163 results for 'filedAt:"2023-10-31"'.
J. Guidry grants a motion by FedEx to apply Texas law in determining the amount the driver can recover for any past medical expenses he may be awarded if successful in his action alleging that he was seriously injured when his vehicle was rear-ended by a FedEx delivery truck. The driver is a Texas resident and drives a vehicle registered in Texas. Although he was injured while passing through Louisiana, all but one of the medical providers with whom he sought care are also located in Texas. Therefore, Texas has the greater interest in the application of its laws to the question of the driver's recoverable past medical expenses.
Court: USDC Eastern District of Louisiana , Judge: Guidry, Filed On: October 31, 2023, Case #: 2:22cv3194, NOS: Motor Vehicle - Torts - Personal Injury, Categories: Tort, Vehicle, Choice Of Law
J. Mills grants the compliance company's motion to transfer the bank's complaint to the Central District of California, where the company is pursuing a trade secrets complaint against the bank. The company filed its complaint in California first and it is "apparent that the California lawsuit and this case are, in many respects, two sides of the same coin."
Court: USDC Northern District of Mississippi , Judge: Mills, Filed On: October 31, 2023, Case #: 1:23cv139, NOS: Other Contract - Contract, Categories: Trade Secrets, Jurisdiction, Contract
Per curiam, the appellate court denies defendant’s petition for a writ of mandamus to challenge court’s failure to rule on his motion to withdraw his guilty plea, as well as his counsel’s failure to argue for the suppression of certain evidence. Defendant has not included a record in support of his challenge or shown that his motion has been called to the trial court’s attention. He has also failed to make remedial filings supporting that the motion was made. The petition is denied in part and dismissed in part for want of jurisdiction.
Court: Texas Courts of Appeals, Judge: Per curiam, Filed On: October 31, 2023, Case #: 12-23-00160-CR, Categories: Evidence, Plea, Due Process
J. Dale denies a company's motion to set aside default in a contract dispute. The company's attorney filed a motion to withdraw and the company did not obtain new representation within the 21-day period. The company's "repeated failures to obtain new counsel in compliance with the Court’s orders amounts to a willful and bad faith failure to respond."
Court: USDC Idaho, Judge: Dale, Filed On: October 31, 2023, Case #: 1:22cv323, NOS: Other Contract - Contract, Categories: Contract
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J. Gordon grants the debt collector’s motion to dismiss this suit alleging violations of the Fair Debt Collection Practices Act. The debtor claims that the collector’s undated letter, which caused her to question its legitimacy, violated debt validation notice requirements, was harassing, misleading and unconscionable. The collector is protected by a Consumer Financial Protection Board regulatory safe harbor because it used a board model letter. The debtor has not alleged that information in the letter was inaccurate and has not plausibly alleged any violations of the Act.
Court: USDC Nevada, Judge: Gordon, Filed On: October 31, 2023, Case #: 2:22cv2150, NOS: Consumer Credit - Other Suits, Categories: Debt Collection, Consumer Law
J. Elrod finds the trial court properly found in favor of the oil and gas production company in this suit alleging that its former operations supervisor breached his fiduciary duty by awarding contracts to companies owned by his friend. The contractors deliberately delayed operations, resulting in nearly $12 million in overbilling damages and $775,549 in recoupment for value received by the former supervisor. The expert properly calculated damages, and testimony regarding the friend’s companies’ better rates was given from memory. The former supervisor’s credibility was in question due to inconsistent answers given on previous questions, so the jury had discretion to reject the testimony. The court’s decision to deny post-trial discovery is vacated. Affirmed in part. Vacated and remanded in part.
Court: 5th Circuit, Judge: Elrod, Filed On: October 31, 2023, Case #: 22-10918, Categories: Employment, Fiduciary Duty, Contract
Per curiam, the circuit finds that the district court properly imposed sanctions in upholding a settlement concerning attorney fees since the order of settlement specified the fee amount, and the argument that attorney incompetence invalidated the agreement constituted a collateral attack on the judgment. In light of other frivolous actions on the record, future appeals or filings relating to the case cannot be brought without obtaining leave of the court. Affirmed.
Court: 2nd Circuit, Judge: Per curiam, Filed On: October 31, 2023, Case #: 21-2961-cv, Categories: Sanctions, Settlements, Attorney Fees
J. Quinn finds that the lower court properly granted summary judgment to the appellee drywall company in this suit brought by an installer who was struck by falling drywall. Nobody from the drywall company directed that the sheets of drywall be placed against a temporary railing, which allegedly gave way and allowed the drywall to fall. Affirmed.
Court: Texas Courts of Appeals, Judge: Quinn, Filed On: October 31, 2023, Case #: 07-23-00057-CV, Categories: Negligence, Premises Liability
J. Fletcher finds that the district court properly entered judgment after a bench trial in an admiralty action brought by a towboat company against a company that hired it to tow a drydock, which was damaged in a storm, from Seattle to Ensenada. The tug towed the drydock into the Monterey Bay National Marine Sanctuary, where it capsized and sank. The district court correctly granted partial summary judgment to the hiring company on the ground that the towboat was negligent as a matter of law in allowing the drydock to sink in the Sanctuary. However, the Ninth Circuit vacates the district court’s award of prejudgment interest on the $40,000 award against the towboat company. Interest should run from the date of the hiring company's expenditures, rather than the date the drydock sank. Affirmed in part.
Court: 9th Circuit, Judge: 22-35195, Filed On: October 31, 2023, Case #: 22-35195, Categories: Admiralty, Property, Negligence
J. Gillmor defers ruling on the United States’ Daubert motion to bar testimony in a wrongful death lawsuit brought by the family of a man who was killed in a helicopter crash allegedly caused by the air traffic controllers. The government’s expert is permitted to testify at trial, allowing the court to determine the reliability and admissibility after the evidence and testimony is presented. The family’s motion to compel production of certain software are inadequately pleaded.
Court: USDC Hawaii, Judge: Gillmor, Filed On: October 31, 2023, Case #: 1:20cv266, NOS: Airplane - Torts - Personal Injury, Categories: Experts, Wrongful Death, Aviation
J. Pirtle finds the trial court properly convicted defendant for possession of meth with intent to distribute and carrying a concealed weapon. After defendant was stopped for a faulty headlight, he provided the officer with a Mexican ID card, a vehicle registration without his name and proof of insurance with his name. Defendant did not speak English and communication was facilitated using Google Translate. Defendant responded “sí” when the officer asked to search the vehicle. The search yielded over a pound of meth, baggies and a handgun. Defendant’s motion to suppress was properly denied because “the evidence is clear that [defendant] knew what was being asked.” Affirmed.
Court: Nebraska Court Of Appeals, Judge: Pirtle, Filed On: October 31, 2023, Case #: A-23-045, Categories: Drug Offender, Evidence, Search
J. Moore finds the district court improperly divided the marital estate in this dissolution proceeding. The court of appeals modifies the decree to restore the ex-wife’s maiden name. Though the wife did not move to amend pleadings, a court may constructively amend in order to render a consistent decision. The husband did not object to the request to restore the name and the court could have amended the pleadings to conform to the evidence. The court also abused its discretion by including the total value of the wife’s whole life insurance policy and two retirement accounts in the marital estate. Valuations and divisions of certain debts and property including a truck and trailer are also modified. Affirmed as modified.
Court: Nebraska Court Of Appeals, Judge: Moore, Filed On: October 31, 2023, Case #: A-22-873, Categories: Family Law, Property, Contract
J. Riedmann finds the district court properly reinstated this child custody case, awarding the never-married parents joint legal and physical custody. The father spent several nights at a time at the mother’s house, operating as a family even after the couple’s relationship dissolved. After the father began dating another woman, the mother would not let him visit and she later moved to Nevada for a new job. Litigation became very complex after the father filed to establish custody and parenting time, and the case was eventually dismissed due to lack of prosecution. After the father’s motion to reinstate, the court determined that the mother failed to show the Nevada job constituted an improvement in employment. The court made findings that the father testified in a credible manner, but the mother did not, inaccurately claiming the father abandoned the child. Though the case had been dismissed when the mother left for Nevada, it was likely to be reinstated. The court’s statement regarding such is not enough to overcome the burden on a party seeking to disqualify a judge for alleged bias. Affirmed.
Court: Nebraska Court Of Appeals, Judge: Riedmann, Filed On: October 31, 2023, Case #: A-23-004, Categories: Evidence, Family Law, Guardianship
[Consolidated.] J. Arterburn finds the trial court properly convicted defendant by plea agreement for possession of a deadly weapon by a prohibited person and attempted murder and unlawful discharge of a firearm. The plain terms of the plea agreement allowed the state to recommend a sentence that, after good time credit, would still require defendant to serve 22 years. But the state recommended an actual bottom number of 22 years, which with good time credit could result in parole at an earlier point. Though no restrictions were placed on the upper limit of the sentence, there was no breach of the agreement. Affirmed.
Court: Nebraska Court Of Appeals, Judge: Arterburn, Filed On: October 31, 2023, Case #: A-23-011, Categories: Firearms, Murder, Plea
J. Windhorst dismisses defendant's appeal of his guilty pleas to reckless operation of a vehicle, drug and paraphernalia possession, and possession of an open alcoholic beverage in a vehicle. In this case, defendant's appeal of his misdemeanor guilty pleas is untimely, and he did not brief any assignments of error regarding the misdemeanor charges.
Court: Louisiana Court Of Appeal, Judge: Windhorst, Filed On: October 31, 2023, Case #: 23-KA-79, Categories: Sentencing, Plea
J. Christel grants the professor's motion for contempt and sanctions against the research company and others for not paying court-ordered fees and costs, which arises from the professor's complaint that the research company and others used and sublicensed the professor's intellectual property after he terminated their licensing agreement. The research company must pay a $1,500 sanctions fee, because it does not properly appeal against the $33,500 award the professor won.
Court: USDC Western District of Washington, Judge: Christel, Filed On: October 31, 2023, Case #: 2:21cv1301, NOS: Copyrights - Property Rights, Categories: Copyright, Sanctions
J. Chaney finds the lower court properly dismissed a personal injury suit. Because the driver of a vehicle that collided with complainant’s vehicle died before the complainant filed her action, the lower court determined the decedent was not a proper party to the suit. A representative for the decedent filed a plea-in-bar, and the lower court granted it, as the time for the complainant to amend to substitute a personal representative for the decedent and for filing a personal injury action had expired. Affirmed.
Court: Virginia Court Of Appeals, Judge: Chaney, Filed On: October 31, 2023, Case #: 0104-22-3, Categories: Civil Procedure, Negligence
J. Rectenwald finds that the circuit court properly declined to dismiss Honolulu’s lawsuit against a number of oil and gas producers. Honolulu and its water supply board’s complaint are well pleaded and challenge the sale of fossil-fuel products and the “sophisticated disinformation campaign” behind those sales. The oil companies’ ads were deceptive regarding their promotion of fossil fuel use. Affirmed.
Court: Hawai'i Supreme Court, Judge: Rectenwald, Filed On: October 31, 2023, Case #: SCAP-22-429, Categories: Energy, Tort, Jurisdiction