110 results for 'filedAt:"2024-04-22"'.
J. Kobayashi partially grants a motion in limine by the government regarding testimony by doctors and other experts in a case where military families accuse the government of causing jet fuel contamination in their drinking water. A physician can testify to one families’ treatment and causation as long as it corresponds with the previous medical record. The families’ toxicology expert may only testify on diagnoses and prognoses, but not causation. A pair of life planners can rely on medical records in their testimony, as it is common practice in their industry.
Court: USDC Hawaii, Judge: Kobayashi, Filed On: April 22, 2024, Case #: 1:24cv59, NOS: Other Personal Injury - Torts - Personal Injury, Categories: Government, Experts
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Vice Chancellor Glasscock declines to dismiss contract claims stemming from a conversion agreement in which shares held by plaintiffs had been diluted because it was reasonably conceivable that plaintiffs had been promised equal shares would be maintained during the company's conversion into a Delaware entity. However, fraud claims should be dismissed for failure to plead the time and place that the representations had been made, and the fiduciary duty claim constitutes improper bootstrapping from the breach of contract claim.
Court: Delaware Chancery Court, Judge: Glasscock, Filed On: April 22, 2024, Case #: 2022-0665-SG, Categories: Fraud, Fiduciary Duty, Contract
[Consolidated.] J. Goeke finds for the commissioner of internal revenue in this tax deficiency dispute because the taxpayers failed to pay proper self-employment tax and failed to report all income.
Court: U.S. Tax Court, Judge: Goeke, Filed On: April 22, 2024, Case #: 2024-49, Categories: Tax
J. Whitney orders a car insurance company and a driver who was injured in a collision in 2018 to submit supplemental briefs detailing whether the court should exercise its jurisdiction to resolve a policy coverage dispute in North Carolina or wait until an underlying suit in South Carolina is resolved. The collision occurred in South Carolina. Although the insurance of the driver at fault paid out according to its limit of $100,000 on the injured driver’s claim, he alleges that the costs of treatment for his injuries exceed this amount. The insurance company claims the injured driver is not entitled to additional coverage under its uninsured motorist policy because he failed to comply with certain notice provisions under North Carolina state law and the uninsured motorist policy. Thus, both parties must submit supplemental briefs to proceed.
Court: USDC Western District of North Carolina, Judge: Whitney, Filed On: April 22, 2024, Case #: 3:23cv28, NOS: Insurance - Contract, Categories: Insurance, Vehicle, Contract
J. Biggs partially sustains a civil rights advocacy organization’s rejection of a magistrate judge’s memorandum opinion and recommendation in this ongoing voting rights suit. The judge incorrectly employed the moot doctrine because, although an amendment to a bill — which would prosecute anyone convicted of a crime if they vote — included a scienter requirement, the organization still has a concrete interest in the outcome of this litigation. The scienter requirement is still not specific enough about how someone convicted of a crime would restore the rights of their citizenship, so it is too vague and violates equal protection and due process rights. Thus, the organization still has a demonstrable interest, which the judge should have recognized, and the organization can proceed on a summary judgment motion.
Court: USDC Middle District of North Carolina, Judge: Biggs, Filed On: April 22, 2024, Case #: 1:20cv876, NOS: Voting - Civil Rights, Categories: Civil Rights, Constitution, Elections
J. Dever denies an electric company’s motion for judgment on the pleadings for breach of contract allegations it brought against its insurance firm after the company’s owner crashed his boat into another, killing three people. The owner, who was not engaged in business while driving his boat intoxicated, was not covered in this case because the insurance only applies to his business endeavors. For the same reason, the estates of the three people who died fail in their attempt to sue the firm for damages and funeral expenses.
Court: USDC Eastern District of North Carolina, Judge: Dever, Filed On: April 22, 2024, Case #: 7:22cv78, NOS: Insurance - Contract, Categories: Insurance, Contract
J. Hutchison reverses the Intermediate Court of Appeals' decision affirming the West Virginia Workers' Compensation Board of Review's finding that the deputy sheriff should be awarded 13% permanent partial disability for injuries to his back after lifting a bomb-detecting robot from the back of a truck. Based on evidence the deputy submitted showing he has a 25% whole person impairment with 12% apportioned impairment to a pre-existing condition, the ICA's judgment is contrary to the plain language of the statute that "requires both proof of a preexisting condition(s) and proof of 'a definitely ascertainable impairment resulting from' the preexisting condition for the disability to be apportioned.'" Reversed.
Court: West Virginia Supreme Court Of Appeals, Judge: Hutchison, Filed On: April 22, 2024, Case #: 23-43, Categories: Employment, Government, Workers' Compensation
J. Griggsby grants the coalition’s motion for summary judgment following allegations of Family and Medical Leave Act violations brought by a former team supervisor. The supervisor claims the coalition interfered with her FMLA rights by terminating her position when she requested the leave for her mental health. The coalition argues there are undisputed facts showing that the decision was planned to terminate her before she requested the leave for FMLA. She fails to show that her FMLA request was the reason, or that there is a casual link to the request and the termination. Therefore, her amended complaint is dismissed in its entirety.
Court: USDC Maryland, Judge: Griggsby, Filed On: April 22, 2024, Case #: 1:23cv1642, NOS: Family and Medical Leave Act - Labor, Categories: Employment Discrimination, Employment Retaliation
J. Hurson grants the U.S. Bureau of Labor Statistics and its employees’ motion to dismiss this employment dispute brought by a former economist alleging discrimination claims. She alleges that her probationary period should have been switched to permanent employment was the reason for discrimination and retaliation. The bureau argues the complaint should be dismissed for improper venue, her new claims are not exhausted and are untimely. It would be unjustified to transfer this late filed case to another district and it should not be drawn out in proceedings.
Court: USDC Maryland, Judge: Hurson, Filed On: April 22, 2024, Case #: 8:21cv3282, NOS: Employment - Civil Rights, Categories: Venue, Employment Discrimination, Employment Retaliation
J. Brennan denies the graphic designer's motion to amend her complaint, ruling she not only failed to comply with the court's deadline for such a motion, but also fails to show good cause why the deadline should be extended, other than the candy company's alleged failure to timely provide discovery responses, which she could have addressed sooner and with motions to compel.
Court: USDC Northern District of Ohio, Judge: Brennan, Filed On: April 22, 2024, Case #: 1:23cv2305, NOS: Copyrights - Property Rights, Categories: Civil Procedure, Copyright, Discovery
J. Williamowski finds the lower court properly granted the bar's motion for summary judgment because the depositions of numerous witnesses indicated the drunk driver was not at the business on the night he killed the decedent in an accident, which prevents the estate from proving any liability under Ohio's dram shop laws. Meanwhile, the lower court properly denied the estate's motion to compel forensic analysis of several cell phones because it failed to show there was any definitive proof on the cell phones, some of which had been accidentally destroyed in the two years since the accident. Affirmed.
Court: Ohio Court Of Appeals, Judge: Williamowski, Filed On: April 22, 2024, Case #: 2024-Ohio-1538, Categories: Negligence, Wrongful Death, Discovery
J. Lynch finds the lower court properly denied the wife's motion for a spousal support modification. The court used up-to-date income numbers, while evidence in the record indicated the current support amount allowed the wife and children to leave comfortably, with ample funds for personal expenses. Affirmed in part.
Court: Ohio Court Of Appeals, Judge: Lynch, Filed On: April 22, 2024, Case #: 2024-Ohio-1526, Categories: Evidence, Family Law
J. Pechman declines to dismiss the personal representative's federal claims that the sheriff's deputy shot and killed Joshua Sarrett on Sep. 19, 2020, while Sarrett was "unarmed, intoxicated and was only suspected of being a harm to himself." The personal representative adequately alleges that the deputy's decision to seize Sarrett was unreasonable because the deputy did not investigate any crime at the time and the deputy did not ask Sarrett if he was armed.
Court: USDC Western District of Washington, Judge: Pechman, Filed On: April 22, 2024, Case #: 2:23cv1316, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Wrongful Death, Police Misconduct
J. Smith finds the witnesses' close relationships to the victim and minor variations in their testimony does not render defendant's sexual imposition conviction against the weight of the evidence. The testimony established all elements of the offense, while the jury was in the best position to determine the witnesses' credibility. Meanwhile, because defendant's girlfriend was not present at the time of the assault, his attorney's failure to call the woman as a witness did not constitute ineffective assistance, as her testimony would not have included any relevant evidence. Affirmed.
Court: Ohio Court Of Appeals, Judge: Smith, Filed On: April 22, 2024, Case #: 2024-Ohio-1678, Categories: Evidence, Ineffective Assistance, Sex Offender