753 results for 'nos:"Other Personal Injury - Torts - Personal Injury"'.
J. Chang partially grants a genetic screening company’s motion to dismiss fraud and negligence claims brought by a couple who used its services before having a child. The couple used the company’s prenatal genetic screening test to check if their child would have Down syndrome, and though the test returned a negative result, their child with born with Down syndrome anyway. The court dismisses the couple’s negligence claim against the company but allows their fraud claims to move forward.
Court: USDC Northern District of Illinois, Judge: Chang, Filed On: March 25, 2024, Case #: 1:21cv3085, NOS: Other Personal Injury - Torts - Personal Injury, Categories: Fraud, Health Care, Negligence
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J. Dick denies a request to dismiss for lack of jurisdiction a chemical plant worker’s complaint the negligence of a tank valve manufacturer resulted in the spraying of extremely hot liquor, causing him severe burns and the loss of sight in both eyes. Although the manufacturer is not incorporated in Louisiana, the disabled worker has alleged sufficient facts to show the valve-maker availed itself of the privileges of conducting business in the state.
Court: USDC Middle District of Louisiana, Judge: Dick, Filed On: March 22, 2024, Case #: 3:23cv505, NOS: Other Personal Injury - Torts - Personal Injury, Categories: Commerce, Tort, Product Liability
J. Royal partially rules in favor of the government in a negligence action brought under the Federal Tort Claims Act by the driver arising from injuries she suffered in a car collision with a U.S. Postal Service mail truck. The driver conceded that the Act prohibits her from recovering more than the $72,000 in damages she presented in the pre-suit administrative claim. However, genuine issues of fact exist as to whether the collision caused additional injuries to the driver's knee and shoulder separate from her preexisting injuries.
Court: USDC Middle District of Georgia, Judge: Royal, Filed On: March 21, 2024, Case #: 5:21cv237, NOS: Other Personal Injury - Torts - Personal Injury, Categories: Negligence
J. Kobayashi partially denies dismissal on part of a claim against the government by military families regarding the military’s handling of the Red Hill fuel leak and subsequent water crisis. The government must face part of a negligence claim that accuses the government of not following protocols for flushing the fuel contamination from the families’ homes, as the government did not establish how following the protocols may have implicated other policy concerns. On the other hand, because the government did show how its failure to remediate constituted a discretionary decision under an exception under the Federal Torts Claims Act, that tort claim is dismissed with prejudice.
Court: USDC Hawaii, Judge: Kobayashi, Filed On: March 21, 2024, Case #: 1:22cv397, NOS: Other Personal Injury - Torts - Personal Injury, Categories: Government, Tort, Negligence
J. Rose dismisses a case in which a Canadian bakery alleges that an Ohio woman conducted a cyberbullying campaign in which she defamed the establishment to her 16,000 TikTok follows, claiming that her ex-husband who was delinquent on his child support married one of the owners of the bakery. The bakery says her posts generated numerous negative comments and bad reviews. The court lacks diversity jurisdiction.
Court: USDC Southern District of Ohio, Judge: Rose, Filed On: March 21, 2024, Case #: 3:23cv135, NOS: Other Personal Injury - Torts - Personal Injury, Categories: Damages, Defamation, Jurisdiction
J. Hendrix denies, in part, a detention center operator's motion to dismiss a son's claims arising from the death of his father, a detainee. He has sufficiently pleaded certain wrongful death and survival claims.
Court: USDC Northern District of Texas , Judge: Hendrix, Filed On: March 20, 2024, Case #: 6:22cv70, NOS: Other Personal Injury - Torts - Personal Injury, Categories: Negligence, Wrongful Death
J. England grants, in part, Walmart’s motion for summary judgment in this slip-and-fall case brought by a customer claiming of negligence and wantonness. The customer argues that Walmart the broken tile should have been discovered by employees as it was part of the premises creating a hazard. Her testimony and evidence support the defect, the piece of tile was present and the reason for her fall. Therefore, the wantonness claim is dismissed and the remaining claim for negligence is denied. The parties are ordered to confer and file a joint status report regarding the next steps.
Court: USDC Northern District of Alabama , Judge: England, Filed On: March 20, 2024, Case #: 2:22cv643, NOS: Other Personal Injury - Torts - Personal Injury, Categories: Evidence, Negligence, Premises Liability
J. Brodie rules on a series of expert and evidence-related motions in a negligence case against American Airlines, who was sued by a passenger alleging she was sexually assaulted by a drunk passenger during a flight from Phoenix to New York. Notably, the court allows evidence related to the litigant’s history of sexual abuse and assault to be presented at trial, but only for the purposes of identifying sources of prior trauma or apportionment of damages.
Court: USDC Eastern District of New York, Judge: Brodie, Filed On: March 20, 2024, Case #: 1:18cv6110, NOS: Other Personal Injury - Torts - Personal Injury, Categories: Evidence, Experts, Assault
J. Currault grants a discovery request by an intervening law firm seeking to recover a lien amount from a male former client named G.K. who won a judgment against another man on allegations of false representation of his HIV status to induce unprotected sex resulting in the former client’s infection. The intervening firm says its seeking information about another lawyer or lawyers it says represented G.K., resulting from the firm’s withdrawal in the H.I.V. case. G.K.’s unsubstantiated objections are improper, and he must produce the requested documents, if they exist.
Court: USDC Eastern District of Louisiana , Judge: Currault, Filed On: March 20, 2024, Case #: 2:21cv2242, NOS: Other Personal Injury - Torts - Personal Injury, Categories: Discovery, Attorney Fees
J. Ritter denies the injured employee's motion to compel depositions, ruling the deposition notices are not only untimely or unduly burdensome, but the employer's pending motion to dismiss must also be adjudicated before any further discovery.
Court: USDC New Mexico, Judge: Ritter, Filed On: March 19, 2024, Case #: 2:23cv165, NOS: Other Personal Injury - Torts - Personal Injury, Categories: Civil Procedure, Negligence, Discovery
J. Anello finds that the healthcare system improperly removed a privacy class action under the federal officer removal statute. The private healthcare system's "mere compliance with federal law, rules and regulations is insufficient to invoke federal officer removal." Its participation in a federal program that incentivizes and directs healthcare providers to promote access to medical records online is voluntary and the healthcare system does not argue that it acted as the government's agent when it embedded a tracking tool on its website.
Court: USDC Southern District of California, Judge: Anello, Filed On: March 19, 2024, Case #: 3:22cv2040, NOS: Other Personal Injury - Torts - Personal Injury, Categories: Privacy, Jurisdiction
J. Coulson grants, in part, Tractor Supply’s motion for summary judgment in this personal injury suit brought by a married couple. The husband who was employed by a third-party logistics company as a freight handler was injured when a third-party staffing company employee ran into him with a pallet jack. The couple claims vicarious negligence, negligent entrustment, negligent hiring, retention, and supervision and loss of consortium. Tractor Supply argues they did not employ either of the third-party employees, but a reasonable jury could find that the staffing company employee was in fact employed by being on the premises. The couples’ negligence claims are dismissed for lack of a genuine dispute. The parties shall confer and inform the court if they will or will not participate in a settlement conference regarding Tractor Supply’s third-party complaint against the staffing company employee for discovery.
Court: USDC Maryland, Judge: Coulson, Filed On: March 15, 2024, Case #: 1:23cv1078, NOS: Other Personal Injury - Torts - Personal Injury, Categories: Tort, Negligence, Discovery
J. Hall grants the law firm's renewed motion to dismiss the individual's RICO, conversion, breach of fiduciary duty and breach of contract action alleging that the firm stole nearly all of his incentive award from an underlying lawsuit. The court lacks personal jurisdiction over the firm, which is in California. The firm agreed to represent the individual in the then-pending California case while the individual was still living in California. The parties' interactions afterward with the state of Georgia resulted only from the individual's move to Georgia.
Court: USDC Southern District of Georgia, Judge: Hall, Filed On: March 15, 2024, Case #: 4:23cv178, NOS: Other Personal Injury - Torts - Personal Injury, Categories: Fiduciary Duty, Conversion, Jurisdiction