89 results for 'cat:"Tort" AND cat:"Jurisdiction"'.
J. Zimmerer finds that the trial court properly denied the city's plea to the jurisdiction in a flight attendant's suit after a slip and fall at Bush Intercontinental Airport. There is a fact issue on the challenged elements of the claim, including the city's knowledge of the alleged dangerous condition. Affirmed.
Court: Texas Courts of Appeals, Judge: Zimmerer, Filed On: April 23, 2024, Case #: 14-23-00319-CV, Categories: tort, Immunity, jurisdiction
J. Halligan answers a certified question by finding that New York law allows personal jurisdiction to be extended when a successor entity entirely assumes a predecessor's assets and liabilities but the parties do not merge. Long-arm jurisdiction had been established over claims contending a foreign bank's U.S. transfers provided assistance to Hezbollah by financing terrorist rocket attacks that harmed U.S. citizens in Israel in 2006. Under the theory of successor jurisdiction, after another foreign bank purchased the assets and liabilities, it also took on the predecessor's specific personal jurisdiction in New York.
Court: New York Court Of Appeals, Judge: Halligan, Filed On: April 18, 2024, Case #: 29, Categories: tort, Terrorism, jurisdiction
Per curiam, the appellate division finds that the lower court properly denied the summer camp's motion to dismiss claims that a camper was sexually abused by a coach while attending football camp in the 1970s. The camper was a resident of New York at the time of the alleged abuse, so he can avail himself of the extended statute of limitations under the Child Victims Act even if the camp was located in Vermont and Massachusetts. Affirmed.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: April 17, 2024, Case #: 02074, Categories: tort, 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. Miller finds the trial court erred by not granting Facebook's motion to dismiss a lawsuit from an ammunition manufacturer over damages it sustained when an impostor created a clone of the manufacturer's Facebook account and used it to conduct business as the manufacturer. The allegations in the lawsuit are not enough to establish specific jurisdiction in a Florida court over Facebook, whose parent company is a Delaware corporation headquartered in California, in part because there is no tort claim alleged against Facebook. The trial court's order is reversed and the case is remanded for further proceedings. Reversed.
Court: Florida Courts Of Appeal, Judge: Miller, Filed On: April 3, 2024, Case #: 23-0948, Categories: tort, jurisdiction
J. Parker finds that the lower court improperly denied the city's plea to the jurisdiction in this personal injury lawsuit stemming from an automobile collision involving a police vehicle that was responding to an emergency. The court does not find that the officer's driving was reckless, as she "used her lights and siren" and "reduced her speed" before entering the intersection against a red light. Reversed.
Court: Texas Courts of Appeals, Judge: Parker, Filed On: April 2, 2024, Case #: 07-23-00400-CV, Categories: tort, Immunity, jurisdiction
J. Jackson denies an offshore oilfield worker’s request for remand of his slip-n-fall some three miles off the Louisiana coast in the Gulf of Mexico. The worker unsuccessfully argues removal of his suit from state court was improperly based on federal jurisdiction over the Outer Continental Shelf lands in the Gulf of Mexico. Although he argues he was off-duty when he fell, the worker would not have been injured “but-for” his employment on the platform, where the vessel was moored and engaged in oil and gas activities in federal waters.
Court: USDC Middle District of Louisiana, Judge: Jackson, Filed On: March 28, 2024, Case #: 3:20cv00250, NOS: Other Personal Injury - Torts - Personal Injury, Categories: Maritime, tort, jurisdiction
J. Corrigan, in an order applied to several different and otherwise apparently unconnected personal-injury cases with disputes over whether the amount in controversy exceeds the $75,000 minimum for federal courts to exercise diversity jurisdiction, finds that the estimates of amounts in controversy required by Florida's civil cover sheet on its own are not sufficient to satisfy a defendant's burden to demonstrate that the minimum amount in controversy is satisfied by a preponderance of the evidence. One of the four cases is remanded after application of this principle. Jurisdiction has been properly invoked in another, and the defendants in the two remaining cases are ordered to file jurisdictional supplements.
Court: USDC Middle District of Florida, Judge: Corrigan, Filed On: March 25, 2024, Case #: 3:23cv869, NOS: Motor Vehicle - Torts - Personal Injury, Categories: tort, jurisdiction
J. Tijerina finds the lower court improperly denied the city's plea to the jurisdiction on an individual's negligence lawsuit filed under the Texas Tort Claims Act. She claims she was injured "while she was being transported by police," but she does not provide detail as to how she was injured. She fails to establish a waiver of the city's immunity. Reversed.
Court: Texas Courts of Appeals, Judge: Tijerina, Filed On: March 7, 2024, Case #: 13-23-00060-CV, Categories: tort, Immunity, jurisdiction
J. Manglona dismisses a case and finds the U.S. is not liable, for an incident where a man tripped and was injured while in a national park, due to the discretionary function exception. The exception holds decisions about the maintenance and operation of the park are subject to discretionary decisions by the park’s supervisors, rather than the government.
Court: USDC Northern Mariana Islands, Judge: Manglona, Filed On: February 26, 2024, Case #: 1:21cv37, NOS: Other Personal Injury - Torts - Personal Injury, Categories: tort, jurisdiction, Premises Liability
J. Carreno-Coll grants the United States' motion to dismiss the injured man's claims against it stemming from a motor vehicle collision, along with the insurance company and the driver's employer's motion to dismiss. This court lacks subject-matter jurisdiction over this case because the driver was not employed directly by the U.S. Postal Service, as the injured man alleged. The injured man also has not proven that the United States was properly served. The court also declines to exercise supplemental jurisdiction over the injured man's claim under Puerto Rico law.
Court: USDC Puerto Rico, Judge: Carreno-Coll, Filed On: February 23, 2024, Case #: 3:22cv1130, NOS: Other Personal Injury - Torts - Personal Injury, Categories: tort, jurisdiction
J. Jackson transfers a Louisiana lawyer’s claims she was severely “eaten by bed bugs” during her rehabilitation stay at a Virginia-based drug and alcohol facility. The attorney fails to show her multiple payments to the rehab center confers jurisdiction of her payment dispute and bed-bug claims. Significantly, neither litigant requested the transfer. “Transfer, not dismissal, best serves to promote judicial efficiency, conserve the [litigants’] resources and avoid duplication of efforts.”
Court: USDC Middle District of Louisiana, Judge: Jackson, Filed On: February 16, 2024, Case #: 3:22cv114, NOS: Insurance - Contract, Categories: tort, jurisdiction, Contract
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. Briones remands to state court a lawsuit brought by a construction worker who said he was injured on the job and separately allows him to amend his complaint to add other prospective defendants. While this court finds that the construction worker has overall met the requirements to add new defendants, the court has “concerns” about one of these defendant companies because while the construction worker says he only recently learned its identity, the company is run by his own son, and this court “finds it difficult to believe that plaintiff was not aware of his sonzs identity, nor
the fact that he purportedly worked for his son’s company on the date of the alleged fall.”
Court: USDC Western District of Texas , Judge: Briones, Filed On: February 8, 2024, Case #: 3:23cv268, NOS: Other Personal Injury - Torts - Personal Injury, Categories: Employment, tort, jurisdiction
J. Starr denies a Chinese fan motor manufacturer's motion to dismiss a Texas-based fan maker's action seeking costs incurred following an underlying case in which the fan maker settled claims arising from a fire allegedly caused by a defective fan motor. The district court has personal jurisdiction based, in part, on the Chinese manufacturer's sale of 1.8 million fan motors to the Texas company in Dallas.
Court: USDC Northern District of Texas , Judge: Starr, Filed On: January 24, 2024, Case #: 3:21cv229, NOS: Other Contract - Contract, Categories: tort, jurisdiction, Indemnification
J. Rubin grants Baltimore’s motion to remand this case back to the circuit court of Baltimore City. The city claims that tobacco company Philip Morris’s cigarette filters are made of a non-biodegradable substance, cellulose acetate, that is toxic to plants and animals, and whose littered filters pollute the water and soil. The tobacco company opposes the motion to remand and had this case moved from circuit court stating the district court has supplemental jurisdiction and federal question over the claims. The company failed to demonstrate that the court has federal question jurisdiction, which is necessary for removal to federal court.
Court: USDC Maryland, Judge: Rubin, Filed On: January 22, 2024, Case #: 1:23cv303, NOS: Torts to Land - Real Property, Categories: Government, tort, jurisdiction
J. Benavides finds that the lower court properly denied the appellant's plea to the jurisdiction in this premises liability action stemming from an alleged trip and fall on a sidewalk at the appellant's arena. The appellant fails to establish that the sidewalk was not unreasonably dangerous, specifically as to the "access point to a sewage overflow connection." Also, there is an issue of fact as to whether the litigant was "an invitee" when she allegedly tripped and fell. Affirmed.
Court: Texas Courts of Appeals, Judge: Benavides, Filed On: January 11, 2024, Case #: 13-23-00163-CV, Categories: tort, jurisdiction
J. Pena finds that the lower court improperly denied the appellant's plea to the jurisdiction in this personal injury lawsuit stemming from a vehicle collision. The appellee motorist failed to file suit within the limitations period, and "the doctrines of misnomer and misidentification do not apply to toll the limitations period." Reversed.
Court: Texas Courts of Appeals, Judge: Pena, Filed On: December 7, 2023, Case #: 13-22-00575-CV, Categories: Civil Procedure, tort, jurisdiction
J. Gordo finds there is no jurisdiction to hear the citizens' appeal of the trial court's non-final order denying their motion to add a property owner as a defendant in their lawsuit over injuries they sustained at a hotel, as the trial court's order did not actually adjudicate and determine personal jurisdiction over the property owner. The citizens' appeal is dismissed.
Court: Florida Courts Of Appeal, Judge: Gordo, Filed On: December 6, 2023, Case #: 23-0205, Categories: tort, jurisdiction
J. Simon denies an ex-husband’s motion to dismiss, for lack of subject-matter jurisdiction, a legal dispute stemming from a “messy divorce.” The fact that this case stems from a divorce proceeding is not alone enough to trigger the “domestic relations exception,” nor is this case barred by the principle of res judicata.
Court: USDC Northern District of Indiana, Judge: Simon, Filed On: November 21, 2023, Case #: 2:22cv145, NOS: Other Personal Injury - Torts - Personal Injury, Categories: Property, tort, jurisdiction
J. Gordo finds the trial court improperly denied a motion to dismiss from the president of a New York-based outdoor advertising company after he was folded into the media group's lawsuit against the company. The media group did not meet its legal burden to refute the president's challenge to the trial court's jurisdiction because he lives in New York and owns no property and does no business in the state of Florida, so the case is remanded for the trial court to grant the president's motion to dismiss. Reversed.
Court: Florida Courts Of Appeal, Judge: Gordo, Filed On: November 15, 2023, Case #: 23-0716, Categories: tort, jurisdiction