6 results for 'cat:"Immunity" AND cat:"Agency"'.
J. Hendon finds the trial court improperly denied summary judgment to the transportation infrastructure company in a dispute with the daughter of a construction worker who died after falling from a truck bed while working on a highway project for which the company was overseeing the general contractor. Since it was working as an agent of the Florida Department of Transportation on the highway project, the company is entitled to government agency immunity, in part because the record does not show the company violated the "willful and wanton" exception to the relevant Florida law by routinely allowing construction workers to ride in unsecured truck beds. The matter is remanded so the trial court can enter summary judgment in the company's favor. Reversed.
Court: Florida Courts Of Appeal, Judge: Hendon, Filed On: August 16, 2023, Case #: 22-0725, Categories: immunity, Negligence, agency
J. Joseph grants an Eleventh Amendment immunity request by the Louisiana Department of Environmental Quality, dismissing the state regulatory agency from a land contamination suit by neighboring property owners of a now-closed pipe valve manufacturing facility. Although the state agency remained an “active participant” in the litigation, the agency previously indicated that it did not intend to waive its Eleventh Amendment immunity by such participation.
Court: USDC Western District of Louisiana , Judge: Joseph, Filed On: August 9, 2023, Case #: 1:22cv263, NOS: Land Condemnation - Real Property, Categories: Environment, immunity, agency
Per curiam, the circuit finds that the district court properly declined to dismiss a lawsuit alleging that a section of the Texas Business & Commerce Code that prohibits credit reporting agencies from including medical debt collection is preempted by the Federal Fair Credit Reporting Act. The international trade association "has alleged an 'injury in fact' that is fairly traceable to the challenged conduct of the defendant and is likely to be redressed by a favorable judicial decision." The district court also properly determined that the Texas Attorney General does not have sovereign immunity and that the claim is ripe for review. Affirmed.
Court: 5th Circuit, Judge: Per curiam, Filed On: July 25, 2023, Case #: 21-51038, Categories: immunity, Consumer Law, agency
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J. Wolford dismisses claims contending restaurants were wrongfully denied grants under the restaurant revitalization fund during the Covid-19 pandemic because the restaurants were not ahead of others during the priority period, and funding ran out before the lawsuit commenced. Further, the lawsuit does not seek an injunction affecting any future action, and proposed amendments would be futile absent viable damages against the fund administrator.
Court: USDC Western District of New York, Judge: Wolford , Filed On: June 27, 2023, Case #: 6:22cv6337, NOS: Other Civil Rights - Civil Rights, Categories: immunity, agency