89 results for 'cat:"Tort" AND cat:"Jurisdiction"'.
J. Gordo finds the trial court improperly denied a motion to dismiss from the president of a New York-based outdoor advertising company after he was folded into the media group's lawsuit against the company. The media group did not meet its legal burden to refute the president's challenge to the trial court's jurisdiction because he lives in New York and owns no property and does no business in the state of Florida, so the case is remanded for the trial court to grant the president's motion to dismiss. Reversed.
Court: Florida Courts Of Appeal, Judge: Gordo, Filed On: November 15, 2023, Case #: 23-0716, Categories: tort, jurisdiction
J. Whitehead grants the customer's motion to remand to state court her complaint alleging that she slipped and injured her knee inside a Safeway grocery store. Safeway filed its removal motion around the one-year deadline of the removal statute, which was one year after the customer filed and served her complaint, but Safeway does not show that the customer acted in bad faith during discovery to justify the filing delay, so this case will be remanded.
Court: USDC Western District of Washington, Judge: Whitehead, Filed On: November 9, 2023, Case #: 2:23cv638, NOS: Other Personal Injury - Torts - Personal Injury, Categories: tort, jurisdiction, Discovery
J. Guidry denies a Texas couple’s request for remand to a Louisiana state court, rejecting their argument a New Orleans tree care company impermissibly transferred their suit alleging that it, New Orleans and others are liable for critical injuries their young son suffered when a large oak limb fell and crushed him as he sat with his family sat on a bench in historic Jackson Square. The rule that the parents cite does not prohibit the litigant’s so-called “snap removal” of their suit to federal jurisdiction. The child remains hospitalized in a coma and “his future is uncertain.”
Court: USDC Eastern District of Louisiana , Judge: Guidry, Filed On: November 6, 2023, Case #: 2:23cv2768, NOS: Other Personal Injury - Torts - Personal Injury, Categories: tort, Damages, jurisdiction
J. Jackson declines to remand to state court the school board's lawsuit accusing Facebook, Instagram and Tik-Tok of being highly addictive to children and harmful to the learning environment it is required to provide for its students. The school board argues that it is an arm of the state and therefore immune from federal jurisdiction under the Eleventh Amendment, but this argument "has been squarely rejected by the U.S. Court of Appeals for the Fifth Circuit, each of the three Louisiana U.S. District Courts, and Louisiana's state courts, too."
Court: USDC Middle District of Louisiana, Judge: Jackson, Filed On: November 2, 2023, Case #: 3:23cv807, NOS: Torts to Land - Real Property, Categories: tort, Immunity, jurisdiction
Want access to unlimited case records and advanced research tools? Create your free CasePortal account now. No credit card required to register.
Try CasePortal for Free
J. Rectenwald finds that the circuit court properly declined to dismiss Honolulu’s lawsuit against a number of oil and gas producers. Honolulu and its water supply board’s complaint are well pleaded and challenge the sale of fossil-fuel products and the “sophisticated disinformation campaign” behind those sales. The oil companies’ ads were deceptive regarding their promotion of fossil fuel use. Affirmed.
Court: Hawai'i Supreme Court, Judge: Rectenwald, Filed On: October 31, 2023, Case #: SCAP-22-429, Categories: Energy, tort, jurisdiction
J. Sutton finds the lower court erroneously dismissed a fired CEO's tort claims against comedian Kathy Griffin because her tweets, which tagged the CEO's company and were shared with more than two million followers, provided the necessary contacts in the state of Tennessee to establish jurisdiction for the CEO's tort claims. Griffin revealed the CEO lived outside Nashville and urged her followers to contact his employer, a Tennessee-based company, to fire him, all of which directly targeted Tennessee and established jurisdiction for his tort claims. Reversed.
Court: 6th Circuit, Judge: Sutton, Filed On: October 31, 2023, Case #: 23-5257, Categories: tort, Emotional Distress, jurisdiction
J. Christopher finds that the trial court improperly denied the special appearance filed by one of the accused companies in a Jones Act case brought by the widow of a seaman who allegedly sustained fatal injuries in a forklift accident on a ship. The Swiss company "lacks minimum contacts with Texas" and is not subject to the trial court's jurisdiction. Reversed in part.
Court: Texas Courts of Appeals, Judge: Christopher, Filed On: October 26, 2023, Case #: 14-22-00470-CV, Categories: Maritime, tort, jurisdiction
J. Reichek finds that the lower court improperly denied the city's plea to the jurisdiction in this premises liability lawsuit involving an alleged trip and fall incident on a city sidewalk. There was no evidence that the city had knowledge of "a condition creating an unreasonable risk of harm." There were no prior injuries caused by the sidewalk, which included a change in elevation between two sections of the concrete. Reversed.
Court: Texas Courts of Appeals, Judge: Reichek, Filed On: October 17, 2023, Case #: 05-22-01001-CV, Categories: tort, jurisdiction
J. Nowell finds that the lower court improperly denied the city's plea to the jurisdiction in this negligence lawsuit brought by an individual who allegedly fell into a hole at a city park. The court concludes that the area was not "intended for pedestrian use," and there was no evidence that the city had "actual knowledge of the defect." Reversed.
Court: Texas Courts of Appeals, Judge: Nowell, Filed On: October 9, 2023, Case #: 05-23-00276-CV, Categories: tort, jurisdiction
J. Joseph denies remand to an offshore anchor handler suing his maritime employer for a work-related accident. Because he is not qualified as a seaman under the Jones Act, he may not return his personal injury suit to state court. Generally, Jones Act cases filed in state court may not be removed to federal jurisdiction. The ruling adopts the recommendations of a magistrate judge’s report.
Court: USDC Western District of Louisiana , Judge: Joseph, Filed On: October 5, 2023, Case #: 6:23cv649, NOS: Marine - Contract, Categories: Employment, tort, jurisdiction
J. Wilson finds the district court properly dismissed the improperly joined, nondiverse defendant strictly on the basis of admiralty jurisdiction. The marine towing company whose towing line was broken due to the wake of a passing cruise ship was improperly joined as a defendant in the state court petition. When Royal Carribbean Cruises removed the case to federal court, the district court properly dismissed the towing company, disregarded its citizenship and denied the wounded sailor’s motion to remand. Once the towing company was dismissed and no defendants remained, the district court properly severed and dismissed the state petition.
Court: 5th Circuit, Judge: Wilson, Filed On: October 2, 2023, Case #: 23-30112, Categories: Admiralty, tort, jurisdiction
J. Gray finds that the trial court properly granted the college's plea to the jurisdiction and dismissed the fire academy student's claims over his injuries that occurred during a demonstration in which he was sprayed in the head with water from a fire hose. There was no waiver of the college's immunity since the evidence does not show the student's injury resulted from the "operation of a motor vehicle." Affirmed.
Court: Texas Courts of Appeals, Judge: Gray, Filed On: September 21, 2023, Case #: 10-21-00070-CV, Categories: tort, Immunity, jurisdiction
J. Cabret finds against the government hospital in its appeal of a superior court order denying its motion for a bench trial in the patient's lawsuit over what he claims was the hospital's staff's negligence in failing to properly diagnose and treat his broken pelvis after he was in a car accident. Because the question of whether the hospital is entitled to a bench trial instead of a jury trial given of its potential waiver of sovereign immunity and the details of the Tort Claims Act is "effectively reviewable" after the lower court's final judgment, essential requirements for review are not satisfied and there is not yet jurisdiction to hear the hospital's interlocutory appeal, which is dismissed.
Court: Virgin Islands Supreme Court, Judge: Cabret, Filed On: September 21, 2023, Case #: 2023 VI 11, Categories: tort, jurisdiction, Medical Malpractice
J. Cronan finds the instant court lacks subject matter jurisdiction in this matter concerning a consumer claiming negligence against Johnson & Johnson and a contracted manufacturer of Johnson’s Baby Powder. The consumer claims she was exposed to asbestos-contaminated talc as an ingredient of Johnson’s Baby Powder, but Johnson & Johnson argues she ceased using the product before the contract manufacturer ever began making it. Because there are factual disputes regarding timeframes of usage and manufacture, the matter is remanded to the Supreme Court of the State of New York, New York County for further proceedings.
Court: USDC Southern District of New York, Judge: Cronan, Filed On: September 18, 2023, Case #: 1:21cv7222, NOS: Tort Product Liability - Real Property, Categories: tort, Product Liability, jurisdiction
J. Johnston denies the motion of the transportation company and logistics staffing service to dismiss, sever and transfer venue of the Kentucky man's suit claiming injuries he sustained were caused by his car crashing through a guardrail and going into a deep ravine in an attempt to avoid colliding with the operator of a tractor trailer that performed an abrupt, illegal U-turn in front of him. In addition to the companies having the "minimum contacts" in West Virginia to establish personal jurisdiction, severing the claims and transferring them to another jurisdiction would "fracture the case and create potentially overlapping and contradicting proceedings."
Court: USDC Southern District of West Virginia, Judge: Johnston, Filed On: September 15, 2023, Case #: 2:22cv275, NOS: Motor Vehicle - Torts - Personal Injury, Categories: tort, Vehicle, jurisdiction
J. Schroeder grants a commercial shipping firm its motion to transfer a suit against it after one of it drivers allegedly crashed into a motorist’s car, causing significant damage including claims of over $106,000 in medical expenses. Also, the motorist’s motion to remand this case is denied because she and her counsel previously had not objected to the suit’s removal to federal court. As she originally filed suit in the wrong county, the firm’s motion to transfer to the Western District of North Carolina is approved because the motorist lives there and the collision happened there.
Court: USDC Middle District of North Carolina, Judge: Schroeder, Filed On: September 9, 2023, Case #: 1:23cv382, NOS: Other Personal Injury - Torts - Personal Injury, Categories: tort, Vehicle, jurisdiction
J. Moore grants the individual driver's petition for a writ of mandamus, in which he challenges the denial of his dismissal motion in connection with an appeal in the underlying personal injury case. The notice of appeal was untimely filed, meaning the lower court did not acquire appellate jurisdiction. Accordingly, the petitioner is entitled to mandamus relief.
Court: Alabama Court of Civil Appeals, Judge: Moore, Filed On: September 8, 2023, Case #: CL-2023-0467, Categories: Civil Procedure, tort, jurisdiction
J. Pitt-Burke vacated the default judgment against individual defendants in a lawsuit stemming from a $2.1 million order for KN95 masks that, when delivered, were not for medical use as required by the contract. It is undisputed that neither the company, the individual defendants, nor any of their agents committed the alleged tortious acts while physically within the boundaries of New York. Therefore, the court should have granted the individual defendants' motion to vacate the default judgment against them. However, there is no meritorious excuse for the company's failure to respond to the complaint. Reversed in part.
Court: New York Appellate Divisions, Judge: Pitt-Burke, Filed On: August 31, 2023, Case #: 04480, Categories: tort, Damages, jurisdiction
J. Perez denies the federal government’s motion to dismiss, for lack of jurisdiction, a traveler’s personal injury suit stemming from her slipping and falling while passing through a TSA security checkpoint at the Philadelphia International Airport. The court has jurisdiction over the traveler’s claims.
Court: USDC Eastern District of Pennsylvania, Judge: Perez, Filed On: August 30, 2023, Case #: 2:22cv1610, NOS: Tort Product Liability - Real Property, Categories: Evidence, tort, jurisdiction
J. Bourliot finds that the trial court properly ruled in favor of the pastor in a case involving a dispute with his former church over the alleged conversion of insurance proceeds. The church's attorney lacked authority to represent it in the suit against the pastor since "the interests of the factions within the church are adverse." Affirmed.
Court: Texas Courts of Appeals, Judge: Bourliot, Filed On: August 29, 2023, Case #: 14-22-00028-CV, Categories: Civil Procedure, tort, jurisdiction
Per curiam, the appellate division finds that the lower court properly denied the synagogue's motion to dismiss claims stemming from alleged sexual abuse of a child while on a church-sponsored trip to Yellowstone National Park. The victim's claims were properly revived under the Child Victims Act even if the abuse occurred outside New York. Affirmed.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: August 24, 2023, Case #: 04416, Categories: tort, jurisdiction
J. Contreras finds that the lower court improperly granted the county defendant's plea to the jurisdiction in this lawsuit arising from an automobile accident. The plaintiff driver sufficiently created a fact issue as to whether the department "received actual notice" of his claim. Reversed.
Court: Texas Courts of Appeals, Judge: Contreras, Filed On: August 24, 2023, Case #: 13-23-00077-CV, Categories: tort, jurisdiction
J. Benavides finds that the lower court improperly denied the city's plea to the jurisdiction in this lawsuit concerning "property damage from stormwater runoff." The property owners' claims do not establish a waiver of the city's immunity, as the alleged property damage did not arise from "the operation or use of a motor-driven vehicle or motor-driven equipment." Reversed.
Court: Texas Courts of Appeals, Judge: Benavides, Filed On: August 17, 2023, Case #: 13-22-00528-CV, Categories: tort, Immunity, jurisdiction