133 results for 'filedAt:"2024-03-08"'.
J. Kilbane finds the trial court improperly granted the son's motions to strike the trustees' petitions to determine homestead status of a residential property owned by the married couple before they passed away. The trustees are judicially estopped from arguing at this point that the rules of civil procedure should not have been applied to the motions to strike, as the parties carried out those proceedings as if they were adversary. However, because the trial court's handling of the motions was otherwise procedurally deficient, its order is reversed and the case is remanded for further proceedings. Reversed.
Court: Florida Courts Of Appeal, Judge: Kilbane, Filed On: March 8, 2024, Case #: 22-1369, Categories: Civil Procedure, Wills / Probate
J. Tipton shoots down 21 states’ challenge to the Department of Homeland Security’s parole program that grants a “pathway for parole” in the U.S. to up to 360,000 nationals from Cuba, Haiti, Nicaragua and Venezuela each year, finding they lack standing.
Court: USDC Southern District of Texas, Judge: Tipton, Filed On: March 8, 2024, Case #: 6:23cv7, NOS: Administrative Procedure Act/Review or Appeal of Agency Decision - Other Suits, Categories: Administrative Law, Immigration
J. Upadhyaya grants the FDIC’s motion to strike certain expert reports in its case against Bank of America for allegedly improperly reducing its FDIC insurance premiums by $1.12 billion between 2012 and 2014. Certain opinions are impermissible, as one is a legal opinion, while another invades the province of the jury.
Court: USDC District of Columbia, Judge: Upadhyaya, Filed On: March 8, 2024, Case #: 1:17cv36, NOS: Other Statutory Actions - Other Suits, Categories: Insurance, Experts, Banking / Lending
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J. Cooper denies, in part, the Secretary of the Department of Homeland Security's motion for summary judgment on a black, Muslim former equal rights advisor's employment discrimination action. There are questions of fact regarding his claims for retaliation and racial discrimination.
Court: USDC District of Columbia, Judge: Cooper, Filed On: March 8, 2024, Case #: 1:21cv780, NOS: Employment - Civil Rights, Categories: Employment Discrimination, Employment Retaliation
J. Traver finds that the trial court erred when it ruled in favor of a driver in a car collision case after she had accepted a settlement offer. It was also error to apply a post-judgment setoff that was not included in the settlement. Reversed in part.
Court: Florida Courts Of Appeal, Judge: Traver, Filed On: March 8, 2024, Case #: 6D23-1031, Categories: Settlements, Negligence
J. Brown rules in favor of the insurer in a breach of contract action brought by the insured arising after the insurer refused to pay for a new roof on seven of the insured's buildings following alleged hail and vandalism damages. The insured failed to present evidence showing that its claim was timely or that vandalism damages to the roofs occurred after a company made repairs.
Court: USDC Northern District of Georgia, Judge: Brown, Filed On: March 8, 2024, Case #: 1:21cv4776, NOS: Insurance - Contract, Categories: Insurance
J. Ericksen grants the Christmas tree patent claimant's motion for pre- and post-judgment interest but declines to enhance the jury's royalty damages award. The claimant has not definitively shown that its competitor's infringement on its patent was egregious, and a 10% statutory interest rate is appropriate to apply for pre-judgment interest, while the post-judgment interest rate will be the average 1-year Treasury yield for the week preceding entry of judgment.
Court: USDC Minnesota, Judge: Ericksen, Filed On: March 8, 2024, Case #: 0:15cv3443, NOS: Patent - Property Rights, Categories: Civil Procedure, Patent
[Consolidated.] J. Scudder finds that the lower court properly dismissed a woman's state law claims against her insurer arising out of coverage requests following a fire that destroyed her restaurant. Under the terms of the policy, the woman agreed to resolve part of the dispute through an appraisal process resembling arbitration, and there is no merit to her claim that the appraisal umpire did not understand his assigned task to calculate the actual cash value of the restaurant. Affirmed.
Court: 7th Circuit, Judge: Scudder, Filed On: March 8, 2024, Case #: 23-2282, Categories: Insurance, Contract
J. St. Eve finds that the lower court properly rejected the employee's employment retaliation claims at a jury trial. The court's jury instructions were not misleading, even if they asked the jury to question the employer's "belief" for firing the employee. Further, the court was within its discretion to deny the employee's for-cause challenge to a prospective juror based on an alleged bias against Black men. Affirmed.
Court: 7th Circuit, Judge: St. Eve, Filed On: March 8, 2024, Case #: 22-2619, Categories: Jury, Employment Retaliation
J. Kirsch finds that the lower court properly found for the city on a former police officer's ADA claims alleging it failed to accommodate his sleep apnea. The city offered the officer several reasonable accommodations, but it was never able to implement any of them because he was disciplined for pressuring subordinates to support him against the city and for improperly storing police personnel files. Affirmed.
Court: 7th Circuit, Judge: Kirsch, Filed On: March 8, 2024, Case #: 23-2140, Categories: Ada / Rehabilitation Act, Employment Retaliation
J. Mitchell finds the lower court properly determined that an attorney who was appointed as the administrator ad colligendum of the decedent's estate was not permitted to bring a wrongful death action against rehabilitation center. Caselaw specifies that only executors and general administrators may serve as personal representatives in a wrongful death action.
Court: Alabama Supreme Court, Judge: Mitchell, Filed On: March 8, 2024, Case #: SC-2023-0635, Categories: Wills / Probate, Jurisdiction, Wrongful Death
J. Land finds that the trial court properly granted defendant's motion to suppress the results of a blood test for drugs. Defendant was charged with DUI offenses. The warrant was specifically limited to the drawing and testing of defendant's blood for alcohol and made no mention of testing for drugs. The warrant therefore did not authorize the drug testing. Affirmed.
Court: Georgia Court of Appeals, Judge: Land, Filed On: March 8, 2024, Case #: A23A1769, Categories: Search, Dui
J. Saylor denies a car manufacturer’s motion to dismiss as to three claims against it but allows the dismissal of all other claims brought against it through a class action of purchasers and lessees. The class sufficiently brings evidence of its breach of implied warranty claim and fraudulent misrepresentation claim, and it also sufficiently alleges that the manufacturer violated the Transportation Recall Enhancement, Accountability and Documentation Act.
Court: USDC Massachusetts, Judge: Saylor, Filed On: March 8, 2024, Case #: 1:23cv10829, NOS: Property Damage Product Liability - Torts - Personal Property, Categories: Vehicle, Product Liability, Class Action
J. Berton partially grants a motion for summary judgment by a professional photographer in a lawsuit against a company that used edited versions of his photos on its commercial Facebook page because, while the photographer has established that the business violated his copyrights, he has not shown that the infringement will “tarnish his reputation” or established the dollar amount of lost licensing.
Court: USDC Western District of Texas , Judge: Berton, Filed On: March 8, 2024, Case #: 3:22cv271, NOS: Copyrights - Property Rights, Categories: Copyright, Licensing, Damages
J. Casper denies three insurance companies’ motion to dismiss the first amended complaint for breach of contract and seeking relief brought against them through a class action. Depreciation doesn’t necessarily include labor costs in an insurance policy that doesn’t expressly say that it does, because to assume otherwise wouldn’t interpret insurance policies liberally in favor of the insured.
Court: USDC Massachusetts, Judge: Casper, Filed On: March 8, 2024, Case #: 1:22cv11466, NOS: Insurance - Contract, Categories: Insurance, Contract, Labor
J. Blacklock finds that the court of appeals improperly ruled in favor of a doctor in a case brought by a patient of his who claims he released her from the hospital prematurely and is liable for damages she sustained in a fall. While the patient filed her suit within the tolling period of the statute of limitations, the form was incomplete, leading the court of appeals to find in favor of the doctor. However, an incomplete from is still viable for the tolling of the limitations period. Therefore, the patient's claims are ripe. Reversed.
Court: Texas Supreme Court, Judge: Blacklock, Filed On: March 8, 2024, Case #: 22-0435, Categories: Civil Procedure, Medical Malpractice
J. Haikala holds that an insured's breach of contract action is not barred by a policy's two-year limitations period, as the state law six-year limitations period applies to insurance contracts. Also, issues of fact about how a fire at the insured's property started preclude the insurer's arson defense.
Court: USDC Northern District of Alabama , Judge: Haikala, Filed On: March 8, 2024, Case #: 3:22cv449, NOS: Insurance - Contract, Categories: Insurance
J. Hyman finds that the lower court properly found the doctor guilty of medical malpractice by failing to properly intubate a patient, causing permanent brain damage. The court correctly instructed the jury that it needed to unanimously find the doctor was negligent, but did not need to be unanimous as to which one of his acts constituted the negligence. Affirmed.
Court: Illinois Appellate Court, Judge: Hyman, Filed On: March 8, 2024, Case #: 230134, Categories: Jury, Medical Malpractice
J. Schopler dismisses a corporate fraud complaint brought by two business owners who say that the subsidiary with which they contracted has failed to pay them money owed and has participated in a scheme with its parent company to hide the money necessary to pay them. The two business owners fail to plead each defendant's role in the alleged fraudulent scheme, the assets that were transferred between subsidiary and the parent company, and the timing of these alleged fraudulent activities.
Court: USDC Southern District of California, Judge: Schopler, Filed On: March 8, 2024, Case #: 3:23cv158, NOS: Other Fraud - Torts - Personal Property, Categories: Corporations, Fraud, Jurisdiction
J. Elrod denies the El Salvadoran citizen's petition for rehearing. The immigration judge has previously adjudicated the immigrant removable for lacking documentation. Though the immigrant says she will suffer harm for having reported a rape if returned to El Salvador, the immigration judge determined she had not been harmed for a political opinion or membership in a social group. She also did not show the government would be unwilling or unable to protect her. The Board of Immigration Appeals has not given standards for evaluating when and how single-member panels should exercise discretion to refer a case to a three-member panel, and the circuit lacks jurisdiction.
Court: 5th Circuit, Judge: Elrod , Filed On: March 8, 2024, Case #: 22-60554, Categories: Immigration, International Law, Jurisdiction
J. Clark finds the lower court properly denied the debtor's motion to exclude certain accounts from the judgment obtained by the creditors. Although he claimed his mother was the sole owner of the accounts, he is listed as an owner on documentation provided by the banks and the funds were, therefore, subject to the judgment. Affirmed.
Court: Connecticut Court Of Appeals, Judge: Clark, Filed On: March 8, 2024, Case #: AC45956, Categories: Civil Procedure, Banking / Lending
Per curiam, the circuit finds the district court properly dismissed claims filed by a conspiracy-based political advocacy group that alleges the government violated the constitution, as well as the Administrative Procedure Act and Privacy Act, by surveilling them with directed energy weapons and voice-to-skull technology. The court correctly concluded the claims are unlikely to succeed on the merits. Remaining preliminary injunction factors have not been briefed on appeal, and are forfeited. Affirmed in part.
Court: 5th Circuit, Judge: Per curiam, Filed On: March 8, 2024, Case #: 23-20342, Categories: Administrative Law, Privacy, Injunction
J. Ho finds the district court properly found in favor of World Wrestling Entertainment on a spectator's allegations he was injured at an event and is not bound to the arbitration agreement printed on his ticket because it was a gift from his nephew. Any individual who permits a third-party to present a ticket for admittance to an event on his behalf is bound by the terms and conditions governing the use of the ticket. Affirmed.
Court: 5th Circuit, Judge: Ho , Filed On: March 8, 2024, Case #: 23-10491, Categories: Arbitration, Premises Liability, Contract
J. Settle blocks the state of Washington from enforcing most sections of a law aimed at regulating private for-profit immigration detention facilities. HB 1470, which required a slew of rules and regulations for private detention facilities, violates the supremacy clause because it imposed a burden on the Northwest Detention Center that did not apply to any other facility in the state. Only Section 4 of the law, which does not apply to any contract signed before Jan. 1, 2023, remains in place while the rest is blocked by a preliminary injunction.
Court: USDC Western District of Washington, Judge: Settle, Filed On: March 8, 2024, Case #: 3:23cv5626, NOS: Constitutionality of State Statutes - Other Suits, Categories: Constitution, Jurisdiction, Injunction
J. Nagala grants the employees' motion for class certification, ruling that although the class members were employed by FedEx for different periods of time and had minor differences in their job duties, they were all subject to the same pre-work security screenings and satisfy commonality requirements.
Court: USDC Connecticut, Judge: Nagala, Filed On: March 8, 2024, Case #: 3:21cv1644, NOS: Other Labor Litigation - Labor, Categories: Evidence, Class Action, Labor