 2024, Case #: 22-0674, Categories: civil Procedure, Trusts, Wills / Probate
J. Molberg conditionally grants the relators' petition for a writ of mandamus, in which they seek to compel the judge in the underlying contract case to rule on certain pending motions. The court concludes that the motions were properly filed and the "trial judge has failed to rule within a reasonable time."
Court: Texas Courts of Appeals, Judge: Molberg, Filed On: May 10, 2024, Case #: 05-24-00191-CV, Categories: civil Procedure, Contract
J. Sheldon finds the trial court properly denied the borrower's motion to file counterclaims against the lender. At the time she filed them, the foreclosure action had been pending for more than two years and the addition of counterclaims would have prejudiced the lender and caused an undue delay in the case. Affirmed.
Court: Connecticut Court Of Appeals, Judge: Sheldon, Filed On: May 10, 2024, Case #: AC46046, Categories: civil Procedure, Banking / Lending