625 results for 'nos:"Other Statutory Actions - Other Suits"'.
J. Bashant declines to dismiss claims brought by the Federal Trade Commission accusing the lead generation company of using a ringless voicemail service to pitch debt relief services to consumers in violation of the Telemarketing Sales Rule (TSR) and the Telemarketing and Consumer Fraud and Abuse Prevention Act. The TSR and Telemarketing Act "contemplated ringless voicemail in their definition of a 'telephone call'" and "the regulatory history of the TSR shows ringless voicemail was included in its scope," so the FTC "is not finding 'new-found powers in old statutes.'"
Court: USDC Southern District of California, Judge: Bashant, Filed On: March 6, 2024, Case #: 3:23cv313, NOS: Other Statutory Actions - Other Suits, Categories: Communications, Fraud
J. Roemer grants a preliminary injunction against telemarketers accused of collecting advance fees from consumers for debt relief services and requiring consumers to sign several waivers to important rights. The "face-to-face" exemption under telemarketing sales laws does not apply because the fees were paid in advance, and the presentations were given by notaries, not the seller. Meanwhile, evidence indicates in-person meetings were brief, did not follow scripts, and did not allow for substantive conversations about the underlying debt-relief program or its consequences.
Court: USDC Western District of New York, Judge: Roemer , Filed On: March 4, 2024, Case #: 1:24cv40, NOS: Other Statutory Actions - Other Suits, Categories: Consumer Law
J. DuBose finds the U.S. attorney general improperly denied a citizen’s federal firearms license application when he was trying to take over his father’s business. The father had his license revoked for transferring firearms to underage consumers and falsifying government documents. Therefore, ATF believed the citizen would still allow his father to be in connection to selling firearms, but speculation and assumptions are not evidence. The citizen’s application must be set aside as “not authorized” until this case is reheard for further proceedings.
Court: USDC Southern District of Alabama, Judge: DuBose, Filed On: March 1, 2024, Case #: 1:22cv251, NOS: Other Statutory Actions - Other Suits, Categories: Government, Business Practices, Firearms
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J. Dick grants remand on jurisdictional grounds to a construction company seeking to recover an arbitration award total of $711,000 from a bankrupt church. The church unsuccessfully argued the contractor’s attempt to garnish FEMA funds allotted to the church presents federal questions requiring federal jurisdiction. Simply because the contractor’s claim involves a federal grant, as the church alleges, does not in and of itself raise a federal question. In addition, there is no federal question raised in the contractor’s state court suit.
Court: USDC Middle District of Louisiana, Judge: Dick, Filed On: March 1, 2024, Case #: 3:23cv332, NOS: Other Statutory Actions - Other Suits, Categories: Arbitration, Enforcement Of Judgments, Jurisdiction
J. Gordon grants the Department of Veterans Affairs' motion for summary judgment as to the patient's medical malpractice claim. The patient alleges the VA's medical provider negligently performed non-emergency invasive sinus surgery without his informed consent. The VA's liability under the Federal Tort Claims Act is determined by state law. The surgery was performed in Alabama, and malpractice claims based on alleged surgical negligence are barred by Alabama’s four-year statute of repose. The VA’s motion did not address allegations its provider also negligently failed to diagnose the patient's post-procedure nerve damage and, therefore, that claim remains pending.
Court: USDC Nevada, Judge: Gordon , Filed On: March 1, 2024, Case #: 2:22cv1823, NOS: Other Statutory Actions - Other Suits, Categories: Health Care, Veterans, Medical Malpractice
J. Hicks grants a request by a hospital service district to strike the trial by jury demand of a father suing a district-owned hospital for allegedly failing to give his 13-year-old son a thorough medical examination, resulting in his death the day after discharge. Since adoption of the Seventh Amendment in 1791, federal courts have consistently held there is no right to a jury trial against a political subdivision. The hospital, which originally requested a jury trial, may have a judge-only trial instead.
Court: USDC Western District of Louisiana , Judge: Hicks, Filed On: March 1, 2024, Case #: 5:22-cv-00171, NOS: Other Statutory Actions - Other Suits, Categories: Constitution, Health Care, Jury
J. Hicks denies summary judgment to a hospital on its argument a father offers no evidence to prove its emergency room failed to give his 13-year-old son an appropriate medical screening. After the hospital discharged the boy after a diagnosis of a genital yeast infection, the child died the next day from diabetic ketoacidosis. Several key contested facts relate to the father’s medical screening complaint, including whether his son’s exam was tailored to his chief complaint at the emergency room: consecutive days of vomiting. The factual determination will be for the trier of fact at trial, not summary judgment.
Court: USDC Western District of Louisiana , Judge: Hicks, Filed On: February 29, 2024, Case #: 5:22cv171, NOS: Other Statutory Actions - Other Suits, Categories: Evidence, Health Care
J. Pechman declines to dismiss the non-Washington class members from the consumers' class action accusing the health insurance provider of violating the Telephone Consumer Protection Act by using an artificial pre-recorded voice to call cell phones without prior consent. The healthcare insurance provider argues that this court does not have personal jurisdiction over the non-Washington class members' claims, but the Supreme Court already decided that a court can exercise jurisdiction over absent class action plaintiffs because mass actions generally do not and cannot meet all the requirements under Federal Rule of Civil Procedure 23.
Court: USDC Western District of Washington, Judge: Pechman, Filed On: February 29, 2024, Case #: 2:19cv175, NOS: Other Statutory Actions - Other Suits, Categories: Communications, Jurisdiction, Class Action
J. Seeger grants a nursing home operator’s motion to dismiss whistleblowing claims brought by an Illinois pharmacy owner, who said the nursing home operator provided patients with medication without prescriptions so it could cash in on Medicare payments. The court finds the government and pharmacy owner have not sufficiently alleged their claim under the False Claim Act, and concludes that their claim under the Controlled Substances Act is not actionable.
Court: USDC Northern District of Illinois, Judge: Seeger, Filed On: February 28, 2024, Case #: 1:20cv1169, NOS: Other Statutory Actions - Other Suits, Categories: Medicare, Elder Abuse, False Claims
J. Hendrix sides with the state on its challenge to the Pregnant Workers Fairness Act, which was included in the Consolidated Appropriations Act of 2023, ruling the House’s allowance of its members to vote by proxy to pass the Act, rather than require their presence for a vote, violated the constitution.
Court: USDC Northern District of Texas , Judge: Hendrix, Filed On: February 27, 2024, Case #: 5:23cv34, NOS: Other Statutory Actions - Other Suits, Categories: Constitution, Government
J. Ruiz grants $34,814.91 in attorney fees and costs to the father in his suit against the mother seeking the return of their child to Spain. The requested fees and costs are reasonable, and the mother has failed to respond to the father's motions for them.
Court: USDC Southern District of Florida, Judge: Ruiz, Filed On: February 26, 2024, Case #: 1:23cv22341, NOS: Other Statutory Actions - Other Suits, Categories: Family Law, International Law, Attorney Fees
J. Boyle grants an Army officer’s motion to dismiss allegations of harassment brought by a soldier support worker after the worker refused to give the officer a requested file. The worker filed an EEOC complaint after the officer supposedly threatened her position for refusing to give the officer a requested file. The worker was subsequently fired. However, as the officer is a federal employee, she correctly claims sovereign immunity, so the claim lacks subject-matter jurisdiction.
Court: USDC Eastern District of North Carolina, Judge: Boyle, Filed On: February 26, 2024, Case #: 5:23cv430, NOS: Other Statutory Actions - Other Suits, Categories: Employment, Immigration, Jurisdiction
J. Vilardo declines to stay claims contending debt collectors used threats and misrepresentations to coerce payments from consumers. The U.S. Supreme Court is expected to rule on the agency's funding structure this summer, but the agency has an interest in enforcing consumer protection laws, and performing discovery prior to the court ruling would not be unduly burdensome.
Court: USDC Western District of New York, Judge: Vilardo , Filed On: February 26, 2024, Case #: 1:22cv29, NOS: Other Statutory Actions - Other Suits, Categories: Civil Procedure, Debt Collection, Discovery
[Consolidated.] J. Bell grants the IRS’s motion to dismiss tort allegations brought by one of its employees and her husband, who claim another agent harassed the employee at work. The government correctly invokes sovereign immunity; further, the employee already filed a state case against the agent that was dismissed with prejudice, so this claim fails.
Court: USDC Western District of North Carolina, Judge: Bell, Filed On: February 23, 2024, Case #: 5:23cv149, NOS: Other Statutory Actions - Other Suits, Categories: Government, Tort, Immunity
J. Xinis grants a homeowner’s motion for summary judgment and denies a merger mortgage company’s cross motion for summary judgment in this RESPA case regarding money owed on a mortgage. The homeowner alleges he has suffered from emotional distress stemming from a form sent to credit reporting agencies, and a reasonable juror could find that he did in fact suffer the emotional distress. The court agrees with the lender, that the borrower may not seek statutory damages.
Court: USDC Maryland, Judge: Xinis, Filed On: February 22, 2024, Case #: 8:19cv2797, NOS: Other Statutory Actions - Other Suits, Categories: Property, Emotional Distress, Banking / Lending
J. Joseph grants summary judgment to Treasury Secretary Janet Yellen and the U.S. Small Business Administration, finding the federal agency correctly determined an oil field service company was ineligible for a pandemic-program business loan it received in the amount of $2.5 million. The SBA correctly determined the business qualified for a maximum loan forgiveness amount of $687,000, and its decision was not arbitrary and capricious. The company’s interpretation of the law would require an erroneous finding the federal loan program would allow “double dipping,” or permitting small businesses and their contractors to count the same amounts twice to obtain multiple loans.
Court: USDC Western District of Louisiana , Judge: Joseph, Filed On: February 22, 2024, Case #: 6:22cv6229, NOS: Other Statutory Actions - Other Suits, Categories: Government, Business Expectancy, Covid-19