197 results for 'filedAt:"2023-08-24"'.
Per curiam, the appellate division finds that the lower court properly denied the synagogue's motion to dismiss claims stemming from alleged sexual abuse of a child while on a church-sponsored trip to Yellowstone National Park. The victim's claims were properly revived under the Child Victims Act even if the abuse occurred outside New York. Affirmed.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: August 24, 2023, Case #: 04416, Categories: Tort, Jurisdiction
J. Rubin grants a trade company and a sugar refinery their motion to vacate an arbitration award that went to a longshoremen's union after the refinery fired one a bulk storage foreman. The refinery had written the foreman up multiple times for tardiness, long absences, and leaving without notifying anyone, and fired him after three infractions. An arbitrator awarded the union its demands for the foreman's reinstatement and back pay because he believed the foreman's offenses weren't severe enough to breach the collective bargaining agreement. However, the award is vacated because the foreman's termination should have been based on his violations of the agreement itself, not on the arbitrator's opinion of how severely it was violated.
Court: USDC Maryland, Judge: Rubin, Filed On: August 24, 2023, Case #: 1:22cv2876, NOS: Labor/Management Relations - Labor, Categories: Arbitration, Employment, Labor / Unions
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
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J. Coleman partially grants an insurance company's motion for summary judgment on insurance pleadings brought by its clients in an underlying wrongful death action. The insurance company has a duty to defend and indemnify its clients in the underlying case, but not necessarily up to a $25,000 sublimit.
Court: USDC Northern District of Illinois, Judge: Coleman, Filed On: August 24, 2023, Case #: 1:22cv3816, NOS: Insurance - Contract, Categories: Insurance, Wrongful Death, Indemnification
J. Boyle grants, in part, a food distributor's motion for attorney fees and interest in a breach of contract and guaranty case against a wholesaler, awarding it a total of $5.2 million. The guaranty at issue provides for certain rates, including prejudgment interest and attorney fees, and the rate is enforceable under Louisiana law.
Court: USDC Northern District of Texas , Judge: Boyle, Filed On: August 24, 2023, Case #: 3:19cv1057, NOS: Other Contract - Contract, Categories: Damages, Attorney Fees, Contract
J. Perry vacates the trial court's judgment of disqualification in a suit challenging the candidacy of an individual seeking to run for St. Landry Parish President. The trial should not have proceeded without the court appointing "an attorney as curator ad hoc" to represent the individual since neither he nor his attorney appeared at the trial. Vacated.
Court: Louisiana Court Of Appeal, Judge: Perry, Filed On: August 24, 2023, Case #: CA-23-537, Categories: Civil Procedure, Elections
J. Menendez amends her August 22 order granting partial summary judgment to the employee in her suit against her employer alleging that it improperly terminated her for a failed drug test without confirming the test or giving her an opportunity to complete a rehabilitation program and denying the employer's motion for summary judgment. To her finding that the employer is liable for violating a Minnesota law governing employment-related drug testing, she adds that "damages will proceed to trial."
Court: USDC Minnesota, Judge: Menendez, Filed On: August 24, 2023, Case #: 0:21cv1186, NOS: Employment - Civil Rights, Categories: Employment, Preemption
J. Kuhn finds the trial court properly denied defendant's motion to subtract the time spent in a nonresidential community corrections program from his prison sentence after he was arrested on new criminal charges. Under a ruling from the Colorado Supreme Court, nonresidential corrections programs are explicitly excluded from being calculated as time served when a defendant is resentenced. Affirmed.
Court: Colorado Court Of Appeals, Judge: Kuhn, Filed On: August 24, 2023, Case #: 2023COA75, Categories: Parole, Sentencing
J. Bade finds that the district court properly entered an order in a multidistrict litigation (MDL) in a case involving product liability from a medical company which makes and markets medical devices, including blood clot filters. For several years, the company defended against product liability lawsuits alleging that its retrievable blood clot filters caused injuries and deaths. The district court’s order requiring common benefit fund assessments in the non-MDL cases was within the scope of the district court’s authority. Affirmed.
Court: 9th Circuit, Judge: Bade, Filed On: August 24, 2023, Case #: 22-15872, Categories: Product Liability
J. Cogburn grants summary judgment to Wells Fargo following allegations of age discrimination brought by a former markets analyst after the bank fired her. The analyst, who was 54 years old, reports that a manager said of her, “She is that old? I thought she was young. God, she is older than me.” Although these comments represent a potential pattern of age discrimination, the analyst fails to show any direct evidence of it. Also, the bank had previously announced a company-wide reduction in the work force to save on labor costs, and it had fired a woman much younger than the analyst in the same position at the same time.
Court: USDC Western District of North Carolina, Judge: Cogburn, Filed On: August 24, 2023, Case #: 3:21cv248, NOS: Employment - Civil Rights, Categories: Employment, Employment Discrimination
J. Lie finds that the trial court was right to deny a motion to suppress the loaded unregistered handgun police found in a search of a juvenile. Probable cause was formed when the juvenile fled as his companions were being detained and patted down. His facial challenge to the constitutionality of the state's firearms licensing scheme fails because he did not show that its enforcement infringes Second Amendment rights in the great majority of cases. Affirmed.
Court: California Courts Of Appeal, Judge: Lie, Filed On: August 24, 2023, Case #: H050112, Categories: Firearms, Juvenile Law, Search
Per curiam, the Maine Supreme Court finds that the single justice properly determined that the appellant violated the Maine Rules of Professional Conduct and the Maine Bar Rules. The justice's factual findings regarding the appellant's continuing legal education and his representation of a certain client are "supported by competent record evidence." Additionally, the sanctions were not inappropriate. Affirmed.
Court: Maine Supreme Court, Judge: Per curiam, Filed On: August 24, 2023, Case #: 2023ME58, Categories: Evidence, Sanctions, Attorney Discipline
J. Boulee grants the rental company's motion to exclude testimony from a physical and biomedical engineer in an action brought by the employees alleging a claim for negligent bailment arising from injuries they suffered when they fell from a boom lift rented to the employer by the company. The engineer's opinions about the risk of injuries to the employees are not reliable. The company's motion to exclude expert testimony from a mechanical engineer and boom lift inspector is partially granted. The employees withdrew the mechanical engineer as a witness but they will not be unfairly prejudiced if the company calls him as a witness. The inspector may gave opinions as to the pre-delivery and post-delivery inspections of the boom lift.
Court: USDC Northern District of Georgia, Judge: Boulee, Filed On: August 24, 2023, Case #: 1:19cv1083, NOS: Personal Injury - Product Liability - Torts - Personal Injury, Categories: Negligence, Experts
[Consolidated.] J. VanMeter finds that the lower court improperly admitted evidence of other accidents occurring during use of ladderstands, such as the one from which a hunter fell when the tree strap broke, then failed to instruct the jury to refrain from considering the evidence. Reversed in part.
Court: Kentucky Supreme Court, Judge: VanMeter, Filed On: August 24, 2023, Case #: 2020-SC-0247-DG, Categories: Evidence, Product Liability
Upon remand from the Ninth Circuit, J. Nunley dismisses two individuals' action challenging a $20 law enforcement gun release fee and an arrest for illegally possessing a slungshot. They fail to allege the gun release application process utilizes discretionary decision-making or that it was applied in an improper way, while they also fail to show the slungshot is a weapon commonly used for self-defense.
Court: USDC Eastern District of California, Judge: Nunley, Filed On: August 24, 2023, Case #: 2:16cv523, NOS: Other Civil Rights - Civil Rights, Categories: Administrative Law, Civil Rights, Firearms
J. Elrod denies the petition for mandamus sought by the group yet to have a hearing on class certification in its suit alleging the landfill emits noxious gases. The group seeks to prevent an identical but separate suit from scheduling for trial before it finishes its class certification process. The group argues the novel theory that the rule of civil procedure regarding the filing of a putative class action bars all class members from reaching the merits of separate suits until its own class-certification proceedings conclude. The cited rule is not for testing novel, wrong legal theories. The rule does not cause the filing of a putative class action to universally estop all separate but related actions from proceeding.
Court: 5th Circuit, Judge: Elrod, Filed On: August 24, 2023, Case #: 23-30243, Categories: Environment, Due Process, Class Action
J. Guidry grants a request by a Louisiana-based insurance agency, dismissing the entity from a hurricane-damage suit brought by a suburban New Orleans realty company against a carrier in Ohio. The insured has made no allegation that the agency obtained the wrong type of policy or that it failed to account for a relevant history in making insurance recommendations. Therefore, the agency did not owe the insured a heightened duty of care nor did it fail to provide any insurance coverage requested by the realty company.
Court: USDC Eastern District of Louisiana , Judge: Guidry, Filed On: August 24, 2023, Case #: 2:22cv2883, NOS: Insurance - Contract, Categories: Insurance, Damages, Contract
Per curiam, the appellate division finds that attorney Traci Cipriano may be reinstated following her May 2019 suspension for failing to meet registration requirements because Cipriano complied with the order of suspension and demonstrated the requisite character to practice law.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: August 24, 2023, Case #: PM-182-23, Categories: Attorney Discipline
[Modified.] J. Hoffstadt corrects two typos with no change in judgment. The trial court properly rejected an insured's misrepresentation and unfair competition claims against an insurer that he filed after he entered an arbitrated settlement agreement with the insurer and its agent. The insurer was not obligated to independently analyze whether the variable life insurance products he bought were suitable since the agent performed a suitability analysis that satisfied statutory requirements. And even if the agent's analysis was flawed, the settlement agreement released the insurer from any liability resulting from the agent's negligence or breaches. Affirmed.
Court: California Courts Of Appeal, Judge: Hoffstadt, Filed On: August 24, 2023, Case #: B320820, Categories: Insurance, Settlements, Unfair Competition