121 results for 'filedAt:"2023-09-08"'.
J. Cummings denies the defendant specialty machinery manufacturer’s motion to compel the plaintiff event services company to produce documents and witness depositions for this ongoing contract suit. The manufacturer claims the documents and witnesses are important for its case, in which it argues that it does not owe the events services company over $529,000 for constructing its exhibit at a tradeshow. However, the court finds that attorney-client privilege applies to the requested documents.
Court: USDC Northern District of Illinois, Judge: Cummings, Filed On: September 8, 2023, Case #: 1:18cv5900, NOS: Other Contract - Contract, Categories: Discovery, Privilege, Contract
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Per curiam, the court of appeal finds that the trial court properly denied the adoption agency's petition to change the placement of a minor child because the court did not depart from the essential requirements of the law. Affirmed.
Court: Florida Courts Of Appeal, Judge: Per curiam, Filed On: September 8, 2023, Case #: 2D22-2496, Categories: Family Law
J. Elgin grants, in part, an applicant's motion to partially strike IBM's opposition to its application to register the mark, Sterling and IBM Sterling. Certain portions of the IBM's amended opposition must be stricken, as it failed to address these issues in its initial filing.
Court: Trademark Trial and Appeal Board, Judge: Elgin, Filed On: September 8, 2023, Case #: 91273403, Categories: Trademark
J. Brodie grants summary judgment to an equipment supplier on a carpenter’s product liability, failure to warn and implied warranty claims that alleged its Powermatic Table Saw severed several of his fingers on his left hand while he was cutting a sheet of plywood due to the lack of a handguard. The supplier, who purchased the assets from the original manufacturer at auction who had filed for bankruptcy, did not assume liability for claims against its products sold before the date of the agreement.
Court: USDC Eastern District of New York, Judge: Brodie, Filed On: September 8, 2023, Case #: 1:17cv415, NOS: Personal Injury - Product Liability - Torts - Personal Injury, Categories: Product Liability, Warranty
J. Jackson grants a family’s request for default judgment in a wrongful death suit, awarding in excess of $4.8 million in damages against a business that rents floatation tubes for customers on the Amite River. The father and husband of the survivors, who could not swim, drowned when he fell out of the inner tube. The company did not respond to family allegations that if falsely assured its customers who could not swim that the river was safe and that life jackets were not necessary or required because of the alleged shallow river depth. The award included bystander damages. The drowning of the father on Father’s Day can be reasonably expected to cause severe mental anguish to his wife and children, their eyewitness testimony conveys the seriousness of their emotional distress. The decedent’s widow subsequently experienced suicide ideation and was diagnosed with severe PTSD, anxiety and insomnia. His three children have daily dreams about their dad and the events of that day.
Court: USDC Middle District of Louisiana, Judge: Jackson, Filed On: September 8, 2023, Case #: 3:22cv310, NOS: Marine - Contract, Categories: Damages, Wrongful Death, Business Practices
J. Milazzo denies summary judgment to a hospital on its argument for a mitigation of damages alleged by a patient nervous system monitoring service. The hospital alleges that the neuromonitoring business knew in early 2019 that a health insurer would not pay for part of its service and that it would need to seek reimbursement from the hospital, yet the litigant took no further action until late 2020 and continued to perform more than 500 surgeries at the facility during that time. The neuromonitoring business provides evidence that it was not aware that the insurer’s refusal to pay for its service was a result of the hospital’s breach of the business’s exclusive deal with the medical center until late 2020. A jury could find that the neuro-monitoring business acted reasonably to mitigate its damages.
Court: USDC Eastern District of Louisiana , Judge: Milazzo, Filed On: September 8, 2023, Case #: 2:21cv1489, NOS: Other Contract - Contract, Categories: Health Care, Damages, Contract
J. Cohen finds that the trial court properly dismissed an individual's complaint for failure to state a claim of defamation after he was arrested for threating the state’s House speaker. The individual argues that the newspaper published an article out of hate with the headline reading, “Defendant who threatened House speaker released with several conditions.” The newspaper is entitled to attorney fees and to have the complaint stricken. Reversed.
Court: Vermont Supreme Court, Judge: Cohen, Filed On: September 8, 2023, Case #: 22-AP-222, Categories: Anti-slapp, Defamation, Attorney Fees
J. Marks finds in favor of the Department of Defense in a former teacher’s lawsuit claiming he was discriminated and retaliated against in violation of the Americans with Disabilities Act. The teacher states the department retaliated by not transferring him to another air base school and for requesting him to produce more evidence of the disability. “Being asked to produce additional paperwork, even if the request was unreasonable, does not constitute ‘adverse employment action’ under the ADA.”
Court: USDC Middle District of Alabama, Judge: Marks, Filed On: September 8, 2023, Case #: 2:21cv153, NOS: Amer w/Disabilities-Employment - Civil Rights, Categories: Ada / Rehabilitation Act, Employment Discrimination, Employment Retaliation
J. Wang enters default judgment against a construction company for failing to comply with court orders and retain counsel concerning a disputed construction project. Defendant did not request a deadline extension and had been warned that failing to obtain new counsel after former counsel withdrew could result in an adverse default judgment.
Court: USDC Colorado, Judge: Wang, Filed On: September 8, 2023, Case #: 1:22cv1117, NOS: Other Contract - Contract, Categories: Civil Procedure, Contract
J. Griffin finds that the decedent's purported lost notarial testament is absolutely null. When an original notarial testament is lost, a duplicate testament can prove a valid will was executed. Under statute, a notarial testament must be signed by the testator on each page and at the end, accompanied by the signatures of the witnesses and notary on the attestation clause. In this case, the unsigned copy of the lost notarial testament and the narrative affidavits fail to meet the statutory requirements. Reversed.
Court: Louisiana Supreme Court, Judge: Griffin, Filed On: September 8, 2023, Case #: 2022-C-01763, Categories: Evidence, Wills / Probate
[Consolidated.] Per curiam, the circuit declines to recall a mandate dismissing claims brought against the Palestine Liberation Organization and the Palestinian Authority concerning U.S. citizens injured or killed in terrorist attacks in Israel. Jurisdiction was lacking, and new statute violated due process by attempting to establish "deemed consent" if either organization made payments to terrorists following any deadly attack.
Court: 2nd Circuit, Judge: Per curiam, Filed On: September 8, 2023, Case #: 15-3135-cv (L), Categories: Terrorism, Due Process, Jurisdiction
J. Huffman finds the lower court properly denied the father's motions for temporary custody extensions. The expiration of family services' temporary custody mooted the claim, which allowed the father to pursue relief only through permanent custody proceedings. Meanwhile, the father's refusal to regularly meet with family services and both parents' failures to make significant progress in their case plans allowed the court to grant custody to family services in the best interests of the child. Affirmed.
Court: Ohio Court Of Appeals, Judge: Huffman, Filed On: September 8, 2023, Case #: 2023-Ohio-3183, Categories: Civil Procedure, Family Law
J. McCallum vacates the trial court's order to remit funds of $2.7 million into the court’s registry because it unconstitutionally intrudes upon the Parish School Board's delegated responsibility to appropriate funds under Crooks. The funds were collected through the enforcement of an ordinance titled "School Bus Safety Enforcement Program for Detecting Violations of Overtaking and Passing School Buses." Vacated in part.
Court: Louisiana Supreme Court, Judge: McCallum, Filed On: September 8, 2023, Case #: 2022-CC-01713, Categories: Constitution, Class Action
J. Gershon dismisses a False Claims Act whistleblower complaint brought against an oncology clinic for allegedly charging Medicare for overfill oncology medications. The litigant, a healthcare provider, fails to allege its principal had firsthand knowledge of the defendant’s actions or conducted a thorough investigation to corroborate claims made by other sources. As well, it fails to show that the defendant voluntarily disclosed relevant information to the U.S. government, a requirement under the law.
Court: USDC Eastern District of New York, Judge: Gershon, Filed On: September 8, 2023, Case #: 1:19cv5125, NOS: False Claims Act - Torts - Personal Injury, Categories: Health Care, Medicare, False Claims