109 results for 'filedAt:"2023-10-13"'.
J. Joseph denies a New Mexico resident’s request to dismiss for lack of jurisdiction a lawsuit by a Louisiana company against his multi-state-based company to recover for the loss of the litigant’s industrial equipment in a fire at a well location in western Central Texas. The master lease agreement explicitly designates the Western District of Louisiana as a proper forum. Though the well site was in Texas, the master lease called for loading and unloading of the equipment at the litigant’s facility in Louisiana. Further, the New Mexican owner of the sued corporation fails to show that litigating the contractual dispute in Louisiana would be unfair or unreasonable.
Court: USDC Western District of Louisiana , Judge: Joseph, Filed On: October 13, 2023, Case #: 6:23cv936, NOS: Other Contract - Contract, Categories: Civil Procedure, Energy, Jurisdiction
J. Cetrulo finds that an order confirming a property sale was valid even after the buyers learned the deed misidentified a neighboring lot because the mistaken identification could have easily been ascertained as a matter of public record.
Court: Kentucky Court Of Appeals, Judge: Cetrulo, Filed On: October 13, 2023, Case #: 2022-CA-1416-MR, Categories: Property
J. Doherty finds that the lower court properly convicted defendant of murder after allowing him to proceed pro se despite his mental health issues and noncompliance with medication. The court conducted a full evidentiary hearing on the matter of defendant's competence and reasonably relied on its observations of defendant in addition to expert testimony. Affirmed.
Court: Illinois Appellate Court, Judge: Doherty, Filed On: October 13, 2023, Case #: 220797, Categories: Competence, Murder, Self Representation
J. Luthy finds that defendant was entitled to an adverse inference jury instruction highlighting an officer's failure to activate his body-worn camera before arresting defendant for failure to stop. The evidence that he was driving before the vehicle was abandoned was relatively weak while the Adverse Instruction Statute's factors weigh in favor of an instruction. Reversed in part.
Court: Utah Court Of Appeals, Judge: Luthy, Filed On: October 13, 2023, Case #: 20210416-CA, Categories: Ineffective Assistance, Jury Instructions
J. Sannes grants a motion to certify a class action lawsuit against a regional bank for purposes of a settlement and simultaneously grants preliminary approval of the parties’ proposed settlement agreement to resolve claims that the bank applied overdraft fees on customers’ checking accounts even though sufficient funds were available. The court finds the proposed settlement fair, reasonable and adequate and schedules final approval for March 1, 2024.
Court: USDC Northern District of New York, Judge: Sannes, Filed On: October 13, 2023, Case #: 3:22cv9995, NOS: Other Contract - Contract, Categories: Settlements, Banking / Lending, Class Action
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J. Pechman grants the consumer's renewed motion for class certification for his complaint that the health insurance provider violated the Telephone Consumer Protection Act using an artificial pre-recorded voice to call cellular telephone numbers without prior consent. The provider's argument that the consumer's interests are fundamentally different from class members' interests is speculative, because the provider does not present any evidence that paying damages will cause the other members' premiums to go up or that damages would affect the provider's ability to provide service.
Court: USDC Western District of Washington, Judge: Pechman, Filed On: October 13, 2023, Case #: 2:19cv175, NOS: Other Statutory Actions - Other Suits, Categories: Insurance, Damages, Class Action
J. Lin denies the insurance company's motion to exclude HP's expert from testifying in the insurance company's lawsuit alleging that HP's computer started a fire that caused significant damage to an apartment complex. The expert has “over 29 years of work experience in commercial construction management in the Pacific Northwest" and sufficient support for his report. However, this does not include conclusions about a fire alarm system and the Washington State Sales Tax that were not in his original report, so he is not allowed to testify on those two categories.
Court: USDC Western District of Washington, Judge: Lin, Filed On: October 13, 2023, Case #: 2:19cv138, NOS: Tort Product Liability - Real Property, Categories: Product Liability, Experts, Discovery
J. Jennings rules against officers in certain false arrest and imprisonment claims contending plaintiff had been assaulted for driving with excessively tinted windows because a genuine dispute of fact exists as to whether one of the officers had struck plaintiff while he was on the ground, and surveillance video demonstrates plaintiff posed little threat after being initially subdued.
Court: USDC Western District of Kentucky, Judge: Jennings , Filed On: October 13, 2023, Case #: 3:19cv631, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights
J. Kornmann dismisses two individuals from a sex discrimination and education claim because the students abandoned their equal protection claim and Title IX claims can not be brought against individual officials. The court also denies a temporary restraining order as moot. The matter stems from a preliminary injunction to enjoin the Sioux Falls School District 49-5 from eliminating the District's gymnastics program on the basis that
eliminating the gymnastics program violates Title IX and the students' Fourteenth Amendment Equal Protection rights.
Court: USDC South Dakota, Judge: Kornmann, Filed On: October 13, 2023, Case #: 4:23cv4139, NOS: Other Civil Rights - Civil Rights, Categories: Education, Equal Protection, Restraining Order
J. DeGiusti grants the defendant bank's motions to compel discovery in this lawsuit arising from the alleged denial of an individual's loan application. The loan applicant, who contends that the denial was based on race, is ordered to "supplement his discovery responses" and to "produce all responsive documents" within 30 days of this order.
Court: USDC Western District of Oklahoma , Judge: DeGiusti, Filed On: October 13, 2023, Case #: 5:20cv946, NOS: Housing/Accommodations - Civil Rights, Categories: Civil Rights, Discovery, Banking / Lending
J. Jones issues an order to compel the boat company to comply with discovery requests from the boat buyers, who claim in their lawsuit that the boat company defrauded them during the sale of a boat. The information the boat buyers seek is relevant to their case and the boat company does not show that this information qualifies as trade secrets or is somehow privileged. Also, because the individual defendant refused to meaningfully participate in the discovery process, he must pay the boat buyers' request for $3,700 in fees.
Court: USDC Western District of Washington, Judge: Jones, Filed On: October 13, 2023, Case #: 2:22cv1594, NOS: Other Fraud - Torts - Personal Property, Categories: Fraud, Discovery, Attorney Fees
J. Richardson adopts the magistrate judge's recommendation and dismisses this action based on a lack of jurisdiction. The plaintiff, an independent contractor who performed construction and maintenance work for the defendant homeowners association, asserts claims for defamation and sexual harassment. However, he fails to establish a basis for federal question jurisdiction.
Court: USDC Middle District of Tennessee , Judge: Richardson, Filed On: October 13, 2023, Case #: 3:23cv159, NOS: Employment - Civil Rights, Categories: Civil Procedure, Defamation, Jurisdiction
J. Seeley finds the lower court properly denied the inmate's petition for a writ of habeas corpus because his claims of ineffective assistance related to the state's plea offer before a murder trial were meritless. The inmate's attorney properly explained the elements of the crimes with which he was charged and the state's burden of proof. Affirmed.
Court: Connecticut Court Of Appeals, Judge: Seeley, Filed On: October 13, 2023, Case #: AC45795, Categories: Habeas, Ineffective Assistance, Murder
J. Abele finds the trial court properly held jurisdiction over defendant's drug charges. Although the original indictment did not include specific weights of the drugs recovered during the arrest, the weight of the drugs would have mattered only during the punishment phase; therefore, defendant abandoned this claim when he pleaded guilty. Affirmed.
Court: Ohio Court Of Appeals, Judge: Abele, Filed On: October 13, 2023, Case #: 2023-Ohio-3895, Categories: Drug Offender, Jurisdiction
J. Hodge finds the superior court erred in its decision ordering the former husband to pay his former wife support including $350,000 in attorney fees, $7,500 in monthly cash alimony and $5,000 credit card access per month pending the remainder of their divorce litigation. Seeing as how the divorce proceeding is in such a late stage, as the petition for divorce was filed in 2016, a divorce decree was entered in February 2022 and the former wife petitioned for alimony and fees pending litigation for the first time in March 2022, the superior court did not have authority to award the alimony and fees, in part because its decree did not explicitly retain jurisdiction permitting a future claim for spousal support. The superior court's order is reversed, and the case is remanded for it to consider only the division of marital assets. Reversed.
Court: Virgin Islands Supreme Court, Judge: Hodge, Filed On: October 13, 2023, Case #: 2023 VI 12, Categories: Family Law, Jurisdiction