101 results for 'cat:"Negligence" AND cat:"Jurisdiction"'.
J. Tijerina finds that the lower court properly denied the department's plea to the jurisdiction in this lawsuit involving personal injuries allegedly caused by an under-the-seat heater on a prison bus. The individual plaintiff, who was being transported on the bus, sufficiently argues that he was burned after guards refused to reduce the heat. Affirmed.
Court: Texas Courts of Appeals, Judge: Tijerina, Filed On: June 15, 2023, Case #: 13-21-00246-CV, Categories: Transportation, negligence, jurisdiction
J. Riley finds that the trial court should have dismissed negligence claims contending a school athletic trainer told plaintiff's daughter not to go to the hospital after she suffered head injuries while playing volleyball for lack of subject matter jurisdiction because the case was not presented to the medical review panel before being filed with the trial court. Reversed.
Court: Indiana Court Of Appeals, Judge: Riley, Filed On: June 14, 2023, Case #: 22A-CT-2929, Categories: negligence, jurisdiction
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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. Nagala grants the parents' motion to remand to the Connecticut Superior Court, ruling this court lacks jurisdiction over their suit against the social media platforms because the plaintiffs and the individual defendants are based in Connecticut. Although Meta Platforms argues the individual defendants who sexually assaulted the social media user were misjoined to the action to prevent removal to this court, there is no egregious conduct on the part of the parents, while the individual defendants' actions are at least somewhat related to the claims against the social media platforms.
Court: USDC Connecticut, Judge: Nagala, Filed On: May 24, 2023, Case #: 3:23cv284, NOS: Personal Injury - Product Liability - Torts - Personal Injury, Categories: negligence, Product Liability, jurisdiction
J. Moorer remands a couple's negligence and warranty case against a timber company and others to state court. The company's removal of the action was untimely, as it was clear from the initial complaint the amount in controversy exceeded $75,000.
Court: USDC Southern District of Alabama, Judge: Moorer, Filed On: May 23, 2023, Case #: 1:22cv516, NOS: Tort Product Liability - Real Property, Categories: negligence, jurisdiction, Warranty