57 results for 'judge:"Bell "'.
J. Bell grants in part a school board���s motion dismiss the second amended complaint brought by a disabled student���s mother, who says a teacher repeatedly abused the student. The teacher reportedly put her hands over the student���s mouth and nose multiple times to stop him from making noise and physically put him into a trash can because she said that if he acted like trash, she would put him where trash belongs. Because the school���s liability insurance does not cover certain claims such as this, the board retains governmental immunity on the mother���s negligence claim for lack of jurisdiction. However, the allegations on the remaining claims will proceed because there has been no voluntary resolution suggested by either party.
Court: USDC Western District of North Carolina, Judge: Bell, Filed On: December 6, 2023, Case #: 5:20cv192, NOS: Education - Civil Rights, Categories: Civil Rights, Tort, Negligence
J. Bell finds the district court properly dismissed this tort action brought upon allegations of injuries incurred in a traffic accident. The injured party failed to serve the summons and complaint on the purported at-fault party within 120 days, and the injured party failed to demonstrate good cause for failing to seek a time extension. Affirmed.
Court: Nevada Supreme Court, Judge: Bell , Filed On: November 22, 2023, Case #: 85161, Categories: Tort, Due Process
J. Bell grants a local Catholic diocese's motion to dismiss allegations of Hate Crime Act violations brought by an applicant to a lector position, which involves reading scriptures to the public. The applicant claims the diocese discriminated against him based on his diagnoses of bipolar disorder and the post-traumatic stress disorder he developed from fighting in the Vietnam War. However, because this is a criminal complaint, it cannot be settled in civil court, nor would the court be able to intervene in the decisions of the diocese based on the First Amendment.
Court: USDC Western District of North Carolina, Judge: Bell, Filed On: November 15, 2023, Case #: 3:23cv365, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Employment Discrimination, First Amendment
J. Bell partially denies a cybersecurity firm���s motion to dismiss a power tool manufacturer���s amended complaint in this alleged fraud case. The manufacturer sufficiently alleges that the firm had no intention of complying with the service agreement at the time of signing because the firm knew it could not perform some of the work required, specifically with Google Chronicle, a cloud service that would allow the manufacturer to assess security threats and alerts. This satisfies the fraud, unfair trade practices and unjust enrichment claims brought by the manufacturer. However, its negligence claims fail because the firm did not cause it to incur any economic losses.
Court: USDC Western District of North Carolina, Judge: Bell, Filed On: November 13, 2023, Case #: 3:23cv236, NOS: Other Contract - Contract, Categories: Fraud, Trade, Negligence
J. Bell partially grants a consumer���s motion to stay his case against an insurance company, specifically to pause proceedings into early 2024 so that discovery can be completed. However, the consumer is denied a stay of unspecified length based on an unresolved underlying state court case as the company is not party to it. Also, for its part, the company also never took the opportunity to depose the consumer���s expert witnesses even though it had knowledge of them, which is another reason for the pause in proceedings.
Court: USDC Western District of North Carolina, Judge: Bell, Filed On: November 8, 2023, Case #: 5:22cv73, NOS: Insurance - Contract, Categories: Insurance, Experts, Discovery
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J. Bell denies an electrical contractor���s motion for judgment as a matter of law or, alternatively, a motion for a new trial in a breach of contract suit against a building technologies corporation. The suit was already presented as a jury trial and legitimately favored the corporation, so there is no need for a new trial. Also, the corporation���s motion for fees and costs is denied as it did not specify ���attorney���s��� fees in this motion, although it knew how to and could have done so.
Court: USDC Western District of North Carolina, Judge: Bell, Filed On: September 27, 2023, Case #: 3:21cv506, NOS: Other Contract - Contract, Categories: Attorney Fees, Contract
J. Bell partially denies summary judgment to a police department following race discrimination and hostile workplace allegations brought by a former police officer. The Black male officer claims the department forced him to take frequent drug tests and that two women in HR falsely accused him of being aggressive during a meeting, which led directly to a negative review and decrease in pay. While the officer provides no concrete evidence of race discrimination based on the drug testing, which was random according to the department, he has sufficiently argued hostile workplace and may proceed on this claim.
Court: USDC Western District of North Carolina, Judge: Bell, Filed On: September 18, 2023, Case #: 5:22cv32, NOS: Employment - Civil Rights, Categories: Employment, Employment Discrimination, Employment Retaliation
J. Bell denies the department���s petition for a writ of certiorari or mandamus challenging contempt sanctions of $500 for each day it fails to accept, treatment, the criminal defendants who were deemed incompetent. The department fails to meet its burden for extraordinary relief. The record shows that it can and does comply with competency orders once a contempt order with sanctions is issued. The state���s arguments that compliance is impossible and that sanctions undermine its ability to comply lack merit. The district court had jurisdiction to hold the department in contempt and did not abuse its discretion.
Court: Nevada Supreme Court, Judge: Bell, Filed On: August 31, 2023, Case #: 85554, Categories: Health Care, Sanctions, Commitment
[Consolidated] J. Bell finds the district court improperly granted summary judgment and attorney fees to the buyer in this breach of contract suit arising from the seller's closing the hotel and casino for which the buyer had an ordinary course covenant in the asset purchase agreement. The seller did not breach the agreement, as the closure was in response to the governor's emergency Covid-19 directive. The seller was merely following the law to maintain its gaming licenses, and the buyer's applications for gaming licenses were delayed, not refused. Reversed.
Court: Nevada Supreme Court, Judge: Bell , Filed On: August 24, 2023, Case #: 84257, Categories: Licensing, Covid-19, Contract
J. Bell grants summary judgment to a lawyer representing a lender after a borrower that was starting a beverage packaging company sued the lawyer for fraud. The loan required a 5% deposit, approximately $2.7 million, which the lender promised was put into a restricted account to prevent fraud. However, the account was not restricted and fraudsters associated with the lender withdrew it. The lender���s lawyer, nevertheless, did not at any time mislead the borrower or misrepresent his own actions.
Court: USDC Western District of North Carolina, Judge: Bell, Filed On: August 24, 2023, Case #: 3:20cv363, NOS: Other Personal Property Damage - Torts - Personal Property, Categories: Fraud, Property, Banking / Lending
J. Bell denies an insurance company its motion to sever itself from a trucking firm in a suit against both brought by a tire manufacturing company after $31 million of product was damaged in a windstorm. The manufacturing company stored its product in a warehouse provided by the firm, which agreed to replace any damaged goods, but following the wind storm, the firm refused to cover any damages. The insurance company removed the action to the federal district court without the firm's consent, but because the firm is also a legitimate party to the suit, it cannot be severed, so the case must be remanded.
Court: USDC Western District of North Carolina, Judge: Bell, Filed On: August 22, 2023, Case #: 3:23cv335, NOS: Insurance - Contract, Categories: Insurance, Damages, Contract
J. Bell denies a health care consulting firm summary judgment in a 13-year-old case brought against it for false claims and deceptive trade practices by a private emergency health care provider. In 2008, the firm���s new CEO began an aggressive push to inappropriately raise inpatient admissions in all emergency rooms under the provider, which contracted with the firm. While the firm argues that the provider simply failed to comply with new corporate guidelines, the provider claims the firm constantly pressured it to commit fraud and that the firm wrongfully terminated the contract, then replaced it with a provider who was willing to do its bidding.
Court: USDC Western District of North Carolina, Judge: Bell, Filed On: August 16, 2023, Case #: 3:10cv472, NOS: Other Statutory Actions - Other Suits, Categories: Fraud, Trade, False Claims
J. Bell grants, in part, summary judgment to an employee on his action for underinsured motorists insurance coverage following a car accident. The policy at issue is subject to the state's Motor Vehicle Financial Responsibility Act, which requires coverage for underinsured motorists.
Court: USDC Western District of North Carolina, Judge: Bell, Filed On: August 2, 2023, Case #: 5:22CV73, NOS: Insurance - Contract, Categories: Employment, Insurance
J. Bell finds the trial court properly granted summary judgment to the process server in this trespass action brought by the attorney. The process server entered the attorney's gated community through an open, unguarded gate, parked in front of the attorney's house and served him a subpoena when the attorney opened his door. Though the attorney says that everything within the gates constitutes his curtilage, he has no standing to maintain a trespass action as to neighborhood common areas, and none existed on his property upon which the process server could have trespassed, as members of the public have an implied consent to approach an unobstructed residence and knock on the front door. Affirmed.
Court: Oklahoma Courts Of Appeal, Judge: Bell , Filed On: July 27, 2023, Case #: 121068, Categories: Municipal Law, Property
J. Bell grants, in part, Honeywell International's motions in limine in its contract case against an electronics company. Testimony from the company's expert pertaining to the fact he believed certain patents had been withdrawn must be excluded, as he was not allowed to explain why he believed this due to attorney-client privilege.
Court: USDC Western District of North Carolina, Judge: Bell, Filed On: July 13, 2023, Case #: 3:21CV506, NOS: Other Contract - Contract, Categories: Patent, Experts
J. Bell refuses to dismiss claims against an individual arising from a $2.7 million deposit a bottling company made in exchange for a $55 million loan that never occurred. The bottling company and the lender of its deposit have sufficiently pleaded their claims for fraud, negligence, negligent misrepresentation and breach of fiduciary duty.
Court: USDC Western District of North Carolina, Judge: Bell, Filed On: July 13, 2023, Case #: 3:22CV83, NOS: Other Fraud - Torts - Personal Property, Categories: Fraud, Fiduciary Duty, Negligence
J. Bell answers a certified question and rules that a series LLC created to purchase foreclosed-upon properties, pursuant to statute governing classes of members or managers and series of members, must be sued in its own name for the court to have jurisdiction. A series LLC is recognized as a separate legal entity from the master entity as long as statutory corporate formalities have been followed.
Court: Nevada Supreme Court, Judge: Bell, Filed On: July 6, 2023, Case #: 84370, Categories: Jurisdiction, Business Expectancy
J. Bell finds the trial court properly awarded attorney fees to the builder in its pursuit of a deficiency order against the engineer in the underlying foreclosure proceeding. The builder timely sought deficiency orders, which were final appealable orders made after judgment, also subject to vacation. The engineer triggered the statutory process to vacate these orders. When the appellate court vacated the orders and remanded the matter, the orders no longer had any force or effect, and the case was opened up for further proceedings. On remand, the trial court supplanted the vacated orders with a later deficiency order. Therefore, the later order stands as the post-foreclosure judicial determination of the deficiency amount. As the prevailing party, the builder is entitled to attorney fees. Affirmed.
Court: Oklahoma Courts Of Appeal, Judge: Bell , Filed On: June 30, 2023, Case #: 119715, Categories: Construction, Contract
J. Bell refuses to dismiss Boeing's fraud action against a company arising from the company's buyout of one of Boeing's contracted aircraft suppliers, which it allegedly forced to declare bankruptcy only months after the purchase. Boeing sufficiently pleads its claims for fraudulent misrepresentation, unfair and deceptive trade practices, tortious interference with contract and related claims.
Court: USDC Western District of North Carolina, Judge: Bell, Filed On: June 28, 2023, Case #: 3:22CV481, NOS: Other Fraud - Torts - Personal Property, Categories: Fraud, Interference With Contract, Contract
J. Bell finds the district court improperly denied the news website owner���s petition for a writ of mandamus compelling the police department to disclose a report as to its investigation of its sweep of a homeless encampment. An affidavit provided by the police department asserts conclusions as to the potential effect of disclosing the full report but doesn���t explain why the records are confidential. Officers��� faces may remain redacted from video footage as the relevant statute provides that ���any photograph of a peace officer ��� [is] not public information.��� Affirmed in part. Reversed in part and remanded.
Court: Nevada Supreme Court, Judge: Bell, Filed On: June 15, 2023, Case #: 84389, Categories: Public Record, Police Misconduct
J. Nucor denies, in part, a steel manufacturer's motion to dismiss a couple's claims related to the death of their son, who died from a gunshot wound after testing an allegedly faulty bullet-proof vest. The couple has adequately pleaded their manufacturing defect claim.
Court: USDC Western District of North Carolina, Judge: Bell, Filed On: June 7, 2023, Case #: 3:23CV29, NOS: Personal Injury - Product Liability - Torts - Personal Injury, Categories: Product Liability, Wrongful Death