101 results for 'cat:"Negligence" AND cat:"Jurisdiction"'.
J. Roumel finds the instant court lacks jurisdiction in this matter of alleged negligence and damages associated with a claim of enslavement of Moorish Americans. The action names the President and the estate of former President Lincoln as defendants, and the instant court may only consider claims against the United States, not government officials in their individual capacity. The action also relies on international declarations and resolutions as a foundation for allegations of human rights violations and other matters, and the instant court lacks jurisdiction in matters of international law. The court also lacks jurisdiction concerning all other claims brought forth by the claimant. Dismissed.
Court: Court of Federal Claims, Judge: Roumel, Filed On: February 23, 2024, Case #: 23cv1044, Categories: Damages, negligence, jurisdiction
J. Locke rules on a series of motions filed in a product liability lawsuit for injuries stemming from the use of a retractable dog leash product sold on Amazon and at Petco retail stores. A woman alleges her middle and ring fingers were amputated after the cord on a Flexi New Classic leash wrapped around her hand while she was walking her golden retriever. The court preserves her claims for negligence, design defect and failure to warn, and also finds it has personal jurisdiction over the claims against the product’s distributor. The court further grants limited discovery to allow the litigant to establish jurisdiction over the product’s manufacturer, which is based in Germany.
Court: USDC Eastern District of New York, Judge: Locke, Filed On: February 15, 2024, Case #: 2:22cv6608, NOS: Personal Injury - Product Liability - Torts - Personal Injury, Categories: negligence, Product Liability, jurisdiction
J. Reidinger grants the federal government’s motion to dismiss allegations of negligence brought by the daughter of a woman who died after hospital staff dropped her on her head while she was in a mechanical lift. The daughter is suing the federal government based on its relationship with the Cherokee-owned hospital. Under the Federal Tort Claims Act, which the daughter invokes, the hospital staff are considered federal employees. However, North Carolina doesn’t recognize the negligence claims, so the daughter fails to demonstrate that the FTCA gives the federal court subject matter jurisdiction over the claims.
Court: USDC Western District of North Carolina, Judge: Reidinger, Filed On: February 15, 2024, Case #: 1:22cv10, NOS: Other Personal Injury - Torts - Personal Injury, Categories: Tort, negligence, jurisdiction
J. Van Tatenhove finds in favor of the property owners regarding the jurisdiction of a property damages case. No parties were improperly added to the case, and because there is a reasonable question regarding the amount of damages, the state court is the proper venue for the case.
Court: USDC Eastern District of Kentucky, Judge: Van Tatenhove, Filed On: February 8, 2024, Case #: 5:23cv247, NOS: Torts to Land - Real Property, Categories: Damages, negligence, jurisdiction
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J. Pate grants the suing driver motion to remand his vehicle collision claims back to the circuit court of Macon County, Alabama. The sued driver had this case removed alleging diversity jurisdiction, but has not met the burden of proof nor has he shown preponderance of evidence.
Court: USDC Middle District of Alabama, Judge: Pate, Filed On: February 2, 2024, Case #: 3:23cv654, NOS: Motor Vehicle - Torts - Personal Injury, Categories: Vehicle, negligence, jurisdiction
J. Arthur finds the lower court properly dismissed a matter due to general jurisdiction, but improperly dismissed it on grounds that it lacked personal jurisdiction. A former student-athlete, also a Maryland resident, filed suit against the NCAA seeking to recover damages for a degenerative neurological condition he alleges is linked to the years he played football at Rutgers University. The former student-athlete argues the NCAA is subject to both general and personal jurisdiction in Maryland despite the NCAA being headquartered in Indiana, but the lower court determined it did not have jurisdiction over the matter due to the NCAA’s headquarters being located in Indiana. While the instant court agrees the NCAA is not subject to general jurisdiction, the former student-athlete did satisfactorily demonstrate that it is subject to specific personal jurisdiction based on the NCAA’s rulemaking activities in Maryland, and that due process will not be violated by answering the former student-athletes claims. Reversed in part.
Court: The Appellate Court of Maryland, Judge: Arthur, Filed On: February 1, 2024, Case #: 0866, Categories: negligence, Due Process, jurisdiction
J. Silfen finds that claims contending plaintiff suffered damages due the the postal service's failure to timely deliver a package containing a money order should be dismissed for lack of jurisdiction based on plaintiff's history of filing frivolous lawsuits.
Court: Court of Federal Claims, Judge: Silfen, Filed On: January 29, 2024, Case #: 23-1821L, Categories: negligence, jurisdiction
J. Duncan finds the district court improperly confirmed the London arbitration panel's award granting a shipping vessel owner $200 million after chemical tanks loaded at the Port of New Orleans exploded while crossing the Atlantic Ocean. The district court lacks personal jurisdiction over the shipping company that chartered the vessel because the company did not waive its personal jurisdiction defense by entering into a letter of undertaking issued by its insurer to the owner. Also, contact with the forum did not arise from the company's deliberate activities, but from unilateral activities of others. Reversed.
Court: 5th Circuit, Judge: Duncan , Filed On: January 29, 2024, Case #: 22-30808, Categories: Maritime, negligence, jurisdiction
J. Coogler grants the school district, its board members and two bus drivers’ motion to dismiss this denial of access to courts and racial discrimination claims stemming from a car collision. Two Black women allege that a bus driver was being trained by another when the bus veered over and ran the vehicle off the road hitting a concrete barrier. The women state they would have received better treatment if they were white but, fail to support the inference of discrimination. The court denies exercising supplement jurisdiction over this case.
Court: USDC Northern District of Alabama , Judge: Coogler, Filed On: January 18, 2024, Case #: 7:23cv1082, NOS: Other Personal Injury - Torts - Personal Injury, Categories: Vehicle, negligence, jurisdiction
J. Zimmerer finds that the trial court improperly denied summary judgment to the city in the family's suit over an auto collision caused by a city police officer who was in pursuit of a fleeing suspect. The city retained its governmental immunity since the officer had acted in good faith in chasing the suspect and had considered the relevant "need/risk balancing factors" during his pursuit. Reversed.
Court: Texas Courts of Appeals, Judge: Zimmerer, Filed On: January 11, 2024, Case #: 14-23-00061-CV, Categories: Immunity, negligence, jurisdiction
J. Baker denies ship owners' motion for summary judgment in a negligence action brought by the stevedore arising from spinal injuries he suffered while working aboard the ship. The stevedore alleged that he was injured while trying to lift a rusty metal hatch cover that had become stuck. The stevedore sufficiently alleged that the owners committed a tortious act or omission in Georgia which satisfies the Georgia long-arm statute by alleging that the owners breached the turnover duty. The torts allegedly committed by the owners happened in Georgia and the owners are subject to personal jurisdiction in Georgia.
Court: USDC Southern District of Georgia, Judge: Baker, Filed On: January 5, 2024, Case #: 4:22cv305, NOS: Marine - Contract, Categories: negligence, jurisdiction
J. Silva finds that the lower court improperly denied the city's plea to the jurisdiction in this negligence lawsuit brought by an employee who was allegedly "struck in the back with a John Deere tractor front loader bucket." The court concludes that the Texas Workers' Compensation Act applies to the case, as the employee "received workers' compensation insurance coverage for a work-related injury." Accordingly, the lower court lacked jurisdiction. Reversed.
Court: Texas Courts of Appeals, Judge: Silva, Filed On: January 4, 2024, Case #: 13-22-00040-CV, Categories: negligence, jurisdiction, Workers' Compensation
J. Colombell grants the garbage collector's motion to amend his slip and fall complaint. The worker, who slipped on ice at a mechanic shop, had put the current owners of the property as the defendant rather than the owners at the time of the fall, but the amendment is not prejudicial to any party.
Court: USDC Eastern District of Virginia, Judge: Colombell , Filed On: January 3, 2024, Case #: 3:23cv578, NOS: Other Personal Injury - Torts - Personal Injury, Categories: negligence, jurisdiction, Premises Liability
J. Mauro holds that the trial court properly rejected students' complaint regarding alleged sexual abuse by a school employee as barred by res judicata. The voluntary dismissal of their action in federal court served as a judgment on the merits. They argued that the federal court lacked jurisdiction to rule on the merits after the school district invoked immunity, but the federal court retained subject matter jurisdiction over a Title IX claim that was based on the same conduct alleged in the students' other claims. Because the alleged underlying harm supported both state and federal causes of action, claim preclusion applies, regardless of the legal theory the students assert to support their state action. Affirmed.
Court: California Courts Of Appeal, Judge: Mauro, Filed On: December 21, 2023, Case #: C095446, Categories: Immunity, negligence, jurisdiction
J. Moorer grants a citizen’s motion for remand back to the circuit court of Conecuh County in this negligence, wantonness, Alabama Extended Manufacturer’s Liability Doctrine and breach of implied warranty claims lawsuit against a group of manufactures. The manufacturer did not show evidence by preponderance in a controversy exceeding the jurisdictional requirement of $75,000.
Court: USDC Southern District of Alabama, Judge: Moorer, Filed On: December 1, 2023, Case #: 1:23cv98, NOS: Other Personal Injury - Torts - Personal Injury, Categories: negligence, jurisdiction, Discovery
J. Baker finds that the trial court improperly held that an estate's negligence claims were barred by issue preclusion. The Human Rights Bureau, which had heard claims that the estate's decedent was not given adequate treatment because of his race and disability, lacked the authority to hear the estate's tort claims for medical malpractice. The trial court also erred in holding that the county detaining the decedent lacked any duty of care to him. The county did not have a duty to provide detainees medical care, but it did have a duty to transport him to a hospital. Reversed.
Court: Montana Supreme Court, Judge: Baker , Filed On: November 7, 2023, Case #: DA 22-0656, Categories: negligence, jurisdiction
J. Rothstein grants the homeowner's motion to remand her complaint alleging that the energy company's water heater and natural gas fuel caused a fire that severely burned her, killed her mother and several pets, and rendered the home a total loss. The homeowner sufficiently states that her case belongs in Washington state court because she does not press any federal claims, she does not have to prove a federal tariff standard to prevail on her negligence claim, and there is no substantial federal question that needs to be resolved for her claims.
Court: USDC Western District of Washington, Judge: Rothstein, Filed On: November 6, 2023, Case #: 2:23cv1237, NOS: Other Personal Injury - Torts - Personal Injury, Categories: Property, negligence, jurisdiction