3,391 results for 'cat:"Civil Procedure"'.
J. Easterbrook finds that the lower court improperly found for the university on a male student's sex discrimination claims stemming from its investigation of sexual assault claims against him. The student never explained what remedy he seeks, and this suit is not a live claim unless compensatory damages are available for him. Further, it remains a question whether the student is entitled to proceed anonymously in this case, as the lower court must conduct a hearing on whether the revelation of the student's name will also identify his alleged victim. Vacated.
Court: 7th Circuit, Judge: Easterbrook, Filed On: May 3, 2024, Case #: 22-2925, Categories: civil Procedure, Civil Rights, Education
J. Breedlove finds that the lower court properly granted summary judgment to the insurance company in this coverage dispute arising from storm damage to an insured home. The owner contends on appeal that the lower court erred in "denying her motion to compel mediation." However, the appellant failed to obtain a ruling on her motion, meaning she has not preserved the issue for review. Affirmed.
Court: Texas Courts of Appeals, Judge: Breedlove, Filed On: May 2, 2024, Case #: 05-23-00106-CV, Categories: civil Procedure, Insurance
J. McCalla grants the plaintiff company leave to serve a third-party subpoena in order to "ascertain defendant's identity" in this copyright infringement lawsuit alleging that the anonymous defendant illegally distributed 34 of plaintiff's adult motion pictures. The company cannot determine the defendant's identity "beyond his IP address." The motion is granted but with certain protective conditions.
Court: USDC Western District of Tennessee , Judge: McCalla, Filed On: May 2, 2024, Case #: 2:24cv2068, NOS: Copyrights - Property Rights, Categories: civil Procedure, Copyright
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J. Benavides finds that the lower court improperly dismissed the appellant's claim against a certain correctional officer "for allegedly violating his constitutional right to access the courts." The court concludes that the appellant was "entitled to proceed with his suit" against the officer at the time of dismissal. Reversed in part.
Court: Texas Courts of Appeals, Judge: Benavides, Filed On: May 2, 2024, Case #: 13-23-00346-CV, Categories: civil Procedure, Constitution
J. Flanagan denies one faction of a high school’s alumni association’s motion for an extension of time in an already-lengthy trademark infringement case it brought against a second faction. The first faction has repeatedly gone against court procedures by entering multiple amendments to their complaints without permission and refusing to hire new counsel after their first attorney withdrew. Also, the second faction’s motion to dismiss is granted.
Court: USDC Eastern District of North Carolina, Judge: Flanagan, Filed On: May 1, 2024, Case #: 5:23cv321, NOS: Trademark - Property Rights, Categories: civil Procedure, Trademark
Per curiam, the appellate division finds that the lower court properly permitted a victim of child sexual abuse to refile his claim with a request for punitive damages. The Child Victims Act creates a two-year revival window for previously time-barred abuse claims, such as the victim's being abused by multiple teachers at his school. Claim revival statutes like this do not violate due process so long as they are enacted as a reasonable response. Affirmed.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: May 1, 2024, Case #: 02339, Categories: civil Procedure, Education
Per curiam, the appellate division finds that the lower court improperly dismissed a contract and negligent hiring suit filed by the family of a student against a teacher who bullied him on a school trip. A claim should be read liberally at this early stage in the proceedings, and the various theories were not necessarily duplicative of one another. For example, the cause alleging unjust enrichment was based on the parents' having paid fees for the school trip, which can be dismissed without affecting the negligent hiring charge. Reversed in part.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: May 1, 2024, Case #: 02341, Categories: civil Procedure, Education, Contract
J. Barrett finds the circuit court improperly found the romantic partner would be unjustly enriched. The homeowner added her partner's name to the deed of the house under the assumption the parties would be married. After the sale of the house, the partner claimed he was allowed to keep half of the net proceeds from the sale as a joint tenant. The owner made a gift to her partner when she placed his name on the deed. Though the owner regrets the decision, this is not a valid basis for setting aside a deed. Reversed.
Court: Arkansas Court Of Appeals, Judge: Barrett , Filed On: May 1, 2024, Case #: CV-23-27, Categories: civil Procedure, Property, Contract
J. Procaccini promulgates amendments to the Minnesota General Rules of Practice for the District Courts and Minnesota Rules of Civil Appellate Procedure as two-year pilot project. The amendments allow for continuances for the purpose of allowing personal leave for attorneys under certain covered circumstances, including the birth or adoption of a child, health conditions, the death of a family member or the need to care for a spouse, household member or family member.
Court: Minnesota Supreme Court, Judge: Procaccini, Filed On: May 1, 2024, Case #: ADM09-8009, Categories: Administrative Law, civil Procedure
J. Fallon grants a request by officials of a parish council, dismissing the claims of a resident alleging they violated his due process rights by improperly denying him a permit to sell Valentine’s Day gifts. The entrepreneur’s councilman withdrew an enabling resolution, after admonishing the resident for his treatment of council staff. He accused parish elected officials of abuse of power. The Valentine’s Day salesman’s suit is dismissed as previously litigated in state courts.
Court: USDC Eastern District of Louisiana , Judge: Fallon, Filed On: May 1, 2024, Case #: 2:23cv2035, NOS: Other Civil Rights - Civil Rights, Categories: civil Procedure, Constitution, Government
J. McFadden finds that the trial court improperly entered default judgment against the company in an action brought by the individual to collect fees. The individual did not file the proof of service within five days of the service date listed on the sheriff's entry of service. Since the timeline for the company to answer did not begin until after the proof of service was filed, the trial court's entry of default judgment occurred while the company still had time to answer the complaint. The company's answer was therefore timely filed. Reversed.
Court: Georgia Court of Appeals, Judge: McFadden, Filed On: May 1, 2024, Case #: A24A0139, Categories: civil Procedure
J. Kennedy finds that although Ohio law establishes a five-year time limit on the continuing jurisdiction of the Industrial Commission over a workers' compensation claim, that limit does not extend past administrative proceedings to trial or appeals courts involved in an employee's claim; therefore, the common pleas court erroneously dismissed the worker's claim as expired. Reversed.
Court: Ohio Supreme Court, Judge: Kennedy, Filed On: May 1, 2024, Case #: 2024-Ohio-1625, Categories: civil Procedure, Jurisdiction, Workers' Compensation
Per curiam, the appellate division finds that the lower court properly declined to vacate a default on a real property contract and promissory note. Because the buyers failed to provide any reasonable excuse for their default or a good reason to be permitted to grant a late answer, their action fails. There is also no evidence to support the claim that the summons and complaint were too hidden in the packet of documents delivered to the buyers to be read in a timely manner. Affirmed.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: May 1, 2024, Case #: 02338, Categories: civil Procedure, Contract
Per curiam, the appellate division finds that the lower court improperly set aside a jury verdict finding that a physician who treated the decedent had committed medical malpractice. Failing to send the decedent to the emergency room was a clear departure from the standard of care. The jury had ample evidence to find this, given that the decedent would not have committed suicide that day had he been admitted to the hospital. Reversed.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: May 1, 2024, Case #: 02340, Categories: civil Procedure, Education
Per curiam, the appellate division finds that the lower court properly declined to dismiss the borrower's counterclaim in a foreclosure suit. Such suits must be filed within six years of the lender accelerating the mortgage, even if the mortgage is payable in installments. The counterclaim plainly showed that the debt was accelerated in 2008, more than six years prior to filing. Affirmed.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: May 1, 2024, Case #: 02342, Categories: civil Procedure, Property, Banking / Lending
J. Panella finds that the lower court properly granted a summary judgment motion filed by an equipment rental and turf farming company against a landscaper. The landscaper failed to properly support its appeal argument that the trial court improperly precluded it from raising defenses of laches and estoppel. Affirmed.
Court: Pennsylvania Superior Court, Judge: Panella, Filed On: May 1, 2024, Case #: J-A06022-24, Categories: civil Procedure, Property
J. Borden denies, in part, a sellers’ motion for judgment on the breach of contract pleadings in this real estate purchase dispute against the buyers who counterclaims for breach of contract, misrepresentation and suppression. Both parties agree they entered a valid agreement to sell and purchase the property. The sellers argue the buyers failing to close by the date agreed was a breach the contract. The buyers argue the sellers refusing to terminate the agreement and return their money was breach of contract, misrepresentation and suppression. As for the breach of contract claims, there are questions of fact concerning whether the buyers contacted the sellers to discuss termination. The buyers’ misrepresentation and suppression counterclaims fail as a matter of law; constructive knowledge precludes their claims.
Court: USDC Northern District of Alabama , Judge: Borden, Filed On: May 1, 2024, Case #: 6:23cv888, NOS: All Other Real Property - Real Property, Categories: civil Procedure, Property, Contract
J. Singh grants a motion to file a third amended complaint in claims alleging police harassed plaintiff, a Black man who lives in Pennsylvania, whenever he drove into New Jersey, and claims contending police interrogated his mother, because details about additional police officers came to light during discovery, and the pleading would not be barred by any statute of limitations.
Court: USDC New Jersey, Judge: Singh, Filed On: May 1, 2024, Case #: 3:19cv21164, NOS: Other Civil Rights - Civil Rights, Categories: civil Procedure, Civil Rights, Discovery
J. Alley declines to issue a petition for writ of mandamus vacating discovery-related orders in a divorce case. The relator ex-husband, who is a lawyer, argued discovery requests from his lawyer ex-wife could improperly require him to produce “attorney-client and work-product documents,” but the lower court has not yet ruled on privilege issues and, therefore there is “no clear abuse of discretion.”
Court: Texas Courts of Appeals, Judge: Alley, Filed On: April 30, 2024, Case #: 08-24-00026-CV, Categories: civil Procedure, Family Law, Discovery