11 results for 'cat:"Negligence" AND cat:"Venue"'.
J. Bloom grants defendant dismissal of claims contending he sexually assaulted another man at a hotel in France because French law applies and France is the proper venue.
Court: USDC Southern District of Florida, Judge: Bloom, Filed On: December 4, 2023, Case #: 0:23cv61039, NOS: Assault, Libel, & Slander - Torts - Personal Injury, Categories: negligence, venue, Assault
Per curiam, the Louisiana court grants a defendant driver's motion for change of venue from St. John the Baptist Parish to St. Tammany Parish. In this case, the plaintiff driver is a resident of St. Tammany Parish, and the accident occurred in St. Tammany Parish.
Court: Louisiana Court Of Appeal, Judge: Per curiam, Filed On: October 31, 2023, Case #: 23-C-450 , Categories: negligence, venue
J. Emas finds the trial court properly denied Royal Caribbean's motion to dismiss a lawsuit from a passenger who was severely burned while hiking on a volcano in New Zealand which erupted during a shore excursion on the passenger's cruise, one of multiple passengers injured or killed by the eruption. The trial court made no error in deciding that, despite Royal Caribbean's arguments, the contract between the passenger and a separate entity related to Royal Caribbean does not require the passenger's case to be litigated in New South Wales, and Royal Caribbean was not entitled to an evidentiary hearing on the matter. Affirmed.
Court: Florida Courts Of Appeal, Judge: Emas, Filed On: August 23, 2023, Case #: 22-1100, Categories: negligence, venue
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J. Gonzalez finds that the lower court improperly granted the nursing home's motion to change venue in a nursing home negligence action. The nursing home failed to authenticate decedent's signature on the admission contract, so the forum selection clauses therein are unenforceable. Reversed.
Court: New York Appellate Divisions, Judge: Gonzalez, Filed On: August 11, 2023, Case #: 04258, Categories: negligence, venue
J. Brown remands back to New York state courts a total of 43 Child Victims Act lawsuits filed against the Diocese of Rockville Center and various related entities, including the Boy Scouts of America. The cases, which are only a small portion of the total 224 related cases filed against the diocese, had been languishing in legal quagmire after the diocese filed for bankruptcy and subsequently sought to transfer the cases to federal court. The plaintiffs successfully argue the state courts are better prepared to timely resolve their cases.
Court: USDC Eastern District of New York, Judge: Brown, Filed On: August 10, 2023, Case #: 2:23cv5029, NOS: Other Personal Injury - Torts - Personal Injury, Categories: negligence, venue
J. Valderrama grants the plaintiff machine operator’s motion to remand this personal injury case to Cook County, but denies his motion for costs and attorney fees. The operator was injured in an explosion at a steel company’s Indiana production plant and sued both the company and the safety engineer whose negligence allegedly caused the explosion. The operator filed his suit in Cook County court because that is where the safety engineer lives, and while the company earlier managed to remand the case to federal court on a diversity jurisdiction argument, the federal court now agrees with the operator that Cook County’s circuit court is more appropriate.
Court: USDC Northern District of Illinois, Judge: Valderrama, Filed On: August 4, 2023, Case #: 1:22cv6484, NOS: Other Personal Injury - Torts - Personal Injury, Categories: negligence, Jurisdiction, venue
J. Pritzker finds that the lower court properly declined to change venue in an action seeking to hold property owners accountable for the safety of two buildings because the owners' arguments that a two-year-old newspaper article would taint the jury pool and that jurors would have to pass the buildings on their way to trial constituted mere speculation. Affirmed.
Court: New York Appellate Divisions, Judge: Pritzker, Filed On: June 22, 2023, Case #: 535254, Categories: negligence, venue
J. Boulee denies the driver's motion to transfer venue of a negligence action brought by the injured individual to the middle district of Florida. The convenience of witnesses and the location of documents do not support a finding that the action, which arises out of a car collision, should be transferred. The collision at issue also occurred entirely in the northern district of Georgia.
Court: USDC Northern District of Georgia, Judge: Boulee, Filed On: May 25, 2023, Case #: 1:22cv3760, NOS: Motor Vehicle - Torts - Personal Injury, Categories: Vehicle, negligence, venue
J. Aarons finds that the lower court properly declined to change venue in a legal malpractice action because witnesses who supported the change failed to specify how they would be inconvenienced by distance and travel time if they had to go upstate from Long Island to testify. Meanwhile, nothing indicated the new venue would "promote the ends of justice." Affirmed.
Court: New York Appellate Divisions, Judge: Aarons, Filed On: May 18, 2023, Case #: CV-22-1996, Categories: negligence, venue