97 results for 'filedAt:"2024-02-12"'.
Per curiam, the circuit finds the district court properly dismissed the motorcyclist's claims arising from the impoundment of his vehicle for driving without license plates. The rider's tort claims are time-barred, as he filed them outside the one-year statute of limitations.
Court: 5th Circuit, Judge: Per curiam, Filed On: February 12, 2024, Case #: 23-30146, Categories: Tort, Vehicle, Due Process
J. Benton finds a lower court properly dismissed a city's claims for insurance coverage against an insurer. The city argued that it suffered loss of tax revenues during the Covid-19 mandated closures. However, the insurance company sufficiently showed in court that it provided coverage for direct physical business losses, and not the side effects of the pandemic. Affirmed.
Court: 8th Circuit, Judge: Benton, Filed On: February 12, 2024, Case #: 23-1701, Categories: Insurance, Covid-19
J. Arnold finds a lower court properly dismissed a former employee's race discrimination claims. The former employee, an attendance ambassador," argued that the school terminated his role because he is Black. However, the public school district presented sufficient evidence in court that he engaged in attendance fraud.
Court: 8th Circuit, Judge: Arnold, Filed On: February 12, 2024, Case #: 23-2182, Categories: Employment, Fraud, Employment Discrimination
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J. Dale grants in part a company's motion in limine in a contract dispute. Counsel will be prohibited from requesting documents or information that may be contained in testifying witness' records in the presence of the jury. The parties are prohibited from referring to offers of settlement. "Both parties should refrain from using the Golden rule argument to inflame the jury." Neither party shall refer to themselves as "victims."
Court: USDC Idaho, Judge: Dale, Filed On: February 12, 2024, Case #: 2:23cv208, NOS: Recovery of Overpayment & Enforcement of Judgment - Contract, Categories: Contract
Per curiam, the circuit finds the district court properly denied defendant's motion for a writ of audita querela. Convicted for conspiracy to distribute synthetic cannabinoids, defendant stipulated that bank assets, currency, a luxury car and gold bars would be forfeited. Defendant's counsel withdrew, and defendant argues he was denied counsel through his forfeiture proceedings. However, a forfeiture judgment must be challenged on direct appeal. Affirmed.
Court: 5th Circuit, Judge: Per curiam, Filed On: February 12, 2024, Case #: 23-10690, Categories: Drug Offender, Forfeiture, Due Process
J. Mahan grants the gaming device supplier's motion for judgment on the pleadings on putative class securities claims filed by a pension plan arising from the supplier's alleged fraudulent inflation of its share prices via misrepresentations and omissions. Certain claims by certain plaintiffs were dismissed for lack of standing, and the class has failed to timely prosecute by filing an amended complaint. No reason has been given for this failure and no attempt to cure the questions of standing have been made.
Court: USDC Nevada, Judge: Mahan , Filed On: February 12, 2024, Case #: 2:20cv1209, NOS: Stockholders’ Suits - Contract, Categories: Fraud, Securities, Class Action
J. Knepp grants the village's motion to dismiss, ruling the unlawful takings claim filed by the quarry owner must be dismissed for failure to state a claim. The owner fails to identify a property interest other than the property itself, which the owner concedes it will be compensated for through appropriation proceedings.
Court: USDC Northern District of Ohio, Judge: Knepp, Filed On: February 12, 2024, Case #: 3:22cv2282, NOS: Other Civil Rights - Civil Rights, Categories: Constitution, Government, Property
J. Waldick finds the lower court properly granted permanent custody of the child to family services. The parents were clearly unable to provide proper care for their son, who was diagnosed with a serious lung disease at birth because of the mother's drug use, as evidenced by the child's oxygen monitor alarming several times during supervised visits. Additionally, each parent failed to complete significant portions of their case plans, the father had never been alone with the child and continued to struggle with anger and abusive language, and the child thrived with his foster family, which renders the court's decision in his best interests. Affirmed.
Court: Ohio Court Of Appeals, Judge: Waldick, Filed On: February 12, 2024, Case #: 2024-Ohio-517, Categories: Evidence, Family Law
J. Marbley grants the internet trade association's motion for a preliminary injunction, ruling it is likely to succeed on the merits of its First Amendment claims against the state of Ohio regarding enforcement of its law to prohibit minors under the age of 16 from registering social media accounts without parental consent. It is a content-based restriction of speech that infringes on minors' free speech rights in an extremely broad fashion. Although protecting children from harmful content and reducing the likelihood of mental health issues are compelling interests, the social media ban is "a breathtakingly blunt instrument" to accomplish such goals and is also likely void for vagueness under the Fourteenth Amendment.
Court: USDC Southern District of Ohio, Judge: Marbley, Filed On: February 12, 2024, Case #: 2:24cv47, NOS: Constitutionality of State Statutes - Other Suits, Categories: Government, First Amendment, Injunction
J. Pulliam finds a bankruptcy court ruled correctly in confirming a Chapter 13 bankruptcy plan after that plan was disputed by a loan servicing company. The company’s arguments here are “repetitive” and have already been “dispelled by courts in other divisions,” and the company is admonished that in the future it must “focus on ways in which it contends the bankruptcy court erred, rather than simply reiterating arguments made to the bankruptcy court.” Affirmed.
Court: USDC Western District of Texas , Judge: Pulliam, Filed On: February 12, 2024, Case #: 5:23cv361, NOS: Bankruptcy Appeal 28 USC 158 - Bankruptcy, Categories: Bankruptcy, Civil Procedure
J. Saylor grants in part a Dutch multinational corporation’s motion to dismiss claims brought against it by a business that makes medical equipment for federal agencies, which allegedly terminated a contract with the Dutch company in retaliation for repeatedly raising concerns related to government product certification. Wrongful termination applies, as a theory of liability, to employees but it not to commercial entities.
Court: USDC Massachusetts, Judge: Saylor, Filed On: February 12, 2024, Case #: 1:23cv11025, NOS: Other Contract - Contract, Categories: Health Care, Business Practices, Contract
J. Trauger denies the dental care provider plaintiffs' motion for class certification in this suit alleging false advertising and fraud in connection with the defendant company's plastic aligners, which were allegedly sold "for orthodontic use." The dental care providers have "failed to satisfy either Rule 23(a) or Rule 23(b)" for class certification. Additionally, the defendants' motions to exclude certain testimony are denied as moot.
Court: USDC Middle District of Tennessee , Judge: Trauger, Filed On: February 12, 2024, Case #: 3:19cv845, NOS: Other Statutory Actions - Other Suits, Categories: Fraud, Consumer Law, Class Action
J. Vilardo transfers claims contending a company had been induced to purchase medical grade nitrile gloves, that most of the gloves had not been shipped, and that the gloves that had been received were of poor quality. One company is headquartered in Buffalo, but evidence did not indicate meetings or negotiations took place in the relevant district, while the contract dispute at the heart of the complaint concerns events that occurred in Manhattan.
Court: USDC Western District of New York, Judge: Vilardo, Filed On: February 12, 2024, Case #: 1:22cv892, NOS: Racketeer Influenced and Corrupt Organizations (RICO) - Other Suits, Categories: Fraud, Venue, Racketeering
J. Eddins determines that the appeals court has jurisdiction over appeals if the court and its clerks do not timely notify the parties that a post-judgment motion is denied, and the timeframe to begin an appeal only begins when noticed is provided or when the court enters a nullified order. “Judicial inaction cannot operate to foreclose a right to appeal.”
Court: Hawai'i Supreme Court, Judge: Eddins, Filed On: February 12, 2024, Case #: SCAP-23-11, Categories: Civil Procedure, Jurisdiction
J. Boyle grants seven agents of a county government their motion to dismiss allegations of emotional distress, defamation and discrimination brought by a register of deeds. Specifically, she claims the county did not assign to her the best assistant and that it has discriminated against her in some way. However, she has not provided enough information for her claim to survive and she has failed to respond to the county’s motion.
Court: USDC Eastern District of North Carolina, Judge: Boyle, Filed On: February 12, 2024, Case #: 5:23cv520, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Defamation, Employment Discrimination
J. Shepard finds that the trial court properly held that property owners were not subject to premises liability claims for the sexual assault of a minor at a party they hosted, but negligent supervision claims should have proceeded to trial because the property owners had notice that their child may pose a risk to others. Affirmed in part.
Court: Indiana Court Of Appeals, Judge: Shepard, Filed On: February 12, 2024, Case #: 22A-CT-2922, Categories: Negligence, Premises Liability
J. Boulee grants the corporation's motion to compel arbitration in a putative class action brought by the news website subscriber alleging that the corporation shared her personal information without her consent in violation of the Video Privacy Protection Act. The subscriber, who signed up for an account on the news website via Facebook, agreed to the arbitration provision through a valid browsewrap agreement when she registered her account.
Court: USDC Northern District of Georgia, Judge: Boulee, Filed On: February 12, 2024, Case #: 1:22cv4462, NOS: Other Statutory Actions - Other Suits, Categories: Arbitration, Privacy, Class Action
J. Stadtmueller partially grants summary judgment to the trucking company in a lawsuit involving a disputed warranty claim from an insurance company on behalf of an insured whose driver was driving a truck manufactured and serviced by the company when he crashed into a highway median, which he and the company claim was caused by the truck's defective power steering. The insurance company's claim of breach of implied warranties fails and is dismissed with prejudice, in part because the disclaimer language regarding implied warranties in the relevant warranty agreement is conspicuous enough, though it is "a close case." The insurance company's breach of express warranty claim survives and will move forward to trial for a jury to decide whether the crash was caused by defective power steering or the driver's own fault.
Court: USDC Eastern District of Wisconsin, Judge: Stadtmueller, Filed On: February 12, 2024, Case #: 2:23cv219, NOS: Contract Product Liability - Contract, Categories: Product Liability, Warranty, Contract
J. Immergut grants partial summary judgment to the insured in his complaint that the insurance company wrongfully denied his claim for property damage caused by a landslide, which the insurance company denied by citing the land-and-earth-movement exception in the insured's homeowner policy. The declaration of the insurance company's adjuster is inadmissible hearsay because it presents out-of-court statements as truth, and the owned property exception does not apply because the City of Portland's claims for what the insured needs to do to make his property stable are too ambiguous for exceptions to apply.
Court: USDC Oregon, Judge: Immergut, Filed On: February 12, 2024, Case #: 3:23cv191, NOS: Other Personal Property Damage - Torts - Personal Property, Categories: Insurance, Property
J. Cole grants Wal-mart's motion to strike portions of the injured shopper's declaration, ruling her clarifications of the alleged defect in the tile floor that caused her to trip and fall contradict previous versions of her story, including the one taken in her deposition, and constitute sham issues of fact that cannot be considered on the parties' competing motions for summary judgment. Therefore, because the shopper put forth no concrete evidence of a defect in the floor and no evidence the employees of the store were aware of any dangerous defect, Wal-mart's motion for summary judgment is granted and the case is dismissed.
Court: USDC Southern District of Ohio, Judge: Cole, Filed On: February 12, 2024, Case #: 1:21cv670, NOS: Other Personal Injury - Torts - Personal Injury, Categories: Negligence, Premises Liability