626 results for 'nos:"Other Statutory Actions - Other Suits"'.
J. Gilliam dismisses privacy claims against Western Union Financial Services and a handful of other financial service companies over allegations that the companies have turned over private financial records to the Department of Homeland Security without permission. Those bringing the suit have not shown they are "customers" of any of the companies, and as a result, largely lack standing to continue their claims or request relief. Only a single unfair competition claim is allowed to continue.
Court: USDC Northern District of California, Judge: Gilliam, Filed On: March 21, 2024, Case #: 4:22cv7996, NOS: Other Statutory Actions - Other Suits, Categories: Unfair Competition, Privacy, Class Action
J. Friedman approves a $125 million settlement of class claims against the government for PACER fees it unlawfully used to fund non-PACER services. The settlement, which reimburses small-scale users for all fees and substantially reimburses large-scale users, is fair, reasonable and adequate.
Court: USDC District of Columbia, Judge: Friedman, Filed On: March 20, 2024, Case #: 1:16cv745, NOS: Other Statutory Actions - Other Suits, Categories: Settlements, Tort, Class Action
J. Jones grants the ex-wife's motion for attorney fees and costs in the amount of $84,000. The extra-marital lover filed this suit against her lover and his ex-wife, alleging they were involved in sex trafficking. The suit was found to be frivolous and an abuse of judicial process because the facts provide no basis to find the ex-wife did anything wrong. All factors were correctly considered, and the accuser's arguments are without merit.
Court: USDC Nevada, Judge: Jones , Filed On: March 20, 2024, Case #: 3:21cv458, NOS: Other Statutory Actions - Other Suits, Categories: Evidence, Attorney Fees
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J. Hicks denies, in part, summary judgment to BellSouth on certain trespass claims by a homeowner related to the telecommunications company’s acknowledgement its underground innerduct for protecting fiber optic cable encroaches on her property. The determination of damages based on physical property damage, inconvenience and mental suffering, as well as mitigation of damages, are better suited to trial.
Court: USDC Western District of Louisiana , Judge: Hicks, Filed On: March 19, 2024, Case #: 5:23cv153, NOS: Other Statutory Actions - Other Suits, Categories: Communications, Evidence, Property
J. Brennan grants, in part, the Ohio paint removal company's motion for summary judgment, ruling the competitor's RICO claims must be dismissed. It knew or should have had strong suspicions regarding the Ohio company's fraudulent bidding practices before or during the criminal bribery trial of its owner, which took place more than four years before this complaint was filed; therefore, the complaint was filed outside the statute of limitations.
Court: USDC Northern District of Ohio, Judge: Brennan, Filed On: March 18, 2024, Case #: 5:21cv731, NOS: Other Statutory Actions - Other Suits, Categories: Civil Procedure, Fraud, Racketeering
J. McFarland grants the Air Force's motion to dismiss, ruling that because the servicemembers did not seek retrospective relief in their complaint regarding the Covid-19 vaccine mandate, the two members who missed drill weekends and retirement points cannot recoup them through legal action and the case is moot as a result of the court's previous vacatur of the injunction.
Court: USDC Southern District of Ohio, Judge: McFarland, Filed On: March 18, 2024, Case #: 1:22cv84, NOS: Other Statutory Actions - Other Suits, Categories: Covid-19, Class Action, First Amendment
J. Poplin partially grants the business defendants' motion to compel discovery in this lawsuit brought by timeshare developers asserting claims under the Lanham Act and the Tennessee Consumer Protection Act, based on the defendants' alleged efforts to disrupt their valid timeshare contracts. The timeshare plaintiffs are required to respond to certain requests, including requests for documents related to "bad debt" and "exit fees" stemming from timeshare cancellations.
Court: USDC Eastern District of Tennessee , Judge: Poplin, Filed On: March 18, 2024, Case #: 3:20cv251, NOS: Other Statutory Actions - Other Suits, Categories: Consumer Law, Interference With Contract, Discovery
J. Chhabria allows some narrow negligence and product liability claims to proceed against Apple in a complaint alleging that its AirTag products do not have enough safeguards against stalkers. A handful of stalking victims have properly alleged at this early stage that when they were being stalked by people using AirTags, problems with the AirTags' safety features led to their injuries. Apple's argument that California law does not require the company to be more proactive in protecting users from stalkers can be made at a later stage.
Court: USDC Northern District of California, Judge: Chhabria, Filed On: March 15, 2024, Case #: 3:22cv7668, NOS: Other Statutory Actions - Other Suits, Categories: Privacy, Product Liability
J. Carr denies the newspapers' motion to dismiss, ruling their disclosure of subscribers' personal information to Meta whenever they interacted with a video on the newspapers' websites constitutes a concrete injury and gives the subscribers standing to pursue claims under the Video Privacy Protection Act. Meanwhile, the subscribers are considered consumers under the Act because the purpose of their accounts and submission of personal data is to access the newspapers' main business, the distribution of news, including the videos, which are not ancillary services.
Court: USDC Northern District of Ohio, Judge: Carr, Filed On: March 13, 2024, Case #: 3:23cv302, NOS: Other Statutory Actions - Other Suits, Categories: Consumer Law, Privacy, Class Action
J. Fashing grants Wells Fargo's motion to compel arbitration, ruling the arbitration clause in the child support recipients' contract for a debit card is enforceable and requires their claims regarding unauthorized withdrawals to be settled via arbitration. However, the administrator of the support payment debit cards is not entitled to compel arbitration because the agreement on specifies the bank and excludes any other parties; therefore, the claims against the administrator will proceed.
Court: USDC New Mexico, Judge: Fashing, Filed On: March 12, 2024, Case #: 1:23cv202, NOS: Other Statutory Actions - Other Suits, Categories: Arbitration, Consumer Law, Class Action
J. Connolly declines to dismiss claims alleging violations of the Controlled Substances Act after Walmart was charged with filling illegitimate prescriptions for opioids not known to be illegitimate by the pharmacists but known to be so by compliance team members. However, Walmart should be granted dismissal of two other counts based on the contention that its failure to comply with reporting requirements was not unlawful or subject to civil penalties during the relevant period.
Court: USDC Delaware, Judge: Connolly, Filed On: March 11, 2024, Case #: 1:20cv1744, NOS: Other Statutory Actions - Other Suits, Categories: Administrative Law, Agency
J. Upadhyaya grants the FDIC’s motion to strike certain expert reports in its case against Bank of America for allegedly improperly reducing its FDIC insurance premiums by $1.12 billion between 2012 and 2014. Certain opinions are impermissible, as one is a legal opinion, while another invades the province of the jury.
Court: USDC District of Columbia, Judge: Upadhyaya, Filed On: March 8, 2024, Case #: 1:17cv36, NOS: Other Statutory Actions - Other Suits, Categories: Insurance, Experts, Banking / Lending
J. Day allows county residents to intervene in claims stemming from the denial of a cable company's application to install wireless facilities because the residents' interest in this complaint is different from the county's interest since they are concerned about environmental issues.
Court: USDC New Jersey, Judge: Day, Filed On: March 7, 2024, Case #: 3:23cv18091, NOS: Other Statutory Actions - Other Suits, Categories: Zoning
J. Watson grants, in part, the seller's motion to dismiss, ruling the contract claim related to the return of the buyer's earnest money must be dismissed because the escrow agent is the party responsible for the return of the down payment, not the seller.
Court: USDC Southern District of Ohio, Judge: Watson, Filed On: March 7, 2024, Case #: 2:23cv3083, NOS: Other Statutory Actions - Other Suits, Categories: Real Estate, Contract