101 results for 'cat:"Negligence" AND cat:"Jurisdiction"'.
[Consolidated.] J. Wood denies the company's motions to dismiss four negligence actions brought by injured drivers and family members of now-deceased individuals arising from a traffic accident caused by the truck driver. Georgia's consent-by-registration statute is not unconstitutional and subjecting the company to general jurisdiction does not violate the Dormant Commerce clause. The company is licensed to transact business in Georgia and therefore consents to jurisdiction in Georgia. The drivers and family members presented sufficient evidence to show that the company is subject to specific jurisdiction in Georgia and that there was a lease agreement between the company and the agent for the truck driver's truck.
Court: USDC Southern District of Georgia, Judge: Wood, Filed On: November 6, 2023, Case #: 2:22cv76, NOS: Motor Vehicle - Torts - Personal Injury, Categories: negligence, jurisdiction
J. Huff denies a pharmaceutical company's motion to dismiss strict liability claims brought by two consumers who allege they have suffered "neuropsychiatric injuries" after ingesting Singulair, a drug prescribed for the treatment of asthma and allergic rhinitis. Although the consumer was prescribed the drug outside of California, he is a California resident, took the drug in California, and was treated for his alleged injuries in California. Furthermore, the consumer has alleged that the company engaged in direct-to-consumer advertising of Singulair in California, so he has sufficiently established jurisdiction.
Court: USDC Southern District of California, Judge: Huff, Filed On: October 16, 2023, Case #: 3:22cv522, NOS: Personal Injury - Product Liability - Torts - Personal Injury, Categories: negligence, Product Liability, jurisdiction
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J. Lovric grants a self-represented litigant’s application to proceed in forma pauperis and simultaneously dismisses, for lack of subject matter jurisdiction, her medical negligence claims which allege a doctor employed with the Broome County Sheriff’s Department failed to order the appropriate blood tests for her, which required her to receive a large blood transfusion. Her claims are not actionable under federal law.
Court: USDC Northern District of New York, Judge: Lovric, Filed On: September 29, 2023, Case #: 3:23cv1107, NOS: Other Personal Injury - Torts - Personal Injury, Categories: negligence, jurisdiction, Medical Malpractice
J. Bradford finds that the trial court properly ruled in product liability and negligence claims related to steroid injections purchased from an out-of-state company because plaintiff failed to demonstrate local business defendants caused the injuries. However, a related ruling must be overturned because plaintiffs remain free to pursue medical malpractice claims against defendants. Affirmed in part.
Court: Indiana Court Of Appeals, Judge: Bradford, Filed On: September 28, 2023, Case #: 22A-CT-909, Categories: negligence, Product Liability, jurisdiction
J. Kness grants a motion from the defendant estate administrator of a drowned woman to dismiss the plaintiff ship owner's claim of limited liability for the drowned passenger. The woman drowned after falling off the ship owner's vessel on Lake Michigan, and the ship owner claims he has no liability for the death under the Limitation of Shipowner’s Liability Act. The court, however, agrees with the estate administrator that the Act does not apply in this case and dismisses the ship owner's claim.
Court: USDC Northern District of Illinois, Judge: Kness, Filed On: September 25, 2023, Case #: 1:22cv5954, NOS: Other Statutory Actions - Other Suits, Categories: Admiralty, negligence, jurisdiction
J. Kugler transfers claims contending a now-deceased priest sexually abused, groomed, and raped plaintiff while he had been a minor in the 1960s. The archdiocese is based in Pennsylvania and had not availed itself of New Jersey law, and religious services performed for the family at its summer home had not been provided for the parish at large.
Court: USDC New Jersey, Judge: Kugler , Filed On: September 7, 2023, Case #: 1:21cv20556, NOS: Other Personal Injury - Torts - Personal Injury, Categories: negligence, jurisdiction
J. Gonzalez grants the Missouri-based logistics company's motion to dismiss, ruling that while it brokered the freight load involved in the fatal accident, it did not employ the driver or direct the route of the shipment and, therefore, does not have the required business contacts in the state to grant this court jurisdiction under the New Mexico long-arm statute.
Court: USDC New Mexico, Judge: Gonzalez, Filed On: September 5, 2023, Case #: 1:22cv599, NOS: Motor Vehicle - Torts - Personal Injury, Categories: Vehicle, negligence, jurisdiction
J. Zimmerer finds that the trial court properly denied the city's plea to the jurisdiction in a motorist's suit filed after an auto collision with an officer who was responding to a robbery. The city failed to conclusively establish that the officer acted in good faith, and there is a fact issue as to whether he was reckless. Affirmed.
Court: Texas Courts of Appeals, Judge: Zimmerer, Filed On: August 29, 2023, Case #: 14-21-00761-CV, Categories: negligence, jurisdiction
J. Sands denies the truck driver's and employer's motion to partially dismiss an intervenor's complaint in the maintenance worker's negligence action arising from injuries he suffered in a vehicle collision and fall. The Georgia Department of Administrative Service is dismissed as a party to the action. The department intervened as a plaintiff but the court lacks subject matter jurisdiction over the department's claims. The department is not a citizen for the purpose of federal diversity jurisdiction because it has Eleventh Amendment immunity as an arm of the state.
Court: USDC Middle District of Georgia, Judge: Sands, Filed On: August 28, 2023, Case #: 7:20cv253, NOS: Motor Vehicle - Torts - Personal Injury, Categories: negligence, jurisdiction
J. Holdridge finds that the lower court improperly denied the bus company's motion to dismiss a negligence action pursuant to the doctrine of forum non conveniens. The lawsuit claims the bus driver failed to safely secure a child's wheelchair, causing him to fall over and suffer a concussion. The accident occurred in Denton County, Texas, and nearly all the witnesses reside in Texas, including the child's medical providers. Reversed.
Court: Illinois Appellate Court, Judge: Holdridge, Filed On: August 16, 2023, Case #: 220360, Categories: negligence, jurisdiction
Per curiam, the Fifth Circuit finds the trial court properly granted Frito-Lay’s motion to dismiss this fraud suit arising from the participant in a sweepstakes promotion who was unable to claim the Xbox he won due to issues with the website. The sweepstakes participant did not specify the state of incorporation of Frito-Lay, Pepsi or Kroger in his complaint, failing to establish diversity jurisdiction. Affirmed.
Court: 5th Circuit, Judge: Per curiam, Filed On: August 14, 2023, Case #: 22-60518, Categories: Fraud, negligence, jurisdiction
J. Grasz finds a lower court properly dismissed a driver's strict liability and negligence claims against General Motors. The driver argued that he is entitled to monetary relief after he was involved in a rollover vehicle accident, which resulted in spinal injury. However, the proper venue is Coahuila, Mexico, where the accident took place. Affirmed.
Court: 8th Circuit, Judge: Grasz, Filed On: August 11, 2023, Case #: 22-1563, Categories: negligence, jurisdiction
J. Longoria finds that the lower court improperly denied the plea to the jurisdiction filed by the Texas Department of Public Safety in this lawsuit stemming from a car collision allegedly involving a trooper. The lower court lacked jurisdiction, as the department "did not have actual notice that it was at fault in connection with the collision." Reversed.
Court: Texas Courts of Appeals, Judge: Longoria, Filed On: August 10, 2023, Case #: 13-22-00052-CV, Categories: Tort, negligence, jurisdiction
J. Valderrama grants the plaintiff machine operator’s motion to remand this personal injury case to Cook County, but denies his motion for costs and attorney fees. The operator was injured in an explosion at a steel company’s Indiana production plant and sued both the company and the safety engineer whose negligence allegedly caused the explosion. The operator filed his suit in Cook County court because that is where the safety engineer lives, and while the company earlier managed to remand the case to federal court on a diversity jurisdiction argument, the federal court now agrees with the operator that Cook County’s circuit court is more appropriate.
Court: USDC Northern District of Illinois, Judge: Valderrama, Filed On: August 4, 2023, Case #: 1:22cv6484, NOS: Other Personal Injury - Torts - Personal Injury, Categories: negligence, jurisdiction, Venue
J. Marks remands a group of individuals' negligence action against a freight hauler arising from a vehicle accident in which a tractor-trailer rear-ended a car, killing all eight minors in the vehicle. The negligent hiring and vicarious liability state law claims are not preempted by the Federal Aviation Administration Authorization Act and, therefore, the district court lacks federal-question jurisdiction.
Court: USDC Middle District of Alabama, Judge: Marks, Filed On: July 12, 2023, Case #: 2:23cv90, NOS: Commerce - Other Suits, Categories: Vehicle, negligence, jurisdiction
J. Marks remands a group of individuals' negligence action against a freight hauler arising from a vehicle accident in which a tractor-trailer rear-ended a car, killing all eight minors in the vehicle. The negligent hiring and vicarious liability state law claims are not preempted by the Federal Aviation Administration Authorization Act and, therefore, the district court lacks federal-question jurisdiction.
Court: USDC Middle District of Alabama, Judge: Marks, Filed On: July 12, 2023, Case #: 2:23cv104, NOS: Commerce - Other Suits, Categories: Vehicle, negligence, jurisdiction
J. Marks remands a group of individuals' negligence action against a freight hauler arising from a vehicle accident in which a tractor-trailer rear-ended a car, killing all eight minors in the vehicle. The negligent hiring and vicarious liability state law claims are not preempted by the Federal Aviation Administration Authorization Act and, therefore, the district court lacks federal-question jurisdiction.
Court: USDC Middle District of Alabama, Judge: Marks, Filed On: July 12, 2023, Case #: 2:23cv167, NOS: Commerce - Other Suits, Categories: Vehicle, negligence, jurisdiction
J. Marks remands an individual's negligence action against a freight hauler arising from a vehicle accident in which a tractor-trailer rear-ended a car, killing all eight minors in the vehicle. The negligent hiring and vicarious liability state law claims are not preempted by the Federal Aviation Administration Authorization Act and, therefore, the district court lacks federal-question jurisdiction.
Court: USDC Middle District of Alabama, Judge: Marks, Filed On: July 12, 2023, Case #: 2:23cv103, NOS: Commerce - Other Suits, Categories: Vehicle, negligence, jurisdiction