140 results for 'filedAt:"2023-10-18"'.
J. Doughty denies requests by a woman suing Walmart for a trip-and-fall to exclude as highly prejudicial and irrelevant, evidence of prior or subsequent accidents like the incident at the chain store. The ruling agrees with Walmart’s argument that such evidence is “wholly relevant” in determining damages. The woman and her husband were involved in a car accident nearly one year after the slip and fall incident. That suit is currently pending in state court. Both suits are for personal injury claims for several related injuries, such as cognitive issues, depression and pain in the limbs.
Court: USDC Western District of Louisiana , Judge: Doughty, Filed On: October 18, 2023, Case #: 3:22cv50, NOS: Other Personal Injury - Torts - Personal Injury, Categories: Civil Procedure, Evidence, Health Care
J. Pagan finds the trial court properly denied defendant’s request to enter a diversion program as part of a conditional guilty plea. “Defendant’s prior diversion was successful and did not result in an uncounseled conviction.” Affirmed.
Court: Oregon Court of Appeals, Judge: Pagan, Filed On: October 18, 2023, Case #: A176773, Categories: Sentencing, Dui
J. Pitman denies a motion to stay a case pending an interlocutory appeal brought by several members of a “Trump Train” who were sued by Biden-Harris 2020 campaign members over a high-profile incident in which Trump supporters surrounded and boxed in a Biden-Harris campaign bus on a Texas highway during the 2020 election season. While a Fifth Circuit opinion provided the Trump supporters with a new avenue to seek an interlocutory appeal, they have failed to show how such an appeal would “materially advance the termination of the litigation” — one necessary prong for certification — and this court therefore denies the request for a stay.
Court: USDC Western District of Texas , Judge: Pitman, Filed On: October 18, 2023, Case #: 1:21cv565, NOS: Other Civil Rights - Civil Rights, Categories: Civil Procedure, Civil Rights, Elections
J. Ray partially grants the longshoreman's motion to exclude testimony from the ship owners' expert in a fraud and negligence action arising after he allegedly contracted Covid-19 on the ship. The expert's opinion that the longshoreman could have contracted Covid-19 from other sources, including from his girlfriend who was working as a waitress, is excluded. The ship owners failed to show how the expert relied on his experience as an epidemiologist and infectious disease doctor to identify other possible sources of the longshoreman's Covid-19 infection and why the expert's experience is a sufficient basis for his conclusion. Although the expert's report is deficient for failing to include references to information from the Center for Disease Control's website and data on Covid-19's incubation time, the deficiencies are harmless.
Court: USDC Southern District of Georgia, Judge: Ray, Filed On: October 18, 2023, Case #: 4:20cv236, NOS: Marine - Contract, Categories: Fraud, Experts, Covid-19
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J. Lambert finds partially in favor of the adoptive parents in their lawsuit appealing the trial court's denial of their motion to restrict the birth parents' and the grandparents' access to court records in three dependency cases involving three children. Considering how the parental rights are spread across the individuals in these cases and other circumstances, the trial court's order is in part upheld in terms of granting the birth parents access to records in cases involving two children for whom their parental rights were terminated and the grandparents access to records for one of the children. The adoptive parents' petition for certiorari review is denied in part, the trial court's order is quashed in part and the case is remanded for further review.
Court: Florida Courts Of Appeal, Judge: Lambert, Filed On: October 18, 2023, Case #: 23-0279, Categories: Family Law
[Consolidated.] J. DeWine finds the Ohio Power Siting Board properly approved the solar power company's applications to construct two solar farms in Preble County. The farms comply with all applicable regulations, while the concerned citizens group was also provided with all environmental impact data, including noise and visual impact studies. Additionally, survey teams conducted studies of wildlife and vegetation that could be affected by the solar farms, and while the citizens group questions the methodology used by the teams, the board's regulations do not require any specific inspections. Affirmed.
Court: Ohio Supreme Court, Judge: DeWine, Filed On: October 18, 2023, Case #: 2023-Ohio-3778, Categories: Energy, Environment, Licensing
J. Lobree finds in favor of the county in a lawsuit from a property owner claiming it is entitled to $262,412 in surplus funds resulting from the tax deed sale of a condo for which the property owner has been assigned the rights. Because the property owner has failed to bring a viable facial case for any of its six claims, the trial court's order granting the county's motion for involuntary dismissal is upheld. Affirmed.
Court: Florida Courts Of Appeal, Judge: Lobree, Filed On: October 18, 2023, Case #: 20-0114, Categories: Property, Contract
J. Lindsey finds the trial court correctly overruled defendant's objection to allowing defendant's minor stepdaughter he was alleged to have sexually abused to testify via closed-circuit TV in a case in which defendant was ultimately found guilty and convicted of molestation and sexual battery. The trial court's case-specific findings in support of allowing the stepdaughter to testify via CCTV, including those balancing defendant's constitutional rights, the public interest and protection of the child, were upheld by substantial evidence, so there was no error in its order. Affirmed.
Court: Florida Courts Of Appeal, Judge: Lindsey, Filed On: October 18, 2023, Case #: 22-0760, Categories: Constitution, Sex Offender, Witnesses
J. Rice dismisses the female student's complaint that the university did not timely investigate a sexual assault complaint against a male student, which allowed him to sexually assault the female student multiple times and then rape her in her dorm room after she ended their relationship. While it was unacceptable for the university to take 10 months to investigate the prior sexual assault claim against the male student, there is not sufficient evidence that the university displayed deliberate indifference or that the university ignored the male student's conduct.
Court: USDC Eastern District of Washington, Judge: Rice, Filed On: October 18, 2023, Case #: 2:22cv69, NOS: Education - Civil Rights, Categories: Civil Rights, Education, Evidence
J. Thompson grants the supervisory assistant state attorney’s motion for summary judgment in this case brought by a businessman for wrongful commercial eviction claims. The entrepreneur says he was wrongfully evicted by the New Haven Police Department from his boxing gym, failing to demonstrate there was a private right to the action.
Court: USDC Connecticut, Judge: Thompson, Filed On: October 18, 2023, Case #: 3:21cv527, NOS: Other Civil Rights - Civil Rights, Categories: Property
J. Fallon denies summary judgment to both Dollar General and a shopper suing the chain store on a premises liability claim. The woman fell on her knees at the entrance of the store after getting her shoe caught on a large, ripped mat. The circumstances of the case make the question of premises liability “factually fraught.” There are only two witnesses, the alleged victim and a store employee, which indicates that credibility determinations will play a role in evaluating both fault and comparative fault. A reasonable jury could foreseeably find for either or both litigants comparatively. Therefore, both requests for summary judgment are denied.
Court: USDC Eastern District of Louisiana , Judge: Fallon, Filed On: October 18, 2023, Case #: 2:23cv822, NOS: Other Personal Injury - Torts - Personal Injury, Categories: Evidence, Jury, Premises Liability
J. McKeown finds that the district court properly dismissed challenged statements regarding the risk of security breaches and the risk of the public not perceiving Facebook’s products to be “useful, reliable, and trustworthy” in a class action third amended complaint concerning the purchase of Facebook common stock in 2017 and 2018. The class alleges a violation of the Securities Exchange Act concerning an incident in March of 2018 when news broke that Cambridge Analytica improperly harvested personal data from millions of unwitting Facebook users and retained copies of the data beyond Facebook’s control. Facebook also allowed "whitelisted third-party apps" to access users’ Facebook friend data without the users’ friends’ consent. The public later learned that Facebook had known of Cambridge Analytica’s misconduct for over two years and failed to inform affected users. Cambridge Analytica and whitelisting revelations, and not any other factor, caused a July 2018 stock drop. The panel reversed the lower court’s dismissal of claims as to Facebook’s statements regarding data control that predated the whitelisting revelation. Affirmed in part.
Court: 9th Circuit, Judge: McKeown, Filed On: October 18, 2023, Case #: 22-15077, Categories: Securities, Privacy, Class Action
J. Shorr finds the trial court erroneously denied defendant’s motion for acquittal because the state failed to provide sufficient evidence to prove that defendant took a “substantial step” towards the commission of the crime of escape. “The evidence…is simply insufficient to strongly corroborate that, beyond a reasonable doubt, defendant was attempting to escape custody.” Reversed.
Court: Oregon Court of Appeals, Judge: Shorr, Filed On: October 18, 2023, Case #: A176652, Categories: Evidence, Escape
J. Chuang grants a bank’s motion to dismiss and compel arbitration on a former worker’s race discrimination, age discrimination, retaliation and contract claims arising when she was terminated. There is no dispute that the former employee’s claims are arbitrable.
Court: USDC Maryland, Judge: Chuang, Filed On: October 18, 2023, Case #: 8:23cv643, NOS: Employment - Civil Rights, Categories: Arbitration, Employment Discrimination, Employment Retaliation