753 results for 'nos:"Other Personal Injury - Torts - Personal Injury"'.
J. Liman denies former President Trump's motion for a new trial on author Jean Carroll's claim that he defamed her in two statements issued from the White House in 2019. The jury was entitled to conclude that Mr. Trump derailed Ms. Carroll's career, and exposed her to public threats due to his malicious attacks on her character. The compensatory damages award of $18.3 million is far from an anomaly in high-profile defamation cases, and the jury was entitled to find that Mr. Trump's continued attacks on Ms. Carroll, even during the course of trial, warranted a finding he would not stop making such remarks without a significant deterrent, supporting the $65 million punitive damages award.
Court: USDC Southern District of New York, Judge: Liman, Filed On: April 26, 2024, Case #: 1:20cv7311, NOS: Other Personal Injury - Torts - Personal Injury, Categories: Damages, Defamation
J. Gillmor denies summary judgment to the employer of a worker whose was injured when her arm was sucked into an industrial vacuum while working on board a U.S. Navy vessel. There are genuine issues of material fact as to if the worker was considered a “seaman” under the definition of the Jones Act when the injury occurred as there are questions as to if the worker’s efforts to protect the ship from corrosion should be contributed to the operation of the vessel as well as questions about the extent of the injuries and the relationship of all the parties to each other. The worker’s declarations are not a “sham” as the employer does not show how different instances of her testimony contradict each other.
Court: USDC Hawaii, Judge: Gillmor, Filed On: April 26, 2024, Case #: 1:22cv275, NOS: Other Personal Injury - Torts - Personal Injury, Categories: Employment, Maritime, Tort
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J. Brown finds that a school district, a principal and a teacher are not liable for the actions of an older student who touched younger female students inappropriately in the context of a student tutoring program. The district’s training of the teacher and principal is adequate and did not lead to the violations of the female students’ rights. The teacher and the principal are entitled to qualified immunity in that a reasonable person would not suspect that a mentoring program would lead to constitutional violations. Although the offending student violated the constitutional rights of the female students, he is not a state actor because mentorship is not considered a governmental function under Texas law, and the plaintiffs have not provided an authority that would support such a conclusion. The motions of the district, principal and teacher to dismiss are granted.
Court: USDC Northern District of Texas , Judge: Brown, Filed On: April 26, 2024, Case #: 3:23cv1243, NOS: Other Personal Injury - Torts - Personal Injury, Categories: Civil Rights, Immunity, Negligence
J. Currault denies the request of a prevailing litigant to compel the remote deposition of former counsel in the case of a man accused of falsely representing his HIV status to induce unprotected sex, resulting in litigant’s infection with the incurable virus after a sexual encounter in 2019. The former counsel has intervened to assert a lien and any recovery the prevailing litigant may realize from a ruling of default judgment. The prevailing litigant’s recent voluntary relocation to Poland does not, on its own, constitute good cause to order remote depositions. Moreover, he has not argued that travel to New Orleans for the depositions would jeopardize his health or impose a financial burden.
Court: USDC Eastern District of Louisiana , Judge: Currault, Filed On: April 25, 2024, Case #: 2:21cv2242, NOS: Other Personal Injury - Torts - Personal Injury, Categories: Civil Procedure, Evidence, Discovery
J. Axon denies, in part, the government and its entities motion to dismiss tort allegations after a recreation specialist employed by the Bureau of Prisons caused the decedent’s death in a vehicle collision. The United States raises a jurisdictional question that is intertwined with a merits question of the estate’s claim; the Federal Prisons, Department of Justice, and National Institute of Corrections are dismissed from this case for lack of subject matter jurisdiction. The court granted the estate’s motion for deferral ruling until discovery is complete and to determine if the specialist was acting in her scope of work. The stay is lifted, and the remaining parties must meet and confer the filing of a Rule 26 report. Therefore, the court finds the government’s motion for summary judgment to be moot and has granted the estate’s motion for further discovery before ruling on the United States motion to dismiss.
Court: USDC Northern District of Alabama , Judge: Axon, Filed On: April 24, 2024, Case #: 7:23cv1201, NOS: Other Personal Injury - Torts - Personal Injury, Categories: Tort, Wrongful Death, Discovery
J. Coogler denies the defendant’s motion to dismiss in this lawsuit arising from a fatal shooting outside a club known as “The Strip” in downtown Tuscaloosa, Alabama; the suing estate alleges the defendant negligently and wantonly caused the decedent’s death by bringing the gun to an argument between the decedent and defendant’s friend, who shot the man dead. The defendant argues he cannot be held legally liable for causing a shooting committed by another person, but the court finds he did in fact have a duty of care, and the allegations leave enough room for reasonable difference of opinion for a jury to see the foreseeability of the injury.
Court: USDC Northern District of Alabama , Judge: Coogler, Filed On: April 24, 2024, Case #: 7:23cv1424, NOS: Other Personal Injury - Torts - Personal Injury, Categories: Negligence, Wrongful Death, Firearms
J. Zainey denies a request by Walmart to dismiss as time-barred an overnight stocker’s malicious prosecution and defamation suit. She argues the clock on her claims did not begin running until after a city prosecutor dismissed Walmart’s theft claims. The store had her arrested for twice purchasing multiple packages of newly marked-down meat after her shift ended. In neither instance did she alter the pricing labels, and she paid full price for the meat. Walmart may raise its prescription argument later.
Court: USDC Eastern District of Louisiana , Judge: Zainey, Filed On: April 23, 2024, Case #: 2:23cv6441, NOS: Other Personal Injury - Torts - Personal Injury, Categories: Employment, Defamation
J. Kobayashi partially grants a motion in limine by the government regarding testimony by doctors and other experts in a case where military families accuse the government of causing jet fuel contamination in their drinking water. A physician can testify to one families’ treatment and causation as long as it corresponds with the previous medical record. The families’ toxicology expert may only testify on diagnoses and prognoses, but not causation. A pair of life planners can rely on medical records in their testimony, as it is common practice in their industry.
Court: USDC Hawaii, Judge: Kobayashi, Filed On: April 22, 2024, Case #: 1:24cv59, NOS: Other Personal Injury - Torts - Personal Injury, Categories: Government, Experts
J. Kato finds in favor of the company against the family's complaint that the company's nursing home neglected their loved one to the point that she developed sepsis and contracted Covid-19, resulting in her death. The family did not show diligence when conducting discovery as they did not serve their first set of document requests until seven months after the court issued the scheduling order, among other deficiencies, and the family does not present any record evidence that the company or any of its employees knew that the company's Covid-19 mitigation practices posed a serious risk of death to the loved one.
Court: USDC Central District of California, Judge: Kato, Filed On: April 19, 2024, Case #: 5:21cv1428, NOS: Other Personal Injury - Torts - Personal Injury, Categories: Elder Abuse, Discovery, Covid-19
J. Ashe grants a request by Arkansas-based Walmart to dismiss a Florida resident's claim for punitive damages in a slip and fall action. Louisiana law prohibits the award of punitive damages unless they are expressly authorized by statute, and, in this case, that Walmart is a Louisiana domiciliary.
Court: USDC Eastern District of Louisiana , Judge: Ashe, Filed On: April 18, 2024, Case #: 2:23cv7230, NOS: Other Personal Injury - Torts - Personal Injury, Categories: Tort, Damages, Choice Of Law
J. McCafferty grants a body product company’s motion to dismiss a class action brought against it by a customer claiming the company violated the New Hampshire Driver Privacy Act by sending information from the customer’s driver’s license to a third party without his consent. The customer failed to make a plausible argument that the company sold, rented, offered or exposed for sale his driver’s license or the information contained in it.
Court: USDC New Hampshire, Judge: McCafferty, Filed On: April 18, 2024, Case #: 1:23cv432, NOS: Other Personal Injury - Torts - Personal Injury, Categories: Consumer Law, Privacy, Class Action
J. Matsumoto dismisses a defamation lawsuit against a couple, who run a website and YouTube channel, and allegedly made defamatory statements about a North Carolina maker of tabletop role-playing games. The court finds the majority of the statements, some of which amounted to nothing more than name-calling, would merely be interpreted as opinions and thus are too subjective to be actionable.
Court: USDC Eastern District of New York, Judge: Matsumoto, Filed On: April 17, 2024, Case #: 1:22cv5686, NOS: Other Personal Injury - Torts - Personal Injury, Categories: Defamation
J. Moorer grants, in part, Walmart’s motion for summary judgment in a customer’s slip-and-fall lawsuit. She argues that Walmart’s employees should have discovered the produce bag she slipped on, as it was a hazard on the premises. She gives up her wantonness and negligent hiring claims, so Walmart wins summary judgement on them. Only her negligence remains, as well as her husband’s loss of consortium claim.
Court: USDC Southern District of Alabama, Judge: Moorer, Filed On: April 17, 2024, Case #: 1:22cv391, NOS: Other Personal Injury - Torts - Personal Injury, Categories: Civil Procedure, Negligence, Premises Liability