191 results for 'filedAt:"2024-01-24"'.
J. Heytens finds the lower court properly granted judgment to the insurance company. The investment advisor sought coverage from her company's insurance plan after a company sued her for defamation for telling her clients not to invest after she claims to have found damning information about the company's CEO. The insurance company refused to pay because the advisor was acting on her behalf rather than her company's when she blew the whistle on the company. Affirmed.
Court: 4th Circuit, Judge: Heytens , Filed On: January 24, 2024, Case #: 22-1542, Categories: Insurance, Defamation, Whistleblowers
J. Pregerson denies in part California Highway Patrol officers' motion to dismiss a driver's allegations of excessive force, malicious prosecution and deliberate indifference to medical needs after he was pulled over and arrested for driving under the influence despite allegedly passing several field sobriety tests and agreeing to a breath test which was not administered. All charges against the driver were dropped following a blood test. The driver alleges he was thrown to the ground without cause, suffering a torn rotator cuff, shoulder injuries and back injuries. The officers are not entitled to qualified immunity on the excessive force claim. The officers withdrew their request to dismiss the malicious prosecution claim.
Court: USDC Central District of California, Judge: Pregerson, Filed On: January 24, 2024, Case #: 2:23cv5926, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights
J. Thrash grants the manufacturer's motion to transfer venue of a product liability and negligence action brought by the driver to the western district of North Carolina. The action arose after the driver suffered injuries which left him paralyzed from the chest down when his vehicle's driver seat head restraint broke in a collision. The dealership, the only Georgia resident, was fraudulently joined to the action and the driver's motion to remand the case is denied. The driver failed to state a valid negligence claim against the dealership because he failed to allege that it must have known of the seat's purported design defect. The underlying collision occurred in North Carolina and all the witnesses to the collision reside there.
Court: USDC Northern District of Georgia, Judge: Thrash, Filed On: January 24, 2024, Case #: 1:23cv4420, NOS: Motor Vehicle Product Liability - Torts - Personal Injury, Categories: Product Liability, Venue
J. Roemer allows plaintiffs to continue class claims contending a company failed to pay home care workers overtime, reimburse expenses, and provide proper wage notices. The viability of the untimely wage payment claims has been adjudicated against the company, and there remain outstanding factual and legal questions regarding the company's timekeeping policies.
Court: USDC Western District of New York, Judge: Roemer , Filed On: January 24, 2024, Case #: 1:19cv1417, NOS: Fair Labor Standards Act - Labor, Categories: Civil Procedure, Employment
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J. Buller finds that restaurant owners were improperly ordered to pay attorney fees after being sued for failing to pay the lease and damages to property they had vacated because the language of the indemnity provision in the parties' contract did not clearly demonstrate intent to shift fees to the owners in the event of a dispute. Affirmed in part.
Court: Iowa Court Of Appeals, Judge: Buller, Filed On: January 24, 2024, Case #: 23-0231, Categories: Landlord Tenant, Attorney Fees, Contract
J. Wilkin finds the lower court properly awarded permanent custody of the mother's five children to family services. Her failure to treat several psychological conditions, including bipolar disorder, and her refusal to refrain from engaging with several men that had physically abused several of the children prevented her from providing a safe and stable home environment. Affirmed.
Court: Ohio Court Of Appeals, Judge: Wilkin, Filed On: January 24, 2024, Case #: 2024-Ohio-377, Categories: Evidence, Family Law
J. Badding finds that a father's parental rights were properly terminated since the father lived in Illinois and recently had been fired for drug use. Meanwhile, he maintained little contact with his child, who had been born in 2019. Affirmed.
Court: Iowa Court Of Appeals, Judge: Badding, Filed On: January 24, 2024, Case #: 23-1730, Categories: Family Law
J. Tabor finds that defendant was properly denied relief from his conviction for operating a motor vehicle without the owner’s consent because defendant failed to prove counsel breached an essential duty by allowing him to plead guilty to the lesser offense since doing so allowed him to avoid a theft conviction. Affirmed.
Court: Iowa Court Of Appeals, Judge: Tabor, Filed On: January 24, 2024, Case #: 22-1099, Categories: Ineffective Assistance, Theft, Plea
J. Reichek finds that the lower court improperly entered a temporary injunction. The appellants contend that the order is void based on a lack of compliance with Rule 683, and the court agrees. Accordingly, the order is dissolved, and the matter is remanded for further proceedings. Reversed.
Court: Texas Courts of Appeals, Judge: Reichek, Filed On: January 24, 2024, Case #: 05-23-00458-CV, Categories: Civil Procedure
J. Mueller dismisses the state’s action against a tribal company and tribal officers seeking damages and penalties for their alleged trafficking in contraband cigarettes. The state fails to show the cigarettes at issue are contraband, as it does not allege they have shipped, transported, received, possessed, bought or sold them.
Court: USDC Eastern District of California, Judge: Mueller, Filed On: January 24, 2024, Case #: 2:23cv743, NOS: Other Statutory Actions - Other Suits, Categories: Damages, Racketeering
Vice Chancellor Laster rules that the controller of a public company operating two separate businesses entered a seal-dealing transaction that was not entirely fair to minority shareholders, rendering the controller and other defendants liable in the amount of $1.78 per share.
Court: Delaware Chancery Court, Judge: Laster, Filed On: January 24, 2024, Case #: 2019-0798-JTL, Categories: Fiduciary Duty
J. Bourgeois grants and modifies requests by two former employees of a Louisiana-based insurance brokerage, ordering the company to produce redacted personnel files and job descriptions of their former supervisor. The duo seeks the information for its state-law unfair practices suit on the argument they were actually employed by the parent company of the brokerage, not the subsidiary, and, therefore, they were not subject to the allegedly invalid and overly broad non-solicitation agreements with its subsidiary.
Court: USDC Middle District of Louisiana, Judge: Bourgeois, Filed On: January 24, 2024, Case #: 3:23cv596, NOS: Other Contract - Contract, Categories: Employment, Trade, Contract
J. Rosenbaum finds that the district court improperly ruled in favor of the parents in an action brought by the nanny for unpaid overtime wages under the Fair Labor Standards Act. The district court incorrectly found that the nanny resided in the parents' home. The nanny was not a live-in domestic service employee. The nanny had a separate home and was a night-shift worker for the parents. She was on duty for 79 hours each week, even while sleeping at the parents' home. A genuine issue of fact exists as to whether the parents or two LLCs funded by them were the nanny's employer. Reversed in part.
Court: 11th Circuit, Judge: Rosenbaum, Filed On: January 24, 2024, Case #: 22-13669, Categories: Labor
J. Bower finds that a father's parental rights were properly terminated since he used methamphetamine and violated no-contact orders, and he maintained little contact with his child. Affirmed.
Court: Iowa Court Of Appeals, Judge: Bower, Filed On: January 24, 2024, Case #: 23-1735, Categories: Family Law
J. Tookey finds the juvenile court erred when it barred a father’s counsel from participating in the final part of the permanency hearing on the father’s behalf, when the father himself was not physically present in the courtroom. The state concedes the error. Reversed.
Court: Oregon Court of Appeals, Judge: Tookey, Filed On: January 24, 2024, Case #: A181546, Categories: Family Law
J. Carter denies the lawn games manufacturer's motion to exclude the mischaracterization of its trade dress, which concerns the lawn games manufacturer's lawsuit that the outdoor games products company's TP White Connect 4 game infringes the lawn games manufacturer's Four In a Row game. The outdoor games company present facts that sufficiently question the functionality of elements of the lawn games manufacturer's definition of its trade dress.
Court: USDC Central District of California, Judge: Carter, Filed On: January 24, 2024, Case #: 8:19cv523, NOS: Trademark - Property Rights, Categories: Evidence, Trademark
J. Johnson partly grants a driver's motion to restrict evidence, such as being terminated from a previous job for serving alcohol and having an outstanding warrant, in his suit against a trucking company regarding a motor vehicle accident.
Court: USDC Southern District of Mississippi , Judge: Johnson, Filed On: January 24, 2024, Case #: 3:22cv457, NOS: Motor Vehicle - Torts - Personal Injury, Categories: Evidence, Vehicle, Negligence
J. Kamins finds the Oregon Liquor and Cannabis Commission properly cancelled petitioner’s liquor license after petitioner was charged with violations of Governor Kate Brown’s executive order by permitting indoor dining at its restaurant during a time when indoor restaurant dining was prohibited in Lane County as a result of the Covid-19 pandemic. “The challenged OHS guidance does not lack validity because it was not incorporated in the text of EO 20-66, was not separately filed with the Secretary of State, and was not adopted by OHA as an administrative rule.” Affirmed.
Court: Oregon Court of Appeals, Judge: Kamins, Filed On: January 24, 2024, Case #: A178679, Categories: Government, Covid-19
J. Patterson finds that the appellate division properly allowed plaintiff to continue claims seeking insurance coverage for business losses sustained by a casino during the Covid-19 pandemic because the casino failed to establish losses occurred in part due to physical damage, and the contamination exclusion did not reference "viruses" or "pathogens." Affirmed.
Court: New Jersey Supreme Court, Judge: Patterson , Filed On: January 24, 2024, Case #: A-28-22, Categories: Insurance, Covid-19
[Consolidated.] J. Pallmeyer partially grants the Cook County Sheriff’s Office’s motion to dismiss three related suits which claim the office did not do enough to protect jail workers from county detainees’ sexual harassment. Female workers brought two of the cases while a group of male workers brought a third; collectively, over 300 workers said they faced detainees’ threats of sexual violence, unwanted advances and public masturbation. The court dismisses three individual female plaintiffs from the case but otherwise allows all three suits to stand.
Court: USDC Northern District of Illinois, Judge: Pallmeyer, Filed On: January 24, 2024, Case #: 1:23cv1390, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Employment, Equal Protection