96 results for 'filedAt:"2023-10-30"'.
J. Wright grants the law firm and lawyer's motion to dismiss their former client's legal malpractice suit stemming from their representation in three prior legal malpractice suits. The client's failure to comply with a 180-day deadline to serve an expert affidavit warrants dismissal of its malpractice claims, and remaining claims arise from the same factual basis and are therefore dismissed along with it.
Court: USDC Minnesota, Judge: Wright, Filed On: October 30, 2023, Case #: 0:21cv2289, NOS: Other Contract - Contract, Categories: Fraud, Experts, Legal Malpractice
J. Dudek grants a manufacturer's motion to exclude an expert for a roofing company in product liability claims concerning the product Tritocryl, which is used in renovations, because the roofing company failed to timely disclose the expert.
Court: USDC Middle District of Florida, Judge: Dudek, Filed On: October 30, 2023, Case #: 2:21cv688, NOS: Tort Product Liability - Real Property, Categories: Civil Procedure, Product Liability, Experts
J. Stevens denies mandamus relief to the former inmate who sought to be released after he was civilly committed for treatment and supervision due to being deemed a sexually violent predator. The former inmate had only been in the supervision and treatment program for a month and failed to show his "behavioral abnormality had changed to the extent that he was no longer likely to engage in a predatory act of sexual violence."
Court: Texas Courts of Appeals, Judge: Stevens, Filed On: October 30, 2023, Case #: 06-22-00079-CV, Categories: Civil Procedure, Commitment
J. Logan rules a development company may pursue contract claims against a town concerning the construction of a community center, ice rink, and a college prep establishment. The development company sufficiently showed in court that the town officials claims of failure to move forward are barred by the statute of limitations.
Court: USDC Arizona, Judge: Logan, Filed On: October 30, 2023, Case #: 2:21cv1216, NOS: Other Contract - Contract, Categories: Construction, Contract
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[Consolidated.] J. Holdridge finds that the trial court properly dismissed the parish consolidated government's third party claims against an engineering firm in a construction dispute involving a road widening project. The claims were perempted since they were not filed within five years after the contracted services were completed. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Holdridge, Filed On: October 30, 2023, Case #: 2022CA1249, Categories: Civil Procedure, Construction, Contract
J. Lazarus finds that the lower court properly dismissed a homeowner’s claims against a home inspection company she says failed to discover issues with her home’s foundation at the time of inspection. The homeowner’s claims against the company under the Home Inspection Law are time-barred. Affirmed.
Court: Pennsylvania Superior Court, Judge: Lazarus, Filed On: October 30, 2023, Case #: J-A18026-23, Categories: Property, Damages, Contract
Per curiam. The Eighth Circuit finds a lower court properly dismissed a defendant’s Speedy Trial Act claims. The defendant, who was convicted for two federal arms crimes and sentenced to 120 months in prison, alongside a prior consecutive 600-month sentence, argued that the government violated established time limits for prosecution. However, the government presented sufficient evidence in court that the delay was the result of the Covid-19 pandemic. Affirmed.
Court: 8th Circuit, Judge: Per curiam, Filed On: October 30, 2023, Case #: 22-2645, Categories: Firearms, Sentencing
J. Smith denies the contractor's appeal of the Army Corp of Engineers' default termination of its construction contract for failure to diligently prosecute work on electric power transmission infrastructure in Afghanistan. Though the contractor says the corp's suspension of a contract line item and Covid-19 lockdowns impeded its performance, its arguments are unsupported and fail to rebut the corp's demonstrated justification for termination and clear consideration of the contractor's unsatisfactory response.
Court: Armed Services Board Of Contract Appeals, Judge: Smith , Filed On: October 30, 2023, Case #: 62592, Categories: Government, Contract
J. McIlmail finds the government improperly revoked the realty company's assignment of lease for the contractor to operate a commercial concession at the Dam East Recreation Center in Carlyle Lake, Illinois. The assignment extends the lease expiration and includes a 5-year plan setting forth development goals for each year, as well as performance requirements that include kayak and bicycle rental, and restaurant operation. Nothing in the development plan or lease causes the plan to expire after 5 years or that the lessee is required to submit a new plan. The company is not entitled to recover for the building within which its operations took place or for an expert's appraisal of the premises solely as a wedding venue.
Court: Armed Services Board Of Contract Appeals, Judge: McIlmail , Filed On: October 30, 2023, Case #: 63409, Categories: Government, Contract
J. Bennett partially grants a lender’s motion for summary judgment on allegations of financial damages brought by a military veteran homeowner after he applied for several loan modifications for his home. The homeowner went into forbearance of his mortgage due to a change of income; his wife was injured in a car collision. The lender argues that the homeowner would save more money in interest over the years by not modifying his mortgage. The Maryland Consumer Protection Act claim is denied because the claim remains a genuine dispute.
Court: USDC Maryland, Judge: Bennett, Filed On: October 30, 2023, Case #: 1:22cv149, NOS: Other Contract - Contract, Categories: Banking / Lending, Contract
Per curiam, the circuit finds that the district court improperly dismissed class false advertising claims concerning "reef friendly" sunscreen because deceptive trade practices claims were supported by evidence that reef-harming ingredients were listed on the back label. However, questions of fact remain unresolved on federal class express warranty claims based on whether the "friendly" label on the front of the bottle would induce a reasonable consumer to buy the sunscreen.
Court: 2nd Circuit, Judge: Per curiam, Filed On: October 30, 2023, Case #: 23-128, Categories: Business Practices, Class Action, False Advertising
J. Wilkinson finds the lower court properly declined the judge's motion for summary judgment on judicial immunity grounds. During a legal dispute between an ex-married couple over the distribution of several sentimental items like photos and yearbooks, the judge, frustrated with the husband's failure to turn over items, entered his home despite objection from the husband, whom she threatened to arrest and supervised the seizure of items in the house. Taking it upon herself to conduct an unlawful search of his home falls outside of her judicial role. Affirmed.
Court: 4th Circuit, Judge: Wilkinson, Filed On: October 30, 2023, Case #: 22-1757, Categories: Family Law, Judiciary, Immunity
J. Chesler allows the parties to continue certain claims and counterclaims contending a manufacturer kept a company's merchandise in its warehouses following cancellation of the parties' contract and that the company breached the parties' escrow agreement. Discovery must show whether the balance of merchandise remains in the manufacturer's possession, and while monies are currently held in escrow, funds should be deposited with the court since it is unclear whether the agreement had been breached.
Court: USDC New Jersey, Judge: Chesler , Filed On: October 30, 2023, Case #: 2:23cv1759, NOS: Other Contract - Contract, Categories: Contract
J. Hall upholds the magistrate judge's order and denies the individual's motion for recusal as to all of the judges of the southern and middle districts of Georgia, including the instant judge. The individual failed to provide a sufficient basis for the instant judge's recusal. The allegations that the judge is biased against the individual based on his race and that the judge colluded with other federal judges and officers to help the opposing parties in the individual's cases are conclusory and unsupported in fact. The individual's motion for reconsideration of the order reassigning the case to the instant court is also rejected.
Court: USDC Southern District of Georgia, Judge: Hall, Filed On: October 30, 2023, Case #: 1:20cv161, NOS: Other Civil Rights - Civil Rights, Categories: Civil Procedure
J. Atkins finds that defendant was properly convicted of second degree rape. The evidence shows that the victim did not consent to sexual intercourse with defendant during their date. The victim testified that before leaving a music venue on their date, she told defendant multiple times that she did not want to have sex and only consented to going to his condominium to eat. The victim told defendant "no" multiple times as he aggressively kissed her, attempted to take off her clothes, and forcefully penetrated her against her will. Further, there was testimony from another victim, detailing a sexual assault that was similar to the current case. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Atkins, Filed On: October 30, 2023, Case #: 2022-KA-0628, Categories: Evidence, Sex Offender
J. Gilbert grants Ford’s motion to dismiss a former worker’s second amended complaint seeking to enforce a contract settlement agreement claiming that the parties made a mutual mistake by omitting certain language. Any disputes dated before the settlement that support a claim of reform must be enforced. The former worker has 20 days to file an amended complaint, if she fails to file the complaint then the complaint will be dismissed.
Court: USDC Northern District of Illinois, Judge: Gilbert, Filed On: October 30, 2023, Case #: 1:22cv3190, NOS: Employment - Civil Rights, Categories: Employment, Settlements
J. Corley allows the bulk of claims to continue against the maker and some distributors of EzriCare eyedrops that left a man blinded in one eye. The claims properly allege that the maker had a duty to test the drops to make sure they were safe, but failed to do so. Claims against Amazon also proceed on the idea that, as a seller, it "cosigned" on the eyedrop products.
Court: USDC Northern District of California, Judge: Corley, Filed On: October 30, 2023, Case #: 3:23cv1632, NOS: Personal Injury - Health Care/Pharmaceutical Personal Injury/Product Liability - Torts - Personal Injury, Categories: Health Care, Product Liability
J. Pryor finds that the district court improperly denied in part a motion by Florida legislators to quash subpoenas seeking documents related to the drafting and adoption of Florida's Individual Freedom Act, also known as the Stop W.O.K.E. Act. The subpoenas arose from a civil rights action brought by professors and a student challenging the constitutionality of the Act. Legislative privilege shields state legislators from a discovery request related to determining their motives in passing a law. The district court incorrectly found that purely factual documents in the legislators' possession were discoverable since the privilege applies against the discovery of even factual documents. Reversed.
Court: 11th Circuit, Judge: Pryor, Filed On: October 30, 2023, Case #: 23-10616, Categories: Privilege
J. Rowland issues final judgment in favor of a church on its substantial burden claim under the Religious Land Use and Institutionalized Persons Act against Chicago, limiting damages to $14,590. It successfully argued that the city imposed restrictive parking limits on religious assemblies. The parties are ordered to file a joint status report by Nov. 9, 2023, for the motion of fees and the civil case terminated.
Court: USDC Northern District of Illinois, Judge: Rowland, Filed On: October 30, 2023, Case #: 1:17cv932, NOS: Other Civil Rights - Civil Rights, Categories: Civil Procedure, Civil Rights, Damages
J. Kelly grants the estate administrator's motion to amend the complaint in this suit alleging due process and equal protection violations, based on the decedent's placement with a certain foster parent. The estate administrator will be allowed to include certain employees of the Oklahoma Department of Human Services as defendants. The proposed defendants were previously dismissed without prejudice. The court notes that the amended complaint "includes additional facts that cure the deficiencies in the prior pleadings."
Court: USDC Northern District of Oklahoma , Judge: Kelly, Filed On: October 30, 2023, Case #: 4:20cv167, NOS: Other Civil Rights - Civil Rights, Categories: Civil Procedure, Civil Rights
J. Readler finds the lower court erroneously denied the prison officials' request for immunity on an inmate's Eighth Amendment claims. While the inmate served a longer sentence than the one listed in his plea agreement based on improper time served calculations, the prison officials are immune, as they were merely enforced the sentencing order issued by the trial court. The inmate failed to appeal either of the trial court's decisions that imposed the incorrect sentence and the officials' administration of the judgment of conviction and compliance with typical Kentucky sentencing procedures was not deliberate indifference. Reversed.
Court: 6th Circuit, Judge: Readler, Filed On: October 30, 2023, Case #: 22-5121, Categories: Robbery, Sentencing, Plea
J. Tavitas finds that defendant was properly convicted of murder because evidence indicates defendant provided two cohorts the location to commit a robbery, provided them a bat and bandana, and helped them cover up evidence. Meanwhile, since defendant knew violence might occur and he provided the bat, the felony murder doctrine applied. Affirmed.
Court: Indiana Court Of Appeals, Judge: Tavitas, Filed On: October 30, 2023, Case #: 22A-CR-2104, Categories: Evidence, Murder
J. Huffaker grants Alabama State University summary judgment on a senior associate athletic director’s Equal Pay Act claim. She was terminated after being told the university was restructuring her job and only changed its title when it was given to another female under the director’s supervision. Also, she fails to show evidence to a genuine dispute for her claims, her claims are dismissed with prejudice.
Court: USDC Middle District of Alabama, Judge: Huffaker, Filed On: October 30, 2023, Case #: 2:22cv47, NOS: Employment - Civil Rights, Categories: Evidence, Employment Discrimination, Employment Retaliation
J. Orrick dismisses the bulk of class copyright claims against the makers of the AI software Stable Diffusion from a class of artists who say the company trained the AI on their works without permission. The artists' claims are "defective in numerous respects" and too conclusionary to survive, offering up no concrete facts on how their works were used to create AI-generated fakes. A single direct infringement claim by one of the artists is allowed to proceed, while the rest are dismissed with leave to amend.
Court: USDC Northern District of California, Judge: Orrick, Filed On: October 30, 2023, Case #: 3:23cv201, NOS: Other Contract - Contract, Categories: Copyright, Class Action