234 results for 'filedAt:"2023-09-27"'.
J. Calabrese denies, in part, the paint supplier's motion to dismiss, ruling its executive's statement about tweaks made to a UV-resistant cabinet paint is sufficient to form the basis of a fraudulent inducement claim because the executive made certain performance guarantees about the product, which was purchased by the cabinet company less than a month after the parties' meeting.
Court: USDC Northern District of Ohio, Judge: Calabrese, Filed On: September 27, 2023, Case #: 1:22cv737, NOS: Other Fraud - Torts - Personal Property, Categories: Fraud, Warranty
J. Cronan dismisses a family's civil rights suit against the city, alleging the city violated the father's rights in a child abuse investigation against the father stemming from the garbled statements of his severely autistic, mainly non-verbal daughter. The family cannot prove that the child's school made false allegations about potential abuse at home. Rather, the school officials reasonably responded to the child uncharacteristic selection of the words "butt, sleep, man, pillow, finger" on her iPad.
Court: USDC Southern District of New York, Judge: Cronan, Filed On: September 27, 2023, Case #: 1:20cv8937, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Education
J. Haines awards Kids 2 more than $19,000 in sanctions based on testimony that plaintiffs' attorney "made countless improper objections, including repeatedly coaching his witnesses and testifying himself, and instructed his witnesses not to answer on more than two dozen instances" during the deposition phase of a wrongful death action.
Court: USDC Western District of Pennsylvania, Judge: Haines, Filed On: September 27, 2023, Case #: 3:21cv166, NOS: Personal Injury - Product Liability - Torts - Personal Injury, Categories: Sanctions, Wrongful Death, Attorney Fees
Want access to unlimited case records and advanced research tools? Create your free CasePortal account now. No credit card required to register.
Try CasePortal for Free
J. Rothstein quiets the title on the business owners' residence as part of their complaint alleging that the physical therapy clinic's promissory note, which it got through a loan purchase agreement, is unenforceable because the applicable statute of limitations expired. There is nothing to indicate that there was an expected delay of payment when the physical therapy clinic bought the promissory note and the business owners signed the borrower approval form on Aug. 17, 2015, which activated the six-year statute of limitations that expired on Aug. 17, 2021, over seven months before the physical therapy clinic filed its counterclaim demanding payment on the promissory note.
Court: USDC Western District of Washington, Judge: Rothstein, Filed On: September 27, 2023, Case #: 3:22cv5108, NOS: All Other Real Property - Real Property, Categories: Property, Banking / Lending
J. Bell denies an electrical contractor’s motion for judgment as a matter of law or, alternatively, a motion for a new trial in a breach of contract suit against a building technologies corporation. The suit was already presented as a jury trial and legitimately favored the corporation, so there is no need for a new trial. Also, the corporation’s motion for fees and costs is denied as it did not specify “attorney’s” fees in this motion, although it knew how to and could have done so.
Court: USDC Western District of North Carolina, Judge: Bell, Filed On: September 27, 2023, Case #: 3:21cv506, NOS: Other Contract - Contract, Categories: Attorney Fees, Contract
J. Fitzgerald grants final approval of an $8 million settlement that will bring an end to the employees' class action alleging that Costco did not compensate them for all working time. Class members will be paid on a pro-rata basis based on the number of days they performed work for Costco during the class period. Class counsel asks for attorney fees of $2.8 million, representing 35% of the settlement, but instead receives $2 million because an upward deviation from the 25% benchmark is not warranted here.
Court: USDC Central District of California, Judge: Fitzgerald, Filed On: September 27, 2023, Case #: 5:21cv716, NOS: Other Labor Litigation - Labor, Categories: Settlements, Class Action, Labor
J. Harvey grants a Dutch company's application for the issuance of a subpoena against a D.C.-based company in connection with an allegedly sabotaged project to upgrade Puerto Rico's water systems. The relevant factors weigh in favor of the subpoena, including that the D.C.-based company is not supposed to be a defendant in the case and the Dutch courts where the case will be held accept evidence derived from such applications.
Court: USDC District of Columbia, Judge: Harvey, Filed On: September 27, 2023, Case #: 1:23mc43, NOS: Other Statutory Actions - Other Suits, Categories: Civil Procedure, Discovery
J. Hall grants the prison officials' renewed motion to dismiss a civil rights and wrongful death action brought by the widow after her incarcerated husband was fatally stabbed by his cellmate. The widow failed to sufficiently allege that the officials knew the husband faced a risk of serious harm due to the cellmate's history of violent attacks and getting caught with contraband. There are no allegations that the supervisory officials directly participated in the alleged deliberate indifference to the husband. The supervisory officials are entitled to qualified immunity.
Court: USDC Southern District of Georgia, Judge: Hall, Filed On: September 27, 2023, Case #: 6:22cv80, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Wrongful Death
J. Buller finds that a trooper's petition seeking a writ of mandamus against the department of public safety was properly dismissed after he sought temporary incapacitation benefits for Covid-19 because the trooper failed to prove his diagnosis resulted from work-related exposure or injury. Affirmed.
Court: Iowa Court Of Appeals, Judge: Buller, Filed On: September 27, 2023, Case #: 22-0798, Categories: Employment, Covid-19
J. Horton finds that the trial court improperly convicted defendant for felony DWI, third offense, and sentenced him to 99 years in prison. A prior DWI used as a sentencing enhancement was dismissed after defendant completed probation and did not result in a final conviction. The judgment is reformed according to this evidence. Reversed.
Court: Texas Courts of Appeals, Judge: Horton , Filed On: September 27, 2023, Case #: 09-22-00136-CR, Categories: Sentencing, Dui
J. Thompson finds that defendant was properly convicted of indecent behavior with a juvenile and sentenced to life imprisonment as a fourth felony habitual offender. Defendant had previously been convicted of the same crime as well as obscenity charges involving child victims. The evidence establishes that defendant was known in the community as a threat to children due to his behavior. Further, the state introduced evidence of defendant's habitual offender status, including testimony by a detective and a photograph of defendant from his probation and parole records for his 2015 obscenity charges. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Thompson, Filed On: September 27, 2023, Case #: 55,260-KA, Categories: Evidence, Sex Offender
J. Stephens finds that defendant was properly convicted of second degree battery. The victim identified defendant in a photo lineup six days
after the shooting and again at trial as the person who shot him. The victim stated he was “one hundred percent” sure that defendant shot him and testified to the verbal exchange between himself and defendant, and that, although the parking lot was dark, he was able to see defendant as the driver of the vehicle. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Stephens, Filed On: September 27, 2023, Case #: 55,275-KA, Categories: Evidence, Sentencing, Battery
J. Doyle finds that defendant was properly convicted of first-degree murder and other charges after he shot and killed a nephew he had accused of stealing because evidence clearly established malice aforethought in the case. Affirmed.
Court: Iowa Court Of Appeals, Judge: Doyle, Filed On: September 27, 2023, Case #: 21-1426, Categories: Intent, Murder
J. Emas finds the trial court properly entered a final judgment in favor of the landlord in a lawsuit over the commercial tenant's defaulting on rent payments for its gym, which occurred after the Covid-19 pandemic prompted the closure gyms and similar establishments. The assignment of the lease from the original tenant to a new tenant does not absolve the guarantor's from its obligations under the lease, and there is insufficient evidence to show the landlord acted in bad faith in failing to lower the rent and ignoring a square footage assessment of the property in attempting to re-lease it, so the tenant's arguments against the landlord's breach of guaranty and breach of lease agreement claims fail. Affirmed.
Court: Florida Courts Of Appeal, Judge: Emas, Filed On: September 27, 2023, Case #: 22-1317, Categories: Landlord Tenant, Contract
J. Sharer concurs with the trial court’s finding in favor of the neighbor of a dog owner after the dog bit the neighbor, and the dog owner will not be granted a new trial. This is because the dog was “at large” or loose outside on property that the dog owner and neighbor shared, and because the neighbor did not provoke the dog in any way. The dog owner is liable for the dog’s behavior when it is not leashed, and the neighbor was awarded over $130,000 for medical treatment and other damages. Although the owner believes the award is shocking and unreasonable, the court disagrees and there is no need for a new trial. Affirmed.
Court: The Appellate Court of Maryland, Judge: Sharer, Filed On: September 27, 2023, Case #: 24-C-21-000655, Categories: Evidence, Tort, Negligence
J. Robinson finds that defendant was properly convicted of aggravated burglary. Although defendant claimed that he did not brandish the knife or mention the knife to the victim, defendant had the knife on his person when the victim awoke to find him in his bedroom in the middle of the night. Under statute, a burglar only needs to have a dangerous weapon in his possession in order to be considered "armed." Affirmed.
Court: Louisiana Court Of Appeal, Judge: Robinson, Filed On: September 27, 2023, Case #: 55,311-KA, Categories: Burglary, Evidence
J. Hunter finds that the trial court properly found for the insurer in a car collision action related to the insured's underinsured motorist claim. Under statute, the insured is prohibited from stacking the policies to increase the underinsured motorist coverage available to her. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Hunter, Filed On: September 27, 2023, Case #: 55,267-CA, Categories: Insurance, Contract
J. Dimke denies judgement as a matter of law to the prison healthcare services company against the sole-surviving child's complaint alleging that the former did not give her mother adequate medical care while she was in Spokane County's jail for drug possession, resulting in her death. The prison healthcare services company claims that the nurse, not the company, is ultimately responsible for denying the decedent healthcare, but the nurse believed that the decedent required monitoring for medical issues and thus sent the decedent to medical watch as part of the prison healthcare services company's unofficial custom.
Court: USDC Eastern District of Washington, Judge: Dimke, Filed On: September 27, 2023, Case #: 2:20cv410, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Wrongful Death
J. Harrison finds that the county court properly terminated the mother's parental rights to her four children due to concerns of the mother's homelessness and meth use. The mother was high and paranoid when DHS workers spoke to her, and she admitted to being an addict and having been in rehab multiple times. All evidence supports the best interest finding as well as the denial of the mother's request for more time to make progress on her treatment. Affirmed.
Court: Arkansas Court Of Appeals, Judge: Harrison , Filed On: September 27, 2023, Case #: CV-23-88, Categories: Family Law
J. Grimberg rules in favor of the government in an action brought by individuals under the Federal Tort Claims Act after their vehicle was rear-ended by a driver they allege to be an FBI agent. The driver is a MARTA employee who is part of an FBI task force. MARTA was responsible for the driver's pay, overtime, leave and other personnel matters. The driver was not a borrowed servant of the FBI at the time of the collision because he was on his way home from a counterterrorism training session hosted by MARTA for MARTA employees.
Court: USDC Northern District of Georgia, Judge: Grimberg, Filed On: September 27, 2023, Case #: 1:21cv184, NOS: Motor Vehicle - Torts - Personal Injury, Categories: Negligence
J. Fischer finds the appeals court improperly ruled in favor of a drilling business in an indemnification action. The energy company was not required to provide notice of its intent to seek indemnification from the business to recoup a $50,000 fine assessed by the state of Ohio for the drilling company's pollution of natural resources because the parties' contract expressly abrogated standard notice requirements. Reversed.
Court: Ohio Supreme Court, Judge: Fischer, Filed On: September 27, 2023, Case #: 2023-Ohio-3398, Categories: Energy, Indemnification, Contract
J. Barrett denies, in part, the county's motion to dismiss, ruling the statute of limitations on the wrongfully convicted individual's malicious prosecution claim did not begin to run until his conviction was overturned in 2020 and, therefore, that claim is not time-barred. Meanwhile, the wrongfully convicted individual's claim that autopsy and crime scene photographs proved he was not the driver of vehicle on the night of the fatal crash is sufficient to support his claim of a Brady violation.
Court: USDC Southern District of Ohio, Judge: Barrett, Filed On: September 27, 2023, Case #: 1:22cv315, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Evidence, Malicious Prosecution
J. Sands partially grants the sheriff's deputies' motion for summary judgment with respect to the administratrix's civil rights claims in an action arising from the decedent's death after being repeatedly stunned with a Taser. The deputies' use of force against the decedent was not excessive because the decedent charged at one deputy, hit that deputy in the face and caused another deputy's knee to become injured in the struggle. However, the motion is denied with respect to the administratrix's claims alleging violations of the Fourteenth Amendment and the Georgia Constitution. The decedent was unconscious when he was put in the back of a patrol car and a reasonable jury could find that the decedent had a serious medical need which was ignored by the deputies.
Court: USDC Middle District of Georgia, Judge: Sands, Filed On: September 27, 2023, Case #: 7:21cv40, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights
J. Alpert agrees with the trial court’s decisions to use a police officer’s statements as evidence and to use coconspirator hearsay and text messages as evidence against a man convicted of felony murder, robbery and other charges. The officer told the court that when the man used the word “lick” in communication with coconspirators, the word referred to committing a robbery. The officer was not treated as an expert, but his experience in law enforcement, particularly his nine years in a robbery unit, was treated as reliable testimony in this case. Further, hearsay in this case was admissible because the information was directly relevant having come from coconspirators in the crimes. Finally, texts messages between the man and third parties are also admissible because they establish his preparation, motivation and intent to commit the crimes. Affirmed.
Court: The Appellate Court of Maryland, Judge: Alpert, Filed On: September 27, 2023, Case #: C-08-CR-20-000179, Categories: Evidence, Murder, Robbery