61 results for 'filedAt:"2024-04-01"'.
J. Ripple finds that the lower court properly found for the officer on false arrest claims stemming from a man's arrest on charges of being a hit-and-run driver. Three witnesses asserted that the man was the aggressor in the underlying incident, and the officer therefore had probable cause to arrest him based on that information. Affirmed.
Court: 7th Circuit, Judge: Ripple, Filed On: April 1, 2024, Case #: 23-2574, Categories: Civil Rights, Police Misconduct
J. Kobayashi partially dismisses the insurance company’s counterclaims in an underlying action involving a construction project at a correctional facility completed by the developer. The developer does not show with any specificity that it would not have entered into a settlement agreement in the underlying case, had it received final drawings of the project during discovery.
Court: USDC Hawaii, Judge: Kobayashi, Filed On: April 1, 2024, Case #: 1:23cv117, NOS: Other Contract - Contract, Categories: Settlements, Discovery, Contract
J. Kennelly grants a children’s clothing retailer’s motion to dismiss a consumer class action, brought by parents who say school uniforms they bought from the retailer contained polyfluoroalkyl substances. The court finds the parents lack standing to pursue injunctive relief, as they are now aware the uniforms contain the harmful substance. The court also finds the parents have failed to state an actionable claim.
Court: USDC Northern District of Illinois, Judge: Kennelly, Filed On: April 1, 2024, Case #: 1:23cv4899, NOS: Other Fraud - Torts - Personal Property, Categories: Fraud, Consumer Law, Class Action
J. Budd supports the denial of the defendant’s motion to suppress analysis of his blood samples. His consent is not needed where he is being charged for operating under the influence resulting in serious bodily injury and death rather than simple operating under the influence. Affirmed.
Court: Massachusetts Supreme Court, Judge: Budd, Filed On: April 1, 2024, Case #: SJC-13384, Categories: Evidence, Dui, Vehicle
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J. Crenshaw grants the dismissal motion filed by the Metropolitan Government of Nashville and Davidson County, as well as the motion filed by the City of Mt. Juliet, in this lawsuit arising from the shooting death of an individual on the side of Interstate 65. The complaint alleges that he was shot 12 times, including five times "after he had fallen to the ground," and the court concludes that it plausibly alleges excessive force against the individual officers. However, the surviving spouse abandoned her Section 1983 claims against the Metro government and fails to show that the municipal defendants waived their immunity to the negligence claim.
Court: USDC Middle District of Tennessee , Judge: Crenshaw, Filed On: April 1, 2024, Case #: 3:22cv721, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Immunity
J. Carlyle finds that the lower court properly entered a take-nothing judgment following a jury trial in this lawsuit stemming from an automobile accident. The appellant argues that the lower court improperly seated a juror "against whom he had exercised a peremptory challenge," but he failed to timely object to the issue. Affirmed.
Court: Texas Courts of Appeals, Judge: Carlyle, Filed On: April 1, 2024, Case #: 05-22-00920-CV, Categories: Civil Procedure, Jury, Tort
J. Reidinger denies a man, who was involuntarily committed to a hospital in 2016, his motion for reconsideration after he previously filed two other civil actions that were denied. The man then filed a motion to reverse the denials, but these were time-barred. The present motion for reconsideration is therefore futile.
Court: USDC Western District of North Carolina, Judge: Reidinger, Filed On: April 1, 2024, Case #: 1:21cv305, NOS: Personal Injury - Medical Malpractice - Torts - Personal Injury, Categories: Civil Procedure, Constitution, Medical Malpractice
J. Nelson finds that the district court properly denied defendant's motion to suppress methamphetamine found during an officer’s inventory search of his backpack. The police may constitutionally conduct an inventory search of belongings when the property is lawfully retained and the search is done in compliance with police regulations, even after the individual has been released. Affirmed.
Court: 9th Circuit, Judge: Nelson, Filed On: April 1, 2024, Case #: 21-30251, Categories: Drug Offender, Search
[Consolidated.] J. Grosshans finds that the court of appeal properly ruled in claims contending state statute that allows abortions up until the 15th week of gestation concerns a personal right because the privacy clause in the state constitution does not "guarantee the right to an abortion through the end of the second trimester." Affirmed.
Court: Florida Supreme Court, Judge: Grosshans, Filed On: April 1, 2024, Case #: SC2022-1050, Categories: Civil Rights, Constitution
J. Brown finds that the lower court properly denied the city's motion to dismiss plaintiffs' complaint seeking damages for inverse condemnation and alleging the city failed to maintain its sewer system. The municipal ante litem notice requirements are do not apply to the inverse condemnation claim. Affirmed.
Court: Georgia Court of Appeals, Judge: Brown, Filed On: April 1, 2024, Case #: A24A0019, Categories: Damages
J. Mathis finds the district court properly dismissed violations of the Lanham Act and the Tennessee Consumer Protection Act claims brought by FedEx against a consulting company. FedEx alleged a claim for false advertising but fails to plausibly allege the statement was false or misleading. Affirmed.
Court: 6th Circuit, Judge: Mathis, Filed On: April 1, 2024, Case #: 23-5456, Categories: Consumer Law, False Advertising
[Consolidated.] J. Rakoff grants the banks' motion to dismiss seven securities class actions alleging the banks sold billions of dollars of securities before the news publicly broke that their client, Archegos Capital Management, had engaged in market manipulation of these issuers. The investors have not alleged that Archegos shared the issuers' confidential information, so they cannot assert an insider trading theory.
Court: USDC Southern District of New York, Judge: Rakoff, Filed On: April 1, 2024, Case #: 1:21cv8413, NOS: Securities/Commodities/Exchange - Other Suits, Categories: Securities, Class Action
J. Zamora holds that the compensation benefits sections for permanent total disability and permanent partial disability of the Workers’ Compensation Act violate the equal protection clause of the New Mexico Constitution. The employer asks why the term “secondary physical impairment” was coined by the appeals court. The New Mexico Supreme Court finds it inaccurate and that it should have been avoided while analyzing similarly situated workers equal protection claims. Workers with secondary mental impairments are similarly situated to workers with physical impairments, and the worker does meet her burden to show that they were treated differently. Affirmed.
Court: New Mexico Supreme Court, Judge: Zamora, Filed On: April 1, 2024, Case #: S-1-SC-39225, Categories: Constitution, Equal Protection, Workers' Compensation
J. Williamowski finds the trial court properly granted residential parent status to the father with shared visitation at the mother’s home. The mother argues that since she was not named as the residential parent, her and the child have not been reunified. However, neither party filed a shared parenting plain resulting in the trial court lacking the authority to make another discission. Affirmed.
Court: Ohio Court Of Appeals, Judge: Willamowksi, Filed On: April 1, 2024, Case #: 2024-Ohio-1243, Categories: Family Law
J. Williams partially grants a fire department, its president and another member’s motion for summary judgment in this employment dispute brought by a couple that were former volunteer firefighters. The couple alleges unlawful expulsion, retaliation against the exercise of free speech, defamation, defamation per se and tortious interference with a beneficial relationship after the department suspended them for harassing and assaulted the other member. The couple attended hearings, but the bylaws did not allow them to attend the expulsion meeting held before they were able to submit additional evidence. The couple cannot establish that they were in fact employees, nor that they received any remuneration before the expulsion, or that they experienced an actual loss after the expulsion. The defamation and defamation per se claims are ready to proceed to trial, the president and member e-file a joint status report.
Court: USDC Connecticut, Judge: Williams, Filed On: April 1, 2024, Case #: 3:20cv1677, NOS: Employment - Civil Rights, Categories: Civil Rights, Defamation
J. Nye denies a company's motion for attorney fees following arbitration of a supply agreement dispute, and its subsequent request that the court confirm the arbitration award. The arbitrator entered an award in the company's favor and stated that the other party should pay the company's costs of arbitration. The arbitrator made "very specific findings regarding the reasonableness of the costs imposed" and did not mention future costs or costs related to the confirmation of the company's award. There are no grounds entitling the company to an award of fees and costs.
Court: USDC Idaho, Judge: Nye, Filed On: April 1, 2024, Case #: 4:23cv206, NOS: Other Statutory Actions - Other Suits, Categories: Arbitration, Attorney Fees
J. Sweazea grants, in part, an insurer's motion to dismiss in this storm damage dispute brought by a homeowner. The homeowner alleges bad faith breach of contract, unfair insurance practices and unfair trade practices for failure to provide coverage. She sufficiently stated a bad faith claim because the insurer failed to properly conduct an investigation and her unfair practices claim is adequately supported by facts in the complaint. The insurance practices claim is dismissed, but the homeowner may file a motion to amend.
Court: USDC New Mexico, Judge: Sweazea, Filed On: April 1, 2024, Case #: 1:23cv1134, NOS: Insurance - Contract, Categories: Insurance, Contract
J. Gustafson finds that the Attorney General's ballot statement, which was prepared in response to an order from this court, fails to meet the statutory requirement to inform voters about an initiative's provisions. Instead, the statement covers topics not addressed by the initiative. And the ballot statement prepared by the authors of the initiative also misstates the scope of the proposed constitutional amendment, which would create an explicit right to make and carry out decisions about one's own pregnancy, including the right to abortion. Therefore, a ballot statement prepared by the court is certified by the court.
Court: Montana Supreme Court, Judge: Gustafson, Filed On: April 1, 2024, Case #: OP 24-0182, Categories: Civil Rights, Constitution, Elections
J. Christensen dismisses civil rights claims against Flathead County in a dispute brought by a woman who was shot by police during a standoff with her barricaded inside a trailer and armed with a pistol. She has not brought forward any evidence that shows she was shot as a result of poor training or any unlawful policies installed by Flathead County, shielding the county from the claims. She is given the chance to amend her claims to attempt to show how the county could be held liable.
Court: USDC Montana, Judge: Christensen, Filed On: April 1, 2024, Case #: 9:23cv65, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights
J. Boomgaarden finds that the lower court properly terminated a mother's parental rights over her children. The mother was not able to create a safe environment for her children and the state made several efforts to help the mother with her mental state, despite her occasional active resistance to her case plan. Taken together, these facts show it was in the best interests of the children to terminate her parental rights. Affirmed.
Court: Wyoming Supreme Court, Judge: Boomgaarden, Filed On: April 1, 2024, Case #: S-23-0168, Categories: Family Law