276 results for 'filedAt:"2024-03-27"'.
J. Coughenour denies the former insurance agency leader's motion to dismiss the fraudulent inducement claim in the insurance brokerage firm's complaint alleging that the former leader manipulated non-party Rice Insurance Agency's financial records to make it appear more profitable than it was, incentivizing the insurance brokerage firm to invest more than it should have. The insurance brokerage firm plausibly suggests that the former leader did not intend to honor his promises, as one pre-sale email has the former leader instruct an employee to delay recording commission checks so he could present an "earn out" of over 10 times until after the sale closed.
Court: USDC Western District of Washington, Judge: Coughenour, Filed On: March 27, 2024, Case #: 2:23cv1468, NOS: Other Contract - Contract, Categories: Fraud, Contract
J. Cruser finds that the lower court improperly issued an order granting attorney fees in a defamation case. The group moving for the fees did not adhere to a 10-day timeline in which attorney fees are requested, and as a result, their motion was untimely and should have been denied. Reversed.
Court: Washington Court Of Appeals, Judge: Cruser, Filed On: March 27, 2024, Case #: 58155-8-II, Categories: Defamation, Attorney Fees
J. Holmes finds that the lower court improperly in part granted summary judgment to Netflix after a photographer claimed that the company used several of his videos in its Tiger King documentary series without his permission. While the photographer has waived his right to appeal most of the videos, there is one video he has a potential claim to make upon. Netflix claims their use of the single video fell under its fair use rights, but in doing so, did not provide any evidence that showed the "absence of a market impact" related to its use of the video. Further proceedings on that sole video copyright claim are needed as a result. Reversed in part.
Court: 10th Circuit, Judge: Holmes , Filed On: March 27, 2024, Case #: 22-6086, Categories: Trademark
J. Austin grants the developers' motion to transfer to the Southern District of Florida. The investor says it funded the developer $17.5 million in exchange for an equity investment in underlying real estate investments and the developer breached its fiduciary duty. The developer has filed an appearance in another, similar case in Florida involving the investor, and has moved to quash a subpoena issued to it. The investor's primary corporate and registered offices are in the Southern District of Florida and the Florida defendants, who handled administrative services for the investor, are associated with the original funding to the developer.
Court: USDC South Carolina Aiken, Judge: Austin , Filed On: March 27, 2024, Case #: 6:22cv4501, NOS: Other Contract - Contract, Categories: Real Estate, Jurisdiction, Contract
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J. Kelly finds that the trial court improperly ordered a hosting facility to restore electricity to a premises used by a bitcoin mining operation. The trial court's injunction fails to satisfy the requirement under the rules of Civil Procedure 683 that temporary injunctions describe in "specific" and "reasonable detail" the acts being restrained. Reversed.
Court: Texas Courts of Appeals, Judge: Kelly, Filed On: March 27, 2024, Case #: 03-23-00853-CV, Categories: Civil Procedure, Corporations, Injunction
J. Cain denies summary judgment to a Louisiana company on its argument it did not breach its lease for storing sacks of the industrial coloring agent, titanium dioxide. The company argues warehouse owners cannot prove damages because the fine, white, nonhazardous powder existed on the walls and ceilings when its 2017 and 2012 leases began. Warehouse owners say it cost them $80,690 to vacuum and dispose of the industrial dust. Given the nature of the damage involved, “it would be impossible to distinguish which grains settled prior to 2012 or 2017,” and which grains settled afterwards.
Court: USDC Western District of Louisiana , Judge: Cain, Filed On: March 27, 2024, Case #: 2:22cv2386, NOS: Other Contract - Contract, Categories: Evidence, Property, Business Practices
J. Kamins finds the Department of Human Services Office of Training, Investigation and Safety properly determined that a foster parent abused a foster child through involuntary seclusion by locking her in a play structure. “The play structure functioned as a room, because it was inside petitioner’s home and set off by a partition from the living room space.” Affirmed.
Court: Oregon Court of Appeals, Judge: Powers, Filed On: March 27, 2024, Case #: A180063, Categories: Family Law
J. Davis finds the lower court properly terminated the parental rights of a father to his two minor children on grounds of abandonment by failure to establish a suitable home, persistence of conditions, failure to establish parentage to one of the children, substantial noncompliance with the permanency plan, failure to manifest an ability and willingness to assume custody, and that it is in the children’s best interests. The children were removed from their parents’ custody after the Department of Childrens’ Services found the children were exposed to violence and drugs in the home. The father did not have contact with the children for an extended period of time, failed to contact the children's case worker when he was released from jail, and did not complete any of the requirements in the established permanency plan.
Court: Tennessee Court of Appeals, Judge: Davis, Filed On: March 27, 2024, Case #: M2023-00354-COA-R3-PT, Categories: Family Law
J. Campbell denies the metropolitan government's motion for summary judgment in this lawsuit brought by an employee in the fire department who asserts claims of sex discrimination and retaliation under Title VII, as well as age discrimination and retaliation under the Age Discrimination in Employment Act, after she was allegedly not promoted to the fire marshal position. The government fails to establish its statute of limitations defense. The employee also provides ample evidence of her qualifications for the job, including that she worked in the fire marshal's office for over 30 years, oversaw the day-to-day operations and was instructed to train the new fire marshal.
Court: USDC Middle District of Tennessee , Judge: Campbell, Filed On: March 27, 2024, Case #: 3:22cv680, NOS: Employment - Civil Rights, Categories: Employment Discrimination, Employment Retaliation
J. Wilson finds that the trial court properly sustained the exception of no right of action in the estate's breach of contract claim involving the lack of insurance provided to a doctor who was sued for medical malpractice by the decedent's husband, who won a $2.8 million judgment but has yet to collect on it. The husband has no right of action since he was not a third-party beneficiary to the contract between the doctor and physicians group. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Wilson, Filed On: March 27, 2024, Case #: CA-23-527, Categories: Medical Malpractice, Contract
J. Montenegro grants Trader Joe's motion to dismiss some claims in a class action alleging that Trader Joe's dark chocolate products contain lead, cadmium and arsenic, which are not printed on the label. Although the consumers "may not be able to pinpoint a specific level at which these products would become an unreasonable safety hazard or unfit for human consumption, they have to at least provide some connection between the general harms possible from these heavy metals and the levels of heavy metals in these products."
Court: USDC Southern District of California, Judge: Montenegro, Filed On: March 27, 2024, Case #: 3:23cv61, NOS: Other Fraud - Torts - Personal Property, Categories: Fraud, Consumer Law, Class Action
J. Mazzant denies in part the motions of the school district's superintendent and former transportation director to dismiss the parents' second amended complaint alleging their two children were sexually abused by a bus driver who was later arrested and died following his attempted suicide in jail. The parents alleged sufficient facts to defeat the school officials' qualified immunity as to the Section 1983 bodily integrity claims, and their request for punitive damages stands based on the officials' alleged failure to intervene despite the "onboard bus surveillance videos and anomalous GPS data" indicating the abuse.
Court: USDC Eastern District of Texas , Judge: Mazzant, Filed On: March 27, 2024, Case #: 4:22cv814, NOS: Other Civil Rights - Civil Rights, Categories: Civil Procedure, Civil Rights, Tort
J. Mazzant denies the motion for class certification in a case brought by individuals claiming they were unlawfully stopped, arrested or detained by a county employee who did not have an active peace officer license. The individuals have not shown the proposed class meets the numerosity requirement for certification, but they may refile the motion after additional discovery.
Court: USDC Eastern District of Texas , Judge: Mazzant, Filed On: March 27, 2024, Case #: 4:22cv250, NOS: Other Civil Rights - Civil Rights, Categories: Constitution, Discovery, Class Action
J. Bennett finds the lower court properly dismissed a husband’s petition to modify a division of assets in this matter of divorce. The lower court ordered the wife to receive $1646 per month from the husband’s military retirement. Four years after the final order was entered, which stipulated there would be no modification, the husband petitioned to have the amount modified. The husband argues that according to the Defense Finance Accounting Service, the wife is entitled to 27 percent of his monthly military retirement, which would be $507, and the remainder of the ordered amount should be considered alimony and subject to modification. But the lower court did not order the payment as alimony, rather, the funds were a division of assets and therefore not subject to modification. The instant court finds no error in the lower court’s dismissal. Affirmed.
Court: Tennessee Court of Appeals, Judge: Bennett, Filed On: March 27, 2024, Case #: M2023-00589-COA-R3-CV, Categories: Family Law