103 results for 'filedAt:"2024-02-13"'.
J. McKeown finds that the district court improperly dismissed an amended complaint brought by a mobile home park seeking to enjoin the enforcement of California AB 978, a mobile home rent control statute. The mobile home park alleged that if it raises mobile home rents more than AB 978 allows, the California Attorney General will enforce AB 978 against it and seek sanctions. The mobile home park adequately pled standing based on a pre-enforcement injury and plausibly alleged that it refrained from raising rents because of the Attorney General’s interpretation of AB 978, and demonstrated a substantial threat of enforcement given that the Attorney General not only refused to disavow its intent to enforce AB 978 but also admitted that AB 978 targets the mobile home park. Reversed.
Court: 9th Circuit, Judge: McKeown, Filed On: February 13, 2024, Case #: 22-16063, Categories: Housing
J. Dillard finds that the trial court improperly granted the driver's motion to enforce an insurance settlement in an action brought by the estate administrator seeking damages for a car collision that resulted in the decedent's death. The trial court incorrectly found that the insurer's release and payment complied with the terms of the administrator's offer and formed a settlement agreement. The insurer's check indicated that it would become void if not presented within 90 days, varying from the requirement in the administrator's offer that the settlement payment be free from conditions that are not permitted in the release. Reversed.
Court: Georgia Court of Appeals, Judge: Dillard, Filed On: February 13, 2024, Case #: A23A1527, Categories: Settlements
J. Carlyle finds that the lower court properly granted summary judgment for the defendant law firm in this suit brought by a liquidating trustee alleging breach of fiduciary duty, legal malpractice, fraudulent transfer and participatory liability, based on the firm's involvement in a recapitalization plan. Summary judgment was appropriate "based on the absence of standing" regarding certain "allegedly assigned causes of action." Also, the firm negated an essential element of the breach of fiduciary duty claim, specifically as to an alleged improper benefit. Affirmed.
Court: Texas Courts of Appeals, Judge: Carlyle, Filed On: February 13, 2024, Case #: 05-23-00264-CV, Categories: Fraud, Fiduciary Duty, Legal Malpractice
J. Fitzgerald Smith finds that the lower court properly entered judgment in favor of the family in a wrongful death suit, awarding them $42.5 million against the hospital after it failed to prevent a patient's baclofen withdrawal, despite being well-informed of his need for the drug ahead of his surgery. The jury reasonably found that a complete breakdown of communication between hospital departments led to to his organ failure from not receiving the drug he needed for his muscle spasms. Affirmed.
Court: Illinois Appellate Court, Judge: Fitzgerald Smith, Filed On: February 13, 2024, Case #: 230355, Categories: Damages, Wrongful Death
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J. Hall partially grants the individuals' motions to dismiss a civil rights and wrongful death action brought by the children of the decedent. The civil rights claim is dismissed due to the children's failure to allege a violation of a federal right. The children's motion to remand the action is denied because the individuals established there was unanimous consent to remove the action at the time of removal. The remaining state law claims are remanded to the state court of Tattnall County.
Court: USDC Southern District of Georgia, Judge: Hall, Filed On: February 13, 2024, Case #: 6:23cv16, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Wrongful Death
J. McGrath finds that the trial court properly held that respondent waived his rights to oppose a three-month involuntary civil commitment. He signed a stipulation while thinking logically and after a thorough discussion with counsel. But an order for the involuntary administration of medications was not supported by evidence of necessity. Reversed in part.
Court: Montana Supreme Court, Judge: McGrath, Filed On: February 13, 2024, Case #: DA 22-0014, Categories: Commitment, Due Process
J. Carlyle conditionally grants the relator's petition for a writ of mandamus, in which she challenges an order in the underlying proceeding granting a new trial. The court concludes that the order is "facially deficient" and that the relator is entitled to mandamus relief. Specifically, the new trial order fails to identify "a valid reason for a new trial," which amounts to an abuse of discretion.
Court: Texas Courts of Appeals, Judge: Carlyle, Filed On: February 13, 2024, Case #: 05-23-01197-CV, Categories: Civil Procedure
J. King denies the retail company's motion to compel arbitration in the customer's class action accusing the retail company of using fake time-limited discount offers. The retail company's arbitration clause contains a carveout provision for actions that seek injunctive relief, so the customer's suit falls outside the scope of the arbitration agreement. However, because a forum selection clause is also contained in the carveout provision, the parties must show cause within 21 days as to why the case should not be transferred to the Southern District of California.
Court: USDC Western District of Washington, Judge: King, Filed On: February 13, 2024, Case #: 2:23cv408, NOS: Other Contract - Contract, Categories: Arbitration, Class Action, Contract
J. O'Connell grants the government's motion to dismiss for lack of jurisdiction and for summary judgment based on a release. The government denied payment to a contractor for certain dry and heavy cargo transfer removal because it allegedly never submitted an invoice. The contractor received consideration of $808,000. Even if it was entitled to this money and the removal request claim was entirely valid, the release is still enforceable.
Court: Armed Services Board Of Contract Appeals, Judge: O'Connell , Filed On: February 13, 2024, Case #: 62319, Categories: Government, Contract