31 results for 'filedAt:"2024-03-30"'.
J. Boulware denies the bank's renewed motion for judgment as a matter of law. A property investor claims the bank committed trade secret misappropriation by using its customer lead list. The bank's insufficiency of evidence argument improperly focuses on select leads in the list as being publicly available, and, therefore, not secrets. However, evidence presented shows the list was confidential.
Court: USDC Nevada, Judge: Boulware , Filed On: March 30, 2024, Case #: 2:15cv510, NOS: Other Contract - Contract, Categories: Property, Trade Secrets, Banking / Lending
J. Biggs grants the couple currently living on a contested property its motion to dismiss allegations, brought by the previous owners, that the couple is essentially squatting in their home. In previous state court proceedings, the previous owners lost the right to their home because it was foreclosed upon and they were prevented from reentering. The couple legally bought the home and moved in. The previous owners fail to show compelling evidence as to why the state court’s decision should be overturned, and even if they did, the case would need to return to state court to resolve it.
Court: USDC Middle District of North Carolina, Judge: Biggs, Filed On: March 30, 2024, Case #: 1:22cv908, NOS: All Other Real Property - Real Property, Categories: Property, Foreclosure
J. Williams grants, in part, the insurers motion to dismiss this multiplan agreement under ERISA dispute brought by three insured employees regarding their health benefits. The employees seek to recover health benefits the insurers withheld, equitable relief under ERISA violations and negligent misrepresentation, tortious interference with the patient-physician contract or relationship, proscribe insurers’ conduct under a promissory estoppel theory and a violation of the Washington Consumer Protection Act. The employees are barred from equitable relief to recover health benefits at this stage, and fail to establish a standing for the multiplan agreement violations. The insurer Cigna is dismissed on all claims, and the others are dismissed from the negligent misrepresentation, tortious interference, promissory estoppel theory and Washington Consumer Protection Act claims. The court also grants the insurers motion to seal certain exhibits.
Court: USDC Connecticut, Judge: Williams, Filed On: March 30, 2024, Case #: 3:22cv769, NOS: Employee Retirement Income Security Act (ERISA) - Labor, Categories: Erisa, Settlements, Interference With Contract
J. Brennen grants, in part, the insurer’s motion for partial summary judgment on counterclaims brought by a business owner in this insurance dispute after a fire damaged his apartment building. The court holds that the owner is barred from the 12-month cap in coverage on the business income, notes he failed to submit additional building repair to the appraisal panel, says his claim for mortgage interest is unsupported, and rules the unpaid business income he requests is based on gross income, not net computation. The insurer's motion to strike an affidavit of the owners managing member and expert witness are denied because the motion is harmless.
Court: USDC Northern District of Ohio, Judge: Bennan, Filed On: March 30, 2024, Case #: 1:21cv1032, NOS: Insurance - Contract, Categories: Insurance, Damages, Experts
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J. Boulware denies the cardiovascular filter manufacturer's motion for summary judgment on a patient's allegations a blood clot filter was defective after she experienced a long period of complications. This resulted in the removal of the filter, but not a part that had embolized into her left lung. Though warranty breach counts are dismissed, the negligent misrepresentation claim only requires the manufacturer supplied warnings. The surgeon explained he read product warnings, noting if he had been aware of unincluded concerns, he would have selected an alternative device.
Court: USDC Nevada, Judge: Boulware , Filed On: March 30, 2024, Case #: 2:19cv1883, NOS: Tort Product Liability - Real Property, Categories: Negligence, Product Liability, Medical Malpractice
J. Chen dismisses, on jurisdictional grounds, all but two defendants in a case regarding the business operations of a startup investment firm and subsequently compels the parties to arbitration solely to determine whether the remaining claims are subject to arbitration. The case involves allegations that the co-owner in a startup investment firm created without his partner’s knowledge a separate firm under a similar name and siphoned off management fees, depriving the litigant of his 50% stake in the company.
Court: USDC Eastern District of New York, Judge: Chen, Filed On: March 30, 2024, Case #: 2:22cv906, NOS: Trademark - Property Rights, Categories: Arbitration, Trademark, Business Practices
J. Kelly grants the coal company owner's estate's and the company's subsidiaries' motion to dismiss the miners' pension plan's trustees' suit alleging that the coal company's withdrawal from a collective bargaining agreement during its 2019 bankruptcy proceedings left the subsidiaries with $6.5 billion in withdrawal liability. Under the agreement, for trustees to take action on behalf of the plan, that action requires agreement by one of two union trustees and one of two employer trustees. In this case, the employer trustee pursuing the action was not properly appointed as a trustee, having been appointed as an alternate only for the purpose of addressing matters related to the bankruptcy. That trustee was not a "successor" trustee or otherwise sufficiently authorized to bring this suit.
Court: USDC District of Columbia, Judge: Kelly, Filed On: March 30, 2024, Case #: 1:21cv567, NOS: Employee Retirement Income Security Act (ERISA) - Labor, Categories: Employment, Erisa, Trusts
J. Vilardo rules against an elevator company in claims contending an elevator malfunctioned and slammed down, causing a correction officer "serious injuries," because questions remain as to whether maintenance records were complete and accurate, and evidence does not support the theory that, since the safety mechanism had not been triggered, a sudden drop had not occurred.
Court: USDC Western District of New York, Judge: Vilardo , Filed On: March 30, 2024, Case #: 1:18cv333, NOS: Personal Injury - Product Liability - Torts - Personal Injury, Categories: Product Liability
J. Whitehead awards the nonprofit organization $359,100 in attorney fees following a consent decree for its complaint that the state government office enacted hatchery programs that affected the threatened Puget Sound steelhead and did not undergo required review, in violation of the Endangered Species Act. The attorneys' requested rates range from $290 per hour to $700 per hour based on the level of experience, which are reasonable.
Court: USDC Western District of Washington, Judge: Whitehead, Filed On: March 30, 2024, Case #: 2:21cv169, NOS: Environmental Matters - Other Suits, Categories: Environment, Attorney Fees
J. Kelly grants the hospital's motion for summary judgment in its suit against the Secretary of Health and Human Services challenging an administrative finding that the Provider Reimbursement Review Board could not review the hospital's full-time equivalent resident cap for the years from 2004-2007, in which it inadvertently omitted four programs from reimbursement calculations. The Board's decision was based on a flawed reading of the Medicare Modernization Act. The hospital's full-time equivalent resident cap was not an unreviewable "determination" made by the Secretary. Even if it was, the 2006 and 2007 caps are not precluded from review, since the Secretary only used the hospital's 2002 cap in determining the hospital's "otherwise applicable resident limit."
Court: USDC District of Columbia, Judge: Kelly, Filed On: March 30, 2024, Case #: 1:20cv3160, NOS: Medicare Act - Contract, Categories: Administrative Law, Health Care
J. King remands to the arbitrator the food company's complaint that it did not breach the collective bargaining agreements by trying to vacate the award in the unions' favor or by filing an unfair labor practice charge with the National Labor Relations Board. The arbitrator should handle this dispute, because the food company does not cite any evidence that the arbitrator "cannot account for the back pay tolling issue when specifying the proper 'formulae' for implementing the 'make whole' remedy and conducting the back pay calculation on remand."
Court: USDC Western District of Washington, Judge: King, Filed On: March 30, 2024, Case #: 2:19cv1736, NOS: Other Labor Litigation - Labor, Categories: Arbitration, Evidence, Labor
J. Bryan grants, in part, the city, its administrator and director of the leisure services department motion to dismiss in this employment dispute brought by a former recreation program coordinator. The coordinator,a Black woman, alleges race discrimination, a hostile work environment, retaliation in the workplace. The coordinator fails to plead sufficient facts to state a plausible claim for administrative remedies, retaliation, causation, due process, protected speech and defamation in her complaint. Therefore, the administrator and director are dismissed from this case on all claims. The claim for race discrimination will proceed against the city.
Court: USDC Middle District of Alabama, Judge: Bryan, Filed On: March 30, 2024, Case #: 1:23cv153, NOS: Employment - Civil Rights, Categories: Employment Discrimination, Employment Retaliation
J. Irizarry dismisses all federal copyright infringement claims against a group of audio book streaming services, including Amazon-owned Audible, over the rights to stream audio books based on the writings of Teri Woods, an acclaimed urban fiction writer. The court finds the streaming services were granted full rights to distribute the works on their respective platforms.
Court: USDC Eastern District of New York, Judge: Irizarry, Filed On: March 30, 2024, Case #: 1:23cv507, NOS: Copyrights - Property Rights, Categories: Copyright, Technology
J. Chen adopts a magistrate judge’s report and recommendation in full and enters partial default judgment against a landscaping and paving company, ruling it is liable for unpaid union benefit contributions. However, the court finds the pension funds request for damages to be excessive and directs it to renew its request with additional documentation to properly determine the amount the contractor ultimately owes.
Court: USDC Eastern District of New York, Judge: Chen, Filed On: March 30, 2024, Case #: 2:22cv5276, NOS: Employee Retirement Income Security Act (ERISA) - Labor, Categories: Erisa, Damages, Labor / Unions
J. Parker denies Blue Cross Blue Shield dismissal on certain claims in which Ford contends that, as part of a larger conspiracy, Blue Cross divided territory and fixed prices while reducing competition and increasing costs of health services. Ford adequately alleged an antitrust injury on grounds that Ford paid higher premiums for traditional insurance product resulting from a “horizontal agreement” between Blue Cross and its members.
Court: USDC Eastern District of Michigan, Judge: Parker, Filed On: March 30, 2024, Case #: 2:23cv11286, NOS: Antitrust - Other Suits, Categories: Antitrust
J. Moss denies the Bureau of Land Management and State of Utah's motions for partial dismissal and partially grants their motions for summary judgment in the animal activist group's action challenging their management plans for wild horse populations, and partially grants the activist group's motion for summary judgment. The four ten-year plans the group challenges are set aside insofar as they purport to authorize new gathers of wild horses after achieving "appropriate management levels," but the group's challenge to a specific 2021 gather in the Onaqui Mountain Herd Management Area is moot, its challenge of the ten-year gather plans themselves under the National Environmental Policy Act fails because the Bureau sufficiently analyzed them under NEPA, and its claim that the Bureau departed from prior policy without an explanation does not identify a specific requirement that the bureau has failed to meet. All these are therefore dismissed.
Court: USDC District of Columbia, Judge: Moss, Filed On: March 30, 2024, Case #: 1:18cv2029, NOS: Administrative Procedure Act/Review or Appeal of Agency Decision - Other Suits, Categories: Administrative Law, Environment
J. Friedrich dismisses the assignees' claims against the drugmaker in their suit alleging a scheme in which the drugmaker donated its drugs to Patient Assistance Programs in an effort to push under-resourced patients benefiting from those programs into taking the drugmaker's drugs, then increase its prices to benefit from the resulting increase in health insurance claims for those drugs. The assignees have not shown that their unnamed assignors would have standing to pursue claims on their own, nor that their named assignors' would have standing to pursue state law claims. They have shown that they have standing to pursue the named assignors' federal RICO claims, but RICO does not provide a private right of action to pursue such claims by indirect purchasers. They also have not sufficiently pleaded any RICO predicate.
Court: USDC District of Columbia, Judge: Friedrich, Filed On: March 30, 2024, Case #: 1:22cv1419, NOS: Racketeer Influenced and Corrupt Organizations (RICO) - Other Suits, Categories: Fraud, Medicare, Racketeering
J. Jackson grants the Department of Energy's motion for summary judgment in the nonprofit's Freedom of Information Act suit seeking information on an ethics matter involving a former deputy assistant secretary. Documents withheld in the Department's original response to the nonprofit's FOIA request fell under an exemption for attorney work product, attorney-client privilege and deliberate process privilege. The privacy interest involved in the redaction of two documents related to a conflict of interest outweighs any public interest in those documents.
Court: USDC District of Columbia, Judge: Jackson, Filed On: March 30, 2024, Case #: 1:21cv2486, NOS: Freedom of Information Act (FOIA) - Other Suits, Categories: Government, Privacy, Privilege