115 results for 'filedAt:"2023-10-17"'.
J. Doyle finds that the trial court improperly denied the condo association's motion for summary judgment in a negligence, breach of contract and nuisance action brought by the individual arising from property damage which allegedly resulted when soot and exhaust infiltrated her condo unit from a diesel-powered generator. The trial court incorrectly ruled without first determining the admissibility of testimony from two of the individual's experts pursuant to the association's motion to strike the testimony. Vacated.
Court: Georgia Court of Appeals, Judge: Doyle, Filed On: October 17, 2023, Case #: A23A0933, Categories: Negligence, Experts, Contract
J. Flanagan grants Freddie Mac and two other mortgage providers’ motion to dismiss a homeowner’s claims that the providers induced her to make fraudulent payments on an alleged mortgage modification. Her motion for remand on the federal RESPA claim is denied because this court has original jurisdiction. Under her state RESPA claim that the providers requested the wrong escrow amount in her mortgage payments, she cannot proceed because under the provision she specifies, she has no private right of action.
Court: USDC Eastern District of North Carolina, Judge: Flanagan, Filed On: October 17, 2023, Case #: 2:23cv31, NOS: Other Contract - Contract, Categories: Fraud, Banking / Lending, Contract
J. Sung finds that the district court improperly dismissed a matter for failure to state a claim in a Northwestern Band of the Shoshone Nation complaint against Idaho state officials concerning the interpretation of the 1868 Treaty of Fort Bridger between the United States and several bands of the Shoshone and Bannock Tribes. Under the treaty, the Shoshone and Bannock Tribes ceded most of their territory to the United States. At the same time, the Tribes expressly reserved their right to hunt on unoccupied lands of the United States. The 1868 Treaty does not make maintenance of the Tribes’ reserved hunting rights contingent on permanent residence. Reversed.
Court: 9th Circuit, Judge: Sung, Filed On: October 17, 2023, Case #: 22-35140, Categories: Property, Native Americans, Water
J. Reichek finds that the lower court improperly denied the city's plea to the jurisdiction in this premises liability lawsuit involving an alleged trip and fall incident on a city sidewalk. There was no evidence that the city had knowledge of "a condition creating an unreasonable risk of harm." There were no prior injuries caused by the sidewalk, which included a change in elevation between two sections of the concrete. Reversed.
Court: Texas Courts of Appeals, Judge: Reichek, Filed On: October 17, 2023, Case #: 05-22-01001-CV, Categories: Tort, Jurisdiction
J. McFadden finds that the trial court properly ruled in favor of the firm and the attorney in a negligence action brought by the conservator alleging that the firm and attorney breached their duty to the ward in a real estate transaction by failing to ensure that a quitclaim deed did not convey more property than the ward had intended. Neither the firm or the attorney had an attorney-client relationship with the ward and instead represented the buyer. Affirmed.
Court: Georgia Court of Appeals, Judge: McFadden, Filed On: October 17, 2023, Case #: A23A0732, Categories: Property, Negligence
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Per curiam, the appellate division finds that the lower court properly granted the employees' motion for class certification in a wage and hour suit. The employees are not obligated to arbitrate this dispute because they left their employment before a December 15 memorandum of agreement went into effect and so are not subject to its alternative dispute resolution clause. Affirmed.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: October 17, 2023, Case #: 05237, Categories: Employment, Class Action
Per curiam, the Supreme Court of Ohio finds the lower court properly dismissed the inmate's petitions for writs of mandamus and prohibition because his right to counsel claim regarding his lack of an attorney at sentencing could have been raised on direct appeal and was not a jurisdictional defect that deprived the trial court of jurisdiction to sentence him. Affirmed.
Court: Ohio Supreme Court, Judge: Per curiam, Filed On: October 17, 2023, Case #: 2023-Ohio-3742, Categories: Sentencing, Jurisdiction, Self Representation
J. Vance grants remand to a truck-stop casino and against its insurer arising from a breach of coverage claim of property damage from a lightning strike. The casino successfully argued that the amount due for repairs under the insurance policy is not in controversy because the insurer had already paid for repairs before suit was filed, and thus the only amounts at issue in its petition are statutory penalties and attorney fees. The insurer failed to offer summary judgment-type evidence that supports its argument that the disputed mount exceeds the jurisdictional minimum of $75,000.
Court: USDC Eastern District of Louisiana , Judge: Vance, Filed On: October 17, 2023, Case #: 2:23cv3709, NOS: Insurance - Contract, Categories: Civil Procedure, Evidence, Jurisdiction
J. Flanagan grants FedEx’s motion for summary judgment following allegations of race, gender and age discrimination brought by a former operations manager. The manager filed complaints against several supervisors, with whom she worked directly or indirectly, following an incident where she got into a verbal argument with a third-party employee. The manager claims that the supervisors set her up and persuaded other staff to blame her for instigating the fight. FedEx disciplined the manager for this, and later again for another argument, this time with a package handler, after which it fired the manager. Summary judgment is awarded because the manager fails to state a claim on all counts.
Court: USDC Eastern District of North Carolina, Judge: Flanagan, Filed On: October 17, 2023, Case #: 5:22cv120, NOS: Employment - Civil Rights, Categories: Civil Rights, Employment, Employment Discrimination
J. Codrington finds that the trial court improperly dismissed a felon in possession of a firearm complaint. No evidence shows that the loss of dashcam footage during the five years between when the charge was filed and when the case was prosecuted prejudiced defendant. Reversed.
Court: California Courts Of Appeal, Judge: Codrington, Filed On: October 17, 2023, Case #: E079991, Categories: Firearms, Due Process
Per curiam, the circuit finds that the district court properly dismissed claims contending YouTube permitted video postings that contained copyrighted content from two documentaries previously published on its platform. The producer sought to amend claims to include use of three-dimensional renderings of historical scenes created with proprietary technology, but that allegation was futile for failing to support a plausible claim for YouTube's contributory or vicarious liability. Affirmed.
Court: 2nd Circuit, Judge: Per curiam, Filed On: October 17, 2023, Case #: 22-3007-cv, Categories: Copyright
J. Lee grants summary judgment to the city defendants in this employment discrimination and retaliation lawsuit brought by a former police officer. The officer cannot show that she was "constructively discharged," as she asserts. Accordingly, she fails to establish a prima facie case of discrimination or retaliation.
Court: USDC Eastern District of Tennessee , Judge: Lee, Filed On: October 17, 2023, Case #: 1:21cv293, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Employment Discrimination, Employment Retaliation
J. Sullivan finds that the district court properly sentenced defendant to 45 years based on her guilty plea to sexual exploitation and conspiracy to sexually exploit her young child. The sentence was not substantively unreasonable given that she solicited participation by the girl's father and produced and shared pornographic photos and videos of encounters based on the father's directions. The court failed to verify defendant had read and discussed the presentence report with counsel, but the error was not prejudicial. Affirmed.
Court: 2nd Circuit, Judge: Sullivan, Filed On: October 17, 2023, Case #: 21-2134, Categories: Criminal Procedure, Sentencing, Child Pornography
J. Humes finds that defendant may seek to have his sentence reduced in a full resentencing hearing on his assault and threat convictions due to legislation that changed the application of sentencing enhancements. One new law gives courts discretion to strike a prior serious felony allegation and another specifies the factors for courts to consider when doing so. However, other benefits of his plea agreement may be withdrawn in the process. Reversed.
Court: California Courts Of Appeal, Judge: Humes, Filed On: October 17, 2023, Case #: A166124, Categories: Sentencing, Assault, Plea
J. Vatti denies, in part, the automotive store's request for damages, ruling the alteration of inventory records by the former employee does not constitute misappropriation of trade secrets under federal law and prevents any damages on that count. Although the overpayments for used vehicles were supported by evidence in the record, the requested damages must be reduced by the previously agreed upon settlement amounts and results in a total award of over $885,000 in compensatory damages.
Court: USDC Connecticut, Judge: Vatti, Filed On: October 17, 2023, Case #: 3:19cv1345, NOS: Other Statutory Actions - Other Suits, Categories: Fraud, Trade Secrets, Damages
Per curiam, the Fifth Circuit finds the district court improperly granted the government’s motion to involuntarily medicate the incompetent defendant who threatened a federal judge and whose religious faith requires abstention from psychiatric medication. Defendant’s religious beliefs, combined with his lengthy sentence and potential civil confinement, reduces the government’s interests in forcible medication. Religious liberty, though not a “get out of jail” card, can constitute a “special circumstance” under guiding case law, and defendant properly raised a religious objection to forcible medication. Vacated and remanded.
Court: 5th Circuit, Judge: Per curiam, Filed On: October 17, 2023, Case #: 23-30030, Categories: Competence, Civil Rights
J. Lauber denies the commissioner of internal revenue summary judgment in this tax deficiency dispute because genuine issues remain in dispute as to whether the taxpayer intentionally attempted to evade paying taxes.
Court: U.S. Tax Court, Judge: Lauber, Filed On: October 17, 2023, Case #: 2023-124, Categories: Fraud, Tax
[Consolidated.] J. Bourliot finds that while the trial court properly ruled in favor of the insurance agent in a hurricane coverage dispute with a condominium owner, it partly erred in siding with the owners association in a dispute over unpaid assessments with the condo owner. Granting summary judgment based on res judicata was erroneous since the association and condo owner were not "adverse parties" in the prior lawsuit. Reversed in part.
Court: Texas Courts of Appeals, Judge: Bourliot, Filed On: October 17, 2023, Case #: 14-21-00467-CV, Categories: Civil Procedure, Insurance, Property
J. Hampson finds that the trial court improperly denied a builder's motion to compel arbitration in Tennessee in breach of contract claims concerning unpaid invoices for plumbing services because issues remain in dispute as to whether the transaction involved interstate commerce and whether the federal arbitration act applies. Reversed.
Court: North Carolina Court of Appeals, Judge: Hampson, Filed On: October 17, 2023, Case #: COA23-228, Categories: Arbitration, Preemption, Contract
J. Nelson denies the medical products corporation's motion to exclude the testimony of John Cary, who offered expert testimony on damages, from the patient's lawsuit alleging that the medical products corporation's AccuLIF TL interbody device was defective and caused injury to his spine. Although Cary potentially erroneously applied the RAPEL methodology because his conclusions contradict the evidence on record, this does not mean that Cary erroneously applied the methodology using the reviewed materials, so his conclusions are currently admissible.
Court: USDC Oregon, Judge: Nelson, Filed On: October 17, 2023, Case #: 3:21cv80, NOS: Personal Injury - Product Liability - Torts - Personal Injury, Categories: Product Liability, Experts, Discovery