164 results for 'filedAt:"2024-03-14"'.
J. Hunt grants the suing boiler-leasing company’s motion to dismiss the defendant power plant operator’s counterclaims of fraud. The boiler company sued the plant operator after the plant operator returned one of its leased boilers in damaged condition; the operator in turn claimed the boiler was never in as good of condition as the boiler company claimed. The court finds the power plant operator has failed to sufficiently back up its fraud counterclaims, and dismisses them with prejudice.
Court: USDC Northern District of Illinois, Judge: Hunt, Filed On: March 14, 2024, Case #: 1:21cv1353, NOS: Other Contract - Contract, Categories: Fraud, Property, Contract
J. Rickman finds that the trial court improperly refused to rule in favor of the theme park in a negligence action brought by the patron arising from injuries he suffered when another guest crashed into the back of his go-kart. Evidence showed that the patron had previously ridden the go-kart course and knew that the go-karts sometimes bumped each other. He therefore assumed the risk of his injuries. Reversed.
Court: Georgia Court of Appeals, Judge: Rickman, Filed On: March 14, 2024, Case #: A23A1463, Categories: Negligence
J. Brailsford denies the government's motion to exclude expert reports and testimony in a personal injury suit brought by an individual who suffered injuries in a car collision with a government employee driving a government-owned car. The individual's vocational economic consultant's "opinions are founded on sufficient facts and data as articulated in his report." The licensed psychologist may testify that the individual "suffers from major depressive disorder with anxious distress" and that he "has somatic symptom disorder."
Court: USDC Idaho, Judge: Brailsford, Filed On: March 14, 2024, Case #: 1:21cv97, NOS: Motor Vehicle - Torts - Personal Injury, Categories: Tort, Experts
J. Osteen grants an online political strategy firm’s motion for summary judgment following its claim that a multinational investment company failed to pay a third installment on a $900,000 promissory note. This claim comes after the company was recently sued for public corruption for bribing politicians in exchange for governmental decision making power that would benefit the company. The company shows no evidence that it is not obligated to pay the third installment of $300,000 plus interest and attorney fees of $45,000.
Court: USDC Middle District of North Carolina, Judge: Osteen, Filed On: March 14, 2024, Case #: 1:21cv206, NOS: Other Contract - Contract, Categories: Debt Collection, Attorney Fees, Contract
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. Osteen denies a male university student’s motion for preliminary injunction following an investigation into allegations of rape and sexual assault brought against him by a female student. The male student, found responsible for sexual misconduct, counters by saying that procedural irregularities in the investigation and hearing were committed against him based on gender bias. However, the male student provides no evidence of gender bias or violation of the university’s Title IX policy.
Court: USDC Middle District of North Carolina, Judge: Osteen, Filed On: March 14, 2024, Case #: 1:24cv41, NOS: Education - Civil Rights, Categories: Education, Tort, Assault
Per curiam, the appellate division finds that an inmate was properly found guilty of violating prison rules by engaging in an unhygienic act upon pushing an unknown liquid from his cell into a hallway. Ample evidence supported the finding, including the inmate's own testimony at the disciplinary hearing that he pushed water from an overflowing toilet out of his cell. Affirmed.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: March 14, 2024, Case #: CV-23-0181, Categories: Prisoners' Rights
Per curiam, the appellate division finds that an inmate was properly found guilty of violating prison rules by refusing a direct order, creating a disturbance, and interfering with an employee by disrupting a large inmate procession to the mess hall because the finding was supported by the misbehavior report and hearing testimony. Affirmed.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: March 14, 2024, Case #: CV-23-0449, Categories: Prisoners' Rights
Per curiam, the appellate division finds that an inmate was properly found guilty of violating prison rules by using a third party to obtain information about a female employee and emailing her personal account because evidence supported the guilty finding on stalking. However, the charge of violating prison correspondence procedures should be annulled for lack of supporting evidence. Affirmed in part.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: March 14, 2024, Case #: CV-23-1026, Categories: Prisoners' Rights
J. Mortensen finds that the district court improperly terminated a father's parental rights to his two teenage children and granted their adoption by their stepfather. The categorical concern that the children needed stability and permanence was not enough to terminate the father's rights, since they already lived with their mother and stepfather. Though he is incarcerated, he has sought visitation with the children and has not posed any threat of harm to them. And any lack of communication was due to interference by the mother and stepfather. Reversed.
Court: Utah Court Of Appeals, Judge: Mortensen, Filed On: March 14, 2024, Case #: 20230162-CA, Categories: Family Law
J. Vigil finds the trial court's use of the term "and/or" in its jury instructions at defendants' trial on reckless child abuse charges improperly confused or misled the jury and requires reversal of those convictions because it was used in the essential elements instruction and allowed the jury to convict defendants on a legally inadequate basis. Meanwhile, although the state stipulated to defendants' claim they did not intend to leave the victims inside a hot car when they returned to their daycare facility, there is still sufficient evidence for the jury to conclude defendants acted with "reckless disregard," and so a new trial will not violate defendants' double jeopardy rights. Reversed.
Court: New Mexico Supreme Court, Judge: Vigil, Filed On: March 14, 2024, Case #: S-1-SC-38818, Categories: Double Jeopardy, Child Victims, Jury Instructions
J. Kennedy finds that the lower court properly denied the appellants' motion to compel arbitration in this lawsuit involving a multi-level marketing company and its directors. As to the corporate appellants, they "substantially invoked the judicial process to the detriment of appellees," while the individual appellants fail to show "the existence of an agreement to arbitrate." Affirmed.
Court: Texas Courts of Appeals, Judge: Kennedy, Filed On: March 14, 2024, Case #: 05-23-00661-CV, Categories: Arbitration, Employment, Fiduciary Duty
J. grants final approval to a $45 million settlement between consumers and Altria Group in a class action over the marketing and sales of JUUL products, which consist of electronic cigarettes and nicotine packs, to minors. This settlement follows a settlement with JUUL Labs for $255 million. Although attorney fees have not yet been decided, “the amounts requested do not undermine the court’s conclusions that the Altria class settlement is as a whole fair and reasonable.”
Court: USDC Northern District of California, Judge: Orrick, Filed On: March 14, 2024, Case #: 3:19md2913, NOS: Personal Injury - Product Liability - Torts - Personal Injury, Categories: Settlements, Product Liability, Class Action
J. Anello declines to grant preliminary approval of a $350,000 settlement in a class action alleging that the healthcare company failed to take the necessary precautions to prevent a cyberattack and thereby protect the patients' personal health information. The amount in controversy does not exceed the $5 million threshold for federal jurisdiction under the Class Action Fairness Act and the parties fail to show that minimal diversity exists. Additionally, here is no federal question at issue in this case, so the court lacks jurisdiction.
Court: USDC Southern District of California, Judge: Anello, Filed On: March 14, 2024, Case #: 3:23cv570, NOS: Other Contract - Contract, Categories: Privacy, Jurisdiction, Class Action
Per curiam, the appellate division finds that the lower court improperly reversed the English custom tailor's motion to dismiss a shareholder's request for an accounting on the grounds of forum non conveniens. Although the shareholder is a resident of New York, the tailor and all witnesses are located in the United Kingdom. Reversed.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: March 14, 2024, Case #: 01344, Categories: Corporations, Jurisdiction
Per curiam, the appellate division finds that the lower court improperly ordered the staffing agency to post an undertaking of $1 million, a sum far exceeding the amount requested by the minority shareholder, who claims the majority shareholder fraudulently set him up to incur significant tax penalties. The order is modified to set the amount of the undertaking at $210,000. Reversed in part.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: March 14, 2024, Case #: 01343, Categories: Damages, Business Practices
J. Manzanet-Daniels finds that the lower court properly dismissed a businessman's complaint against his former partner in a dispute over the partner's failure to cash out his investment, worth $11 million. The original exit opportunity agreement is unenforceable because it was superseded by an amendment to the company's limited liability agreement. Affirmed.
Court: New York Appellate Divisions, Judge: Manzanet-Daniels, Filed On: March 14, 2024, Case #: 01337, Categories: Business Practices, Contract
J. Wilson finds the lower court improperly denied an owner’s motion to compel arbitration. The owner of two construction projects had a contract with a general contractor to provide construction services for those projects. The contracts for both projects had arbitration provisions. While the arbitration agreements state only certain claims will be arbitrated, the terms clearly state that an arbitrator must make the determination if the claims are arbitrable. The matter is remanded to the lower court to determine if proceedings should be stayed on one project pending the arbitration of the other. Reversed.
Court: Texas Courts of Appeals, Judge: Wilson, Filed On: March 14, 2024, Case #: 14-22-00641-CV, Categories: Arbitration, Construction, Contract
J. Emas finds defendant's habeas corpus petition in his case alleging two offenses of lewd and lascivious molestation of a minor under the age of 12 must be granted. In part because the child victim did not testify in person at defendant's adversary preliminary hearing, the child's two out-of-court statements prosecutors submitted at the hearing were improperly allowed as evidence by the trial court, as they qualify as inadmissible hearsay given the circumstances. No other evidence was brought to establish probable cause, so defendant must be released on recognizance.
Court: Florida Courts Of Appeal, Judge: Emas, Filed On: March 14, 2024, Case #: 24-0331, Categories: Evidence, Sex Offender, Child Victims
J. Bradley finds the labor appeals agency properly concluded that the Catholic charities group and its four sub-entities must contribute unemployment taxes to the state unemployment insurance system. State law requires an examination of both an organization's motivations and activities to determine if it is "operated primarily for religious purposes," and such an examination of the group and its sub-entities shows they are not operated primarily for religious purposes and are therefore not exempt from unemployment taxes. The group and its sub-entities have not proven beyond a reasonable doubt that the relevant statute as applied to them violates the First Amendment or the Wisconsin Constitution. Affirmed.
Court: Wisconsin Supreme Court, Judge: Bradley, Filed On: March 14, 2024, Case #: 2020AP002007, Categories: Administrative Law, Constitution, Tax
J. VanMeter finds that Kentucky properly exercised jurisdiction over a minor child in a custody dispute because statute stipulates emergency custody on grounds that the mother now resided with the child in the commonwealth, and since the parents had moved frequently prior to the dispute, which deprived any other state of jurisdiction. Affirmed.
Court: Kentucky Supreme Court, Judge: VanMeter, Filed On: March 14, 2024, Case #: 2023-SC-0251-MR, Categories: Family Law, Jurisdiction
J. Petersen finds that the trial court properly conducted a pretrial justification hearing at which defendant made a prima facie showing that he fired seven shots in self defense after a snowplow repeatedly rammed his SUV. He showed both a subjective and an objective belief that the snowplow was turning to strike his vehicle again and endanger him and his passenger.
Court: Utah Supreme Court, Judge: Petersen, Filed On: March 14, 2024, Case #: 20220325, Categories: Firearms, Self Defense
J. Huffaker grants, in part, a trucking company’s motion for summary judgment in this wrongful death lawsuit brought by the family of a motorist who died in a vehicle collision involving the company’s tractor-trailer, which was parked for 12 hours on the shoulder of an interstate’s travel lanes. The family alleges Alabama Wrongful Death Act and many negligence claims because the trucker had been parked on top of the rumble strip within inches of the fog line when it broke down. The trucking company argues that the decedent driver was at fault when he drifted out of his lane, and the truck driver did not create a safety concern. The estate’s negligence and wantonness claims concerning the tractor-trailer being parked in the place and for the amount of time it was there, and the decedent driver’s actions constitute as contributory negligence is denied. All other claims are granted along with the estate’s motion to file a sur-reply. The trucking company’s motion in limine is denied but may be refiled in advance of the jury trial.
Court: USDC Middle District of Alabama, Judge: Huffaker, Filed On: March 14, 2024, Case #: 2:20cv85, NOS: Motor Vehicle - Torts - Personal Injury, Categories: Evidence, Vehicle, Wrongful Death
J. Danner finds that the trial court improperly dismissed a murder charge on double jeopardy grounds. A 1996 dismissal was entered in the furtherance of justice following two mistrials and was not the result of an application of the substantial evidence standard. The minute order cited "insufficient evidence," but the written order more fully explained the interest of justice factors that show it was not an acquittal after a finding of insufficient evidence that would entitle defendant to double jeopardy protection. Vacated.
Court: California Courts Of Appeal, Judge: Danner, Filed On: March 14, 2024, Case #: H051311, Categories: Dna, Murder, Double Jeopardy
J. Contreras grants, in part, a group of former police officers' motion to certify a class on their Americans with Disabilities Act claims against the district and police chief related to the police department's involuntary disability retirement policy. The proposed class meets certification requirements, including numerosity, commonality and typicality.
Court: USDC District of Columbia, Judge: Contreras, Filed On: March 14, 2024, Case #: 1:19cv2800, NOS: Employment - Civil Rights, Categories: Ada / Rehabilitation Act, Employment, Class Action
J. Boasberg denies, in part, the Department of Health and Human Services' motion for summary judgment on a nonprofit's Freedom of Information Act case seeking records related to homeopathic medicine. The department fails to prove that certain redacted, commercial information is privileged and confidential, nor has it shown it conducted an adequate search for certain materials.
Court: USDC District of Columbia, Judge: Boasberg, Filed On: March 14, 2024, Case #: 1:21cv3118, NOS: Freedom of Information Act (FOIA) - Other Suits, Categories: Public Record