3,445 results for 'cat:"Civil Procedure"'.
J. Shelby grants the plaintiff chicken growers' motion for class certification in this antitrust litigation alleging that certain poultry companies suppressed compensation in violation of the Sherman Antitrust Act. The commonality and typicality elements are satisfied. Additionally, the court denies the defendant poultry company's motion to exclude certain expert opinions.
Court: USDC Eastern District of Oklahoma, Judge: Shelby, Filed On: May 8, 2024, Case #: 6:17cv33, NOS: Antitrust - Other Suits, Categories: Antitrust, civil Procedure
J. Reichek finds that the lower court properly awarded the original guardian ad litem’s fees and expenses in this lawsuit arising from a motor vehicle accident. The lower court did not abuse its discretion in determining the amount of the fees awarded. The record shows that the appellant failed to respond to certain communications and was eventually replaced as ad litem. Affirmed.
Court: Texas Courts of Appeals, Judge: a, Filed On: May 8, 2024, Case #: 05-22-00829-CV, Categories: civil Procedure, Tort, Attorney Fees
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J. Watkins finds that the trial court improperly granted the landlord's motion for partial summary judgment as to liability in a dispossessory action against the tenant. The trial court failed to give the tenant notice of oral arguments requested by the landlord and incorrectly allowed the landlord to withdraw its request. Vacated.
Court: Georgia Court of Appeals, Judge: Watkins, Filed On: May 8, 2024, Case #: A24A0370, Categories: civil Procedure, Landlord Tenant
J. Gillmor denies a motion by the family of a man killed in a 2019 helicopter crash to amend the complaint and scheduling order in order to include a claim against a helicopter manufacturer for concealing information from the Federal Aviation Administration under the General Aviation Revitalization Act. The motion is untimely because trial for the case will begin in a month, and the family did not ever propose amendment during previous scheduling order adjustments over three years of litigation. The proposed amendment does not meet standards for pleading anyway, as the family does not identify any specifics in the accused misrepresentations. The helicopter manufacturer has also already timely established a defense under the Act.
Court: USDC Hawaii, Judge: Gillmor, Filed On: May 8, 2024, Case #: 1:21cv193, NOS: Airplane - Torts - Personal Injury, Categories: civil Procedure, Negligence, Aviation
J. Guidry denies competing requests by a maritime employer and its employee to exclude testimony by one another’s expert in a personal injury case. The steersman, who allegedly suffered a back injury while performing deck work on a tug and barge fleet, has sufficiently established his expert’s testimony is based on his expertise and experience as a boat captain and that his testimony will be helpful to the jury. Likewise, testimony by the towing company’s expert, also an experienced riverboat captain, will be helpful to the jury because the case involves maritime matters that can assist a layperson.
Court: USDC Eastern District of Louisiana , Judge: Guidry, Filed On: May 8, 2024, Case #: 2:22cv237, NOS: Marine - Contract, Categories: civil Procedure, Jury, Experts
J. Ahlers finds that a creditor's lawsuit against the daughter's power of attorney was properly dismissed in claims alleging non-payment of nursing home bills because she did not become personally liable for the debt simply by being her mother's agent and no longer held power of attorney at the time the suit was filed. Affirmed.
Court: Iowa Court Of Appeals, Judge: Ahlers, Filed On: May 8, 2024, Case #: 23-0459, Categories: civil Procedure, Debt Collection, Contract
J. Benavides conditionally grants the relator’s petition for a writ of mandamus, in which he challenges a ruling in the lower court granting his pre-suit deposition. The entity seeking the deposition failed to show why the deposition should occur in a Rule 202 proceeding. Accordingly, the order granting the request was an abuse of discretion.
Court: Texas Courts of Appeals, Judge: Benavides, Filed On: May 8, 2024, Case #: 13-23-00410-CV, Categories: civil Procedure, Discovery
Per curiam, the Supreme Court of Ohio finds the petitioner was not entitled to a writ of mandamus to reinstate a legal malpractice lawsuit. Although a state court is divested of jurisdiction upon removal of the case to federal court, the petitioner failed to file his removal notice with the state court, which maintained jurisdiction and was able to dismiss the case. Affirmed.
Court: Ohio Supreme Court, Judge: Per curiam, Filed On: May 8, 2024, Case #: 2024-Ohio-1719, Categories: civil Procedure, Jurisdiction
Per curiam, the appellate division finds that the lower court properly dismissed this breach of contract action over collection services for outstanding parking and traffic tickets as time-barred. The contract expired in 2016, but the company did not file suit until 2019, long after the one-year statute of limitations had expired. Affirmed.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: May 8, 2024, Case #: 02551, Categories: civil Procedure, Contract
J. Fowlkes dismisses this legal malpractice lawsuit for failure to state a claim and denies the pro se plaintiff’s motion for leave to amend, calling such an effort futile. The malpractice claim allegedly stems from the defendant attorney’s legal representation in an underlying criminal case. However, the plaintiff has failed to show “that he has obtained post-conviction relief,” and his amended complaint also fails to show why the case should not be dismissed.
Court: USDC Western District of Tennessee , Judge: Fowlkes, Filed On: May 8, 2024, Case #: 2:20cv2174, NOS: Mandamus & Other - Habeas Corpus, Categories: civil Procedure, Evidence, Legal Malpractice
J. Reyes finds that plaintiff's motion to substitute parties was properly granted in personal injury claims brought after the driver of a moving truck fell asleep at the wheel and crashed, injuring plaintiff, his passenger. Plaintiff incorrectly named a defendant in his suit, but the moving company had notice of the misnomer from the start. Affirmed.
Court: Iowa Court Of Appeals, Judge: Tabor, Filed On: May 8, 2024, Case #: 23-1034, Categories: civil Procedure, Negligence
J. Dick grants, in part, a request by an insurer to deposit $325,000 in annuity proceeds into the court’s registry and be dismissed from the case on grounds it is a disinterested stakeholder. The insurer's requested $9,400 in attorney fees is reduced to $6,500, as the requested amount is excessive. The insurer will then be dismissed from the case.
Court: USDC Middle District of Louisiana, Judge: Dick, Filed On: May 7, 2024, Case #: 3:23cv601, NOS: Other Statutory Actions - Other Suits, Categories: civil Procedure, Insurance, Attorney Fees
Per curiam, the circuit finds that the district court properly dismissed Title IX claims stemming from Columbia University's investigation of a sexual assault reported against a coed by another student. The coed's "deliberate indifference" charge failed in light of university protocols for handling allegations of peer harassment, and while she may have advocated for different procedures, Title IX did not give her the right to make particular remedial demands. Meanwhile, the court did not abuse its discretion in denying her third attempt to amend and dismissing her claim with prejudice. Affirmed.
Court: 2nd Circuit, Judge: Per curiam, Filed On: May 7, 2024, Case #: 23-960-cv, Categories: civil Procedure, Civil Rights, Education
J. Sands partially grants the police sergeant's and deputy's motion to dismiss a civil rights and negligence action brought by the individual after he was told he would be arrested for trespassing if he continued holding a sign outside the Georgia Department of Economic Development reading "God Bless Homeless Veterans." The individual improperly used sheriff's deputies from the same sheriff's office as the sergeant and deputy to serve them. The individual is ordered to timely serve the officers within 21 days.
Court: USDC Middle District of Georgia, Judge: Sands, Filed On: May 7, 2024, Case #: 7:23cv120, NOS: Other Civil Rights - Civil Rights, Categories: civil Procedure, Civil Rights
J. Prata finds that the trial court properly granted the town summary judgment in claims contending the town was not authorized to review a major land development application because a town resident failed to establish standing or grounds to challenge the ruling, and failed to raise claims that the town engaged in illegal contract zoning in the superior court. Affirmed.
Court: Rhode Island Supreme Court, Judge: Prata, Filed On: May 7, 2024, Case #: 22-326, Categories: civil Procedure, Zoning
J. Clay finds the lower court erroneously dismissed the adjacent landowner's Clean Water Act claims against the landfill operator on the grounds of claim preclusion. Although some of the issues presented in the lawsuit, including the issue of fill material used at the site, were present prior to the operator's consent decree with the Environmental Protection Agency, the landowner could not have litigated them at that point because Tennessee did not have the authority to issue the proper permits. However, because the landowner failed to follow notice requirements after the landfill operator entered into the consent decree, the lower court properly dismissed the claims in the suit that deal with violations after the decree was signed. Reversed in part.
Court: 6th Circuit, Judge: Clay, Filed On: May 7, 2024, Case #: 22-6118, Categories: civil Procedure, Environment, Water
J. Smith finds the lower court properly dismissed the contract claim filed by the general contractor against the masonry company. Any defects in fireplaces should have been discovered when the homes were finished in 2016, which means the 2021 claim was barred by Mississippi's three-year statute of limitations. However, because the first fire did not occur until 2018, the negligence claims were not barred by the same statute of limitations and will be reinstated upon remand. Affirmed in part.
Court: Mississippi Court Of Appeals, Judge: Smith, Filed On: May 7, 2024, Case #: 2022-CA-938, Categories: civil Procedure, Construction, Contract