132 results for 'filedAt:"2024-02-26"'.
J. Schiltz partially grants the medical technology companies' motion to dismiss claims brought by the personal representative of the estate of an inventor who helped develop products for the companies under contract. Claims against three of the companies are dismissed for lack of personal jurisdiction, since the representative has neither established that all of the companies are alter-egos of each other nor that the three dismissed companies have adequate contacts with Minnesota to exercise jurisdiction. Claims against the other two companies survive.
Court: USDC Minnesota, Judge: Schiltz, Filed On: February 26, 2024, Case #: 0:21cv2572, NOS: Other Contract - Contract, Categories: Jurisdiction, Contract
J. Ruiz grants $34,814.91 in attorney fees and costs to the father in his suit against the mother seeking the return of their child to Spain. The requested fees and costs are reasonable, and the mother has failed to respond to the father's motions for them.
Court: USDC Southern District of Florida, Judge: Ruiz, Filed On: February 26, 2024, Case #: 1:23cv22341, NOS: Other Statutory Actions - Other Suits, Categories: Family Law, International Law, Attorney Fees
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J. Kleeh grants the motion of two West Virginia State troopers and a Preston County Sheriff's deputy for partial dismissal of a Kingwood man's civil rights suit. The man claims the deputy wrongfully entered a home after he called 911 seeking assistance to have his sister removed following a verbal altercation, then aided by the two troopers who arrived later on the scene, wrongfully detained and arrested him for obstruction. The two troopers are entitled to qualified immunity since they acted properly within their scope of authority as state police officers.
Court: USDC Northern District of West Virginia, Judge: Kleeh , Filed On: February 26, 2024, Case #: 1:23cv83, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Immunity, Police Misconduct
J. Kleeh denies in part the motion to dismiss a civil rights suit claiming deputies caused a man's death, after responding to a 911 call from the couple he was living with while he was experiencing a "mental health issue." The deputies allegedly tazed the nude man in the back and left him handcuffed face down on the floor of the home, causing him to go into cardiac arrest because of his obesity and inability to breathe properly. The court denies the deputies qualified immunity since the man, despite his size, was unarmed, not resisting arrest and not attempting to flee from the deputies.
Court: USDC Northern District of West Virginia, Judge: Kleeh, Filed On: February 26, 2024, Case #: 3:23cv177, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Wrongful Death, Police Misconduct
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. Darrow grants a group of union trustees' motion to dismiss an electrical contractor's bid for reconsideration. The trustees sufficiently showed in court that the electrical contractor failed to pay past due contributions, damages, and attorney's fees.
Court: USDC Central District of Illinois, Judge: Darrow, Filed On: February 26, 2024, Case #: 4:18cv4045, NOS: Employee Retirement Income Security Act (ERISA) - Labor, Categories: Damages, Contract, Labor / Unions
J. Crabtree rules a U.S. Army Colonel may pursue declaratory and injunctive relief concerning a commanding officer's issuance of a Military Protective Order, banning him from contacting his daughters, who claim that he sexually abused them. The father sufficiently showed in court that the protective order violates his due process rights based on the lack of a hearing.
Court: USDC Kansas, Judge: Crabtree, Filed On: February 26, 2024, Case #: 2:23cv2102, NOS: Other Civil Rights - Civil Rights, Categories: Due Process, Military, Injunction
J. Woods grants the timeshare seller's motion to dismiss RICO claims stemming from allegations that it misled buyers about timeshare interests in a Manhattan building, hiding the true fees involved and availability of reservations. The buyers' dispute as to the calculating and billing of management and maintenance fees does not evince a scheme to defraud them. Similarly, the buyers allege they had great difficulty in reserving the use of their timeshare interests, but do no identify any misrepresentations or deception on the seller's part.
Court: USDC Southern District of New York, Judge: Woods, Filed On: February 26, 2024, Case #: 1:20cv7042, NOS: Racketeer Influenced and Corrupt Organizations (RICO) - Other Suits, Categories: Fraud, Racketeering
J. Hummel grants an environmental advocacy group’s motion for joinder, allowing it to also sue an executive for a recycling services company in its Clean Water Act complaint alleging unlawful discharge of industrial stormwater runoff at an industrial park. The court finds the executive a responsible corporate officer tasked with complying with the company’s general permit. The court further grants the advocacy group’s motion to amend so it can add details about the general permit as well as the executive’s alleged involvement.
Court: USDC Northern District of New York, Judge: Hummel, Filed On: February 26, 2024, Case #: 1:20cv1025, NOS: Environmental Matters - Other Suits, Categories: Civil Procedure, Environment
J. Seybert preserves a trademark infringement lawsuit against a canned produce seller for its use of the “Backyard Food” trademark in connection with the sale of pickled food products. The court rules the litigant’s almost six-year delay in bringing suit does not warrant dismissal because it requires additional fact-finding analyses, which are generally recommended on a motion to dismiss.
Court: USDC Eastern District of New York, Judge: Seybert, Filed On: February 26, 2024, Case #: 2:22cv4342, NOS: Trademark - Property Rights, Categories: Trademark
J. Buchanan finds that the trial court must hold an evidentiary hearing on defendant's claim for resentencing on a manslaughter conviction. He made a prima facie case for resentencing on the conviction, which was the result of a guilty plea to a lesser included offense of a charged murder, and the record is insufficient to determine whether he could be convicted of murder under current law. Reversed.
Court: California Courts Of Appeal, Judge: Buchanan, Filed On: February 26, 2024, Case #: D082071, Categories: Murder, Sentencing, Manslaughter
J. Poochigian finds that the trial court properly denied contractors' motions to compel the arbitration of an elderly homeowner's fraud, consumer warranty and unfair debt collection claims over a contract to install solar panels. Evidence from DocuSign showing the homeowner reviewed and signed the contract in just 38 seconds met the business records exception to the hearsay rule. Also, the contractors failed to show the homeowner's signature was valid as a matter of law, and, though sharp factual disputes meant the trial court should have held an evidentiary hearing, it was within its discretion to rely on recordings and undisputed declarations to deny arbitration. Affirmed.
Court: California Courts Of Appeal, Judge: Poochigian, Filed On: February 26, 2024, Case #: F085918, Categories: Arbitration, Construction, Evidence
J. Brasher finds that the district court properly admitted evidence of a police investigator's testimony and correctly convicted defendant of RICO conspiracy, attempted murder and other offenses. The investigator's statement at a preliminary hearing recounted a witness's statements implicating defendant in a crime. The witness was later murdered by other gang members who attended the hearing. The testimony was not hearsay because it was offered to establish the effect it had on the listeners at the hearing and to show that defendant and fellow gang members had a motive to kill the witness for cooperating with police. The district court correctly found that the probative value of the testimony was not outweighed by any unfair prejudice to defendant. Affirmed.
Court: 11th Circuit, Judge: Brasher, Filed On: February 26, 2024, Case #: 22-13068, Categories: Confrontation, Conspiracy, Racketeering
J. Michelson grants an insurer summary judgment in claims brought after a woman died in a shootout between her husband and a man he suspected to be her paramour. The paramour was not entitled to indemnification even though the shootout occurred at his home, which was covered under the policy, because his intentional conduct caused her death and did not constitute an accident.
Court: USDC Eastern District of Michigan, Judge: Michelson, Filed On: February 26, 2024, Case #: 2:22cv13075, NOS: Insurance - Contract, Categories: Insurance
J. Zmuda finds that while defendant denied being at the scene of the crime where a gun was fired and the victim was pistol-whipped, three witnesses' testimony that he was the perpetrator of the offenses was sufficient to convict him because the jury was in the best position to determine the credibility of all the witnesses. Affirmed.
Court: Ohio Court Of Appeals, Judge: Zmuda, Filed On: February 26, 2024, Case #: 2024-Ohio-694, Categories: Evidence, Firearms, Assault
J. Morrison denies the ERISA plan administrators' motion for judgment on the administrative record, ruling the employee is entitled to coverage for injuries sustained when he was kicked in the leg by a bull calf. Although there is an exclusion in the policy for injuries sustained while working for another employer, the exclusion did not apply in this case. The employee owns and operates a cattle business; however, the calf that kicked him was being raised for personal consumption - a claim proven by receipts and other testimony - which entitles the employee to medical benefits under the plan.
Court: USDC Southern District of Ohio, Judge: Morrison, Filed On: February 26, 2024, Case #: 2:22cv1789, NOS: Employee Retirement Income Security Act (ERISA) - Labor, Categories: Erisa, Evidence
J. Sutton finds that while the language and format of the powertrain warranty certificate may be mundane, the certificate is still entitled to copyright protection. Its crafting was the result of a de minimis level of creativity and involved a distinct arrangement of necessary elements; therefore, the lower court properly awarded the copyright holder's motion for summary judgment and damages from the competitor who duplicated the certificate for its own benefit. Affirmed.
Court: 6th Circuit, Judge: Sutton, Filed On: February 26, 2024, Case #: 23-3394, Categories: Copyright, Evidence, Warranty
J. Brimmer allows a high school army instructor to continue claims contending he faced racial discrimination as a Black employee because discrimination may have occurred when staff members said things such as "here comes the pimp" when he entered the room and when he was made to wear his uniform even though white instructors wore whatever they wanted. However, retaliation claims should be dismissed because the army instructor failed to demonstrate the initial equal employment charge was causally connected to adverse employment actions.
Court: USDC Colorado, Judge: Brimmer, Filed On: February 26, 2024, Case #: 1:23cv137, NOS: Employment - Civil Rights, Categories: Employment Discrimination, Employment Retaliation
J. Shea denies, in part, the bank employees' motion to dismiss, ruling the bank's allegations of a scheme by which the employees submitted expense reports for a marketing company they owned meet the heightened pleading requirements of its fraud claim, which will be allowed to proceed.
Court: USDC Connecticut, Judge: Shea, Filed On: February 26, 2024, Case #: 3:23cv609, NOS: Other Contract - Contract, Categories: Fraud, Contract
J. Hernandez dismisses the Patriot Prayer members' complaint that the city shows negative reception to them and other right-leaning groups while giving positive reception to left-leaning groups and Antifa, and that the city selectively prosecuted them for causing a riot that the members claim Antifa members started. The detectives are immune from suit, the false arrest claim is untimely, and the Patriot Prayer members do not adequately plead their other claims.
Court: USDC Oregon, Judge: Hernandez, Filed On: February 26, 2024, Case #: 3:23cv833, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Immunity
J. Bowman finds that the lower court improperly found in favor of a medical center after a former patient claims it misdiagnosed her cancerous mass as benign. The lower court granted summary judgment in favor of the center after finding that the patient's out-of-state expert was not qualified to give an opinion on Washington's standards of care in this regard, but the comparison between the national standard of care and Washington's own standards do not differ too wildly. The expert showed that he was familiar with the national standards, and because Washington follows those by and large, he was not disqualified from testifying on the case. Reversed.
Court: Washington Court Of Appeals, Judge: Bowman, Filed On: February 26, 2024, Case #: 85197-7-I, Categories: Experts, Medical Malpractice