89 results for 'cat:"Tort" AND cat:"Jurisdiction"'.
[Consolidated.] J. Gonzalez remands to state courts a total of 10 Child Victims Act cases filed against parishes, schools and other organizations related to the Diocese of Rockville Centre, actions which were removed to federal court after the diocese filed for Chapter 15 bankruptcy protection. The court finds the litigants’ respective claims are related to the bankruptcy proceedings and subsequently meet the criteria for mandatary abstention.
Court: USDC Eastern District of New York, Judge: Gonzalez, Filed On: August 17, 2023, Case #: 1:23cv5059, NOS: Other Personal Injury - Torts - Personal Injury, Categories: Bankruptcy, tort, jurisdiction
J. Dick denies remand to a Dollar General customer and dismisses a store manager from her personal injury suit alleging liability for her trip-and-fall involving a Coca-Cola pallet. The shopper does not allege any specific duties of care that the manager owed the customer regarding the maintenance and safety of the premises. Furthermore, a customer incident report does not shed any light on the manager’s knowledge of, or involvement with, the placement of the coke pallet prior to the litigant’s trip and fall. The manager is dismissed from the suit and her Louisiana citizenship must be disregarded for purposes of determining jurisdiction.
Court: USDC Middle District of Louisiana, Judge: Dick, Filed On: August 14, 2023, Case #: 3:22cv930, NOS: Other Personal Injury - Torts - Personal Injury, Categories: Evidence, tort, jurisdiction
J. Morgan grants a request by Scandinavian Airlines, dismissing for lack of jurisdiction a personal injury suit by a Louisiana resident who allegedly fell to the ground and broke her leg when disembarking the airline’s aircraft in Oslo, Norway. The passenger argues her claim arises from the airline’s sale of a plane ticket to her in her home state of Louisiana, which should be the forum state for her suit. The court disagrees: Her suit arises from the alleged negligent conduct, which occurred in Oslo.
Court: USDC Eastern District of Louisiana , Judge: Morgan, Filed On: August 11, 2023, Case #: 2:21cv1591, NOS: Airplane - Torts - Personal Injury, Categories: Transportation, tort, jurisdiction
J. Lynch finds that the district court improperly dismissed claims in which Americans injured in rocket attacks in Israel contend a bank provided material support to terrorists because the bank's withdrawal from the case following transfer from Washington, D.C., to New York left questions about whether the personal jurisdiction defense still applied. On remand, this issue should be weighed against whether the transfer resulted in a jurisdictional clean slate.
Court: 2nd Circuit, Judge: Lynch, Filed On: August 10, 2023, Case #: 22-1122-cv, Categories: tort, Terrorism, 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
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J. Bennett finds the lower court properly granted the state’s motion to dismiss in this personal injury matter. A state employee was involved in a vehicle collision in a state-owned parking lot. The employee filed a complaint with the Claims Commission, but it was after the statute of limitations had expired. The instant court finds that the employee’s claim does not qualify as a complaint, and it was filed after the expiration of the 90-day grace period. Because the complaint was not timely filed, it cannot be considered. Affirmed.
Court: Tennessee Court of Appeals, Judge: Bennett, Filed On: August 9, 2023, Case #: M2022-00696-COA-R3-CV, Categories: tort, jurisdiction, Workers' Compensation
J. Stevens finds that the trial court properly granted the city's jurisdictional plea in an auto passenger's suit over alleged injuries from a crash with a vehicle driven by a city employee. The city did not receive actual notice of the passenger's claims, so it was immune from suit. Affirmed.
Court: Texas Courts of Appeals, Judge: Stevens, Filed On: August 4, 2023, Case #: 06-23-00011-CV, Categories: tort, jurisdiction
J. Hollander grants the United States its motion to dismiss a suit alleging violations of the Federal Tort Claims Act arising from an incident in which two civilians employed by the Army crashed into each other. Although neither of the civilians claimed injury, one of them brought a suit for $200,000 in damages. Federal civilian employees "may not file actions against the United States under the FTCA for work-related injuries." The U.S. Department of Labor found that the accident, which happened on the Army's property, was work-related. Therefore, the federal court is "stripped of its jurisdiction."
Court: USDC Maryland, Judge: Hollander, Filed On: July 26, 2023, Case #: 1:21cv1547, NOS: Motor Vehicle - Torts - Personal Injury, Categories: Government, tort, jurisdiction
J. Nathan finds that the district court properly dismissed third-party claims in which UPS seeks indemnification after pallets of vitamins transported by a Taiwanese airline were allegedly damaged en route from Chicago to South Korea. Personal jurisdiction was lacking under either New York's long-arm statute or the Montreal Convention, the former because in-state injury had not been demonstrated and the latter because air transport was the crux of subject-matter jurisdiction. Affirmed.
Court: 2nd Circuit, Judge: Nathan, Filed On: July 19, 2023, Case #: 21-2867, Categories: tort, jurisdiction, Indemnification
J. Simms grants Lowe’s motion to dismiss allegations of strict liability and negligence brought by a customer when the store’s product Bird Brain Ceramic Firepot and Fuel Gel exploded and burned her. Jurisdiction prevents the customer, a citizen of Maryland, from plausibly making claims because Lowe’s is not headquartered in Maryland, she purchased the product in a Nevada Lowe’s six years before being burned and her injury occurred outside of Maryland.
Court: USDC Maryland, Judge: Simms, Filed On: July 18, 2023, Case #: 8:22cv2244, NOS: Personal Injury - Product Liability - Torts - Personal Injury, Categories: tort, Product Liability, jurisdiction
J. Chin finds that the district court properly remanded 19 actions contending plaintiffs suffered injuries due to residual toxicity from the Love Canal superfund site in Niagara Falls. The actions have bounced between federal and state jurisdictions, and following the latest amendment adding further affected sites, municipal and company defendants cited both federal officer and federal question jurisdiction. However, the claim seeking removal was untimely, and the "revival" exception was not applicable. Affirmed.
Court: 2nd Circuit, Judge: Chin, Filed On: July 14, 2023, Case #: 21-0249-cv, Categories: Environment, tort, jurisdiction
J. Quereshi denies a logistics firm and one of its semi-trailer truck drivers their motion to dismiss allegations of a hit and run and liability. The firm argues that it is not liable because its associated freight company, not itself, owns the truck involved in the collision. But, the two are often co-defendants in litigation, and it cannot be determined yet whether the couple whose car the driver hit has failed to establish subject matter jurisdiction.
Court: USDC Maryland, Judge: Quereshi, Filed On: June 27, 2023, Case #: 8:22cv2984, NOS: Motor Vehicle - Torts - Personal Injury, Categories: tort, Vehicle, jurisdiction
J. Stevens finds that the trial court properly granted the university's plea to the jurisdiction and dismissed the professor's personal injury suit stemming from a vehicle/pedestrian accident in a campus parking lot. Because the professor was hurt while in the course and scope of her employment, workers' compensation was her exclusive remedy. Affirmed.
Court: Texas Courts of Appeals, Judge: Stevens, Filed On: June 22, 2023, Case #: 06-22-00076-CV, Categories: tort, jurisdiction, Workers' Compensation
J. Engelhardt finds the district court improperly granted the shipyard summary judgment on the ground that its mesothelioma-diagnosed employee’s state law tort claims are not preempted by the federal Longshore and Harbor Workers’ Compensation Act. The employee claims that he was negligently exposed to asbestos while working on U.S. Navy ships. Though concurrent jurisdiction is allowed as to certain claims under the Act, the employee’s claims, which arise from exposure in 1969, are not preempted by the version of the Act in place at that time. Reversed and remanded.
Court: 5th Circuit, Judge: Engelhardt, Filed On: June 12, 2023, Case #: 21-30761, Categories: Maritime, tort, jurisdiction
J. Kobes finds a lower court properly dismissed a group of motorists' Federal Tort Claims Act violations. The group argued that the Standing Rock Sioux Tribe was obligated to warn them about dangerous road conditions. However, the court lacked subject matter jurisdiction. Affirmed.
Court: 8th Circuit, Judge: Kobes, Filed On: June 9, 2023, Case #: 22-1721, Categories: tort, Native Americans, jurisdiction
J. Kemp denies Monsanto’s petition for any supervisory writ preventing the circuit court from allowing deposition of the chief executive officer of Bayer AG, Monsanto’s parent corporation and a German citizen, saying it acted beyond its jurisdiction in this suit against Monsanto and Walmart alleging a failure to warn, negligence and deceptive trade practices violations brought by the cancer patient. The requested writs are not appropriate remedy to reverse a discovery order and would require the Arkansas Supreme Court to delve into the underlying merits, which has been often held to be improper in decisions on issuing writs.
Court: Arkansas Supreme Court, Judge: Kemp, Filed On: June 8, 2023, Case #: CV-22-635, Categories: tort, Negligence, jurisdiction
J. Pedersen finds that the lower court improperly denied the Texas Department of Transportation's plea to the jurisdiction as to the claim for property damage, stemming from an alleged car accident in a construction zone. Under the Texas Tort Claims Act, the department's immunity was not waived for the car owner's personal property claim. Accordingly, that claim should be dismissed due to a lack of jurisdiction. Reversed in part.
Court: Texas Courts of Appeals, Judge: Pedersen, Filed On: June 5, 2023, Case #: 05-22-00498-CV, Categories: tort, Vehicle, jurisdiction
J. Clifton finds that the district court properly dismissed a software company's claim of tortious interference with contractual relations in a matter in which a computer antivirus company's software designated the software company's products as “malicious,” “threats,” and “potentially unwanted programs.” However, lower court incorrectly found that the antivirus company was not properly subject to personal jurisdiction in New York. Affirmed in part.
Court: 9th Circuit, Judge: Clifton, Filed On: June 2, 2023, Case #: 21-16466, Categories: tort, jurisdiction, Contract
[Consolidated.] J. Chuang partially grants a resident his motions to strike the amended notice of removal and to remand this suit alleging invasion of privacy after a software development firm published some of the resident’s personal identifying information. Remand is granted based on a lack of subject matter jurisdiction. The amended notice of removal won’t be stricken as the firm timely filed it.
Court: USDC Maryland, Judge: Chuang, Filed On: May 31, 2023, Case #: 8:22cv2422, NOS: Other Personal Injury - Torts - Personal Injury, Categories: tort, Privacy, jurisdiction
J. Urias remands to state court a lawsuit between representatives of a ranch and neighbors which the ranch alleges have failed to “properly maintain” oil and gas facilities, damaging the land. Those neighbors, the defendants in this case, were properly joined because they all conducted oil and gas operations nearby and were linked by a “common ‘series of occurrences,’” removing the “diversity jurisdiction” that would have allowed this court to hear this case.
Court: USDC New Mexico, Judge: Urias, Filed On: May 24, 2023, Case #: 1:22cv515, NOS: Torts to Land - Real Property, Categories: Environment, tort, jurisdiction
J. Hess finds that the lower court properly dismissed the raw ingredient supplier's suit alleging the defendant company threatened its customers with legal action over their use of the supplier's "NitroRocket," a specially engineered extract of arugula designed for sports nutrition, which allegedly infringed on the defendant's rights. There is no evidence that the alleged conduct was committed in or had significant links to Missouri, so the suit was correctly dismissed for lack of jurisdiction. Affirmed.
Court: Missouri Court Of Appeals, Judge: Hess, Filed On: May 23, 2023, Case #: ED111095, Categories: tort, jurisdiction, Business Practices
J. Huddle finds the court of appeals properly ruled in a case filed by a Texas resident against LG Chem America after an electronic cigarette battery exploded in his pocket. After the court of appeals denied LG’s motion for a special appearance, the chemicals company petitioned for review, arguing that the state may not exercise personal jurisdiction over it. Because the company sold and distributed the same battery that malfunctioned in the state, the lower courts properly exercised personal jurisdiction over LG. Affirmed.
Court: Texas Supreme Court, Judge: Huddle, Filed On: May 19, 2023, Case #: 21-0994 , Categories: Corporations, tort, jurisdiction