131 results for 'filedAt:"2024-02-05"'.
J. Rowland grants a bank’s motion to dismiss a defamation claim brought by the former estate manager for a deceased account holder. A bank employee allegedly filed documents with a trust firm accusing the former estate manager of using her power of attorney on behalf of her mother to appoint herself as her mother’s primary estate beneficiary upon death. The former estate manager denies this is the case and claims defamation over the issue, but the court finds she has provided insufficient evidence to back up her claim.
Court: USDC Northern District of Illinois, Judge: Rowland, Filed On: February 5, 2024, Case #: 1:21cv1361, NOS: Assault, Libel, & Slander - Torts - Personal Injury, Categories: Wills / Probate, Defamation, Banking / Lending
Per curiam, the circuit finds the district court properly found for Louisiana Tech on a doctoral student's discrimination and due process claims arising from her resignation from the program after the faculty reviewed her research paper as poor. There is no evidence the university failed to investigate the student's due process complaint, or that it acted in bad faith in conducting its review. Affirmed.
Court: 5th Circuit, Judge: Per curiam, Filed On: February 5, 2024, Case #: 23-30504, Categories: Education, Due Process, Employment Discrimination
J. Gaitas affirms the district court's grant of summary judgment to the insurer in its declaratory-judgment action concerning its coverage obligations for hail damage to its insureds' roof. The insureds have not shown that an exclusion of coverage for overhead and profit in their policy violate a Minnesota statute requiring insurers to cover repairs to roof decking associated with repairs to covered shingles. Affirmed.
Court: Minnesota Court Of Appeals, Judge: Gaitas, Filed On: February 5, 2024, Case #: A23-0519, Categories: Insurance, Contract
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J. Larson partially affirms the defendant's convictions for first-degree criminal sexual conduct. The infliction of bodily harm alone is sufficient to prove "force" for the purpose of such convictions, regardless of whether that harm caused a victim to submit to penetration. The state, however, charged the defendant for the same act of criminal sexual conduct under two alternative theories, and one of the defendant's two convictions must therefore be vacated. Affirmed in part.
Court: Minnesota Court Of Appeals, Judge: Larson, Filed On: February 5, 2024, Case #: A23-0200, Categories: Sex Offender, Double Jeopardy
J. Brennan finds that the lower court properly found for the volleyball club owners in a class action accusing them of hiding previous claims of sexual abuse, but also imposed sanctions on them for communicating with class members in a manner "potentially coercive." The $20,000 attorneys fees award was properly calibrated to compensate the players for time spent dealing with this misconduct, and the $5,000 civil penalty aligns with precedent. Affirmed.
Court: 7th Circuit, Judge: Brennan, Filed On: February 5, 2024, Case #: 22-2944, Categories: Sanctions, Tort, Class Action
J. Brnovich grants the state's motion to dismiss a mother's negligence claims against the department of child services. The department of child services, which has qualified immunity, sufficiently showed in court that the mother failed to properly serve it, and that its investigation into claims that she molested her child did not violate her civil rights.
Court: USDC Arizona, Judge: Brnovich, Filed On: February 5, 2024, Case #: 2:23cv770, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Family Law, Immunity
J. Gleason denies the state's amended motion for stay regarding a proposed class' allegations that the state did not respond to Supplemental Nutrition Assistance Program (SNAP) applicants within the required timeframe or denied applicants the right to apply for SNAP benefits the first time they contacted the agency. The state asserts that it has "demonstrated commitment to resolving the backlog" in processing SNAP applicants while the case has been stayed. "Further delaying the resolution of this issue could cause potential damage to the proposed class members."
Court: USDC Alaska, Judge: Gleason, Filed On: February 5, 2024, Case #: 3:23cv44, NOS: Other Statutory Actions - Other Suits, Categories: Government, Class Action
J. Mathias finds that the trial court properly ruled in property damage claims stemming from a helicopter crash because evidence indicates the helicopter had been delivered in good working condition and that the crash resulted from engine failure following maintenance. Since the helicopter was returned in worse condition, plaintiff was entitled to damages equal to the value of the aircraft. Affirmed.
Court: Indiana Court Of Appeals, Judge: Mathias, Filed On: February 5, 2024, Case #: 23A-MI-1987, Categories: Property, Damages, Negligence
J. Goodwin grants in part a Charleston attorney's motion for attorneys fees in the breach of contract suit two other attorneys filed claiming he unjustly enriched himself in filing civil actions for former students of the Miracle Meadows School, a now-shuttered Seventh Day Adventist boarding school in Harrison County, after working jointly with them to file the first 29 suits that ultimately resulted in a $100 million settlement. Since the two attorneys recognized their claim lacked merit due to the absence of a joint venture agreement in the latter cases and voluntarily dismissed the complaint, and the one attorney failed to file for sanctions, he is entitled to an award of attorneys fees as they relate to responding to the two other attorneys' motion to disqualify the Bailey and Glasser law firm and the omnibus renewed motion to file documents under seal. The court holds in abeyance determining the amount until detailed bills are submitted, which are to be provided within 10 days.
Court: USDC Southern District of West Virginia, Judge: Goodwin, Filed On: February 5, 2024, Case #: 2:22cv604, NOS: Other Contract - Contract, Categories: Business Practices, Attorney Fees, Contract
J. Blumenfeld Jr. grants the driver $1 million in attorney fees after a jury awarded him $150,000 on his claim that the city's police officers used excessive force when they pointed their guns on him as he lay prone on the ground and complied with all orders. The driver requests $1.3 million in attorney fees, but he asks for the higher end of the hourly rate range for one of his attorneys which is not justified, so the amount is reduced accordingly.
Court: USDC Central District of California, Judge: Blumenfeld Jr., Filed On: February 5, 2024, Case #: 2:22cv2640, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Attorney Fees
J. Land finds in favor of the police officer in a civil rights and excessive force action brought by the driver arising from her DUI arrest. The driver suffered a broken arm after the officer tackled her. The officer is entitled to qualified immunity. A reasonable officer could have believed that probable cause existed to arrest the driver for DUI because witnesses at the crash scene told the officers that the driver admitted to ingesting beer and Xanax. The officers also believed the driver's breath smelled like alcohol. The officer could have reasonably interpreted the driver's move to pull away while she was being handcuffed as resistance.
Court: USDC Middle District of Georgia, Judge: Land, Filed On: February 5, 2024, Case #: 3:22cv49, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Immunity
J. Steele grants, in part, the insurer’s motion for summary judgement on claims related to contract and bad-faith denial of coverage for property damage caused by Hurricane Sally. The condominium association failed to provide requested information within the required time period or to establish any violations of the policy. Therefore, the contract claims are dismissed.
Court: USDC Southern District of Alabama, Judge: Steele, Filed On: February 5, 2024, Case #: 1:22cv495, NOS: Insurance - Contract, Categories: Insurance, Property, Damages
J. Kobayashi partially dismisses an asylee’s claims that the city discriminated against him in denying his applications to renew his Hawaii driver’s license, finding that there was no connection between his national origin and the denial. The asylee’s asylum application was pending when he also attempted to renew the driver’s license, leading to the denial, which was based more on federal regulations than discrimination. The city did offer him a limited purpose license, so he was not completely denied access to identification.
Court: USDC Hawaii, Judge: Kobayashi, Filed On: February 5, 2024, Case #: 1:23cv429, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Government, Licensing
J. Baker grants the company's motion for default judgment in a breach of contract action and awards a judgment against the shareholder in the amount of $122,000. The action arose from the shareholder's failure to pay money owed under a stock transfer agreement. The company plausibly alleged that the shareholder breached the agreement by failing to pay his portions of a settlement or the fees associated with the underlying dispute.
Court: USDC Southern District of Georgia, Judge: Baker, Filed On: February 5, 2024, Case #: 4:21cv184, NOS: Other Contract - Contract, Categories: Contract
J. Royal grants the mother's motion to proceed in forma pauperis in a civil rights and defamation action against the case worker and department director. The mother claimed she was prosecuted for cruelty to children based on false evidence and testimony provided by the case worker and director. The mother has shown she cannot pay court fees due to poverty. The mother is in debt, has three children and lives without any income or assets. However, the mother must amend her complaint because she failed to state a cognizable claim for relief with respect to the alleged civil rights violations and failed to address the status of her underlying criminal case.
Court: USDC Middle District of Georgia, Judge: Royal, Filed On: February 5, 2024, Case #: 5:24cv18, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Defamation
J. Chutkan denies, in part, the Centers for Medicare and Medicaid Services' partial motion to dismiss a group's Freedom of Information Act case seeking records regarding certain types of Medicare, how payment rates are set and related data. The group has adequately pleaded its claim seeking to enjoin the agency from violating the Act by delaying its disclosure of non-exempt documents.
Court: USDC District of Columbia, Judge: Chutkan, Filed On: February 5, 2024, Case #: 1:21cv2784, NOS: Freedom of Information Act (FOIA) - Other Suits, Categories: Public Record, Medicare, Injunction