72 results for 'cat:"Civil Procedure" AND cat:"Damages"'.
J. Cox vacates the district court's granting a deputy's exception of prescription and dismissing a citizen's claim that he was beaten after arrest. In this case, the citizen claims that he was the victim of a “crime of violence” for second-degree battery and that the two-year prescriptive period applies. Under statute, there is no imposition that the deputy must be prosecuted in order for the prescriptive period to apply. Vacated.
Court: Louisiana Court Of Appeal, Judge: Cox, Filed On: May 22, 2024, Case #: 55,626-CA, Categories: civil Procedure, damages
J. Mendez-Miro grants a company $950,000 in damages and $57,000 in attorney fees and costs following entry of default judgment in breach of contract claims.
Court: USDC Puerto Rico, Judge: Mendez-Miro, Filed On: May 22, 2024, Case #: 3:23cv1118, NOS: Racketeer Influenced and Corrupt Organizations (RICO) - Other Suits, Categories: civil Procedure, damages, Contract
Per curiam, the Supreme Court of Ohio finds the inmate's mandamus claim was mooted when the Secretary of State provided the document he requested in a formal public records request. Additionally, the inmate is not entitled to statutory damages for the secretary's failure to provide a certified copy of the record because the Ohio Public Records Act does not include a requirement for such documents.
Court: Ohio Supreme Court, Judge: Per curiam, Filed On: May 21, 2024, Case #: 2024-Ohio-1909, Categories: civil Procedure, Public Record, damages
J. Day allows plaintiff to amend claims contending buying agents, employees, and consumers conspired to manipulate an online home auction marketplace to obtain properties at below fair market value because the auction owners plausibly proposed to clarify their damages theory, and evidence did not indicate they caused undue delay by adding contract claims.
Court: USDC New Jersey, Judge: Day , Filed On: May 20, 2024, Case #: 3:21cv3293, NOS: Racketeer Influenced and Corrupt Organizations (RICO) - Other Suits, Categories: civil Procedure, damages, Racketeering
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J. Zayas finds the trial court properly joined both spine surgery patients into a single jury trial. Although the patients dealt with the same type of spine condition generally, each patient had its own expert testify about specific conditions that led each to seek treatment from the surgeon, which allowed the jury to separate and analyze the evidence. Meanwhile, the lack of evidence to support prejudgment interest on damages precluded the trial court from granting the patients' request; therefore, the interest award will be vacated. Affirmed in part.
Court: Ohio Court Of Appeals, Judge: Zayas, Filed On: May 10, 2024, Case #: 2024-Ohio-1776, Categories: civil Procedure, damages, Medical Malpractice
J. Kagan finds that the circuit properly held that copyright infringement claims allow copyright owners to obtain monetary relief for damages in timely filed claims, and thus the three-year limit for filing the action did not limit damages to three years. Affirmed.
Court: US Supreme Court, Judge: Kagan, Filed On: May 9, 2024, Case #: 22-1078, Categories: civil Procedure, Copyright, damages
J. Africk grants summary judgment to an insurer on an apartment complex owner's breach of contract action related to hurricane damages. The litigant’s claim was premature when it was filed. He concedes he reported the claim to the insurer only nine days before filing the lawsuit, and almost two years after the hurricane. Additionally, despite the insurer’s efforts to contact the apartment complex owner’s counsel to schedule an inspection, the insurer received no response until after the lawsuit had been filed.
Court: USDC Eastern District of Louisiana , Judge: Africk, Filed On: May 6, 2024, Case #: 2:24cv369, NOS: Insurance - Contract, Categories: civil Procedure, Evidence, damages
J. Bourgeois denies an insurer's request to compel a property owner to provide more than a one-word denial that it filed separate damage claims two to six months after Hurricane Ida hit Louisiana in 2021. If true, the insurer’s allegations of tardiness would contradict the property owner’s breach of contract suit alleging the insurer failed to pay the amount due within 30 days after receipt of satisfactory proof of loss, as required by state law. The property owner denied both of the insurer’s requests for admissions, and the denials are “sufficient even if they are false.” However, if the insurer ultimately proves the denied matter is true, the property owner may be subject to sanctions.
Court: USDC Middle District of Louisiana, Judge: Bourgeois, Filed On: May 3, 2024, Case #: 3:23cv820, NOS: Insurance - Contract, Categories: civil Procedure, damages, Discovery
J. Bland finds that the court of appeals improperly ruled in favor of homeowners who sued a contracting firm alleging that their work on a pipeline caused damages to their property. A jury ruled in favor of the homeowners, but two of the jurors did not join in the verdict. The contracting firm argues that because the verdict was not unanimous, the homeowners are not entitled to collect the damages. It was the homeowners' burden to secure and show that the verdict was unanimous; because that failed to happen, they cannot recover the split verdict on exemplary damages. Reversed.
Court: Texas Supreme Court, Judge: Bland, Filed On: May 3, 2024, Case #: 22-0889, Categories: civil Procedure, Jury, damages
J. Doughty grants unopposed requests by an insurance claims adjuster and an inspection company, dismissing negligence claims filed by a manufacturer of welding products. The manufacturer fails to plausibly allege either business owed it a duty under Louisiana law related to the hiring of the two companies for damage assessments after hurricane-driven rainfall allegedly damaged 10 welding machines. The manufacturer also does not allege any fraud or intentional misrepresentation against either company and does not oppose their dismissal from the suit.
Court: USDC Western District of Louisiana , Judge: Doughty, Filed On: May 3, 2024, Case #: 1:23cv1103, NOS: Insurance - Contract, Categories: civil Procedure, Property, damages
J. Dick grants, in part, an insurer's motion for summary judgment, dismissing two Louisiana property owners’ counterclaims for fire damage. The insured couple are not able to produce sufficient evidence they resided at the house at the time of the blaze, as required by their insurance policy. The couple’s claims for fire-damaged contents remain.
Court: USDC Middle District of Louisiana, Judge: Dick, Filed On: April 29, 2024, Case #: 3:23cv584, NOS: Insurance - Contract, Categories: civil Procedure, Evidence, damages
J. Traver finds the trial court improperly denied the tenants’ motion to reconsider and entered a final judgment in favor of the landlord in this eviction lawsuit. The tenants argue the total amount of rent due was wrong and they were entitled to a hearing on their motion to reconsider. The judgment of eviction is vacated and remanded to determine the correct amount of rent due. Reversed.
Court: Florida Courts Of Appeal, Judge: Traver, Filed On: April 26, 2024, Case #: 6D23-2223, Categories: civil Procedure, Landlord Tenant, damages
J. Donohue finds that the superior court improperly backed the trial court’s order of summary judgment in favor of a pair of parents ordering Nationwide to defend them under their homeowners insurance policy against wrongful death of one of their son’s friends who died of a fatal drug
overdose at their home. The interpretation that Nationwide owed a duty to defend in the underlying lawsuit because emotional and mental distress damages in the wrongful death claims were not bodily injuries was erroneous as a matter of law. Reversed.
Court: Pennsylvania Supreme Court, Judge: Donohue, Filed On: April 25, 2024, Case #: J-39-2023, Categories: civil Procedure, Insurance, damages
J. Breedlove finds that the lower court properly entered a bond ruling, in which it "determined that the joint bond does not suspend enforcement of the judgment as to all judgment debtors" and ordered the debtors to designate which debtor the supersedeas bond applies to. Contrary to the judgment debtors' argument on appeal, the $25 million statutory cap "applies per judgment debtor, not per judgment." Affirmed.
Court: Texas Courts of Appeals, Judge: Breedlove, Filed On: April 10, 2024, Case #: 05-23-01168-CV, Categories: civil Procedure, damages
J. Milazzo denies requests by surplus line insurers to dismiss breach of contract claims and bad faith by a property owner alleging untimely and inadequate compensation for hurricane damage losses covered by the policy. Because the insurers fail to explain why dismissal of the suit, rather than a stay of proceedings, is warranted, the matter must be stayed pending resolution of arbitration proceedings.
Court: USDC Eastern District of Louisiana , Judge: Milazzo, Filed On: April 1, 2024, Case #: 2:22cv3780, NOS: Insurance - Contract, Categories: Arbitration, civil Procedure, damages
J. Hanks finds that an electric golf cart company using the name Trojan, which is registered trademark of a battery company, has infringed on the battery company’s trademark, so the court awards it over $9 million in infringer profits. The battery company has shown evidence that customers do confuse the two separate products.
Court: USDC Southern District of Texas, Judge: Hanks, Filed On: March 28, 2024, Case #: 4:21cv3075, NOS: Trademark - Property Rights, Categories: civil Procedure, Trademark, damages
[Consolidated.] J. Fitzgerald finds that the jury erred in its allocation of fault and the trial court improperly reduced damages awarded in an auto accident case stemming from an incident where a box truck rear-ended a police cruiser, seriously injuring a deputy sheriff. The nonparty background check company was erroneously added to the jury verdict form despite the defendant parties' pre-trial judicial confession as to liability for the crash. The issue in the verdict form led to an incorrect assessment of 200% liability, with the trial court then reducing the $5 million in damages by the 30% assessed to the background check company. Thus, the liability is amended to assign 75% to the truck driver and 25% to his employer, and the damages are restored to $5 million. Reversed in part.
Court: Louisiana Court Of Appeal, Judge: Fitzgerald, Filed On: March 6, 2024, Case #: CA-23-488, Categories: civil Procedure, damages, Negligence
J. Milazzo denies a request by the manufacturer of a chemotherapy drug to dismiss 47 cases in the mass product liability litigation in which the litigant has passed away, in some cases, years ago. It is the burden of the litigants’ counsel to notify the decedent’s representatives, not the drug-maker.
Court: USDC Eastern District of Louisiana , Judge: Milazzo, Filed On: February 23, 2024, Case #: 2:16md2740, NOS: Personal Injury - Health Care/Pharmaceutical Personal Injury/Product Liability - Torts - Personal Injury, Categories: civil Procedure, damages, Negligence
J. Vitter denies an insurer's request to dismiss a policyholder’s coverage claims on grounds he failed to add two additional named insureds to his suit. The insurer “appears to misunderstand” the rules of civil procedure it alleges its insured is violating. The failure to add a person deemed a required litigant to the suit does not mandate the dismissal of the entire action; rather, the proper remedy in such a scenario is for an order that the “absent-yet-required" person be made a litigant in the case.
Court: USDC Eastern District of Louisiana , Judge: Vitter, Filed On: February 1, 2024, Case #: 2:23cv6331, NOS: Insurance - Contract, Categories: civil Procedure, Insurance, damages
J. Keough finds the trial court properly granted the tenants' request for a stay in proceedings because the motion was not frivolous, but was made to allow another court to rule on the parties' related foreclosure case. Meanwhile, the landlord's request for $15,000 in damages against each tenant was properly denied by the trial court because the landlord presented no evidence to support that specific amount and failed to prove any physical damage to the property itself. Affirmed.
Court: Ohio Court Of Appeals, Judge: Keough, Filed On: February 1, 2024, Case #: 2024-Ohio-338, Categories: civil Procedure, Landlord Tenant, damages
J. Love finds that the trial court should not have denied a former building owner's motion for partial summary judgment on the new tenants' claims that they were exposed to toxic barrels stored in the building. In this case, the new tenants did not show that the former owner actively engaged in conduct showing a “wanton or reckless disregard for the public safety in the storage, handling, or transportation of hazardous or toxic substances” under the relevant statute. The former owner's ownership of the toxic barrels does not constitute "conduct" to entitle the tenants to punitive
damages. Reversed.
Court: Louisiana Court Of Appeal, Judge: Love, Filed On: January 30, 2024, Case #: 2023-C-0796, Categories: civil Procedure, damages, Contract
J. Fearing finds that the lower court improperly denied the recovery of emotional damages and a jury trial for damages for two people who lost a horse they had just bought during the boarding process. A jury trial is guaranteed for private actions such as this under the Consumer Protection Act, and a claimant is allowed to recover emotional distress damages for the loss of livestock under the Theft of Livestock Act. Reversed.
Court: Washington Court Of Appeals, Judge: Fearing, Filed On: January 23, 2024, Case #: 39450-6-III, Categories: civil Procedure, damages, Emotional Distress