102 results for 'cat:"Negligence" AND cat:"Jurisdiction"'.
[Consolidated.] J. Christopher finds that the trial court should have granted the special appearance of the pharmaceutical holding company that was sued by two Texas counties for its role in the opioid crisis. The counties did not show the holding company is the alter ego of the drug maker over which the trial court has personal jurisdiction. Reversed in part.
Court: Texas Courts of Appeals, Judge: Christopher, Filed On: April 30, 2024, Case #: 14-23-00202-CV, Categories: negligence, jurisdiction
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J. Boyle denies a mall property owner’s and security firm’s motions to transfer the venue of this case to the Middle District of North Carolina; the suit involves negligence claims brought by a patron who was shot in the crossfire during a robbery. The owner and firm, both foreign entities, claim that the patron fraudulently added the North Carolinian armed robbers to this action, but they have failed to demonstrate this. This case is remanded to Durham County Superior Court for lack of subject matter jurisdiction.
Court: USDC Eastern District of North Carolina, Judge: Boyle, Filed On: April 8, 2024, Case #: 4:23cv210, NOS: Other Personal Injury - Torts - Personal Injury, Categories: Tort, negligence, jurisdiction
J. Zimmerer finds that the trial court should have dismissed the auto passenger's suit against the city over a crash with a police officer. The city's governmental immunity was not waived since the emergency exception applied to the actions of the officer, who was responding to an armed robbery when the accident occurred. Reversed.
Court: Texas Courts of Appeals, Judge: Zimmerer, Filed On: April 4, 2024, Case #: 14-23-00344-CV, Categories: Immunity, negligence, jurisdiction
J. Eagles grants a hotel’s motion to dismiss personal injury claims brought by a guest after she slipped on water and broke her hip. The guest had reported to staff that water was collecting under the air conditioning unit in her room, but they failed to fix the unit. At night, the guest got up and slipped on the water, breaking her hip. As the injury happened on St. Maarten, and the parties agreed to litigate in St. Maarten, this court lacks jurisdiction over the action.
Court: USDC Middle District of North Carolina, Judge: Eagles, Filed On: March 29, 2024, Case #: 1:23cv1048, NOS: Other Personal Injury - Torts - Personal Injury, Categories: negligence, jurisdiction, Premises Liability
J. Pena finds that the lower court properly denied the city's plea to the jurisdiction, in which it sought to dismiss this premises liability lawsuit arising from an alleged bicycle accident on a city bike trail. The city's evidence established "the applicability of the recreational use statute," but it failed to address "the nature of the defect or whether it had knowledge of it." Affirmed.
Court: Texas Courts of Appeals, Judge: Pena, Filed On: March 28, 2024, Case #: 13-22-00401-CV, Categories: negligence, jurisdiction
J. Brown refuses to remand an individual's action against an insurer in connection with his negligence case. The district court has diversity jurisdiction, and the amount in controversy exceeds $75,000.
Court: USDC Northern District of Texas , Judge: Brown, Filed On: March 22, 2024, Case #: 3:23cv1455, NOS: Motor Vehicle - Torts - Personal Injury, Categories: Insurance, negligence, jurisdiction
J. Pearson denies, in part, the chemical and rail companies' motion to dismiss, ruling that when they leased railcars and used them to transport chemicals, they knew the cars would pass through Ohio, which is sufficient to establish jurisdiction in this court for claims filed by the New Palestine residents harmed by the train derailment.
Court: USDC Northern District of Ohio, Judge: Pearson, Filed On: March 13, 2024, Case #: 4:23cv242, NOS: Other Personal Injury - Torts - Personal Injury, Categories: Environment, negligence, jurisdiction
J. Partida-Kipness finds that the lower court improperly denied the city's plea to the jurisdiction as to the pedestrian's negligence claim, stemming from an injury allegedly caused by an "open water meter hole on a sidewalk." Accordingly, that claim is dismissed for want of jurisdiction. However, the city's plea was properly denied as to the pedestrian's premises liability claim. Reversed in part.
Court: Texas Courts of Appeals, Judge: Partida-Kipness, Filed On: March 7, 2024, Case #: 05-23-00035-CV, Categories: negligence, jurisdiction
[Consolidated.] J. Sumners finds that the trial court improperly subjected an out-of-state non-profit national youth organization to state court jurisdiction in underlying sexual abuse complaints because the organization did not avail itself of state benefits. That is not changed by the fact that specific youth groups had contact with the organization and paid membership dues. Reversed.
Court: New Jersey Appellate Division, Judge: Sumners , Filed On: February 28, 2024, Case #: A-3720-22, Categories: negligence, jurisdiction
J. Roumel finds the instant court lacks jurisdiction in this matter of alleged negligence and damages associated with a claim of enslavement of Moorish Americans. The action names the President and the estate of former President Lincoln as defendants, and the instant court may only consider claims against the United States, not government officials in their individual capacity. The action also relies on international declarations and resolutions as a foundation for allegations of human rights violations and other matters, and the instant court lacks jurisdiction in matters of international law. The court also lacks jurisdiction concerning all other claims brought forth by the claimant. Dismissed.
Court: Court of Federal Claims, Judge: Roumel, Filed On: February 23, 2024, Case #: 23cv1044, Categories: Damages, negligence, jurisdiction
J. Locke rules on a series of motions filed in a product liability lawsuit for injuries stemming from the use of a retractable dog leash product sold on Amazon and at Petco retail stores. A woman alleges her middle and ring fingers were amputated after the cord on a Flexi New Classic leash wrapped around her hand while she was walking her golden retriever. The court preserves her claims for negligence, design defect and failure to warn, and also finds it has personal jurisdiction over the claims against the product’s distributor. The court further grants limited discovery to allow the litigant to establish jurisdiction over the product’s manufacturer, which is based in Germany.
Court: USDC Eastern District of New York, Judge: Locke, Filed On: February 15, 2024, Case #: 2:22cv6608, NOS: Personal Injury - Product Liability - Torts - Personal Injury, Categories: negligence, Product Liability, jurisdiction
J. Reidinger grants the federal government’s motion to dismiss allegations of negligence brought by the daughter of a woman who died after hospital staff dropped her on her head while she was in a mechanical lift. The daughter is suing the federal government based on its relationship with the Cherokee-owned hospital. Under the Federal Tort Claims Act, which the daughter invokes, the hospital staff are considered federal employees. However, North Carolina doesn’t recognize the negligence claims, so the daughter fails to demonstrate that the FTCA gives the federal court subject matter jurisdiction over the claims.
Court: USDC Western District of North Carolina, Judge: Reidinger, Filed On: February 15, 2024, Case #: 1:22cv10, NOS: Other Personal Injury - Torts - Personal Injury, Categories: Tort, negligence, jurisdiction
J. Van Tatenhove finds in favor of the property owners regarding the jurisdiction of a property damages case. No parties were improperly added to the case, and because there is a reasonable question regarding the amount of damages, the state court is the proper venue for the case.
Court: USDC Eastern District of Kentucky, Judge: Van Tatenhove, Filed On: February 8, 2024, Case #: 5:23cv247, NOS: Torts to Land - Real Property, Categories: Damages, negligence, jurisdiction